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HomeMy WebLinkAbout2/23/1988• Tuesday, February 23, 1988 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, February 23, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. 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 Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Balczun requested that Item 9-B-1 - Heavy Truck Purchase Direct from State Contract - be moved to the Consent Agenda as Item 12. CONSENT AGENDA 1. Sole Source Certification for Postage Machines Procedure The Board reviewed memo of Purchasing Manager Ambler: FEB P231988 BOOK i- ,;t. 01. TO: Charles Balczun County Administrator THRU: P. J. Mattes �� e Asst. County Administrato DATE: Feb. 15, 1988 FILE: SUBJECT: SOLE SOURCE CERTIFICATION FOR POSTAGE MACHINES PROCEDURE 2b, (llb) GuAmbler, C.P.M. Purchasing Manager EFERENCES: 1. DESCRIPTION AND CONDITIONS The mail room has requisitioned a postage meter. 2. ALTERNATIVES AND ANALYSIS Purchasing, working with the mail room, has -determined that the brand of postage meter best suited for our needs is a Pitney Bowes (Model #6120). This decision is based on maintenance available, our mail room staff's knowledge of the Pitney Bowes System and our long history of responsible support from Pitney Bowes. We would like to purchase direct from Pitney Bowes without bid, this will be a Sole Source Purchase. 3. RECOMMENDATION AND FUNDING As required with any Sole Source Purchase, I have determined that this exact machine is available from only Pitney Bowes. Therefore, I am certifying to you that his purchase is, a Sole Source Purchase and request your approval to award on that basis. The price schedule offered to the County by Pitney Bowes reflects GSA discounts and is $600.00 less than originally budgeted. Final price to the County will be $6,675.00. Budgetary funding has been confirmed for expenditure from Administration Services account number #001-251-519-066.41. Staff requests authorization to order. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously authorized the purchase of a Pitney Bowes (Model #6120) as a Sole Source Purchase in the amount of $6,675.00 reflecting GSA discounts, as recommended by staff. 2 FEB 23 1988 BODI 71 PA,;c 02 2. Florida Mining & Materials - Site Plan Extension The Board reviewed memo of Staff Planner John McCoy: TO:Charles P. Balczun DATE: February 10, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: Th__,, // 'o•ert M. K Community De$elo FLORIDA MINING & MATERIALS tin • , AICP SUBJECT: REQUEST FOR SITE PLAN EXTENSION ent Director THROUGH: Stan Boling 4' 8 , Chief, Current Development FROM: John McCoy Staff Planndr REFERENCES: fl mining/materials JOHN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 23, 1988. DESCRIPTION AND CONDITIONS: On April 9, 1988, the Planning and Zoning Commission approved a major site plan application submitted by Florida Mining and Materials. Approval was given to construct a 8,800 sq. ft. concrete batch plant. Prior to the approval expiration date, the applicant is now requesting in writing an extension of the site plan approval (see applicant's letter). No ordinance changes have been enacted since the original approval date that would cause any change in the site plan application. The application, as approved, conforms to current regulations. Due to permitting constraints, Florida Mining and Materials has been unable to commence construction and does not want to risk the lapsing of site plan approval. Therefore, pursuant to the provisions of section [23.1(G)(2)], Appendix A of the zoning code, Florida Mining and Materials is requesting a full 1 year extension of the approved site plan. In such situations, the Board's policy has been to grant such extensions. RECOMMENDATION: Staff recommends approval of Florida Mining and Material's request for a 1 year extension of their approved site plan; the new expiration date to be April 9, 1989. FEB 1988. ON MOTION by Commissioner Eggert, SECONDED by Commis— sioner Wheeler, the Board unanimously approved a one year extension of site plan as requested by Florida Mining & Materials. 3 BOOK 71 pai,E 03 3. Miscellaneous Intersection, Phase 11, C.O.#1 The Board reviewed memo of the Public Works Director: TO: Charles P. Balczun, County Administrator FROM: James W. Davis, P.E. Public Works Director DATE: February 12, 1988 FILE: SUBJECT: Miscellaneous Intersection - Phase II - Change Order No. 1 �✓ REFERENCES: DESCRIPTION AND CONDITIONS Lloyd & Associates, Engineer for the Oslo Road/ US 1 instersection improvements, is requesting a change in the Concrete Strain Poles to be placed at the intersection of Oslo & US 1. The Florida Department of Transportation is requiring a stronger, larger pole be placed at this intersection rather than the one originally bid. The total increase to the contract for Change Order No. 1 will be $ 1,726.00. ALTERNATIVES AND ANALYSIS Staff has reviewed the requested change and concurs with the Change Order as prepared. RECOMMENDATIONS AND FUNDING Staff recommends that Change Order No. 1 be approved and that the Chairman be authorized to execute the Change Order. Funding to be frau Fund 109 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Change Order No. 1 - Misc. Intersections - Signalization Improvements (Signal Construction Co.) in the amount of $1,726.00. FEB 2 3 1988 4 BOOK 71 PALE 04 No. CHANGE ORDER 1 Dated January 13, 1988 Owner's Project No. 8532 Engineer's Project No. 86-584 Project Misc. Intersections - Signalization Improvements Owner Indian River County Contractor Signal Construction Co., InQ,bntract Date Contract For Signalization Improvements at Oslo & U.S. 1, 8th St. & 27th Ave., 4th St. & Old Dixie This Change Order for Oslo & U.S. 1 Portion Nature of the Change: Delete item 641-14-40 Concrete Strain Poles 4 Each @ $1,648.00 = Add Item 641-14-42 Concrete Strain Poles Class VI V.4 Each @ $ 2,079.50 = z Net Increase or Decrease $ 6,592.00 $ 8,318.CC NET INCREASE $1,726.00 The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order $ 82,425.75 Net (Increase) (I)commagg) resulting from this Change Order $ 1,726.00 Current Price Including This Change Order $ 84,151.75 Contract Time Prior to this Change Order 45 Calendar Days. Net (Increase) (Decrease) resulting from this N/A •- .Change Order Calendar• Days Current Contract time including this Change 45 Order Calendar Days The above changes are approved: FEB 2 3 1988 BOOK 71 FAU 05 The above changes Are accepted: • . APPROVED BY: SIGNAL CONSTRUCTION CO., INC. Contractor V By: Date: &-- ACCEPTED BY:. Don C. Sour . , Jr., Board of County Commiss cif nsrs Date: a—ce2,3— f' William G. Collins II Assistant County Attorney OP 4. Final Assessment Rolls, 98th Avenue & Commerce Ave. The Board reviewed memo of Civil Engineer Terry: TO Charles P. Balczun County Admin] trate ,j THROUGH: ,/ i Ralph N. rescia, '.E. County Engineer FROM: c -'4`111-)a DATE: February 3, 1988 FILE SUBJECT: 1) 98th Avenue 2) Commerce Avenue P/Nqc 4ssesagitsv f Michelle A. Terry, Civil Engineer REFERENCES: DESCRIPTION AND CONDITIONS The paving of 98th Avenue South of SR #60 & South of 12th Street is complete. The final cost estimate for the work is: • Final Prelim. 'Cost/Acre Cost/Acre Final Cost 1) 98th Ave. 100% $900.515 $928.1167 75% $675.3869 $696.0876 Final Prelim. Cost/FF Cost/FF 2) Commerce Ave. 100% $12.729 $15.00 75% $ 9.5468 $11.25 FEB 231988 6 $41,050.91 $30,788.19 Final Cost $5091.64 $3818.73 Commerce Avenue and preliminary Prelim. Est. $42,309.13 $31,731.85 Prelim. Est. $6,000.00 $4,500.00 BOOK 71 PACE 06 All construction costs are under the original estimate. The final assessment roll has been prepared and is 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 assessment 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. RECOMMENDATION AND FUNDING It is recommended that the final assessment rolls for the paving of 98th Avenue and Commerce Avenue be approved by the Board of County Commissioners and that they be transferred to the Office of the Clerk to the Board for collection. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Final Assessment Rolls for the paving of 98th Avenue south of SR 60 and Commerce Avenue south of 12th Street as recommended by staff and directed that they be trans- ferred to the Office of Clerk to the Board for collection at an interest rate of 12% as established by the Board of County Commissioners. COPY OF SAID ASSESSMENT ROLLS ON FILE IN OFFICE OF CLERK TO BOARD 5. Budget Amendment #022 - 5% Salary Increase FY 87/88 The Board reviewed Budget Amendment submitted by the OMB Director: FEB 231988 7 BOOK 71 PGE 07 dj • T0: Board of County Commissioners FROM: Leila Miller Budget Analyst THROUGH: Joseph A. Baird OMB Director LATE: February lst, 1988 SUE: Budget amendment for 5% salary increase approved by the Board in Oct. for 1987/88 yr. The following budget amendment reflects the 5X sala-y increase granted by the Board in October 1987 and the increase in Health insuraice: Account Number Account Name Increase Decrease General Fund -Board of County Commissioners , • 001-101-511-011-11 Executive Salaries 0 011-12 Regular Salaries 4,233 011-14 Overtime 8 011-15 Special Pay 90 012-11 Social Security 466 .Q12,12- Retirement Contribution 92 '012-13 Ins -Life and Health • 6,604 012-14 Worker's Compensation 25 General Fund -County Attorney 001-102-514-01i-12 Regular Salaries 10,026 012-11 Social Security 745 012-12 Retirement Contribution 1,586 012-13 Ins -Life and Health 1,487 012-14 Worker's Compensation 58 General Fund -Recreation • 001-108-572-011-12 Regular Salaries 4,015 011-14 Overtime 15 012-15 Special Pay 30 '012-11 Social Security _ 303 012-12 Retirement Contribution 657 012-13 Ins -Life and Health 3,650 012-14 Worker's Compensation 184 • General Fund -Libraries 001-109-571-011-12 Regular Salaries 6,192 011-13 Other Salaries and Wages 1,504 011-15 Special Pay 25 FEB 231988 012-11 Social Security 573 012-12 Retirement Contribution 1,249 012-13 Ins -Life and Health 9,954 012-14 Worker's Compensation 43 012-15 Unemployment Comp 0 8 BON 71 PAGE 08 4 • Account Nuaber Account Naae General Fund -Sebastian Library 001-112-571-011-12 011-13 012-11 012-12 012-13 012-14 General Fund -IR Soil 001-118-537-011-12 012-11 012-12 012-13 012-14 General Fund -Law Library 001-119-516-011-12 012-11 012-12 012-13 012-14 'General Fund-Mai$istrator 001-201-512-011-12 011-15 012-11 012-12 012-13 012-14 General Fund -Personnel 001-203-513-011-12 .• 011-14 011-15 012-11 012-12 012-13 012-14 Regular Salaries Other Salaries and Wages Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Regular Salaries Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Regular Salaries Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Regular Salaries Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Regular Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation General Fund -Veteran's Services 001-206-553-011-12 011-15 012-11 012-12 012-13 012-14 FEB 2 31988 Regular Salaries Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation 9 Increase Decrease 3,221 715 292 637 5,427 27 537 39 86 864 3 624 48 101 1,794 21 7,409 50 554 1,169 2,430 43 3,916 25 25 295 642 22 2,617 30 198 428 1,793 15 1.368 BOOK 71 Pa U 09 Account Number Account Hese General Fund -Emergency Management Increase Decrease 001-208-525-011-12 Regular Salaries 1,209 012-11 Social Security 80 012-12 Retirement Contribution 229 012-13 Ins -Life and Health 174 012-14 Worker's Compensation 7 ' iara1r+Bd-Pafuse $fl: -2C9 3 -011-12 011-14 x11-15 Regular Salaries 8,158 'Overtime 25C. Special Pay 48 012-11 Social Security 626 ?12-12 Retirement Contribution 1.368 012-13 Ins -Life and Health 7,009 '12-14 Worker's Compensation 1,292 General Fund -Parks "001-210-572-411-12 Regular Salaries 12,199 011-13 Other Salaries and Wages 50 011-14 Overtime 50 011-15 Special Pay 209 012-11 Social Security 930 012-12 Retirement Contribution 012-13 Ins -Life and Health 10,966 012-14 Worker's Compensation 549 Seneral Fund -Welfare 001-211-564-011-:2 Regular Salaries 2,074 011-15 Special Pay 25 012-11 Social Security 156 012-12 Retirement Contribution 340 012-12 Ins -Life and Health 764 01x-14,• Worker's Compensation 15 aeieral Fund -4g EAtension 001-212-537-011-12 Regular Salaries 2,627 011-15 Special Pay 79 0:2=11 Social Security 201 012-12 Retirement Contribution 439 012-13 Ins -Life and Health 798 012-14 Worker''s Compensation 15 6ereral Fund -Youth Guidance 001-213-523-011-12 011-14 FEB 23 1988 Regular Salaries Overtime 2,522 14 012-11 Social Security X70 012-12 Retirement Contribution 412 012-13 Ins -Life and Health 2,718 012-14 Worker's Compensation 15 10 623 BOOK .71 P,E. 10 .., Account tuber General Fund -Purchasing 001-215-519-011-12 011-14 011-15 012-11 012-12 012-13 012-14 Account Nese Regular Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation General Fund -Bldg and Grounds 001-220-519-011-12 ?11-14 M1-15 012-11 012-12 012-13 12-14 General F:rd-Budget Office C01-229-5:3-01:-12 011-14 011-15 012-11 012-12 012-13 012-14 General Fund -Risk Management _qo'1-2L6-513-011-12 011-14 012-11 012-12 012-13 012-14 General Furs -Animal Contrgl 001-250-5c2-011-12 011-14 012-11 012-42 012-14 Regular Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Pegular Salaries Cvertime Special Par Social Security Retirement Contritution Ins -Life and Health Worker's Compensation Regular Salaries Overtime Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Regular Salaries Overtime Social Security Retirement Contribution Ins -Life and Health Worker's Compensation " General Fund -General Services 001-251-519-012-12 Regular Salaries 011-15 Special Pay 012-11 012-12 012-13 x!12-14 Property Appraiser 001-500-5221-099-06 Budget Transfer -Property Appraiser 13,692 (for insurance increase only) Social Security Retirement Contribution Ins -Life and Health Worker's'Compensation • Increase Decrease 2,94a 25 53 225 490 135 72 12,581 370 195 976 2,127 5,541 801 5,046 ;8 140 291 251 1,639 30 2,102 10 35 33 1,608 12 2,170 130 172 372 922 115 1.853 25 140 304 11 11 FEB 23 1988 657 BOOK 71 PACE 11 { Account Miler Account Nase General Fund -Sheriff 001-600-586-099-04 Law Enforceeent 001-600-586-099-14 Detention center Increase Decrease 334.510 127,933 General Fuad-Electiors 001-700-519-012-13 Ins -Life and Health 2,646 General Fund -Circuit Ccurt 001-931-516-011-12 Regular Salaries 0 01"c-11 Social Security 012-12 Retirement Contribution 012-13 Ins -Life and Health 012-14 Worker's Coepensation 6ener ai Fina -Probation 0 2,696 Oui-90a-523-01;-12 Regular Salaries 3,100 5 15 012-11 Social Securit', 226 012-12 Retirement Ccetrihuttc 501 012-13 Ins -Life am Health 813 012-14 Worker's Compensation 29 001-199-561-099-91 Reserve for Cortiagenc:-General Fund 675,595 NSTJ-Recreation 004-106-72-011-12 Regular Salaries 1,261 011-14 Cvertiwe 15 011-15 Special Pay 45 012-11 Social Security 99 012-12 Retirement Contributi:r, 214 312-13 Ins -Life and Health 6,092 012-14 Worker's Coopensation 60 NSTU-Planning and Development 004-204-515-011-12 Regular Salaries 2,692 011-15 Special Pay 49 012-11 S:cial Security 203 . O.i:212.• ' Retirement Cortribu:ior 444 012-13 Ins -Life and Hearth 2,275 012-14 Worker's Compensation 16 012-15 Unemployment Comp 0 MSTU-Coun.ty Planning 004-205-515-011-12 Regular Salaries 12,863 011-15 Special Pay 78 012-11 Social Security 961 012-12 Retirement Contribution 2,095 012-13 Ins -Life and Health' 6,025 012-14 Worker's Coepersa:ion 778 012-15 Unemployment Comp 0 12 FEB 2 3 1988 BOOK 71 PAH 12 • Account Nader MSTU-Code Enforcement 004-207-524-011-12 012-11 . 012-12 012-13 (12-14 Account Nese Increase Decrease Regular Salaries Social Security Retirement Contribution Ins -Life and Health Worker's Cospensation KSTU-Fraecr.ise Administration 004-234-537-011-12 012-11 012-12 012-13 012-14 004 -199 -S81 -09S-91 Road and Bridge 111-214-541-011-12 011-14 011-15 012-11 012-12 012-13 012-14 Regular Salaries Social Security Retirement Contribution Irs-Life and health Worker's Cospensation Reserve for Contingencv-HSTU Regular Salaries Overtime . Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation . Road and Bridge -Public Works 111-243-519-011-12 011-14 011-15 012-11 012-12 012-13 012-14 Regular Salaries Overtime Special Pay Social Security Retirement Contribution ins -Life and Health Worker's Compensation Road and Bridge -County Engineering 111-244-541-011-12 011-14 01115 012-11 012-12 012-13 012-14 Road and Bridge -Traffic 111-245-541-011-12 011-14 011-15 012-11 012-12 012-13 012-14 111-199-581-099-91 111-199-581-099.92 FEB 2 3 1988 Regular Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Engineering Regular'Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Peserve for cortingency Cash forward 13 4,056 302 657 2,550 327 2,080 155 337 53 11 55,630 1,600 541 4,288 9,347 41,320 5,523 5,223 5 78 394 859 31 17,614 300 75 1,012 2,910 16,494 1,211 8,429 153 104 646 2,105 5,229 690 46,793 4,851 140,000 36,960 BOOK �1 PAGE 13 �Accau� �u�ber ' ,14;_.7.,4:- SouthCounty Fire -i114-120-522 -011 -12 011-13 012-1! 012-12 012-13 012-14 114-120-522-099-91 Petition Paving -Road 173-214-541-011-12 011-14 • 012-11 012-12 012-13 012-14 173-000-363-010-00 Landfi11 411-217-534-011-12 011-13 011-14 011-15 012-11 012-12 012-13 012-14 Account Name Regular Salaries Other Salaries Social Security Retireaent Contribution Ins -Life and Health Worker's Compensation Reserve for contingency and Bridge 411-217-534-099-92 Golf Course -Operations 418-221-572-011-12 011-14 012-11 012-12 012-13 012-14 Regular Salaries Overtime Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Paving -Assessments Regular Salaries Other Salaries and Wages Overtime Special Pay Social9ecurity Retireaent Contribution Ins -Life and Health Worker's Compensation Cash forward Regular Salaries Overtime Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Solf Course -Food and Beverage • 418-232-572-011-12 011-14 012-11 012-12 012-13 012-14 Golf Course -Clubhouse 418-236-572-011-12 011-14 012-11 012-12 012-13 012-14 418-000-389-040-00 FEB 23 1988 • Regular Salaries Overtire Social Security Retirement Contribution. Ins -Life and Health Worker's Compensation Regular Salaries Overtime Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Cash forward -October 1st Increase Decrease 14 7,449 1,913 697 4,064 80,366 680 13,063 50 974 2,122 11,320 1,254 28,783 19,173 219 780 528 1,536. 3,349 ' 8,946 1,402 • 7,857 741 • 639 • 1,391 28,560 2,506 30 188 410 117 7,311 284 563 1,229 21,066 68,419 95,169 35,933 2,169 575 1,729 BOOK 71 FACE 14 sser Account Auger Y:,;'County Building Department 441-233-524-011-12 011-14 011-15 012-11 012-12 012-13 012-14 441-233-524-099-92 County Utilities -Sewer • 471-218-536-011-12 011-14 011-15 012-11 012-12 012-13 012-14 471-218-536-034-53 County Utilities -Water .471-219-536-011-12 011-14 011-15 012-12 012-13 012-14 471-219-536-034-53 County Utilities -General 471-235-536-011-12 011-14 011-15 012-11 012-12 012-13 012-14 471-219-536-034-53 Fleet Management 501-242-591-011-12 011-14 011-15 012-11 012-12 012-13 012-14 012-15 501-242-591-099-92 501-000-395-010-00 FEB 2 3 1988 Account Name Regular Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation Cash forward Regular Salaries Overtime Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Compensation General liability insurance Regular Salaries; Overtime- Special Pay Social Security Retirement Contribution Ins -Life and Health Worker's Coopensation General liability insurance Regular, Salaries Overtime Special Pay • Social Security Retirement Contribution Ins -Life and Health Worker's Compensation General liability insurance Regular Salaries Overtime Special Pay Social Security • Retirement Contribution Ins -Life and Health Worker's Compensation Unemployment Compensation Cash forward -September 30th Vehicle Maintenance charges 15 Increase Decrease 18,209 78 124 1,367 2,979 15,689 869 11,605 915 250 1,154 2,199 2,368 13,870 990 250 1,025 2,589 3,437 2,531 9,976 120 250 1,812 2,733 '1,460 11,317 50 200 858 1,872 376 736 0 409 39,315 11,642 6,849 24,692 2,141 14,210 15,000 BOOK .71 PAGE 15 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Budget Amendment #022 as set out above. 6. FY -88 Emergency Management Assistance Agreement (EMA) The Board reviewed memo of Director Wright: TO: Charles P. Balczun DATE: February 9, 1988 FILE: County Administrator THRU: Sharon Brennan Phillips Asst. County Attorney SUBJECT: Agenda Item Approval of FY -88 Emergency Management Assistance (EMA) Agreement I FROM: Doug Wright, Director REFERENCES: Rule 9G-11 Emergency Management Services Florida Administrative Code DESCRIPTION AND CONDITIONS Indian River County Department of Emergency Management Services has received the attached FY -88 Emergency Management Assistance Agreement (EMA) from the Federal Emergency Management Agency thru the Department of Community Affairs in the amount of $22,322.30 which is matched by the County government. The funds will be utilized to complete the Scope of Work contained in the agreement within the time frames noted. ALTERNATIVES AND ANALYSIS The allocation of funds is based on a monitoring report complete by state officials on site. The Indian River County Department of Emergency Management. Services received the maximum number of points (5.00) during the program evaluation. Only nine (9) Counties out of the entire state received this high an evaluation. RECOMMENDATION Staff recommends approval of the FY -88 EMA Agreement and requests the Board of County Commissioners to authorize the Chairman to sign all three copies of the original. The three signed origin- als are to be returned to the Department of Community Affairs for execution. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the FY -88 EMA Agreement with the DCA and authorized the signature of the Chairman. COPY OF SAID AGREEMENT AND EXHIBITS ON FILE IN THE OFFICE OF FEB231988 CLERK TO THE BOARD. 16 Bdg 71 FALL 16 7. Bid #392 - 3/4 Ton Pickup Truck The Board reviewed memo of Purchasing Manager Ambler: TO: Charles Balczun County Administrator THRU: P. J. Mattes f?+1 Asst. County Administrator DATE: February 113 1988 FILE: SUBJECT: IRC BID #392..3/4 TON PICKUP TRUCK FROMREFERENCES: G— • er, C.P. Purchasing Manager 1. DESCRIPTION AND CONDITIONS Bids were received Wednesday, January 27, 1988, at 2:00 p.m. for IRC Bid #392. 36 Invitations to Bid were mailed, 8 vendors responded. 2. ALTERNATIVES AND ANALYSIS Low bid meeting specifications was submitted by Superior Pontiac,.GMC! at $9,728.00. State Contract price for equal vehicle is $9,789.00. 