HomeMy WebLinkAbout9/8/1987i
E
Tuesday, September 8, 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,
September 8, 1987 at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman;
Carolyn K. Eggert; and Gary C. Wheeler. Richard N. Bird was on
vacatl�',ion. Also present were Charles P. Balczun, County
Administrator; Charles P. Vitunac, Attorney to the Board of
County Commissioners; Joseph Baird, OMB Director; and Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Eggert led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition of a budget
amendment for the Sheriff's Dept. regarding an excess in
personnel funds for this fiscal year.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously added
the above item to today's Agenda.
CONSENT AGENDA
Commissioner Wheeler requested that Item D be removed from
the Consent Agenda for discussion, and Commissioner Eggert
requested that Item F be removed also.
A. Report
Placed on file in the Office of the Clerk to the Board:
Report of Activities 8 Expenditures of the IRC Public
Health Unit for period ending June 30, 1987.
1
BOOK 69, 6GEr 262
SEP 8 19817
FF
S E P 8 1987 BOOK 69 PACE 263
P
B. Historic Preservation Planning Assistance Grant Application
The Board reviewed the following memo dated 8128187:
TO: The Honorable Members DATE: August 28, 198` FILE:
%' of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: HISTORIC PRESERVATION
SUBJECT: GRANTING APPLICATIONCE
Robert M. Kea ng, CP _
Director, PlanIning & Development
FROM: David C. Nearing OO -O 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 September 8, 1987.
DESCRIPTION & CONDITIONS
The Florida Department of State is soliciting applications for
State grants-in-aid for historic preservation projects. This
is the same program for which the County unsuccessfully
submitted an application last year. As with last year's
program, the Bureau of Historic Preservation is encouraging
applications which propose to develop preservation elements (or
preservation components of coastal management, future land use,
and housing elements) of Local Government Comprehensive Plans.
The Bureau is also giving priority to projects which cover
relatively large, poorly surveyed geographic areas, such as
Indian River County.
As a result of the recent planning legislation enacted by the
State, Indian River County must incorporate historic and
archaeological concerns in its required comprehensive plan.
Chapter 9J-5 of the Florida Administrative Code, entitled
"Minimum Criteria for Review of Local Government Comprehensive
Plans and Determination of Compliance," requires that the
County address identification, designation, and protection of
historically significant properties in various elements of the
Comprehensive Plan.
The funds available from the subject grant program would enable
the County to undertake required historic preservation
activities. As such, these funds would complement grant funds
being provided to the County from the Department of Community
Affairs for comprehensive planning activities.
ANALYSIS & ALTERNATIVES
Indian River County has never had a formal historic sites
survey conducted, and only four sites have been recorded on the
Florida Master Site File.
In order to meet the requirements as outlined in Chapter 9J-5,
the Minimum Criteria Rule for Local Government Comprehensive
Plans, it will be necessary to conduct a cursory site survey of
the County in order to estimate the number of historical and
- -
archaeological sites the County may have, a--nd__ it will be---
necessary to record the most readily identifiables sites on the
Florida Master Site File. Analysis of the identified sites -ma -y ----
also be utilized by the Planning Department to develop goals,
2
objectives, and strategies addressing historic preservation in
the County's Comprehensive Plan.
Since the referenced grant program is competitive, there is no
assurance that the County will receive the required funds. The
staff, however, has developed a project consistent with the
grant program's primary objectives and consistent with the
County's planning requirements. As proposed, the project will
focus on developing preservation components within elements of
the Comprehensive Plan. This will involve an area, survey of
the County and development of historic preservation policies as
part of several plan elements. To further complement this
undertaking, staff will compile a document of the study results
which will provide insight to the County's past.
The subject grant requires 50% matching funds which may be
provided. in the form of in-kind services. To minimize direct
expenditure of County funds, the staff has structured the grant
application in such a manner as to provide all the match
through' in-kind services. Grant funds= -would then be used to
retain a consultant to do the technical survey activities. In
addition to using planning staff time for calculating the
in-kind match, volunteer services have also been programmed as
part of the in-kind match. The Indian River County and
Sebastian Historical Societies have offered their services in
coInducting the proposed historic sites survey and assisting in
recording these resources on the Florida Master Site File.
In the future, staff will request that the Board authorize
submission of a similar grant application to the Federal
Department of Interior. This second application, due in
November of this year,will be a back-up application, which is
pe,rmissable under the guidelines established for application
for grants-in-aid. Such an alternative provides another
historic preservation funding opportunity if the first is
unIsucessful.
RECOMMENDATION
Based on the above analysis, staff recommends that the Board of
County Commissioners authorize the submission of the appli-
cation for a $301000 federal grant-in-aid for the proposed
historic preservation project. Staff also recommends that the
5d% match ($15,000) be in the form of in-kind services of the
Planning and Development Division and the Indian River County
Historical Society, and that the designated project supervisor
b: the Director of the Planning and Development Division.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Bird being absent) adopted Resolution
87-83A, authorizing the submittal of an application
for federal grant-in-aid for an historic preservation
planning project; designating the Director of Planning
and Development as the Project Supervisor; and
confirming that the required matching funds shall be in
the form of in-kind services.
SEP 8 .1987 3
BOOK. 69. PAGE 264 .
.a
41
BOOK
RESOLUTION NO. 87-83A
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FEDERAL
GRANT-IN-AID FOR AN HISTORIC PRESERVATION PLANNING
PROJECT, DESIGNATING THE DIRECTOR OF THE PLANNING AND
DEVELOPMENT DIVISION AS THE PROJECT SUPERVISOR, AND
CONFIRMING THAT THE REQUIRED MATCHING FUNDS SHALL BE IN
THE FORM OF IN-KIND SERVICES.
69 PACE 265
WHEREAS, Indian River County has never had a formal
historical sites survey conducted within its legal jurisdictional
borders; and
WHEREAS, Indian River County has very few, if any, historical
or archaeological sites recorded on the Florida Master Site File;
and
WHEREAS, CHAPTER 9J-5 of the Florida Administrative Code
requires that historical resources be addressed in the future land
use, housing and coastal management elements of local government
comprehensive plans; and
WHEREAS, The federal grant-in-aid application for the
proposed historic preservation project requires that the Board of
County Commissioners designate a project supervisor; and
WHEREAS, said application requires that the Board of County
Commissioners confirm the amount specified as matching funds;
NOW, THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
1. The foregoing recitals are adopted and ratified in their
-entirety.
2. The submission of the application for federal
j
grant--:in-aid for an historic preservation survey and
planning project is hereby authorized.
3. The project supervisor is hereby designated to be the
Director of the Planning and Development Division.
4. The fifty percent ($15,562 ) matching funds are hereby
confirmed and shall be in the form of in-kind services.
The foregoing resolution was offered by Commissioner
Eggert who moved its adoption. The motion was
iseconded by Commissioner whpalar and, upon being put to a
vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. hip
Vice -Chairman Margaret C. Bowman gyp
Commissioner Richard N. Bird Absent
Commissioner Carolyn K. Eggert Ave
Commissioner Gary Wheeler Ave
The Chairman thereupon declared Resolution No. 87-_gi_
adopted and duly passed this 8th day of Sept. , 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
/FLORIDA
BY: 2),L.ifirLlf.
DON C. C RLOCK, JR CHAIRMAN
ATTEST:
FREDA WRIGHT, CLERO
V.604g
C. Authorization for Out -of -County Travel
r
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved out -of -county travel for Commissioners and
appropriate staff to attend the FACo 58th Annual
Conference & Educational Exposition being held at
Marco Island on October 7-9, 1987.
D. Electronic Security System, IRC Administration Building
The Board reviewed the following memo dated 8/26/87:
TO: Th� Honorable Members of the
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
J s W. Davis, P.E.,
lic Works Director
ROM L Williams
erintendent
Building & Grounds
DESCRIPTION AND CONDITIONS
DATE: August 26, 1987 FILE:
SUBJECT: Electronic Security System
Indian River County
Administration Building
REFERENCES:
An',Electroni.c Security System for the Administration Building was .budgeted
in'ithe Building & Grounds Division Budget in fiscal year 86-87. Staff has
investigated systems from two local major alarm conpanies, Guardian Systems
.r� Sonitrol of Vero Beach.
ALTERNATIVES AND ANALYSIS
Both System proposals will provide after hours security for the County's
portion of the Administration Complex. The Sonitrol System combines
standard door detectors with noise activated microphones to monitor the
building, i.e. breaking glass activates the microphones and the central
station monitoring will then listen and notify proper authorities, if
required. Access codes for building entry will be assigned to key employ-
ees (this is limited to approximately 40 persons). Installed cost for this
system $6,974.00, monitoring monthly $130.
The! Guardian System combines door detectors with motion detectors which
will sense motion in the main hallways of the building, i.e. motion of an
intruder sets off the"alarm, the central monitoring station notifies the
proper authorities. After hours access codes are limited to six persons.
Installed cost for this system $4,107, monitoring monthly $120.
Panjic alarms for the Departments handling cash can be provided at an
additional cost from both companies, depending upon who requires this type
al m.
5
SEP 8 197
BOOK 69 `' PAGE '266'
1P i
RUE
BOOK 69 PACE2.67
Sonitrol presently provides alarm service for the Purchasing Warehouse and
has provided repair and maintenance service at the Jail and Administration
Building on the fire alarm systems.
P2COMMENDATION AND FUNDING
It is the recormendation of staff that the contract be awarded to Sonitrol
based on larger access code capacity and past performance of the existing
warehouse system. Staff recommends that an attempt is made to standardize
security systems.
Rinds are budgeted within the Building and Grounds budget for this expen-
diture.
Commissioner Wheeler asked why staff feels it is necessary
to standardize systems for different buildings, and Public Works
Director Jim Davis explained that the Guardian system is very
sensitive, and would probably result in more false alarms where
two companies would be responding to the same area. The Tax
Collector's Office and Purchasing are using the Sonitrol system.
Commissioner Eggert questioned the sensitivity of the motion
detector system, and asked if other types of systems were
considered.
Lynn Williams, Superintendent of Building & Grounds, stated
that they did look into other type systems, but feet the Sonitro_I
system would give us better coverage. The Guardian system is a
motion system and the Sonitrol system is a sound -actuated micro-
phone, which is monitored by a central staff.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
awarded the contract for the electronic security
system for the County Administration Building to
Sonitrol of Vero Beach, as recommended by staff.
E. Approval of Final Assessment Rolls - Petition Paving of 40th
Avenue between 6th 6 8th Streets and 41st Avenue between 10th 8
12th Streets
The Board reviewed the following memo dated 8121187:
6
L1
TO: THE HONORABLE MEMBERS OF DATE: August 21, 19 87 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Admini trator Final Assessment for
SUBJECT: 40th Ave. between 6th & 8th St.
41st Ave. between 10th & 12th __ _
Ralph. 'BresciapT.E.
Count Engineer
r
FROM: Michelle A. Terry REFERENCES:
Civil Engineer
DESCRIPTION AND CONDITIONS
The paving of 40th Avenue between 6th & 8th Street and 41st Avenue
_between 10th & 12th Streets is complete. The final cost and preliminary --
estimate for the work is:
Final Cost/FF Prelim. Const/FF' Final Cost Prelim. Est
40th (venue $ 8.4768 $ 9.8777 $26,938.88 $31,391.04
41st Avenue $ 8.1247 $10.1000 $25,847.35 $320131.56.-
All
32131.56._11 construction cost are under the original estimate. The final
assessment rolls have been prepared and are ready to be delivered to
the Clerk to the Board. Assessments are to be paid within 90 days or
in two equal installments, the first to be made twelve months from the
due date and the second to be made twenty-four months from the due date
at an interest rate of 12% established by the Board of County
Commissioners. The due date is 90 days after the final determination
of the special assessments.
ALTERNATIVES AND ANALYSIS
Since the final assessments to the benefited owners will be less
than computed on the preliminary assessment rolls, the only alternative
presented is to approve the final assessment rolls.
RECOM14ENDATION AND FUNDING
Xt is recommended that the Final Assessment Rolls for the paving
of 40th & 41st Avenues be approved by the Board of County Commissioners
and that they be transferred to the Office of the Clerk to the Board for
collection.
FINAL
THE E
SEP 8 1987
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved the Final Assessment Rolls for the paving
of 40th s 41st Avenues and the transfer of rolls to
the Office of the Clerk to the Board for collection.
ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE CLERK TO
7
BOOK 69 FACE -268
BOOK 69 PAGE 269
F. Architect Selection - County Administration Building - First
Floor Renovations
The Board reviewed the following memo dated 8/28/87:
� TO:
The Honorable Members of the DATE: August 28, 1987 FILE:
Board of County Commissioners
THROUGH:
Charles Balczun,
County Administrator SUBJECT:
Architect Selection - County
Administration Building
First Floor Renovations
FROM: ` t -=*Y REFERENCES: _
James W. Davis, P.E.
Public Works DirectoaY
DESCRIPTION AND CONDITIONS
Staff publically advertised for architectural consultants to submit letters
of interest for architectural services to renovate the First Floor of the
Administration Building. The following three firns submitted letters of
interest:
Schemmer Associates, Inc. - Orlando, Fl.
Frizzell Architects - Palm Beach Gardens, F1.
Smith, Korach, Hayet, Haynie Partnership - Ft. Lauderdale, F1.
The'•Selection Committee met on August 27, 1987, to interview the above
firms. The small scope of work was discussed, and all three firms expressed
an interest in working on an hourly basis to assist staff in securing a
building permit to implement the renovations.
RECODEMATIONS AND FUMING
The Selection Committee recommends that a short -form contract be negotiated
with Schermer Associates, Inc., of Orlando Fl. for the First Floor Reno-
vations. Funding to be from Buildings and Grounds Budget.
Commissioner Eggert questioned the scope of what is being
done, and asked whatever happened to the big air-conditioning
study that was supposed to be done because she has yet to see a
difference in the system.
Lynn Williams, Superintendent'of Building & Grounds
explained that staff is into the second phase of the
air-conditioning study and are at the point where they need to
look at the control systems to see if some modifications can be
made to improve what we have. They have taken some action on
8
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l�
somelof.the recommendations, but the control is really where the
majority of the problems lie.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
authorized the negotiation of a short -form contract
with Schemmer Associates, Inc., of Orlando, Florida,
for the first floor renovations, as recommended by
staff.
