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HomeMy WebLinkAbout3/15/1988Tuesday, March 15, 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, March 15, 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 Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Elmer Vogelsang, Immanuel Baptist Church, gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert wished to add a short statement about the Community Redevelopment Agency to the agenda. She also requested that the item regarding selection of the main library site be taken up while a full Board is still present, knowing that the Chairman has to leave about noon, and further asked that Item 10 A - North County Library Amended Survey - be tabled until a later meeting. Commissioner Bird advised that he will make a report on the Parks & Recreation Committee under his matters. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously tabled and added on items to today's agenda as described above. MAR 15 1988 BOOK 71 1`70 APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of February 9, 1988. Commissioner Bowman advised that on Page 25 "Ronald" MacDonald Park should be corrected to "Donald" MacDonald Park and further advised that Page 28 should read that the organizational meeting of the Indian River Lagoon Narrows Action Committee was held in Melbourne, not Sebastian. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of February 9, 1988, as corrected. The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of February 16, 1988. There were none. ON MOTION by Commissioner Eggert, SECONDED By Commis- sioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of February 16, 1988, as written. CONSENT AGENDA Commissioner Bird asked that Item 14 be removed from the Consent Agenda for discussion, and Commissioner Eggert wished to have Item 12 removed also. (1) Duplicate Tax Sale Certificate #321 LIAR 15 1988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Duplicate Tax Sale Certificate #321 for Tom O'Callaghan in the amount of $74.31. 2 BOOK 71 PAGE 171 (2) Reports The following reports were received and placed on file in the Office of Clerk to the Board: Traffic Violation Bureau, Month to date report by Last Name for month of February, 1988 Traffic Violation Bureau, Special Trust Fund, Month of February, 1988 - $40,191.39 (3) F.I.N.D. Proposal for Boat Dock/Moorings/Equipment at Fire Station #2 The Board reviewed memo from Chairman Scurlock: TO: Board of County Commissioners DATE: February 26, 1988 FILE: SUBJECT: FIND Proposal for boat dock/moorings at Fire Station #2 FROM: Don C. Scurlock, Jr. REFERENCES: Chairman Request retroactive approval for Chairman to sign F.I.N.D. Proposal for boat dock/moorings at Fire Station #2. No matching funds are required from the County., MAR 15 1988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously granted the Chairman retroactive approval to sign applications to Florida Inland Navigation District for Boat Dock and Emergency Equipment at Fire Station #2 and adopted Resolutions 88-18 and 88-19 authorizing same. 3 BOOK 71 F'/ E 172 i RESOLUTION NO. 88-18 RESOLUTION ON GRANT ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT GRANTS TO LOCAL GOVERNMENTS PROGRAM South Indian River WHEREAS, THE County Fire District is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Fire Rescue Boat Dock Total Estimated Cost $ 15,550.00 Brief Description of Project: The South Indian River County Fire District has recently obtained a 30 foot Wellcraft boat to be used for Emergency Fire Rescue services on the Indian River. Being that the District has a station located on the Intracoastal waterway, a mooring is needed to place the boat in order to respond to emergencies as soon as possible. RESOLUTION NO. 88-19 RESOLUTION ON GRANT ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT GRANTS TO LOCAL GOVERNMENTS PROGRAM South Indian River WHEREAS, THE County Fire District is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Emergency Equipment for Fire Rescue Vessel on Intracoastal waterway Total Estimated Cost $ 25,000.00 Brief Description of Project: The Florida Marine Patrol has furnished the Fire District with an unequiped vessel for fire and rescue use on the Intracoastal waterways and Indian River narrows. This request is for matching funds to purchase necessary equipment and make necessary repairs to put this boat in operation. RESOLUTIONS 88-18 & 88-19 ARE ON FILE IN THE OFFICE OF CLERK TO BAR 15 1988 THE BOARD IN THEIR ENTIRETY. 4 BOOK 71 fnE 173 (4) Appointments to Code Enforcement Board ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the follow- ing appointments to the Code Enforcement Board: Monte K. Falls (as recommended by Commissioner Bird) Phillip H. Barth, Ill (as recommended by Chairman Scurlock) (5) Resignations from Environmental Control Hearing Board ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously accepted the resignations of Jack Pearce and Richard Votapka from the Environmental Control Hearing Board for the reasons set out in the following letters: o R CV cm . 4f18gioH 44, % of Invironmental Health Control Commissioners: 926 47th Avenue Vero Beach, FL 32966 February 27,1988 Please accept my resignation from the Indian River County Environmental Health Control Hearing Board. I have enioyed this service. I concur that continued service in view of employment with the Utilitie Services Department "could give rise to conflict of interest or appearance of a conflict of interest". It is my hope that there may be a future situation in which I may be of similar service to the County and its citizens. Thank you all for past considerations. Sincerely, Jack Pearce 5 MAR 15 1988 BOOK 71 fu174 873 S.E. Lance St. Sebastian, Florida 32958 March 1,1988 b07 Doug Scurlock 4n Indian River Co. Board Of County Commissioners 1840 25th Street Vero Beach, Florida 32690 Dear Commissioner Scurlock: I hereby offer my resignation as a member of the Indian River County Environmental Control Hearing Board, since I am a candidate for the office of Mayor in the City of Sebastian. I have been recently informed by Mrs. Suzanne Vitunac, Attor- ney for the Environmental Control Officer, that the enabling legislation creating the Environmental Control Hearing Board prohibits candidates for elective office from serving on the Board. If I am not elected, I request that I be reappointed to the Board. Sincerely, ‘-zt Richard B.Votapka (6) Bid #395 Emergency Life Station The Board reviewed memo from Purchasing Manager Ambler: TO: Charles Balczun County Administrator THRU: P. J. Mattes ;J Asst. County Administr$tor FROM -'=�'�-� ' �'"����" REFERENCES: DATE: February 24, 1988 FILE: SUBJECT: IRC BID #395 EMERGENCY LIFT STATION is Ambler, C.P.M. Purchasing Manager 1. DESCRIPTION. AND CONDITIONS Bids were received on Wednseday, February 3, 1988, at 2 p.m. for Bid #395. Invitations to Bid were mailed to 6 vendors. 5 bids were received, including one no bid. MAR 15 1988 6 BOOK 71 F,AGE 175 2. ALTERNATIVES AND ANALYSIS The lowest bid meeting specifications was submitted by Barney's Pumps, Inc. at a price of $7,514.00. 3. RECOMMENDATION AND FUNDING Staff recommends that IRC Bid #395 be awarded and that the purchase be accomplished from Barney's Pumps, Inc. Budgetary funding has been confirmed for Utility Services 471-218-536-066.49. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously awarded Bid #395 for an Emergency Lift Station to Barney's Pumps, Inc., as being the lowest bid meeting specifications, in the amount of $7,514.00, as recommended by staff. (7) Bid #406 Micro Film Reader/Printer (Building Dept.) The Board reviewed memo from Purchasing Manager Ambler: TO: Charles Balczun County Administrator THRU: P. J. Mattes FROM • • 1'4 DATE: February 25, 1988 FELE: SUBJECT: IRC BID #406 MICRO FILM READER Gus mbler, /Purchasing Manager ERENCES: 1. DESCRIPTION AND CONDITIONS Bids were received on Wednesday, February 24, 1988, for Bid #406, a Micro Film Reader Printer. 10 Invitations to Bid were mailed and 6 vendors responded, including 4 no bids. 2. ALTERNATIVES AND ANALYSIS The low bid meeting specifications was submitted by Milner Document Products for $14,642.00. 3. RECOMMENDATION AND FUNDING Staff recommends that we award IRC Bid #406 and purchase this item from Milner Document Products. WAR 15 19$8 � J Budgetary funding has been confirmed for expenditures from Building Department Account # 441-233-524-066.41. 7 BOOK 71 oGE 175 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously awarded Bid #406 for a Micro Film Reader/Printer to Milner Document Products, as being the lowest bid meeting specifica- tions, in the amount of $14,642.00, as recommended by staff. (8) Bid #407 Equipment Trailer for Utilities The Board reviewed memo from Purchasing Manager Ambler: TO: THRU: Charles Balczun County Administrator Perry J. Mattes Asst. County Administrator DATE: February 26, 1988 RLE: Purchasing Manager SUBJECT: IRC BID #407 EQUIPMENT TRAILER REFERENCES: 1. DESCRIPTION AND CONDITIONS Bids were received Wednesday, February 24, 1988, at 2:00 p.m., for IRC Bid #407. 11 Invitations to Bid were sent out. 5 Bids were received. 2. ALTERNATIVES AND ANALYSIS The low bid meeting specifications was submitted by Berggren Equipment at the price of $5,580.00. 3. RECOMMENDATION AND FUNDING Staff recommends that IRC Bid #407 be awarded and that the purchase be accomplished from Berggren Equipment. Budgetary funding has been confirmed for expenditure from Utilities Services, Account Number 706-230-535-066.49. Staff requests authorization to order the trailer. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously awarded Bid #407 for an Equipment Trailer to Berggren Equipment, as being the lowest bid meeting specifications, in the amount of $5,580.00, as recommended by staff. 8 MAR 15 1988 BOOK 71 177 • (9) Public Health Unit Report for Period Ending 12/31/87 The Board reviewed letter from the Public Health Director: STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT 2525 141w AVorus VMO B*CM. F1.32950 Tm .EPWON[ 13051557.1101 SuNCoM 221.5302 February 26, 1988 FROM: Indian River County Public Health Unit SUBJECT: Report'of'Activities and Expenditures TSH: Charles.P. Balczun, Indian River County Administrator Joseph Baird, Office of Budget and Management TO: Don C. Scurlock, Jr., Chairman of the Board Indian River County Board of County Commissioners As required by Chapter 154, Florida Statutes, and the contract between the Department of Health and Rehabilitative Services and Indian River County, the attached report of the activities and expenditures of the Indian River County Public Health Unit (CPHU) for the period ending December 31, 1987.is submitted. This report is made up of the following sub -reports produced by the CPHU Con- tract Management System: 1. DE140L1. - "CPHU Contract Management Report" which compares the actual. . services and expenditures with the contract plan for the second quarter of the contract; 2. DE235L1. - "Analysis of Fluid Equities" which shows revenue for the re- port period by source and the balance in the CPHU trust fund; 3. DE250L1 - "Statement of Budget and Actual Expenditures Per Revenue Contribution Ratio": 4. "CPHU Program Service Area Variance Report" which explains variance in actualexpenditures for the report period which are greater or less than 25 percent of the planned expenditure levels. Bernard D. Berman, M.D. Director ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously accepted the Report of Activities and Expenditures for the Indian River County Health Unit for the period ending 12/31/87. COPY OF SAID REPORT IS ON FILE IN OFFICE OF CLERK TO THE BOARD. MAR 15 1988 9 BOOK 71 Fa H 178 (10) Good Life Games Indemnification Agreement The Board reviewed letter from Golf Director Komarinetz: TO: Members of the Board of County Commissioners Tf1111: Charles Balczun County Administrator FROM: Bob Kamarinetz' Director of Go DATE: February 17, 1988 FILE: SUBJECT: Good Life Games Indemnification Agreement REFERENCES: DESCRIPTION AND CONDITIONS Sandridge Golf Club will be hosting the golf portion of the Good Life Games on Thursday and Friday April 7th and 8th, 1988. Barnett Bank of Indian River County are the sponsors of this event and has asked us to sign this agreement. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the Indemni- fication Agreement with Barnett Bank of Indian River County re the 1988 Senior Good Life Games at Sandridge Golf Club. 10 BOOK 71 F'VJ'E 179 MAR 15 1988 YERO BEA04RtIRN RIVER COUNTY RECREATION eiea�th ....fol 0 1 1988 SENIOR GOOD LIFE GAMES P.O. Box 2767 Vero Beach, Florida 32961-2767 567.8351, Extension 2294 INDEMNIFICATION AGREEMENT In consideration of having persons attend and participate in the 1988 Senior Good Life Games (GAMES") at the INDIAN RIVER COUNTY premises known as Sandridge Golf Club, the COUNTY hereby agrees to hold harmless and indemnify BARNETT BANK OF INDIAN RIVER COUNTY, its related corporations, directors, officers, employees and assigns from any and all liability, claims, losses and expenses for any damage or injury, caused by the COUNTY's negligence, to the person or property of any person(s) attending or participating in the GAMES. DATED: March 15, INDIAN RIVER COUNTY , 1988 By: 6,(e/thzike, Gary . Wheeler, Vice Chairman :Board of County Commissioners (11) Report - Occupational License Taxes Collected, Feb/88 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously accepted the following report from Gene Morris, Tax Collector: 11 MAR 15 1988 BOOK 71 f'ACE ISO MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector DATE: March 2, 1988 SUBJECT: Occupational Licenses Pursuant to Indian River County Ordinance No. 86-59, please be informed that $3,239.40 was collected in occupational license taxes during the month of February 1988, representing the issuance of 141 licenses. Gene E. Morris, Tax Collector (12) Authorization to Amend Tree Protection Ordinance The Board reviered memo from Community Development Director Keating: TO: Charles Balczun County Administrator DATE: March 2, 1988 FILE: AUTHORIZATION TO AMEND THE COUNTY'S TREE PROTEC- SUBJECT: TION ORDINANCE Robert M. Keating, AICP" WK Direct•r •': ,4: Commun'ty—Development DeREFERENCES: It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their. regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS: Recently, one county commissioner suggested that the staff consider several amendments to the County's tree protection ordinance. One recommended change is simply to add trees of the Bald Cypress Family to the list of trees which are protected regardless of size. Another proposed change is more complex. It involves assessing the adequacy of tree violation penalties generally, and in particular considering a specific alternate penalty procedure for assessing mangrove violations. Cypress trees are associated with wet "swampy" areas. Cypress heads or swamps are documented as valuable natural resource areas.. Cypress head habitats are important wildlife refuge areas since they are well suited for waterfoul, wading birds, turkey roosting and water adapted reptiles and mammals. Also, many threatened and endangered species of plants and several threatened wildlife. 