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HomeMy WebLinkAbout6/23/1987r � � Tuesday, June 23, 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 23,.1987, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Wheeler led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock wished to add a discussion in regard to routing of traffic at Country Club Pointe during the bridge replacement right after the Consent Agenda. He also requested the addition of approval of application for Hazardous Waste Collection Center Grant and contract with DER re same as Item P on the Consent Agenda. The Chairman advised also that Richard Schuler would be making a presentation of some kind. ON MOTION by Commissioner -Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the above described additions to the agenda. PRESENTATION BY RICHARD SCHULER Mr. Schuler, representing the Golf Course Feasibility Committee, wished at this time to thank those Commissioners who had cooperated with the Golf Committee and through whose efforts the new County golf course came into existence. 800i� f'H. �vJ �Ld JUN 2 3 1987BOOK 5,9 Mr. Schuler then reviewed the history of the creation of the golf course, starting with a phone call to him from Commissioner Bird in January of 1984 and the creation of the Golf Course Feasibility Committee as approved by the Commission on February 28, 1984. The members of that committee, some of whom are present today, were Harold Djorup; Gerald Ashcraft, Treasurer; Richard Schuler; the late Remsen Walker; Ruth Mead, Secretary; Vic Lunka; Ron Fanaro, Attorney; Clyde "Bud" Morrison; and Charles Block, Architect. The Commission members at that time were Patrick Lyons, Chairman; Don Scurlock, Vice Chairman; Richard Bird; William Wodtke; and Margaret Bowman. Mr. Schuler noted that the job was completed and the committee dismissed last December, but since they had some funds left over, they decided to make a presentation to the Board of a plaque setting out for posterity the names of the Committee members and the Commis- sioners. Mr. Schuler presented the plaque to Chairma.n Scurlock and expressed the hope that it would be displayed in the Administration Building. Gerald Ashcraft, Treasurer of the Golf Course Feasibility Committee, then -presented the Chairman with a check for $200, representing the balance left when they closed out their account. Commissioner Bird expressed his thanks to those who served on the committee for the tremendous job they did in bringing the golf course project to a successful completion and believed they now can look on the finished project with pride. Chairman Scurlock added his thanks to the Committee, especially in getting out the message that we wanted the course to function on its own and be self-supporting, and he was happy to announce that the course grossed $74,000 in the first month, and last Saturday had its biggest day, grossing over $3,000 in one day. He believed our revenue projections are right on line and was optimistic that the course will not only be self- supporting but may even have a surplus. 2 _ 3 - CONSENT AGENDA A. Appointment to Beach Preservation & Restoration Committee ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously appointed Robert M. Tenbus to the Beach Preservation & Restora-- tion Committee to fill the vacancy left by Gene Waddell. B. Appoint Representative to serve on Circuit Conflict Committee ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously reappointed Gary C. Wheeler as the County's representative on the 19th Judicial Circuit Conflict Committee. C. Out -of -County Travel - NACo Annual Conference ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously authorized out -of -County travel for Commissioners and appro- priate staff to attend the NACo Annual Conference in Indianapolis, Ind., July 10-14. D. Final Payment - Appraisals North Gifford Road Project The Board reviewed memo of R/W Agent Don Finney: 3 JUN 2 3 1987 Boor. 68 Fait 597 JUN 2 3 1987 BOOR 68 fAU�E 598 TO: THE HONORABLE MEMBERS OF DATE: June 11, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administr for SUBJECT: Final payment for appraisals %% North Gifford Road Project Ra ph . Bre cia, P.E. County Engineer FROM:REFERENCES: Donald G. Finney, SRA Right -of -Way Acquisition Agent DESCRIPTION AND CONDITIONS The Board on February 10, 1987 authorized Napier Appraisal Services to appraise 17 parcels along North Gifford Road at $550.00 each parcel or $9,350. The right-of-way needs were reassessed and revised causing a savings of right-of-way having to be purchased. Because of the changes made by staff only 14 parcels are now having to be appraised, saving $1,175.00 in appraisal fees and unknown land costs. On May 11, 1987 the Board approved a partial payment of $5,500 to be made to Napier Appraisal Services for the 10 appraisals that were completed. The Appraiser has now completed the final 4 parcels and is requesting his final payment of $2,200.00. RECOMMENDATION AND FUNDING It is recommended that staff be authorized to pay Napier Appraiser $2,200.00 for work accomplished and delivered to date. ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously authorized the final payment of $2,200.00 to Napier Appraiser for appraisals done on the North Gifford Road Project. E. Libraries - Youth, Literacy and Elderly Grant Contracts ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved Contracts with the State Division of Library and Information Services for Library Services to Youth, to the Elderly, and a Literacy Project, and authorized the signature of the Chairman on all three contracts. CONTRACTS WILL BE PUT ON FILE WHEN FULLY EXECUTED AND RECEIVED. 4 F. Approval 6 Transmittal of OEDP Report to EDA The Board reviewed memo of Staff Planner Cheri Boudreaux: _ TO: The Honorable Members DATE: June 10, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: APPROVAL AND TRANSMITTAL Robert M. Keat'ng, CP OF THE ANNUAL OEDP REPORT Director, Community Development TO THE ECONOMIC DEVELOP- MENT ADMINISTRATION FROM: Cheri Boudreaux &-SO REFERENCES: Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 23, 1987. DESCRIPTION & CONDITIONS On June 4, 1987, the Overall Economic Development Plan (OEDP) Committee met to discuss a draft annual report on the County's OEDP. The Annual OEDP Report is due to the Economic Development Administration by June 30, 1987. This report is required in order for Indian River County to maintain its "redevelopment area" status and its eligibility to apply for federal technical assistance funds. The Annual OEDP Report must include the following items: 1) A review of past year's accomplishments; 2) Report on any significant changes in the economy and its development potentials; and 3) An update of the County's development strategies and course of action planned for the coming two years. This shall include any projects that may require EDA financial assistance. The County planning staff prepared a draft of the final annual report and presented the draft for the Committee's review at the June 4 meeting. The Committee felt that no additional meetings were necessary, and they approved the draft with minor changes. As amended and approved by the OEDP Committee, the annual report reflects the past year's accomplishments and minor changes to the OEDP. RECOMMENDATION Based on the OEDP Committee's review, staff recommends that the Board of County Commissioners approve the Annual OEDP Report and authorize staff to transmit the report to the Economic Development Administration. ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the Annual Overall Economic Development Plan and ►JUN 1 5 BOOK L68 �AuL JUN- 23 MT l300K 68 f'KIA 600 authorized staff to transmit same to the Economic Development Administration. COPY OF SAID REPORT ON FILE IN OFFICE OF CLERK TO THE BOARD. G. Final Payment Gravity Sewer Project - 11th_St. _& 7th Court The Board reviewed memo of Assistant Utility Director Barton: TO: BOARD OF COUNTY COMMISSIONERS DATE: JUNE 16, 1987 VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR]jn THRU: TERRANCE G. PINTO, DIRECTOR OF UTILITY SERVICES FROM: JEFFREY K. BARTON ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: FINAL PAYMENT GRAVITY SEWER PROJECT 11TH STREET & 7TH COURT BACKGROUND AND ANALYSIS Collee Mechanical, Inc. entered into a contract with Indian River County Utilities to construct a gravity sewer line at 11th Street and 7th Court in the amount of $75,116.00. The work has been completed and is satisfactory per the attached Letter - of Transmittal from our engineers, Masteller & Moler Associates, Inc. The staff of the Division of Utility Services recommends to the Board of County Commissioners to accept the work and authorize final payment of $7,511.60 for Indian River County Utilities Project No. UW86-17-CS with funding from Account #471-000-169-035.00. ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously accepted the work done on the 11th Street 6 7th Court Gravity Sewer project and authorized final payment to Collee Mechanical, Inc., of $7,511.60 as recommended by our engineers, Masteller & Moler Assoc. 4 _ 6 i H. Surplus Property - Solid Waste Dept. The Board reviewed memo of Purchasing Manager Goodrich: _ TO: Board of County Commissioners DATE: June 15,* 1987 FILE: - r_ M THRU: Joseph A. Baird 1-/ SUBJECT: Surplus Property _ p - Director, Budget Office FROM:" 704.4 , REFERENCES: _ Carolyn G odricn, Manager Purchasi g Department The Solid Waste Department has several 40yd. Containers and some other miscellaneous equipment, per the attached memo,.that must be declared as surplus property by the Board of Commissioners so that it can be sold. Staff recommends the Board declare the property as surplus, so it can be advertised and sold to the best bidder. TO: CAROLYN GOODRICH MANAGER OF PURCHASING THRU: TERRANCE G. DIRECTOR OF FROM: H.T. "SONNY" DEA MANAGER OF SOLID WASTE MANAGEMENT DIVISION OF UTILITY SERVICES . SUBJECT: SURPLUS PROPERTY DATE-, JUNE 11, 1987 The Solid Waste Department has the following surplus property: DESCRIPTION ASSET NO. I. D. NO. 1. Northwest Dragline FL #k011 250 2.- Fairbanks 50T Scale Printer FL #000 143383 3. Air Curtain Destructor UNKNOWN NONE 4. Trash Rake For Loader UNKNOWN NONE 5. Hendrix 3/4 yd. Dragline Bucket UNKNOWN NONE 6. Refuse 40 yd. Container 3943 if 7. if " 2671 it 8. it " 3486 if 9. if " 1711 of 10. if " 2672 of 11. to " 3467 if 12. " " 3074 if 13. " " 3751 if 14. " " UNKNOWN 15. n If it n 16. If of n u 17. n If n n. 18. n n u n 19. u n n u 20. n n n n 21. a If n n 22. u n n n 23. 24. n n n n 25. If n u u 26. to n u n 27. n n n n 28. it ° n If 29. of 30. if n u n JUN 2 3 1987 V1 BOOK I'LL ��,�. 4 JUN 2 3 1997 BOOK 68 Pr1GE 602 ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously declared the above listed Solid Waste Department property surplus and authorized staff to advertise it for sale to the best bidder. 1. Bid for Care of 60 Acre Grapefruit Grove The Board reviewed memo of Purchasing Manager Goodrich: TO: Board of County Commissioners DATE: June 12, 1987 FILE: THRU: Joseph A. Bair p SUBJECT: B i d for Care and Maintenance of Director, Budget 0 lice 60 Acre Grapefruit Grove FROM: REFERENCES: _ Carolyn Grich, Manager Purchasin" Department Recommendation The only bid was submitted by Arapaho Citrus Management, Inc. with a per acre price of $477.00 per acre for the first twelve months. The present contract with Sexton Grove Service is $492.50 per acre. The recommendation is to award the contract to Arapaho Citrus Management, per the attached memo from Sonny Dean. Background The care and maintenance of the County owned grove has been under contract to Sexton Grove Service. Sexton Groves has resigned as caretaker. Bid Data The bid for Care and Maintenance of 60 Acre Grapefruit Grove was advertised on May 18, 26, June 1, 1987. Bids were received Wednesday, June 10, 1987 at 2 P.M. 1 Bid was received. ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously awarded the the bid for care and maintenance of the County -owned grapefruit grove to Arapaho Citrus Management, Inc., at a per acre price of $477 per acre for the first���=� twelve months, as recommended by staff. �O 8 J. Final Payment - Williams, Hatfield & Stoner & Carter & Assoc. The Board reviewed memo from the Assistant Utility Director:- _ TO: BOARD OF COUNTY COMMISSIONERS VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU : TERRANCE G. PINTO 1101, I DIRECTOR OF UTILITY SERVICES DATE: JUNE 16, 1987 FROM: JEFFREY K. BARTON c��, -_ ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: FINAL PAYMENT FOR SERVICES . WILLIAMS, HATFIELD & STONER, INC. AND CARTER AND ASSOCIATES BACKGROUND AND ANALYSIS The Board of County Commissioners entered into several contracts in 1984 with the joint venture of Williams, Hatfield & Stoner, Inc. and Carter and Associates. The contracts cover the following three areas: A. Wastewater - Route 60 - Pumping Station/Force Main B. Wastewater Site and Plant - Route 60 - (West Regional Wastewater Treatment Plant). C. Master Plan - Wastewater During the course of the project design and construction, the Board of County Commissioners authorized additional services under the existing contract to complete the project. At the present time, the project is complete and the final payment is due in the amount of $23,756.99. Attached is a copy of the complete breakdown of basic services and additional services for all three projects. RECOMMENDATION The Division of Utility Services recommends to the Board of County Commissioners that they approve the final payment of $23,756.99 for the three contracts and accept the breakdown of basic and additional services for the projects outlined in the attached letter from the joint venture. Funding for these items are from Utilities Account #706-230-535-066.5. JUN 23 1987 9 Rjbh 68 3 FF- -7 JUN 2 3 1987 BOOK 68 P,, E 604 WILLIAMS, HATFIELD 8 STONER, INC. Cionsuifing Engineers . Planers . Surveyors AIRPORTS HIGHWAYS S BRIG ,ES 2312 WILTON DRIVE WATER S SEWER SYSTEMS FORT LAUDERDALE, FLORIDA 33305 LAND SURVEYS _ 304 X668-8341 SUBDIVISION DEVELOPMENT DRAINAGE S WATER MANAGEMENT DADE 947.8238 PALM BEACH 736-6495 PORT E MARINE FACILITIES MUNICIPAL ENGINEERING Mr. Jeffery R. Barton June 4, 1987 Assistant Director of Utilities Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Barton: ENGINEERING SERVICES Pursuant to our meeting on Friday I have developed three spreadsheet summaries of the statements we have forwarded to the County on the Carter/WHS Joint Venture. I have tried to identify the various charges consistent to the notations on the statements so some common references exist. As you know there were three work authorizations issued under our parent agreement. These work authorizations and a formal addendum to two of them contained what is termed "Basic Services". From time -to -time during the progress of the work we were requested to expand that "Basic" assignment. In all instances the charges associated with this "additional" work.were collected separately and the various.statements were annotated to reflect this effort. The term "Extended" service on the spreadsheets is there to reflect the change in time through which the basic services were provided. This is to say, the construction phase of both the Regional Treatment Plant and the S.R. 60 Force Main projects went beyond the construction period anticipated by the work authorization. Therefore, I have tried to indicate to you where we were with our estimate of costs at the end of the anticipated construction period with respect to the original budget. I think these spreadsheets indicate several things quite clearly: 1. In all instances with this fast track project we were well within budget for basic services through the scheduled service period. 