3. RECOMMENDATION AND FUNDING Staff recommends that IRC Bid #392 ba awarded and that the purchase. be accomplished from Superior Pontiac -GMC. Budgetary Funding has been confirmed for expenditure from Utility Services, Account Number 471 ?la -536-066.49, $10,000 was budgeted. Staff requests authorization to ord o. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously awarded Bid #392 for a 3/4 ton Pickup Truck to the low bidder, Superior Pontiac -GMC, in the amount of $9,789.00, as recommended by staff. 8. Bid #393 - Tractor and Rotary Mower The Board reviewed memo of Purchasing Manager Ambler: 17 FEB 23 19313 BOOK .71 f"GE 17 TO: THRU: FROM: Gus Ambler, C. ,M, Purchasing Manager Charles Balczun County Administrator P.J. Mattes Asst. County Administrator DATE: February 11, 1188 FILE: SUBJECT: IRC BID #393 TRACTQR AND ROTARY MOWER ERENCES: 1. DESCRIPTION AND CONDITIONS Bids were received Wednesday, January 27, 1988, at 2:00 p.m. for IRC Bid #393. 20 Bids were mailed out. 8 vendors responded, three with no bids. 2. ALTERNATIVES AND ANALYSIS The lowest bid meeting specifications was submitted by Pippin Tractor at $17,850.00. Bids from Berggren Tractor and Polk Tractor were submitted for mowers only. Bid #393 was issued as a package for tractor and rotary mower together. The equal tractor and mower is available direct from the manufacturer on State Contract for $13,893.00 (Ford 6610 with mower). 3. RECOMMENDATION AND FUNDING Staff recommends that IRC Bid #393 not be awarded and that the purchase be accomplished from Ford Tractor direct, as shown on State Contract #765-900.87-1. Budget funding has been confirmed for expenditure from Utility Services, Account Number 471-218-.536-066-49. Staff requests authorization to order. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously directed that Bid #393 not be awarded and instead the tractor and rotary mower (Ford 6610 w/mower) be purchased direct from the manufacturer, Ford Tractor, at the state contract price of $13,893.00, as recommended by staff. 18 FEB 2$1998 Bea 71 FAH 18 9. Bid #400 - Distance Meter (Surveying Instrument) The Board reviewed memo of Purchasing Manager Ambler: TO: Charles Balczun County Administrator THRU: P. J. Mattes Asst. County Administrator DATE: February 11, 1988 FILE: SUBJECT: IRC BID #400 DISTANCE METER Purchasing Manager FERENCES: 1. DESCRIPTION AND CONDITIONS Bids were received Thursday, February 4, 1988, at 2:00 p.m. for IRC Bid #400. 8 bid proposals were sent out. 2 no bids. 2. ALTERNATIVES AND ANALYSIS Lowest bid meeting Florida, Inc. at a available for this A bid submitted by should, therefore, 6 bids were received, including specifications was submitted by Lengemann of price of $4,697.00. No State Contract is item. Allen Precision Equipment was unsigned and be rejected. 3. RECOMMENDATION AND FUNDING Staff recommends that IR:- Bid #400 be awarded and that the purchase be accomplished from Lpngemann of Florida for $4,697.00. Budgeted funds have been confirmed for expenditure from Engineering, Account Number 111-244-541-066.49. Staff requests authorization to order. FEB 231988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously awarded Bid #400 for a Distance Meter, TOPCON Model #DM -S2, to low bidder, Lengemann of Florida in the amount of $4,697.00 per the following Bid Tabulation: 19 BOOK 71 PAH 19 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION xt ~ w q� ,a w o. ryefr,y'y oati s ao s ''� v Co co 0 Al a 0 A• o $ haAl BID NO. IRC BID #400 DATE OF OPENING 2:OOp.m. 2/3/88 co .4 °' N c� •I we y wy N 0/ BID TITLE DISTANCE METER INCLUDING YOKE, BATTERY, LESS EXTERNAL BATTERY OVER CABL • TOPCON ODEL #DM 2 --NO S TITUTES REM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRI 1.) DISTANCE Mk:iER INCLUDING YOKE, NB 3,95Q_00 NB 4,360 00 4,087 00 4,632 00 m' x. PK ; : ; I01. PO K '.ABLE_ TOPCON MODEL #DM -S2 NO SUBSTITUTES i ea 2.] Battery #BT60 184 5_0 130 00- 195 00 190 00 3.) Complete maintenance agreement for 300 Q0 250 OD_ 415 00 1,537 00 DNE year AFTER warranty less battery 4.) TERMS: Net SO Net Npt 30 Nat lq 5 1 FOA • T)F.LIVF.RY p.) WARRANTY: 1 yr 2 yr 2 yr 1 yr 7.) # of Days for Delivery 1 5 days 10 davls 3 days 15 days TOTAL 4.434 50 4,800 00 4,697 00 6,359 00 10. Release of County Utility Liens The Board reviewed memo of County Attorney Vitunac: TO: Board of County Commissioners e', 4/ -.it FROM: FROM: Charles P. Vitunac, County Attorney DATE: February 12, 1988 RE: CONSENT AGENDA - BCC MEETING 2/23/88 RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: RELEASE of 1 sewer ERU paid by PINECREEK CONDOMINIUM II for Unit 204 in (Map #15). RELEASE of 1 water ERU paid by PINECREEK CONDOMINIUM II for Unit 204 in (Map #D-1) The back-up information for the above is on file in the County Attorney's Office. 20 FEB 2 3 1988 BooK .71 OH 20 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Release of Liens as set out above and authorized the signature of the Chairman. COPIES OF SAID RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 11. Release of County Paving and Drainage Liens The Board reviewed memo of County Attorney Vitunac: TO: Board of County Commissioners FROM: DATE: February 12, 1988 RE: CONSENT AGENDA - BCC MEETING 2/23/88 RELEASE OF COUNTY PAVING AND DRAINAGE LIENS Charles P. Vitunac, County Attorney This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: RELEASE of Mr. and Mrs. Pelletier's Tien regarding improvements on 18th Avenue between 2nd Street and 4th Street. RELEASE of Mr. J. Montuoro, Jr.'s, lien regarding improvements on 48th Avenue in Glendale Lakes Subdivision. The back-up information for the above is on file in the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Release of Paving and Drainage Liens (Pelletier and Montuoro) as set out above and authorized signature of the Chairman. COPIES OF SAID RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 21 IFEB 2 3 1988 BOOK 71 Face 21 12. Heavy Truck Purchase (Road & Bridge) The Board reviewed memo of Purchasing Manager Ambler: TO • • Charles Balczun County Administrator THRU: P.J. Mattes Asst. County Administrator 02,11 - „4 -` FROM: -C---,/- d ' REFERENCES: Purchasing Procedures Gus Ambler, C.P.M. (2b -la). Purchasing Manager DATE: Feb. 15, 1988 FILE: SUBJECT: HEAVY TRUCK PURCHASE DIRECT FROM STATE CONTRACT 1. DESCRIPTION AND CONDITIONS Road & Bridge requested that Purchasing issue invitations to Bid for a 2 Ton Crew Truck in December 1987 (Bid #390). Bids were opened in January 1988. The lowest bid received was for $31,709.00. An equal vehicle was available on State Contract for $30,858.00. Staff recommended and the BCC approved purchase from State Contract, on Jan. 26, 1988. 2. ALTERNATIVES AND ANALYSIS Road & Bridge has now requested that we bid another identical truck. Purchasing requests approval to purchase directly from State Contract, and save the expense and time of a formal bid. We have no reason to believe that another formal bid can better State Contract Prices. 3. RECOMMENDATION AND FUNDING Budgetary Funding has been confirmed for expenditure from Road & Bridge, Account Number #111-214-541-066.42. Staff requests authorization to order. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the direct purchase from State Contract ($30,858) of a 2 Ton Crew Truck for Road & Bridge, the same as approved for Bid #390. 22 FEB 231988 BOCK 71 F'AGE 22 NOISE COMPLAINTS BY AGOSTINO S. LEO REGARDING RIVERWALK SHOPPING CENTER AND WINN DIXIE SUPERMARKET The Board reviewed the following memo dated 2/15/88: TO: Board of County Commissioners DATE: February 15, 1988 FILE: SUBJECT: FROM: Charles P. Balczun REFERENCES: County Administrator NOISE COMPLAINTS - RIVERWALK SHOPPING CENTER AND WINN DIXIE - AGOSTINO S. LEO, 7641 133rd Sq., SEBASTIAN BACKGROUND For a considerable period -of time, Mr. Agostino S. Leo of Roseland has been experiencing what he terms a 'nuisance' arising from: RIVERWALK SHOPPING CENTER High noise levels resulting from cleaning of parking lot during extreme early morning hours. High noise levels emitted by lift station on this property. .. WINN-DIXIE SUPERMARKET High noise levels resulting from cleaning of parking lot during early morning hours. Mr. Leo met with me on August 21, 1987 for the purpose of bringing his complaint to my attention and to request our assistance in abating this nuisance. At that time, I advised Mr. Leo that our options in terms of abatement were extremely limited since we do not regulate noise levels emitted by either parking lot cleaners or lift stations. However, I did inform Mr. Leo that we would make every reasonable effort to cause Riverwalk and Winn-Dixie to be 'good neighbors'. Staff was successful in negotiating a change in parking lot cleaning hours at the Riverwalk Shopping Center from approximately 1:00 a.m. - 4:00 a.m. to a starting time of approximately 7:00 a.m. This change has given Mr. Leo and his neighbors some limited relief. Unfortunately, we were not able to convince Riverwalk Shopping Center to reduce the noise emitted by the lift station or otherwise shield this facility. Likewise, we were not able to convince Winn-Dixie management to alter parking lot cleaning hours. Consequently, Mr. Leo and reportedly his neighbors continue to experience bothersome noises and noise levels, particularly during early morning hours (intermittently around the clock from the lift station). Mr. Leo has requested that I place him on your agenda so he can bring his neighborhood problems directly to you and request your assistance. For your information, the following documentation is attached: 23 FEB, 2 3 1988 BOOK 71 ['AGE 23 AUGUST 21, 1987 BALCZUN to KEATING Subject: Noise Complaint - Riverwalk Shopping Center AUGUST 24, 1987 BALCZUN to LEO Subject: Confirmation of meeting discussion AUGUST 27, 1987 KEATING to BALCZUN Subject: Noise complaint - Riverwalk Shopping Center Status report of actions to date and future actions AUGUST 28, 1987 BALCZUN to KEATING Subject: Noise complaint - Riverwalk Shopping Center SEPTEMBER 1, 1987 DEBLOIS to WATKINS ASSOCIATED Subject: Noise complaint - Riverwalk Shopping Plaza in Sebastian Requests abatement of nuisance SEPTEMBER 15, 1987 NOVICK (TMI REALTY, INC.) to DEBLOIS Subject: Noise complaints at Riverwalk Shopping Center, Sebastian, FL Reports compromise resulting in alteration of parking lot cleaning hours to 6:00 a.m. to 8:00 a.m. SEPTEMBER 22, 1987 KEATING to BALCZUN Subject: Riverwalk Shopping Center noise complaint Reports new parking lot cleaning times SEPTEMBER 22, 1987 BALCZUN to LEO Subject: Advises complainant of new parking lot cleaning times DECEMBER 30, 1987 BALCZUN to KEATING Subject: I. Riverwalk Shopping Center II. Winn-Dixie Report of discussion with complainant and advises staff of continuing complaint(s) DECEMBER 30, 1987 BALCZUN to LEO Advises complainant of complaint referral & report JANUARY 15/18, 1988 DEPARTMENTAL CONTACT FORM Reports contacts with Riverwalk Plaza and Winn-Dixie representatives Results: Riverwalk - Difficult to change cleaning hours from re- cently 'agreed to' time frame cannot modify/enclose lift station Winn-Dixie - Will insure hours continue (beginning at 6:30 a.m.) JANUARY 19, 1988 KEATING to BALCZUN Subject: Riverwalk/Winn Dixie Noise Complaint Reports departmental contacts as referenced above; reports no violations at/on these properties JANUARY 20, 1988 BALCZUN to LEO Reports contacts with Riverwalk and Winn Dixie personnel. Advises that all current remedies have been exhausted. ANALYSIS The County does not have in effect a noise abatement ordinance. As we have discussed in the past, such an ordinance can be extremely difficult to enforce. Further, we do not currently regulate the hours during which commercial establishments may use noise emitting mechanical equipment to clean their parking lots. 24 FEB 2 3 1988 6 BOOK 71 F'.1GE 24 In addition, we do not require accoustic shielding or other noise abatement equipment/devices at lift stations. It is obvious that attempts to bring about 'good neighbor' consciousness has limits both in terms of the types of nuisances we attempt to abate as well as the nature of abatement attempts. Our options are as follows: NOISE CONTROL ORDINANCE The Board of County Commissioners may wish to enact such an ordinance regulating noise levels emitted generally or during specific hours on/from commercial properties. .▪ . • COMMERICAL PROPERTY MAINTENANCE (TIME) ORDINANCE The Board of County Commissioners may elect to enact an ordinance regulating the hours during which commercial properties may be cleaned/maintained by noise emitting devices. LIFT STATIONS The Board of County Commissioners may elect to require noise shielding at lift stations and similar installations when such facilities are within a specified distance from residential properties. RECOMMENDATIONS It is recommended that the Board of County Commissioners direct staff and the County Attorney to draft ordinances as follows: .. Regulating the hours during which commercial properties may be cleaned/maintained when such cleaning and/or maintenance is accomplished with noise emitting devices which emit noise(s) above a specified level. .. • Regulating the level of noise emitted by lift stations and similar facilities when such facilities are within a specified distance of residential properties. Agostino S. Leo, 7641 133rd Square, Sebastian, presented a petition signed by 20 people protesting the loud noises coming from the parking lot cleaning equipment and the lift station at Riverwalk Shopping Center and Winn Dixie. He stressed that the noise begins early morning, 7 days a week. He has filed 5 complaints with the Sheriff's Dept., who said they cannot do anything since the County does not have a noise ordinance in effect. He recalled that Commissioner Lyons and Assistant Attorney Jim Wilson were working on this, but nothing was resolved. When he went to Chairman Scurlock and asked what could be done about the noise so he could get some sleep, Chairman Scurlock's reply was to sell the house. He then called Commissioner Bowman, 25 FEB 2 P Mee BOOK 7 FACE 25 who agreed that we need an noise ordinance. She advised him to plant trees for a sound buffer and put plugs in his ears at night. She told him that she would get back to him, but that was 3 months ago, and no results. He then went to the Code Enforcement staff who said they could not do anything without a noise ordinance in effect. Mr. Agostino stated that he then went to officials at the shopping center, but received no cooperation. He next went to Administrator Balczun, who was successful in getting them to clean the parking lot at 6:00 in the morning instead of 1:00, 2:00, or 3:00. However, not everyone wants to get up at 6:00 A.M., especially if they are retired. Mr. Agostino asked the Board whether he has to sell his house and move in order to get some sleep or is the County going to pass an noise ordinance. Administrator Balczun advised that staff does not feel that an noise ordinance would be the answer to this problem since a noise ordinance is extremely difficult to enforce. He suggested that the most appropriate way to attack the problem is to pass an ordinance prohibiting commercial developments from cleaning their parking lots during certain hours and requiring the use of certain equipment. Administrator Balczun advised that staff has taken a look at the problem with the lift station and it appears to be a problem with the blower motor rather than with the pump and seems to be resolvable. Staff will be working on that today and tomorrow. Commissioner Bowman asked if it would be possible for the shopping center to use a different type of cleaning equipment, and Administrator Balczun explained that the problem is not with a rotary brush type sweeper; the problem is with a vacuum type cleaner, which emits an incredibly loud wail and shrieking noise. He sympathized with the residents in the neighborhood, and felt that if we could restrict that kind of equipment, it would solve this particular problem. 26 ►E 23 X88 BOOK ei6 Mr. Agostino felt that with the right kind of equipment they could clean the parking lot anytime in the early morning hours. Commissioner Bowman believed a sweeper would be a much faster operation, but probably a lot more expensive. Chairman Scurlock believed there was a bit of distortion in what Mr. Agostino has said about his having to move from his home, but Mr. Agostino pointed out that the only person who helped him was Administrator Balczun. Administrator Balczun noted that the Code Enforcement staff were really the ones who solved the problem. He only went up there and checked on the problem, but agreed that it is an awful noise. Commissioner Bird stated that he would be willing to write a letter to the shopping center asking them for their cooperation. Commissioner Wheeler agreed that we did not need an noise ordinance, because the decibel system that is used is very complex and makes such an ordinance very hard to enforce. However, he would like to see the County establish a nuisance ordinance to handle individual complaints on garbage trucks, skate board ramps, noisy parties, barking dogs, etc. He felt there should be a more efficient approach to handle these nuisance situations so that the Sheriff's Department has some authority to check those things out and they wouldn't have to come to the Board in separate discussions. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bird, that the Board direct staff to look into the possibilities of finding a vehicle for a nuisance ordinance which would have a broad application. Under discussion, Commissioner Bird asked if there is an ordinance on the books for handling rowdy parties, etc., and 27 FEE' 2 3 1988 BOOK 71 r•ATE 27 Attorney Vitunac advised that State law protects Mr. Agostino's rights, but he would have to hire an attorney and file a nuisance action in court. It is not the County's obligation to solve all urban problems. Mr. Agostino interjected that he does not have any money to get a lawyer, and felt that is what the County is for because he pays his taxes. Attorney Vitunac said he would be glad to show Mr. Agostino chapter and verse where State law protects his rights, but his only recourse is to get a lawyer and file a nuisance action. He advised Mr. Agostino to get together with the 20 people who signed the protest and share the cost of hiring an attorney to go into court, make a case, and get specific action against the shopping center. That way he would not have to wait 6 months for the County to pass an ordinance restricting certain types of cleaning equipment for the parking lot. Commissioner Bird wasn't sure we could develop an ordinance that would be broad enough to cover all these cases and yet be definitive enough to actually enforce it. He realized that we have had a variety of these cases, but felt we have been fairly successful in dealing with them on an individual basis. Commissioner Wheeler felt the time involved in those cases has been quite extensive, and he would like to see us have something a deputy could use when answering a call on a noise or nuisance complaint, especially during the hours of 10:00 p.m. and 6:00 a.m. 1FU 23 198 28 BOOK 11 FAGE 28. Chairman Scurlock asked Commissioner Wheeler if he wants the County to get involved in litigating every neighborhood problem, but Commissioner Wheeler believed that is what we are doing now. Commissioner Bird felt the best way to go is to write a letter to the managers of the shopping center asking them for their cooperation in changing their cleaning equipment and methods in order to try to reduce the noise to accommodate the neighbors. Attorney Vitunac advised that the Code Enforcement Board could enforce a specific regulation such as no cleaning of parkings lots between certain hours. Director Keating noted that St. Lucie County recently adopted an noise ordinance and we are watching that very closely. One of the unusual or difficult aspects of it is that a deputy has to bring a decibel reader along when answering a call on a noise complaint and use it for at least 25 minutes. It is very time consuming and St. Lucie County went through a long process in adopting their ordinance and had some nationally recognized noise experts working on it. We have a copy of it and are watching to see how well it is working. From that standpoint, staff certainly would be willing to work with the County Attorney on some kind of a general nuisance ordinance. He pointed out, however, that the whole concept of the Zoning Code and the buffering requirements in the Comp Plan in designating nodes is to restrict commercial activities in certain areas and buffer as 29 FEB 2 3 1988 BOOK 7 F �. much as possible the adjacent residents. The Planning Dept. is trying to work with this from an alternative of land use planning, zoning, providing buffered yards, and then as a last result, a nuisance. Commissioners Wheeler and Bird withdrew their Motion on the floor. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously authorized the Chairman to write a letter to the appropriate authorities of the shopping center requesting their assistance in changing the type of equipment and cleaning methods that are used in cleaning their parking lots to try to accommodate the complaints that the County has received from neighboring residents; and direct staff to continue working on the lift station problem. DISCUSSION OF KENNEDY GROVE PROPERTY'S NON -CONFORMING USE (Tabled from 2/16/88 Meeting) The Board reviewed the following letter dated 2/18/88: 30 FEB 23 1988 BOOK 71 PAGE :30 LAW OFFICES OF t3DULO, COOKBEY, FENNELL, APPLEBY. BARKETT & O'NEILL PROFESSIONAL ASSOCIATION JOHN R. GOULD BYRON T. COOKSEY DARRELL FENNELL FRANK M. APPLEBY LAWRENCE A. BARKETT EUGENE J. O'NEILL * + MICHAEL J. HANLEY CHRISTOPHER H. MARINE February 18, 1988 Mr. Don C. Scurlock, Jr., Chairman Indian River County Commission 1840 25th Street Vero Beach, Florida 32960 RE: KENNEDY GROVES, INC. S. R. 510 AND JUNGLE TRAIL GROVE 979 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 TELEPHONE 13051231-1100 •ADMITTED IN MASSACHUSETTS FLORIDA AND DISTRICT OF COLUMBIA FLORIDA BAR BOARD CERTIFIED CIVIL TRIAL. LAWYER OUR FILE NO Dear Mr. Scurlock: Kennedy Groves, Inc. has held a meeting concerning the commission request to rezone the above citrus grove to agriculture. They have asked me to advise you that they will not object to a county initiated rezoning of the above citrus grove from RS -6 to agriculture to reflect the current use of the land. truly yours, `� BYRON T. COOKSEY Chairman Scurlock did not feel that the Board needed to take any action, and Commissioner Bird was glad to see the Kennedy's cooperation in this matter. PUBLIC HEARING SEA OAKS REQUEST FOR CONCEPTUAL PRD APPROVAL 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: FEB 23 1988 31 BOOK 71 PAGE 31 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County. Florida; that the attached copy of advertisement, being a 7/;-161) In the matter of )4A) djei..4 in the — Court, was pub - S, 197f lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County. 