12 MAR 15 1988 BOOK 71 FACE 131 species are found to depend on cypress head habitats. In addition, cypress heads form a vital link with surrounding flatwoods by providing much of the breeding environment for flatwoods wildlife. This habitat is subject to periodic flooding and has severe limitations for urban development. The alternate mangrove penalty assessment method relates to principles of resource economics which involve analysis of energy production (and through further application monetary value) of wetlands systems. By incorporating this methodology in the ordinance, the penalty for illegal mangrove removal could be related to the relative value of the tree, rather than set at a maximum of $500.00 per tree. In conjunction with this analysis, the planning and legal staffs would identify and evaluate tree removal violation penalties generally. Several other tree protection issues have arisen recently and could be addressed as part of an ordinance amendment. One such issue is a discrepancy between the state and county mangrove trimming regulations. Another is understory protection in certain areas. A third is the timing and requirements for issuance of landclearing permits in wetland areas. ALTERNATIVES & ANALYSIS: Most of the activities required to amend the tree protection ordinance will not involve a substantial amount of staff time. The alternate mangrove penalty method, however, will necessitate considerable staff analysis. This is because using principles of resource economics to determine mangrove value for penalty assessment purposes is a new idea, and the application of this concept may involve a considerable amount of staff work. If workable however, this method would provide a more equitable determination of value and therefore a more appropriate penalty. Generally, the alternatives available to the Board are to authorize the request as presented, authorize a modification of the request, or deny the request to authorize. For the first two alternatives, the principal disadvantages are cost. Primarily) these costs would involve an expenditure of thirty to fifty hours of staff time plus the relatively low advertising and notification costs required for public hearings. The advantages of these alternatives are: a more equitable ordinance, an innovative ordinance, an ability for the Board to consider a full analysis of the issues before making a decision. For alternative 3, no action, the major advantage is no cost, and the major disadvantage is retaining the ordinance in its present form. RECOMMENDATION: The staff recommends that the Board authorize the staff to undertake the necessary activities to amend the tree protection ordinance. Commissioner Eggert noted we had that problem with the dune clearing on South Beach and asked if she can assume that kind of thing will be taken up and added. Director Keating confirmed that it will. Commissioner Eggert asked if someone is going to do something about taking pictures of mangroves if their intent is to go mangrove by mangrove and compare the size, and Director 13 f11AR 15 1988 11. BOOK 71 F` GE 182 Keating explained that staff is looking at this concept to see if it is a feasible way to go. They will probably be asking for some expertise and trying to get some of the people locally who are familiar with this and will report back with recommendations. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously authorized staff to take the necessary steps to proceed with amending the Tree Protection Ordinance. (13) Final Plat Approval - River Club Subdv. (Grand Harbor) The Board reviewed memo of Staff Planner Wiegers: TO: Charles Balczun DATE: February 19, 1988 FILE: County Administrator DIVIS4ION6' HEAD CONCURRENCE: Robert M. Ke/ting, ICP SUBJECT: FINAL PLAT APPROVAL FOR THE Community Develop ent Director RIVER CLUB SUBDIVISION: GRAND HARBOR THROUGH: Stan Boling Chief, Current Development FROM:Robert E. Wiegers river REFERENCES: river club Staff Planner BWIEG It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 15, 1988. DESCRIPTION AND CONDITIONS: River Club subdivision is a proposed 71 lot subdivision of a ±179.25 acre tract located between U.S. #1 and the proposed Harbor Center area of the Grand Harbor project; and is accessed from U.S. #1 by 53rd Street. The subdivision plat will cover the entire ±179.25 acre River Club tract which is part of the Grand Harbor D.R.I. The River Club tract is not part of the Grand Harbor PRD, and is being developed via a site plan for the River Club golf course, and via this final plat. The area covered by the golf course development is ±144.25 acres; the area covered by the single-family, River Club subdivision development is ±35 acres. The subject property is zoned RS -6 (Single Family Residential up to 6 units/acre) and RM -6 (Multiple Family Residential up to 6 units/acre), and has an MD -1 (Medium Density Residential up to 8 units/acre) land use designation. The proposed building density for the subdivision portion of the River Club tract is ±2.03 units/acre. 14 MAR 15 1988 BOOK 71 PAGE 183 At its regular meeting of May 14, 1987, the Commission granted preliminary plat approval The owner, River Club of Indian River, Inc. final plat approval and has submitted: 1. A final plat in conformance with the plat. Planning and Zoning to the subdivision. , is now requesting approved preliminary ANALYSIS: All required improvements have been constructed, and have been inspected and approved by the Public Works and Utilities Department. The final plat is in conformance with the approved preliminary plat:and all requirements for final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the River Club Subdivision. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously granted Final Plat Approval to River Club Subdivision (Grand Harbor) (14) Environmntl System Serv. (Frizzell Architects) Phase 11 Jail The Board reviewed memo of Budget Analyst Leila Miller: TO: Members of the Board of County Commissioners DATE: March 4, 1988 SUBJECT: ENVIRONMENTAL SYSTEM SERVICES, INC. - W. R. FRIZZELL, ARCHITECTS - PHASE II JAIL THROUGH: Joseph A. Baird OMB Director FROM: Leila Miller Budget Analyst DESCIPTION AND CONDITIONS W. R. Frizzell, Architect for the Indian River County Jail, hired Environmental System Services to perform test and balance surveys. Frizzell has now presented the County with an invoice for $4,125, of which $3,300 is due to Environmental System Services Inc. and $825 is due to Frizzell (under the terms of the contract Frizzell is entitled to a fee of 25% of the billing for obtaining an outside consultant). RECOMMENDATIONS According to H. T. "Sonny" Dean, Owner's Representative at the project, the work performed by Environmental System Services Inc. has been carried out in a satisfactory manner. Given this, staff recommends that the Board of County Commissioners approve the payment of $4,125. MAR 15 1988 15 BOOK 71 usEx.84 Commissioner Bird believed that in new buildings such as this you assume a certain amount of testing will be involved, and he asked why this wasn't anticipated and made a part of the original contract instead of being considered an extra. OMB Director Baird advised that Owners Representative "Sonny" Dean would have to answer that, and he isn't here right now. When this contract was authorized originally, the Board allowed him to make additional service requests up to about $3,500 to keep the project rolling. Commissioner Bird realized it is not a big item, but he felt we should keep a better check on it in the future as he did not want to have to pay the architect 25%. The Chairman agreed it was a bit heavy to add 25% on top; he felt it generally is 100, and Commissioner Eggert agreed. OMB Director Baird advised that factor was set out in the contract so they didn't have much choice. Commissioner Eggert hoped we will prereview the next contract, and Commissioner Wheeler advised that is being done now and they are going over it very carefully. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the payment of $4,125 as set out in staff's memo dated March 4, 1988, with the understanding that in the future we will try to get all this covered in the original contract (15) Golf Course - Request for Change in Capital Account The Board reviewed memos of Budget Analyst Miller and Goff Director Komarinetz: 16 BOOK .71 `'`:)E 185 MAR 15 1988 TO: Members of the Board of County Commissioners DATE: March 4, 1988 SUBJECT: GOLF COURSE - REQUESTING CHANGE IN THEIR CAPITAL ACCOUNT THROUGH: Joseph A. Bairde OMB Director Budget Analyst*FROM: Leila Miller DESCIPTION AND CONDITIONS Last September, the Board of County Commissioners approved $82,000 for the Golf Course's Other Machinery and Equipment account. Three mowers and grinding equipment were to be purchased with the funds. Bob Komarinetz, Director of Golf, recently reviewed this account and feels that the funds would be better applied towards different equipment. He estimated the cost of the substitute equipment at $75,400 less trade and discounts (see attached memo). RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the change in lists, as it will result in a savings of at least $6,600 for the County. TO: Board of County Commissioners DATE: February 18, 1988 FROM: Bob Komarinetz Director of Golf SUBJECT: FILE: CAPITAL EQUIPMENT ACCOUNT DESCRIPTIONS AND CONDITIONS I have reviewed the present equipment list approved last September with Golf Course Superintendent Roger Welker. We feel that we need to adjust the list in order to better meet our maintenance needs on the golf course and still fall within budget. Old List Approved September 1987 006.49 Other Machinery and Equipment Fairway Mower $52,000 Grinding Equipment 10,000 Greens Mower 10,000 Greens Mower 10,000 Total $82,000 RECOMMENDATION New List APPROX. COST 1 Greens type aerifer with tractor (for use on greens & tees) $17,000 1 Fairway mower jac w/10 blade reels 15,000 1 Tractor (Massey -Ferguson) 10,000 Slope Mowers: Steiner Diesel 9,800 Triplex Deck 6,100 Blower 500 2 Transportation vehicles 8,000 Topdresser (Metermatic Pull Behind) 6,500 Walking Greens Mower (demo) 2,500 (minus trade & discounts) $75,400 Upon approval I will prepare this list with specifications and forward it to the Purchasing Department to bid on the equipment. 17 BOOK 7a wE 186 MAR 15 1988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the change in lists as requested by Golf Director Komarinetz and set out in his memo. (16) Budget Amendment #030 - Libraries Increase in State Aid The Board reviewed memo of Budget Analyst Miller: TO: DATE: SUBJECT: THROUGH: FROM: Members of the Board of County Commissioners March 4, 1988 VERO BEACH LIBRARY/SEBASTIAN LIBRARY INCREASE IN STATE AID BUDGET AMENDMENT 030 Joseph A. Bair OMB Director Leila Miller Budget Analyst DESCRIPTION OF CONDITIONS The Vero Beach and Sebastian Libraries have received unanticipated revenue from their budgeted state aid. They expected to receive $28,148, but their contract actually granted them $35,913, an increase of $7,765. A budget amendment is needed to record this increase in revenue. One third is allocated to the Sebastian Library, two-thirds to the Vero Beach Library. Please see the attached budget amendment. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Budget Amendment #030 allocating the increase in revenue for the Vero Beach and Sebastian Libraries. MAR 15 198 18 BOOK 71 Fv,[ 1.S? TO: Members of the Board Director of Finance THROUGH: Joseph A. Baird OMB Director FROM: Leila Miller Budget Analyst SUBJECT: BUDGET AMENDMENT NUMBER: 030 DATE: March 4, 1988 Entry Number Fund/Department/Account Name Account Number Increase Decrease • REVENUE 1. Vero Beach GF/Library/State Aid General 001-000-334-710.00 7,765 0 EXPENSE 2. Vero Beach GF/Library/Books 001-109-571-035.45 4,000 0 Vero Beach GF/Library/Microforms 001-109-571-035.47 1,177 0 Sebastian GF/Library/Youth Books 001-112-571-038.11 2,588 0 (17) Budget Amendment #029 - FEMA Grant (Welfare) The Board reviewed memo of Budget Analyst Miller: TO: Members of the Board of County Commissioners DATE: February 29, 1988 SUBJECT: FEMA GRANT BUDGET AMENDMENT 029 THROUGH: Joseph A. Baird OMB Director FROM: Leila Miller Budget Analyst, DESCRIPTION OF CONDITIONS Not too long ago, Joyce Johnston, Director of Welfare, successfully obtained a grant from FEMA for the purpose of aiding welfare recipients with certain living expenses. A reading of the grant's notification form seemed to indicate a total award of $56,051, of which $54,952 would. be used for welfare recipients and $1,099 would be applied to administrative costs associated with the program (see March 1, 1988 agenda - Budget Amendment 024). When only $54,952 was received from FEMA rather than the $56,051 expected, Ms. Johnston called the agency and asked them to explain this difference. She learned from them that the total amount of the award was actually $54,952 of which $1,099 was to be used for administrative purposes. As a result of the ambiguous nature of FEMA's notification form, Budget Amendment 024 is overstated by $1,099. RECOMMENDATION Staff recommends that the Board approve Budget Amendment 029, which corrects Budget Amendment 024 by reducing revenue to the total amount actually received from FEMA. MAR 15 1988 19 BOOK 71 PGE 188 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Budget Amendment #029, correcting Budget Amendment #024 by reducing the revenue received by Welfare from an FEMA grant. SUBJECT: BUDGET AMENDMEN NUMBER: 029 DATE: February 29, 1988 Entry Number Fund/Department/Account Name Account Number Increase Decrease REVENUE 1. GF/Welfare/FEMA Grant 001-000-331-066.00 0 1,099 EXPENSE 2. FEMA Grant . GF/Welfare/Disbursement 001-211-564-037.09 0 1,099 (18) Budget Amendment #031 - Microfilm Viewer/Printer & Film for BCC Office The Board reviewed memo of Budget Analyst Miller: TO: Members of the Board of County Commissioners THROUGH: Joseph A. Baird OMB Director FROM: Leila Miller Budget Analyst DATE: March 8, 1988 SUBJECT: PURCHASE OF MICROFILM VIEWER/ PRINTER AND FILM FOR BCC - BUDGET AMENDMENT 031 DESCRIPTION OF CONDITIONS On March 1, 1988 the Board of County Commissioners approved the purchase of a microfilm viewer/printer and film for the purpose of reducing the amount of floor space needed to hold files in the Board of County Commissioners office. The attached budget amendment reflects the anticipated expense of this equipment which was approved by the Board on March 1, 1988. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. 