2. There was no way for us to anticipate that "Additional Services" were not adequately authorized. As you will note, substantial amounts were paid by the County for services clearly marked as'additional well in advance of a question being raised. In our judgement all of the work performed by the joint venture was performed pursuant to the terms and conditions of our agreement. I hope this resolves this issue. If you need additional data, please give me a call. 11% lwe Our records reflect the following unpaid amounts: - R A. (2130.02) S.R. 60 Pump Stations/Force Main 5/31/86 #10 4,869.92 7/18/86 #11 2,395.15 B. (2130.05) West Regional Wastewater 5/31/86 #9 8,879.17 Treatment Plant 10/26/86 #10 5,833.75 11/23/86 #11 640.50 C. (2130.00) Master Plan for Area -Wide 10/27/85 # 4 1,138.50 Wastewater Program Total $230756.99 Very truly yours, y Antho y A. No an _ , P.E. ,Executive Vi a President 10` ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved _ final payment to Williams, Hatfield & Stoner,lnc. and Carter and Associates, Joint Venture, in the amount of $23,756.99 for the three contracts as outlined in letter from the joint venture. K. Gifford Park - Field Lighting - Final Payment The Board reviewed memo from County Engineer Ralph Brescia: _ TO: THE HONORABLE MEMBERS OF DATE: June 1.6 , 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT: Gifford Park Baseball/Softball Field Lighting, Final Payment FROM: Ralph N. Brescia, P.E. REFERENCES: County Engineer DESCRIPTION AND CONDITIONS The C.R. Dunn, Inc. Electrical Construction Company of West Palm Beach, Florida has completed the construction of the above project and is requesting final payment of $14,470.98. Inspection by the County Engineer and the Parks and Recreation Staff indicated that the ballfield lighting has been constructed in accordance with contract documents. RECOMMENDATION & FUNDING It is recommended that final payment be made to the Contractor. Funding is from Account #102-210-572-066.39. ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved final payment to C. R. Dunn, Inc., Electrical Con- struction Company of West Palm Beach in the amount of $14,470.98 for the Gifford Park Baseball/Softball Field lighting as recommended by staff. 11 BOCK �� JUN 2 3 1987 JUN 2 3 1987 L. Routine Release of County Utility Liens BOOK 68 PACE 606 The Board reviewed memo of County Attorney Vitunac: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: June 16, 1987 RE: CONSENT AGENDA - BCC MEETING 6/23/87 ROUTINE RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: (1) Partial Release of Lien - Map 14 State Road 60 sewer/Release 1 ERU Paid by PLANNED DEVELOPMENT CORP. DAVIS (1916 Sixty Oaks Lane) (2) Partial Release of Lien - Map 41 State 'load 60 Sewer/Release 1 ERU Paid by REALCOR OF VERO BEACH Unit 250 of COUNTRYSIDE SOUTH (3) Partial Release of Lien - Map 41 State Road 60 Sewer/Release 1 ERU Paid by REALCOR OF VERO BEACH Unit 253 of COUNTRYSIDE SOUTH (4) Partial Release of Lien - Map 41 State Road 60 Sewer/Release 1 ERU Paid by REALCOR OF VERO BEACH Unit 41 of COUNTRYSIDE SOUTH =- (5) Partial Release of Lien - Map 41 State Road 60 Sewer/Release 1 ERU Paid by.REALCOR OF VERO BEACH Unit 71 of COUNTRYSIDE SOUTH (6) Partial Release of Lien - Map 41 State Road 60 Sewer/Release 1 ERU Paid by REALCOR OF VERO BEACH Unit 58 of COUNTRYSIDE SOUTH (7) Partial Release of Lien - Map 41 State Road 60 Sewer/Release 1 ERU Paid by REALCOR OF VERO BEACH Unit 79 of COUNTRYSIDE SOUTH The back-up information for the above releases is on file in the County Attorney's Office. 12 ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved Partial Release of Lien (SR60 Sewer) for the parcels listed above and authorized the signature of the Chairman. COPIES OF SAID RELEASES ARE ON FILE IN OFFICE OF CLERK TO THE BOARD. M. Release of Lien - Highland Motel Demolition Lien The Board reviewed memo of Assistant County Attorney Bruce TO: The Board of County Commissioners DATE: June 12, 1987 SUBJECT: Release of Lien - Highland Motel Demolition Lien FROM: Bruce Barkett Assistant Cou ty Attorney On .June 11, 1987 Sebastian General Partnership paid off a $13,740.98 lien held by the County against its property since April 8, 1983 for demolition costs of the Highland Motel. Therefore, please approve the attached Release of Lien so that the encumbrance on the property can be removed. BBlnhm Attachments: Claim of Lien Receipt of certified funds Release of Lien * These items are available for review at the Office of the Board of County Commissioners. ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved Release of Lien held for demolition and removal costs of the Highlands Motel and pool, as recom- mended by staff. JUN 2 3 1987 13 aOOK JUN 2 S 1987 BOOK 68 PdvE 608 RELEASE OF LIEN For and in consideration of the sum of $13,740.98 RECEIVED from Charles A. Fenner, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA (the "County") hereby releases the property hereinafter described from a certain Claim of Lien recorded by the County in its Official Records, Book 0661, Page 505, in the amount of $9,150.20, for demolition and removal costs of an unsafe and hazardous structure known as the Highlands Motel and Pool, said lien levied in accordance with the provisions of Chapter 4 of the Code of Laws and Ordinances of Indian River County, Florida; and the County hereby declares such lien fully satisfied. The property, located in Indian River County, is more fully described as follows: Beginning at the Northeast corner of that part of the South one-half of the Southeast quarter of the Northwest quarter, lying East of the right-of-way of Florida East Coast Railway, and West of the public road, in Section 17, Township 31 South, Range 39 East, said point of beginning being also the intersection of the north line of the following described tract with the southwesterly right-of-way line of U. S. Highway No. 1; from said point of beg -inning run thence West (South 891 28' West) along the North line of said tract for a distance of 806.9 feet to an iron pipe on the Northeasterly right-of-way line of the Florida East Coast Railway, thence run Southeasterly along the Northeasterly line of said right-of-way for a distance of 359.48 feet to an iron pipe; thence East (North 890 28' East) for a distance of 836.8 feet to an iron pipe on the Southwesterly right-of-way line of U. S. Highway No. 1; thence run Northwesterly along the said right-of-way line for a distance of 372 feet to an iron pipe and the point of beginning. Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board, all as of this 23rd day of June 11 1987. Attested and countersigned BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: �� 1 �. C; BY : / -F---Ada Wrighton . Scurlock, Jr C erk Chairman 14 N. Releases of Assessment Liens The Board reviewed memo of Assistant County Attorney Bruce Barkett: TO: The Board of County Commissioners DATE: June 11, 1987 SUBJECT: Releases of Assessment Lien 1. Louis A. and Phyliss J. Landry Lot 11, Block J, Indian River Heights (10th Court between 2nd Street and 4th Street) 2. Shirley T. Jones Lots 11 and 12, Block C, Clemann Estates (38th Avenue between 4th Street and 6th Street) 3. Howard and Virginia Pautzke Lot 7, Block B, Bonny Vista Acres (15th Avenue between 2nd Street and 4th Street) FROM: Bruce Barket 4 Assistant County Attorney _ There are pending assessment liens for paving and drainage improvements on the above -referenced properties which the Tax Collector's rolls indicate have been paid; however no releases have been provided. Therefore, please approve the attached Releases of Assessment Lien so that the encumbrance on each property can be removed. BB/nhm ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved Release of Assessment Liens as listed above and as recommended by staff. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. JUN 2 3 IS87 15 BOOK 68 F,acr �� r JUN 2 3 1987 BOOK 6 8 F,° IE 610 O. Proclamation - National Beach Safety Week P R O C L A M A T I O N WHEREAS, over 400 swimmers drown each year in the State of Florida, leaving many grieving loved ones; and WHEREAS, the UNITED STATES LIFESAVING ASSOCIATION hopes to call the public's attention to water safety measures that may help lower the drowning rate for our counties; and WHEREAS, the UNITED STATES LIFESAVING ASSOCIATION and its membership of open water professional lifeguards want to alert the swimming public to the following safety tips when entering large bodies of open water: 1. Swim parallel to shore when swimming long distances 2. Know your limits; do not rely on flotation devices 3. Ask about rip currents and dangerous marine life 4. Avoid foolish diving in shallow water and off piers and jetties 5. Keep glass off the beach 6. Drinking, drugs and swimming do not mix 7. Swimming alone is dangerous; share the fun with a friend; and WHEREAS, the UNITED STATES LIFESAVING ASSOCIATION CHAPTERS from coast to coast urge you to SWIM SAFELY - SWIM NEAR A LIFEGUARD; NOW, THEREFORE, BE IT 'PROCLAIMED that the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA does hereby designate the week of July 1 - July 7, 1987 as NATIONAL BEACH SAFETY WEEK in Indian River County, and urges all citizens to become more aware of water safety measures that may save lives and lower the drowning rate in Indian River County. Adopted this 23rd day of June, 1987. 16 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA " �� G Z � /r" W� DON C. SCURLOCK, JR CHAIRMAN U/ 1; P. Hazardous Waste Collection Center Grant - DER The Board reviewed memo from H. T. Dean, Manager, Solid _ Waste Management: TO: BOARD OF COUNTY COMMISSIONERS DATE: JUNE 17, 1987 VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES FROM.: H. T. DEA% MANAGER, S LID ASTE MANAGEMENT DIVISION OF UT LITY SERVICES SUBJECT: LOCAL HAZARDOUS WASTE COLLECTION CENTER $50,000 GRANT FROM DEPARTMENT OF ENVIRONMENTAL REGULATION The Florida Legislature appropriated monies and the Department of Environmental Regulation solicited applicants for the subject grant. There are two types of local facilities that could be constructed with these funds, one being a large center that would collect all types of hazardous waste from any source. This type of facility would require special permitting and highly trained personnel, with enormous construction and operational costs. The other center is designated for the small unpermitted generator and household type hazardous waste with relatively small construction cost and no DER permit. We have had several inquires by citizens as to where they could deliver their hazardous waste products. The majority of these calls have come from homeowners and the small generators. At the present time, Indian River County does not provide facilities for collecting or disposing of any type of waste. However, we are receiving the materials in our refuse stations where illegal dumping has occurred. Continuing with the present scenario, we have no control on any type of hazardous waste dumping. Based on the above, the Department of Solid Waste Management made application for a $50,000 grant to assist in construction of a small Hazardous Waste Collection Center. The center would be located at the Indian River County Sanitary Landfill and would not require a DER permit. Plans call for a 22 - 1/2' x 22 - 1/2' specially constructed slab with a DER approved modular storage building. It is anticipated that the facility would be open approximately two days per month and personnel now "on board" would be trained and utilized for operations. Attached is a draft for a contract with DER which they prepared. Also, a copy of the application with budget is submitted for your persual. This writer has met with DER and has been informed that Indian River County is on the award list for $50,000 if the Board of County Commissioners approve the concept and signs the contract when received. The grant application period will expire June 30, 1987 and our Legislature did not appropriate funds to continue beyond this calendar, year. In order to receive reimbursement for initial expenditure up. to $50,000, we must provide DER with invoices by December 1, 1987. Staff recommends Board of County received. Board approval and authorizes the Chairman of the Commissioners to execute the contract with DER when JUJU 2 3 1987 17 "S:;, _ JUN 2 3 1987 BOOK 68 F',�GE 612 ON MOTION BY Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved contract with the DER for funding establishment of a Local Hazardous Waste Collection Center and authorized signature of the Chairman. SAID CONTRACT IS ON FILE IN OFFICE OF CLERK TO THE BOARD. PUBLIC HEARING__ WATER & SEWER RATES (RIVERWALK UTILITIES,_ INC.) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a V c+ilce in the matter of &UQr`walk 0+•' 1-+i*Cs In the lished in said newspaper in the issues of Court, was pub- 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. NOTICE OF PUBLIC NEARING Notice Is hereby given that the Board of County Commissioners of Indian River County, will hold a public hearing in the Commission Room, In- dian River County Administration Building, 1840 25th Street Vero Beach, FL 32960, on Tuesday. the 23rd day of June, 1987, at 9:05 A.M., to con- sider the request of Riverwalk Utilities, Inc., for the establishment of water and sewer rates as follows: Proposed Rates - Water Service A. Monthly Service Charges (Base Charges, No Consump tion Allowance) 1. Customer Charge - $1.92/meter 2. Base Facility Charge $5.66/ERV B. Consumption Charge - $2.10/1,000 GAL •Proposed Rates - Sewer Service ' A. Monthly Service Charges (Bass Charges, No Comwmp- tion Allowance) 1. Customer Charge - $1.95/meter 2 Base FacUiry Charge - '3+ B. Consumption Charge - $3.03/1,000. GAL: All interested parties will be heard ! Dated this 5th day of June, 1987. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA - ,w , Don C Scurlock Jr., Chairman June 6.8,9,1987: �,• .. ,, . ►':;iY^ Sworn to and subscribed before me this lay of c n r A.D._L.