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 f-urther 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.beforytme th' (_./� _ day of -i « W D. 19 itX • (SEAL) a r _ I r\- ' n tth3'"(�f Jill (Clerk of tCI?ouit'COitrt; fffd(6n River County, Florida) • ti 'FEB 2 81988 siness Manager) 32 NOTICE OF PUBLIC HEARING Notice of hearing to consider the granting of special exception approval for a Pranned Resi- dential Development The subject- pronely is presently owned by the Sea Oaks Development Company, Inc. '. The subject property Is described as; ^. , A PARCEL. OF LAND WHICH LIES IN , PARTS OF GOVERNMENT LOTS 5, 8, 8 AND 9, SECTION 26. TOWNSHIP 31 SOUTH, RANGE 39 EAST,.. INDIAN RIVER COUNTY. FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOL • LOWS: BEGIN AT THE SOUTHWEST CORNER OF GOVERNMENT 'LOT 8. '. SECTION 28, TOWNSHIP 31 SOUTH. RANGE • 39 EAST RUN "•SOUTH ' 8947'30" EAST ALONG THE . SOUTH LINE OF GOVERNMENT LOT 8; A 01S- TANCE OF• 322.52 FEET; TH,ENCE LEAVING THE AFORESAID SOUTH LINE RUN NORTH 0°12'30" EAST . A DISTANCE OF 10.00 FEET; THENCE RUN NORTH 53°13'47" WEST. A. DIS- - TANCE OF 18321 FEET; THENCE.RUN NORTH 20°49'09" WEST A DISTANCE • OF 230.00 FEET; THENCE RUN NORTH . 4°0410" WEST A DISTANCE OF"1:12.00 FEET; THENCE RUN NORTH 32°55'22" • EAST A DISTANCE OF 155.12: FEET. • : AND TO THE SOUTH LINE OF SEA • r" OAKS BOULEVARD AS RECORDED IN - O.R. BOOK 709 PAGE 2300 ..INDIAN RIVER COUNTY PUBLIC• RECORDS; THENCE FOLLOWING THE.'; SAID • SOUTH LINE OF SEA OAKS BOULE YARD THE FOLLOWING COURSES: '• THENCE ON A"CIRCULAR CURVE CON- CAVE TO THE LEFT WITH A RADIUS OF 440.52 FEET AND A CENTRAL ANGLE OF 18°52'28" RUN AN ARC LENGTH OF 145.12 FEET; THENCE ON A CIRCULAR CURVE CONCAVE TO THE LEFT WITH • A RADIUS OF 631.02 FEET. A CENTRAL ANGLE OF 5°49'08" A CHORD'BEAR- ING OF NORTH 40°23'02" EAST RUN AN ARC DISTANCE OF 64.09 FEET; THENCE LEAVING SEA OAKS BOULE- VARD RUN NORTH 40°04.19" WEST A DISTANCE OF 408.35 FEET; THENCE RUN NORTH 31°45'18" WEST A • DIS. •'TANCEOF128.87FEETTOTHEWEST, '• UNE OF GOVERNMENT LOT 8," SEC- , • - ' TION 26. TOWNSHIP • 31 SOUTH, . ' RANGE 39 EAST. INDIAN RIVER COON- • TY. FLORIDA; THENCE RUN NORTH ; 0°40'32" .WEST ALONG THE WEST' LINE OF GOVERNMENT LOT •6 • AND • . THE EAST LINE OF GOVERNMENT. LOT 9 A DISTANCE OF 174.97 FEET TO THE SOUTHEAST CORNER OF GOVERN.' MENT LOT 8. SECTION 28. TOWNSHIP 31 SOUTH. RANGE 39 EAST; THENCE • • SOUTH 89°57'28" WEST ALONG THE . SOUTH LINE OF GOVERNMENT LOT 6. A DISTANCE OF 100.00 FEET; THENCE , • RUN NORTH 0°41'58" WEST A.OIS-• TANCE OF 411.84 FEET AND TO THE , • NORTH UNE OF THE SOUTH 411.94 • . FEET OF AFORESAID GOVERNMENT- _; LOT 6; THENCE RUN SOUTH 89°57'28" WEST ALONG. THE NORTH UNES OF .• THE SOUTH 411.84 FEET OF GOVERN-' MENT LOTS 5 AND 6 A DISTANCE OF 1493.38 FEET AND TO THE BASE. UNE • • OF JUNGLE TRAIL ACCORDING . TO ' THE MAINTENANCE MAP FILED IN "PLAT BOOK 9, PAGES 40 AND 40A IN- DIAN ' RIVER COUNTY PUBLIC • RECORDS; THENCE FOLLOWING THE BASE UNE OF JUNGLE TRAIL THE FOLLOWING COURSES: RUN SOUTH 30°21'34" EAST A DISTANCE OF 325.85 FEET: THENCE RUN SOUTH 25.48'08" . . EAST A DISTANCE OF 462.27. FEET;. . THENCE RUN SOUTH 21°14'56" EAST . . : A DISTANCE OF 793.09 FEET• THENCE � . RUN SOUTH 3.28'38" EAST A DIS• • • TANCE OF 291.09 FEET TO THE INTER- SECTION WITH THE SOUTH LINE OF , GOVERNMENT LOT 9; THENCE RUN •. SOUTH 89°47'30" EAST ALONG, THE : • SOUTH UNE OF GOVERNMENT LOT 9 , ;• A DISTANCE OF 1265.67 FEET TO THE POINT OF BEGINNING . CONTAINING 50.95 AC. AND SUBJECT TO THE: ' . RIGHT OF WAY FOR JUNGLE TRAIL AS' -,“4. PER PLAT BOOK 9 PAGES 40 -AND 40A ; , INDIAN • RIVER COUNTY ' PUBLIC �' RECORDS AND AU. EASEMENTS FOR INGRESS. EGRESS AND UTILITIES. A pubite hearing at which parties In' interest Ind .citizens shati have in ottifilty to be• neard, will be held by the Board of County Com- missioners of Indian River County. Florida In the• :.ounty Commission Chambers of the County Administration Building. located et 1840 25th Street. Vero Beach, Florida, on Tuesday, Febru• an/ 23, 1988 at 9;05 a.m. • • Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made which Includes the testimony and eve. dance upon which the appeal will be based. ' INDIAN RIVER COUNTY • • - ` BOARD OF COUNTY COMMISSIONERS By-a-DonC. Scurlock..Jr.;.., - • Chairman :r,ti'r-- • February 30986 9BOOK 71 PACE 32 The Board reviewed the following memo dated 2/15/88: TO:Charles Balczun DATE: February 15, 1988 FELE: County Administrator DIVISION HEAD CONCURRENCE: Robert M Keati , SAI • SUBJECT: SEA OAKS' REQUEST FOR Community Develo•ment .irector CONCEPTUAL PRD APPROVAL THROUGH: Stan Boling 40 Chief, Current Development FROM: John W. McCoy] REFERENCES: Sea Oaks Staff Planner JOHN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 23, 1988. DESCRIPTION AND CONDITIONS: Beindorf & Associates, Inc. has submitted a request to receive special exception conceptual PRD plan approval on behalf of Sea Oaks Development Company. The application covers the western half of the Sea Oaks West project site. The PRD application will overlay some existing projects. The remaining portion of the overall PRD will be built in 5 phases and is projected to be completed in 1995. As a result of the PRD, several unit product types will include small lots. Accessory amenities, such as pools, will be con- structed in rear and side yards. As such, the PRD can provide for setback waivers to allow complete development of "patio home" type units. At the January 14, 1988 Planning and Zoning Commission meeting, the Commission voted unanimously to recommend approval to the Board of County Commissioners with the conditions recommended by staff. ANALYSIS: 1. Area of Property: 46.9 acres 2. Zoning Classification: RM -6, Residential Multi -Family (up to 6 units/acre) 3. Land Use Designation: LD -2, Low Density Residential (up to 6 units/acre) 4. Proposed Units/Building: PRD Project Density: 340 units at 7.2 units/acre. Overall (PRD & remaining areas): 720 units at 5.7 units/acre. 5. Surrounding Uses: North: Vacant/Coralstone Phase II South: Vacant/Vegetation East: Sea Oaks/River Homes & Tennis Villas West: Jungle Trail/Indian River The PRD portion of the project will exceed the density for the RM -6 zoning district; however, the overall project will be under the RM -6 density requirement. FEB, 2 31988 33 B00k 71 i'ACE 33 6. Landscaping & Buffering: The project will maintain a 30' protected area bordering Jungle Trail to the west and a 10' landscape strip including a Type "A" bufferto further buffer the project from Jungle Trail. This 40' buffer from Jungle Trail meets the required 25' perimeter setback for PRD's'. 7. Open Space Required: 50% Provided: 52% 8. Recreational Space (within project) Required: 177,718 sq. ft. Provided: 55,225 sq. ft. Overall Required: 376,358 sq. ft. or 8.6 acres Provided: 904,759 sq. ft. or 20.77 acres While the PRD portion of the project only provides a portion of the recreation area required through the PRD ordinance, the residents of the PRD project will have access to the entire project recreation facilities which exceed the required amount. 9. Utilities: The project will be serviced by franchised utilities which have been approved by the County Utilities department. 10. Drainage Plan: The conceptual drainage plan has been re- viewed and approved by the Public Works department. 11. Traffic Circulation: The project will be accessed from an existing 22' wide two-way project entrance drive off of A -1-A. Pursuant to existing County policy, the recreational vehicle space requirement normally applied to multi -family projects may be waived if recreational vehicles are prohibited from using or parking on the site. The applicant is proposing such an arrangement. 12. Waivers: Through the PRD process, the applicant is request- ing the following waivers: 1. a waiver from the side yard setback requirement for platted lots; 2. a reduction of the road right-of-way width from 60' to 30' for the entire PRD; 3. a waiver from the recreational vehicle parking require- ment for the entire PRD; 4. a waiver from the rearyard setback requirements for platted lots; 5. a waiver from the bikeway and sidewalk requirements for the entire PRD; and 6. a waiver from the 20' building separation distance. Staff supports these requests, based on the submitted concept design and allowances specified in the PRD ordinances. 34 FEB 231 U BOOK .71. ['AGE 34 RECOMMENDATION: Staff recommends that the PRD special exception and conceptual plan approval be granted by the Board of County Commissioners with the following conditions: 1. That landscape native to the barrier island be used to buffer the project from Jungle Trail, and 2. Prior to the recording of any PRD plat, covenants and re- strictions shall be established over the platted property which prohibits the parking/use of recreational vehicles on site. Chairman Scurlock wondered if the second paragraph under staff's recommendation means that we are really getting close to deed restrictions, and Stan Boling, Chief of Current Development, explained that in restricting recreational vehicles on site, the Zoning Code requires spaces for recreational vehicles. Many projects prohibit those in their condo documents, but by noting this on the plat, it gives the buyer two places to be aware of the fact that they could not have recreational vehicles. Chairman Scurlock wondered why that would be the County's concern, and Commissioner Bird wished to know if staff is asking that the Board waive the requirement that space be provided. Mr. Boling explained that normally there is a Zoning Code requirement and this can be waived through the PRD with this restriction. 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. FEB, 2, 3 1988 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the Sea Oaks PRD special exception and conceptual plan approval, subject to the two conditions as set out in the above staff recommendation. 35 BOOK 71 FK;E 35 WINDSOR POLO & BEACH CLUB REQUEST TO REZONE 254+ ACRES FROM A-1 to RS -3 The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a t in the matter o1 19'' / se3 In the rip Court, was pub- - lished in said newspaper in the issues of jekay /fJ 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 o1 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 befor,me t 7 s • (SEAL) e� "D.19A ess Manager) (Clerk of the Circuit Court„Indian River County. Florida) of Publication •1 NOTICE — PUBLIC HEARING ' Notice of hearing to consider the adoption of • County ordinance rezoning land from: Al; - Agricultural District to RS -3. Single -Family Resi- dential est prop Irty oowners 13 Robertct. The i Swift frepresenting the firm gLeon- ard Call and Taylor.. The subject property is lo- cated on west side of S.R. AIA approximately 1 mile north o1 S.R. AIA : - • The sublect property is descr)bsd ae • All of Government Lots 2; 3.4. 5. and ' 1. and those portions of Government Lot 1 and Government Lot 8 lying west of S.R. ;, : A AIA right-of-way lying Section 15. •f' Township 31 South. Range 39 East. of Indian River County. tees the A14 AIA • right -of -Way. '•i A public hearing at which parties in interest.. and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners isoRiver nflcy County Commission Chambers County. Administration Building. located at .25th Street- Veio Beach. Florida. on Tuesday. Fetuu- ary 23.1988 at 9:05 a.m. • The Board of County Commissioners may grant a less intense zoning district than the dis- trgeneral useictrequestedcategory. wI providit ed Is hin the same, Anyone who may wish 10 appeal a ry►decision which may be made at this meeting w need 10 ensure that a verbatim record of the proceedings Is made which includes testimony and evidence upon which the appeal is based.•. � ; Indian River County ..: - �: • Board of County Cemmladoners` - • • By: -s -Don C. Scurlock Chairman February 3.1988. The Board reviewed the following memo dated 2/8/88: TO: Charles P. Balczun County Administrator DIVISION HEAD CONCURRENCE: `” ', �� '' CP SUBJECT: Obert M. Kea" ng Planning & De el•I• lir Director DATE: February 8, 1988 FILE: THRU: Gary Schindler 404 Chief, Long -Range Planning WINDSOR POLO AND BEACH CLUB REQUEST TO REZONE 254+ ACRES FROM A-1 TO RS -3 FROM: David C. Nearing4W4 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 February 23, 1988. 36 FEB .2 3 1988 BOOK 71 F.tGE 36 DESCRIPTION & CONDITIONS The Windsor Polo and Beach Club, as represented by Mr. Robert Swift of the firm Leonard Call and Taylor, has requested a rezoning of 254+ acres from A-1, Agricultural District (up to 1 unit/5 acres) to RS -3, Single -Family Residential District (up to 3 units/acre). The contiguous subject properties are under several individual ownerships. All owners have consented to this request. The subject properties are located on the west side of A -1-A, north of the Town of Orchid, approximately 1* miles north of the Intersection of Highway A -1-A and C.R. 510. The applicant intends to develop the site as a polo club and residential development. On January 23, 1988, the Planning and Zoning Commission voted 5-2 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 properties are currently vacant and used for groves and contain a mobile home, all zoned A-1, Agricultural District. To the west is the Indian River, and the Pelican Island National Wildlife preserve. The land east of the subject properties across A -1-A is vacant and zoned RM -6, Multi -Family Residential District (up to 6 units/acre). The land north is vacant and in groves and zoned A-1. Also north and situated along A -1-A are two single-family subdivisions zoned RS -3. The land southeast of the subject property and west of A1A is zoned RS -3. The land south is in the Town of Orchid and currently used for groves. Future Land Use Pattern The Comprehensive Plan designates the subject properties, as well as the land north, as LD -1, Low Density Residential 1 (allowing up to 3 units/acre). The land east across A -1-A is designated as LD -2, Low Density Residential 2 (allowing up to 6 units/acre). The property southeast of the subject property and west of A -1-A is designated as LD -1. The property south within the Town of Orchid has been designated by the proposed Town of Orchid Comprehensive Plan for residential use. Also included within the subject properties are 16.6 acres of land which have been verified as environmentally sensitive. Even though notspecifically noted as such on the Future Land Use Map of the Land Use Element of the comprehensive plan, the 16.6 acres assumes a land use designation of Sensitive Environment and is limited to development not to exceed one unit/acre. The majority of the land determined to be environmentally sensitive lies west of Jungle Trail. An additional 4.8 acres of environmentally sensitive land lie adjacent to the east side of Jungle Trail. FEB 20'9 37 BO0K 71 FADE 37 According to the County's comprehensive plan and zoning code, the maximum permissable number of units for the 237.7 acres of upland would be 713 units. If the applicant utilizes the density transfer, permissable under the PRD, Planned Residential Development ordinance, an additional 16 units could be transferred from the environmentally sensitive land to the uplands. The transfer would permit a total development of 729 units for the uplands, a density of 2.86 units/acre for the entire 254.3 acres of land included in this request. Transportation System To the east, the site has access to A1A, classified as an arterial road by the County Thoroughfare Plan. The site also has access to Jungle Trail to the south and west. Jungle Trail is listed in the Comprehensive Plan as an historic and scenic trail. That portion of Jungle Trail south of the site is currently classified in the Thoroughfare Plan as a secondary collector. However, the County intends to initiate a comprehensive plan amendment to change the classification of this road from a secondary collector to a subdivision collector. Subdivision collectors are intended to serve specific development areas and carry less traffic than a secondary collector. The roadway design for subdivision collectors also requires less right-of-way than a secondary collector. That portion of Jungle Trail lying west of the site is classified as a local road. Environment As stated, the comprehensive plan designates 16.6 acres of the site along Jungle Trail as undesignated environmentally sensitive land. Even though not specifically shown on the Future Land Use Map, this area falls under the category of "not being included on the map due to the inability to graphically display it due to its size". However, once identified, this area is to be treated as other lands designated on the map as environmentally sensitive. The west portion of the land under consideration in this request is within an area lying within the 100 year flood plain. To meet the County's Stormwater and Flood Protection Ordinance, additional engineering will be required for any proposed development. Also lying west of the subject property, and situated within the Indian River, is the Pelican Island National Wildlife Preserve. This area is designated as environmentally sensitive land, and the water surrounding the islands within the preserve are considered Class II Outstanding Florida Waters. Any development which occurs along this preserve will be closely monitored to mitigate any adverse environmental impacts. Utilities This area is not currently being serviced by public water and sewer facilities. This area lies north of the North Beach Water Co. franchise and the Sea Oaks Wastewater franchise areas. RECOMMENDATION Based on the analysis performed, staff recommends approval. • 38 FEB 23 1988 BOOK 71 FACE 38 Chairman Scurlock explained to the standing room only audience the procedure that will be followed this morning, and noted that the matter of access to Jungle Trail north of CR -510 will be discussed during the next Public Hearing on the PRD for the Windsor Polo Club. The Chairman stated that the Board preferred to hear first from those who represent larger groups and get the consensus of what a particular group has to say through its spokesman, and then go through all the audience until we have had ample time to hear from everyone who wishes to speak. Chairman Scurlock asked if the developers intend to work with the County with regard to utilities since the proposed development is in the County's utility service area. He noted that the County is in the process of negotiating the acquisition of the North Beach Water Company. Robert Keating, Director of Planning & Development, understood that is the developers' intent. Commissioner Wheeler asked what would happen if the Board were to leave this Agricultural when the Comp Plan designates this LD -1 at 3 units per acre, and Director Keating explained there are a number of zoning categories that can fit under the LD -1 land use designation. The RS -3 category, which is being requested by the applicant, is the highest of those classifications. There are several other options such as the new RS -2, RS -2, RFD, which is one unit per 21 acres, and then Agricultural, its current zoning which is one unit per 5 acres. Leaving it as Agricultural would not be inconsistent with the Comp Plan. The entire barrier island has been under substantial study the past few years through the Hutchinson Island Resource Management Plan and other studies. The transportation system and other infrastructure concerns have been looked at from the perspective of development occurring at the densities proposed in the Comp Plan. 39 FE8 2 3 1988 BOOK 71 ME 39 Bob Swift of development consultants, Leonard, Call, Taylor and Associates, verified that the applicant does intend to work fully with the County staff and all the agencies involved in the regional water and wastewater system. He pointed out that the property surrounding this parcel has been rezoned to either RS -3 or higher densities over the last few years, and the beach parcel already is zoned at RM -6. Theresa Buss, 2221 8th Avenue, Vero Beach, pointed out that the proposed low densities do not include the impact of 300 horses that will be stabled on this parcel. She understood that the County currently is applying for grant money to make the river safe for other animals, and it seemed to her that we are taking money from one hand and doing the wrong thing with the other hand. We are talking about whether we want to keep that river as it is or let it be polluted by those horses. John Dean, 2116 27th Avenue, asked if this 254+ acre parcel includes land right to the river's edge, and Director Keating stated that it does. It includes approximately 16 acres of environmentally sensitive land, and explained the transfer of densities from the wetlands to the uplands area. Mr. Dean asked if that means that there would be no legal building west of Jungle Trail, and Director Keating stated that would not be a function of the particular rezoning, and would be dealt with under the PRD hearing which follows this hearing. Mr. Dean was concerned that the property line has not been currently defined and questioned rezoning property that may or may not belong to the Polo Club as it may belong to the federal government. 