20 MAR 15 1988 BOOK 71 F'ASE 189 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Budget Amendment #031 appropriating funds for purchase of microfilm equipment for BCC Office. SUBJECT: BUDGET AN ENDMEN` NUMBER: 031 DATE: March 8, 1988 Entry Number Fund/Department/Account Name Account Number Increase Decrease EXPENSE 1. Other GF/BCC/Contractual Services 001-101-511-033.49 6,575 0 Office GF/BCC/Funiture & Equipment GF/BCC/Reserve for Contingency 001-101-511-066.41 001-199-581-099.91 5,110 0 0 11,685 (19) Route 60 Water & Sewer Refinancing - Recommendations The Board reviewed memo of the OMB Director: TO: Members of the Board of County Commissioners DATE: March 8, 1988 SUBJECT: ROUTE 60 WATER AND SEWER REFINANCING - RECOMMENDATION FROM: Joseph A. Baird OMB Director DESCIPTION AND CONDITIONS Last month, the County received four (4) bids for the refinancing of the State Road 60 Water and Sewer bonds. Art Diamond, (the County's Financial Advisor) and County staff reviewed each candidate's proposal; the results are summarized in a letter from Mr. Diamond dated February 24, 1988 (see attached). RECOMMENDATIONS Both staff and Mr. Diamond recommend that the Board of County Commissioners consider using the lowest bid, First Union Bank, to obtain the necessary financing. In the event the County and this institution fail to reach an agreement, however, staff would like the permission of the Board to negotiate with the next lowest bidders (Barnett Bank and NCNB). 21 MAR 15 1988 i6._ BOOK 71 ocF.190 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously authorized staff to negotiate an agreement for financing with the banks in the order listed. (20) Judge Kanarek - Request for Monitor & Door Control The Board reviewed memo from Superintendent Williams: TO: Charles Balczun DATE: March 7, 1988 FILE: Administrator THRU: Perry Mattes Assistant Administrator op? lig , m i l l i ams , Supt. REFERENCES: ilding and Grounds Division SUBJECT: Judge Paul 3. Kanarek Request DESCRIPTIONS AND CONDITIONS Approximately one and a half (1') years ago a security system was installed in the Circuit Court Judges Office Suite of the Courthouse. The system requires that access be controlled by the Circuit Judges judicial assistants, who monitor the entrance area by closed-circuit television. Presently, monitors are located on both Judge Smith's and Judge Vocelle's assistants work stations. Judge Kanarek has requested that his assistants be supplied with the monitor and door control for access when the other assistants are not present. ALTERNATIVES AND ANALYSIS I have received a cost estimate from Sonitrol, the original installer and monitoring company, of $950 for the equipment and installation of the required equipment. This is a single source purchase. RECOMP•IENDATIONS AND FUNDING Staff recommends approval of purchase as requested, and that funding be provided from Coutt Facilities Fund account # 106-901-526-066.41. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved purchase and installation of the equipment requested by Judge Kanarek from Sonitrol, as a sole source, in the amount of $950. MAR 15 1988 L_ 22 BOOK 71 mrE 191 (21) Addtl. R/W Purchase - Virlyn Groves (17th St. SW) - AiTTOrome Su5. lset tion—pav ni g The Board reviewed memo from R/W Agent Don Finney: TO: Charles P. Balczun County Administrator THROUGH: 4�;/X. Ralph N. Brescia, County Engineer [r. P.E. C DATE February 26, 1988 FILE: SUBJECT Additional r/w purchase Virlyn Groves 17th Street SW FROM: REFERENCES: Donald G. Finney SRA Right of Way Acquisition Agent DESCRIPTION AND CONDITIONS Previously the Board approved and the county closed on the purchase of road right-of-way at the appraised value of $10,693 per acre. The engineers have determined additional right-of-way is needed as shown on the attached drawing. The property owner is willing to sell to Indian River County the 13,750 sq. ft. at the same $10,693 per acre appraisal price which equates to a purchase price of $3,375.35 for the .31566 acre right-of-way. RECOMMENDATION & FUNDING Staff requests authorization to purchase the additional right-of-way for $3,375.35. Funding from Impact Fee District 6. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously authorized purchase of the additional R/W described above for $3,375.35. MOVABLE FILES FOR CLERK'S OFFICE - COURTHOUSE ANNEX Ed Fry, Finance Director, came before the Board to review the following: MAR 15 1988 23 BOOK 71 FA E192 TO: The Board of County Commissioners DATE: March 8, 1988 FILE: SUBJECT: Movable Files for Courthouse Annex Office FROM: Freda Wright -- : R FERENCES' Clerk of the Circuit Court I would like to have movable files installed in the Annex Office that is being renovated. Movable files require much less space than filing cabinets and provide easier access to the court documents. It is my intention to consolidate County Court Traffic and Misdemeanors with the Circuit Felony division in the Annex Office. The court cases handled by these divisions require retention periods of 75 years for felony cases and five years for misdemeanor cases. The movable files that I would like to have installed can be acquired from United Business Systems for an approximate cost of $20,000.00. Ed Fry .has talked to Joe Baird about a funding source and advises me that Federal Revenue Sharing Funds would be available to purchase the movable files. Please authorize the purchase of the movable files from the Federal Revenue Sharing Fund. Chairman Scurlock had just one question. He wished to know if these files have been ordered already. Finance Director Fry advised that the track part had to be ordered before they put the carpets down. The Chairman asked why the Clerk would order something that has not been approved in the budget. Director Fry explained the problem was that they were starting to put the carpet in, and they wanted to put the track in first; so, he felt the Clerk made the assumption the Board would approve it, knowing that if the Board did not approve it, we would have to have them take it out and we would have to take the cost out of the Clerk's side. Chairman Scurlock reminded Director Fry that the Board meets every Tuesday, and this could have been put on a previous agenda. He felt we have to make the purchase, but he would like to have MAR 15 1988 24 BOOK 71 FADE 193 seen it budgeted for in this past year, and he would like to see this taken from the fee side. Clerk Freda Wright advised that the reason it was not budgeted in the last year was because she did not have the space in the Annex at that time nor did she know whether she would be able to get it during that time. Chairman Scurlock asked if the funds can be taken from the fee side as he felt that is where they should come from. Mrs. Wright felt there will be ample fees to turn back this year, and Director Fry stated that he may have to come back to the Board to amend the fee side of the Clerk's budget in order to be able to do this. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously authorized the purchase of the movable files requested by the Clerk, the funding to be budget. from the fee side of the Clerk's DESTRUCTION OF BOARD RECORDS The Board reviewed the following memo- from the Clerk: TO: The Board of County Commissioners DATE: March 8, 1988 FILE: SUBJECT: Destruction of Board Records FROM: Freda Wrights REFERENCES: Clerk of the Circuit Court In accordance with Chapters 119 and 125, Florida is requested to destroy the following records: 1. Sound recordings of Official Board Meetings, prepared. 2. Deposit slips from 10/1/82 to 9/30/84. 3. Check registers from 10/1/82 to 9/30/84. 4. Cancelled checks from 10/1/81 to 9/30/82. MAR 15 198 25 Statutes, permission after transcript is BOOK 71 PACE 194 5. Utility customer payment receipts from 10/1/82 to 9/30/84. 6. Cash receipts from 10/1/82 to 9/30/84. 7. Bank reconciliations/statements from 10/1/82 to 9/30/84. 8. Accounts Payable/Receivables from 10/1/82 to 9/30/84. 9. Vendor Ledgers from 10/1/82 to 9/30/84. 10. Vendor files from 10/1/82 to 9/30/84. 11. Payroll Registers from 1/1/73 to 12/31/87. 12: Retirement Registers from 1/1/45 to 12/31/79. 13. Retirement summaries from 1/1/75 to 12/31/87. 14. Surety bonds and Performance of Service bonds from Day 1 to 12/31/86. A records retention schedule has been filed with the State of Florida, Bureau of Records and Information Management, for all of the records listed above. A records destruction request has been approved by the Bureau of Archives and Records Management for all of the records listed above. Commissioner Bowman assumed the State Board of Records bases their destruction schedule upon the statute of limitations. Finance Director Fry confirmed this and advised that as part of their records management program they are going through microfilming those records with a permanent retention period or an extended retention period. Commissioner Eggert wished to know how long microfilms of the Board of County Commission Minutes are retained and was advised that the Minutes are a permanent retention and are microfilmed and kept forever. The tapes of the meetings do not have to be kept indefinitely. Administrator Balczun suggested that the sound recordings of the official meetings of the Board be retained for at least 90 days after the meeting is transcribed. Deputy Clerk Hargreaves informed the Board that presently the tapes are kept indefinitely, and we have them going back for almost ten years. We have requests for cassettes to be made from tapes fairly often, sometimes from tapes a year or two old. Discussion continued regarding the wording in the memo requesting that the sound recordings be destroyed after the transcript is prepared, and Commissioner Eggert pointed out that MAR 15 1988 26 BOOK- 71 F;.,71.95 the Records Destruction Request in the backup reads as follows: "Sound recordings of Official Minutes when transcript is Prepared (Inclusive dates - Day 1 to 12/31/85)" Finance Director Fry confirmed that actually is the time frame we are looking at right now. He explained that the retention schedule is approved by the state, but then it is necessary to go back to the Division of Archives each time you actually want to destroy something and set out exactly what it is you want to destroy. Commissioner Bird did not feel the tapes take up very much room and asked if we can retain them and approve everything else. It was noted that the quality of the tapes deteriorates after five years or so. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved the destruction of Board records as listed, including the sound recordings of Official Board Meetings from Day 1 to 12-31-85. TEFRA RESOLUTION € NOTICE (FLA. CONVALESCENT CENTERS REFUNDING OF INDUSTRIAL DEVELOPMENT REVENUE BONDS 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: MAR 15 1988 27 BOOK 71 r'sa: 196 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 W in the matter of 46 in the QCourt, was pub- lished in said newspaper in the issues of ��n /3,/q' "ou 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 pLblished 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 Rive? 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 before me this (SEAL) le (Clerk of the Circuit Court, Ind' • • ' fiver County, Florida) day of /6. nager) NOTICE ' The Board of County Commissioners o)• `i_ Indian River County, Florida, hereby pro-" vides notice of a Public Hearing ached- `, uled for 9:05 A.M. on March 15, 1988, t0 discuss ;..., i• •_, •,' ..,,;.� c;, s:Atte m. ISSUANCE OF INDUSTRIAL: DEVELOPMENT•'' BONDS • `. _ Public Notice Is hereby given that dn'Maroh-15, 1988, at 9:05 a.m., the Board of CountyCommis-' sioners of Indian River County; Florida will meet at the Indian River County Administration Build- ing, 1840 25th Street, Vero Beach, FL, .tu con- sider approval of the issuance of not exceeding 84,800.000 of industrial development revenue re- funding bonds of Indian River County ;10 • be issued for the purpose of loaning the proceeds therefrom,: or using such proceeds to refinance the acquisition, construction, and equipping of a skilled and immediate care 91 bed nursing home faciliFlorida, located Indian at River County.ero Beach. for Florida Convalescent Centers. Inc.. a Florida corpora- tion. which shall be the principal user of said Fa- cility. bondsshall The industrial re- funding payable sol from the revenues derived by Indian River County from the financing agreement it shall enter Into with Florida Convalescent Centers. Inc. or. such other, agreements as Indian River Count/ shall ap- prove, except to the extent they are payable from refunding bonds proceeds. Such refunding bonds and the interest thereon shall not consti- tute an indebtedness or pledge of the general credit or taxing power of Indian River County or the State of Florida. Issuance of the refunding bonds of Indian River County shall be subject to several conditions, including satisfactory docu- mentation, and approval by counsel as to the tax-exempt status of the interest on the refund- ing bonds. The aforementioned meeting shall be a public meeting and all personsh tmaayy heard In- terested will be given an opportunity concerning the same. Anyone who may wish to appeal any declsion which may be made at this meeting will need to' ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. February 1,9,1988 County Attorney Vitunac reviewed the following, noting that this is just to take care of a little "glitch" and our Bond Counsel has requested this. TO: Board of County Commissioners FROM: Charles P. Vitunac, County torney DATE: February 23, 1988 RE: TEFRA RESOLUTION AND NOTICE FLORIDA CONVALESCENT CENTERS REFUNDING OF INDUSTRIAL DEVELOPMENT REVENUE BONDS B.C.C. MEETING MARCH 15, 1988 To satisfy the request of the attorneys handling the closing on the refunding of the referenced industrial development revenue bonds, the County has scheduled a public hearing to discuss the attached resolution for TEFRA notice. AR 15 1988 28 BOOK 71 F'{,c 197 • This matter was previously heard and approved by the Board at its meeting September 29, 1987. It is being acted on again on March 15, 1988, in order to include the actual street address of the Florida Convalescent Center building. Passage of the attached resolution will allow the bond closing to proceed; therefore, staff recommends the Board authorize the Chairman to execute it. The Chairman asked if anyone present wished to be heard, and upon determining there were none, declared the public hearing closed. UPON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, the Board unanimously adopted Resolution 88-16 approving the issuance of Industrial Development Refunding Bonds for Florida Convalescent Centers. RESOLUTION NO. 88- 16 WHEREAS, Indian River County, Florida (the "County"), adopted Resolution 87-139 on November 24, 1987, wherein the County authorized the issuance of its Variable Rate Demand/Fixed Rate Industrial Development Revenue Refunding Bonds (Florida Convalescent Centers, Inc. Project), in the aggregate principal amount of $4,800,000 (the "Bonds"), for the purposes of refinancing the cost of.acquisition, construction and equipping of the facility owned by Florida Convalescent Centers, Inc. (the "Corporation") consisting of certain land, buildings, structures and equipment comprising a skilled and intermediate care nursing home facility (the "Project") which is located at 1755 37th Street, Vero Beach, in Indian River County, Florida, and refunding the entire outstanding principal amount of the County's $4,800,000 Industrial .Development Revenue Bond, Series 1986 (Florida Convalescent Centers, Inc. Project) (the "Prior Bond"), issued to provide initial financing for the Project; WHEREAS; the County is authorized to issue the Bonds to refinance the Project and refund the Prior Bond pursuant to the provisions of the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida °Statutes, as amended; and WHEREAS, in order to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the County held a public hearing on the proposed issuance of the Bonds on the date of adoption hereof, more than 14 days following the first 29 MAR 15 1988 BOOK 71. f'CE 198 publication of notice of such public hearing in a newspaper of general circulation in Indian River County, Florida (a true and accurate copy of the publication of notice is attached hereto as Exhibit "A"), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard with regard to both the issuace of the Bonds and the location and nature of the Project; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, is the elected legislative body of the County; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the issuance of the Bonds is hereby approved in compliance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. The Clerk is authorized to make such applications to the State of Florida,' Department of General Services, Division of Bond Finance as may be necessary to enable the County to issue the Bonds. ADOPTED this 15th day of March, 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: PUBLIC HEARING - ORDINANCE UPDATING BUILDING CODE (PLUMBING, ENERGY, MECHANICAL, ETC.) 