G. Special Election - Cit of Fellsmere
P Y
The Board reviewed the following memo dated 9/2/87:
TO: Don', C. Scurlock, Jr. DATE: September 2, 1987 FILE:
Chairman, BCC
SUBJECT: Fellsmere Special Election
on BCC consent agenda 9---s--87
nn Robinson
FROM: REFERENCES:
We have agreed to hold a special election for the City of Fellsmere
on November 10, 1987, at an estimated cost of $750. Their check
should accompany their request on your consent agenda of 9-,14-87.
9'
Because this is the third s-pecial election set so far this fall,
Ed Fry suggested we rename the Indian River Shores election on
November 10, so it will be 001-700-519-036.79 SPEC ELECT I R SHORES.
The Fellsmere special election account will.be 001-700-519-036.81
SPEC ELECT FELLSMERE. Please authorize $750_from BCC contingency
be placed in that account as part of your approval of the special
election for the City of Fellsmere on November 10, 1987.
Thankiyou,
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0) '.
authorized the request of the Supervisor of Elections
as set out in the above memo.
.D I
P 8 .19 9 BOOK 69 PacE 270
BOOK 69 PAGE 271
H. Resolution Authorizing Florida Dept. of Revenue to Designate
a Bank to Receive Local Option Gas Tax
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
adopted Resolution 87-84A, authorizing the Florida
Dept. of Revenue to designate a bank to receive the
Local Option Gas Tax; authorizing the bank so
designated to wire transfer said tax to a bank
designated by Indian River County.
RESOLUTION NO. 87- 84A
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AND
AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE, IN
ACCORDANCE WITH RULE 12-10.009 (F.A.C.) TO
DESIGNATE A BANK TO RECEIVE THE LOCAL OPTION
GAS TAX; AUTHORIZING THE BANK SO DESIGNATED TO
WIRE TRANSFER SAID LOCAL OPTION GAS TAX TO A BANK
DESIGNATED BY INDIAN RIVER COUNTY TO RECEIVE SUCH
FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIG-
NATED BY THE FLORIDA DEPARTMENT OF REVENUE TO
DEDUCT THE COST OF THE WIRE FROM THE AMOUNT
RECEIVED FOR TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted
Chapter 12-10.009, Wire Deposit of Revenue Sharing Funds, in
the Rules of the Department* of Revenue, State of Florida,
and
WHEREAS, it is in the best interest of Indian River
County, Florida, to receive the Local Option Gas Tax funds
by wire transfer;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. In accordance with 417.075, Florida Statutes, and
Rule 12-10.009, Florida Administrative Code, the Florida
Department of Revenue is authorized to designate a bank_to
receive the Local Option Gas Tax state warrant.
10
L_I
2. The bank so designated is authorized to wire
ransfer said Local Option Gas Tax funds to a bank
designated by the Board of County Commissioners of Indian
River County, Florida.
3. The bank designated by the Florida Department :of.
Revenue Is authorized to deduct the cost of the wire
transfer from the amount received for transfer.
The foregoing Resolution was offered by Commissioner
Bowman who moved its adoption. The motion was seconded
by Commissioner Eggert and, upon being put to a vote,
the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Absent
Commissioner Carolyn K. Eggert Aye
Commissioner Gary Wheeler Aye
The Chairman thereupon declared the Resolution duly
assed and adopted this 8th day of September, 1987.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
that ,there are three requests for amendments to the Comprehensive
Land Use Plan on today's Agenda, and he recommended that they be
covered under one ordinance at the end of the public hearings.
Separate ordinances would be required, however, for the rezonings01
+b
in each case. He noted that the second public hearing is for a
rezoning only. Director Keating explained that the Board has
seen all three Comp Plan amendment requests earlier this year and
had authorized them to be sent to the State for a 90 -day review
SEP 8.1987 11 BOOK . 69 FACE 272
L_
PIP -
SEP 8 1997
I.
Boa 69 PACS 273
period. Before final approval can be obtained, the State now
requires a second public hearing before the Board of County
Commissioners.
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 Daily
NOTICE — PUBLIC HEARING
Vero Beach, Indian River Count .Florida
y
Notice of hearing to consider the adoption of
a County ordinance rezoning land from: RM -6.
Multiple -Family Residential District to CG, Gen
eral Commercial District. The subject property i
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
located east of U.S. Highway 1, and south of In
than River Memorial Hospital.
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
The subject property is described aF
BEGINNING AT A POINT 660 FEET
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
WEST OF THE NORTHEAST CORNER
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
OF THE SOUTHEAST - QUARTER OF
THE NORTHEAST QUARTER OF SEC-
TION 35, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, RUN SOUTH 274.87
a (/.y'
FEET TO POINT OF BEGINNING;
THENCE WEST 763.29 FEET: THENCE
)�
(/
RUN SOUTH ALONG THE VERO BEACH
CITY LIMIT- LINE 185.46 FEET: THENCE
in the matter of
EAST 686.0 FEET: THENCE NORTH
173.13 FEET TO POINT OF BEGINNING,
CONTAINING 3 ACRES, MORE OR
LESS:and
A public hearing at which parties in interes
in the Court, was pub-
and citizens shall have an opportunity to Iil
heard, will be held by the Board of County Com
missioners of Indian River County, Florida, in the,
/ t^
County Commission Chambers of the County
lished in said newspaper in the issues of4�• !O, �G
Administration Building, located at 1840 25th
Street, Vero Beach, Florida on Tuesday. Septem-
ber 8, 1987, at 9:05 a.m.
The Board of County Commissioners may
grant a less intense zoning district than the dis-
tricf requested provided it is within the same
general use category.
- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Anyone who may wish to. appeal any decision
Vero Beach, in said Indian River County, Florida, and that the saewspaper has heretofore
which may be made at this meeting will need to
that a verbatim record of the proceedings
been continuous)nsure
y published in said Indian River County, Florida,Flori a, each daily and has been
is made, which includes testimony and evidence
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
upon which the appeal is based.
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
Indian River County `
Board of County Commissioners
advertisement; and affiant further says that he has neither paid nor promised any person, firm
By -s -Don C. Scurlock, Chairman
I
or corporation any discount, rebate, commission or refund for the purpose of securing this
Aug. 18, 1967,
advertisement for publication in the said newspaper.
Sworn to and subscribed before a this day of A.O. 19
u es nager)
/0�
(Clerk of the Circuit Court, Indian Riv r County, Florida)
(SEAL)
12
,The Board reviewed the following staff recommendation:
TO: The Honorable Members DATE: August 18, 1987 FILE:
of the Board of County
Commissioners
P1
FROM:
ION HEAD CONCURRENCE:
SUBJECT:
eatµngI
ng & DedelopmLnt Director
PENN MOBIL PARTNERSHIP/
HATALA/STENGER REQUEST
TO AMEND THE COMPRE-
HENSIVE PLAN AND REZONE
3 ACRES
avid C. Nearing REFERENCES:
taff 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 September 8, 1987.
DESCRIPTION & CONDITIONS
Michael O'Haire, an agent for Penn Mobil Partnership, Ronald
Hat la and Daryl Stenger, the owners, is requesting to amend the
Comprehensive Plan by redesignating 3 acres located 200 feet east
of J.S. 1 and south of 35th Street from MD -1, Medium -Density
Residential 1 (up to 8 units/acre), to MXD, Mixed -Use District
(up ito 6 units/acre), and to rezone this property from RM -6,
Multiple -Family Residential District, (up to 6 units/acre), to
CG, 'General Commercial District.
The owners would like to develop this property for retail
businesses and mini -storage facilities.
On March 12, 1987, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of amending the Comprehensive Plan
and rezoning the West 150 feet of the subject property. The
Planning and Zoning Commission denied the request for the east
550 feet of the subject property because of the configuration of
the subject property which is extremely deep east -west and narrow
north -south. The applicants have appealed this decision.
On April 14, 1987, the Board of County Commissioners voted 5-0 to
transmit this request to the Department of Community Affiars.
Ther motion also stated that they preferred that the entire
depth of the property be designated as MXD, and that staff
initiate a comprehensive plan amendment to establish a larger
mixd use district along the corridor between the MED node and
the North Relief Canal.
The comment received from the,.department of Community Affairs and
all other reveiwing agencies concurred with the request and found
it o be consistent with their plans.
:RNATIVES & 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 -
men al quality.
L
3 BOOK 6.9 'PAGE 274
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Existing Land Use Pattern
BOOK : 69 PAGE 275
The subject property is undeveloped. North of the subject
property are single-family residences and mobile homes zoned
RM -6. East of the subject property is undeveloped land zoned
RM -6. South of the subject property are single-family dwellings,
mobile homes and vacant land in the County zoned RM -6 and
single-family dwellings, vacant land and a used car dealer in the
City of Vero Beach zoned commercial. West of the subject
property is a single-family house with a detached garage and
accessory apartment in the City of Vero Beach zoned commercial.
Further west is U.S. 1 and the F.E.C. railroad.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land east, south and immediately north of it as MD -1,
Medium -Density Residential 1 (up to 8 units/acre). Approximately
150 feet north of the subject property is the 205 .acre
hospital/ commercial node centered around Indian River Memorial
Hospital. The land west of the subject property is designated
commercial by Vero Beach's Comprehensive Plan.
During the Spring of 1986, the City and -County planning staffs
studied the area around the subject property to determine the
appropriate zoning. At that time, the City was considering
detaching the area east of U.S. 1 and north of the Main Relief
Canal from the City Limits. The County Planning staff
recommended that if the property was detached from the City that
the County establish an MXD, Mixed Use District, running 350 feet
east of the existing east right-of-way line of U.S. 1 from 35th
Street south to 33rd Street and zone this area CL, Limited
Commercial District. The Board of County Commissioners
considered this recommendation in June of 1986 and agreed with
the staff recommendation for the MXD area but felt that the CG,
General Commercial District, would be more appropriate.
Originally in analyzing this request, staff relied on the work
done in 1986 and felt that the west 150 feet of the subject
property should be designated MXD and rezoned to CG. This would
be compatible with the City's commercial zoning and commercial
land use designation for the 200 foot strip of property lying
west of the subject property and east of U.S. 1. The applicants
would then have commercial zoning for a depth of 350 feet from
U.S. 1. However, after reviewing the situation and the area
surrounding the subject property, staff has found that the
applicantsi property is only .one of several long narrow parcels.
Since staff generally attempts to avoid splitting property
between two different zoning districts, though sometimes
unavoidable, it would be best to permit the greater depth for
commercial. This would encourage land assembly for larger
projects which are generally easier to develop properly.
Further, staff has followed the direction of the Board and has
initiated a comprehensive plan amendment to examine the
possibility of establishing a larger MXD area surrounding the
subject site. Staff anticipates that this matter will be placed
before the Board in October of this year for their initial review
and comment.
Transportation System
The subject property will have access to U.S. 1 (classified as an
arterial street on the County's Thoroughfare Plan). The maximum
development of the subject property under CG zoning could
generate up to 2741 average annual daily trips (AADT). U.S. 1
currently handles 21,900 AADT in this area at level -of -service
"C". This additional traffic will not diminish this
_revel -of -service.
14
Environment
Thele subject property is not designated
sensitive nor is it in a flood -prone area.
Utilities
Water is available for the subject property.
facilities are not available.
as environmentally
County wastewater
Based on the above analysis, including the Planning and Zoning
Commission's recommendation and the comments received from the
Department of Community Affairs, staff recommends that the Board
of County Commissioners approve this request for a comprehensive
plan amendment to designate the entire subject parcel as MXD and
to r zone the subject parcel to CG, General Commercial. _
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard.
Attorney Michael O'Haire, representing the applicants,
recalliled that in March the Planning & Zoning Commission voted 5-0
to amend the Comp Plan and rezone the property and in April the
Board, of County Commissioners approved the submittal to the State
for their review by a vote of 5-0. He urged the Board to approve
the applicants' request.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the requested amendment to the Comprehensive
Land Use Plan and adopted Ordinance 87-51, rezoning 3
acres from RM -6, Multiple -Family Residential, to CG,
General Commercial.
01
ABOW ACTION WILL BE INCLUDED IN AN ORDINANCE ADOPTED WHEN ALL
TODA)�'S COMP. PLAN AMENDMENT APPLICATIONS ARE DEALT WITH.
15 BOOK 1�,� PACE 276 .
SEP 8.198
F,
J
BOOK07 PA,,
ORDINANCE NO. 87- 5 _
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:
BEGINNING AT A POINT 660 FEET WEST OF THE NORTHEAST CORNER
OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
35, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 274.87 FEET
TO POINT OF BEGINNING; THENCE WEST 763.29 FEET; THENCE RUN
SOUTH ALONG THE VERO BEACH CITY LIMIT LINE 185.46 FEET;
THENCE EAST 686.0 FEET; THENCE NORTH 173.13 FEET TO POINT OF
BEGINNING, CONTAINING 3 ACRES( MORE OR LESS; AND
Be changed from RM -6, Multiple -Family Residential District to CG,
General Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 8th
Of September 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Bye.,, G
Don C. Scurlock, Jr. hairman
16
day
PUBLIC HEARING - GURIAN REQUEST TO REZONE 10.4 ACRES FROM RM -6,
MULTI -FAMILY RESIDENTIAL, TO CL, LIMITED COMMERCIAL
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
J
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at VeroBeachin Indian River County, Florida; that the attached copy of advertisement, being
In the matter of��+ SCJ 7vt
In the
// � Court, was pub.
lished in said newspaper In the Issues of - / % //21/ -7 ov
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in -said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; 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
advertisement for publication in the said newspaper. o
Sworn to and subscribed before a this day of �G�G�j • A.D. 19 a
i
•
Uk4u es nageq
(SEAL) (Clerk of the Circuit Court, Indian RIvWCounty, Florida)
A to
tied Commercial 01etriCt. The wbjaet property m
°ria Street between US No
o
way t end Old Diem Highway.
The aubjedt property Is described ss:
parcel 1: The north 10 acres of the
southeast arm -quarter of am southwest
mua� � ad of State Re" 4. and
West • one. See.
bon 3. TownshipSouOn. Range 39 .
ea a arid
P 22: That portion of the sonar at► .
is ,half of the north one -had of the aou1M
sad one-quarter of the aouthwasl one.