40 FEB 28 1988 BOGY F4iE 40 Chairman Scurlock did not feel that we are attempting to set any precedent in terms of what is owned or what is not owned by the Polo Club or the federal government. That is not what we are involved in; that issue is something separate and apart. Mr. Dean understood then that the line is flexible and 254 acres may not be the number, and Chairman Scurlock explained that it is not an exact, which is why it is shown as 254+. Commissioner Bowman asked what effect this rezoning would have on that, and Attorney Vitunac advised that there is no way that our action today can give a developer a right to develop park land. This rezoning would have no effect on federal land. Nancy Wood advised that her husband, who is a science department head at Indian River Middle School 7 and a soil scientist, was very concerned about the soil where the horses are to be stabled. She asked if anyone from the Soil Department has checked the soils out there to see if they could withstand the impact of 300 horses. Attorney Vitunac stated that all issues concerning the use of this land are not proper until at the time of site plan approval or conceptual approval of the PRD. Right now we are talking about zoning densities, and Mrs. Wood stated she would raise her question during the next hearing on the PRD. Frank Wakefield, 45 Live Oak Road, asked why the Polo Club wants RS -3, which is a higher density than they apparently need and Chairman Scurlock explained that there are several options other than RS -3. We could leave it Agricultural, make it RS -1, or RS -2. Dorn Whitmore, representing Pelican Island National Wildlife Refuge, advised that they will be Looking at establishing a buffer zone along the perimeter of Pelican Island, and that they feel that the densities within this area need to be maintained at a lower level. They are concerned with the densities that are L_FER, 2 3 1988 BOOK 71 PAGE 41 occurring at the bottom edge of the boundaries of the Refuge. He urged the Commission to opt for the lower end of the density scale in order to have less activity near the Refuge. There being no others who wished to be heard, Chairman Scurlock declared the Public Meeting closed. Chairman Scurlock asked if the developer's plan could accommodate a tower density such as RS -2, and Mr. Swift explained that each zoning category has certain restrictions on the types of land use and types of facilities that can be put on that land. County staff has advised that RS -3 is the most compatible zoning for the various types of land use proposed for their development. He understood that the ultimate protection would be through the PRD, which would lock in the densities and could not be changed without specific and formal action by the Board, and that once the PRD is approved, it takes precedence over the underlying zoning. Director Keating concurred, and pointed out that under certain circumstances, the PRD special exception allows attached housing in the RS -3. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 88-10, rezoning 254+ acres from A-1, Agricultural District, to RS -3, Single -Family Residential District as requested by the Windsor Polo and Beach Club. 42 ,FEB 2 3 1988 pro 71 pA.JE 42 ORDINANCE NO. 88 - 10 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: ALL OF GOVERNMENT LOTS 2,3,4,5, AND 8 AND THOSE PORTIONS OF GOVERNMENT LOT 1 AND GOVERNMENT LOT 6 LYING WEST OF S.R. A -1-A RIGHT-OF-WAY LYING WITHIN SECTION 15, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, LESS THE S.R. A -1-A RIGHT-OF-WAY. Be changed from A-1 Agricultural District, to RS -3, Single -Family Residential District. Situated within the above described property exists 16.6 acres, more or less, of Environmentally sensitive land (see attached survey). That land designated Environmentally Sensitive under the provisions of the Land Use Element of the comprehensive plan may not be developed in excess of one unit/acre. 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 this23rd day of February 1988. 2 3 1888 43 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: DON C. SCURLOCK, JR,hairman ATTEST BY: ORDINANCE NO. 88 - 10 Acknowledgement by the Department of State of the State of Florida this 7th day of March , 1988. Effective Date: Acknowledgment from the Department of State received on this llth day of March , 1988, at 10:00 AM/PM and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY 6 -eel William G. Collins II Assistant County Attorney /1 � Gary M. Schindler Chief, Long -Range Planning ordinance TK2 44 FEB, 2 3 1988 FgQ,l? 71. EKE 44 1 a 1 ! 1 ••- 11 k.*% • t 1 2 s 1 i, - FES 2 3 1988 45 rH. _ 45 WINDSOR POLO AND BEACH CLUB REQUEST FOR PRD CONCEPTUAL PLAN AND SPECIAL EXCEPTION APPROVAL The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared .1. J. Schumann. Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of ' Lir-' 114Z4 in the _ �/^'/_rCCouurt, was pub- lished in said newspaper in the issues of �C.. 3 �95 r! Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in sajd 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 betrem this (SEAL) D 19 XP usiness Manager) (Clerk of the Circuit Court, 11dtan River County. Florida) NOTICE OF PUBUC HEARING Notice of hearing to Consider the granting of special exception approval for a Planned Resi- dential Development. The subject property is presently under contract by the Windsor Polo and Beach Club. Inc.. and Is located at 10755 A -1-A. The subject property Is described as: 6 8 and 8Of G0 OF SECTION 15. TOWNSHIP 12 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY. LESS THE NORTH 850 FEET OF GOVERNMENT LOT 1 LYWG EAST OF R. A -1-A RIGHT-OF-WAY AND LESS A -1-A RIGHT-OF-WAY. ALL OF GOVERNMENT LOT 1 OF SEC. 110N 14, TOWNSHIP 31 SOUTH. RANGE 39 EAST. OF INDIAN RIVER COUNTY LYING EAST OF S.R. A -1-A RIGHT-OF-WAY. A public hearing at which parties m Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County. Florida in the Commission Chambers of the County Adminis- tration Building. located at 1840 25th Street Vero Beach. Florida, on Tuesday. February 23, 1985 at 8:05 am. Anyone who may wish to appeal any decision which may be made at this meeting wall need to ensure that a verbatim record of the proceedings Is made which includes me testimony and evi- dence upon which the appeal will be based. INDIAN RIVER COUNTY - BOARD OF COUNTY COMMISSIONERS By -s -Don C. Scurlock..n. Chairman February 3,1988 -. Chairman Scurlock wanted to state right up front that this Commission is not considering today giving up any rights to Jungle Trail. That is not even up for debate today. There is no intention for this Commission to consider the remote possibility of abandoning any right to Jungle Trail. He wanted that to be very clear as he realized there was a lot of concern in the community about this matter. Chairman Scurlock announced that all petitions and letters that have been received and will be presented this morning are being made part of the official record of this meeting and will be put on file in the Office of the Clerk to the Board. Stan Boling, Chief of Current Development, reviewed the following staff recommendation dated 2/11/88: FEB 2 3 1988 46 BOOK 71 PNCE 46 TO:Charles Balczun County Administrator DIVISIO HEAD CONCURRENCE: R ert . Keating AIC Community Develo. ent Wre THROUGH: Stan Boling Chief, Current Development FROM: John W. McCoy Staff Planner DATE: February 11, 1988 FELE: WINDSOR POLO AND BEACH CLUBS REQUEST FOR PRD SUBJECT: CONCEPTUAL PLAN AND ctor SPECIAL EXCEPTION APPROVAL REFERENCES: polo club JOHN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 23, 1988. DESCRIPTION AND CONDITIONS: General Description Windsor Polo and Beach Club, owner, is requesting PRD conceptual plan special exception approval for a 200 unit detached single- family project and associated Polo and Beach Club facilities. The project is located on 280 acres extending from the ocean to the river, approximately 1* mile north of the C.R. 510/S.R. A -1-A intersection on A -1-A. This application is being reviewed concur- rently with an application to rezone the acreage west of A -1-A from A-1 (Agricultural) to RS -3 (Residential Single -Family up to 3 units/acre). The Planning and Zoning Commission considered this application at its regular meeting of January 14, 1988 (see attachment #4; minutes). At the meeting, the Commission recommended, 4 to 1, that the Board approve the application subject to conditions relating to the RS -3 rezoning, the Jungle Trail partial abandon- ment proposal, dedication. and improvement obligations, wetlands proposals, and proposed Thoroughfare Plan amendments. Staff has expanded its analysis of the application and its impacts to try to address queries brought up during the Planning and Zoning Commis- sion hearing. Phasing/Construction The project proposes a 3 phase sequence of construction. The first phase is to consist of a Beach Club, a Polo Club, S.R. A -1-A improvements, public lands dedication for public access to the Indian River, 100 residential units, barns and paddocks for 100 horses (includes dormitory -style facilities for caretakers), 3 polo fields, some wetland filling and mitigation, and the abandon- ment of the County's interest in the portion of Jungle Trail which runs through the project. The second phase is to include 60 residential units, some wetland filling and mitigation, barns and paddocks for 200 horses (in- cludes dormitory -style facilities for caretakers), and a practice polo field. The third phase is to consist of 40 residential units including ocean front estates, river front estates, and attached or semi - attached beach cottages. Also, 30 attached or semi -attached quarters are to be constructed to house polo players. 47 FEB 2 3 1988 BOOK 71 FACE 47 Polo Club/Beach Club The Polo Club is proposed to be located in the center of the property lying west of S.R. A -1-A. The club is to include meet- ing, recreational, and dining areas to serve the residents and their guests and will be approximately 7,000 to 9,000 sq. ft. in' area. On days when matches are held, parking is to be handled by the paved parking spaces provided around the Polo Club, and with overflow parking areas located adjacent to the tournament field. As part of the PRD application, the owner is requesting that the County approve these overflow spaces as spaces for infrequent uses. The Beach Club, to be approximately 10,000 to 12,000 sq. ft., is to include pool, cabana, meeting, and dining facilities restricted to use by a limited membership. The Beach Club is to be located in the midst of the project's beach frontage, with "internal" residential development north and south of the Club. Jungle Trail Jungle Trail, from S.R. A -1-A south (which includes the western portion of the subject site) is designated as a scenic and histor- ic road in the Comprehensive Plan. As such, the County has determined the road to have scenic and historic values worthy of special protection. Although the County has no fee simple inter- est in the road at this time, the County maintains the road and the public has used the road for years. The applicant proposes to abandon the County's interest in a 3/4 mile segment of Jungle Trail. This proposal was reviewed by the Scenic Trails Committee at its January 5, 1988 meeting. At the meeting, the Scenic Trails Committee voted 4 to 1 to abandon the County's interest in Jungle Trail with the conditions that: 1. Grove traffic be re-routed from Jungle Trail through the interior of the project, continuing to make it possible for grove traffic to run from C.R. 510 to the northern extent of Jungle Trail without having to access A -1-A. 2. That the applicant construct public recreationalamenities, as yet to be negotiated. Soon after the January 5th Scenic Trails Committee meeting, a Committee member changed her vote and thus her recommendation• to the Planning and Zoning Commission regarding conditional abandon- ment of the subject Jungle Trail segment. This was reported to the Planning and Zoning Commission as in essence, a 3 to 2 vote to recommend conceptual approval of the abandonment request subject to the conditions cited above. After the January 14th Planning and Zoning Commission meeting, another Scenic Trails Committee member stated in writing that he had changed his vote and rec- ommendation as well. Thus, now by a "vote" of 2 to 3, the Scenic Trails Committee members do not support the abandonment of a portion of Jungle Trail (see attachment #5). Staff recommended to the Scenic Trails Committee that at this time, the County should not conceptually approve a proposal to abandon its interest in the Jungle Trail segment (see Scenic Trail's agenda item, Attachment #4). Although the Committee stated at its January 5th meeting that no significant scenic or historic values or character would be lost by abandoning a segment which functions only as a grove road, it was staff's stated position that no abandonment should be conceptually approved without the applicant demonstrating that no historic values would be lost by the abandonment. 48 FE3 2 31988 MU 71 F E 48 ALTERNATIVES AND ANALYSIS: General Analysis 1. Size of Property: 280.2 acres, total 2. Zoning Classification: a) east of S.R. A -1-A: 25.9 acres - RM -6, Residential Multi -Family b) west of S.R. A -1-A: 254.3 acres - A-1, Agricultural 3. Land Use Designation: a) east of S.R. A -1-A: 25.9 acres Residential up to 6 units/acre. b) west of S.R. A -1-A: 254.3 acres Residential up to 6 units/acre. 4. Proposed Density: 200 residential units at .71 units per acre. [NOTE: The density figure does not include the "dormitory -style" facilities to be located within the barn and paddock areas. These facilities represent temporary "bunkhouse" quarters for a total of approximately 48 caretak- ers]. LD -2, Low Density - LD -1, Low Density 5. Surrounding Land Uses: North: South: East: West: Vacant/Grove Vacant/Grove Atlantic Ocean Indian River/Pelican Island Wildlife Refuge 6. Open Space Required: 115 acres or 41% Provided: 189 acres or 67% 7. Recreational Space Required: 2.4 acres Provided: 88 acres (includes passive open space areas, club facilities) 8. Utilities: The County Utilities department has conceptually approved franchised water and sewer plants for this develop- ment. Wastewater treatment would be provided via an on-site system; water would be provided either by an on-site system or connection to the North Beach water system. The project will utilize treated effluent to irrigate the polo fields. 9. Drainage: The conceptual drainage plan has been approved by the Public Works department. This plan includes wet storm - water retention and planted littoral zones which will be more specifically addressed during preliminary PRD plan review. Aspects of stormwater run-off quality are addressed further in this report under "Environmental Concerns". 10. Traffic Circulation: The applicant proposes one main project. entrance on S.R. A -1-A for both the eastern and western areas of the project (driveways at S.R. A -1-A to align). The project will provide left turn and deceleration lanes at this entrance. Interior traffic circulation will be provided by two-lane private roads. Low volume service entrances may be proposed at various locations during preliminary PRD plan review. The applicant is proposing to delete a secondary collector shown on the Thoroughfare Plan at the northern boundary of the applicant's project. The purpose of the presently designated collector is to provide access to parcels which 49 BOOK FA1�,E 49 FM 2 3 1988 are adjacent to the project's northern boundary. The appli- cant is currently working on providing alternative access for these parcels, thus precluding the need for the designated collector. The deletion of the designated secondary collector would require a comprehensive plan amendment; therefore, approval of this project would be conditioned on approval of this comprehensive plan amendment. If the comprehensive plan amendment fails, the applicant will have to revise its conceptual PRD application. 11. Landscaping/Buffering: The conceptual plan states that only species native to the barrier island (such as Live Oaks, Laurel Oaks, Red Bays, Mangroves, and Cabbage Palms) will be used to fulfill the County's landscape requirements. This will be specifically and comprehensively addressed at the time of preliminary PRD plan review. The conceptual plan includes a 25' perimeter setback to preserve existing vege- tation, mostly citrus, on the west side of A -1-A and coastal dune and hammock vegetation on the east side. Brazilian peppers and Australian Pines will be removed from portions of the site where they do not form necessary buffers. The conceptual layout of the beach club is arranged to preserve some of the large existing trees on the site. The developer will investigate the use of the tree preservation parking credit provided for in the landscape ordinance as part of any subsequent preliminary PRD plan. Buffering the project from Jungle Trail (if preserved) must be provided for, as well as visually buffering as much of the project as possible from the river (Pelican Island Wildlife Refuge). Staff's recommendation at the end of this report addresses this additional buffering. 12. Phasing: A total of 3 phases is proposed, with the first phase to include most of the southern portion of the site. Each phase will "stand alone" in regards to providing re- quired improvements and meeting County standards and regu- lations. 13. Dedication and Improvements: The applicant has agreed to the following dedication and improvements: 1. The dedication of twenty feet of property for A -1-A right-of-way, prior to site plan release. 2. The construction of an eight foot wide public bikeway along the west side of the property's A -I -A frontage, prior to any C.O. 3. The dedication of at least 60' of usable frontage on the Indian River to meet the project's access to public water bodies requirement for the applicant's river frontage. The applicant has opted to pay cash, to the County's Beach park improvement fund, for the project's required 30' access dedication to public water bodies requirement for the project's ocean frontage. The fees will be paid to the County in a proportional amount to the ocean area being developed, prior to any final PRD approval for the development east of A -1-A. 4. If the County's interest in Jungle Trail is abandoned, the applicant has agreed to dedicate more than the 60' of river frontage required, and improve the riverside park area to facilitate public recreational use. The land dedication will occur prior to release of the phase I PRD plan and the improvements will be construc- ted prior to C.O. of any phase II improvements. FEB 2 3 1988 50 BOOK 71 OGE 50 5. The applicant will construct a deceleration lane and a left- turn lane on A -1-A at the project entrance, prior to any C.O. 14. The following waivers and PRD option is requested by the applicant: 1. A waiver from internal right-of-way requirements. 2. A waiver from the requirement that all parking spaces must have 6" curbs or tire stops. The applicant pro- poses to use landscaped areas and practice fields for overflow parking during major events. 3. The applicant is requesting a lessening of the required parking for the Beach Club through the PRD ordinance which permits dual use parking. This could enable the applicant to provide one parking area for uses which have two distinct operational hours, such as the pool (a daytime use), and the banquet room (a nighttime use). 4. Under the RS -3 district regulations, attached housing units can be approved through the PRD process. The attached players' quarters are requested as part of the PRD plan. Staff supports all of these requests which may be granted by the Board pursuant to the PRD ordinance. SPECIAL ISSUES: A. Environmental Concerns: 1. Pelican Island Wildlife Refuge: The site's westernmost boundary abuts the refuge, (as expanded) which is under State and Federal control. Any proposals to construct public or private docks or other recreation facilities within the refuge would have to receive State and Federal approval prior to development. Staff recommends a visual buffer from the project by which only permitted docks or other recreation -related structures could be seen along the River's edge. 2. Stormwater runoff: General development and animal waste runoff into the adjacent section of the river (desig- nated as part of an Aquatic Preserve and Outstanding Florida Waters) is an expressed concern. Staff 'has contacted S.J.R.W.M.D. and the D.E.R. regarding the proposed project. The applicant will have to demon- strate during the preliminary PRD plan review process that all applicable stormwater quality standards will be met. An "internalized" wet detention/retention system would retain stormwater on site (generally required to hold the run-off from a 25 year storm event) with a filtered overflow outfall to the river. 3. Disposal of Animal Waste: Up to 300 horses will be kept on-site during the polo match season. The applicant proposes a daily maintenance plan to clean-up all fields and stalls (to contain absorbent shavings), "storing" wastes in appropriate containers with regular dumping at the County landfill. County Utilities has verified that the landfill could accept such wastes, possibly com- posting it. 4. Wetlands Development/Mitigation: The applicant proposes the filling and development of approximately 5 acres of wetlands impacted by exotics, on the east side of Jungle Trail, to be mitigated by the restoration and enhance- ment of approximately 5 acres of upland and transitional land on the river side of Jungle Trail. The staff 51 FEB 2, 1988 BOOK 71 FACE 51 does not oppose the concept of mitigation; however, approval of this conceptual PRD application will not authorize the applicant to fill these isolated and invaded wetlands. The mitigation plans will receive detailed review when the preliminary PRD is submitted, and be approved only if all environmental concerns are adequately addressed. 5. Insect Problems: The Mosquito Control District has informed staff that the subject site has one of the highest mosquito landing rates in the County. Problems with other insects, including flies, would probably be exacerbated by the horses and associated wastes. These are existing and potential problems that the developer and future residents will need to handle. County staff is working with the Mosquito Control District to ensure that any necessary easements are provided for throughout the remainder of the PRD process. The developer (and future residents) should realize that the Mosquito Control District can do little to control mosquitos and other insects at the subject site. B. Jungle Trail: The Planning and Zoning Commission voted 4 to 1 to recommend approval of the PRD subject to several conditions, one of which was that the County should not conceptually approve the abandonment of a segment of the Trail until such time that the applicant demonstrates that the abandonment would not adversely affect any significant historical resource. In regards to the Jungle Trail as a public resource with histor- ical value, staff presents the the following facts and findings regarding Jungle Trail: 1. Jungle Trail, from the area of the present-day Merrill - Barber bridge to the Sebastian Inlet area, was official- ly recognized and established as a public road by the St. Lucie County Commission in 1920 via a recorded declaration. 