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: NiAR 1 b 1988 30 BOOK 71 r'',GE 199 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 asZle,e;) in the matter of `��Rr/Y�./7Q in the Court, was pub- lished in said newspaper in the issues of . � &L_ /fere 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 subscribe (SEAL) day ofit D. 19 et sjness Manager) (Clerk of the Circuit Court, Ir • n River County, Florida) • The Board. of County CommissionerOTICEs sof Indian River County, Florida. provides notice of a Pub- lic Hearing scheduled for 9:05 A.M. on March 15, 1088, to discuss a proposed ordinance relat- ing to Indian River County entitled: AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA MAKING ADDITIONS, DELECTIONS AND AMENDMENTS TO ARTICLE 11114 (ENERGY EFFICIENCY BUILDING CODE);. ARTICLE V (GAS CODE); ARTICLE VING COD ARTICLE VH (MECHANICAL( PLUMCODE). ANO ARTE);I CLE VIII (HOUSING CODE), CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVID- ING FOR EFFECTIVE DATE. • 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 proceed_; Inge is made, which Includes testimony and evl-j dance upon which the appeal Is based. .f INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS .! DON C. SCURLOCK, JR., CHAIRMAN FEBRUARY 213, 1988 County Attorney Vitunac informed the Board that all the proposed ordinance does is update our technical codes by one year, which we have to do every year. The Chairman asked if anyone wished to be heard. There none, and he thereupon declared the public hearing closed. MAR 15 1988 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Ordinance 88-12 amending the County's existing Building Code to bring them up to date. 31 were BOOK 71 ['An 200 ORDINANCE NO. 88- 12 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA MAKING ADDITIONS, DELETIONS AND AMENDMENTS TO ARTICLE IIIc (ENERGY EFFICIENCY BUILDING CODE); ARTICLE V (GAS CODE); ARTICLE VI (PLUMBING CODE); ARTICLE VII (MECHANICAL CODE); AND ARTICLE VIII (HOUSING CODE), CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR INCORPORA- TION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida; SECTION 1. Section 4-31, Code of Laws and Ordinances is amended to read: Section 4-31. Standard Building Code adopted. The Standard Building Code, 1985 edition, including Appendix A, and the 1986/87 Revisions, as published by the Southern Building Code Congress is hereby adopted by reference as the Indian River County, Florida, Building Code, subject to the limitations, exceptions, and modifications set forth herein. SECTION 2. Section 4-38, Code of Laws and Ordinances is amended to read: Section 4-38. Energy efficiency building code adopted. The 19814/ bIAAAbh/ /o/f/ /t/hte Florida Model Energy Code for Building Construction published by the Governor's Energy Office for the Department of Community Affairs, Bureau of Code Standards, is hereby adopted by reference as the Indian River County, Florida, Energy Efficiency Building Code. SECTION 3. Section 4-81, Code of Laws and Ordinances is amended to read: CODING: Words in %ft0 V/Wnb/JL' type are deletions from existing law; words underlined are additions. 32 f : R 15 1988 BOOK 71 WI 201 Section 4-81. Standard Gas Code adopted. The Standard Gas Code, 1985 edition, 1986/87 Revisions, as printed by the Southern Building Code Congress, is hereby adopted by reference as the gas code of Indian River County, Florida, with such modifications as hereinafter set forth. SECTION 4. Section 4-91, Code of Laws and Ordinances is amended to read: Section 4-91. Standard Plumbing Code adopted. The standard Plumbing Code, 1985 edition, 1986/87 Revisions, as printed by the Southern Building Code Congress, is hereby adopted by reference as the plumbing code of Indian River County, Florida; with such modifications as herein set forth. SECTION 5. Section 4-101, Code of Laws and Ordinances is amended to read: Section 4-101. Standard Mechanical Code adopted. The Standard Mechanical Code, 1985 edition, 1986/87 Revisions, as printed by the Southern Building Code Congress, is hereby adopted by reference as the mechanical code of Indian River County, Florida, with such modifications as herein set forth. SECTION 6. Section 4-106, Code of Laws and Ordinances is amended to read: Section 4-106. Standard Housing Code adopted. The Standard Housing Code, 1985 edition, 1986/87 Revisions, is hereby adopted by reference as the housing code for Indian River County, Florida, with such modifications as may be set forth by the Board of County Commissioners by ordinance. 33 MAR 15 1988 BOOK 71 FACE 202 SECTION 7. Conflicting Provisions. Special acts of the Florida legislature applicable only to unincorporated areas of Indian River County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 8. Severability. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 9. Incorporation in Code. This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 10. Effective Date. This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 15th day of March , 1988. This ordinance was advertised in the Vero Beach Press -Journal on the 26th day of February , 1988, for a NAR 15 1988 34 BOOK 71 Pa _,t 203 public hearing to be held on the 15th day of March 1988, at which time it was moved for adoption by Commissioner Eggert Bowman vote: , seconded by Commissioner and adopted by the following Chairman Don C. Scurlock, Jr. Vice Chairman Gary C. Wheeler, Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Aye Aye re ye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Vice ha'i ri ASSESSMENT ROLL & AWARD OF CONTRACT - WATER SYSTEM IMPROVEMENTS BREEZEWOOD PARK, LITTLE PORTION & SUNNYDALE SUBDV. 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: BAR 15 1988 35 Booz 71 FAT 204 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida RUNTY 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 in the matter of �L) 7'/4' RECEIVED MAR 0 Li 1988 in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at _ do 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 before e this day of e •D• 19 re A 1 4.ysi.aiiK�1J,. . of siness Manager) (SEAL) (Clerk of the Circuit Court, I ian River County, Florida) The Board reviewed Utility staff memo: PUBLIC NOTICE A Notice is hereby given that the Department of Utility Services will hold an Informational Meet- ing on Tuesday, March 8th, 1988 at 7:30 PM, In the Commission Chambers.' The Board of Commissioners Indian River will tod a PublicHearing onuesday, March 15th, 1988, at 9:05 AM, in the Commission Chambers of the County Administration Build- ing, 1840 25th Street, Vero Beach, Florida, to discuss the WATER IMPROVEMENTS TO 71ST AVENUE AND 71ST COURT, SOUTH OF STATE ROUTE 60 that have been prepared by the County's consultant, Masteller & Moler Associ- ates, inc. The improvmeMs are for a Potable Water Distribution system and tire protection. Copies of the pians will be available at the Infor- mational Meeting for review as well as at the De- partment of Utility Services office during normal working hours atter February 15, 1988. All inter - ed parties are invited to attend the Informa- tiotnal Meeting as well as the Public Hearing, and all persons wishing to speak will be given an op- resentation portunity • the�coonsultto do antoFor ladditionat information, contactIndian River ment at 567-8000, extension 4f, orMs-Rowe a Sommers at Masteller & Moler Associates, Inc. at 0. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN WATER IMPROVE- MENTS TO BREEZEWOOD PARK, UT - TLE PORTION, AND SUNNYDALE ACRES SUBDNISIONS, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESS MENTS, ANNUAL IN- STALLMENTS,BER AND OFANDDESCRIP- - TION OF AREAS SPECIFICALLY SERVED. Dated the 15th day of February, 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY DON C. SCURLOCK, JR.. . CHAIRMAN February 11, 18, 25;1988 TO: THRU: TERRANCE G. PINT DIRECTOR OF UTIL T -SERVICES FROM: CHARLES P. BALCZUN COUNTY ADMINISTRATO JOHN FREDERICK LANG ENVIRONMENTAL SPECIA IST DEPARTMENT OF UTILITY SERVICES DATE: FEBRUARY 4, 1988 SUBJECT: 71ST AVENUE & 71ST COURT - WATER SYSTEM IMPROVEMENTS BREEZEWOOD PARK, LITTLE PORTION, AND SUNNYDALE SUBDIVISIONS IRC PROJECT NO. UW -87 -20 -DS BACKGROUND The Board of County Commissioners in their meeting of September 15, 1987 approved the preparation of detailed cost estimates for engineering and construction, the work authorization for engineering, and a preliminary assessment roll. The Department of Utility Services has had engineering plans drawn up by the firm of Masteller & Moler Associates, Inc. 36 MAR 15 1988 BOOK 71 Fa,E 205 • Included in the plans were firm cost estimates for construction totalling $113,000.00. The Department of Utility Services wishes to proceed with the project by adoption of a Resolution. ANALYSIS The bids for the project have been opened and the low bid was $99,977.50 made by Tri -Sure Corporation. This company and the bid have been approved by the consulting firm of Masteller & Moler Associates, Inc. The total estimated project cost for use in the preliminary assessment roll is $126,080.00 at a cost of $1,970.00 per connection. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners authorize awarding the bid to the low bidder, Tri -Sure Corporation, and execute the contract documents for the subject project. These documents will be forwarded under separate cover. Chairman Scurlock noted that this is his neighborhood; he lives at 1656 71st Court; and he asked the Attorney if he should vote on this issue or not. Attorney Vitunac recommended that Commissioner Scurlock do vote since this is not anything relating to a personal financial gain, and he has let it be known that he does live in this neighborhood. Asst. Utilities Director Jeff Barton advised that this project was before the Board on September 15th, at which time the Board authorized staff to go ahead with the design, bid the project, and go through the workshop hearings. He informed the Board that they held a public meeting with the individuals involved on March 8th between 7:30 and 9:30 P.M. in the Commission Chambers and reviewed the project. Mr. Barton explained that staff is proceeding a little bit differently than they have in the past with such a project. Usually they have worked based on estimates, and this is the first time they actually have the hard costs. The project has been bid; there were four bidders, and the low bid came in tower than the engineer's estimate. The majority of the costs are known - the total cost of the project as proposed and bid is $126,060, which includes the low bid of $99,977.50 plus engineering costs, inspection fees, reserve for contingencies, 37 MAR 15 1988 NOOK 1 FADE 206 etc. If we go on to the Board of Equalization with the assess- ment roll, we cannot exceed that figure. Mr. Barton continued that at the meeting last Tuesday some changes were suggested by the public which they have instituted because the information they sent out included only the proposed assessment of $1,910 per parcel for the line extension and did not explain that once the line was in place it was going to cost them another $1,295 to connect on. Chairman Scurlock believed all that information should be included in a cover letter next time, and Asst. Director Barton reported they are trying to be more effective in the paperwork they send out, and they are sending out a letter today spelling out all the costs involved. Commissioner Wheeler wished to know if there is a reason the Board doesn't have any material on the bidders, and Mr. Barton thought it had come to the Board. He advised there were four bidders, and Tri -Sure Corp. was the low bidder. Commissioner Eggert asked if all utility projects have the state required 5% contingency the same as the Library and the jail, and Asst. Utilities Director Barton advised that while they don't have a state required minimum, they allow for a 10% contingency on their construction projects mainly because of what has happened in the past with working on estimates. Chairman Scurlock asked about the percentage of people in favor of the project. Asst. Director Barton explained that there was a petition at one time, but it was just for a part of the total project that is being done now. One thing that helped this project come to fruition was when Lake in the Woods Subdivision brought the major transmission line over from the north side of SR 60 and these other subdivisions then had available and were saved the $200,000 cost to jack and bore under the highway. The Chairman determined that no one further wished to be heard and thereupon declared the public hearing closed. MAR 15 1988 38 BGOK 71 PAA 207 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously adopted Resolution 88-17 approving the assessment roll for Lots 1-24 Breezewood Park; Lots 1-32 Little Portion Subdv.; and Lots 1-25 Sunnydale Acres Subdv.; and awarded the bid to the low bidder, Tri -Sure Corporation, in the amount of $99,977.50. RESOLUTION NO. 88-17 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN WATER IMPROVEMENTS TO BREEZEWOOD PARK, LITTLE PORTION, AND SUNNYDALE ACRES SUBDIVISIONS, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DES- CRIPTION OF AREAS SPECIFICALLY SERVED. WHEREAS, the Indian River County Utilities Department has received requests from owners of property in the areas to be specifically benefitted, requesting water improvements within the Breezewood Park, Little Portion and Sunnydale Acres Subdivisions on 71st Avenue and 71st Court; and WHEREAS, conceptual design work including cost estimates have been completed by the Department of Utility Services and their contracted engineering consultant, Masteller & Moler Associates, Inc.; and WHEREAS, the total estimated cost of the proposed water improvements is $126,080.00; and WHEREAS, the lowest bid was $99,977.50 for the construction of the water main from Tri -Sure Corporation; and WHEREAS, the special assessment provided hereunder shall be an equal proportion of 100% of the cost of the project, less adjustments by the Department of Utility Services, for each given record owner of property within the specific area benefitted, and on which a residence is located or capable of being located, and shall become due and payabletat the office of the Indian River County Department of Utility Services ninety (90) days after the final determination of the special assessment pursuant to Ordinance No. 81-27; and MAR 15 1988 39 BOOK 71 fA [ 2O8 WHEREAS, all special assessments not paid within said ninety (90) day period shall thereupon become payable in equal installments in each of the succeeding five years with interest established at 12% from the date of Final Assessment, payable annually; but any assessment becoming so payable in installments may be paid at any time together with interest accrued thereon to date of payment; and WHEREAS, after examination of the nature and the anticipated usage of the constructed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: LOTS 1-24 of BREEZEWOOD PARK; LOTS 1-32 of LITTLE PORTION SUBDIVISION; and LOTS 1-25 of SUNNYDALE ACRES SUBDIVISION. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and satisfied in their entirety. 2. The project providing for water improvements on 71st Avenue and ,71st Court south of State Route 60, heretofore designated as Indian River County Department of Utility Services Project Number UW -87 -20 -DS;, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Eggert , who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Gary Wheeler Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of March , 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA IVIAR 15 1988 40 . W+lheeler, Vice Chairman ��n BOOK / ._ fA;r X.11.4. Notice of Award TO: NOTICE OF AWARD CoRPoRATi ) e. o. Pox veuk 663 I FL_ 338 23 PR ECT Description: 7l 3.1 'tF ) 7/ It C Gt', M( 1411 id nJi f NSA 0 . '- R c �z a,(FCT Q0. C(i -1)s The OWNER has considered the BID submitted by you for the ab desc ibed WORK in response to its Advertisement of Bids dated ' Jq�v� ) K described 191a, and Information for Bidders. You are here no i ierdO that your BID has been accepted for items in the amount of 8 . You are requited by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND,"Payment BOND and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF, AWARD to the;.OWNER.Q ,,/ p Dated this -/ day of tit/ RCP 19 S8 . (Owner) 10 1AA) QWQR' o 'TY WA/ los £»/7 By: ' 4f (1/ / /11 d Title: b►REcTa C.4 SeRVicES ACCEPTANCE OF NOTICE Receipt of the above NOTICE�OF AWARD is hereby acknowledged by //2.z 5cl/t.. (�/r.� Oil this the By: Titi 4 Aot.ei MAR 15 1988 41 , 19 r/G BOOK. 71 w3E210 NOTICE TO PROCEED To: ./R/ CORN/1/i7,000 P�. gox 6,53 i4liadpa1 bite 1 k s38) Date: 3/15/3g Project: TRL eaoiFCT 130. U6t187-90-b-S e7/14 /-+UPN t E 71 S4 (-647 S -c e1 , l S.N3o GZJh -r/? 01-1Ai0 fki r'ouS/NO You are hergky notified 5 to commence WORK in accord nce with the 1greeiefoent dated //��l! , 19 GS, on or before RI L. 0; and you are to complete the WORK within < calendar days thereafter. „Tell date of completio/ of all coWORK utis, therefore, the 1(1 day of j IL , 19 ZS ACCEPTANCE OF. NOTICE Receipt of the above NOTICE TO PROCEE'. s hereby ac by Ar4t)?/.1., the . Z S may of 11/044, by t\AMcS N . C NAtt,a&Qs (Owner) /0 Auk Bygifi6 / ,#9 /1() Title: bl4C i o Q Title: • 0r ADDENDUM #1 JT7' Ur/ L1T/(s 1fP7 VI" r1.) %CVic INDIAN RIVER COUNTY PROJECT #UW87-20-DS POTABLE WATER MAIN . BREEZEWOOD PARK SUBDIVISION TO ALL BIDDING CONTRACTORS: Please be advised that the following additions, revisions, and/or amendments have been made to the Contract Documents as noted: SPECIFICATIONS 1. Article 1.9.11. Florida (5%) Sales Tax; has been deleted. 2. Article 1.10.1. Form of Proposal; Has been amended to delete item number 18. "Florida Sales Tax as applies to this Contract" sad has been amended to read "The above "Total Amount Bid" for items #1 through - #17 shall be the basis of award of the Contract .." Please indicate receipt of this notice by completing the bottom portion of this notice and returning a copy to Masteller & Moler. Associates, Inc., Post Office Box 781045, Sebastian, Florida 32978-1045. You are requirdd to include an executed copy of this notice with your submitted bid. 42 MAR 15 1988 BOOK 71 F iE 211 ADDENDUM *1 Received and considered by: Name of Bidder (Please Print): Tri -Sure Corporation Name of Bidder's Representative: Signature of Bidder' Representative: Titles James H. Chambers lease Print) Prpsi Date: Jan .1 .1. Fora+ of Agement ( Cont' d ) IN WITNESS WHEREOF, the parties hereto have executed this agreeme day and year first written above. Signed and sealed by the Contractor in the presence of: By:,..irg�.u.e, ,.,, ' NOTARY POILIC STATE OF FLORIDA MY COMMISSION EXP. NAY 4, 1991 IDfl 2 TNRU GENERAL INS. VW. Signed and sealed by the Owner in the presence of: By s agtOlaeeleA. 6 &MAILr1 ' PC Not ed and Ap rea- (Contractor) Attest: (Seal) INDIAN RIVER COUNTY (Owner) :)"'s 46"2-66' Don Scurlock, Chairma Attest::iZ� 7�1J/Z4 4 Fr da Wright, n y. EW Q (Seal) ,. . ////i / ,i�2I r = er 'int • , Director By: Ut lity Services Department es Ba 1�c3.c�n ty Administrat I BY: (od C�.tAd • Jo eph/Baird D actor of Budget Department This foregoing Contract Agreement is in correct form according to law and in hereby approved: Charles Vitunac, County Attorney CONTRACT WITH TRI -SURE CORPORATION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 43 MAS 15 1988 BOOK F'!,;7. 212 JULY 1987 COMPREHENSIVE PLAN AMENDMENT APPLICATIONS 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 -JOUR 04618 9101,/x! Published Daily rye T Vero Beach, Indian River Coun..LFIor*J�R19O r :n : ^ECrlt/L'0 isl 4 •sari.. rily .:1%74•iRIVER STATE OF FLORIDA aT G�;:•loprrl,.nJ:ppear. SLLw . P r. wri :ersigned authority aropersonatly fe88.J tai our •e38 Manager anRivea erof t' FI/orro Beachthe attache. tlaHrlykk neY.spapa,1, . 'gt e4�,V • illi shed being in the matter of lA> S2 G� G it LL/.151— in the . _ Court, was Pub. .taper m the .ssues of • nays that the said Vero Beach PressJournal rs a newspaper published at .1 Indian River County. Florida. and that the said newspaper has heretofore ;. nb;ished said Indian River County. Florida. each daily and has been c ass ter at the st off ice m Vero Beach. in Ind ••r..,d an River of one yeto year next preceding ng the lust publication of t e attached tp c uof .orcins Wither says that he has neither paid nor promised any raison. lam . discount. rebase commission or refund for the purpose of securing this pabbCal.on in the sauf newspaper. +hday of i Y later• ems Were alhi/ A.D. 19 I' u as N. nagert 1t iii Peri •os Irie Circblt Crlun. India Rive�County, Florida) MAR 15 1988 NOTICE OF CHANGE OF .LAND USE . , IV" W�� Mik,S C'.7 1 1 C ,`\volitlfvo • t• . i`! nTiiy.y.i 1 -ryv Vit r iUr ieoniegNa/rer!r_... The Board of County Carrs mis iionms of brims River County, Florida, will consider the adoption of an ordinance to change the use of land within the unincorporated portions of Indian River County as shams In the maps of this advertisement, as well as to amend the text of specific &entertls of the Comprehensive Plan. Proposals will be held on Tuesday, March 15, 1988, at 9:05 a.m. in the County Commission Chambers of the County Ad minishatianAtuitd•+rhg, located of 1840 25th Street, Vero Beach, Florida. At this public hearing the Board of County Commissioners will consider adoption of these amendments to the County's Comprehensive Plan. The proposed amendments -am included in a proposed on%togpsntitted, AN ORDINANCE OF INDIAN RIVER COtiV11f, FLORIDA, AMENDING THE LAND USE AND TRANSPORTATION ELEMENTS' OF THE. COMPREHENSIVE PLAN: ENLARGING THE COMMERCIAL/INDUSTRIAL NODE AT C.R. 512 AND 1-95 FROM 650 ACRES TO 665 ACRES, ENLARGING THE COMMERCIAL NODE AT OSLO ROAD AND 27TH AVENUE FROM 58 ACRES TO 60 ACRES, ENLARGING THE COMMERCIAL/INDUSTRIAL NODE AT 051.0 ROAD AND 74TH AVENUE FROM 450 ACRES TO 690 ACRES, ENLARGING THE S.R. 60/1-95 COMMERCIALLINDUSTRIAL NODE FROM 650 ACRES TO 790 ACRES, REDESIGNAT1NG 145 ACRES SOUTH OF 69TH STREET AND EAST OF THE LATERAL "O" CANAL FROM LD -2 TO 1.0-1, ESTABLISHING A MIXED USE DISTRICT ON THE EAST SIDE OF U.S. 1 FROM A POINT SOUTH .09 35TH STREET SOUTH OF THE VERO BEACH CITY LIMITS, ESTABLISHING AN LD -2 LAND USE DESIGNATION FOR THE RIVER EDGE . SUBDIVISION RECENTLY DEANNEXED FROM THE CITY OF SEBASTIAN, AMENDING , THE NOMENCLATURE OF ROADWAY FUNCTIONAL CLASSIFICATIONS OF THE COUNTY THOROUGHFARE PLAN, ADDING 43RD AVENUE BETWEEN 69TH STREET AND 77TH STREET AS •A SUBDMSION COLLECTOR STREET TO THE THOROUGHFARE PLAN, ADDING 2ND STREET BETWEEN 20TH AVENUE AND OLD DIXIE HIGHWAY AS A SUBDIVISION COLLECTOR STREET TO THE THOROUGHFARE • PLAN, CHANGING THE FUNCTIONAL CLASSIFICATION ON THE THOROUGHFARE PLAN FOR 73RD STREET EAST OF U.S. 1 FROM A SECONDARY COLLECTOR STREET TO A SUBDIVISION COLLECTOR STREET= AND PROVIDING FOR CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Interested parties may appear and be heard at the public hearing regarding the transmittal of these proposed Comprehensive Plan amendments. The plan amendment application may be inspected by the public at the Community Development Division offices located on the second floor of the County Administration Building located at 1840 25th Street Vero Beach, Florido, between the hours of 8:30 a.m. and 5:00 p.m., on weekdays. • • • Anyone who may wish b appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal will be based. Indian River County Board of County Commissioners By: -s• Don C. Scurlock, Chairman 44 KOK 71 FAH 213 Community Development Director Keating reviewed the following: TO: Charles P. Balczun DATE: March 3, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: -- �,�.% JULY 1987 COMPREHENSIVE Ro ert'fM Keat ng AI' SUBJECT: PLAN AMENDMENT APPLICATIONS Community Develop ent Director THRU: Gary Schindler %l Chief, Long-Range ��..Planning oolann� FROM: staff Plannevid r, It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS The Community Development Division received two Comprehensive Plan amendment applications in July of 1987 and initiated ten amendment applications, three at the request of the Public Works Division. The staff has reviewed these amendment applications and made recommendations to the Planning and Zoning Commission which, sitting as the Local Planning Agency, held public hearings on September 10, 1987, to consider making recommendations on the proposed amendments to the County's Comprehensive Plan. In 1986, the State Legislature revised the local government Comprehensive Plan amendment procedure. The process now requires the first public hearing by the Board of County Commissioners to be held prior to the transmittal of each request to the State Department of Community Affairs (DCA) for a mandatory ninety -day review period. At that public hearing, the Board has the option of transmitting or not transmitting any or all of the proposed amendments to the State for review. Failure to authorize transmittal of any proposed amendment constitutes denial of that request; however, transmittal of an application does not indicate Board approval of the request. On October 27, 1987, the Board of County Commissioners reviewed these requests for consideration to transmit each request to the DCA for review. The Board approved 8 of the 10 for transmittal. Denying transmittal of two of the 10 requests constituted an automatic denial of these requests and the concurrent rezoning requests which accompanied them. All the comments from DCA have been received. The Board of County Commissioners must now consider the proposed amendments for final action. At the close of these final hearings, the Board may adopt all, part of, or none of the proposed amendments to the Comprehensive Plan. The attached flow chart illustrates the Comprehensive Plan Amendment process as amended by the 1986 state planning legislation. In order to approve each request it will be necessary for the Board of vote on each of the Comprehensive Plan amendment applications individually. Three affirmative votes are required for approval. 45 MAR 15 1988 DooK 71 F'" 214 ALTERNATIVES & ANALYSIS These amendments are to the Comprehensive Plan and associated Land Use Map. Because of this, the staff feels that the best method of approval is through one ordinance containing all amendment requests. This ordinance is attached to this item. Once all public hearings have been completed, the Board should motion and vote to approve the attached ordinance in its entirety if all amendments are approved, or in part if any amendments are denied. Further, it will be necessary to amend the land use for those parcels with accompanying concurrent request for rezoning. Becase the new land uses should be in place prior to final action on the concurrent rezonings, it is recommended that action on these rezonings be delayed until the attached ordinance has been formally acted on. RECOMMENDATION Based on the above analysis, staff recommends: 1. Action on concurrent rezonings be delayed until formal action has been taken on all land use amendments; and 2. That the Board of County Commissioners approve the attached ordinance amending the Comprehensive Plan and related Land Use Map as presented. Director Keating explained that the proposed ordinance covers all the proposed Comp Plan amendments and should not be adopted until after all those amendments are considered and acted on, at which time all those approved will be included in the ordinance. Director Keating further noted that the Comp Plan changes must be considered before the related rezonings can be acted on, and the ordinances for the rezonings which are approved will be adopted after the overall Comp Plan amendment ordinance is adopted. The Chairman asked if we will just keep the public hearing open throughout the consideration of the various proposed Compre- hensive Plan amendments, and the County Attorney confirmed that could be done. The Chairman thereupon opened the public hearing on all the proposed Comprehensive Plan amendments. MAR 15 1988 46 BOOK 71 ME 215 AMENDMENT TO TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN Director Keating reviewed staff recommendation: TO: Charles P. Balczun County Administrator DIVISION HEAD CONCURRENCE: Ro ert M. It ng,/XICP SUBJECT: Community Development Director THRU: Gary Schindler //WI Chief, Long -Range Planning eri J. Boudreaux LA* FRO"Staff Planner, Long-Range P E+9 ENCES: DATE: March 3, 1988 FILE: AMENDMENTS TO THE TRANS- PORTATION ELEMENT OF THE COMPREHENSIVE PLAN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS The Planning and Public Works Divisions are requesting an amendment to the Transportation Element of the Comprehensive Plan amending the Thoroughfare Plan as follows: (1) Changing the functional classification nomenclature for roadways on the Thoroughfare Plan and developing an additional map for the new subdivision collector roads. The proposed changes to the nomenclature are as follows: Existing Classification Arterial Primary Collector Secondary Collector Proposed Classification Principal Arterial Minor Arterial Collector Subdivision Collector