•`quarter Iyy1b west of tine Florida Ead
V ; Corset fiaUro d, rasa portion lying east of
new U.S. Highway. No. One. as in official
Oak 02
rornehip 32 L..=341, SWUM 3.
0
utfn. Range 39 east 3.
Parcel 3: The north ago feet of the east
''one-half of the south one-half of the
southeast one-quarter or the southwest
- one-quarter. east of the railroad rlghtof-
wey and wen of the west rghtof-way
Me for new U.S. Highway Ons, Section
3. Township 32 south. Range 3s east
saki land lym9 and being in Indian River
County. Florida. . I
.A pdWlc nearing at which parties minfma�
and citixene shall have an opportunity to be
heard, will be held by the Board of County Com-
miesiarnero of Indian River Courcy. Florida, In the
County Commission Chambers of the Cathy
Administration Building, located at 1840 25th
Street Vero Beach. Florida on Tuesday. Septem-
ber 8. 1987. at 9:05 a.m.
The Board of County Commdaabrdrs may
grant Was intense i0owthe editt requested provided4 ilthe same
general use category.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim rated of qhs proceedogs
Is made. which includes harmony and evidence
upon which the appeal a based.
Indian River Courcy
Board of county Commis mere '
Aug. le.lear
ByWon C. Scurlock. m Cham,
.. ..t
e Board reviewed the following memo dated 8/18/87:
TO: T"onorable Members DATE; August 18, 1987 FELE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: FABIO SANDRIN GURIAN
Robe t M. Ceat' g, VICP REQUEST TO REZONE 10.4 _
Plan ing & Development Director ACRES FROM RM -6, MULTI-
FAMILY RESIDENTIAL TO CL,
LIMITED COMMERCIAL
FROM: Dvia C. Nearing, b REFERENCES:
S aff Planner, Long -Range Planning
It's requested that the data herein presented be given
cons aeration by the Board of County Commissioners at
regu err meeting of September 8, 1987.
formal
their
17 BOOK 69 , PACE 27'8
SEP 8 187
r
SEP' 1987�+n
800K ���IJ 7 FACE 279
r
DESCRIPTION & CONDITIONS
Mr. Fabio Sandrin Gurian has requested a rezoning of 3 contiguous
parcels equaling 10.4 acres of land located between U.S. Highway
1 and Old Dixie Highway and south of 71st Street and north of
69th Street. The request is to rezone from RM -6, Multiple -Family
Residential District (up to 6 units/acre) to CL, Limited
7r Commercial District.
On July 23, 1987, the Planning and Zoning Commission voted 5-0 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 site is currently undeveloped. North of the subject
site across Cemetary Road is vacant property zoned RM -6; east
across U.S. 1 is the Ocean Spray facility and groves zoned CH,
Heavy Commercial. South of the subject site is a warehouse zoned
CH, and west across Old Dixie Highway and the F.E.C.R.R. is
vacant land zoned IL, Light Industrial. Traditionally,
multi -family zoning is used to buffer less intense residential
uses from commercial and industrial uses. However, in this case
the RM -6 zoning in place on the subject parcel is not acting as a
buffer except between CH east of the site and IL zoning west of
the site. Placing CL zoning on this site will create a
transitional area of less intense commercial between the CH to
the east, the IL.to the west, and the RM -6 to the north.
Future Land Use Pattern
The subject property and all land north, east, south and west are
noted in the Comprehensive Plan as MXD, Mixed Use District. The
subject property is also within the boundaries of the adopted
Winter Beach Small Area Plan and designated residential on the
Winter Beach Precise Land Use Map. The staff, however, feels
that the PLUM's designation of this property as residential was
an oversight. Occasionally, staff will find such cases as this
when reviewing individual requests on a parcel specific basis and
comparing results to a broader small area plan. In this case,
approval of the request would have no significant impact upon the
integrity of the small area plan. It is the staff's position
that the property would provide a more logical transition buffer
by being zoned CL.
Transportation System
The site is bounded on the east by U.S. 1, classified as an
arterial road on the County Thoroughfare Plan; by Old Dixie
Highway to the west, classified as a secondary collector; and by
Cemetary Road on the north, classified as a local road. Current
Level of Service (LOS) for U.S. 1 and Old Dixie' is LOS "A" : - At
maximum potential development for commercial use, the site should
not reduce the current LOS "A"on the adjacent roadways.
18
Environment
The subject property is not within a flood prone area. However,
the national wetlands inventory does show a freshwater emergent
wetland area and a forested wetland area on the site. This site
would require intense review by the DER, Army Corp., and St.
JohnWater Management during the review of any proposed
deve opment, whether retail or residential.
Utilities
Currently, public utilities are not available to the site. The
Utilities Division does anticipate having a regional wastewater
plant on line in this area within two years.
RECOIMMENDATION
Based on the analysis performed, staff recommends approval.
ommissioner Bowman questioned the implications of this
emerg,nt wetland area, and Staff Planner David Nearing explained
that portions of the site do have some characteristics of
emerglInt wetlands; however, during the site plan process the
appii ant would have to show beyond a shadow of a doubt that this
land is not environmentally sensitive, or if it is, show how they
could',mitigate any impact.
Commissioner Bowman asked how you mitigate water storage
areas', and Director Keating advised that they would have to
comply with all the requirements of the County's stormwater
manag'ment ordinance and not create any adverse impact.
Chairman Scurlock pointed out that, in fact, they may not be
able to do that.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard in this matter.
Attorney Michael O'Haire, representing the applicant,
emphasized that the rezoning is irrelevant to the concerns
expressed by Commissioner Bowman. If there is a problem, it will
have to be addressed during the site plan process, regardless of
whether it is zoned multiple -family or light commercial. The
rezoning does not affect or aggravate the problem one way or
another. He believed that the subject property located between
the FEC railroad tracks and U.S. #1 would never be used as
multiple -family residential,
19 n Q
SEP .19, .7 BOOK 69 ' FACE280
SEP 8 1987 BOOK 69 FACE 2rJ1
r
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
adopted Ordinance 87-52, rezoning 10.4 acres from RM -6,
Multiple -Family Residential, to CL,Limited Commercial
District.
ABOVE ACTION WILL BE INCLUDED IN AN ORDINANCE ADOPTED WHEN ALL
TODAY'S COMP. PLAN AMENDMENT APPLICATIONS ARE DEALT WITH.
ORDINANCE NO. 87- 52
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 contiguous parcels of property situated
in Indian River County, Florida, to -wit:
20
Parcel 1: The north 10 acres of the southeast one-quarter of
the southwest one-quarter, east of State Road 4, and west'of
New, U.S. Highway No. One, Section 3, Township 32 south,
Range 39 east; and
Parcel 2: That portion of the south one-half of the north
one-half of the southeast one-quarter of the southwest
one-quarter lying east of the Florida East Coast Railroad,
less portion lying east of new U.S. Highway No. One, as in
official records book 102, page 341, Section 3, Township 32
south, Range 39 east; and
Parcel 3: The north 450 feet of the east one-half of the
south one-half of the southeast one-quarter of the southwest
one-quarter, east of the railroad right-of-way and west of
the west right-of-way line for new U.S. Highway One, Section
3, Township 32 south, Range 39 east; said land lying and
,being in Indian River County, Florida.
Be changed from RM -6, Multiple -Family Residential District to CL,
Limited Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
sioners of Indian River County, Florida on this 8th day
of September, 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By � G
Don C. Scurlock, Jr.Oh—airman
ATTEST BY:
WR4T�; C(Jerk
PUBLIC HEARING - DEVELOPMENT PARTNERS, INC. REQUEST TO AMEND THE
COMP PLAN AND REZONE APPROX. 4.4 ACRES FROM RM -6 to GENERAL
COMMERCIAL
e hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
21 BOOK 69 PACE 2S
(SEP 8 -Lr =i
S
VERO BEACH PRESS -JOURNAL j
Published Daily
Vero Beach, Indian River County, Florida
•
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Notce
eA uCi jg
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
Bernal
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
fnmme ,
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
rronh of
The
,THE
.. 51t9.
a
TOY
ERP
In the matter of
Rt
cz
THE
ca
In the
Court, was pub- A pub9c
and
lashed in said newspaper In the issues of �
Affiant further says that the said Vero Beach Press•Joumal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; 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
advertisement for publication in the said newspaper.
Sworn to and subscribed "for a this day of zeA.D. 19 r7
n anger)
(Clerk of the Circuit Court, Indian Ftvdr County, Florida)
(SEAL)
Boa 69 PAGE 203
g tend M-8.
tiatriel to Cha.
Of Vero Beach
of 58th Avarice `
Which pew In interest
,a an opporNNtwt^ e _
Street. Vero Beach. Florida on leeway.
ber 9. 1997, at 9:95 a.m.
The Board of Comely mai
grant a less intense >nnn9 "h nt
the di"
trict requested proud
general ne Who�m8 Wish h appeal a" dedmtC
0d
Which may be made at this meethrhg vri5 need
enwre that a verbatim me -d of me "mceeduhgt
upmaiov which
the app is based. and evhdmhea
Indian River county
By _ c• suuiocx. ChairmanAugAI 997 - .•.•
Planner David Nearing made the staff presentation, as
follows:
TO: The Honorable Members DATE: August 19, 1987 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
41 SUBJECT: DEVELOPMENT PARTNERS,
Robert M. Keatin , AI INC. REQUEST TO AMEND THE
Planning & Developmen Director COMPREHENSIVE PLAN AND
AND REZONE APPROXIMATELY
4.4 ACRES
FROM: p�a REFERENCES: _
David C. Nearing
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 September 8, 1987.
DESCRIPTION & CONDITIONS
Development Partners, Inc., an agent for the Beach Bank, the
trustee, is requesting to amend the Comprehensive Plan by
redesignating 4.4 acres from LD -2, Low -Density Residential 2 (up
to 6 units/acre), to Commercial, and to rezone from RM -6,
Multiple -Family Residential District, to CG, General Commercial
District. The applicants intend to develop the subject property,
CI
22-
C I
2_
and 1' contiguous acres to the south, for a shopping center. The
appli ants are making this request so that they can align their
entra ceway on the westside of Kings Highway with the existing
entra ceway to Ryanwood on the eastside of Kings Highway.
Because the County's Comprehensive Plan is structured to
concentrate commercial, development in nodes, and because of the
subject property's location adjacent to the existing Kings
Highway and State Road 60 node, this application is considered a
request to enlarge the existing node from 160 to 165 acres.
On March 6, 1985, the Board of County�'Commissioners enlarged the
King' Highway and State Road 60 node from 140 to 160 acres.
On April 10, 1985, the Board of County Commissioners adopted an
ordinance establishing boundaries for the 160 acre Kings Highway
and State Road 60 node.
On March 12, 1987, the Planning and Zoning Commission voted
3 -to -2 to�recommend approval of these requests.
On Apllril 14, 1987, the Board of County Commissioners voted 5-0 to
transmit this request to the State Department of Community
Affairs (DCA) for their review and comment. The DCA's response
note this request as being in
regional plans.
& ANALYSIS
conformance with all state and
In tris section, an analysis of the reasonableness of the appli-
cati n will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
roun ing areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The 'subject property is undeveloped. North of the subject
property is a 10 acre parcel of land which is undeveloped and
zoned RM -6. Further north, approximately 350 feet north of the
subj ct property, -is Rivera Estates, a single-family subdivision
zone RS -6, Single -Family Residential District (up to 6
unit /acre). East of the subject property, across Kings Highway,
isyanwood Shopping Center zoned CG. South of the subject
proprty is undeveloped land and a bank zoned CG. Further south,
acro s State Road 60, is undeveloped land, a fruit stand, a
sing e -family residence and a water tower zoned CG. West of the
subject property is undeveloped land zoned RM -6, Multiple -Family
Residential District (up to 6 units/acre).
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land north and west of it as LD -2, Low -Density Residential 2 (up
to 6 units/acre). The land east and south of the subject
property is included in the Kings Highway and State Road 60
commercial node.
In
appl.
alyz.ing this request, staff looked at the amount of
cial acreage available in this node and analyzed the
ant's request from the aspect of aligning the entrance to
23
S E P
BOOK 69 'PA cE 284
SEP 8 1987 BOOK 69 FAGE285
the proposed commercial development on the west side of Kings
Highway with the existing entrance to Ryanwood on the eastside of
Kings Highway. Currently, this node contains 160 acres with the
acreage broken down as follows:
1)
Winn-Dixie Shopping Center and adjacent
commercial uses west of 43rd Avenue
6.38
acres
2)
Indian River Farms Drainage District
office and Mobil Service Station
.59
acres
3)
Ed Schlitt Agency
.19
acres
4)
First Union West Side Banking Facility
1.79
acres
5)
Ryanwood Shopping Center
18.68
acres
6)
Oak Terrace Restaurant Site
2.1
acres
7)
Vacant Commercial property located east
of Kings Highway
70.81
acres
8)
County water tower & City power
substation
1.53
acres
9)
Florida National Bank
2.0
acres
10)
Vacant Commercial property located west
of Kings Highway
55.94
acres
Based on this acreage breakdown, there are 33.26 acres of land in
the node which are developed in commercial uses, and 126.75 acres
which could be developed for commercial use. The existing
commercial development represents approximately 21 percent of the
acreage of the node. In August of 1985, the existing commercial
development in the node accounted for 11.05 acres or 7 percent of
the acreage of the node. While there is still a large amount of
land in the node available for development, the percentage
devoted to commercial use has increased rapidly and is
anticipated to continue to increase as the State Road 60 corridor
continues to develop.
In analyzing the applicant' s•. desire to align their entranceway
with Ryanwood's entrance on Kings Highway, staff notes that it is
desirable to align such entranceways from a traffic circulation
standpoint and that the alternative is to have an entranceway to
the property on the westside of Kings Highway located closer to
State Road 60. Staff also notes that if the subject property is
included in the node and rezoned commercial there would be a ten
acre parcel of land left between the subject property and the
single-family subdivision to the north which could be developed
for multiple -family residences to create a land use buffer.