2. The road, or at least parts of the road, were referenced in the 1920 declaration and obviously existed prior to 1920 (portions were apparently foot trails, and were not passable by automobile until the 1930's). 3. The road described in the declaration, as traced -out on a set of 1943 aerial photographs by the Historical Society, shows that the entire road segment, except for a portion just north of present-day C.R. 510, is in its 1920 configuration. 4. The southern portions of the road no longer exist or are no longer open to the public. 5. The remaining Jungle Trail, from John's Island north to its intersection with S.R. A -1-A (entire existing length) has been designated by the County in the Compre- hensive Plan as a scenic and historic road deserving protection and preservation. 6. The section of the Trail south of C.R. 510 includes a lengthy portion adjacent to the river that affords a continuous clear view of the river. The portion north of C.R. 510 includes lengthy sections through grove areas and a section that abuts the mangrove fringe adjacent to the river and the Wildlife Refuge. 7. The Trail, .in its present-day configuration, has local historical value due to: 52 FEB2 3 1988 ROOK 71 F GE 52 a) its age in terms of the history of settlement in the County, and b) in terms of use as historically the major north/ south route traversing a large portion of Orchid Island. In staff's opinion the Trail, itself, in its present-day configuration is locally historically significant. There- fore, there appears to be no justification for the Board to change the Comprehensive Plan designation of the subject segment of the Trail. The existing designation of the entire existing length of Jungle Trail as historically significant is correct. Therefore, pursuant to the Comprehensive Plan and the Scenic and Historical Roads ordinance [18-21 to 18-27], the subject Jungle Trail segment should not be abandoned but preserved and buffered from adjacent develop- ment by preservation and planting (where needed) of vegetation. An alternative to abandoning Jungle Trail is to transform a portion of it into a pedestrian parkway. Under such an arrangement, the developer could be assured of controlled public access (such as closing the parkway at night). In return, the County could obtain land and improvements necessary to facilitate pedestrian use/recreation as well as parking areas at the parkway entrance. These improvements would be in addition to the required public river access easements. The total impact of these improvements, made in conjunction with this project, could ultimately result in public access to the Wildlife Refuge (elevated walkway/observation desk), a "riverside" parkway, and parking areas to serve these amenities. Ultimately, this river park area could be connected to the nearby Golden Sands park via bikeways or sidewalks. The Board has an alternative to direct staff and the Parks and Recreation Committee to work with the applicant to produce a viable proposal(s) to create a controlled pedestrian parkway. The Board could then review the proposal(s). RECOMMENDATION: Staff recommends that the Board of County Commissioners grant special exception conceptual PRD plan approval for the Windsor Polo Club (including the cited waivers and options), subject to the following conditions: 1. That the property west of S.R. A -1-A be rezoned to RS -3 prior to any preliminary PRD plan approval. 2. That the applicant fulfill all obligations as listed in the Dedications and Improvements section (#13) of this report. 3. That no wetland filling and mitigation proposals are approved at this time but may be approved concurrently with the preliminary PRD application(s) for the affected phase(s). 4. That the Thoroughfare Plan be amended or the conceptual plan revised (and revisions approved) prior to preliminary PRD approval for the affected phase(s). 5. That a legally enforceable developer's agreement be executed between the applicant and the County to ensure that the mangrove fringe along the site's river frontage is preserved to visually buffer the Wildlife Refuge from the development and to limit clearing (after obtaining all required permits) needed for any dock or other recreation -related structures to the least amount possible. 53 FEB 2 3 198 Ka 71 FACE 53 6. That the conceptual PRD plan be revised to: a) show the existing Jungle Trail road (which is not to abandoned), b) show a 40' right-of-way for the road. 7. That the segment of Jungle Trail within the project site be dedicated to the County as a 40' wide right-of-way. 8. Thata minimum 30' buffer be established along the eastern bounds of Jungle Trail right-of-way to preserve existing vegetation and be planted with new vegetation, to buffer the Trail from the development. Access points, for the minimum width(s) necessary, may breach this buffer where needed. Mr. Boling pointed out that the Planning & Zoning Commission vote to recommend approval of the application was actually 4-3 instead of 4-1 as stated in the above memo. Mr. Boling explained that in the conceptual stage of the PRD, the County Looks at whether or not the project be done, the land use compatibility, and the general overall issues. What we are considering today is the conceptual master plan, and if there are areas that need specifics and details, that comes later in the PRD process. The P & Z Commission looks at a preliminary PRD; the Public Works Department and the Utilities Department look at a land development permit, as well as the other necessary permits that are needed. If there is something in this capital plan that looks good conceptually but for which permits cannot be obtained, the plan has to come back to the Board of County Commissioners for amendment. If there are technical hangups at later stages, it wilt have to come back to the Board. The Board does not lose control at this state; there are many other control points. Mr. Boling noted that there are a lot of things that will happen between now and then, which include the proper permitting from the Army Corps of Engineers, the DNR, the DER, the County Health Department and the St. Johns River Water Management District. One of the main reasons the developer is coming in for a PRD is because of the attached housing planned 54 FEB 23 1988 I.._____ l}Odli 71 PAGE 54 for the development. There are 30 players' quarters in conjunction with the polo fields. In addition, there is a beach club proposed, which is a special exception use and is coming in as part of the PRD process. Another reason for coming in with a PRD is so that they can have a conceptual plan that covers a large area without having to come in with detailed engineering drawings at this point. A major point of concern is the run-off from the project with regard to animal wastes. There are many considerations in this PRD besides Jungle Trail. Chairman Scurlock felt that the bottom line is that a majority of the community believes, for whatever reasons, that the Trail has historical value. Mr. Boling advised that the developer is requesting that a portion of Jungle Trail be designated as a pedestrian pathway and closed to vehicular traffic. Staff's position is that the County not abandon its interest in the Trail and that the developer dedicate the 40 -ft. right-of-way for the Trail to legally establish the County's interest, and then maybe the Board would like to consider that as a specific proposal at a tater date. Staff feels that it would be worthwhile to consider the proposal for a pedestrian trail. Chairman Scurlock felt the setback for it should be more than 30 -ft., and Mr. Boling advised that we could add a condition under the PRD to make it more than 30 feet. Attorney Vitunac noted that if we are making a deed to the roadway we would get more than what is actually there now, and Mr. Boling concurred that you would get more than the road bed; you would get 40 feet and the road bed could not be more than 18 feet in this section. Chairman Scurlock understood that since the developer wants to preserve the area and work with us, we should go ahead and write in there what is reasonable. He suggested 60 feet. Commissioner Bird believed that we would have 70 feet -- 40 feet for the road and 30 feet of setback. 55 FEB 2 3 1988 BOOK 71 F'a;E 55 Chairman Scurlock asked the developers what buffer could we have without affecting their project dramatically. Bob Swift of development consultants, Leonard, Call, Taylor and Associates, preferred to have his planners work with County staff on that rather than give a number off the top of his head. They have agreed with staff's recommendation on a 30 -ft. buffer beyond the right-of-way, so now you are at 50 feet if you go from the centerline of the road. A buffer setback beyond that is problematical. Chairman Scurlock wanted to see the developers work with staff to get the maximum buffer and put it in black and white so that later on there would be no question, and Mr. Swift stated he would like to work with staff to delineate what could occur within that setback. Mr. Boling advised that the 30 -ft. buffer could be changed to 50 -ft. Chairman Scurlock asked if in trying to keep all the County's options totally open, the Commission could direct the developer to work with the Historical Society, the County's environmental planner, the wildlife refuge people, etc., to come up with an appropriate pedestrian type plan. Could the Commission do that without losing any options to modify or change or reopen the road. Should the Commission choose to close that portion of the Trail to vehicular traffic for some period of time, could we retain all options in terms of reopening it, for example when we closed it a few years ago because of the canker threat. Chairman Scurlock understood that if they go ahead and donate the right-of-way, we have increased our rights over what we presently have. He asked if there is anything we have to do legally in order to preserve all of our options and rights in terms of opening, closing, or limiting traffic on Jungle Trail. Attorney Vitunac felt we should proceed under Chapter 336 as if we were going to abandon our road right-of-way with all the FEB 2 3 1988 L_ 56 Boas 71 FQ'E 56 requisite notices and public hearings, including publication of whatever document is passed, and in those documents make it clear that this is a temporary regulation of the road, not an abandonment, and that it can be opened or reopened at anytime and there is absolutely no problem with the County's power to do that. Mr. Boling stated that, with the conditions set out in the above memo and the change in condition #8 to have a minimum 50 -ft. buffer established, with staff understanding that the building setback line be as far east as possible at the time of site plan approval, staff recommends conceptual approval of the PRD for the Windsor Polo Club. Commissioner Eggert advised that because she was very concerned about the desire of the Historical Society to put Jungle Trail on the National Register and all the ramifications of the possible alternatives to that, she called Vicki Welcher, historic sites specialist at the State Department of Historical Resources and asked about the process and what "historical integrity" means, in terms of our even considering a pedestrian pathway. She was stunned when Mrs. Welcher said that she felt a footpath would be a marvelous compromise, and that it would truly protect Jungle Trail. Commissioner Eggert advised that when she asked Ms. Welcher if she was sure that if anything was done to the road that it doesn't have to be done to the whole length of the road, Ms. Welcher said no, it doesn't; the National Registry is working at things at different levels, i.e. focal history, state history, national history, and it is not what you do, but the way you do it. Commissioner Eggert wanted to make sure that she was not the only one hearing this, and Ms. Welcher advised her to telephone her boss, Bill Thurston to get verification. She, Attorney Vitunac and Director Keating then had a conference call with Mr. Thurston and discussed a number of things, including the general safety of the road, the effect of increased traffic, etc. 57 FEB 2 2) 1988 BOOK 71 FACE 57 Commissioner Eggert wanted to be absolutely sure that if the Commission chose to go the way of a footpath that there would be no detriment to the historical integrity of the road and that we should ask this developer to follow the guidelines of the State Dept. of Historical Resources so that the road could be submitted for the National Registry. Planner Boling presented the drawing of the conceptual plan for the Windsor Polo Club, and Chairman Scurlock suggested that the plan be made available in the hall after the meeting so that the people can see it up close. Chairman Scurlock understood that the plan is transitional from the higher densities towards the middle of the parcel to estate size homes nearer to the river. Mr. Boling pointed out the wetlands that are to be mitigated, and explained that the developer has proposed to open up other mangroves to the river. He noted that the only point at which you can see the river along there is where the mangroves were cut down recently in violation of the code. Commissioner Bowman emphasized that it is not necessary to have a water view in order to have a scenic road, and Commissioner Eggert noted that according to the State, the historical aspect is connected with the development of the citrus industry and the groves. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Stanton V. Abrams, one of the partners of Windsor Polo Club Associates, introduced associates Mr. and Mrs. Jeffrey Kant and Peter Brandt. Mr. Abrams placed the following letter into the record: 58 FEB 2 3 1988 B001(. 71 ' GE 58 REQUEST FOR AMENDMENT TO CONCEPTUAL PRD APPLICATION Jungle Trail Windsor Polo and Beach Club has determined that widespread public sentiment opposes the abandonment of the affected section of "Jungle Trail". Windsor accordingly withdraws the request for abandonment of the County's interest in that section of the road. While disagreeing with staff's finding of "historical significance" we recognize the public's interest in the trail and certain concerns. relating to its possible abandonment. Windsor requests the following: That portion of "Jungle Trail", from its inter- section with the southeastern corner of Windsor Polo Club to its northwestern corner, be desig- nated as a public pedestrian parkway and nature trail for the entire length of approximately 6,100'. That staff be instructed to work with Windsor and the appropriate county committees on the details of use and design of improvements for the trail park. Those improvements are to include a parking and turnaround area with appropriate signage at the southern terminus of the park. If desired, the improvements may also include an observation area or platform overlooking the Pelican Island Wildlife Refuge. Those improvements will be totally funded by Windsor. Prior to any development in that area, Windsor will dedicate the necessary rights-of-way. Windsor will also dedicate additional riverfront property consisting of a parcel 100' wide at the river and 300' deep. This acreage will be included in the trail park system. By making this designation, a number of significant issues relating to development on the north barrier island will be addressed. Removing vehicular and heavy truck traffic from the roadbed and adjacent residential areas will allow the orderly development of a high quality, low density community. At the same time the public will gain an important visual access to the riverside environment and wildlife -refuge. No such access exists now. In addition, the County will be relieved of the costly burden of maintaining this section of roadway. The roadway now has no areas for parking or pedestrian use without infringing on adjacent private property. The parkway will allow for walking, birdwatching andenjoyment of a unique environment in a quiet, most natural, setting free of automobile traffic and traffic's associated problems of safety and pollution. Access to properties north of the Polo club are not impacted. The club has already agreed to allow use of its internal road system for agricultural equipment moving between the groves in this area. The trail north and south of the Polo Club 59 1 FE B 2 3 1988 BOOK 71 pAr.,E 59 factors in the long range transportation plan as an alternative north -south corridor. That plan assumes that the road will be paved and otherwise improved. However, the section along the river - through the Polo club - was not to be paved but left in an unimproved natural state and not impacted by additional traffic from other improved sections. Designation of this as a pedestrian trail is consistent with that long range plan. As the north island develops this section of the trail could become the focus of a unique recreational system of walkways and bikepaths connecting beach parks to an unspoiled riverside environment. Windsor's solution is the best plan to protect this environment while continuing to allow and improve public access, and to provide for orderly development of the area. Mr. Abrams advised that Dr. Lamar Miller, Professor of Environmental Engineering Sciences at University of Florida, is here this morning to answer any questions regarding the environment. He reviewed Dr. Miller's qualifications and asked that they be made part of the record. Mr. Swift reviewed the Windsor Polo & Beach Club Conceptual PRD Plan, and explained that the beach club on the ocean and the polo club to the interior of the site are there for the residents' use only and are not in any way a commercial operation. There will be a 1500 seat grandstand as the polo matches will be open to the public. 60 FEB 23 1988 EtuoK 71 FA,F 60 JUNGLE TRAIL\,�, t ,.-N.' p to to anoodd Note, All PRD and Site Plan requirements will be mei s. i North Horseshoe Islam t.^y - '•;/1—JIJC.uuallmslru.trml.aonf t.ne •\Laf • 1 Vicinity Map Coastal Construction Control Line Jungle . Trait 9 Beads Houses i r✓ * Rivestele.* `— 1s' z A • . • Dorf a b,Club lk 1 .. ' I. r 1/4 t r; David Island 4 , a' _ O e-• Cottages 'Ur`t••I!U1• ►Slant 0-271 • rmi and Paddlicks .::: is 7 7_ I 2s• sutulad 1.,e«.. • 1. • t f,ai .e i' dor" "a t.. Plus Island Conceptual Development Plan THE POLO CLUB Vero Bench , Florida 0 - int s—Il Jungle. frail - 120• R.II.W •0 LAND (ISE SUMMARY Island Itaunts Riser Houses Polo Obtuse. 19asers I)uaners Beam Houses Mein Cottages Polo (.'bun. 1100 SF Reach flus. I :Mkt 1F Karns. Paddocks - 50.0071 lF Polo PJC,Iilles Open Space Roads Zoning Acres RS -3 ati RS -3 All RS- 4 RV I alt R\f•e I: RMM ' RS -1 RM -e. es 115-3 e� •s sa 15d TOTAL Zen: Ae. OD DI'. \I• 1.0 13 1a 0 '0 81 . 0 , D 0 )0 :00 DU 0000010.0 ROBERT LAMB HART PlaarnarlAn►ewmMt94iwt•Sa.irearur. 61 FEB 2 198 BOOK 71 FACE 61 Chairman Scurlock raised the question of this development's impact on the bridge capacity, and Robert Keating, Director of Planning & Development, noted that only 200 units are proposed for this development instead of the 900 that could be built. The difference of 700 units represents almost 5,000 trips a day on the bridges, which is a big change. The Hutchinson Island Resource Management Plan took the assumption that the barrier island would be developed out at Comp Plan densities, and the Tong -range transportation program is set to accommodate 3 units per acre on the Plan. Chairman Scurlock felt that we better take a quick look at it, because we might have to adjust our impact fees in a downward fashion. Mr. Swift summarized a statement by Dr. Miller stating that discussions with Darrell McQueen, the civil engineer on the project, led him to believe that properly designed and operated, there should be no environmental deterioration of the river from the ground system and may well represent an improvement over the current drainage system common to the area. Chairman Scurlock understood that the present drainage system on the property is for agricultural purposes and eventually water runs off into the river. Mr. Swift stated that would be eliminated through part of their stormwater management plan. Commissioner Bird was concerned about the impact from the horses and possible pollution to the river, and Mr. Swift explained that the stables will be cleaned daily. Each barn will have a lined dumpster and the animal wastes from those dumpsters will be hauled to the County Landfill. Utilities Director Terry Pinto has indicated that he will have no problem in dealing with the waste at the Landfill. Mr. Swift explained that their stormwater management plan calls for a small polishing pond where all the run-off will go from the barn areas and the periodic wash down of the animals. That will be pumped out back through the 62 FEB 2 3 1988 BOOK 71 FA U 62 sewage treatment plan, where it will receive further treatment, and then pumped into a retention pond that is used for irrigation and sprayed out over the fields. Nothing goes directly into the interior lake system within the property and absolutely nothing goes directly into the river. The polo fields are cleaned after every game and the practice fields will be cleaned on a regular basis. The 3 miles of equestrian trails will be raked and cleaned, and everything will be done to keep the area policed. The preliminary stormwater management plan has been reviewed by the St. Johns River Water Resource Management District, and all indications so far is that more has been done than what is necessary to meet their restrictions. They also have had conversations with the DER and have been advised that their permitting thresholds do not even come down to the level of intensity of the development. Commissioner Wheeler asked how much waste a horse generates each day, and Dr. Scott Swirling, veterinarian at the Palm Beach Polo Club, advised that one horse generates approximately 20 pounds of dry matter waste a day. Mr. Swift wanted to touch on the applicants' proposal to withdraw their request for an abandonment of Jungle Trail, and distributed a map of the proposed walking path: 63 FEB 231988 BOO, 71 EAU 63 0 oe ono nae •001 ° g°q181:82°°38 " ° 381°018°28$ l"IN . 