[_. - uslness Manager) "k�cp (Clerk of the eircL it Cou .Fftdian River County, Florida) (SEAQ Franchise Manager Lisa Abernethy reviewed the following: 4 18 3: DATE: JUNE 12, 1987 TO: BOARD OF COUNTY COWESI2ICES RS THRU: TERRANCE G. rINTO DIRECTOR OF UTILIT FROM: LISA M. ABERNETHY FRANCHISE MANAGE SUBJECT: ESTABLISHMENT OF WATER AND SEWER RATES FOR RIVERWALK UTILITIES, INC. Riverwalk Utilities, Inc., has been billing each tenant using a pro rata structure based on the total quarterly operating expenses. Riverwalk Utilities, Inc., has requested the approval to install individual meters for the tenants. With the installation of these meters, utility rates must be established. RECOMMENDATION The Utility Services Department has reviewed Riverwalk's request and recommends the the Board of County Commissioners establish the following rates through a resolution which will amend Resolution 85-17: WATER SERVICE Customer Charge ................................ $1.92/meter Base Facility Charge ........................... 5.66/ERU Consumption Charge ............................. 2.10/1,000 GAL SEWER CHARGE Customer Charge ................................ $1.95/meter Base Facility Charge ........................... 1.62/ERU Consumption Charge ............................. 3.03/1,000 GAL These rates shall become effective with the next billing cycle of July 1, 1987. The Chairman asked if anyone present wished to be heard. There were none, and the Chairman declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously adopted Resolu- tion 87-57 authorizing rates for Riverwalk Utilities, Inc., water and wastewater system franchise. L- JU`'_ 2 3. 198" 19 BOOK 68 F'Alt 61u JUN 2 3 1987 Boob( 6 f'�i:�r 61 RESOLUTION NO. 87- 57 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 85-17, AS AMENDED BY RESOLUTIONS 86-105, AND 86-106, WHICH NEW AMENDMENT WILL AUTHORIZES RATES FOR RIVERWALK UTILITIES, INC., WATER AND WASTEWATER SYSTEM FRANCHISE. "*WHEREAS, Riverwalk Utilities, Inc., notified the County Utilities Department in writing, as required by Resolution 85-17, Section XX, requesting the establishment of rates for the franchise, and submitted justification; and WHEREAS, the Utility Services Department has reviewed Riverwalk's request and recommends that the following rates be established: WATER SERVICE Customer Charge.........................$1.92/meter Base Facility Charge .................... 5.66/ERU Consumption Charge.......' ............... 2.10/1,000 GAL SEWER SERVICE Customer Charge.........................$1.95/meter Base Facility Charge .................... 1.62/ERU Consumption Charge ...................... 3.03/1,000 GAL NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that effective July 1, 1987, that Riverwalk Utilities is authorized to place in effect the rates as outlined above: The foregoing resolution was offered by Commissioner 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. Ay_ Vice -Chairman Margaret C. Bowman A)e Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Ay_ Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of June, 1987. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By, e G XJA Don C. S urlock, J . Chairman 20 REZONING 8.27 ACRES S. OF SR60, W. OF 79TH AVE., (P. REID, JR.) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed bef a me is day of� A.D. YSusiness Manager) LL� •%� i/tl1�r � (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) "" ,"NOTICE — PUBLIC HEARING Notice of hearing to consider the adoption a County ordinance rezoning land from: A-1, Agricuidenitural District to RM -6, MuMple-Famt R.tial District. The property is presen owned by Phillip H. Reid, Jr., trustee, and Is Io - sated approximately 600' south of S.R. 60, and -7 west of 70th Avenue. The subject property Is described as: - The south 737.58 feet of the west 10 acres and the south 736.81 feet of the west 5 acres of the east 10 acres of the west 20 acres of Tract 11, Section 1, Township 33 South, Range 38 East, ac- cording to the last general plat of lands of the Indian River Farms Company Sub- division filed In Plat Book 2, Page 25, Public Records of St. Lucle County, Flor- ida; said lands now lying and being In In - than River County, Florida. ,y A public hearing at which parties in Interest' and citizens shall have an opportunity to bel heard, will be held by the Board of County Co missioners of Indian River County, Florida, In th County Commission Chambers of the County; Administration Building, located at 1840 25* Street, Vero Beach, Florida, on Tuesday, June, 23,1987, at g:05 a.m. . The Board of County Commissioners grant a less Intense zoning district than the dls-I trict requested provided it Is within the same use category. . Anyone who may wish to appeal arty, decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which Includes testimony and evidence upon which the appeal Is based. Indian River County Board of Cou* Commissioners y :By -s -Don C Scurlock Jr Chairman June 3,1987: M Staff Planner David Nearing made the following presentation: 21 BOOT; 8 f'.�Ij r 6 1 151 J�� 197 JUN 2 3 1987BOOK 8 F'K F 616' TO: The Honorable Members DATE: June 10, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: ' SUBJECT: REID REQUEST TO REZONE Robert M. Keat ng, CP 8.27 ACRES FROM A-1, Planning & De eloprh nt Director AGRICULTURAL DISTRICT, TO RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT FROM: David Nearing 06"or REFERENCES: Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 23, 1987. DESCRIPTION & CONDITIONS Bennett L. Rabin, an agent for Phillip H. Reid, Jr., trustee, is requesting to rezone 8.27 acres located south of State Road 60 and west of 79th Avenue from A-1, Agricultural District (up to 1 unit/5 acres) , to RM -6, Multiple -Family Residential District (up to 6 units/acre). The subject property is part of a 15 acre tract which contains 6.73 acres zoned RM -6 and 8.27 acres zoned A-1. The applicants intend to develop this property for multiple -family residences. On May 14, 1983, the Planning and Zoning Commission voted 4-0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The .subject property is undeveloped. North of the subject property is undeveloped land zoned RM -6. East of the subject property is the Citrus League office zoned A-1. Further east is a single-family subdivision zoned RS -6, Single -Family Residential District (up to 6 units/acre). South of the subject property is a citrus grove zoned A-1. West of the subject property is undeveloped land zoned A-1 and RM -6. Further west is the First Union bank facilities zoned CL, Limited Commercial District. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as MD -1, Medium -Density Residential 1 (up to 8 units/acre). The 650 acre I-95 and State Road 60 commercial/industrial node is located 300 feet west of the subject property. The proposed RM -6 zoning is in conformance with the MD -1 land use designation and is consistent with the RM -6 zoning to the north. Transportation System The subject property has access to State Road 60 (classified as an arterial street on the Thoroughfare Plan). The maximum development of the subject property under RM -6 zoning could generate up to 354 average annual daily trips. 22 3 Environment The subject property is not designated as environmentally _ sensitive nor is it in a flood -prone area. Utilities There is a County watermain and a:wastewatermain on State Road 60. The County has water capacity available. County wastewater capacity is not currently available. RECOMMENDATION Based on the above analysis, staff recommends approval. The Chairman asked if anyone present wished to be heard. Attorney Sam Block came before the Board representing the applicant just to advise that they support staff's recommenda- tion and are available to answer any questions. - It was determined that no one further wished to be heard, and the Chairman declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Ordinance 87-43 rezoning 8.27 acres south of SR60 and west of 79th Avenue from A-1 to RM -6 as re- quested by Phillip H. Reid, Jr., trustee. 23 BOOK f a; d JUN 2 3 1987 r JUN 2 3 1987 BOOK 68 PAGE 618 7 ORDINANCE NO. 87- 43 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. - WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined. that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: The south 737.59 feet of the west 10 acres and the south 736.81 feet of the west 5 acres of the east 10 acres of the west 20 acres of Tract 11, Section 1, Township 33 South, Range 38 East, according to the last general plat of lands of the Indian River Farms Company Subdivision filed in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Be changed from A-1, Agricultural District to RM -6, Multiple -Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 23rd of June , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY day By �—C' Don C. Scu lock, jr hairman 24 _ r -- REZONING 7.8 ACRES TO RFD N. OF 5TH ST. S.W. (COBB/PIOWATY) 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: - I VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was pub- lished in said newspaper in the issues of Aew Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before a this day of� A.D. _- _ l�f (SEAL) (Clerk of the Circuit (Business Manager) Indian River County, Florida) ' ' "r'' NOTICE PUBLIC HEARING ' Notice of hearing to consider the adoption of a County ordinance rezoning land from: A-1, Agricultural District to RFD, Rural F Devel- opment District Thesubject property is pre- sently owned by Terry C. and Susan Cobb and James W. and Deporah Piowaty and is located west of 58th Avenue (Kings Highway) and the north side of 5th Street S.W. The Subject property is described as: _ The north 870.58 feet of the south 700.56 feet of the east 169.5 feet of the r. west 889.0 feet of Tract S. Section 20, ;'.Township 33 South. Range 39 East; to- ` gather with the north 670.56 feet of the south 700.56 feet of the east 165.0 feet of the west 834.0 feet of tract 8, Section .20, Township 33 South, Range 39 East; together with the north 670.56 feet of the south 700.56 feet of the east 169.5 feet of the west 499.5 feet of Tract 8, Section 20, Township 33 South, Range 39 East according to the last general plat of land of the Indian River Farms Company, as recorded in plat book 2, page 25, St. - Lucie County, Florida. All lands lying and being in Indian River County, Flor- ida. A public hearing at which parties iri `1ntereal, and citizens shall have an opportunity to be, heard, will be held by the Board of County Com-( missioners of Indian River County, Florida, in they County Commission Chambers of the •Courriyi Administration Building, located at 1840 25M Street, Vero Beach, Florida, on Tuesday, Jun 23,1987, at 9:05 am. Anyone who may wish to appeal any declailor which may be made at this meeting will neer tc ensure that a verbatim record of the proceedIM Is made which includes testimony and eviden upon which the appeal Is based. Indian River County Board of County Commissioners By -s -Don C. Scurlock, Jr., Chairman June 3,1987 Staff Planner David Nearing made the following presentation: JUiV 25 23 197 • Boa`�"�L�� L JUN 2 1987 BOOK 68 [,,�,UE 6 0, TO: The Honorable Members DATE: June 10, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: COBB/PIOWATY REQUEST Robert M. Kea ng CP TO REZONE 7.8 ACRES FROM Planning & De elolptent Director A-1, AGRICULTURAL DISTRICT TO RFD, RURAL FRINGE DEVELOPMENT DIST- RICT FROM: David C. Nearing t0d REFERENCES: Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 23, 1987. DESCRIPTION & CONDITIONS Mr. & Mrs. Terry Cobb and Mr. & Mrs. James Piowaty have initiated a request to rezone 7.8 acres, consisting of three individual lots, from A-1, Agricultural District (up to 1 unit/5 acres) to RFD, Rural Fringe Development District (up to 1 unit/2.5 acres). The three contiguous lots are situated on the north side of 5th Street S.W. (Rebel Road) approximately 400 feet west of 58th Avenue. The applicants intend to develop the lots for single-family housing. On May 14, 1987, the Planning and Zoning Commission voted 4-0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject parcels are currently undeveloped. East of the subject parcels is a plant nursery and green house zoned A-1; to the west is a day care center zoned A-1. To the north is undeveloped land zoned A -Land south across 5th Street S.W. are groves zoned A-1. Currently the three lots are nonconforming parcels as they lack the necessary 5 acre minimum parcel size as required by A-1 district regulations. Future Land Use Pattern The Comprehensive Plan designates the subject parcels and the area north, east and south as. RR -1, Rural Residential District _ (allowing up to 1 unit/2.5 acres). The RR -1 district extends an additional one mile west, after which the designation changes to AG, Agricultural District (allowing up to 1 unit/5 acres). This area is largely undeveloped at present; however, staff has been informed that a church is proposed for the 20 acres immediately north of the subject property. The proposed church and the other uses in the area indicate that a transition from agricultural to dural uses is occuring in the area. Given that trend for the s 26 area, the proposed rezoning would not be considered inconsistent _ with the surrounding zoning and land uses and would be consistent with the comprehensive plan. The proposed rezoning would also - bring the three lots into conformance with the RFD zoning regulations. Transportation Svstem The subject parcels each have frontage on 5th Street S.W., classified as a secondary collector on the County Thoroughfare Plan. Even though this portion of 5th Street S.W. is currently unpaved, the addition of three new single-family homes should have no adverse impact on the level of service or road conditions for this area, especially due to the close proximity with 58th Avenue which is paved. _ Environment - The subject parcels are not considered environmentally sensitive, nor are they located in a flood prone area. Utilities No public utilities currently exist in this area. RECOMMENDATION Based on the analysis performed above, staff recommends approval. The Chairman asked if anyone present wished to be heard. There were none, and the Chairman thereupon declared the public hearing closed. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously adopted Ordinance 87-44 rezoning 7.8 acres located on the north side of 5th St. S.W. (Rebel Rd.) from A-1 to RFD as requested by Cobb/Piowaty. 