Transportation
The subject property has direct access to Kings Highway
(classified as an arterial street on the County's Thoroughfare
Plan). If developed with the property to the south, direct
access would also be available to State Road 60 (also classified
as an arterial street). Development of the subject property and
the adjoining 18 acre parcel of land for a shopping center could
generate up to 9,868 average annual daily trips (AADT). State
Road 60 currently carries approximately 14,000 AADT at
level -of -service "A". Kings Highway currently carries 5,100 AADT
at level -of -service "A". This additional traffic would not lower
the level -of -service on .State Road 60 or Kings Highway.
Moreover, Kings Highway is scheduled to be rebuilt as a four -lane
divided road with left turn lanes during 1987 which will improve
traffic conditions in this area.
24
Environment
The'subject property is not designated' as
sensitive nor is it in a flood -prone area.
Utilities
environmentally
water and wastewater facilities are available.
NDATION
Based on the above analysis, staff recommends that the Board of
County Commissioners grant the applicant's'request to enlarge the
Kings Highway/S.R. 60 node from 160 acres to 165 acres and to
grant the rezoning from RM -6 to CG.
,The Chairman asked if anyone present wished to be heard.
the �Attorney Michael O'Haire came before the Board representing
pplicant. He noted that this, of course, has been before
the Board previously, at which time it was determined to transmit
it t the Dept. of Community Affairs.for review. The property is
located near the intersection of SR -60 and Kings Highway just
westlof Ryanwood Shopping Center, and the real purpose of the
request is to move the commercial zoning 150' northerly so the
alignment will coincide with that of Ryanwood and move it further
away from the intersection. He was aware that the people in the
near y single family subdivision are concerned, but pointed out
there does remain between that subdivision and the proposed
rezoning a 350' parcel zoned multiple family, which he believed
is ark adequate buffer. He further noted that all this will have
to go through site plan approval, and felt any concerns they
might have will be addressed during that process. Mr. O'Haire
stated that the overriding factor is traffic and access, and
asked that the Board grant the small addition they are asking
for.:i
Doris Almond, 5875 23rd St., informed the Board that her
backyard runs into the 350 foot buffer discussed by Attorney
O'Haire, but that 10 acre buffer actually is a very narrow
elongated piece of property, and the residents' concern is that
at a later date someone will come back and say they want this for
SEP 8 1987
25 BOOK _ 69, PaeE 2$6
4 I
s
BOOK 69 Pace 28 7
parking or whatever for these stores. Rivera Subdivision has two
streets of residential, and people bought there in good faith
that it was residentially planned back in 1959. Mrs. Almond
noted that the front section this parcel adjoins is comae-rcial,
and it can stay that way and be used for a strip shopping center.
She then stressed the traffic problems and stated the residents
take their lives in their hands whenever they try to turn across
Kings Highway to enter 23rd St.; in fact, sometimes they have to
overshoot and go to 24th Street to avoid being rear-ended. She
felt to make another driveway directly opposite Ryanwood's
entrance is ridiculous. Next Burger King will want access into
Kings Highway, and the bank, too, wants more access. There are
86 homes in their subdivision and children wait on that corner
for the bus, and that is exactly where the street narrows down.
Actually, there are only 11 stores occupied in Ryanwood, and two
stores have closed since Ryanwood opened; so, Mrs. Almond did not
see the need for more stores and more traffic in this location.
Barbara Bonnah, 5845 23rd St., noted that the residents of
Rivera Subdivision are back before the Board once again, but at
least this time they aren't following The Promenade hearing as
they did before when the Board had heard all the same arguments
at great length. Mrs. Bonnah, noted that, as the Board knows,
she works here and week after week hears the requests for more
development; out-of-town developers build these projects and then
exit and leave these white elephants behind. She believed it can
be clearly seen how development on just one corner of the inter-
section of SR -60 and Kings Highway has impacted that entire
intersection. She asked Planning Director Keating if any site
plan applications have been submitted for the southwest corner of
the intersection which is already zoned commercial.
Director Keating advised that, to his knowledge, no site
plans are on board at this time. They have had several pre -
application conferences with people, but no actual site plans
26
have been submitted for either of the two quadrants at that
intersection.
Mrs. Bonnah stated that she does not like out-of-town
developers coming in and spoiling neighborhoods, and emphasized
that there is no need to expand the commercial node at this time.
The applicants want a driveway to coincide with Ryanwood's, but
to ge't that, they have to have another 5 acres. Mrs. Bonnah
wanted to know if the 10 -acre buffer of multiple -family
resid'Iential were to be developed, how those people would get
access to Kings Highway. She agreed with Mrs. Almond that the
shopping center should should have been built along the frontage
on S-60 and be strip commercial with internal access roads which
woul I service the bank also. She pointed out that these
developers know going in that they have a problem, and she felt
Burger King may well have a problem and come back at a later time
to request separate access to Kings Highway. Mrs. Bonnah
emphasized that the residents are afraid that the developers will
comeback with requests for just a little bit more and a little
bit more, until they have commercial right up to their back
yards. They expect the developer to use the argument that the
remaining 10 acres is not properly suited for multiple family
resi entiai which is what it is zoned at presently. If that
happens, the residents will be here in full force protesting the
rezoning. She noted that she had never dreamed commercial
development would reach so far north from SR -60, as the
subdivision is a quarter mile off that highway. Her subdivision
already has been terribly impacted by Ryanwood. Just because
Ryanood needed water and sewer, 23rd Street was dug up for
months, only to have the utility lines serve just one street in
the! subdivision. In conclusion, Mrs. Bonnah could not
unde stand why the State didn't come in with some comments about
the need for expanding that huge node when so little of it is
actuily developed. She urged the Board to turn down this
request for expansion of the node.
10
EP ��� 27 BOOK OU PAGE250
4r
BOOK 69 PACE 289
Commissioner Eggert understood that the intention is to
install a light where the two shopping center entrances coincide
on Kings Highway, and Director Keating felt that future traffic
counts would justify the installation of a light.
Commissioner Eggert asked if traffic from the multiple -
family area, when it is developed, could use the driveway that
would be built to coincide with Ryanwood's, and Director Keating
advised that it could. Staff would certainly look at that
possibility when a site plan came in and try to consolidate
entrances. A determining factor would be if they came in for
multiple family or single family, because with it being zoned
RM -6, they could come in with either.
Jack Almond, 5875 23rd -Street, stressed that the inter-
section at SR -60 and Kings Highway is terribly busy, and the
traffic backs up on Kings Highway going north past 23rd and 24th
Streets. He pointed out that there is no left turn signal for
turning onto Kings Highway from SR -60, and you have to wait until
on -coming traffic clears before turning left. This is hard to
do, and they have noticed that many people become impatient and
turn anyway. Mr. Almond maintained that southbound traffic
lining up at the intersection of Kings Highway and SR -60 would
stack up all the way back to a light installed at the entrances
to the two shopping centers. Mr. Almond stated that they have
seen and heard some 6 or 8 accidents on Kings Highway just where
the 4 lanes narrow down to 2 lanes at the entrance to*23rd
Street, and someone was critically injured recently when a car
crashed into a utility pole there. Mr. Almond realized that
accidents do happen, but he felt that certain things do tend to
create a situation where accidents are more prone to happen. He
did not believe he has seen that situation anywhere else on a
highway. In conclusion, Mr. Almond emphasized that the traffic
situation is horrendous now, and did not see how it would get any
better with these two driveways lined up within a few hundred
28
E7
1
feet'lof SR -60. He urged the Board to consider the traffic
situation in their decision.
Attorney O'Haire explained that the traffic is going to be
them regardless of whether or not this rezoning is granted.
Stor s are going to be built at the corner of SR -60 and Kings
Highway regardless of whether or not the node is expanded. All
they,are trying to do is cure a problem, not aggravate a problem
and that can be done by aligning the two entrances. He stressed
that,the traffic is not going to go away, and therefore, all we
can do is work on alleviating the situation that is there. The
350 -ft. buffer will be there, but all of these traffic consid-
erations are site plan considerations. Attorney O'Haire urged
the Board to consider a signal there because in time the stores
are doing to fill up, the property will be developed, and the
traffic situation will only get worse.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
Commissioner Eggert realized there were frustrations in this
situation, but very much felt that this alignment of entrances
should be made. However, she wished to see the Transportation
Planning Committee and Public Works take a took at the area
around 23rd and 24th streets because there seems to be an
exag era"ted problem since the changes have been made, and also
check to see if the signalization at SR -60 and Kings Highway is
the best it could be.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, that the Board approve the
request to amend the Comprehensive Land Use Plan and
- adopt Ordinance 87-53, rezoning approximately 4.4 acres
from RM -6, Multiple -Family Residential to CG, General
Commerciaf, as requested by Development Partners, Inc.
Commissioner Wheeler asked how far north is the entrance to
Ryan*ood, and Public Works Director Jim Davis advised that the
2 9
S EP BOOK 69 PAGE 290
P
S E P S 1957
BOOK 69 mcE 291
Kings Highway entrance is at least 700 ft. off of SR -60, and
pointed out that the left turn arrow was eliminated by the DOT
when we submitted the application to modify the signals at that
intersection.
Commissioner Eggert asked if the lefthand turn arrow could
be reinstalled, and Director Davis advised that staff will
communicate with the DOT to see if they will permit it.
Commissioner Bowman felt that we made a mistake by narrowing
Kings Highway down from 4 lanes to 2 at the entrance to 23rd
Street and that the 4 lanes should have been extended to 26th
Street (Walker Avenue). She felt another mistake is that we
should have considered an entire internal.road system for
development in this area, and that would have solved the whole
problem.
Director Davis explained that the reason the transition
occurs at 23rd Street instead of at 26th Street is because we do
not have the right-of-way north of Rivera Estates, and
acquisition of that right-of-way would have been very costly.
Commissioners Bowman and Wheeler wished to know if there
would be only one access to Kings Highway for this site, and
Director Keating stated that would depend on the volume of
traffic and what it would warrant. This 4.4 acres is a part of
the property to the south which surrounds the bank building.
This will be a pretty large site when it comes in for
development, and we are anticipating an internal system so that
traffic can move between separate facilities.
Director Davis reported that Engineering is anticipating
that any access to SR -60 would be right turn in and right turn
out. We would prohibit left turn movements, which is what was
recommended for the bank site just recently. It is that left
turn movement when you turning across two directions of traffic
that is the most critical and hazardous movement, and we would
like to consolidate that movement at one location and prohibit it
at others.
30
M
Commissioner Bowman believed the situation is bad there now
becalse there is no left-hand turn arrow for the stacking lane on
I
SR -60'. wanting to turn north onto Kings Highway and traffic is
bloc'ing traffic in the left lane of eastbound SR -60. A serious
asci ent occurred there just the other day.
;Director Davis explained that the traffic volumes did not
meet the requirements for a left-hand turn arrow, but felt that
traffic counts would be sufficient once the Burger King opens.
He advised that it is not an arbitrary decision; it is a decision
based on sound traffic engineering.
Commissioner Eggert asked if it made any difference if there
are accidents occurring there, and Director Davis assured here
that accident history is a major consideration.
Chairman Scurlock felt it was unfortunate that accidents
have to happen before justification is made to install a light.
ommissioner Bowman believed the residents in Rivera Estates
Subdivision wish to see the 10 -acre buffer zoned to Professional
Office District. She asked which land use generates the least
traffic.
Director Davis advised that Professional Office is less than
Commercial, but it depends on the type of commercial. Multiple
Family would attract less than Professional Office and
Commercial, but again, it depends on the type of development and
the densities.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously (4-0).
ABOVE ACTION WILL BE INCLUDED IN AN ORDINANCE ADOPTED WHEN ALL
TODAY'S COMP. PLAN AMENDMENT APPLICATIONS ARE DEALT WITH.
31
SEP 8 19187 BOOK 69 FACE2.�2
41
BOOK 69.4 wr 293
ORDINANCE NO. 87Ri
-
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 150 FEET OF THE NORTH 509.41 FEET OF TRACT 8,
SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO
THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY
AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN
INDIAN RIVER COUNTY, FLORIDA, LESS RIGHT-OF-WAY OF RECORD.
Be changed from RM -6, Multi -Family Residential District to CG,
General Commercial.
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 8th day
of September , 1987.
M
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By st G
Don C. Scurlock, Ji(.,/'Chairman
32
I
PUBLIIC HEARING - AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE
COMPPEHENSIVE PLAN
The Board reviewed the following memo 8/24/87:
TO: The !Honorable Members DATE: August 24, 1987 FILE:
of the Board of County
Commissioners
DIV SION HEAD CONCURRENCE:
SUBJECT: AMENDMENT TO THE TRANS -
Rob rt M. Keats g, P PORTATION ELEMENT OF THE - -
Community Development Director COMPREHENSIVE PLAN
FROM: REFERENCES: - -
Cheri J. Boudreaux
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 September 8, 1987.
DESCRIPTION & CONDITIONS
The ;Public Works Division has requested an amendment to the
Tran'portation Element of the Comprehensive Plan amending the
Thoroughfare Plan as follows:
I(1) Deleting 43rd Avenue between 53rd Street and 69th
Street as a primary collector;
(2) Adding 43rd Avenue as a secondary collector between
53rd Street and 57th Street;
In addition, the staff requests adding (3) three secondary
collector roads to the Thoroughfare Plan.
Specifically, .
p I scally, these roads are as follows.
S
(1) Adding 98th Avenue as a secondary collector from 87th
Street north to the Fleming Grant line;
(2) Adding 106th Avenue as a secondary collector, from C.R.
512 north to the Fleming Grant line;
(3) Adding 102nd Terrace as a secondary collector from C.R.
512 north to the Hetra Computer and Telecommunications
Industries facility located in Section 26 of Fleming
Grant.
On March 11, 1987, the Transportation Planning Committee
voted 6 -to -0 to recommend approval of the proposed amendments as
pres nted. 1.
On March 12, 1987, the Planning and Zoning Commission voted
5 -to -O to recommend approval of the proposed amendments to the
Transportation Element of the Comprehensive Plan amending the
Thoroughfare Plan.
33
L_ SEP 8 1
BOOK 69 -'In PAc4
M
P
WK 69 FA'GE 295
On April 14, 1987, the Board of County Commissioners voted 5 to 0
to authorize transmittal of this Comprehensive Plan amendment
request to the Florida Department of Community Affairs (DCA) for
a required 90 day review period. As originally presented, this
proposed amendment had included one additional request, that of
adding 45th Avenue as 'a north/south secondary collector between
65th and 69th Streets. Since the Board at its April 14, 1987,
meeting voted not to authorize transmittal of that request, the
request was then deleted as a part of the proposed amendment.