0 °O O a : .. rr'.tl yam.._.wA !..x100 7"2 Indian Rlwr "?r ti! •' •^*C" -••-.-• Embalm Mangrove ,d0' RmW.30' . G_ '-Taiy setback AA -Section at River Estates r- 20'•0- Riva Estate • Riser Rad T0+ rs R.o.gs et orm naee m.t.rW ivy 1 Scenic Trail {0' Raw. SB -Section Through Scenic Trail S••'• 1/4•_ 30' min setback Island Cottages 92 G ta, 0 8 Site Plan Studv see. r- 40'•0' 8 QCOno 0000 Park 1$ irking -10 ears Scenic Walking Trail Study THE POLO CLUB Vero Beach , Florida ,000 e0 rr..* u. OM Robert Lamb Hart rta nnssedArcbasen N.ererk•S.. Fera... McQueen .ad Assoc We..Ine. CMI E.Siesan Wro.loeb.FbeNs Mr. Swift stated that their intent is to leave the Trail in its present configuration, and their hope is that the Commission will direct staff to work with the appropriate committees and their planners to design and implement a program that would 64 FEB 23 1988 BooK 71 RAGE 64 improve appropriate public access to that area, in a way that protects the environment and everyone's rights to that road and the river. In addition to the dedication of the right-of-way, Windsor Polo Club Associates have advised that they are willing to dedicate a 100 -ft. wide parcel up to 300 feet deep on the southwesterly corner that could serve as additional park area or the location of an observation platform overlooking the Refuge. Chairman Scurlock noted that he did not see a utility easement through there, which will be required. Mr. Swift introduced into the record editorials from the February 10th issue of the Sebastian Sun and February 21st issue of the Press -Journal, encouraging the approval of the Windsor Polo Club because of its low-density and high-quality nature. In closing, Mr. Swift emphasized that they look forward to being contributing members to the community and would be glad to answer any question on the conceptual plan being presented this morning. Mr. Swift asked permission for John J. Morrison, a member of the Scenic Traits Committee, to speak in regard to the historical significance of the Trail. Chairman Scurlock said that would be fine if he kept it brief, because the Board does not want to get into a debate as he believed it is a forgone conclusion that the community perceives there to be historic and scenic value to the north portion of Jungle Trail. Mr. Morrison introduced into the record a copy of the Agreement for Lease of Lands of the Trustees of the Internal Improvement Fund of the State of Florida dated May 23, 1968. LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Mr. Morrison emphasized that he does not have any financial interest or other interest in the proposed Windsor Polo Club. His interests are solely as a civic activist supporting an 65 FEB 28 1980 Boot( 71 FAH 65 enterprise which would bring greater ambience and attractiveness to our community and provide significant economical benefit. Mr. Morrison pointed out that he has no groves on the island, except for those on his residence. He noted that it was his suggestion that the owners retain Homer Fletcher, former Chief Deputy Tax Accessor of Indian River County, to research the history of Jungle Trail. (That report is on file in the Office of the Clerk to the Board). Mr. Morrison read the following letter from Jeannette M. Lier into the record: Jeannette M. Lier P. O. Box 7 Wabasso, FL 32970 February 20, 1988 Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 Re: History of North Jungle Trail Dear Commissioners: I have lived at the Wabasso bridgehead on Orchid Island for 75 years and my family has for 100 years. There are so many misconcep- tions and false rumors flying around concerning this subject, I would like to tell you what occurred on Orchid Island from the bridge from the barrier island to the original Johns Island, northward to the Trail's end at Michael Creek. This Is from memory and as told to me by my mother and father (Beulah and A.B. Michael) . I will have to talk about the true Jungle Trail from CR5I0 south to the Winter Beach Road first because North and South Jungle Trail are not synonymous. South Jungle Trail was in place long before 1920 but it stopped at the north edge of Michael Pond, which is 600 to 700 feet south of what is now CR5I0. This was also the location of my family's home and we lived at the northern most point of Jungle Trail. When my father came to Orchid in the fall of 1887, the sole means of transportation was by boat. Remember every aspect of life was de- pendent on water traffic; such as mail, supplies, shipping produce to market, etc. As more people settled to the south of us along the deep river channel, a foot path developed along the river. Several years after my father married in 1908, he improved the Trail south to Capt. Forster's home, (now Sea Oaks), so that my mother and Mrs. Forster could visit by horse and buggy and not have to depend on boats. The rest of the property owners along the Trail did likewise making it possible to drive a mule and wagon down to the bridge leading to the original Johns Island, thus Jungle Trail evolved. 66 FEB 2 3 1988 BooK 71 66 A one -room school was opened in the fall of 1917, being located just south of Michael Pond. The school population ranged from as few as 5 pupils to as many as 18 during its existence, depending on the amount of farming taking place, including that at Johns Island. When the Quay (Winter Beach) bridge was opened in 1925, the older children were bused to Vero Beach, but the younger children continued in the Orchid school until the Wabasso bridge was built in 1926-27. When the right-of-way for the Wabasso bridge was secured in 1925, a Mr. Norbet Carotin, who lived at the head of Michael Pond, cleared and graded the last segment of South Jungle Trail to the proposed Wabasso Beach Road (CR5I0) . While the bridge was under construction in 1926, Deerfield Groves Co. cleared and graded the road from the river to the ocean and built a pavilion on the beach. With the advent of the Wabasso bridge, the land to the north of CR5I0 developed -fairly rapidly into citrus and a few farms. Thus we come to what is currently known as North Jungle Trail. I realize that the St. Lucie County Commission in 1920 laid out the North road on paper, but, to the best of my knowledge, the road was not implemented until about 1929. Incidentally, my father was a member of that St. Lucie County Commission. There had been some activity taking place at the north end of Spratt Creek but it had not impinged on the residents to the south. In the early 1920's, an Albert and Henry Schuman started truck farming in that area but they lived in Sebastian and traveled back and forth by boat to their farm. When the Quay (Winter Beach) bridge was built in 1925 they brought equipment across the river so that they could start a grove. The Lier Groves are now located on this property. My -father let them take it through our place and through Deerfield Groves property. They went north from there through what is now the D'Albora grove, following a sand ridge to their property. A trail branched off to the east where a Mrs. Holtz started homesteading at about this time (about 1925) . She would come through our property about twice a year and would stop to visit mother and have a meal. In about 1929, Mr. S.J. Pryor took his family north where they lived on land just to the west of the Schuman property. They cleared land to plant citrus, and, as was the practice, farmed the land for cash crops while the citrus trees were growing. After about four years, they moved across the river to Wabasso. Their grandson, Sam, now owns their homesite. From my perspective, North Jungle Trail is and has been an agri- culture access road. It is no more historic than all of the agriculture access roads in Indian River Farms or Fellsmere Farms, and those pre- date it by many years. Yes, the Sebastian Inlet lies north of North Jungle Trail. Many attempts were made to open the Inlet, but it always filled with sand in a short time. It was not until 19117 that you could say that the Inlet was opened. Certainly a few hardy and adventuresome people made the trip up North Jungle Trail and along the sandy bluff to the Inlet. We had a beach cottage just to the east of our grove, and I can attest that three- fourths of the travel to the Inlet was by beach buggy until AIA right- of-way was roughed out, by Roland Miller. We had the only potable water north of Wabasso beach and the beach . buggies would stop to get water. As for North Jungle Trail being an Indian trail for hundreds of years, it will have to be proved to me. When my sister received a canoe for Christmas in about 1922, she and I spent many a day exploring 67 FES 1888 � J BOCK 71 FADE 67 all along Spratt Creek, and we never saw a sign of any kind of path or trail. We would have to hack our way and crawl on hands and knees to get through the underbrush. My father told me that the Indians would come across the river periodically and camp for several days while they collected oysters. Their favorite spots were Big Slough and the north part of Spratt Creek and you can still see remnants of the oyster shell mounds. There were several trails from the river to the ocean, but no north or south trail. The Indians were not stupid enough to fight north and south on the island when they could travel in comfort in their canoes. Anyway, there were Indian trails all through the County, mostly from west to east. Should we hunt these out and make them historic? CR5I0 west -of Wabasso would qualify. That was one of their main trails. I am enclosing a map on which I have drawn the route taken by the Schuman's, and Mrs. Holtz, from CR5I0 northward through the Deerfield property, then along a sand ridge to the Schuman property, then to the Holtz property. I am not speaking for or against the Windsor Polo Club, but let us please keep our history in perspective. Jeannette M. Lier Mr. Morrison entered into the record a letter from G. C. Pryor in support of the proposed development, and concluded by stating that he felt misinformation has been given to the public to have them believe that what is being abandoned is an historical and scenic trail. He believed the north part of Jungle Trail is only a grove service road. Chairman Scurlock pointed out that the County did designate that portion north of CR -510 as historical, and Commissioner Bowman commented that she frequently travels "north Jungle Trail" because it is one of her favorite haunts. Millie Bunnell, President of the Indian River County Historical Society, was glad to hear Chairman Scurlock announce at the beginning of this meeting that he definitely would not abandon or deny "any right" to north Jungle Trail along the property in question, and asked Chairman Scurlock if that is what he said. The Chairman said that was correct, and Mrs. Bunnell said she Liked that statement. She realized that this was a FEB 2 3 1988 68 BOOK 71 FA E 68 preliminary plan, but would like to make it clear that in no way is the Historical Society objecting to this and in no way is the\ Historical Society objecting to the Windsor Polo Club. They are - concerned about north Jungle Trail. Mrs. Bunnell took exception to Mr. Morrison questioning the historical significance of the Trail, and questioned his in-depth research. She emphasized that her purpose for being here today is to urge the Commission not to abandon any portion of the Trail or restrict it in any way, and that includes the restriction of vehicles. Chairman Scurlock corrected Mrs. Bunnell's understanding of his previous statement that he would not abandon or deny any rights to the road. He explained that when he talked about rights, he meant rights of the County to deal with that Trail. In other words, the County could limit it to traffic for a period of time, and if it was thought that was not for the best, the County could readdress it and reopen the road. Mrs. Bunnell wanted it made very clear that the Historical Society is asking that the trail not be abandoned in any way or have any restrictions put on any portion of the road, because their concern is that if this was restricted in any way, it might set a precedent. She advised that the Historical Society intends to be very cooperative in working towards getting this road on the National Register, and wished to present proof that this is an historical trail. Chairman Scurlock did not feel the Board is debating the historical significance of the Trail today; the Board, for whatever, reasons, recognizes that there is historic and scenic significance to the Trail. Therefore, he did not feel it would be worthwhile to have other people speak for 20-30 minutes at a time in debate of the issue. Ruth Stanbridge, Chairman of the Scenic and Historic Trails Committee and a member of the Historical Society, advised that the Comp Plan of 1982 states that priority will be given to the recognition of 4 historical and scenic roads in this county, one 'rER 69. BOOK 71 FnE 69 of which is Jungle Trail from Old Winter Beach Road to SR -510 and from SR -510 north to AIA. It further states that "historic and scenic areas will be designated and protected from adverse development impacts." In the long-range plan, there was provision for a scenic corridor. There is no doubt in their minds nor that of the State of Florida that this is an historical road. Ms. Welcher came down from Tallahassee in January and toured the road, and they provided her with the preliminary site information. Based on their analysis of that preliminary site documentation, the State wrote a letter stating that the Trail does have potential for the National Register. Mrs. Stanbridge recalled that after the Comp Plan was drafted in 1982, she came to the Board when a developer wanted to cut a hole in the Trail, and the Board decided to protect the road by adopting the ordinance which gave us the 30 -ft. buffer for*the Trail. The Committee spent a considerable amount of time on the south end because that is where development was occurring and they worked with the developers who were very cooperative and did not ask for any part of the Trail. Mrs. Stanbridge continued to give proof that Jungle Trail is an historical road, but Chairman Scurlock felt the basic question before the Board today is what Jungle Trail is to be like and what rights the public wilt have to it. We are really down to one issue, and as one Commissioner, he would not vote at anytime to abandon the County's rights to that Trail. However, he is very much interested in having a high-quality, up -scale community that has a lot of benefits, and is very much interested in exploring the possibilities of Limitations on the Trail. He pointed out there are certain types of restrictions on most historical and scenic sites in this country. He would like to see the various groups develop some kind of a management program to limit vehicular traffic and not do anything except preserve and enchance the Trail, not only for the people, but for the environment. That is the direction he would like to take, but he 70 FEB 231988 BOOK 71 FAGE 70 stressed that the County would have the absolute right to change it if we find that we do not like what we have done to the environment. Mrs. Stanbridge felt that once it is restricted to vehicle traffic, it would be difficult to get that part of it back. Although they had felt very safe with the Comp Plan, she hoped now that the Comp Plan is worth the paper it was written on. She realized that the County is getting ready to update the Comp Plan and that we have to have the public's participation. Mrs. Stanbridge felt it is very important that the people feel very comfortable to come in and participate because it does take a lot of their time, the Board's time and the committees' time. However, she felt the people need to know that their government will work with what they say. That is why she felt it is scary to have that all very neatly done in the Comp Plan and then maybe just like that have it evaporate. All they are asking is that the County work with the scenic corridor concept with no restrictions for the entire length of the road with all the people participating. Chairman Scurlock stated that he had absolutely no problem with that, and felt that was a reasonable effort for us to work towards. He appreciated her comments. Fred Oetzel, longtime resident of Vero Beach and President of the Pelican Island Audubon Society presented a scenario of what might happen with a walking trail through that portion of Jungle Trail. To begin with, you need a parking lot at both ends; there probably would be playgrounds, picnic areas and shelters.; and children running around. What is going to happen to the mangroves that are protecting the river at that point? He emphasized that Jungle Trail is a buffer to the river with all the growth that parallels it. The Audubon Society feels that we should have that Trait open at all times to vehicular traffic and not limit it to a walking trail. He read into the record a 71 FEB 23 1988 ROOK 71 FACE 71 statement from the Pelican Island Audubon Society on the position they have taken on Jungle Trail. Peeican Wand c4adaBvn Societe P. 0. BOX 1833 - VERO BEACH, FLORIDA 32961-1833 (305) 567-3520 STATEMENT OF PELICAN ISLAND AUDUBON SOCIETY RE. CLOSING OF JUNGLE TRAIL, PRESENTED BY FRED OETZEL, DIRECTOR, AT THE PUBLIC HEARING BEFORE THE IRC BBC ON FEB. 23, 1988. We cannot agree to the closing of one mile of Jungle Trail to vehicular traffic. The Trail is a public scenic and historic road, so designated in the county Comprehensive Plan, as something unique and special...a natural treasure linking today's county population with its roots. This was the road to the Sebastian Inlet before A -1-A was extended north from the Summer - place area. It was used by residents and visitors alike,and was far more than a "grove" road. It is narrow and unpaved. It should remain forever wild and scenic and open to slow-moving vehicular traffic so that all people can enjoy it without damaging it. The best possible "security" for the Polo Club residents would be a tangle of Spanish Bayonet, Cactus, Greenbrier, and Wild Grape, a spiny, thorny, tangled mass of native vegetation that could be planted to conceal a fence if additional security is desired. The Audubon position is that there is no need to "improve" Jungle Trail except for posting slow speed signs and buffering from the proposed development to the east. We fear for the integrity of Jungle Trail if it is turned into a "Park". It is sure to be abused by over -use, putting the mangrove forest to the west in jeopardy when the public demands access to the river, docks, and launching ramps, picnic tables and shelters. If this county can't save one small unspoiled area that abuts a National Wildlife Refuge, it is a sad reflection on us. We have no objections to the Polo Club, per se. Just put it east of Jungle Trail and leave the Trail and the mangrove forest alone. In conclusion, Mr. Oetzel noted the standing room only audience and felt that many people who were out in the hall and in the first floor conference room listening to the meeting on the public address system might not have the chance to voice their opinion. For the sake of some of those people, he asked 72 x23198 BOOK 71 cmc ..161 ASSN. those people in the Chambers who were in opposition to the closing of Jungle Trail or making it into a footpath to please stand up and be counted. Approximately 75 people stood up. Herndon Williams, 27 Forest Park Drive, spoke in favor of the abandonment of that portion of Jungle Trail. He did not believe that the people here this morning were a representative group of the county as a whole, and did not feel that the Board should consider that as a vote on whether or not vehicular traffic should be allowed to continue. He felt that it is extremely important for the public to realize that the Board is not considering closing any part of the southerly portion of Jungle Trail. Mr. Williams was in favor of restricting the portion of the Trail through the proposed Windsor Polo Club to pedestrian traffic. Lomax Gwathmey, 23 Sea Horse Lane, Vero Beach, read a letter into the record stating the position 'of the Civic Association: THE CIVIC ASSOCIATION of Vero Beach and Indian River County `Since 1968, preserving fostering and promoting the beauty, natural resources and good government of Vero Beach and Indian River County." February 22, 1988 Board of County Commissioners Indian River County 1840 - 25th Street Vero Beach, FL 32960 Re: Proposed Windsor Polo Club - North Barrier Island Chairman Scurlock and Commissioners: P. 0. Box 3381 Vero Beach, FL 32964-3381 The Board of Directors of the Civic Association of Vero Beach and Indian River County at its regular meeting on February 8, 1988 voted unanimously to support the concept of the Windsor Polo Club proposed for the north portion of our barrier island. This support is predicated with the sole proviso that there be no significant deleterious environmental effects. The primary basis for our support of this proposal is the advantageous density trade-off and a greatly lessened impact on future infrastructure requirements. Also, its high quality is most befitting to the character of our community. 