27 &Ga 66 F," 69,1 JUN J 1987 r JUN 23 1987 BOOK 68 PAGE 62 ORDINANCE NO. 87-44 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the.hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: The north '670.56 feet of the south 700.56 feet of the east 169.5 feet of the west 669.0 feet of Tract 8, Section 20, Township 33 South, Range 39 East; together with the north 670.56 feet of the south 700.56 feet of the east 165.0 feet of the west 834.0 feet of Tract 8, Section 20, Township 33 South, Range 39 East; together with the north 670.56 feet of the south 700.56 feet of the east 169.5 feet of the west 499.5 feet of Tract 8, Section 20, Township 33 South, Range 39 East, according to the last general plat of land of the Indian River Farms Company, as recorded in plat book 2, page 25, St. Lucie County, Florida. All lands lying and being in Indian River County, Florida. Be changed from A-1, Agricultural District to RFD, Rural Fringe Development District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 23rd day of June , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By / G Don C. Scu ock,;Jr.,, h irman PUBLIC HEARING - AMENDING ZONING CODE IL DISTRICT RE RUBBER AND PLASTICS MISC. PRODUCTS 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 . NOTICE OF PUBLIC HFARINO . _5, �l TO CONSIDER THE ORDINANCE COUNTY OF INDIAN RIVER: NOTICE IS HEREBYUIVEN tNTY at the Bord of STATE OF FLORIDA County Commissioners of Indian River County, Florida, shall hold a public hearing at which par- - - Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath ties in interest and citizens shall have anoppor- tunity to be heard, In the County Commission says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Chambers of the County ration at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being L, Vero , Flld: Ing, located- at 1840 25th St., Vero Beach, Flor- Ida, on Tuesday, June 23, 1987, at 9:05 a.m. to consider the adoption of an ordinance entitled: AN OF INDIAN ER EC- a COUNTY,I FLORIDA, AMENDING SEC- TION (O IL LIGHT INDUSTRIAL ` DISTRICT OF APPENDIX' A OF THE �f'// in the matter of -G �%( �:.�c CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PROVIDING FOR ESTABLISHING RUB- BER AND PLASTICS FOOTWEAR, RUB- BER AND PLASTICS HOSE AND BELT- ING, AND MISCELLANEOUS PLASTICS PRODUCTS AS PERMITTED USES; AND in the Court, was pub- PROVIDING FOR REPEAL OF CON- FLICTING PROVISIONS, CODIFICA- TION. SEVERABILITY, AND EFFECTIVE p 7 DATE. lished in said newspaper in the issues of ��� , A Co of the proposed ordinance Is avatlabl Inning on the second at the Department office floor of the County Administration Building Anyone who may wish to appeal enq decision to which may be made at this meeting will need ensure that a verbatim record of the proceeding Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Is made, which Includes testimony and evlden Vero Beach, in said Indian River County, and that the said newspaper has heretofore upon which the appeal is based. ver County I been continuously published in said Indian River County, Florida, weekly and has been entered oardOdian county Co opera Bo-s-DonCunty Cock. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Jr. B ..-s-Don C Scurlock, Jr. for a period of one year next preceeding the first publication of the attached copy of adver- Chairman tisement; and affiant further says that he has neither paid nor promised any person, firm or June3,1987. 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 befare mqAhis day of A.D. f 0JA^(Business Manager) 4 JL_41�j (Clerk of the Circuit Co rt, Indian River County, Florida) (SEAL) Staff Planner David Nearing made the following presentation: ,JUN 2 3 197 29 BOOS leo �,1UL 623 'JUN 23 1987 BOOK 6 P WH 624 TO: The Honorable Members DATE: June 10, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: COUNTY -INITIATED REQUEST Obert M. Kea ing � ICP TO AMEND THE IL ZONING Planning & D el ent Director DISTRICT TO ALLOW SELECTED PLASTICS AND RUBBER PRODUCTS FROM: David C. NearingREFERENCES: Rubber & Plastic Memo Staff Planner W0" TK It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 23, 1987. DESCRIPTION & CONDITIONS The Planning staff is initiating a request to amend the IL, Light Industrial District to allow the manufacturing of selected rubber and miscellaneous plastics products. Currently businesses involved in the production of rubber and miscellaneous plastics products are only permitted within the IG, General Industrial District. However, the staff has been in contact with an existing firm that wishes to incorporate a plastic injection molding system within its facility, which is located in the IL District. Several other inquiries as to the possibility of locating similar uses within areas zoned IL have also been made of the staff. Based on the amount of interest in this type of manufacturing, staff examined the category of rubber and plastics manufacturing for compatibility with the IL District. On June 11, 1987, the Planning and Zoning Commission voted to recommend the adoption of this amendment. ALTERNATIVES & ANALYSIS In its examination of the category of use known as rubber and miscellaneous plastics products, staff examined the process of production and compared this with other uses permitted within the IL District. It was found that three specific subcategories of the use would be compatible with the IL district. These categories would not permit the manufacturing and refining of rubber or plastic, but would permit the production of products which utilize refined rubber and plastic as a material ingredient in the final product. Staff performed an analysis of all uses listed under the major heading of "Rubber And Miscellaneous Plastics Products". The attached matrix shows the outcome of this analysis. In analyzing this issue, subheadings of the major category were compared against the possible adverse characteristics which could ocurr as a result of this type of manufacturing. Also measured was the possibility of visual pollution such as smoke, steam, the need for large ventilation or smoke stacks. Additionally, staff examined the minimum size facility which could be required for each use. Though the size of the facility is not necessarily a detrimental factor, it should be considered when looking at uses to be permitted in the IL vs. IG district. Most residential districts are more separated from IG districts than from IL districts. Therefore, a use which could require a larger facility with more activities such as traffic, or on site movement (i.e. moving of equipment or materials, on-site traffic, etc...) would be less desirable in close proximity to residential areas. `¢ 30 The processes used in the proposed categories would not generate adverse glare, noise, or odor. The generation of heat, which may be required, should cause no adverse impact on surrounding properties as all production would occur indoors, and the buffering and screening requirements of the IL district would add additional protection to residential uses. The uses proposed in this amendment would also be consistent with the County's policy of -promoting the location of clean industry within -the County. Staff feels that the proposed uses, more specifically, rubber and plastics footwear, rubber and plastic hose and belting, and miscellaneous plastics products (which includes injection molding), would be consistent with the spirit and intent of the IL district. The inclusion of the proposed uses would further add a. new area of employment for the County, especially in light of the fact that more industrial land is currently zoned IL than that zoned IG. RECOMMENDATION Based on the analysis performed, staff recommends that .the -. Board of County Commissioners approve the attached ordinance. Commissioner Eggert wished to know if staff is satisfied that noise, odor, pollution, etc., will not be a problem, and Planner Nearing advised that there is a firm of -this type (hose and belt manufacturing) out near 98th Avenue, and from the outside of the building, you would not know what is going on. The Chairman asked if anyone present wished to be heard. There were none, and the Chairman declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Ordinance 87-45 establishing various rubber and plastic products as permitted uses in the IL, Light Industrial District. 3, JUN 2a 1987 BOOK. f'E 6 5 r JUN 2 3 1987 ORDINANCE NO. 87- 45 BOOK 68 PAGE 626 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 21(A). IL, LIGHT INDUSTRIAL DISTRICT OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PROVIDING FOR ESTABLISHING RUBBER AND PLASTICS FOOTWEAR, RUBBER AND PLASTICS HOSE AND BELTING, AND MISCELLANEOUS PLASTICS PRODUCTS AS PERMITTED USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED.by the Board of County Commissioners of Indian _ River County, Florida, that: SECTION 1 Section 21(A).(b) (5) is hereby amended as follows: Section 21(A). IL, Light Industrial District. (b). Permitted Uses (5) Industrial Uses: a. Apparel and other fabric products. b. Chemical and allied products: drugs and similar pharmaceutical supplies. c. Electrical and electronic equipment manufacturing. d. Food and beverage products: Dairy products, Bakery products, Bottled and canned soft drinks and carbonated waters, Candy and other confectionery products, Flavoring extracts and syrups. .e. Furniture and wooden fixture manufacturing. f. Measuring, analyzing and controlling instruments. g. -.Printing and publishing industries. h. Textile mill products. i. Leather and leather products. j. Stone, clay, glass and concrete products: Concrete products, Gypsumproducts, YP Minerals and earths, ground or otherwise treated k. Rubber and miscellaneous plastics products: Rubber and plastics footwear, Rubber and plastics hose and belting,_ Miscellaneous plastics products. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board - of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed CODING: Words in OftAOXE ftjtA type are deletions from existing law. Words underlined are additions. 32 to the extent of such conflict. All Special Acts of the legisla- ture applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish . such intentions. SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legis- lative intent to pass this ordinance without such unconstitu- tional, invalid or inoperative part. EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknow- ledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 23rd day of June 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Don C. Sc rlock, J . Chairma ATTEST BY: JUN 23 19 7 33 BOOK 6 rk,U 6:f7 JUN 23 1987 BGGK 68 DISCUSSION RE ANNEXATION OF SOUTH BEACH AREA INTO CITY OF VERO BEACH Administrator Balczun referred the Board to the following Memo from the County Attorney and advised that this matter was placed on the agenda based solely on the letter from Mr. Oliver of Castaway Cove urging the Board to support the proposed annexation. Staff has not done an analysis nor taken a position. TO: Board of County Commissioners :t7 FROM: Charles P. Vitunac, County Attorney DATE: June 17, 1987 RE: AGENDA - BCC MEETING 6/23/87 COUNTY ATTORNEY'S MATTERS ANNEXATION OF SOUTH BEACH Because of the legal issues involved, the County Administrator has asked me to place the attached letter from the City of Vero Beach on the agenda for Board direction. As the letter from City Manager John' Little says, a referendum to consider the issue of annexation of the barrier island land into the City of Vero Beach cannot be held until the owners of more than 500 of the acreage in the area to be annexed agree to the holding of the referendum. Although Indian River County would not be able to vote in the referendum election, the County has the power to consent to the referendum for the 91 acres which the County owns, and if other owners likewise consent so that more than 50% of the acreage on the island consents to a referendum then the referendum will be held. We respectfully request direction from the Board. City of Vero Beach 1053-201h PLACE - P. 0. BOX 1389 VERO BEACH, FLORIDA - 32960 Telephone: 567-5151 OFFICE Or THE CITY MANAGER June 10, 1987 _ Charles Balczun County Administrator Indian River County Administration Building 1840 25th Street Vero Beach, Florida 32960 Dear Charles: The City of Vero Beach has been asked by several property owners associations to undertake annexation proceedings for the land in the South Beach unincorporated area of Indian River County. This area would extend from the South City limits on the beach to the South County line on the beach. 34 Inasmuch as more than 70 per cent of the land in the area proposed to be annexed is owned by legal entities which are not electors of such area, it is required by Section 171.0413(5) Florida Statutes that the owners of more than 50 per cent of the land in such area, "consent to such annexation" prior to the referendum to be held on the annexation. Indian River County is a large landowner in the area subject to annexation, pri- marily, Round Island Park which is approximately 91 acres. Accordingly, the City respectfully requests that you inform us if you are willing to give your "consent to such annexation". A "Consent Form" will be sent to all property owners, in- cluding the County, in the area to be annexed after the annexation report is pre- pared. Such consent is merely a condition precedent to an annexation referendum which would put the question to the electors of the City and the electors of the area to be annexed. A separate majority for each group is necessary to accomplish annexation. Should the County prefer not to consent to annexation, the City could adjust the area to be annexed so as to terminate the annexation at the North bound- ary of Round Island. Your early consideration of this matter will be appreciated. I would appreciate the matter being placed before the Board on the next available agenda. Very truly ours, r J. V. Litt e City Manager, Box 3726, Beach Station Vero Beach, FL 32964 1 Jame 1987 Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 Dear Cows sinners , Representatives of Castaway Cove, Wave I, Floralton Beach and the Moorings Property Owners Association, in concert with other South Beach property owners, are actively pursuing annexation of the South Beach area (from the south county line to the south city line) into the City of Vero Beach. We believe that annexation of this area will have several benefits. The major and most important benefit to the County and to the South Beach residents will be that better police protection will be provided by the City, with response time designed for two minutes or less under normal circumstances. This has the advantage to the County of relieving the sheriff of responsibility for patrolling an area which is widely separated from the other unincorporated areas of the County. As you are aware, there have been robberies in the South Beach area where the perpetrators originated out of St Lucie County. The frequency of such incidents is likely to increase with the crack cocaine epider_zic. Other benefits which would accrue to our residents from annexation relate to utility services. The City of Vero Beach now provides electric, water and sewer service to us. We pay the City an out -of -city surcharge of 10% on sewer service -and