On July 17, 1987, the Planning Department received comments from
DCA relative to this Comprehensive Plan amendment application.
The DCA's comments on this request are as follows:
"The review indicated that the proposed amendments are
consistent with statutory requirement."
The DCA also submitted comments from the Treasure Coast Regional
Planning Council (TCRPC) and the Florida Department of
Transportation (FDOT). Their comments are as follows:
TCRPC: "The proposed amendments are not in conflict or _
inconsistent with the policies of Council's proposed
Comprehensive Plan."
FDOT: "The six proposed adjustments to the Thoroughfare Plan
appear consistent with planned future development and
anticipated traffic demands."
ALTERNATIVES & ANALYSIS
These requested amendments are based upon accommodating traffic
demand generated by existing as well as future planned growth
located in these areas.. In addition, the siting of the Bent Pine
development in the planned 43rd Avenue corridor north of 57th
Street warrants eliminating that road from the Thoroughfare Plan.
The requested addition to the Thoroughfare Plan of 102nd Terrace
as a secondary collector located next to Hetra Industries is
substantiated by the fact that eighty feet (801) of right-of-way
exists and a portion of the road is already paved.
Also, the County's Comprehensive Land Use Plan designates a 650
acre Industrial/Commercial Node at the intersection of I-95 and
C.R. 512. These 650 acres are designated for future industrial
and commercial development in this area and will require
additional major roads. The recent expansion of this node to 650
acres justifies the addition of 102nd. Terrace, 106th Avenue, and
85th Avenue to the Thoroughfare Plan as secondary collectors.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation and the Transportation Planning
Committee's recommendation, staff recommends approval of these
changes to the Thoroughfare Plan as an amendment to the
Transportation Element of the Comprehensive Plan.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There being none, he
declared the Public Hearing closed.
34
M
M
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the amendment to the Transportation Element of the
Comprehensive Plan, as recommended by staff.
ACTION WILL BE INCLUDED IN AN ORDINANCE ADOPTED WHEN ALL
TODAN�IS COMP. PLAN AMENDMENT APPLICATIONS ARE DEALT WITH.
9RDIOANCE TO AMEND THE COMPREHENSIVE LAND USE PLAN
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
i
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that hee Is�Business Manager of the Vero Beach Press -Journal, a daily newspaper published
et Vero eGGY n Indian River County, Florida; that the attached copy of advertisement, being
In the matter ofI�!/'ZUJ�ilGIl1,G
In the Court, was
lished in said newspaper in the issues -f z- • Ij //T?
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published ate,
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid not promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscriW beige me^s #7 liP. day of�!�D.19
of the Circuit Court, Indian River
(SEAL)
r%
a
35
S E P 8 19 7 BOOK 69 PAGE 26 ''.
UP 1987 BOOK 69 PAGE 297
P
s-
Lir ' _ .. ._ � ty �. '� � :c w � ;tet} .-�ti L Arta'':aci`•
S+t ;
A: .SUBJECT PROPERTY -
t'!a$ ' A -t tl_�..� ; MED ..
iLl 1 t, _ MED
Per 41
r1tFw 1 i ns iNn - it
a t
;RM -8 awl-,jw t • FRA -0
: I r t ; F
if
ca
Go
STA
'vin �-5% b'i 4t.1.y. - P rY L .•.
lft+Fta u9 tv:y .:fir ,; i',: • ; +- _. :, : � �'+a
NOTICE OF CHANGE OF LAND USE . .
..,the Board of County Commissioners of Indian River County, Florida, proposes to
change the use of land within the areas shown in the maps in this advertisment. A
public hearing of the proposal will be held on Tuesday, September 8, 1987, at 9:05
of the County Administration Building, lo-
a.m. in the County Commission Chambers
cated at 1840 25th Street, Vero Beach, Florida. At this public hearing the. Board of
County Commissioners will consider the adoption of these amendments to the County's
Comprehensive Plan. The proposed amendments are included in a proposed ordinance
entitled:
r :� :•!
AN ORDINANCE OF INDIAN RIVER COUNTY; FLORIDA, AMENDING
THE LAND USE AND TRANSPORTATION ELEMENTS OF THE COMPRE-
HENSIVE PLAN; ENLARGING THE COMMERCIAL NODE AT S.R. 60
AND KINGS HIGHWAY FROM 160.
ACRES TO 165 ACRES, ESTAB-
'?'' ^ LISHING A MIXED USE DISTRICT ON THE EAST SIDE OF U.S. 1 SOUTH
OF 35TH STREET, ADDING SECONDARY COLLECTOR ROADS TO THE
COUNTY'S THOROUGHFARE PLAN IN THE AREA NORTH OF C.R. 512
.r AND EAST OF I-95, DELETING 43RD AVENUE BETWEEN 57TH STREET
AND 69TH STREET FROM THE THOROUGHFARE PLAN AND THE
TRANSPORTATION CAPITAL IMPROVEA�ENTS PROGRAM, RECLAS51- -.'.
FYING 43RD AVENUE AS A SECONDARY -COLLECTOR STREET BE
TWEEN 53RD STREET AND 57TH STREET; AND PROVIDING FOR
CODIFICATION, SEVERABILITY' AND EFFECTIVE DATE.
Interested parties may appear and be heard at the public hearing regarding these
proposed Comprehensive Plan amendments.
f The plan amendment application may be inspected by the public at the Community
Development Division offices located on the second floor of the County Administration
. g -Building located at 1840 25th Street, Vero Beach, Florida, between the hours of 8:30
.m. to 5:00 p.m. on weekdays..
Anyone who may wish to appeal any decision which may be made at this meeting
All need to ensure that a verbatim record of the proceedings is made which includes
the testimony and evidence upon which the appeal will be based.
Indian River County
f ! Board of County Commissioners
By: -s -Don C. Scurlock, Chairman
Planner David Nearing advised that this is the time for the
Board to adopt one ordinance covering the three land use
amendment requests heard today.
36
TO: The Honorable Members DATE: August 26, 1987 FILE:
of the Planning & Zoning
Commission
DIVISION HEAD CONCURRENCE:
SUBJECT: ORDINANCE TO AMEND THE
Robert M. K at ng, CP COMPREHENSIVE PLAN _
Planning & De elopment Director
FROM: David C. Nearing $e4/ 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 September 8, 1987.
DESCRIPTION & CONDITIONS '
In January of 1987, the Community Development Division received
three requests to amend the Land Use Element of the Comprehensive
Plan and also initiated one request on behalf of the Public Works
Division to amend the Transportation Element.
Upon completion of staff review of these amendment applications,
the Planning and Zoning Commission held a public hearing on March
12, 1987. Sitting as the local planning agency, the Commission
made recommendations on the proposed amendments to the County's
Comprehensive Plan.
As mandated by the State Legislature in 1986, the first of two
required public hearings was held by the Board of County
Commissioners on April 14, 1987. This first public hearing was
required to be held prior to transmittal of the proposed
amendments to the State Department of Community Affairs (DCA) for
State review and comment. The decision to transmit each request
was made based upon its merits,as is the case in deciding
rezoning requests. Any request not deemed suitable for approval
by he Board is denied transmittal. Denial of transmittal
constitutes an automatic vote to deny approval of the request.
At the April 14, meeting, the Commission voted to approve the
transmittal of two of the requests made by applicants to amend
the Land Use Element of the Comprehensive Plan, and also to
transmit the County initiated request to amend the Transportation
Element. The DCA review period is 90 days.
Upon receipt of the DCA's comments, the Board is required to hold
a second public hearing at which time the Board is to make its
final decision. This decision must consider the recommendation
of staff, the Planning and Zoning Commission recommendation, and
the comments generated by the DCA review.
SIS
I
The outcome of the DCA review was that all proposed amendments to
the County's Comprehensive Plan were consistent with the state 6.
and regional comprehensive plans. The three amendments contained .
within the attached ordinance have also received positive
recommendation by staff and the Planning and Zoning Commission.
Staf
the
Comp
SEP 8,1987
L
TION
f recommends that the Board of County Commissioners direct
Chairman to execute the attached ordinance amending the
rehensive Plan. ,,
37
BOOK 69 PAGE 298 `
SEP 8 1987 ma 69 PACE 299
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There being none, he
declared the Public Meeting closed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
adopted Ordinance 87-54, amending the land use and
transportation elements of the Comprehensive Plan, as
approved earlier in this meeting.
38
ORDINANCE NO. 87--,,A
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE
PLAN; ENLARGING THE COMMERCIAL NODE AT S.R. 60 AND KINGS
HIGHWAY FROM 160 ACRES TO 165 ACRES; ESTABLISHING A MIXED
USE DISTRICT ON THE EAST SIDE OF U.S. 1 SOUTH OF 35TH
(STREET; ADDING SECONDARY COLLECTOR ROADS TO THE COUNTY'S
'THOROUGHFARE PLAN IN THE AREA NORTH OF C.R. 512 AND EAST OF
I-95; DELETING 43RD AVENUE BETWEEN 53RD STREET AND 69TH
STREET FROM THE THOROUGHFARE PLAN AND THE TRANSPORTATION
CAPITAL IMPROVEMENTS PROGRAM; RECLASSIFYING 43RD AVENUE AS A
SECONDARY COLLECTOR STREET BETWEEN 53RD STREET AND 57TH
STREET; AND PROVIDING FOR CODIFICATION, SEVERABILITY AND
EFFECTIVE DATE.
!WHEREAS, Chapter 163 of the Florida Statutes requires that
local governments prepare and adopt Comprehensive Plans; and
WHEREAS, The Board of County Commissioners has adopted a
Comprehensive Plan pursuant to Florida Statutes; and
(WHEREAS, Florida Statutes provide for the amendment of
Comprehensive Plans twice per calender year; and
WHEREAS, The Planning and Zoning Commission, sitting as the
local. planning agency, has held public hearings and made
recommendations concerning these amendments; and
,WHEREAS, The Board of County Commissioners has held public
hearings at which parties in interest and citizens were allowed
to be heard; and
'WHEREAS, The Board of County Commissioners has determined
thattheseamendments are consistent with the general spirit and
intent of the County's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, and the
accompanying Land Use Map, be amended as follows:
SECTION 1
The section entitled "S.R. 60 and Kings Highway to 43rd
Avenge" found on Page 36 of the Land Use Element of the
A
CODI
hensive Plan is hereby amended as follows:
: Words in AiE"W44tii type are deletions from existing
law. Words underlined are additions.
39
BOOK 69 PAGE 300
SEP 8.19$7
P
ORDINANCE NO. 87- 54
BOOK ; 6:9 FacE 301
S.R. 60 AND KINGS HIGHWAY TO 43RD AVENUE
A 040 XjdAdtod 444 $Jett ,(100Y one hundred sixty-five (165)
acre commercial node is located at the S.R. 60 and Kings Highway
intersection and extends eastward to 43rd Avenue between S.R. 60
and the main relief canal. Residential use may be permitted
within this node.
SECTION 2
The section entitled "U.S. #1 MIXED USE CORRIDOR" found on
Page 38 of the Land Use Element of the Comprehensive Plan is
hereby amended as follows:
U.S. #1 MIXED USE CORRIDOR
This corridor, located on the west side of U.S. #1 to a
point three hundred (300) feet west of the FEC railroad or Old
Dixie Highway, whichever is most westerly, extends south from the
Sebastian City limits to the northern limits of Vero Beach.
There is also a small portion of the MXD on the east side of U.S.
#1 and south of 35th Street, consisting of a single tract lying
900 feet south of 36th Street and abutting the east line of the
city limits of Vero Beach, running south along this line one
hundred seventy-five (175) feet and extending east of this line
for seven hundred sixty-three (763) feet. The corridor then
continues from the southern city limits of Vero Beach along the
west side of U.S. 1 south to the Indian River - St. Lucie County
line. 0OAUAA4A4 $444A ftft 00 00kifWA 04th' 1444tO Of ION
� M tO tMo6 XYig1441i 0,41bot f St l ZA040- 001Ajitt 14110.1 A small
portion of this corridor is located east of U.S. #1 for a depth
of three hundred (300) feet between Irby Lane south to the
Wabasso commercial/ industrial node. Jennings addition to Quay
Subdivision and the commercial/industrial property immediately to
the north and south is also included in the MXD corridor.
CODING: Words in struck-thru type are deletions from existing
law. Words underlined are additions.
40
J
' S
I
ORDINANCE NO. 87- 54
Commercial and industrial uses are anticipated to utilize
the majority of the land area within the corridor. Where future
resi ential development occurs within this mixed-use area,
densities shall be limited to six (6) units per acres, including
mobile home residential uses.
SECTION 3
The Thoroughfare Plan Map of the Transportation Element of
the Comprehensive Plan is hereby amended by:
i(1) Deleting 43rd Avenue between 53rd Street and 69th
Street as a primary collector;
(2) Adding 43rd Avenue as a secondary collector between
53rd Street and 57th Street;
(3) Adding 98th Avenue as a secondary collector from 87th
Street north to the Fleming Grant line;
(4) Adding 106th Avenue as a secondary collector, from C.R.
512 north to the Fleming Grant line;
1(5) Adding 102nd Terrace as a secondary collector from C.R.
512 north to the Hetra Computer and Telecommunications
Industries facility located in Section 26 of Fleming
Grant.
iSECTION 4
The "District 4" section of the Transportation Capital
Improvements Program of the Transportation Element of the
Complehensive Plan is hereby amended as follows:
41
ROOK 69 mE 302
IV I
SEP 1987
Imp
BOOK 69 PACE 303
District
4
Pmject Dm=iptim
Lb starm
I&ms
EY86-90 91-95
96-00
01-05
New fly
Projects
1
widEn & mm:d
1 A.
4
DOr Etmi 12,904 (9.)
Barker Bim'aty
11,161
2
Ridge access inp./
3.2
6
2,492 (99.)
SR 60 fain Pairs
224
421
Zidim liver Blvd.-
1.5
6
3,000
41st St. fic 53rd St.
45-22
41st - LS 1 to Il8
1.0
4
1,100
(50.)
550
423
45th St. - LS 1 to Iib
1.0
4
1,543
424a
43rd Ave -45th St. to
.5
2
100
49th St.