73 LFEB 23 1988 'q BOOK 1 FSE 73 We believe the resolution of the problems associated with this proposed project, to permit its execution, would-be in the best interest of the county and representative of good growth management by county government. For the Board o .Lrectors Marion P. ewton, Prepident John H. Dean, local architect, reviewed the following list of suggested considerations and recommendations: TO: Indian River County Commission Suggested considerations and recommendations to the February 13 1988 Windsor Polo and Beach Club request for PRD conceptual plan and special exception approval. Page 1, under General Description Verification should be made as to the total acreage of 280, and the statement that the property runs from ocean to river. The extent of ownership along the river needs to be agreed upon by the Federal Government of the United States of America as represented by the Pelican Island Wildlife Refuge. Page 1, under Phasing/Construction Paragraph one -- omit the final 2 sentence which includes Indian,Rivei County abandonment of the county's interest in the portion of the Trail which runs through the project. Paragraph three -- exact number and location of residential units should be clarified. Windsor Polo Club has gone from 13 Riverfront estates to 27 or so and these plans should be made clear to the county to properly assess the developer's intent along Jungle Trail and the Pelican Island Wildlife Refuge. Page 2, under Jungle Trail Paragraph one is a very weak statement on who owns Jungle Trail. It has been made clear that Indian River County does have legal rights to the entire Jungle Trail Right of Way and that ownership is not in question. Indian River'County decision should be made clearly from a base of Indian River County ownership and control of Right of Way. Paragraph one, under Jungle Trail item 2. This paragraph points out clearly the confusion which has come along with the concerns of the county and the public. Voting changes as indicated by the change in vote by the Scenic Trails Committee clearly shows that the issues at hand have been pressed too quickly and not studied thoroughly enough. The conclusion by the Scenic Trail Committee is now "yes", keep the Trail intact, which is consistent with the Indian River County Comprehensive Land Use Plan. FEB 2 0 1988 74 BOOK 71 FACE 74 Page 4, under item 13 Number 3 is quite vague. The dedication of 60 feet of frontage along 4600 feet of River frontage is small compared to the total length of the River frontage. Developer's plans should be made clear and true ownership of the entire meandering riverfront needs to be determined so that county does not accept or approve any frontage decisions on property which may already be rightfully owned by the Pelican Island Wildlife Refuge. Page 6, under Item B, Jungle Trail number 6 North Jungle Trail is not given much credit for existence. It should be noted that North Jungle Trail is a Scenic and Historic 4.1 mile long trail as recognized by the Indian River County Comprehensive Land Use Plan. North Jungle Trail includes the only place in the world where there is a 1.3 mile stretch. of Scenic Trail along an undisturbed wilderness riverfront which is adjacent to and overlooking the historic and first Wildlife Refuge founded by the United States of America. Page 7, under B, Jungle Trail The last paragraph which discussed transforming Jungle Trail into a pedestrian pathway is inappropriate at this time.' A11 recommendations as to how Jungle Trail should be used should come only after careful study is done and input from all interested groups is heard. The issue itself warrants its own research committee and should not be decided upon until the County clarifies its long range recreational, historical, and scenic trails goals, and its relationship to all of Jungle Trail and the Pelican Island National Wildlife Refuge. Page 8, under Recommendations Expand item 8 to include: That all access points to and from Jungle Trail by Windsor Polo Club be made part of the conceptual plan with full description of use and size. Thatthese access points be minimized and fully buffered. That special safety measures be outlined and described if any horseback riding is to be encouraged by Windsor Polo Club on Jungle Trail. Add recommendations: 9. Remove all riverfront drives, boat houses, and docks from conceptual plans until legal ownership of riverfront is clearly understood and such docks and walks are actually Permitted by the State and Federal Government. 10. Remove all lot property lines west of Jungle Trail until extent of developer rights to develop the land is clear to the developer, to Indian River County, to Florida, and to the Federal Government. 11. That all development plans for Jungle Trail and land West of Jungle Trail be placed on hold until proper boundary lines are agreed upon by Windsor Polo Club,1Indian River County, the. State, and Pelican Island Wildlife Refuge. In conclusion, apart from the Windsor Polo and Beach Club request for PRD conceptual approval, that the county commission initiate a program to come up with details to further a comprehensive plan for the development of the entire Jungle Trail area and vicinity. This program should be initiated soon, to inform the public and the developers of the county's goals, both short and long range, for this area. The program should include study of the interests of all affected groups, such as the citizens of Indian River County, the Indian River Parks and Recreation Committee, the Pelican Island Wildlife Refuge, the Seagrass Preservation and Restoration Committee, Marine Technical Advisory Board, Scenic Road and Trails Committee, Historical Societies, Audubon Society, 75 FEB 2 3 ?9E8 BOOK 71 F.Af.,E 75 the land owners, and the developers. Since this area of the County is under increased development pressure and the Jungle Trail issues are of public concern, all development should be notified that J large entirely is not to be altered in any way and that the county studying this issue in detail. Sincery, john h. dean PELICAN ISLAND NATIONAL WILDLIFE REFUGE:. UNITED STATES DEPARTMENT OF THE E. Nwoe R 39E. most weer pa INDIAN RIVER COUNTY, FLORIDA ern' UNITED STATES FISH ANO WILDLIFE SERVICE um. LEGEND REFUGE DOUNDARY if:"" 't It ';r•- % a 4.4 ar WILDERNESS -AREA PUBLIC LAW 91.504 10-23-70 spar s is , \ Ir. war Paw PX Ty • a.•\lK 7_ �Ij'•'F':i'.:i::i��. rt:i-t:!'::: r.Y3,�p,.�,'3':!�i: R:: 11•.. 30 \ ti S• `LE ASV, GRANT Z - \—....:::21% S �� r: . sear 1 JOS ,I A weir 1.._.,.. R38E. R39E. "'.r COMPILED IN THE DIVISION OF ENGINEERING FROM SURVETS OT U.S.C.RG.S. ANO G.L.O. ACSgTS.s/ n ATLANTA. GEORGIA. MARCH. 19$3 FEB231988 TALLAHASSEE MERIDIAN 0 2000 4000 G000 10000 FCCT o 1/4 1/2 1 2 MILES 76 war : MEAN T DECLINATION 1949 4R FLA 25 403 BOOK 71 FtE 76 WNW uw Commissioner Wheeler understood where the Aububon Society and Historical Society are coming from, because on one hand we want to preserve the wildlife, environment, etc„ but on the other hand, there is not much sense in saving it if you cannot use it. He felt the only way that road could be used safely is to widen it. In addition, he felt we need to weigh the alternatives because we have the opportunity to have a beautiful development with setbacks and a walking frail and ability to expand that trail past the blind curve, with parking on both ends. What happens if we turn this development down and end up with a development with higher densities. Mr. Dean agreed with Commissioner Wheeler and felt the Windsor Polo Club has shown that they would be wilting to work with County staff on this. All he is asking is that the County slow down, take the time to study it, and not jump into a footpath. Chairman Scurlock believed that what the Board would like to see is a management program developed for this resource, but emphasized that the only thing that is being asked today is conceptual approval to move ahead and authorization for County staff to work with the developer and consider closing that portion of the road to vehicular traffic. Commissioner Bird believed that a true naturalist would prefer to get out and walk that trail, but Mr. Dean still felt that it would be jumping to a conclusion to emphasize a footpath right now. He noted that the Parks & Recreation Committee has not addressed this as yet, and felt we need to have a long-range master plan for this county just like Teddy Roosevelt had for preserving this country's natural environments. Commissioner Bird assured Mr. Dean that as Chairman of the Parks & Recreation Committee he would be reviewing that part of the plan. Commissioner Bowman felt it was unnecessary to cut the mangroves in order to have a park in this Location. 77 FEB2 3 1988 BOOK 71 PaGE 77 _ J William Koolage, 815 26th Avenue, Vero Beach, was very impressed by the developers who seem to be very earnest in their cooperation with the County in preserving the integrity of the Trail and with the concessions they have made here today. He noted, however, that he has seen some very honorable people here before, i.e. Bent Pines, Vista Royale, Village Green, etc., where problems have occurred later on, and he felt the Board should have a verbatim transcript of the comments made on both sides of this issue today. He hoped the developer will stay east of Jungle Trail with the proper setback. With respect to boat docks, he believed there is land west of Jungle Trail that would lend itself to boat docks, and if there is, he would like to encourage the Board to investigate what the developers plan for that land and have that laid out in the beginning. He also believed that access from both sides of the Trail is very valuable. Mr. Koolage realized that the penalty for destruction of mangroves, seagrasses, etc., has been addressed here a number of times, but he felt the penalties are minimal and wondered what could be done to increase them. Chairman Scurlock advised that he has talked with Attorney Vitunac and one of the things that we can do is to require new developments to post a performance bond, and if they degradate the mangroves, then we would have money available for restoration. David Croom, 155 Sago Palm Road, believed there are a number of young working people in attendance this morning who are here because they are interested in seeing this project go forward. He askedthose people to raise their hands, and approximately 20 people responded. Mr. Croom advised that for several years he was the chairman of the Vero Beach Planning & Zoning Board and has watched numerous developments come and go. He believed these particular developers want to do a quality job and want to work with the Board and the County planning staff to preserve the 78 FEB 2 3 1988 BOOK 71 FA [ 78 integrity of the road. He urged the Commission to help them go forward and build this quality development. Attorney Eggerton Vandenberg of Orlando, representing J. V. D'Albora Co., long-time owners of 181 acres of citrus which is now part of the proposed Polo Club, stressed that owners of agricultural property have a right to request that their property be used in a manner compatible with the Comp Plan subject to county regulations. He pointed out that under the Comp Plan this property could be used for as many as 900 units, and urged the Board to approve this low density, high quality development. Dorn Whitmore of the Pelican Island National Wildlife Refuge reviewed the historical background of the refuge and pointed out that it was the first officially designated national wildlife sanctuary in this country. Chairman Scurlock believed the Board would like to have Mr. Whitmore participate in the management group that will offer advice to the Commission as to what we can do to preserve this asset for the county, and Mr. Whitmore stated that Pelican Island needs the protection of the County. He was pleased to hear about the expansion of the buffer and the protection to the mangroves which are vital to the health of the river. Mr. Whitmore passed out material concerning the very basic issue of land ownership which identifies the old meander line that was established by the federal government in 1859. He noted that the State of Florida maintains control over the water column and the bay bottoms. He stated that a portion of the Windsor Polo Club development along the edge of the river is within this meander line, and he felt that before we go forward and make any decisions regarding the use of this land, we need to go back and do some title search in order to get to the bottom of the ownership issue. W. E. Orth, 3045 10th Court, Vero Beach, member of the Audubon Society and the Historical Society, was concerned about eliminating vehicular traffic on Jungle Trail. He believed that many elderly people who enjoy driving through there would not, FE 2 3 1988 79 BOOK 71 fgE 79 indeed, could not, walk that part of the Trail. He proposed that a 5-10 mph speed limit be established for vehicular traffic and a pedestrian pathway be built alongside the Trail. Mr. Orth noted that he and his wife go up to Melbourne once a month for lunch and enjoy driving along that section of the Trail. He urged the Board not to restrict the Trail in any way so that people can continue to enjoy a leisurely ride through there. Harry Hauth, 7750 Jungle Trail, believed that restricting the Trail from vehicular traffic in this case would set a precedent and encourage other developers to come in and request that restrictions be placed on the part of the Trail that runs along their developments. He owns property on both sides of Jungle Trail and certainly doesn't enjoy the traffic in front of his house everyday and the dust it creates. If the Board chooses to go with a footpath for the Windsor Polo Club, they will be setting a precedent, and he, for one, would like to go on verbal record that he will come in and request a footpath in front of his house. Charles MacConnell, member of the Board of Directors of the Historical Society, presented letters and petitions with 4000 signatures of interested citizens who do not want the historic and scenic north portion of Jungle Trail abandoned or restricted as a through public road. He emphasized that people from all over the county signed these petitions. PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Chairman Scurlock asked Mr. MacConnell to •read the top of the petition that these people signed, and Mr. MacConnell read the following: "We the undersigned oppose the abandonment of that section of historical Jungle Trail within the Windsor Polo Club development plan, and we wish this brought to the attention of the Indian River County Commission." Speaking as an individual, Mr. MacConnell pointed out that closing the road to vehicular traffic will benefit only the people in the 13 estate -sized homes that are proposed to be built adjacent to Jungle Trail. He wondered why we are here today to 80 FEB 2 3 198E BOOK .71 PAGE 80 decide to shut that road off to vehicular traffic when the people from those 13 homes are non-existent at this point and thousands of people are in opposition to the restriction. With respect to the safety of the road, he felt any dangers in navigating the road could be overcome. Brian Kool of the Department of Natural Resources stated that his comments do not reflect the position of the Dept. because he is the only one in the Dept. at this point who is aware of this issue. He stated that the DNR has no position on the Windsor Polo Club itself, but speaking as a manager of the aquatic preserve, he expressed his concern about the disposal of waste generated by the horses and wanted to be assured that no seepage would find its way into the lagoon. Chairman Scurlock pointed out that the DNR, as well as the DER, the Corps of Engineers and other permitting agencies, will have their say when the developer gets to that point. Hazel Crews, 1135 20th Avenue, explained that the change in the request at the eleventh hour by the Polo Club to restrict the Trail from vehicular traffic did not give those people who opposed the total abandonment of the road enough time to address the proposed footpath. She felt the mere fact that they have almost 4000 people who spoke to their feelings on this plus the fact that there is a large attendance today tells you that they do not want the restriction of this historical road. Chairman Scurlock maintained that he has had contact from people who said they signed the petition based on the request for abandonment, and he felt that is a legitimate question to raise. Commissioner Bird agreed that it is a legitimate question, because in his own family, his wife would have signed the original petition against abandonment, but she feels very comfortable with the compromise of a footpath. Mrs. Crews reiterated that the Historical Society does not object to the Windsor Polo Club as a development; they merely are 81 FEB 2 3 1988 BOOK 71 PAGE 81 saying that they feel the Windsor Polo Club can have their development while allowing the public to continue to have access to the road to view it as we pass. They want to view the preserve, not use the preserve; therefore, not doing as much damage as if the preserve was used. If the Windsor Polo Club is interested in the feelings of the people of this county as they so stated in their news conference when they announced this change in their plans, then the Society would urge them to recognize the unique opportunity to exclude Jungle Trail from their plans for restricting it and join in the effort of creating a scenic, historical corridor to be used by all the people in our community and the generations to come. The aims of the Historical Society are the same as those of the Board of County Commissioners who adopted an ordinance stating that "Indian River County wishes to preserve its history, its cultural traditions, elements of unique beauty and charm, including scenic and historical roads." Mrs. Crews pointed out that the corridor section of the ordinance provides that it will not restrict people from enjoying a leisurely scenic drive. In conclusion she hoped that the Windsor Polo Club's goals are the same as the Society's goals. Much clapping followed this statement. Richard Jones, resident along Jungle Trail since 1919, reviewed the history of the road and emphasized that the road has been open to vehicular traffic to the north and south for all that time. He noted that there are 4 developments between where he lives on south Jungle Trail and CR -510 and none of those developments have asked for any closing of Jungle Trail. He felt that every development should be treated equally. Johns' Island has fenced in their development and have their own security; why can't these people do that? Frank Wakefield, 645 Live Oak Road, presented petitions with 40 signatures of people opposed to any change in Jungle Trail. He emphasized the very strong feelings that people have about the 82 FEB 23198 BOOK 71 PA;F 82 road being closed to vehicular traffic. Mr. Wakefield believed that it is very unfair for the Commission to come in with a notion of what they are going to do before everybody is heard, and he felt they are going against the public will. He urged the Board to put this issue to a referendum on the March 8th ballot. Commissioner advised that it is too late to get it on the March 8th ballot. Michelle Abaldo, 226 30th Avenue, wondered about the validity of some of these signatures on the petitions that have been presented here this morning. She advised that her daughter's science teacher at Indian River Middle told her that the Windsor Polo Club was going to throw horse manure into the Indian River and kilt baby animals. Pat Moore, a 20 -year resident of Indian River County, spoke in favor of the proposed development as she believed the Windsor Polo Club would be a benefit to this community. She especially like the low densities of 200 units as opposed to the 900 units that could be built there. Joseph Guffanti, Holly Road, asked if any provision had been made for the future demise of the Windsor Polo Club. In other words, if they decide in five years or so that it is no longer desirable, what are they going to do with the property? Chairman Scurlock explained that there are provisions in the conceptual site plan and the final site plan; in fact, if they don't pursue that and activate that within a year, it goes by the wayside and they have to go back to the beginning and start the process all over again, unless the Board grants them an extension. Mr. Guffanti believed that restricting the road from vehicular traffic would be taking a benefit from many people and giving it to only a few people who consider themselves elite. He urged the Board to allow vehicular traffic. Allen McCarthy, county resident, believed the proposed Polo Club is a well designed development. However, he felt that no 83 EB 2 3 1988 Bou 71 FA E 83 justification has been given for changing the status quo of that portion of Jungle Trail. Chairman Scurlock believed the reason is the degradation of the quality of the southerly portion of Jungle Trail. He felt that the emphasis now should be to have a management plan for the north section of the Trail to save it from degradation. Mr. McCarthy understood the area west of Jungle Trail would be zoned to 1 unit per acre, but Chairman Scurlock explained that it is all zoned RS -3. However, since it has a environmentally sensitive designation, it is limited to 1 unit per acre and that actually ends up being transferred to the uplands property. Chairman Scurlock anticipated zero homes to be built on the wetlands. Joanne Carlson, Executive Director of the Humane Society, was very much concerned about the impact that this development might have on the Refuge. She stated that the Humane Society is concerned about everything that affects wildlife. She noted that at the present time the County does not have any regulations that addresses horses, and Chairman Scurlock felt there is no question that if our ordinances do not address this, we need to do so. Louis Maresca, 1085 Morningside Drive, explained that his house is 100 feet from Jungle Trail, and he felt that most of the people who drive along Jungle Trail are older people who can't walk much of a distance. He believed that if this is limited to a footpath for this particular development, then other developments, such as Sea Oaks, will request the same thing along their portion of Jungle Trail. What is going to stop that? He urged the Board to develop a management program for the entire Trail Commissioner Bird explained that Jungle Trailis open along the other developments because of conditions in their site plan approval that prohibit the closing of the road. They could not do anything without coming in for a modification to their site 84 FEB 251988 B00K 71 FA ,E ©4 plan, and he did not believe that this Commission or any future Commission would go in and change that. Cheryl Oliver, resident of Sebastian, emphasized that she took the day off from work today to attend today's meeting so that she could express her opposition to the proposed Windsor Polo Club and the abandonment or restriction of any part of Jungle Trail. She presented petitions with 250 signatures of people who oppose any restriction being placed on Jungle Trail. She noted that these people could not be here today because they had to work. She believed there is a misconception about people not understanding that this request is for the north side of Jungle Trail, and they understand that the question is whether they are going to walk or drive that road. She noted that Mr. Swift said in the paper that traffic is not compatible with high quality. Well, she didn't know about anybody else, but she considers herself high quality. She has traffic going down her road and would tike to see it closed to through traffic also. Mrs. Oliver wanted to know why the people will not be allowed to drive that road. Why do they have to walk it. Why can't they drive by this development? The developers have said they are very concerned about what the public wants, and she was touched by that. She pointed out that the letter she wrote to the editor of the Sebastian Sun was rejected because he said there had been enough on that subject, but two days later the paper published a 1/2 page editorial in favor of the development. Mrs. Oliver stressed that the people want the road open and they want to drive down that road. The County could make it a one-way road, install "slow" signs, and manage it. Jungle Trail is a county road; it is an historical road; and she urged the Commission to please let the public use it the way itshould be used. Chairman Scurlock pointed out that the road has been closed once already, and Mrs. Oliver interjected that everyone understood that was only because of the threat of citrus canker. 