a gross County fee of 690 (in lieu of franchise fee) on our utility bills. As City residents we would not have to pay the sewer surcharge or the 690 County fee. Likewise, for curbside garbage service we now pay Rural Sanitation $11.48 a month. The City charges its residents only S9.00 a month for back -door pick-up service. JU 1987 3 5 BOOK b AGE 6'� r JUN 2'3 1987 BOCK 68 �,Au,c 630 In scan, we feel the County has a difficult job providing services to the South Beach area and it would be preferable to have the City govern the area since it is already providing rmst mmicipal services. We therefore respectfully request that the Board of County Commissioners adopt a resolution supporting the annexation of the South Beach area into the City of Vero Beach as being in the best interests of the area residents as well as the County. For Castaway Cove, Wave I, P.O.A. For Floralton Beach, P.O.A. For Moorings P.O.A. F.BENK. COCKLEY,/President Commissioner Eggert assumed that if any property belonging to the county were to be annexed that the zoning would not be changed; i.e., there would be no trouble keeping a park a park. City Planning Director Walter Young assured the Commission that the City has no intention of changing any of the major land use categories, and they would intend to retain the identity of Round Island Park as a park facility. Commissioner Bird asked if we can work it out that the county could continue to maintain and operate Round Island Park if they chose to or must it be operated by the City. Mr. Young did not know just what the conditions would be as far as who would operate it. If the county wanted to have the enclave, of course, that is up to the wishes of the County Commission. Discussion continued re the park, and Commissioner Wheeler felt possibly we could have an arrangement where the City could run the park on a leased basis. He believed they do an outstanding job with their parks. Commissioner Bird agreed that they do, but he noted that area is a tremendous amenity to the county. He felt most people don't even realize that on the river side, we have a really unique piece of property with an island, a deep water harbor, and a deep channel that goes all the way out to the IntraCoastal Waterway. He believed it is the only such place in the 36 s unincorporated area on the entire barrier island and felt this is something the county should be very protective of to be sure it remains available to the public and is developed in a proper way. Mr. Young did not feel there is any reason to believe there would be a divorce between the City and the County re the maintenance or continuation of the park. The City is just looking for an indication as to whether the county would be comfortable if that entire area were annexed, and if so, what conditions they would want put on it for the purpose of annexa- tion, if any. Chairman Scurlock felt our prime concern is that the amenity remains available to the general public on a reasonable basis. County Attorney Vitunac stated that the mere fact of annexa- tion does not change who owns the property or who has the right to operate it. What does change is that the park then would come under the City Park Code instead of the county's. In a situation such as this, however, the law balances the public interests and would give strong weight to the county's desire to run a park there. If in the future, the City decided to try to shut the park down, the law would be in the county's favor. However, the history of Vero Beach is not one of shutting parks down. Attorney Vitunac went on to explain that where an area to be annexed into the City is owned by a majority of people who are not residents, the law requires that at least 500 of the acreage owners sign a consent form allowing the referendum to occur. When that acreage limit is passed, the referendum then is held for only the people who are registered electors and live there, even if they don't own land there. Because there is so much vacant land on the beach, it is necessary to go through a 2 -step procedure to have a referendum. The county is being asked to consider giving consent for the Round Island property towards having a referendum. This only allows the referendum to take place, and actually we don't even get a vote in it. 'JUN 2 3 1987 37 BOOP( 0 631 j UN 2 3 1997 BOOK N� GUE 6,32 Chairman Scurlock noted that the other option for the City would be not to annex the entire area, but stop short of the park. Attorney Vitunac advised that the third alternative now allowed by law would be for the City to leapfrog over the park, but that would leave a county enclave without police protection. Board members generally indicated they did not favor that. Commissioner Bird noted that we are representing people outside of the area who will not be able to vote on this. He felt we must consider the financial aspect and did not believe staff has done an analysis. Chairman Scurlock believed just from annexation of The Moorings alone, we would lose $347,000 from our MSTU, and OMB Director Baird advised that the proposed annexation would result in a loss of about 18% from the MSTU. Commissioner Bird commented that The Moorings don't ask for a whole lot, and he did not believe we have provided a whole lot; so possibly it is a better bargain when you compare money collected to money spent there. Mr. Young advised that he is standing in for City Manager Little, who is out of town today, and once they get some results on the consent issues, the city will be preparing an analysis, including a financial impact analysis, in regard to annexation of the whole are or various segments. Chairman Scurlock felt the real thing in question here is the park, and the fact that under the new law the city has a process available to annex everything in the area except the park with or without our concurrence. Commissioner Wheeler stated that he would not want to see the park outside the annexed area for the law enforcement aspect alone. He felt we would almost have to station a deputy down there full time. Commissioner Eggert wished to know approximately when the 38 referendum would be held, and Mr. Young stated,it would be scheduled in the March election. Charles Block, as president of one of the associations in the county, wished to know how many acres are involved in the annexation and how many of those acres are in Round Island Park. He was informed it was 1520 acres total, and Round Island Park is 91 acres. Mr. Block also wished to know the process after consent of the owners of more than 500 of the acreage is obtained. Mr. Young stated that when they get an indication of the feelings of the larger owners, they then would have a mail -out to all property owners in the area and tally them and then schedule the annexation question in March and have a formal vote. Attorney Vitunac confirmed that first they -need a majority of the acreage and then a majority of the vote. Chairman Scurlock believed last time when the law was different and required the inclusion of our property, we were reluctant to commit our acreage because of the message it might send. John Mead, resident of Seagrove, could not understand why the county wants to give up the property and the revenue that comes from that property. The last time this came up, he was president of the Property Owners Association in Seagrove and at that time felt they were much better off to be under the county government, and he still feels that way. Now, it seems that there is a joint group of Property Owners Associations that feet they would be better off annexed into the City, that they could get better attention to their roads, better police protection, etc. Mr. Mead noted that he has been in Seagrove since 1979, and he has never been aware of any problem with police protec- tion; they have their own private roads and take care of them themselves; and as to garbage collection, they don't have alleys and can't put their garbage in back of the house. He felt the garbage probably would end up much more costly. As to taxes, he l JUN 23 1987 39 BOOK D U fA,u� hcie"-I JUN 2 3 1987 900K E 63 4 noted that taxes go up in the city as well as the county. Mr. Mead did not wish to be annexed into the City and hoped the Board will consider that there are those who feel that way. Eben Cockley, president of The Moorings Property Owners Association, stated that simply by virtue of their location, they feel that there are very simple direct and beneficial aspects to all the residents of the South Beach area by being annexed into the City, for instance, greater police protection since the City will give them a full-time patrol car for the South Beach area alone. It is not a matter of taxes as they are not significantly different, but Mr. Cockley believed they will save considerable money in terms of the County's 60 on the gross utility fees and the 100 on sewer. The county has maintained their streets and done a good job, but if they are annexed, the City would maintain the streets and also the R/Ws adjacent to the street, which the county cannot do. Mr. Cockley believed the matter of the park can be worked out. He certainly did not want to leapfrog over the park and hoped the county would took favorably on their request to be allowed to go to referendum so the people can express themselves. John Mead brought up the point that there is still land in the area owned by some doctors down in Fort Lauderdale who want to put a store area in the South Beach. This was defeated when it came up before, but if the land is annexed into the City, it may be brought up again. Chairman Scurlock felt the key is that there is an ability for the City to exclude the park area and get their petition to go to referendum with or without the county's participation. Commissioner Eggert stated that what concerns her is the message we send to both city and county voters about what our feelings are about those taxpayers when we go ahead and - participate in this. If we had 1,000 acres, that is different, but as it is, she felt we should stay out of it so we send no message whatsoever. She noted that she is not saying we would 40 fi- not be glad to be included, but she is afraid we send a message when we get involved. Commissioner Bowman noted that as an individual, she wanted _ to stay out of it; she has seen the height limitations in the city move up and down like a yo-yo. Commissioner Bird felt Commissioner Eggert's position is pretty much the same as our position on this two years ago, and Chairman Scurlock agreed but pointed out that the law has changed since then. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, not to participate in terms of the county park and stay moot on the question of annexation. Commissioner Wheeler wished to know if we stay out and it goes to referendum and passes, how we then go about including our 91 acres. County Attorney Vitunac noted that if the City gets the 51% of the acreage without the county's signature, then the question is do we want to be included in the map of the property that is going to be annexed; we can decide at that time whether we wish to be included in that map. Commissioner Wheeler agreed this should be left up to the people in the area, especially since the county has such a small percentage of the acreage. Commissioner Bird felt if, for instance, he owned 10 acres and did not want to be included, but the vote goes for annexa- tion, he would be included anyway, and asked why the County would be any different. County Attorney Vitunac believed if the County made a strong pitch to stay out, the City probably would just drop us out because they don't need us for contiguousness under the new law. They do need the private property owners for that purpose. 41 BOOK �:� tA�E 6P� L:JUN 2 31987 Fr,_ I JUN 2 3 1987 BGGK. PAGE Commissioner Bird did not feel the Motion says we don't want to be annexed - just that we don't want to comment at this time. He noted that he is in a difficult position. He is in favor of the people being able to express their desires, but on the other hand, they represent 180 of the MSTU, and he is sitting here representing the other 720 of the MSTU and loss of that income will have a considerable impact on that 72% who will have to take up the slack; although, he did feel we probably have expended less in that area than we have taken in. Chairman Scurlock noted that we also lose the 6% franchise fee, but Commissioner Eggert pointed out that we actually have no vote on the annexation. Charles Block expressed his belief that by not supporting the referendum the Board is sending the people a message. Commissioner Eggert believed the Board is sending the message that we want the property owners to decide themselves. COMMISSIONER EGGERT CALLED FOR THE QUESTION. It was voted on and carried unanimously. DISCUSSION RE ROUTING OF TRAFFIC AT COUNTRY CLUB POINTE DURING BRIDGE REPLACEMENT Chairman Scurlock advised that after the concern expressed _ by those in the area, he contacted City Manager Little and Admin- istrator Balczun and asked them to work together and get City Engineer Darrell McQueen to come up with something and update us on the situation. City Engineer McQueen informed the Board that the County's Traffic Department sent them a traffic maintenance plan, which they like. He stressed that there is no way to keep the Country Club Bridge open during construction and the pilings are in such bad condition, there is no option but to replace the bridge. Mr. McQueen then reviewed how they negotiated successfully with the same contractor who was constructing a similar bridge at John's 42 Island for a price of $100,000 even, $15,000 of which is being absorbed by the City and $85,000 by the ,County. The plan at _ this time is to provide signs along Royal Palm Blvd and route the _ traffic along 26th St. to U.S.I and then from U.S.I, they could come back along 30th Street to the Country Club; so, getting _ there from the south end is not that difficult. The problem that comes up leaving the Club to go south on U.S.I is the visibility problem caused by the barrier rail on the bridge at U.S.1 just before Marvin Gardens, which makes it very difficult _ to see on -coming traffic until your vehicle is right at the edge of the driving lane; so, they looked at routing the traffic on 13th Avenue which is a gravel road through a residential area, over to 33rd St. primarily because of some other visibility problems. Mr. McQueen continued that in addition to this traffic plan, they were tentatively thinking about soliciting an off-duty policeman for certain hours of the day, but did not know how DOT would respond to that. Discussion ensued regarding the need for more than one policeman, and the Chairman wondered if there is any possibility of the DOT considering a temporary traffic light. Engineer McQueen noted that it is very difficult to get the