424a
43rd Ave. -49th St. to
2.5
2
452
Obi $U 57th St.
425
53rd St.4B 1 to IlS
.25
6
750
426
53rd St. -08th Ave to LS 1
2.5
4
3,788
427
33rd Ave -53rd St. to
1.0
2
368
45th St.
Projects
45-28
41st St. -58th Ave to LS 1
2.5
5
3,476
(509.)
1,738
478r-82
58 he -41st St. to 65th
3
5
3,848(50%)
1923.8
4-83
58th Ave -65th St. to
2.5
5
3,847.6
85th St.
34-14
CR510 (east)
.9
4
1110 (50.)
-
U.S. 1 to 58 Ave
555
34-15
CR510 best)
1.6
4
2283(33%)
58th Ave to Pc erlim RL
753
Lsoo 1 •i • iu i i •- - r . r • ■ • �• r •i • •a a .i
42
SECTION 5
CODIFICATION
ORDINANCE NO. 87- 54
n
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"sec ion", "article", or other appropriate word, and the sections
of his ordinance may be renumbered or relettered to accomplish
such intentions.
word'
SEVERABILITY
If any section, part of a sentance, paragraph, pharase or
of this ordinance is for any reason held to be
titutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such'',unconstitutional, invalid or inoperative part.
EFFECTIVE DATE
IThe provisions of this ordinance shall become effective upon
receYpt from the Florida Secretary of State of official
ackn wledgment 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 8th day of September
1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: /
Don C. Sc r ock, J Chairman
ATTEST Y :
Freda right, Clerk Q�•C
V. �h+�
a I
43
SEP 81W7 BOOK 69.PAGE304..
S E P 8 1987 BOOK 69 PACE 305
PUBLIC HEARING - BENT PINES UTILITY
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
0#
attached, to wit:
The Board reviewed the following memo dated 912187:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the -undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press•Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
In the Court, was pub-
lished In said newspaper in the issues of /��iAC�fv �.-�aT 7
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun•
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid not promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscri d be rem ;s L day of A.D.19 _
;ss ag
>—Alij
4ZjA4—qg-
(Clerk of the Circuit Court, Indian River Coun , Florida)
(SEAL) . «
NOTICEOF,PW ,—'-'... -
.ps Puflcn�E o>= eE11T Pane 17r1t.t1'7 ;
co uuwI�cou"TM
� Board off C4urcy conuNaebpe's °f 4d�
w County: Florida, will hold • Public 1
AAL on Tptalymer
S&11 1640 2.51h Street.
po Beach, FlrolCounty would pua WA I�
W a A Counb of Bent Piet uw ty Co.
e actors wig make a 301 FI SC'.
es, amid 1� melds dalermMetion mat the
Wchase of the ubw syawn b In the PaWb W
us -
poet befma me sale can �o �onwr hr
MOM of Bent Pine 1ltiety
rested Qarees ora kwW iad tae nnbct
Ttm Board It t , Co.— to In
.
Wm a request M comwellond�9as• aumalsed M lb i
aeMt m an yo akeeed 11JlOb0ftlu�oh,
�ofeonrieason�pmdUmact of to
entire a., Pim UM4"Willer and sewer aye' I1
mj mer of BeM Wpe UtUdy PAW
a other b► f
are mMted to aRend to Public
utioes � ttn Caounq at 687- i
(one Who mey wish to e100e0 any do"'
wh may be made at ills m9etin9 wsl need b
1 of ire vocead-
99 is ads. WhCh
aWell WOOL
b based
.31.1987
Attorney Vitunac recalled that at the last Board meeting
staff presented a proposed contract which would have the County
purchase the Bent Pine Utilities system. State law requires that
if any County undertakes the purchase of a private utility
system, an advertised public hearing must be held at which
certain factors are discussed. He advised that the advertisement
has been published in the newspaper in two parts: one part
advertises the proposed purchase and invites people and customers
of the system to come, and the second part advertises that if the
purchase goes through, Bent.Pines Utilities will be authorized to
collect a separate impact fee from customers of their system up
to the day the County takes title to the system. At that time
the County will adopt its own special impact fee for the system,
as discussed in the contract.
44
Utilities Director Terry Pinto introduced Larry Adams, Vice
President of Camp Dresser & McKee, Inc., who discussed the
factors required by
0:)m
environmental engineers, saenftb,
planners, & management consultants
Sep ember 4, 1987
Mr.l'Terrence G. Pinto
Dirctor of Utilities
Ind an River County
184' 25th Street
State law as set out in the following report:
Services
Vero Beach, Florida 32960
DearF Mr. Pinto:
CAMP DRESSER & McKEE INC.
660 Beachrand Boulevard, Suite 202
Pja Box 6725
Vero Beach, Florida 32961.8725
(305) 231-4301
Indan River County has expressed an interest in the purchase of the Bent
Pin Utility Company and must, by Florida State Rulings, comply to Ruling
125 3401, as stated below. It is the intent of this letter report to
ass st the county with the referenced compliance.
125.3401 Purchase or sale of water or sewer utility by county.
-- No county may purchase or sell a water or sewer utility that
provides service to the public for compensation, until the
governing body of the county has held a public hearing on the
purchase or sale and made a determination that the purchase or
sale is in the public interest. In determining if the purchase or
sale is in the public interest, the county shall consider, at a
minimum, the following:
(1) The most recent available income and expense statement for
the utility;
(2) The most recent available balance sheet for the utility,
listing assets and liabilities and clearly showing the amount of
contributions -in -aid -of -construction and the accumulated
depreciation thereon;
(3) A statement of.the existing rate base of the utility for
regulatory purposes;
(4) The physical condition of the utility facilities being
purchased or sold;
(5) The reasonableness of the purchase or sales price and
terms;
(6) The impacts of the purchase or sale on utility customers,
'both positive and negative;
(7) Any additional investment required and the ability and
willingness of the purchaser to make that investment, whether the
(purchaser is the county or the entity purchasing the utility from
,the county;
(8) The alternatives to the purchase or sale and the potential
impact on utility customers if the purchase or sale is not made;
and
(9) The ability of the purchaser to provide and maintain
high-quality and cost-effective utility service, whether the
'purchaser is the county or the entity purchasing the utility from
the county.
1
45
BOOK 69 MEMO
a
BOOK 69 PAGE -307
CAMP DRESSER & McKEE INC.
The county shall prepare a statement showing that the purchase or
sale is in the public interest, including a summary of the
purchaser's experience in water and sewer utility operation and a
showing of financial ability to provide the service, whether the
purchaser is the county or the entity purchasing the utility from
the county.
The first three items have been forwarded by the Bent Pine Uility Company
to Indian River County for their review. The remaining items are addressed
below.
PHYSICAL CONDITION OF UTILITY FACILITY
A draft valuation study was prepared on the Bent Pine Utility Company in
August, 1987 and is attached. This study discusses the condition of the
facilities based upon a physical inspection.
Presently, the Bent Pine community is serviced by a 0.1 mgd Water Treatment
Plant having a raw storage capacity of 25,000 gallons supplied by two wells
with a combined capacity of 240 gpm. This system has been in operation
since 1981. The distribution system consists of PVC piping ranging in
diameter from 2 inches -to 12 inches, with 95.6 percent of the piping being
of 6 inch or larger diameter. Existing water quality is discussed under
Alternatives to the Purchase or Sale and Impact on Utility Customers.
Wastewater is treated by a 0.0372 mgd Wastewater Treatment Plant. The
treatment process is extended aeration, sludge digestion, settling,
chlorination, and percolation/evaporation disposal of the effluent, with
all tanks and chambers made of concrete. Wastewater from the community
flows by gravity through 8 -inch diameter PVC pipe to one of the two lift
stations.
- s
The valuation study of the utility found the physical condition of the
water and wastewater facilities satisfactory considering the size and age
of the system. However, unaccounted-for water for the Bent Pine Utility
Company (BPUC) is high, ranging from 46.1 percent to 72.5 percent. Meter
malfunctions, limited reliable current data for a seven-month period
coupled with a lack of measurement for water quantity used in -flushing
mains and wastewater treatment may contribute to the cause. Discussions
with members of the BPUC have also referenced problems of unauthorized
tapping into the water lines. A detailed study of the system would be
advised to make a more accurate.projection of the apparent loss of water.
Comparision of average daily flows of water out of the water system and
into the wastewater system did not indicate any abnormal
infiltration/inflow into the gravity wastewater system.
REASONABLENESS OF THE PURCHASE OR SALES PRICE AND TERMS
The terms of the purchase are a cash payment by the County of approximately
$270,000 and $1,500 for each new connection, when and if connected, with a
maximum limit of 150 new connections. The $270,000 represents the
estimated value of the 18 plus acres of land owned by the utility, which
title will be transferred to the County upon purchase. The $1,500 per
connection will be paid to the County by the new customer upon connection.
The County, in turn, would then transfer payment to the seller of Bent Pine
Utility. This payment per connection represents recovery of the utility
company's cost of the systems infrastructure.
Payment for the land at the estimated purchase price is, in our opinion, a
reasonable purchase, considering the appraised value and potential value
associated with Indian River County's (IRC) use of the land.
We have estimated the physical value of the utilty system, excluding land,
to be about $1,000,000. This value represents the replacement cost less
accumulated depreciation. Existing connections plus estimated new
connecti.ons equal 200; hence, the physical value per connection is $5,000.
46
Within a year after putchase the County plans to serve'the utility by
County owned and operated plants. Thus, certain of the utility's
failities, those relating to water supply, water treatment, and wastewater
tr�atment, have no value to the County. Subtracting the physical value of
these facilities from the total physical value equals $648,000, which is
the physcial value of the facilities that would remain in service after the
sale of the utility. This value divided by 200 connections equals about
$3,200. The $1,500 per connection for new customers is almost half the
physical value of the system on a per connection basis. From the above
discussion the connection charge appears reasonable and can be considered a
lire repayment fee.
New customers will also pay the County's impact fee for water and
wa tewater. This fee is for new capacity of plant, and does not relate to
th Bent Pine Utility Company existing infrastructure.
IMPACTS OF THE PURCHASE OR SALE ON UTILITY CUSTOMERS
The purchase of Bent Pine Utility Company by Indian River County benefits
both the County and the Bent Pine Community. The planned potential site of
the sub -regional pump station (master pumping site) is near the: present
BPUC wastewater facility requiring only that the station be connected to
existing lines. Regionalization of wastewater treatment eliminates
proliferation and provides for better effluent quality control.
Decommissioning of wells within the Bent Pine community provide the
opplortunity to dispose of effluent through irrigation on the golf courses,
approximately 0.5 mgd.
Lik wise, the present BPUC percolation ponds offer 0.07 mgd of effluent
disposal. These two effluent disposal sites can.be used to accomodate
effluent from other sources, other than the Bent Pine Community. In
addition, the land purchased from BPUC is a marketable asset.
Pip ng finished drinking water to the Bent Pine community conforms well
with. regional water service.
The Bent Pine community will be provided a higher quality of finished
water. Growth in water demands will be handled by IRC and not require the
expansion of the BPUC's existing facilities.
Upo purchase of Bent Pine Utility Company by the County, the rates and
cha ges of existing and future customers will be that which is levied to
all County water and wastewater customers. This charge will result in an
increase in rates to the Bent Pine customers.
Bas d on consumption statistics for the last seven months, a Bent Pine
res dential customer uses approximately 5,000 gallons per month on the
ave age. Under the existing rate this average customer pays $19.10 a month
for water and wastewater. Under the County rates the monthly charge would
be 34.78.
Thi increase is a negative impact, but offsetting this impact is the
fol owing: 1) the higher level of service provided by the County's water
and wastewater facilities; 2) the existing Bent Pine rates were set from
its 'inception in 1979 and probably do not reflect the actual higher cost of
service; 3) often when private utilities have the same level of service as
a public entity the rates levied by the private utility are higher due to
add d costs for taxes, etc., rate of return, and lack of economy of. scale.
Hen e, there is a likelihood that rates would go up dramatically should the
utility stay private.
47 BOOK 69 PACE 3018
P 8 1987
:I
u
P
BOOK W. PAAW
New customers connecting would pay the County impact fee of $1,140 and
$1,250 for water and wastewater, respectively, compared to the current
impact fee of $300 each for water and wastewater. In addition, as noted
earlier, each new connection would pay $1,500 to reimburse the seller for
the existing infrastructure. The utility has expressed there intention to
increase these connection fees substantially.
ADDITIONAL INVESTMENT REQUIRED AND THE ABILITY AND WILLINGNESS OF THE
PURCHASER TO MAKE THAT INVESTMENT
The purchaser is Indian River County. The County plans to provide water
via a proposed 20 -inch County main along Kings Highway. To tie into the
Bent Pine's system an 8 -inch ductile iron main of approximately 1,400
linear feet is estimated. The estimated cost for this connection is
$45,000.
The wastewater system is planned to connect to a proposed sub -regional
wastewater master pumping station located on, or in, the vicinity of the
purchased land. The estimated investment by the County allocated to the
Bent Pine Utility tie-in is $36,000.
From the above discussion the total additional investment is $81,000
representing the cost of connecting to the County's water and wastewater
systems.
This investment is mininal in light of the magnitude of the financial
resources of the County's water and wastewater enterprise fund and the
County's past, present, and planned commitments to maintaining and
extending service to meet effectively and efficiently the water and
wastewater needs of the County populace.
ALTERNATIVES TO THE PURCHASE OR SALE AND POTENTIAL IMPACT ON UTILITY
CUSTOMERS
In the event that Indian River County does not purchase the Bent Pine
Utility Company, additional investment to upgrade the system so as to meet
regulated standards is anticipated: Review of water quality data for
existing finished water suggests that the water does not consistently meet
drinking water standards for community water systems with respect to
turbidity, iron, color, and total dissolved solids (TDS).
Data obtained through the Indian River County Public Health Services for
water samples taken in June and July of 1987 showed total trihalomethanes
(TTHM) as high as 0.253 mg/l and iron has high as 1.77 mg/1, comparing
these numbers to the regulated maximum contaminant levels of 0.10 mg/l and
0.3 mg/l, respectively. Calcium hardness was recorded as high as 269 mg/1.
The AWWA recommended range is 80-100 mg/1.