The Public Works Division has also requested the following amendments to the Thoroughfare Plan: (1) Adding 43rd Avenue as a subdivision collector road between 69th Street and 77th Street; (2) Adding 2nd Street as a subdivision collector road between 20th Avenue and Old Dixie Highway. In addition, the staff has received an application requesting that the Thoroughfare Plan be amended as follows: (1) Reclassifying 73rd Street, east of U.S. Highway #1 to the Indian River, from a secondary collector to a subdivision collector. In addition, the staff proposes to re-classify 73rd Street between Old Dixie Highway and the Indian River from a secondary collector to a subdivision collector. = The Transportation Planning Committee approved 5-0 these requests as presented at their September 9, 1987 meeting. Also, on September 10, 1987, the Planning and Zoning Commission voted 5-0 to approve these requests. MAR 15 1988 47 BOOK 71 FA E 218 On October 27, 1987, the Board of County Commissioners voted unanimously (4 to 0) to approve the transmittal of this comprehensive plan amendment request to the Florida Department of Community Affairs (DCA) for a required 90 day review period. On January 20, 1988, the Planning Department received comments from DCA relative to this comprehensive plan amendment application. The DCA's comments on this request are as follows: "Our review of the proposed amendments to the Transportation Element of the comprehensive plan indicates that they are consistent with the provisions of Section 163.3177, Florida Statues, which were in effect prior to October 1985." The Treasure Coast Regional Planning Council and the Florida Department of Transportation had no comments on this comprehensive plan amendment. ALTERNATIVES & ANALYSIS The proposed changes to the functional classification nomenclature for roadways on the Thoroughfare Plan are requested in order to provide a better description for the actual function of the roadways, to be consistent with the Federal Highway Administration (FHWA) classifications, and to designate a new class of road called subdivision collector. The requested addition to the Thoroughfare Plan of 43rd Avenue between 69th Street and 77th Street as a subdivision collector is proposed in order to ensure access to individual parcels of property in the area. Also, 43rd Avenue is necessary to provide proper access for proposed future development in the area. Adding 2nd Street between 20th Avenue and Old Dixie Highway as a subdivision collector is proposed due to the fact that this street is functioning and is designed as a subdivision collector at the present time. The re-classification of 73rd Street, east of U.S. Highway #1 to the Indian River from a secondary collector to a subdivision collector has been requested by the applicant. The staff proposes extending the request to include the area east of Old Dixie Highway to the Indian River due to the fact that 73rd Street between 58th Avenue and Old Dixie Highway has previously been deleted from the Thoroughfare Plan to accommodate the County's Sandridge Golf Course. Also, 73rd Street east of U.S. Hwy. #1 does not serve a large enough area of land to generate traffic volumes demanding a secondary collector road. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation and the Transportation Planning Committee's recommendation, staff recommends approval of these changes to the thoroughfare plan as an amendment to the Transportation element of the Comprehensive Plan. Director Keating advised that the only advantage to having a subdivision collector is to keep driveways on the roads of lower functional classification. Commissioner Bird asked if Director Keating was sure they have the right streets. He noted that 69th Street is North Winter Beach Road, and he believed 77th goes through Sandridge Golf Course and right through Hobart Park. 48 MAR 15 1988 BOOK 71 F[217 Director Keating referred to Attachment 2, and advised that goes (through the Mooney property and would be east of the golf course: MAR 15 PROPOSED Indian River County _ 'i'll Thoroughfare Plan r. . elf ' N\ • o'llik Minor Art•rial 1 44° ' ill stlj : ;.1: ‘ \E.'‘ 1 4:411/4 PROPOSED r i CHANGE , 111111111111 11111 111 1 1111111111 St Ih St • Commissioner Bird noted that the Mooney property is south of 69th Street, and he believed staff's description is wrong. Director Keating stated he will have staff check on this. The Chairman asked if anyone wished to be heard, and there were none. It was agreed to table further discussion until staff could check the road description. In the interim the Board considered amending the Comp Plan to enlarge the Oslo Road & 27th Ave. Commercial node, which action is included in the Minutes following conclusion of consideration of the Transportation Element. 988 49 ROOK 71 218 Discussion resumed in regard to adding 43rd Avenue as a subdivision collector road between 69th Street and 77th Street, and Director Keating confirmed that the correct location of the road being discussed is from 69th St. to 77th St. and it is east of the golf course. Commissioner Bird continued to express concern about a proposed road that would bisect the plans they are presently developing for Treasure Ridge Golf Course which lies east of Sandridge. He pointed out that on 43rd Avenue everything runs at a diagonal to U.S.I, but where it intersects at Hobart, it runs into Old Dixie. The address of Treasure Ridge Golf Course is 4415 77th St; 43rd Avenue would be east of them; and Commis- sioner Bird did not feel there is any room between the Hobart plant and the railroad tracks for a road. The Board referred to the map, and Engineer Orr stated that the road will come in right at the line between the grove and the scrub land and will bend with the property line; however, there was still confusion about the exact location. Commissioner Eggert suggested tabling action on this until next week, but Director Keating advised that action has to be taken at this meeting in order to meet the Comprehensive Plan amendment timetable. Chairman Scurlock was mainly concerned as to what the impact might be on the county golf course. Commissioner Bird did not believe it would have any effect on Sandridge but was concerned about the possible effect it might have on Treasure Ridge Golf Course and questioned the demand for a road at this location. Staff advised there was a request made by someone who wants access to develop industrially in this area, and they went on to give a detailed description of the existing and proposed industrial development in this area, explaining that the way the Russell Concrete site accesses cemetery Road now is by using an 50 MAR 15 1988 BOOK 71 FADE 219 easement through another person's property. Adding 43rd Avenue as a subdivision collector road between 69th and 77th Streets would provide a consolidated access point for all the properties in the area and also there is the possibility the Cemetery Road railroad crossing could be swapped at some time down the line for somewhere where we need a major crossing. Commissioner Bird still wished he could actually see a clearer alignment, but did not believe he was opposed to what is proposed. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved staff's recommendation for amendments to the Transportation element of the Comprehensive Plan. Said amendments will be included in the overall ordinance adopted when all Comprehensive Plan amendments have been acted on. AMEND COMP PLAN TO ENLARGE OSLO ROAD & 27TH AVE. COMMERCIAL NODE & REZONE APPROX. 2 ACRES (COUNTY -INITIATED) 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: MAR 15 1988 51 BOOK 71 WE 220 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 in the matter of 0176, l_O' in the Court, was pub- lished in said newspaper in the issues of r d /9v a 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 rore a thi (SEAL) (Clerk of the Circuit Court, Inch n River County, Florida) 'NOTICE — PUBUC HEARING ° Notice of hearing initiated by Indian River County to consider the adoption of a County or-. dinance . rezoning land from: RM -8, Multiple - Family Residential District to CL, Umited Cont- mercial District. The subject property Is located• on the east side of 27th Avenue and south of 5th Street S.W. The subject property is described as :`. ,The north 285.64 feet of the following ,. ,. •,'described parcel, :. • . _; • - A parcel of land situate In Tract 12; o- Se tion 23, Township 33 south, Range 39 • east, 'according to Indian River Farms. Company Subdivision. as recorded In Plat Book 2. Page 25, of the Public Records of SL Lucie County, Florida; ,:s• said lands now lying and being In Indian • River County, Florida more particularly • described as follows: . ` Commencing at the northwest corner of • said Tract 12, proceed S 00°00'00" E 'along the west line of Tract 12 a dis- tance of 30.08 feet; thence N 89°4813" • E along the south right of way line for In- dian River Farms Drainage District Canal ' E-7 (30' wide) a distance of 25.00 feet to the Point of Beginning; thence proceed 11 N 89°48'13" E along Indian River Farms . Drainage District Canal E-7 south right 4• • of way line a distance of 304.98 feet ' •,•. thence S 00°00'07": E a 'distance of 1299.25 feet to a point on the south line , • • of Tract 12; thence S 89°45'48" W along ' the south Inc of Tract 12 a distance of 305.00 feet to a point on the east right of way line of 27th Avenue; thence N 00°00'00" E along said east right of way • • line a distance of 1299.46 feet to the . Point of Beginning. 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 of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Tuesday, March 15,1988 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 testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: -s -Don C. Scurlock, Chairman Feb. 22, 1988 .• . Planner David Nearing made the staff presentation: 52 iMAR 15 1988 BOOK ,E 221 TO: Charles P. Balzcun DATE :February 24, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: ((PCP P SUBJECT: opm Director THRU: Gary H. Schindler irt, Chief, Long -Range Planning Robert M. Loeper b(L FROM: staff Planner, Long-RangIREl i ES: COUNTY INITIATED REQUEST TO AMEND THE COMPREHEN- SIVE PLAN TO ENLARGE THE OSLO ROAD AND 27TH AVE COMMERCIAL NODE FROM 58 TO 60 ACRES AND REZONE APPROXIMATELY 2 ACRES It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS The County is initiating a request to amend the Comprehensive Plan by redesignating 2 acres from LD -2, Low Density Residential 2 (allowing up to 6 units/acre), to Commercial, and to rezone from RM -6, Multiple -Family Residential District (up to 6 units/acre), to CL Limited Commercial District. This application is considered a request to enlarge the Oslo Road and 27th Avenue node from 58 to 60 acres. On October 21, 1986, the Board of County Commissioners voted to approve the enlargement of the Oslo Road and 27th Avenue node from 50 to 58 acres and extend the boundaries to 5th Street S.W., which included the subject parcel, and directed the staff to transmit the request to the State Department of Community Affairs. On February, 17, 1987, the Board of County Commissioners approved the comprehensive plan amendment and rezoned the subject property from RM -6, Multiple -Family Residential District (up to 6 units/acre) to CL, Limited Commercial. However, it was determined that it was only possible to act on 7.1 acres, and the remaining 2 acres of land were deleted. At that time the staff was instructed to initiate- proceedings to enlarge the 'node to include the remaining 2 acres. On September 10, 1987, the Planning and Zoning Commission, voted unanimously to recommend the enlargement of the node by 2 acres, and the rezoning of 2 acres from RM -6, Multiple -Family Residential District (up to 6 units/acre) to CL, Limited Commercial for inclusion in the node. On October 27, 1987, the Board of County Commissioners voted 4-0 to authorize staff to transmit the proposed land use amendment to the state for review. On January 13, 1988, the Planning Department received from the State of Florida Department of Community pursuant to section 163.3184, Florida Statutes. There comments regarding this action. comments Affairs, were no 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. 53 WAR 15 1988 BOOK 71 F :,E 222 Existing Land Use Pattern The subject property is presently undeveloped. There is vacant land zoned CL, located south of the subject property. There are commercial establishments and vacant land, zoned CL, located west of the subject property. North of the subject property is undeveloped property zoned RM -6. The property to the east of the subject site is also undeveloped and zoned RS -6, Single -Family Residential District (up to 6 units/acre). Approximately 15 acres of the node are presently being utilized for commercial activities. Future Land Use Pattern The subject property is presently designated as LD -2, Low -Density Residential 2 (allowing up to 6 units/acre) on the Comprehensive Plan and is located adjacent to the Oslo Road/27th Avenue Commercial Node. The property to the south and west of the subject property is part of the Oslo Road /27th Avenue Commercial node. The land located west of -the node is designated as LD -1, Low -Density Residential 1 (up to 3 units/acre). The land to the north and east of the subject property is designated as LD -2, Low -Density Residential 2 (up to 6 units/acre). Inclusion of the subject property into the commercial node would establish a natural feature boundary for the node, and it would produce a more unified development pattern with the existing commercially zoned land to the south. Therefore, it would enhance the usefulness of the subject parcel. Transportation System The subject property has direct access from 27th Avenue, classified as an arterial, and 5th Street S.W., classified as a secondary collector on the County Thoroughfare Plan. The additional 2 acres of commercial development would not create a significant impact on the level -of -service "A" that presently exists along 27th Avenue. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities A County watermain runs along the north side of Oslo Road. wastewater facilities are available at the present time. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation staff recommends that the Comprehensive Plan be amended to include the subject property in the commercial node and rezone to CL, Limited Commercial. 