DOT to move on anything without a full blown study. He advised that he was hopeful that the road would only have to be closed for 45 days rather than 60 or 90. Commissioner Bird inquired if it is out of the realm of possibility to put in a Bailey bridge, and Engineer McQueen believed a Bailey Bridge could be used if one were available. This is about a 120' span, and a Bailey bridge can be assembled within a few hours. He noted that quite a few counties do keep such bridges on hand. Discussion re the cost or possibility of leasing a Bailey bridge ensued, and Public Works Director Davis stated that he could inquire about this, but felt it would delay the project until after the peak of the summer. JUN 311987 43 BOOK �J E.a,,r 6 L JUN 2 3 1987 BOOK 68 D"i'L 60�� Commissioner Eggert expressed concern about the people living at Country Club Point who are going in and out of there all the time, and felt we must be very sure they have a safe means of ingress and egress. Elden Auker, president of Vero Beach Country Club, informed the Board that he talked to Bill Lewis of the DOT re the possibility of getting a temporary light, and Mr. Lewis indicated that the bridge would be built and half worn out before that could be accomplished. Mr. Auker, therefore, felt it is an exercise in futility to take about a temporary light. He advised that they have 200-250 people playing golf every day, and of those about 70% are retirees and 65 or older. The daytime traffic is not too bad, but they are very concerned about evenings when they serve dinners. One alternative they have considered is that the people can park along Country Club Drive in the evening and walk across the foot bridge. This would eliminate the need to go out on U.S.I for those who are able to walk that far. Commissioner Bowman inquired about golf carts for those who can't walk, but Mr. Auker pointed out that the carts are only designed for two people; you must have a driver; they do not have the equipment to hook another car on behind; and they feel there is a liability exposure. They, therefore, have ruled out running a -shuttle. Darien Duncan, resident of Country Club Pointe, stressed that there about 100 homes in their area and Buckinghammock has more than they do. He stressed that the Board must come up with a solution if they do not wish to have two or three serious accidents and end up with million dollar lawsuits. Mr. Duncan believed the military can put up Bailey bridges very quickly and possibly the National Guard could put one up as a training exercise. Commissioner Bird noted that he did not want to delay the project, but he would like to look into the possibility of an 44 alternate bridge, and the Chairman agreed and stated that he also would like to look into the possibility of a deputy. _ Discussion continued re several alternate routes, and Engineer McQueen noted there is a possibility of addressing the bridge replacement differently by leaving the old one in and moving the new bridge some to the west. However, cost would be a consideration. Chairman Scurlock noted that we want to do everything we can to maintain a safe situation, but we must also give some consid- eration to cost. Discussion ensued in re calling a Special Meeting to act on this whenever Engineer McQueen can get back to the Board with the new information, and it was generally agreed to call a Special Meeting for next Tuesday, June 30th, at 9:00 A.*. REPORT ON POSSIBLE PURCHASE OF MOONEY PROPERTY (N.WINTER BEACH) Chief Planner Miller reviewed the following memo plus excerpt from the staff report: TO: The Honorable Members DATE: June 8, 1987 FILE: of the Board of County Commissioners MOONEY PROPERTY REPORT SUBJECT: FROM: Robert M. Keating, AICD AIIN Director REFERENCES. Mooney Rept. Community Development Division DIS:IBMIRD It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 23, 1987. DESCRIPTION & CONDITIONS At their meeting of May 19, 1987, the Board of County Commis- sioners considered purchasing the 100± acre Mooney property located in Winter Beach. Questions then arose regarding the need to purchase the property, the site's characteristics, the uses to which the tract could be put if acquired, and the possible funding sources available for purchasing the pro- perty. To address these issues, the Board directed the Planning Department to analyze the site, determine compatible uses for the property, and identify potential funding sources. 45 JUN 231987 boa acG�P JUN 2 3 1987 ALTERNATIVES & ANALYSIS Bou 68 qac 640 The Planning Department analyzed the property and addressed the issues of concern to the Board. A copy of that report is attached to this memo. The report identifies sand pine scrub habitat characteristics, describes the subject property, and assesses the need to preserve this property. In addition, the report identifies uses which are compatible with preservation of the habitat and lists various funding alternatives. RECOMMENDATION The staff recommends that the Board accept the attached report. The staff also recommends that the Board adopt a policy to preserve existing sand pine scrub habitat. Further, the staff recommends that the Board authorize purchase of the Mooney property and consider it for use as a utility site and/or as a passive recreational facility.. SCRUB HABITATS A number of distinct communities exist within Indian River County. Besides the sand pine scrub habitat, these communities include estuarine and freshwater wetlands, pine flatwoods, hardwood hammocks, and others. Each of these systems combine to form the total ecosystem in the County, and the loss or substantial decline of any of these habitat areas can affect the overall system. Historically, scrub communities have developed along the Atlantic Coastal Ridge, and Ten Mile Ridge. Because of the elevation of the land and drainage characteristics that enabled the ridge to be consistently dry, and its proximity to the river, the Atlantic Coastal Ridge was the area where early development concentrated. Travel corridors developed along the coastal ridge to serve the population and because the relatively high elevation and drainage made for good reliable roadways and rail routes. Within %the last few decades, the scrub habitat has been dramati- cally reduced due to commercial and residential development along the U.S. #1 corridor. Recently, intensified urban development dramatically increased the need for sand for septic tank and general land filling activities, and the resultant sand mining and urban development destroyed much sand pine habitat. Although the loss of scrub habitat has not been quantified for Indian River County, a 1984 study revealed that the 41,000 acres of historical scrub habitat in Palm Beach County had been reduced to only 1,100 acres, a 97% loss. A review of aerial photographs of Indian River county shows evidence of a substantial decline of scrub habitat in this County. In response to the rapid loss of this type of upland habitat, Ray Fernald of the Florida Game and Freshwater Fish Commission is completing a region -wide study of the loss of scrub habitat. Mr. _ Fernald recently made a brief presentation to the County Commis- sion, and many of the technical details of scrub habitat contained in this report come from discussions between environmental plan- ning staff and Mr. Fernald. In his report, Mr. Fernald surveyed the County and determined that only seven areas of viable sand pine habitat still exist along the Atlantic Coastal Ridge in Indian River County. The following summary identifies and briefly describes the several areas which are shown on the map attached to this report. 1. The Sebastian River corridor is the largest area identified (200-300 acres). Although the tract is not dominated by sand 46 pine scrub, scrubby pine flatwoods and scrubby pine predom- inate on the site, and the factors of large site size, proxi- mity to a river habitat and limited direct road access make - this a desirable site. 2. This site is located west of Riverwalk Shopping Center and is predominated by scrubby pine flatwoods and sand pine scrub and may contain up to 50 acres. A second phase* of -the shopping center is currently destroying the habitat on a part of this site. 3. This site is located immediately east of Riverwalk Shopping Center (east of U.S. #1) and is approximately 50 acres in size.' This site is almost completely dominated by sand pine scrub. 4. This site is located in Sebastian and is proposed for a large - development project known as Saint Sebastian. The site includes deeds representative of the three scrub communities (sand pine §crub, scrubby pine flatwood, scrubby oak flat - woods). Thia rather large site (less than 100 acres) is considered by Mr. Fernald as the #1 priority for a north - county Vfe§dtV@6 pending development of the site will make preservation of the site unlikely at best. 5. East of Pelican Island Elementary School in Sebastian is a 150 acre site predominated by pine flatwoods, scrubby pine flatwoods, and small patches of sand pine scrub. 6. This site is the Mooney property and is the largest solid stand of sand pine scrub in the central part of the county. Although all. of the site is not sand pine scrub, the other scrub is vigorous and provides good habitat. Scrub jays, gopher tortoise and scrub lizards are known to inhabit the site. Mr. Fernald recommends this site as the number one priority for preservation in the central part of the county. 7. A site of less than 100 acres is located west of U.S. #1 at the south county line. At least three publicly owned areas in Indian River County have sand pine scrub communities. Donald McDonald Park on the Sebastian River and Vero Beach Airport have sand pine scrub on site, and the Sandridge golf course has a small island of sand pine. The Vero Beach Airport tract is the only property under public a ownership that is large enough to be turned into a significant preserve. NEED TO PRESERVE Recent monitoring of habitat destruction indicates that rapid destruction of upland habitats will continue. While a great deal of attention has been focused on wetland and river preservation, upland habitat preservation is a relatively new concept. The Treasure Coast Regional Comprehensive Policy Plan (April, 1987 Draft) states that little effort has been focused on conservation or maintenance of the native upland communities and recommends that an aggressive program of habitat preservation be implemented. Region -wide concern for the preservation of upland habitats is reflected in several values that are important. These values are reflected in recreational opportunities such as hiking, camping, birdwatching, wildlife photography; stewardship of a vanishing resource; scientific research opportunity; and aquifer recharge. � JUN 23 1987 47 BOOK 0 0 r',�'uE 641 FF,-- JUN 2 3 1987 Boax I 68 PA,E 642 Chairman Scurlock believed we all would like to save the sand pine, but unless we can demonstrate we have a source of funds and a need other than just saving the sand pine, he did not think we can consider over a million dollars. The only source he saw as a potential would be that we were going to, in fact, locate on that site a water or sewer system or 72 hour retention or 10 day storage and that would have to be compared to other available land and be an economical way to provide one of those uses. He asked if this analysis has been done? Administrator Balczun advised that he has had some discus- sion with the Utility Director on this, but a detailed analysis has not been done. Mr. Pinto has indicated his impact fee funds would be drawn down by next year to somewhat less than $700,000; so, clearly, Utilities does not have the cash for this on hand, and, therefore, we would be looking at some form of longer term debt obligation by Utilities or by the County. Chairman Scurlock asked if there has been any negotiating with the owner as he believed time is an issue, and Administrator Balczun advised that staff has been waiting for the Planning study and for the Commissioner's indication. Commissioner Bird noted that if there is some outside source other than ad valorem taxes to buy it and preserve it as a nature preserve, i.e., the Nature Conservancy, CARL, etc., he might be interested in exploring that, but he did not know if the time frame would allow for this. If we do have a reasonable use for the property such as utilities which would not atter the property to a great degree, he also would be willing to pursue that. Chairman Scurlock believed one of the misconceptions that has come about is that some of the development community was under the impression that we were going to use impact fees or county money to buy land just to preserve it, but that was never the discussion. Only if we could have a reasonable use and also save the sand pine*, would we pursue it. He would like to see the Utility Department take a look at locating a utility facility 48 E7 in that area, determine if this property is appropriate for the plant, retention, etc., determine if there is a reasonable use and if the price is in the right range. Commissioner Eggert asked if use of the property for a well - field site could be considered adequate reason, and Chairman Scurlock felt Utilities would have to make that determination. Discussion ensued regarding going to the deep aquifer, and Commissioner Bird felt if we go to the deep aquifer for our wellfields, we do not necessarily need that particular piece of land. The Chairman believed if the property were to be used for the retention area, it might be more compatible to preserving the plantlife, and discussion continued at length as to doing an analysis and seeing if we can fit this into our -master plan on a cost effective basis. Commissioner Bowman.noted that we have been talking about buying riverfront property and sand ridge, and did not see why we can't.package all this in a G.O. bond and take it to the public. It was pointed out that this would require considerable time, and this property will not be available in a year. Commissioner Bowman felt as far as the sand ridge is con- cerned, it is now or never. Chairman Scurlock asked how much money we have in our fund where we collect monies for tree protection and beach accesses. OMB Director Baird advised there is about $24,000 in the Tree Ordinance fund, and the Park Development fund has about $130,000, but that is proposed to be used for development of Golden Sands Park. Administrator Balczun reported that staff has been thinking about applying the $24,000 to the purchase of the 100' of beachfront property offered us by the Lowenstein Estate, which staff has been negotiating for at the Board's direction, and will soon bring back to the Board. 