Within a year upon purchase of the utilty by Indian River County, water
from an existing reverse osmosis plant will be piped to the community to
provide total water requirements. The water from the reverse osmosis -plant
not only meets all EPA water quality regulations, but consistently
maintains a high quality aestheticity. Water would not require softening,
create scaling, or have discolorment. The anticipated additional
investment by BPUC if not purchased would require a greater expense to meet
the present quality of the water that Indian River County could supply.
ABILITY OF THE PURCHASER TO PROVIDE AND MAINTAIN HIGH-QUALITY AND
COST-EFFECTIVE UTILITY SERVICE
We understand the County's finished water and treated wastewater to be in
compliance with State and Federal Regulatory requirements, demonstrating
the ability of the County to provide and maintain high levels of quality
and service. The cost of providing services are reasonable considering the
type and size of the facilities. Sources of funding demonstrate the
effective use of capital in financing improvements to the water and
wastewater system.
48
The
qua
fur
Add
fac
CONCLUSION
acquisition of BPUC by Indian River County will result in an improved
lity and level of service to the cusotmers of Bent Pine. The purchase
:her fosters regionalization of water and wastewater service.
itional land for effluent disposal is also made available. The above
:ors contribute toward the public interest.
IRC's water and wastewater utility began in June 1978 with the acquisition
of it small utility system in the Gifford area. The purpose_of the
acquisition was to improve water and wastewater service to the residents.
Since then the utility system has grown from an initial customer base of
3001water and 126 wastewater customers to 4,446 water accounts (10,800
equivalent residential units) and 1,597 wastewater accounts (9,000 ERU's).
Today IRC owns and operates a 2.5 mgd reverse osmosis water treatment plant
and,four wastewater treatment plants having a combined capacity of 1.75
mgd; Water and wastewater master planning is currently in progress to
identify future needs for water and wastewater service.
The financial ability of the County to provide water and wastewater service
to[lent Pine customers is demonstrated in audited financial statements and
the current fiscal year budget. The County's estimated investment is
$371 ,000, consisting of $270,000 for the value of the land and $81,000 for
the cost of connecting to the County system. This investment represents
1.4 percent of total water and wastewater assets shown in the most recent
audited financial statements (ending September 30, 1986) and 1.8 percent of
the fixed asset value for property, plant, and equipment.
At ounty rates the revenue from existing Bent Pine customers is about 1
percent of total budgeted operating revenues for fiscal year 1988. Bent
Pin customers can be readily absorbed into the County customer base
without significant affect on the operating costs of the County facilities
and with no affect on the rates and charges of existing County customers.
We thank you for the oportunity to assist the County with the acquisition
of �uss
ent Pine Utility Company. We stand ready to meet with the County to
dis this letter report.
Very truly yours,
DRESSER & McKEE INC.
E. 0-4
-1�� a*-�/
E. Lawrence Adams, Jr.
Vice President
Director Pinto presented the fottowing memo dated 9/9/87:
t*6
49 BOOK 69 PACE -310
SEP 8 1997!
SEP 8 1987 BOOK 69 FAGE,311
P
TO: The Board of County Commissioners
DATE: September 2, 1987
SUBJECT: B n ines U ility Purchase
FROM: P. 't ac, County Attorney
The attached Purchase Agreement was approved in concept on
September 1, 1987 and is now being presented for final
approval. The contract has been executed by Bent Pines
Utility Company. The only change in the contract from the
one presented for conceptual approval is the addition of the
words at the end of the first page "... in addition to the
impact fees, rates and changes otherwise required by the
County Utility System."
The Purchase Agreement is recommended for approval by the
County Administrator, the County Attorney and the Utility
Director.
Attorney Vitunac advised that the County has received a
letter from Attorney Collins of Collins, Brown, Caldwell & Mann,
which asks specifically if the $1500 represents something
different than what we charge the rest of the customers within
the county. He felt it should be clearly understood that the
County operates differently than a private utility in two
separate areas, and that is where this $1500 shows up. If the
County was to build this system today, we would charge the normal
impact fees of $1140 for water and $1250 for sewer. Not included
in those impact fees is the building of internal lines. The
internal lines are built with the direct cost being borne by
those who benefit by them. That means that if Bent Pines' lines
have a value of $3200 per customer, that amount would be assessed
directly to the person connecting. In this case, because the
lines were purchased at a substantially reduced amount of their
value, that amount is being assessed; however, since it was paid
for by the private utility company, that amount is simply being
turned over to the private utility company. People have asked if
they paid for this when they bought their lots at Bent Pine.
50
When the County establishes a private utility franchise, we allow
the company to receive its investment back in two ways -- either
through connections fees or through the rate structure. However,
a private utility company cannot collect from units that are not
consl'ructed. In the past, Indian River County has requested
utilities to collect at least 80% of their capital investment
through connection fees. In this case, because it was an old
franchise, that was not taking place; therefore, their next step
was either to increase their rate structure to recover $5000 per
customer for capital improvements or collect return on that
investment of some 120-15% at a later date. It limits the
ability of anyone to collect any return on their investment on
the dines that were put in, and therefore, those who connect to
the system pay when they connect. They get charged a impact fee
and a line extension charge, the same as anyone else in the
county would pay for the construction of the new system.
Chairman Scurlock asked if there would be any additional
costlto the customer for future connection to the County utility,
and Oirector Pinto said no, the purchase of the ground and the
future connections costs are being borne by the system as a whole
and I 1hat is being handled in the same way as when the County has
purchased other private utilities. The only people who are
payi g connection fees at Bent Pines are the owners of
undeveloped lots for which the developer would not have the
opportunity to recover his investment for those lines. The
existing units in Bent Pines are not paying the $1500. The
reason for that is that the County feels that the purchase of the
land actually is going to add to the capacity of the County
system and be a benefit rather than a cost to the system.
Bill Koolage, 815 26th Avenue, thanked Chairman Scurlock and
Director Pinto for dropping the countersuit against Bent Pines
Utility even though he felt that they could have held sway if
they1had pursued the case. He believed that dropping the
countersuit was in the best interests of the taxpayers, and
51 n
P 8 1917 BOOK. 69` FACE' 312
4
p-
SEP 81987 B9 9 mu 313
P
expressed his appreciation. Mr. Koolage felt it is a shame that
those things happen, and urged the Board to carefully consider
their long-range plans so that other situations do not come back
i
to haunt us.
Commissioner Bowman believed that hindsight is wonderful.
Paul Kohler, 2815 28th Avenue, owner or trustee for 48 of
the 154 lots in Bent Pine, was very pleased that the County is
going to take over the utility because he believed residents
would receive better water quality and service with the County.
He pointed out that Florida Land and Bent Pines Utilities are one
and the same even though they have different corporations. Mr.
Kohler believed that the $1500 that the land owners paid when
they connected to water and sewer has been recouped by Bent Pines
in the sale of their land to individual owners. He realized that
legally they probably can show on their books that never
happened, but in truism, it happened. Thus, the people in Bent
Pines are going to be paying double for those lines. However, he
felt that the individual lot owners would be better off in the
hands of the County than with Bent Pines, and that probably the
$1500 is well spent by the owners. According to his
calculations, he believed that would amount to $187,000. if the
utility company is, in fact, worth $1 -million, and the County is
only going to pay $381,000, it would be his recommendation for
the County to seriously consider assuming the obligation of the
$187,000 in the total system rather than making the residents of
Bent Pines pay another $1500 for making that connection. At
present, when somebody builds a home there, they have to pay
$3200 for the County connection fee plus the $1500 which Bent
Pines will eventually reimburse. He felt that is quite a
substantial amount for water and sewer, and urged the Board to
consider that in their negotiations. Lastly, Mr. Kohler advised
that he received a letter from Bent Pines Utility this past
January stating that retroactive and contrary to what their
52
franchise allows, they were increasing everyone's connection fees
from $300 for water and sewer by another $481. He advised that
he h s paid all those charges, and believes they have approxi-
matel!y $4000 of his money that they are not entitled to. He has
asked them to reimburse him that amount, but they have not. Mr.
Kohler asked the Board's help in this matter. Mr. Kohler hoped
the CIounty would take over the franchise and give the area the
same good service that they have given the rest of the county.
There being no others who wished to be heard, Chairman
Scurlock closed the Public Hearing.
(Chairman Scurlock asked if anything had been discussed about
the $4,000, and Director Pinto explained that was the subject of
the last public hearing, and as far as the County is concerned,
BentlPines was not permitted to collect those monies.
ris Bentley, Attorney representing Bent Pines, felt there
is some disagreement as to what the law is and what the utility
I
is ah owed to do with the monies it has collected. He advised
thatlthose monies are in an interest-bearing escrow account, but
under the terms of that escrow account, those people will receive
that,money at the end of the taxable year. The utility feels it
has he right to collect those fees up front and place it in an
escriw account.
Attorney Vitunac advised that was one of the problems that
was resolved by the County purchasing the utility company. If
Mr. Kohler does not want to accept that, he will have to take
private legal action against the old franchise.
Mr. Kohler asked if the reimbursement would be an automatic
thin and Mr. Bentley confirmed that it would be automatic
unless certain taxable events occur. In other words, if this
purc'ase goes through, there will no longer be any taxable events
on t e part of Bent Pines Utility, and the monies would be
returned. It might be different if the utility stayed in
business.
53
SEP 8 198 BOOK PACE 314
r
SEP
BOOK 69 ; PAGE -315
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Eggert, that the Board authorize the
execution of the purchase agreement and the collection
by Bent Pines of the increased impact fees until the
County closes on the purchase of the Bent Pine Utility
Company.
Commissioner Eggert understood then that the exact sale
price and the exact impact fee will be determined at the time of
closing, and Attorney Vitunac advised that at the time of
closing, the County will pay $270,000 and will escrow the
difference, up to $300,000, awaiting the appraisal which may take
90 days or even longer. By the time of closing, Director Pinto
will have determined whether or not they have justified the $1500
for connection.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0).
Attorney Vitunac anticipated that the closing will take
place on November 1st or sooner. We have to do the appraisal
title work, appraisal, and pass an ordinance adopting our own
$1500 fee. However, Bent Pines will be collecting $1500 from
anyone who connects up until the time of closing.
54
10i
P U R C H A S E A G R E E M E N T
THIS AGREEMENT dated this day of
1987, by and between INDIAN RiVMUNTy, apolitical
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960 (COUNTY), and BENT PINE UTILITY CO., 255 S.
Orange Avenue, Suite 1444, Orlando, FL 32801 (UTILITY),
W I T N E S S E T H:
WHEREAS, UTILITY owns and operates a water and
sewer system under franchise from the COUNTY for what is
!known as the Bent Pine Development; and
WHEREAS, UTILITY is interested in selling and
(COUNTY is interested in buying UTILITY's entire utility
system plus certain land on which the utility system is
situated; and
WHEREAS, the successful transfer of title from
ILiTY to COUNTY would render moot certain litigation and
administrative hearings which presently exist between the
ILITY and COUNTY; and
WHEREAS, the COUNTY finds that the purchase of
UTILITY's system Is in the public interest; and
WHEREAS, this finding is made after a public
Iearing, as required by §125.3401, Florida Statutes, at
v�hich all interested parties including the customers of
UTILITY were given an opportunity to make public comment;
NOW, THEREFORE, FOR AND IN CONSIDERATION of these
Premises and other mutual covenants, the UTILITY and COUNTY
agree as follows:
1. SALE OF UTILITY SYSTEM.• UTILITY shall sell
and COUNTY shM--Fuy tentire rater and sewer utility
system of UTILITY "as is" and the real property with the
legal description shown on Exhibit"A." The utility system
includes a system of potable water wells pipes Pumps, and
a purtenances; a water treatment plant and distribution
s stem; plus a sewer collection system with pumps and
a purtenances; and a sewer treatment plant plus effluent
disposal method.
2. PURCHASE PRICE. COUNTY shall pay to UTILITY
the fair market va ue o the raw land described on Exhibit
"AII as shown by an appraisal obtained by the COUNTY by a
licensed property appraiser familiar with values in Indian
R ver County; provided that the UTILITY and COUNTY agree
t at the COUNTY shall pay not less than $270,000 and not
m re than $300,000 for the property.
3. ADDITIONAL PURCHASE PRICE. As further
consideration for tsa
his le, the___U7W_f7 shall establish
appropriate rates, fees, and•char es suchthat
tted
lots existing within the UTILITY ranchise area atytheadate
of sale which have water and sewer lines fronting them at
the date of sale, which have not already paid for water and
sewer service from the UTILITY, and which subsequently apply
for a building permit from the COUNTY shall be required to
pa a main extension charge of not less than $1,200 and not
more than $1,500 per connection, in addition to the impact
fe s, rates, and charges otherwise required by the County
Utility System.
SEP '01 198T 55 BOOK 69 PAG.E316
P
i
I
I
SEP 8 1987
ROOK 69 pAcE.317
The connection charge shall be $1,200 unless UTILITY submits
justification by closing date of a higher figure not
exceeding the $1,500 maximum. The COUNTY also agrees that
the agreed upon main extension charge shall be increased
annually by the factor used by the most recent Engineering
News Record.. The COUNTY agrees to collect this charge for
15 years from the date of closing and shall remit this money
to UTILITY within 15 days after collection and shall make
its books available for inspection by UTILITY.
4. TITLE EVIDENCE. Within 30 days from the date
of this contract, U11LI'�'4-sFiall at UTILITY's expense deliver
to the COUNTY a title insurance commitment with fee owner's
title policy premium to be paid by UTILITY at closing. This
transaction shall be closed and the deed and other closing
papers delivered on the 1st day November, 1987.
5. .STANDARDS FOR REAL ESTATE TRANSACTION. The
standards for real estate transactions, as approved by the
Florida Association of Realtors and the Florida Bar, as
shown on Exhibit "B" are incorporated into this agreement.
6. SETTLEMENT OF ALL LITIGATION. UTILITY shall
voluntarily dismiss with prejudice ircuit Court Case No.