85 FE3 23 1988 BOOK 71 PAGE. 85 After 4 hours of debate, Chairman Scurlock decla-red the Public Meeting closed. Commissioner Wheeler wanted to preface his Motion with some comments. He advised that he has driven along the road and talked with dozens of people in the last few weeks. Although there is great concern about either closing it or limiting it, he has found that there are many people who don't really understand the situation. He wondered when the last time was that many of these people drove Jungle Trail, because he believed that many of the people who signed the opposition petitions are not aware that Jungle Trail extends north of CR -510. He pointed out that the north part of Jungle Trail meanders through the groves and you really cannot see the Refuge from a car, and having this as a footpath would enable people to get up close and enjoy the natural beauty. Further, he did not think there is enough traffic up there to be of concern to the Polo Club, but he felt a footpath would be better as far as protecting the Refuge and protecting the character of the road. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, that the Board grant conceptual plan approval to the PRD for the Windsor Polo Club as set out in staff's recommendation with the change in Condition #8 from a 30 -ft. buffer to a 50 -ft. buffer, and extending the path along the river north to the tight curve in the road, and authorize staff to work with the developers and the appropriate groups and interested citizens to come up with a management plan for the road. Under discussion, Commissioner Wheeler envisioned an observation tower at each end of the path. Commissioner Eggert reiterated that the State of Florida has stated that the best way to protect this plan is through a 86 L 23 1988 B001( 71 PACE 86 walking path, and she believed there is a capacity to work with everybody . She did not feel, however, that we need observation towers at either end. Commissioner Bowman could not see why groves are not considered scenic, because to her that road through the groves is magnificent scenic beauty and she takes visitors up there all the time. Further, she could not see restricting this portion of the road to pedestrians when 65% of the population in this county is 65 years and older and would have to walk that path instead of driving through. In addition, if this is to be made into a park, she believed that it will suffer from overuse and the road will look worse than south Jungle Trail. Commissioner Wheeler noted that the area we are talking about is where the mangroves come up to both sides of the road. Commissioner Bird stated he would support the Motion because people still will have the enjoyment of driving by the river on the southern portion of Jungle Trail. However, he stated that he would always vote to keep that part of the road open. He believed the north section is a tittle different as it relates to a different experience for those people who do want to get out and enjoy the serenity of that particular area. Commissioner Bowman wondered how it would be policed. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried by a vote of 4-1, Commissioner Bowman dissenting. REQUESTS. TO ESTABLISH SOLID WASTE FRANCHISES FOR ATLANTIC REFUSE CORP. TROPICAL WASTE, INC. AND WASTE -A -WAY, INC.. (Tabled from 10/13/87 meeting) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, to wit: 87 FEB 2 3 1988 BOOK 71 F',1GE 87 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a 7 in the matter of ea in the _._.�__..___ _. __....._..... _._ _._ Court. was pub- lished in said newspaper in the issues of '��✓lll j /6 //Fr 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. Sworn to and subscribed t foree thi (SEAL.) day of.J•'D. 19 rr V' i 6i; i.' Business Manager) �J/S• (ht.__ i (Clerk of the Circuit Court, Indian River County, Florida) • NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County Commissioners of Indian River County, wiU hold • a public hearing In the Commission Room, In - Man River County Administration Building. 1840 25th Street. the 23rd day of February, 1988 at 9:05 AM to consider the request of Atlantic Refuse Corporation. Tropical Waste Inc.. and Waste -A -Way, Inc.. granting a solid waste reel. dentist and commercial franchise. All interested panes will be heard. Dated this 8th day of February. 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don C. Scurlock Jr., Chairman February 10, 1988 Utilities Director Terry Pinto reviewed the following staff recommendation for denial of the requests to establish a franchise: DATE: FEBRUARY 5, 1988 TO: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY FROM: LISA M. ABERNETHY 41.11N. FRANCHISE -II ICES REQUEST TO ESTABLISH A SOLID WASTE FRANCHISE FOR ATLANTIC REFUSE CORP., TROPICAL WASTE INC., AND WASTE -A -WAY, INC. - TABLED FROM 10-13-87 BACKGROUND On October 13, 1987, the Utilities Department presented to the Board of County Commissioners information pertaining to the establishment of three additional solid waste franchise haulers. After lengthy 88 FEB 23 1988 BOOK 71 F\GF 88 -discussion, the Board directed and authorized staff to enlist the consulting firm of Camp, Dresser, and McKee, Inc. to perform a needs analysis in accordance with the franchise resolutions presently held by Harris Sanitation and Rural Sanitation. ANALYSIS Upon review by Camp, Dresser, and McKee, Inc., the information has been provided in the needs analysis, attached hereto. RECOMMENDATION After careful consideration and meetings with the consultants, and based on the consultants report, staff recommends to the Board of County Commissioners to deny the applications of Atlantic Refuse Corp., Tropical Waste Inc., and Waste -A -Way, Inc., to be franchised solid waste haulers in Indian River County at this time. Further, staff feels negotiations should begin with the existing haulers to modify Franchise Resolution 82-50 and 82-51 If the applicants wish to pursue the possibility of becoming a franchise in the County, they may submit- their own needs analysis, following certain conditions set forth by the County, for further consideration by the County Commission. Director Pinto explained that according to the ordinance, if the applicants wish to pursue the possibility of becoming franchised haulers in Indian River County, they may submit their own needs study for our review at that time. Chairman Scurlock understood that the 3 applicants have the option to do their own study and present that to the Commission; or ask for their item to be removed for consideration at a later time; or go along with the recommendation for denial. Director Pinto stated that the recommendation for denial is not a denial forever. It is a denial based on the information that we have on hand at this time. If there is other information, they have the right to resubmit. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Roger Messer, attorney representing Waste -a -Way, Inc., noted that this is a local business and the general manager is a resident of Indian River County and is here today. They do not feel that the study by Camp, Dresser, and McKee has dealt with them fairly, in that it seems to consist principally of telephone conversations between CDM and the present franchised haulers 89 FEB 231988 Boo. 71 F GE 89 asking them if they would like more competition. Waste -a -Way would like to request that the Board withhold taking any action at this time until after they have had an opportunity to show the Commission that there is, in fact, a need for more competition in this community. They can show that where you have adequate competition, particularly with commercial collections, the prices go down and the level of service goes up. All they are asking today is for a chance to compete in the community. With respect to residential collections, perhaps there should be exclusive franchises for various neighborhoods. They have no objection to that, but they would like the right to bid on those routes as they feel they could provide the service at rates equal to or less than the existing haulers and give better service. They feel that there is a need for competitionbased upon the fact that the prices being charged in the community at this time appear to be high because of the lack of competition. Attorney Messer felt the CDM study seems to be very superficial, because all Waste -a -Way was required to submit was financial information. No one asked them what kind of service they could give and what kind of equipment they have. Commissioner Bird felt the bottom line is that the Commissioners are looking for the best level of service at the lowest possible rates, and he for one, would be interested in hearing their arguments. Director Pinto explained that the franchise states very clearly that the applicant has the right to do a needs study, but pointed out that just because someone comes in and says that he has a lower price is not sufficient reason to issue a franchise. Chairman Scurlock asked what happens if these people come in and show substantially that they can do it for less than the current franchised haulers. Can we consider that and say yes you can do business? Attorney Vitunac felt we can if it affects the basic franchise. They cannot be perfect if the new firm can do it at 90 FEB 2 0 1988 �c�l�w 71 PRfiE 90 half the cost. Something has to be wrong there, i.e. management equipment, efficiency. Commissioner Wheeler did not like the idea of 3 or 4 trucks servicing the same neighborhoods or shopping centers. Director Pinto pointed out that staff is not satisfied with the way the basic franchise is written, but pointed out that is what we have to work with. He recommended strongly that we try our very best to negotiate whatever we can in favor of the County to get better controls within the franchises. If this company or any other company wants to do a needs analysis, based on service, price, equipment, they certainly have the opportunity to do that and come back before the Board. Chairman Scurlock pointed out, however, that while they are doing their needs study, the County will be negotiating with the existing franchise holders for specific areas. The whole point is going to be moot and they will have spent a substantial amount of money on their needs study. Attorney Messer stressed that when you have competition, rates go down, and they are simply asking that they be allowed to do a needs study before their submittal is rejected. Commissioner Bird asked what how much time they would need to do that study, and Attorney Messer believed it would take 6 months, but perhaps it could be done sooner. G. Lewis Belks, attorney for Tropical Waste, Inc., did not see any emergency in making this decision today. No service is going to be stopped, nothing is going to happen if the Board gives them some time to bring in a needs study. He felt the CDM study was not based on any outside polling of any kind that he could garner from the four corners of the document presented. It seemed to him that the study was restricted to an interrogation of some degree of the two present franchised haulers. If the County wants to accept that, there is nothing they can do to fight that. All they are asking is that the County give them a 91 Boor. 71 FAGE 91 fair shake, and don't close the door today and make them pay another $1,000 to resubmit and use this same study to beat them in the head with. Bill Nelson, resident of Rockridge, pointed out that the south transfer station is closed at the present time because the street is closed off. He was concerned that people would be dumping garbage all over the place. He recalled that last June the Board authorized staff to look into the county being divided up into separate service areas for the two existing haulers in order to cut down the travel time and, therefore, the rates to the customers. Perhaps 3 or 4 haulers would bring the cost down even further. There being no others who wished to be heard, Chairman Scurlock declared the meeting closed. Director Pinto suggested that the Board move that the applications are incomplete because the needs studies were not presented as part of their applications as required in the basic franchise. That way there would be no action, and they would not have to pay another fee to resubmit. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously ruled that the applications as submitted are incomplete because they did not include a needs study; thus allowing the applicants to come back at the appropriate time with a needs study without paying another $1000 application fee. WASTEWATER TREATMENT SYSTEM, SLUDGE & SEPTAGE FACILITY The Board reviewed the following memo dated 2!16188: 92 FEB 231988 BOOK 71 FAGS 92 TO: THRU: TERRANCE G. PINTO DIRECTOR OF UTILRVICES FROM: WILLIAM F. McCAIN`�,. / PROJECTS ENGINEER DEPARTMENT OF UTILITY SERVICES CHARLES P. BALCZUN DATE: FEBRUARY 16, 1988 COUNTY ADMINISTRATOR SUBJECT: WASTEWATER TREATMENT SYSTEM, SLUDGE & SEPTAGE FACILITY BACKGROUND AND INFORMATION The Department of Utility Srvices has retained Camp, Dresser & McKee, Inc. (CDM) to perform studies regarding wastewater management. The studies include Septage and Grease Management Feasibility Study, June 1986; Sludge Management Feasibility Study, October 1986; and the Indian River County Wastewater Master Plan (Draft), May 1987. All three studies concluded that because of projected population growth in Indian River County, a lack of existing facilities to treat septage, sludge, and grease, and a growing concern by regulatory agencies about the adequacy of treatment of sludges in the state, Indian River County should proceed with the design and construction of a sludge, septage, and grease handling facility. The County's position became even more critical upon notification by the Florida Department of Environmental Regulation (FDER) on March 6th, 1987 that the existing sludge facility would have to be phased out beginning September 30, 1987. ANALYSIS On March 13, 1987, on behalf of Indian River County, CDM submitted a request for Inclusion for Fiscal Year 1988 to the FDER for the sludge, septage, and grease handling facility proposed for Indian River County. On August 8th, 1987, a schedule agreement was signed by the County and FDER to stay eligible for the grant as the County could receive a 55 percent grant from the U.S. Environmental Protection Agency (EPA). The financial benefits of this grant are obvious. (See attached Cost Breakdown.) The next submittal date to meet the schedule agreement is March 15, 1988. The next EPA meeting to address this submittal is 30 days following March 15, 1988. To meet the schedule agreement and to retain grant eligibility, Indian River County must be prepared to submit engineering documents to the FDER within the next 30 to 60 days. RECOMMENDATION The Department of Utility Services recommends that the Commissioners approve and authorize Camp, Dresser & perform preparation of preliminary and final specifications for the Sludge and Septage Facility for of $285,000.00. A formal Work Authorization outlining forthcoming for your signatures. Board of County McKee, Inc. to drawings and an up -set limit the agreement is Chairman Scurlock noted that staff has prepared a selection process for the selection of consultants where 23 separate categories will be identified. Administrator Balczun intends to bring it to the Board at next week's meeting. The Chairman wanted to make it clear why we are going ahead and approving this contract now and not waiting until next week. FEB 2 3 1988 93 E;ool< 71 Ft(F 93 FEB 2 Utilities Director Terry Pinto explained that using the new selection process, CDM came out on top for this particular category. Service Design Special Services Services During Bidding Services During Construction Resident Inspection Services Start -Up Services TOTAL CAMP DRESSER & McKEE INC. Cost $285,800.00 38,859.00 24,542.00 112,450.00 255,488.00 80,975.00 $798,114.00 Chairman Scurlock pointed out that the CDM proposal shows the total of $798,114.00 for the first phase, the design phase. However, the price for this particular design is $285,800, which is what we are approving today. Some of those services we may choose to do with CDM and some we may choose to do inhouse. He explained that what we have tried to do, at least in the area of utilities, is to model our fee curve after that of FmHA, which is the lower end of many of the fee curves that are proposed. A lot of it can get tricky as to what is included in that particular fee, but we try to negotiate additional services that are not usually included under the normal situation. Chairman Scurlock wanted everyone to be aware of that, because we are spending substantial dollars in this county to get these things designed, and we have to watch very closely the product we are getting and what we are paying for it. 1988 94 BOOK 71 PAGE 94 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved and authorized Camp, Dresser & McKee, Inc. to perform preparation of preliminary and final drawings and specifications for the Sludge and Septage Facility for an up -set limit of $285,800; a formal work authorization to be brought back to the Board for approval. (WORK AUTHORIZATION NO. 10 - REGIONAL SLUDGE FACILITY - DESIGN SERVICES - ON FILE IN THE OFFICE OF CLERK TO THE BOARD) TAX LIEN ON TRACT "E" OF RIVER EDGE The Board reviewed the following memo dated 2/23/88: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: February 15, 1988 RE: TAX LIEN ON TRACT "E" OF RIVER EDGE B.C.C. MEETING FEBRUARY 23, 1988 As part of the recent acquisition of the River Edge water treatment plant from Elliot Keppler, the County must clear up certain liens which affect title to the property. 1 am still working on the Sebastian Code Enforcement Board liens and the mechanic's liens filed by a well drilling company. The attached resolution will solve the problem of the tax liens against Tract "E" of the property. Passage of the attached resolution will allow the Tax Collector to remove the lien from this property; therefore, staff recommends its adoption. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 88-15, cancelling and discharging any and all tax liens on Tract "E" of River Edge Subdivision. 95 FEB 231988 Boor 71 PAGE 95 2 /15/88.1 (Reso )LE111111k) RESOLUTION NO. 88-15 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING AND DISCHARGING ANY AND ALL TAX LIENS ON TRACT "E" OF RIVER EDGE SUBDIVISION. WHEREAS, Indian River County has recently acquired Tract E of River Edge Subdivision, as recorded in Plat Book 8, Page 81, of the public records of Indian River County, Florida, as part of a project by the County to acquire and renovate an existing water treatment facility serving approximately 500 homes in the area; and WHEREAS, the former owner of this tract has failed to pay certain taxes due; and WHEREAS, §196.28, Florida Statutes, allows the Board of County Commissioners to cancel and discharge any and all liens for taxes, delinquent or current, held by the County on lands kept for public use; and WHEREAS, this cancellation shall be by resolution of the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. There is hereby cancelled and discharged any and all liens for taxes delinquent or current on Tract E of River Edge Subdivision, as recorded in Plat Book 8, Page 81 of the public records of Indian River County, Florida, which lands are to be used by the County as a water treatment facility. 2. The Clerk to the Board is authorized to provide a certified copy of this resolution to the Tax Collector of Indian River County. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye BOOK 71 PAGE 96 FEB 2 3 1988 1 RESOLUTION NO. 88- 15 The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of February, 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest Freda Don C. Scur ock, Chairman CONSIDERATION OF COUNTY ADMINISTRATOR'S CONTRACT The Board reviewed the following memo dated 2/17/88: TO: Board of County Commissioners DATE: February 17, 1988 FILE: SUBJECT: Consideration of County Administrator's Contract FROM: Don C. Scurlock, Jr? REFERENCES: Chairman An action needs to be taken by the Board of County Commissioners regarding the County Administrator's contract. His contract is automatically renewed for another one year beyond October 1, 1988 if no action is taken 6 months prior to October 1. Consideration at the February 23, 1988 meeting, will give the Commission enough time to take action on this matter before the March due date. A new contract is being prepared for your consideration. 97 FEB 2 3 198& BOOK 71 PAGE 97 Attorney Vitunac advised that changing the notification time from 6 months to 3 months is the only change from the original contract. Commissioner Bird emphasized that in the past when we have terminated an Administrator, it has cost the county a considerable amount of money and there has been a lot of criticism from the community. Chairman Scurlock felt that 90 days notice was ample time. After considerable discussion, Administrator Balczun understood that all the Board is doing today is changing the notice provision from 180 days to 90 days. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the amendment to the contract with the notice provision changed from 180 days to 90 days. AMENDED CONTRACT WILL BE MADE PART OF THE RECORD AND PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 3:00 o'clock P.M. ATTEST: Clerk FEB 231988 9 8 BOOK 71 PAGE 98