49 BOCK �� F,i�E 64 3 L_ JUN 2 3 �7 JUN 2 1987 W 6 PAGE 644 Chairman Scurlock felt the only possible reasonable source of funding is to look to the utilities. Commissioner Eggert stated that she had thought that Utilities was going to come back to the Board with a report today. She believed we promised Mr. Mooney a response within 45 days, and it is frustrating that this has not been done. Planning Director Keating believed the Board asked the Planning Department to look at this, and if the report is not what the Board wants, it is his fault. The Board indicated they felt the report was excellent, and Commissioner Eggert believed Utilities was instructed to respond also. Utilities Director Terry Pinto appeared at the meeting and advised that, as far as Utilities is concerned, there is no question at all that the property could be used for effluent disposal and a wellfield, (anything on the sand ridge can be used for effluent disposal; although he had no idea what it would do to the vegetation, but the question that arises is how you pay for it. Director Pinto felt if the property were used to spray the effluent, it probably would affect the vegetation; if it were used for the reserve storage , there should not be a problem unless we had to use it too frequently. The Board continued to discuss possible effects on the vegetation, and Ray Fernald of the Fish & Game Commission could not say what they might be because he did not know the quality of the effluent. Commissioner Bowman believed if it has tertiary treatment, that would remove most of the nitrogen and phosphorus. Commissioner Bird felt that as far as disposal of effluent is concerned, with ail the golf courses, as well as our park, in this area, there should be plenty of acreage available to spread effluent on for the next 5-10 years. Director Pinto advised that the DER is saying there are two parts of the reserve effluent you must keep - one, if it is 50 .- non -spec (does not meet tertiary standards), then it does not meet public criteria for irrigating golf courses and you must _ have a provision to put that into a perc pond. Secondly, they talk about a 15 day holding time where weather conditions present a problem where you can't irrigate. If you are talking about 1 million gpd, it would involve 15 million gallons worth of storage. This would require vast amounts of area, which would hardly ever be used, but it could potentially flood the area, and this could have a very bad effect on some tree roots. _ Chairman Scurlock asked if the property has any potential to be used for a North County sub -regional water plant, and Director Pinto felt it certainly is a good area to build a treatment plant and spot wells; although our water plant does not make use of the shallow aquifer. It would only take 5-6 acres -maximum for the plant; the wells actually require very little area; and if the area can be protected, that would be fine. Commissioner Bowman discussed the cost of acquiring river - front property, and Chairman Scurlock noted that the riverfront property along Indian River Boulevard north would come through the Transportation Fund and is a separate issue. Commissioner Bowman asked about the Lowenstein property and that in back of Vista Royale. Commissioner Bird did not see the need to buy those lands to preserve them as the permitting requirements will not allow the lands to be built on; so, the regulations in the law will preserve them for us. Commissioner Bowman believed the only way we can get the high marsh back as high marsh is to control it. Chairman Scurlock brought up the possibility of doing that through transfer of density rights where the owners would dedicate the land and in return get a density transfer to some other area of the county, but Commissioner Bird felt transferring density rights all over could cause problems. 51 JUN 23 1987 BOOK �.645 JUN 22 1997 BOOK 68 r1GE 646 Commissioner Wheeler believed we all would like to have the Mooney property, but it seems we can't afford it and unfortunately we don't have the time necessary to go to the public and determine their feelings. Attorney Herzog, representing the owners of the property in question, asked that the Board think about the Mooney family who each month must make the mortgage payment on this property. He felt the first step should be price negotiation, and then the Mooney family can consider who they want to sell the property to or whether they want to develop it. Commissioner Bird pointed out that this is a very nice piece of property, and he was not sure we need such a prime piece of property for a utilities function. Chairman Scurlock asked the Utility Director about proposed locations for a North County plant, and Director Pinto reported that right now we are looking north of Hobart Road. He pointed out that in location of the plant you are not only talking about purchase of land, but a major extension south to get there. Also, when you reduce density in an area substantially, it makes it much less favorable to bring utilities to that area. Chairman Scurlock believed we are hearing that #1, this property is not a viable place for wastewater, and #2, that if it were used for a water plant, the timing is all wrong. These people need an answer, and it looks as if the answer may be no. Pat Brown came before the Board to speak on behalf of the Pelican Island Audubon Society. She reported that the Society feels the sand ridge is an important system to preserve, and they do not feel a coexistence with utilities is necessary to justify the preservation of the land. There are very few of these sites remaining in Indian River County. Mrs. Brown stated that she can appreciate the many problems, but would urge the Board to keep looking for methods to acquire land like this which is important to the long range future of the county. 52 -- i Director Keating suggested that the Board could encourage _ staff to keep pursuing other means of acquiring such land that _ would not be a cost burden, i.e., CARL funds, the Nature Conservancy, etc., and could establish that as a policy. Chairman Scurlock felt that first of all, the Administrator needs to know a price before we can look at a source of funding. ON MOTION by Commissioner Eggert, SECONDED by Com- _ missioner Wheeler, the Board unanimously authorized staff to negotiate a price on the Mooney property. Commissioner Bowman asked if there should be another Motion to investigate other sources, and Chairman Scurfock believed the Motion is broad enough to include whatever sources of funding are available. DISCUSSION RE RADIOS FOR SEBASTIAN AMBULANCE SQUAD The Board reviewed letter from Mary DeChaine, Chief of the Sebastian Volunteer Ambulance Squad: JUN 2 3.1987 53 BOOK b'S oiUL 647 Ai 'JUN 2 S 1987 BOOK f'A�E 648 Sebastian Volunteer Ambulance Squad, Inc. P.O. Box 685 Sebastian, FL 32958 (305) 589-5840 CL �,1Q l� 131Ajs, June 10, 1987 UN 0 ,co J19 M RECEIVED saw COUIM� INDIAN RIVER COUNTY �� COMMISSIONERS BOARD OF COUNTY COMMISSIONERS 1840 25th Street, 92�21j Vero Beach, FL 32960 ATTENTION: ALICE WHITE Dear Sirs: It has come to this office's attention that Emergency Management for Indian River County has__ possession of all the emergency radios in use here in the county. Our Squad is in need of new radios for a new ambulance we are hoping to put on line in the next few weeks. Therefore, we are requesting to be put on the agenda for the next County Commission regular meeting so we may discuss the possible acquision of a radio for emergency transmissions for both south county and Med channel 4. We believe a precedent was set when a contingency fund was used to acquire radio(s) for Fellsmere Volunteer Ambulance Squad. As this will benefit the majority of the residents of north Indian River County we are hoping the Commission will consider this request favorably. Thank you for you kind attention in this matter. Voluntarily, `�0a Maryjaine, Chief SEBASTIAN VOLUNTEER AMBULANCE SQUAD,INC. The Chairman asked if staff has taken a look at this, and Administrator Balczun commented that staff did not see this item until the agenda came out, and although this is an admirable cause, he had some problem with the county funding a radio so near to budgettime rather than having this expense programmed into next year's budget. Chief DeChaine stated that this is not a regular budget request. First of all, the County owns all the radios on the ambulances, and secondly, last year when Fellsmere needed a radio, the Board went into their contingency fund and provided 54 the radio for them. She, therefore, believed a precedent has been set. This is not a budget item, and they cannot wait for _ budget hearings as they need to get their new unit on the road as soon as possible. Chairman Scurlock believed the new vehicle was in the budget, and asked if they didn't budget to have it properly equipped. Chief DeChaine continued to argue that all the radios belong _ to the County anyway. Discussion then ensued re cost, and she informed the Board that to meet HRS requirements and County requirements, they must have a 16 channel UHF Med Radio. To have that programmed and installed is $756, and then they need a remote microphone and speaker in the rear of the ambulance which is connected to the front for the paramedic, etc. The total cost is $1,686.55. Commissioner Eggert did feel it is extremely important to get this unit on the road. The precedent has been set already, and although she realized this could start a domino effect, she can't seem to get a straight answer about who actually owns the radios. Chief DeChaine stated that she has checked the computer readout, and the in-house main transmitter belongs to the County as well as all the radios on all the emergency units. Commissioner Eggert asked if there is nothing they have that is transferable from one unit to another, and Chief DeChaine stated that she has two other units, but she can't take the radios off of those either. The Chairman felt he had originally referred this to the Director of Emergency Management, Doug Wright, who is supposed to be in charge of radios, to see if there may or may not be a radio available, and he just did not believe this has been properly staffed. 55 JUN 2 31967 Boa 68F.1�. r JUN 23 197 BOOK 68 [�,E 65 MOTION WAS MADE by Commissioner Eggert to either provide the Sebastian Volunteer Ambulance Squad with a radio system we have or take the money for it from contingency if we do not have one in house. OMB Director Baird stated that it is his understanding that we do not have such a unit in house, and he emphasized that these requests should be made at budgettime when everyone else makes their requests. This is the second time this has happened, and when they ask for something additional now, they actually end up getting more money than they have been allocated. Chief DeChaine continued to contend that this is not really a budget request on her part if the county owns it, and the Chairman stressed that when you order something, you order it in its entirety and allow for outfitting it; otherwise you have a shortfall in your budget. Commissioner Eggert agreed and stated that from this point on all the budgeting for ambulances and their complete outfitting would be included in the budget. COMMISSIONER EGGERT'S MOTION to provide the radio either with a unit in house or fund it from contingency was SECONDED BY COMMISSIONER BIRD. - THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PETITION FOR RIGHT-OF-WAY ABANDONMENT (S. BAILEY) 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: 56 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero ��Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of bre�C-P I in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, *rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribedkeforWe thi day of °' A.D. 7 / (SEAQ (Business Manager) (Clerk of the Circuit CdtrFt, Indian River County, Florida) NOTICE OF PUBLIC HEARING Notice of hearing to consider a petition for the closing, abandonment, and vacation of a portion Of Palmetto Place South of Lot 13 and North o Lot 28 In Gloria Gardens, a subdivision recorded In Plat Book 6, Page 33 of the Public Records o SL Lucie County. Said lands now tying and Wing within Indian River County. Florida. Said right-of-way being more particularly described as follows: The subject property is described as: ALL OF THAT PORTION OF PALMETTO PLACE SOUTH OF LOT 13 AND NORTH OF LOT 28 IN GLORIA GARDENS, A SUBDIVISION RECORDED IN PLAT BOOK 6. PAGE 33 OF THE PUBLIC RECORDS OF ST. LUCIE. COUNTY. ' SAID LANDS LYING AND BEING IN IN- DIAN RIVER COUNTY, FLORIDA. THIS PORTION OF PALMETTO PLACE WAS PREVIOUSLY EXCEPTED FROM A VACATING ORDINANCE RECORDED IN PLAT BOOK 382, PAGE 146. . . A public hearing at which parties In interesq and citizens shall have an opportunity to bell heard, will be held by the Board of County ConH missioners of Indian River County, Florida, in the; County Commission Chambers of the County, Administration Building, located at 1840 25th� Street, Vero Beach, Florida, on Tuesday, Jun 23,1987 at 9:05 a.m. II Anyone whom may wish to appeal any Gael slon which may be made at this meeting will need to ensure that a verbatim record of the pro: ceedings is made which includes the testimony and evidence upon which the appeal will be Indian River County Board of County Commissioners By -s -Dan C. Scurlock, Jr., Chairman June 3,1987 Staff Planner John McCoy made the following presentation: TO: The Honorable Members of DATE: June 15, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M atin C SUBJECT: STEPHEN BAILEY'S PETITION Planning & Devel pment Director FOR RIGHT—OF—WAY ABANDON— MENT THROUGH: Stan Boling �q Chief, Current Development /0• •. FROM: John W. McCoy,, O REFERENCES: bailey Staff Planner JOHN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 23, 1987. LOCATION AND DESCRIPTION: Stephen Bailey has submitted a petition for the abandonment of that portion of, Palmetto Place which was not previously abandoned JUJU 2 3 1987 57 F'. ,q BOOK 6'6 rAf,E 601 jUN 2 0 'ww BOOK b P� H 652 when all of the rights-of-way for Gloria Gardens subdivision were abandoned, of which Palmetto Place is a part. This unabandoned portion of Palmetto Place is surrounded on three sides by land which is wholly owned by the petitioner and serves no useful purpose to the public. The abandonment of this portion will facilitate phase II of the petitioner's approved site plan to construct contractor's trades facilities. Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment. This portion of Palmetto Place has never been used, is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. The area of the abandonment is currently being developed for commercial uses. Abandonment of this right-of-way will not adversely affect access or development of the area but will, in fact, facilitate proper development of the area. RECOMMENDATION: Staff recommends that the County abandon its rights to this portion of Palmetto Place, and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolu- tion (Attachment #3). The Chairman asked if anyone present wished to be heard. There were none, and the Chairman thereupon declared the hearing closed. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously approved Resolution 87-58 abandoning that portion of Palmetto Place south of Lot 13 and North of Lot 28 in Gloria Gardens as requested by Stephen Bailey. { 58 RESOLUTION NO. 87 - 58 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF ALL OF THAT PORTION OF PALMETTO PLACE SOUTH OF LOT 13 AND NORTH OF LOT 28 IN GLORIA GARDENS, A SUBDIVISION RECORDED IN PLAT BOOK 6, PAGE 33 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on January 28, 1987, the County received a duly executed and documented petition from Stephen Bailey, 3554 Ocean Drive, Vero Beach, Florida, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to all that portion of Palmetto Place south gf Lot 13 and north of Lot 28 in Gloria Gardens, a sub- division recorded in Plat Book 61 Page 33 of the Public Records of St. Lucie, County, said lands lying and being in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting - documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly described as: ALL OF THAT PORTION OF PALMETTO PLACE SOUTH OF LOT 13 AND NORTH OF LOT 28 IN GLORIA GARDENS, A SUBDIVISION RECORDED IN PLAT BOOK 6, PAGE 33 OF THE PUBLIC RECORDS OF ST. LUCIE, COUNTY. SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. THIS PORTION OF PALMETTO PLACE WAS PREVIOUSLY EXCEPTED FROM A VACATING ORDINANCE RECORDED IN PLAT BOOK 382, PAGE 146. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by ssidner Eggert , and upon being put to a vote, t. )tq was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye 59 JUN 2 3 1987 boo f �,uL 6� The Chairman 23rY!reupon declared the resolution duly passed and adopted this day of June , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: / G Don C. Scurlock, Jr , hairman Board of County Co 'ssioners PROPOSED WIDENING OF CR 512 WEST OF U.S.I The Board reviewed memo of Public Works Director Davis: TO: The Honorable Members of the Board of County commissioners THROUGH: Charles P. Balczun, County Administrator DATE: June 4, 1987 - FILE: SUBJECT: County Road 512 West of US 1 - Widening and Corridor. Improvements FROM:REFERENCES: . James W. Davis, P.E Public Works Director DESCRIPTION AND CONDITIONS The City of Sebastian Planning and Zoning Commission, the North Indian River County Businessmen's Assoc. Inc., and Dr. Henry Fischer have written correspondence requesting Indian River County to not utilize the Gulf and Western Railroad right-of-way (12.9 acres) when expanding the CR512 roadway corridor between a point 4,500' west of US1 and the US Highway 1 right-of- way. At the present time, there is between 66' and 100' of right-of-way along the existing CR512 road. This existing right-of-way is not suffi- cient for future widening to at least six lanes and. probably eight lanes as Sebastian develops. Staff has proposed an alternative to split the eastbound lanes and west- bound lanes thereby creating a twin -pairs road design which would utilize the existing right-of-way for eastbound traffic and the railroad right-of- way ightof- way for westbound traffic. This design would reduce right-of-way needs and result in a substantial cost savings. Staff recently contacted property owners who own the land between the railroad right-of-way and existing CR512 to determine if they would be willing to trade CR512 frontage for railroad right-of-way frontage. The property owners were not receptive to this request. The City of Sebastian Planning and Zoning Commission recently approved a site plan which fronts on CR512 that includes parking lots, drainage facilities, and wells within the 120' wide County Thoroughfare Plan right- of-way for CR512. The buildings and parking lots are being presently constructed, and recently a County. right-of-way permit was applied for to connect a driveway to CR512 from this site plan (Mr. Philipson and Mr. Preuss) . Staff informed the developer that 27' of right-of-way is neces- sary to widen CR512. This issue is presently being resolved pending right-of-way permit issuance. 60 s The Mayor of Sebastian, Gene Harris, has approached staff on some revisions to the City Thoroughfare Plan. Major revisions to the plan would effect future widening of US 1. ALTERNATIVES AND ANALYSIS Staff has recently discussed the CR512 widening with Mayor Harris and the following proposal is suggested: Currently, $500,000 has been collected in the District 3 Road Impact Fee account. Staff proposes to competitively advertise for a Consultant to provide professional engineer- ing service as follows Phase I Perform a traffic engineering study of the City of Sebastian to update the City Thorough- fare Plan. Once this planning phase is complete and acceptable to the County and City, the future widening of CR512 would be determined. The use of the Gulf and Western Railroad would be considered:• Phase II Design CR512 improvements including preparation of plans and specifications. Phase III Construction management. RECONi MATION AND FUNDING It is recammended that staff prepare a Request for Proposals (RFP) and competitively advertise for an Engineering Consultant to perform the three -Phase scope of work outlined above. A selection committee of the following would be chosen 1) County Public Works Director 2) Mayor Harris or a City Councilman 3) City of Sebastian Engineer 4) City of Sebastian Planner 5) Mike Orr, County Traffic Engineer 6) County Commissioner 7) Resident of Sebastian -at -Large Funding to be from District 3 Road Impact Fees. Chairman Scurlock had a problem with the proposed selection committee. Always in the past, our selection of engineers has been done by our staff. He realized Director Davis was trying to provide for input from Sebastian, and he agreed some sort of advisory committee will be necessary at some point to look at our various options and be sure the public has input, but he did feet the selection of the engineering consultants should be done by our staff. The Chairman recommended that we put out a request for proposals and that the short list committee be made up of Administrator Balczun, Commissioner Bowman, as TPC Chairman, Public Works Director Davis, and Michael Orr, County Traffic Engineer, and that they make a recommendation back to the JUN 2 3.1987 61 x z BOOK 68 f',�UA56 Commission for selection of the engineers, and then an advisory committee to coordinate with the engineers re the work on CR512 can be set up later. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved the action proposed by the Chairman as set out above. Commissioner Bowman felt it should be made very clear that there will be a local advisory committee, that the committee proposed above is strictly to select the engineering consultant, and then we will coordinate. PROPOSED ANNEXATION INTO INDIAN RIVER SHORES Joseph Dorsky, Town Manager of Indian River Shores, reviewed the following letter: MAYOR: FRITZ GIEAHART' VICE MAYOR: A. JOHN TODD. JR. COUNCIL: ALFRED E. MACADAM, III WILLIS W. CLARK GEORGE P. BUNNELL TOWN MANAGER: JOSEPH C. DORSKY - Mr. Charles P. Balczun County Administrator Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Charlie: TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32963 (305) 231-1771 May 29, 1987 f.' I am enclosing a letter report to the County Commission as required by statute when a town plans to proceed with an annexation involving an ordinance and note of the people. This applies to the area west of A-1 A and encompasses the developments known as Pebble Bay Estates, Harbour Island Club, Harbour Island Villas and Vera Cruz. We hope to have an election on this in November of this year. Regarding the east side of A-1 A which includes the county owned park property and the Florida Institute of Technology Station, I have discussed with Town Council the benefits to both goverrmental entities of annexing them to the town., 62 r 3 It would eliminate the enclave problem and make policing of the area much easier on the county. At the same time, we discussed including the two county beach access points at the north end of Indian River Shores within the corporate limits of the Town for the same reasons. We plan to discuss this further at a special meeting on June 4, 1987 at 9:00 A. M: You might wish to pass this along to your commission to ascertain how they would feel about requesting annexation of the above prop- erties into the town. During a recent conversation with Chairman Scurlock, I gathered that the County Commission might be receptive to the idea. Enjoyed our recent luncheon meeting. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, to approve the annexation proposed by the Town of Indian River Shores west of SR A -1-A, including Vera Cruz, Harbour Island Club, Pebble Bay Estates, and Harbour Island Club Villas, and to look into the annexation proposed east of SR A -1-A with the knowledge that we have to work out park hours, dune crossovers, access points, etc, with Indian River Shores. In the ensuing discussion, Commissioner Bird asked if the park is the only thing left on the east of A -1-A, and it was noted there are also the two beach accesses; the F.I.T. property; and a piece just north of the park abutting the residential area, Commissioner Bird asked if we can clarify a bit more just what the status of the park will be with the annexation. Town Manager Dorsky stated that his recommendation to the Town Council would be that the park is still the County's park and the County will operate it, but it will be within the corporate boundaries of the Town so the Town can assist with law enforcement, opening and closing of the park, etc. He stated they were not anticipating taking over the park. Commissioner Eggert believed the Town could pass an ordinance that would affect the park, but Mr. Dorskey felt the Town's ordinance is identical to the County's relative to park hours, etc. County Attorney Vitunac noted that this relies on a good will situation. Counties and cities cannot contract away their JUN 23 1987 63 eooBOOK 4 JUN 2 3 1987 BOOK 68F,c rights to regulate by ordinance. This is the exact same situation as with Round Island Park and the City of Vero Beach. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. FELLSMERE LIBRARY LEASE Commissioner Eggert reported that when this was presented to Fellsmere, they said they would like to lease the building from the Fellsmere Library Association (the Women's Club) and then we would lease it from them. The only difference from what is before the Board and what has been decided in negotiations with the City of Fellsmere relates to the section on insurance. They are going to take on the building insurance, and we would take on the liability insurance, and Commissioner Eggert understood there would be very little increased cost. OMB Director Baird stated his only problem would be if there were to be any difference in the numbers for the general liabil- ity limitation because if they exceeded our limitations, it would be almost impossible to buy the insurance. Commissioner Eggert believed Director Baird supplied the numbers to the attorney and they should be the same; they would also be the city's limitations. She then referred to their proposed budget, commenting that she felt we would repair not replace the air conditioner. Commissioner Eggert advised that she had them put the budget back on, but the money is all contained right now within the Sebastian Library budget and there would be nothing increased for this year. 64 JO T 2 3 1987 65 BOOK 6 8 I'VUL659 FELLSMERE LIBRARY BUDGET Sebastian Library Expenditure.s Object FY 87 'FY 88 -' Category # Object Category 16/12 - 9/30) - 011.12 Regular Salaries 1,056 (12 tars/wk) 5,978 (20 hrs/wk) 012.11 Social Security 76 444 ,. 012.12 Retirement Cont. 139 791 012.13 Ins_.- Life & Health 71 _ 467 012.14 Workmen's Comp. 7 39 TOTAL SALARIES & BENEFITS 1,349 7,719 ' 034.02 All Travel 155 600 034.11 Telephone 136 0 _.. 034.31 Electric 300 0 034.42 Rent - Buildings , 5. 0 034.43 Rent - Office Equipment 220 220 034.63 Ma.int. - Office Equipment 0 350 034.71 Inhouse Printing 0 325 034.72 Outside Printing 100 150 035.11 Office Supplies 50 200 035.25 Institutional Supplies 50 200 - 035.29 Other Operational Supplies 100 350 035.45 Books 0 5,000 035.46 Subscriptions 0 370 TOTAL OPERATING EXPENSES 1,114 7,765 066.41 Office Furniture & Equipment 0 300 TOTAL CAPITAL OUTLAY 0 300 TOTAL EXPENDITURES 2,469 15,784 NOTE: The above expenditures are included in the Sebastian Area County Library Budget for FY 87 and in the proposed Sebastian Area _ County Library Budget for FY 88. FELLSMERE LIBRARY BUDGET �b e -a 0 'FELLSMERE LIBRARY ASSOCIATION , �1 - FY 87 FY 88 Building JZ% Insurance y. �4y $ 494 $ 494 ? s Other Improvements 350 * ? - TOTAL $ 844 $1,.000 ? JO T 2 3 1987 65 BOOK 6 8 I'VUL659 JUN 2 � 1987 BOOK Fa y INDIAN RIVER COUNTY - BUILDING & GROUNDS FY 87 FY 88 Telephone - $ 400 Electtic Service - 1,000 TOTAL - $1,400 NOTE: These budget items are included in the Sebastian Area County Li r budget for FY 87. CITY OF FELLSMERE FY 87 FY 88 Janitorial Services - contracted $ 300 $ 900 Maintenance - Buildings- 500 ? Grounds 80 240 Other Improvements 1,500 * 1,000 ? TOTAL $1,880 $2,640 OTHER FY 87 FY 88 Maintenance - Air Conditioner (Marion Turner) $1,400 Pest Control- (I©secontrol: donated services) 90 180 TOTAL $1,490 $ 180 NOTES: * Fellsmere Library Association to provide roof paper and tar for roof repair. City Of Fellsmere to bearacost of repairing roof excluding materials. — FELLSMERE LIBRARY BUDGET Cost Allocation Summary FY 87 Indian River County - Sebastian Area County Library Budget $ 2,46.Jr Indian River County - Building & Grounds Dept. Budget :0 Fellsmere Library Association 844 City of Fellsmere 1,880 Other Donated Items 1,490 TOTAL COSTS $ 6,671 66 FY 88 $15, 784 1,400 1,000 2,640 180 $21,004 ON MOTION MADE by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously agreed to engage _ in the subject lease with the City of Fellsmere who will _ be leasing from the Fellsmere Library Association and to accept the budget as presented for this year. Attorney Vitunac pointed out that the lease will not be - effective until Fellsmere obtains the lease from the Women's Club. SAID LEASE WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED. SEBASTIAN LIBRARY LEASE Commissioner Eggert advised that the Sebastian Library Lease simply involves a transfer of names, substituting the County Commission as lessee rather than the Sebastian River Library Association. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the assignment of the Sebastian Library Lease Agreement and authorized the signature of the Chairman. SAID LEASE ASSIGNMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:30 o'clock A.M. ATTEST: / A)IL, Clerk Chairman JUN 2 3 1987 67 BOOK