87-0387, filed in the Nineteenth Judicial Circuit with each
party bearing its own costs. UTILITY shall also dismiss
with prejudice its Petition for Formal Administrative
Hearing - Case No. 87-1428 filed with the State of Florida
Department of Environmental Regulation, Division of
Administrative Hearings, with each party to bear its own
costs. In addition, UTILITY shall execute a letter in
substantially the same form as. shown on Exhibit "C"
apologizing to Commissioner Don C. Scurlock, Jr., in his
individual.capacity and Mr. Terrance Pinto in his individual
capacity for allegations made in the Circuit Court case. In
return for the execution of these letters Commissioner
Scurlock and Mr. Pinto shall release UTILITY from any claims
for lible, slander, or other action.
Date September 8', 1987 BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
fitness
W'' ness
Approved for form and
legal sufficiency:
qaSrle6sQ�IP,.Pj,vv�)i"�ru'.-n-
"4�2ac
County Attorney
Appro for Utili at rs:
e.r an e i nto, i re for
Division of Utility Services
m
Wrtfiess
56
By 21 -11c -
C. - S ur I ock, r.
Chairman
A t t e s JA44,01
Fr%e a ri t, ZT��
Appro ed for Administrative
matt . . rN n
urnaries-P. Balcz n
County.oAdmin ator
BENT PINE UTILITY CO.
��-
T AMENDMENT - SHERIFF'S DEPT. - EXCESS IN PERSONNEL FUNDS
airman Scurlock presented the following letter from
Sheriff Tim Dobeck:
off
P. O. BOX 608
PHONE 369-6700
September 2, 1987
R.T."TIM' DOBECK - INDIAN RIVER COUN'T'Y
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH, FLORIDA 32961-0008
Honorable' Don C. Scurlock, Chairman-�` Com' -
Indian River County Board of County �
Commiss oners t�
1840 25th Street
Vero Beach, FL 32960
Dear Doug
This letter is to advise you and the Commission as to the anticipated
excess injhe salary accounts in both the Law Enforcement and Correc-
tions Divisions of my Department and to request your authority to
transfer $51,500 of the anticipated excess to my Capital account to
complete the equipment needs for the Centralized Consolidated Dis-
patch, the Data Processing Administrative functions and Computer
Aided Rec rds Entry.
ANTICIPATED SALARY EXCESS:
Law Enforcement $ 325,000
eU tai D Positions 72,864
ue to delay in software avat ability
nd inability to fill positions
Lapse - Vacant Positions 252,136
Due to inability to fill positions
Corrections 100,000
Detail: Lapse.- Vacant Positions
Due to inability to fill positions
Total Anticipated Excess $ 425,000
The above data demonstrates the difficulty we are encountering in
finding good, qualified applicants and our commitment to filling new
positions only as - needed when implementing new programs.
If you need additional information or have any questions, please do
not hesitate to contact me.
Sincerely,----
R. T. "Tim" Dobeck, Sheriff
Indian River County
E�.
SEP 57 BOOK 69 FAG.E 318
SEP 91987
BOOK 69 PAGE 319
Chairman Scurlock wondered since we did not anticipate this
money coming in, whether there would be any ability of using it
to reduce the proposed budget for next year.
N
OMB Director Joe Baird stated that would not be possible
.10
because of the unanticipated increase involved in the purchase of
the Howell -Chapman property which cost us approximately $350,000
more than we expected.
Chairman Scurlock asked where we would have found the money
for the Howell -Chapman property if we did not receive this excess
from the Sheriff's Dept., and OMB Director Joe Baird stated that
we would have had to put a freeze on everything.
Chairman Scurlock felt we still should put a freeze on
everything, and Director Baird stated that is still the case.
What they had planned to do is book accounts and put accounts
payable into the following year to make up the $350,000.
However, with the Sheriff's excess monies, it will not be
necessary to do the book entry situation.
Chairman Scurlock still wanted to use this money to reduce
the budget, and Director Baird recalled that at the preliminary
budget hearing, the Board requested the County Administrator to
decrease the budget by $200,000, and that decrease is reflected
in the notice that appeared in the local newspapers for tomorrow
night's final budget meeting. Director Baird stressed that when
he considers the cash forward account, he phones each constitu-
tional officer and asks them what they intend to turn back at the
end of the fiscal year, and the Sheriff had indicated he would be
returning $250,000. That was the figure considered rather than
the $425,000.
Commissioner Eggert did not want to play games with the
budget and let the people think feel they are getting a decrease
in the budget when they really are not.
Chairman Scurlock stressed that all year long the Board
hears more and more requests for increased law enforcement, but
when the bills come due, some people object to the cost. He
58
M M M
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noted that some of the people at the budget hearings were not
evenlpolite, and that five Commissioners stuck it out alone,
without one constitutional officer being present. He emphasized
that 'he has asked each of the constitutional officers to attend
tomorrow evening's final budget hearing which begins at 5:01
O'clock.
The Commissioners noted that -few people were in attendance
duri g the budget workshops besides staff members and
representatives from those agencies requesting an increase in
thein, budgets.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
accepted the $425,000 in excess funds from the
Sheriff's Dept. and authorized the transfer of
$51,500 of the anticipated excess to the Sheriff's
Capital account for equipment needs, as requested by
the Sheriff in the above budget amendment.
STATUS REPORT FROM COUNTY ADMINISTRATOR ON VARIOUS REQUESTED
PROJECTS
The Board reviewed the following memo:
TO: Charles P. Balczun, Administrator
FROM: Liz Forlani, Administrative Aide
RE: Commission Requested Projects
It has been suggested by some Commissioners that the
follow ng list of requested projects be placed on an agenda for
discussion and priortization by you, and in addition, your
estimation of time for completion. The list is a compilation of
assignents requested during budget hearings and during regular
Commis ion meetings. Also, the Commission would like to be
inform d as to what projects on this list have been completed.
1. C�me up with list of capital projects to be purchased with
f deral revenue sharing funds.
2. Building and Grounds
Itemize a list of line items for building renovation and
architect services.
59 BOOK 69. PAGE•�2O
5
BOOK 69 wr 21
3. Veteran Service
Board authorized that the Canon Memory Typewriter in Joe
Baird's office be given to Vet. Service office and Joe Baird
get a new Personal Computer.
Coordinate purchase of a copier that would be available for
all county offices housed in the 2001 Building
4. Section Eight - Rental Assistance Program
Prepare and have a plan to take over by October 1st, 1987 if
we have to, if not by this October, be prepared with plans
to take over by 1988 budget hearings.
5. Recreation
Prepare and recommend by next budget year how we are going
to operate a County Recreation Program either by contract
with the City, doing it ourselves or not doing it at all.
6. Property Appraiser
Computer system must be compatible and be able to integrate
into the County's system. (Copy of Board Minutes attached).
7. Sheriff _
Maintenance is going to be 'carried out under Building &
Grounds, electricity will be within the Sheriff's budget.
8. Salaries
Get salaries and job descriptions under control
(consistency)
9. Vehicle Allowances
Analyze who has a car and who gets mileage
10. Authorization to advertise for Ordinance changes affecting
right-of-way requirements (approved by Board May 19, 1987)
11. Housing Authority Agreement - Attorney Vitunac {Q*&v4wL-)
12. Computer Study - Administrator - 45 days - as soon as
possible- (discussed at budget hearing 7-22)
13. Federal Revenue Sharing List (capital projects) -
Administrator
14. Information on possible sale of Tracking Station beach lot
next to F.I.T property
15. Fellsmere Library Lease - Ass't Attorney Brennen/Eggert
16. Ordinance - Emergency Medical Services/ Certificate of Need
- Ass't Attorney Brennen/Wright/Eggert
17. Primary Care Program to be developed and Primary Care
Service Panel be established - Eggert/Galanis (IMMEDIATELY)
18. Engineer Consultants - small jobs
19. Investigation into employee parking areas including 26th
Street parking
20. Subdivision sidewalk requirements - this item was first
brought up at the 7-28 meeting and again at the meeting of
8-18
29. Fellsmere Library (1) increase of $578 in insurance charge
and (2) Library Lease Agreements with Sebastian and
Fellsmere
60
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1) Capital Projects
—Xddministratorf3alczun noted that Items 1 8 13 are essentially
the same. Director Baird has that list and it is his
IZndt
erstanding that it will be placed on the Agenda for either
week's meeting or the week after that.
2) Building S Grounds
dministrator BBalczun noted that we did that this morning
with the list of items for renovation and the selection of an
architect, but Commissioner Eggert did not believe the Board
had ever seen the list of renovations. Administrator Balczun
oted that there are only two projects at this time -- his
office and the Utility offices. He felt that if the Board
wants something else during the year, those items could be
0dded to the architect's contract. Commissioner Eggert
xpected to see a line item list of the renovation costs,
nd Administrator Balczun advised that staff would be able to
provide those details during the construction end of it
because we don't know yet what the Architect is going to
design.
3) Vteteran Services
ministrator BaIczun advised that this is really an
Aerating cost item for next fiscal year. They buy
typewriters and move them around, and they plan to coordinate
the purchase of a copier.
4) Section Eight - Rental Assistance Program
dministrator Balczun advised that the Division of Community
evelopment was directed by memorandum dated 7/16187 to
evelop a plan for an October 1st takeover in 1987 for
Section Eight, and a contingency plan for October 1, 1988 for
the entire Authority. Administrator Balczun expected to have
that from staff in a couple of weeks.
5) Recreation
Administrator Balczun explained that we have not developed a
Dong -range recreation plan principally because Pat Callahan,
Director of City/County Recreation Programs, is just getting
started on the programs, and he advised that after they talk
to the Parks 6 Recreation Committee, he would be spending
sometime with her discussing future recreational needs.
However, he stated that we do not have a long-range plan.
Commissioner Eggert asked why the Commissioners' directive
as just dropped, and it was explained that the
recommendations by the Parks 6 Recreation Committee for a
long-range plan never did get to the Board. Chairman
Scurlock believed that was the intent of the directive, to
see if we should have a county -wide recreation program or go
our separate ways. Commissioner Eggert believed that the
oard asked to receive a copy of the recommendations of the
arks 6 Recreation Committee. Administrator Balczun said he
id not have a copy of the recommendations but would obtain a
opy and take a look at it. Chairman Scurlock requested that
all the Commissioners be given a copy also.
6) roperty Appraiser's Computer System
dministrator alczun reported that the Property Appraiser
as acquired his mapping system. The compatibility,
pecifically with the Utilities Dept. system is nearing
completion, and that we would that in a couple of weeks.
ommissioner Eggert understood that he was asked not to
cquire this system until the study was made, and Chairman
curlock also understood there was a hold on it. He was not
ure how the Property Appraiser could buy it without using
onies that have been allocated for next year. Commissioner
Eggert understood that the Board did not want to stop him
61 n
SEP 1981 BOOK x.69 FACE 322
P
BOOK 63 PAQ323
from buying the computer, just that it be coordinated with
the various county offices. Administrator Balczun stated he
would talk to Mr. Nolte this afternoon, and Chairman Scurlock
requested that a report be made at the next Board meeting.
Commissioner Bowman wished to see the report from the
consultant. Administrator Balczun advised that Utilities is
reviewing a draft of the final report.
7) Sheriff
Administrator Balczun advised that this item has been done,
and that it was in the budget.
8) Salaries
Mffi ntstrator Balczun advised that this item has been done.
9) Vehicle Allowances
Administrato~r—galczun reported that during the budget
workshops, Director Baird handed out a list of vehicle
allowances, but Chairman Scurlock understood that the Board
wanted to see who has these allowances, who does not, and see
if in some cases whether a vehicle allowance plus mileage is
more appropriate. He stressed that the Board wants to see a
list of everyone who is getting a car allowance and a
recommendation on whether they should continue to receive an
allowance, whether it should be expanded, etc. Commissioner
Eggert was especially concerned about the extra mileage that
would be involved in Doug Wright's working with the North
County Fire District and whether it would be more economical
for the Fire District to pay that expense. Administrator
Balczun stated that he would check it out.
10) Ordinance Changes Affecting R/W Requirements
Administrator Balczun did not know if Public Works Director
Jim Davis has handled that item as yet.
11) Housing Authority Agreement
Attorney Vitunac advised that this
overdue. The County is following
the Housing Authority enough time
they are doing so that the County
mortgages.
item is not really
a game plan so as to give
to be current with what
might not even have to sign
12) Computer Study
Chairman Scurlock noted that this is the same as Item 6.
13) Federal Revenue Sharing List of Capital Projects
Administrator Balczun noted that this is the same as Item 1,
which will be brought to the Board at next week's meeting or
the week after.
14) Tracking Station Beach Property
ME nistrator Balczun believed that Director Davis reported
to the Board last Tuesday that the appraisal is in route.
15) Felismere Library Lease
Commissioner Eggert admitted that this item is overdue, but
felt the lease should be along in a couple of weeks.
16) Ordinance - EMS - Certificate of Need
Commissioner Eggert stated that we are still in process on
this item and changes in the law require us to adopt an
ordinance in order to give out certificates of need.
17) Primary Care Program
irommissioner ggert reported she and Mike Galanis have been
working on this item and a panel group has been established.
62
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18) Engineering Consultants - Small Jobs
airman Scurlock understood that t is has been advertised,
nd Administrator Balczun reported that there is a request
or proposal out on the Utilities engineer and anticipated a
ood response. They will be interviewing 5 or 6 engineering
firms next week for the CR -512 project.
19) Employee Parking Areas
Pdministrator�Esalczur recalled that the Board budgeted money
for the upgrading of 26th Street behind the Administration
uilding, and Chairman Scurlock asked about area along the
anal bank. Administrator Balczun reported that Director
avis is waiting for a reply to our letter to the Drainage
District. Commissioner Eggert understood that the employees
were to be advised not to park by the canal, and
Administrator Balczun did not have a problem with that, but
wondered how we were going to accomplish that. Various
methods of how to discourage employees from parking along the
canal on 26th Street and in front of the kidney dialysis
offices on 25th Street were discussed. Administrator
Palczun said he would talk with John Little about parking on
75th Street because that is under the City's jurisdiction.
20) Subdivision Sidewalk Requirements
min stratorBaal F 5eT evved tFis item is in process.
21) ellsmere Library Insurance
ommissionerg€ggert reported that this matter has been taken
care of.
APPOINTMENT TO CODE ENFORCEMENT
issioner Bowman reported that the man being considered
is stl,lll out of town and that she would bring it back to the
Board at a later date.
re being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:15 o'clock A.M.
ATTE IT :
Chairman
63 BOOK ,�� PACE X24