54 MAR 15 1988 Nor 71 FM E 223 IR r W W m 0: W C) CZ Q 1 �CN 0 {.i. Q10 I RM -6 LL 311u4U a W12m3 N 13 14 2 TR 10 a E TR.9 R 0 1ILL 1 C 8 6T14 ST. SW 4 a F 20714 AVE G SITN AVE. A H 1- N 1_ _J --- 7 P ST 31t - TR.I6 e CL 5th ST. S.W. MEFSON AV OSLO RD L ---} -REBEL R TR.I2 SUBJECT - PROPERTY I� j 1 The Chairman asked if anyone wished to be heard. Marie Simmons, 3126 3rd St., wished to know what this property was zoned before the County initiated the rezoning, and Planner Nearing advised that it is currently RM -6 and will be until the Board takes final action. Mrs. Simmons believed this action is to square off the node. She noted that originally the node went to Oslo Road, and she owns five acres on Oslo which she purchased for commercial usage in 1981. The County initiated the Comprehensive Land Use Plan and rezoned her property to RS -3 and then upgraded it to RM -6, and she protested because she wanted to have her property commercial as it was originally because she had it sold. Mrs. Simmons felt she should be included in the node before someone else is taken into it because she was originally commercial. She 55 MAR 1b 1988 BOOK 71 WE 224 informed the Board that her property is located between 30th and 31st Avenue on the north side of the road next to Charles Chips. Chairman Scurlock explained that the Commission could not consider her request today; it would have to be included in the next submission for amendment of the Comp Plan, probably in July. Mrs. Simmons just wanted to have it on the record that she is here today and this is her statement. Chairman Scurlock suggested that Mrs. Simmons write the Planning staff and ask them to initiate that action at the appropriate time. The Chairman determined that no one else wished to be heard. and thereupon closed the public hearing on the rezoning. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved staff recommendation to amend the Comprehensive Plan to include the subject property in the commercial node and rezone same to CL, Limited Commercial. Ordinance to rezone said property will be adopted after the overall ordinance approving the Compre- hensive Plan amendments is adopted. AMEND COMP PLAN TO ENLARGE 1-95/CR 512 INDUSTRIAL/COMMERCIAL NODE (COUNTY -INITIATED) Director Keating made the staff presentation: P R 15 1988 56 B00K 71 Fa [ 25 TO: Charles Balczun County Administrator DIVISION HEAD CONCURRENCE: DATE: March 1, 1988 FILE: SUBJECT: ert M. Ke. ng,CP Planning & De elopment Director THRU: Gary Schindler 16 Chief, Long -Range Planning FROM:Robert M. Loeper t REFERENCES: Staff Planner, Long -Range Planning COUNTY INITIATED REQUEST TO AMEND THE COMPREHEN- SIVE PLAN TO ENLARGE THE I-95/C.R. 512 INDUSTRIAL/ COMMERCIAL NODE FROM 650 ACRES TO 665 ACRES It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1987. DESCRIPTION & CONDITIONS The County is initiating a request to amend the Comprehensive Plan by enlarging the Commercial/Industrial node at the I-95 and County Road 512 interchange from 650 acres to 665 acres. The property proposed to be included is located on the north boundary line of the node between the Hetra Electronics plant and I-95. On January 15, 1986, the Board of County Commissioners adopted boundaries for a 240 acre commercial/industrial node at this interchange. On July 29, 1986, the Board of County Commissioners enlarged the node to 650 acres. On March 26, 1987, the Planning and Zoning Commission considered revised node boundaries reflecting the increased node size. At that time, the Commission amended the staff's proposed node boundaries by deleting 15 acres located in the northern part of the proposed node and adding 15 acres of land on the south side of County Road 512. The Commission also recommended that the County initiate proceedings in July to increase the size of the node in order to add back the 15 acres which they had excluded from the proposed node. On May 5, 1987, the Board of County Commissioners adopted boundaries for the 650 acre node as proposed by the Planning and Zoning Commission, and directed staff to examine the possibility of increasing the node's size by 15 acres and including the 15 acres removed at the north end of the node. On September 10, 1987, the Planning and Zoning Commission unanimously recommended the enlargement of this node by 15 acres, for the inclusion of the subject property. On October 27, 1987, the Board of County Commissioners voted 4-0 to authorize staff to transmit the proposed land use amendment to the state for review. On January 13, 1988, the Planning Department received comments from the State of Florida Department of Community Affairs (DCA), pursuant to section 163.3184, Florida Statutes. The DCA response reflects comments received by the Department from the Treasure Coast Regional Planning Council, and those comments are as follows: Both of these industrial/commercial nodes are in close proximity to I-95 with item 89 located at an interchange and item 94 at a projected interchange location. The reasoning offered for these nodes at these locations is twofold: they have good access potential and currently not adjacent to 57 NAR AR 19 8 BOOK 71 F'A E 226 potentially incompatible land uses. Urban services such as water and sewer are to be provided on a project by project basis. The intent of the County plan is to place priority for the provision of urban services to those areas that are or will be principally residential. The intent of the urban service area is to assure that a full range of urban services are provided to new developments and to further assure that state, regional, and local government growth management objectives are met in a timely and efficient manner. Furthermore, this policy is intended to prevent urban sprawl, leap frog development and development which due to its location, would increase the cost of service provision to the public. Council policy encourages urban infill and maximizing the use of existing urban facilities and infrastructure. The objectives provided in the twofold test of access and lack of incompatible adjacent uses do have merit. However, questions relating to leap frog development as well as concerns of infill have not been addressed. It would appear that the question that needs to be answered in this regard is how will these two nodes along with their proposed expansions ultimately tie into the developing coastal areas. of the County. Until such a time as this larger question is answered, approval of development on these parcels would not be consistent with Council policy. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property is undeveloped, and is surrounded by undeveloped property to the north, south, east and west. The subject property is currently zoned A-1, Agricultural District (up to 1 unit/5 acres). The surrounding property on all sides is also zoned A-1. Future Land Use Pattern The current land use designation for the subject property is AG, Agricultural (allowing up to 1 unit/5 acres). The property to the south and east lies within the current boundaries of the commercial/industrial node, while property north and west is designated AG, Agricultural (allowing up to 1 unit/5 acres). The Regional Planning Council has through the State Department of Community Affairs expressed concern that the change of land use of this parcel could lead to leap frog development and not utilize public facilities and infrastructure to their fullest. Although the Council did not formally object to this proposed amendment, it indicated that the proposed amendment was not consistent with its urban service area policy. Basically, this policy requires that any new urban type development be located within an urban service area that is, or will concurrent with development be, provided with the full range of urban services. According to the Regional Planning Council's policies, develop- ment at interstate interchanges should be limited to uses necessary to serve the interstate, i.e. gas stations, motels, restaurants, and other similar uses. Unless the interchange is within an urban service area, major employment or residential 58 MAR 15 1988 BOOK 71 EE 227 developments should not be located there. The intent of this policy is to create a compact development pattern, reducing urban sprawl, leap -frog development, inefficient growth patterns, and other characteristics. The Regional Planning Council chose only to comment on, rather than object to, the proposed amendment for several reasons. First, the County's existing comprehensive plan has not yet been updated to comply with the 1985 growth management act and there- fore has not had to meet requirements of consistency with regional policies. Second, the staff indicated that urban services are programmed for this area in the future. And, third, there was no project proposed for the site necessitating the action. For the proposed amendment, the DCA/Regional Planning Council comments do not affect the Board's decision. Although the comments demonstrate inconsistency with the Council's policy, the proposed amendment does comply with County policy. As proposed,. the amendment would constitute only a minor enlargement of an existing node; it is located in an area with sufficient traffic capacity; it will not create strip commercial development; it will not result in the creation of incompatible land uses; and it is not located in an environmentally sensitive area. In addi- tion, this amendment is consistent with the County Commission's intent to provide nodal areas sufficient in size to accommodate industries requiring large campus type locations and needing good transportation access. For those reasons, the staff supports the proposed amendment. The Regional Planning Council's comments, however, provide an indication of the type of comments which will be sent to the County upon review of the comp plan update - due in September of 1989. AT that time, this issue will assuredly rise again. To include the I-95/CR 512 node in the new comp plan without objec- tion from the region and the state, the commission will need to include this area in a designated urban service area and ensure that urban services will be provided concurrent with development. Transportation System The subject parcel has no access to a county road; however, the Thoroughfare Plan is proposed to be amended to include sub- division collector roads through which the property will have access. The existing interchange at County Road 512 and I-95 provides access to one of the major north -south transportation systems for the State of Florida. Environment The subject property is not designated as environmentally sensi- tive, nor is it located on the sand ridge or 10 mile ridge aquifer recharge area. However, the property is located in the 100 -year flood -plain as depicted on the Flood Insurance Rate Map for the area, and is therefore subject to occasional flooding. Special engineering techniques will be required at the time this property is developed in order to comply with the County's Flood Protection and Stormwater Management Ordinance. Utilities The subject property does not have public water or wastewater facilities at this time and is not located within a designated Urban Services Area. The Hetra Manufacturing plant does have a utilities system capable of expanding to accommodate future development within the node. 59 MAR 15 1988 BOOK 71 wE 2LLJ RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Comprehensive Plan be amended to enlarge this node by 15 acres, for the inclusion of the subject property. rim 1-95/C.R.512 Commercial/Industrial Node AREA TO BEINCLUDED s A• N- m a:'t+a�- �� L 131 _a 0052Aratmv NODE BOUNDARY The Chairman asked if anyone wished to be heard. Fred Mensing, resident of Roseland, believed everyone is aware of the problem of lack of places for people to work in this county, and he urged the Board approve this amendment so we can seek proper industrial development. Mr. Mensing stressed that we need a solid industrial base so we are not taxed out of existence and believed at one time it was recommended this node be increased to 1,000 acres. Attorney Chris Marine came before the Board representing the estate of Carson Platt, owner of the acreage being discussed. He believed the comments made by the DCA and Regional Planning 60 MAR 15 1988 BOOK 71 Fg-t 229 Council were simply comments and that if they really wanted to solidly oppose this, they would have. Attorney Marine continued that this Land is presently undeveloped, but he understood there is industrial development stirring in this area. It was determined that no one else wished to be heard. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved staff recommendation to amend the Comprehensive Plan to enlarge the t-95/CR 512 Industrial Commercial Node from 650 acres to 665 acres. Said amendment will be included in the overact ordinance adopted when all Comprehensive Plan amendments have been acted on. AMEND COMPREHENSIVE PLAN AND ZONE RIVER EDGE SUBDIVISION (COUNTY -INITIATED) The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 61 MAR 15 1988 L_ BOOK 71 o,F 2,30 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 in the matter of ! 1 ) e÷. 4iudzd.� in the / Court, was pub- id--Zcmhcf £.„7,l f 577 Iished 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 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 subscribe¢peforp meth' (SEAL) D.19 1f iliess Manager) (Clerk of the Circuit Court, In' -n River County, Florida) •s,,';.::, ' NOTICE—PUBLIC HEARING ` Notice of hearing initiated by Indian River County to consider the adoption of a County or- dinance assigning a zoning district designation of RS -6, Single -Family Residential District (up to 6 units/awe) to the River Edge Subdivision re- cently deannexed from the. City of Sebastian. The subject property 1s located west of Roseland Road and east bf the Sebastian River. The subject property Is described as: Ail of River Edge Subdivision as re- ' corded in Plat Book 8, page 81 of Indian . River County records, of Indian River County, Florida.. Said lands now Tying and being in Indian River County A public hearing at which parties in Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Tuesday, March 15. 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 testimony and evidence upon which the appeal is based. Indian River County • Board of County Commissioners By: -s -Don C. Scurlock, Chairman Feb. 22, 1988 - Planner David Nearing made the staff presentation, explain- ing that this is the result of an act allowing the deannexation of the River Edge Subdivision from the City of Sebastian: 62 MAR 15 1988 L_ BOOK 71 f1Gc 231 TO: Charles P. Balzcun County Administrator DIVISION HEAD CONCURRENCE: �,r• SUBJECT: Planning & Deve opm-• Director Ade, ' •..ert M. et DATE: February 25, 1988 FILE: THRU: Gary Schindler J`44 Chief, Long -Range Planning Robert M. Loepergi` FROM: staff Planner, Long-RancR7Fat✓ES: COUNTY INITIATED REQUEST TO AMEND THE COMPREHEN- SIVE PLAN AND ZONE THE RIVER EDGE SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS The County is initiating a request to establish a land use designation of LD -2, Low -Density Residential 2, (up to 6 units/acre), and to establish zoning of RS -6, Single -Family Residential District for the River Edge Subdivision located on Roseland Road approximately 1.5 miles southwest of U.S. 1 in Roseland. On May 29, 1987, the Legislature of the State of Florida passed a special act permitting the deannexation of the River Edge subdivision from the City of Sebastian, thereby placing it under the jurisdiction of Indian River County. Because this property does not currently have either a land use or. zoning designation, it is necessary for the Board of County Commissioners, based upon a recommendation from the Planning and Zoning Commission, to establish appropriate land use and zoning designations. On September 10, 1987, the Planning and Zoning Commission, by a vote of 5-0, recommended the establishment of a land use designation of LD -2, Low -Density 2 (allowing up to 6 units/acre) and zoning of RS -6, Single -Family Residential up to 6 units/acre for the River Edge Subdivision. On October 27, 1987, the Board of County Commissioners voted 4-0 to authorize staff to transmit the proposed land use amendment to the state for review. On January 13, 1988, the Planning Department received comments from the State of Florida Department of Community Affiars, pursuant to section 163.3184, Florida Statutes. There were no comments regarding this action. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property is subdivided into 49 lots. Substantial building has taken place in the subdivision, with only 7 vacant lots remaining. Upon buildout, the gross density will be less than 3 units per acre. There is also a tract of commonly owned land which is used as a community park and contains a dock. The area to the north and south of the subject property and west of Roseland Road is vacant land zoned RS -1, Single -Family MAR 15 1988 63 BOOK 11 F'ACE232 Residential District, allowing 1 unit/acre, while property to the north of the subdivision, and east of Roseland Road is vacant land zoned RS -3, Single -Family. Property to the east which is within the City of Sebastian is zoned industrial. Because the average lot size is 8,000 square feet, staff feels the RS -6, Single -Family Residential District (up to 6 units/acre) zoning is necessary to avoid future complications. A less intense designation would create nonconforming lots, which could impose hardship if any structure were ever destroyed. Future Land Use Pattern The Comprehensive Plan designates the land north and south, which is west of Roseland Road as RR -1, Rural Residential (allowing up to 1 unit/acre). The land to the north, and east of Roseland Road, is designated LD -1, Low -Density 1, (allowing up to 3 units/acre). Property to the east within the City of Sebastian has an industrial land use designation. Transportation System The subdivision is accessible to Roseland Road which is designated a primary collector road on the County Thoroughfare Plan. Environment The subject property is on the Sebastian River; however, because of modifications made when the subdivision was developed, the area is no longer environmentally sensitive as defined by County criteria. The subdivision, however, is in three flood zone areas. Beginning at Roseland Road and proceeding towards the Sebastian River for approximately 500 feet is zone C. The remaining 1/3 of the subdivision is in zones A and B, the "A" zone being within the 100 year flood plain, and subject to occasional flooding. Utilities The River Edge utility system which was operating in a state of disrepair when this action was initiated, has been taken over by the County Utilities Department. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Comprehensive Plan be amended designating a land use of LD -2, Low -Density 2 (allowing up to 6 units/acre) and zoning of RS -6, Single -Family Residential up to 6 units/acre for the River Edge Subdivision. The Chairman asked if anyone wished to be heard. There were none, and he thereupon declared the public hearing on the rezoning closed. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Wheeler, the Board unanimously approved staff recommendation to amend the Comprehensive Plan by 64 BOOK 71 F'' :: 2:33 MAR 15 1988 designating a Land Use of LD -2 for subject property and approved zoning River Edge Subdivision RS -6. to rezone said property will be adopted after overall ordinance approving the Comprehensive amendments is adopted. Ordinance the Plan AMEND COMP PLAN TO ENLARGE 1-95/SR 60 COMMERCIAL/INDUSTRIAL NODE (COUNTY -INITIATED) Staff Planner Nearing made the staff presentation: TO: Charles P. Balczun County Administrator DIVISION HEAD CONCURRENCE: / Ro•ert M. Keat Planning & Deveiopm t DATE: March 3, 1988 SUBJECT: Director THRU: Gary Schindler "ft/ Chief, Long -Range Planning David C. Nearing 0(Jvnn FROM: Staff Planner, Long-RangREEEEEICES: FILE: COUNTY INITIATED REQUEST TO ENLARGE THE I-95/S.R. 60 COMMERCIAL/INDUSTRIAL NODE FROM 650 ACRES TO 795 ACRES It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS The County Planning Department is initiating a request to amend the County's Comprehensive Plan by enlarging the I-95/S.R. 60 Commercial/Industrial node from its current size of 650 acres to 795 acres, a total of 145 acres. The proposed locations for expansion are: a) a 25 acre parcel along the north side of S.R. 60 from 85th Ct. east approximately 1700 feet and extending north, for a depth of 650 feet, b) A parcel located approximately 600 feet south of S.R. 60 which is approximately 900 feet in width and 2000 feet deep, bounded on the east by I-95; c) a 60 acre parcel situated approximately 600 feet south of S.R. 60 approximately 1300 feet in width and 2000 feet deep which is bordered on the west by 98th Avenue. On March 3, 1987, the Board of County Commissioners voted to approve the boundaries for the I-95/S.R. 60 node which encompassed a total of 650 acres. However, the motion to approve also included direction for staff to examine the possibility of enlarging the node to include the three previously described parcels. The intention of the Board was to square off the previously approved boundaries, and to avoid a situation where residential development would be forced to locate where it would be surrounded on three sides by industrial and commercial development. LMAR 15 1988 65 BOOK " 71 [1',E 234 On September 10, 1987, the Planning and Zoning Commission voted 5-0 to recommend approval of this request. On October 27, 1987, the Board of County Commissioners vote 4-0 to transmit this request to the DCA for review and comment. On January 13, 1988, the DCA responded to this request with a statement of no objections. 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. Normally when staff reviews a request to enlarge a node an examination of the recent development activity and level of interest are examined. Additionally, staff looks at the long-range implications of the increase in acreage upon the area in relation to anticipated development patterns. Because of the location of this node at the intersection of two main state wide transportation corridors, it is believed that this will be a primary location for commercial and industrial development. Several new industrial developments have been proposed for the industrially zoned properties along 98th Avenue, south of S.R. 60, and additional interest has been shown in other areas of the node. This node is located at the west end of the S.R. 60 corridor which has a large amount of multifamily zoning, is provided with public water and sewer, and is anticipated to be a main growth area for the unincorporated portion of the County. Current Land Use Patterns The first parcel located north of S.R. 60 and east of 85th Ct. contains 12 nonconforming mobile homes and vacant property zoned RM -6, Multi -Family Residential District (up to 6 units/acre). The property east contains a mobile home park zoned RMH-8, Residential Mobile Home District (up to 8 units/acre). The property north is vacant and zoned RM -6. The property west of the subject parcel contains several single-family homes and vacant lots zoned CL, Limited Commercial. South of • the subject parcel across S.R. 60 is vacant land zoned CG, General Commercial. The use of the second parcel is currently vacant land and groves zoned RM -6 and A-1. To the east of the subject property is I-95. To the west of this property are groves zoned IL, Light Industrial District. North of the subject property are groves and a single-family residences zoned CG, General Commercial. South of the subject parcel are groves zoned A-1, Agricultural District (up to 1 unit/5 acres). The third parcel currently contains an air strip and groves, and is zoned A-1. To the west across 98th Avenue are several industrial uses such as Ramp Master zoned IL. To the south of the subject property are groves zoned A-1, with groves also lying east zoned IL, and north zoned CG. Future Land Use Pattern The Comprehensive Plan designates the first subject property as MD -1, Medium Density Residential (allowing up to 8 units/acre). The lands lying north and east are also designated as MD -1. The lands west and south across S.R. 60 lie within the 'current boundary of the I-95/S.R. 60 Commercial/Industrial Node. 66 L MAR 15 1988 BOOK 71 f, E 235 The Comprehensive Plan designates the second and third properties as MD -1, as is the land south of them. The lands north, east, and west lie within the Commercial Industrial Node. Transportation System The first subject property has access to the south onto S.R. 60, classified as an arterial road on the County's Thoroughfare Plan, and also to 85th Ct. to the west classified as a local road. The second parcel has access to the south to undeveloped 16th Street classified as a local road. - The third parcel has access to the west to 98th Avenue classified as a primary collector road, and to undeveloped 16th Street to the south. The County is currently in the process of improving 98th Avenue. Since all existing roads in the area are currently at a level of service "A", a large surplus of road capacity exists. Any impacts to the transportation system which will occur as a result of development of the subject properties will be addressed during site plan or subdivision review. Environment The three subject properties are not considered environmentally sensitive land. The first and second are also not located within flood prone areas, however, the third property abutting 98th Avenue is within an area subject to occasional flooding. This property will oro the County's speciaengineering Protection ando Stormwater meet the requirements for Management Ordinance. Utilities Public water and wastewater are available along S.R. 60 up to the I-95 interchange. RECOMMENDATION Based on the analysis performed, and the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners approve this request to amend the Comprehensive Plan by enlarging the I-95/S.R. 60 Commercial/Industrial Node from 650 to 795 acres. S.R. 60 / 1-95 Commercial/ Industrial Node _ lJlitira.. �-. ..«y '[. = CJ A-1 Ut 6rr -P �rrrr.._ RS -1 Ail' • MAR 15 1988 RMFj- B "Va. .r AREAS TO BE INCLUDED 67 -- A-1 NODE BOUNDARY BooK 71 FK,E 236 The Chairman asked if anyone wished to be heard. Attorney Chris Marine came before the Board representing #14 Corporation, owner of a portion of the easternmost parcel on the north side of SR 60, and spoke in favor of the node being increased. The Chairman determined that no one further wished to be heard. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously approved staff's recommendation to amend the Comprehensive Plan by enlarging the I-95/SR 60 Commercial/Industrial Node from 650 to 795 acres. Said amendment will be in- cluded in the overall ordinance adopted when all Comprehensive Plan amendments have been acted on. AMEND COMP PLAN TO ENLARGE OSLO ROAD/74TH AVE. COMMERCIAL/ INDUSTRIAL NODE (COUNTY -INITIATED) Staff Planner Nearing reviewed the following, stressing that it is felt this should be done now to avoid future residential encroachment: L MAR 15 1988 68 BOOK �!1 F', : E 2:37 TO: Charles P. Balczun DATE: March 3, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: 1 R::ert M. Ke,t n•, AI Planning & Develo•men reSUBJ ECT: THRU: Gary Schindler ~*/J Chief, Long -Range Planning David C. Nearin FROM: Staff Planner, long-RangREFEREIVgCES: COUNTY INITIATED REQUEST TO AMEND THE COMPREHEN- SIVE LAND USE PLAN EN- LARGING THE OSLO ROAD/ 74TH AVENUE COMMERCIAL/ INDUSTRIAL NODE FROM 450 ACRES TO 690 ACRES Is reques e• a e •a a erein presen e• •e gi e consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & CONDITIONS The Planning Department has initiated a request to amend the Comprehensive Land Use Plan by enlarging the Oslo Road/74th Avenue Commercial/Industrial node from 450 to 690 acres. The property proposed for inclusion is located between 82nd and 74th Avenues and south of 5th Street S.W. On March 3, 1987, the Board of County Commissioners voted to. establish the boundaries for the 450 acre node. Due to the interest by property owners in the area and the need for addi- tional land for future industrial development, the Board, as part of its approval motion, directed staff to examine the possibility of expanding this node. On September 10, 1987, the Planning and Zoning Commission voted 4-1 to recommend denial of this request. Their recommendation was based on their opinion that expansion of this node was premature at this time, and future expansion should be based on demand demonstrated by development. On October 27, 1987, the Board of County Commissioners voted 4-0 to transmit this request to the DCA for their review. DCA COMMENTS On January 13, 1988, the DCA responded to this request as follows: With the exception of Items 89 and 94, the proposed amendments do not appear to be in conflict or inconsistent with the policies contained in the Regional Comprehensive Policy Plan. Items 8.9 and 94 are requests to change land from an agricultural designation to a commercial/industrial designation. Both of these requests would expand existing identified commercial/indus- trial nodes, however, they do not lie within the urban services boundary shown in the Indian River County Comprehensive Plan. - Lying outside of the urban services boundary of the County plan, they do not fall within the urban services area of the Regional Comprehensive Policy Plan (RCPP). A conflict then arises in that such a designation is allowed outside of the urban service boundary in the County plan but would not appear to be compatible with the RCPP. The urban service area of the RCPP generally recognizes all locally permitted land uses where there will be a full range and level of urban services at the time of development. 69 MAR 15 198 BOOK7:1 Fri E 2;38 Both of these industrial/commercial nodes are in close proximity to I-95 with item 89 located at an interchange and item 94 at a projected interchange location. The reasoning offered for these nodes at these locations is twofold: they have good access potential and currently not adjacent to potentially incompatible land uses. Urban services such as water and sewer are to be provided on a project by project basis. The intent of the County plan is to place priority for the provision of urban services to those areas that are or will be principally residential. The intent of the urban service area is to assure that a full range of urban services are provided to new developments and to further assure that State, regional, and local government growth management objectives are met in a timely and efficient manner. Furthermore, this policy is intended to prevent urban sprawl, leap frog development, and development which due to its location, would increase the cost of service provision to the public. Council po4cy encourages urban infill and maximizing the use of existing urban facilities and infrastructure. The objectives provided in the two fold test of access and lack of incompatible adjacent uses do have merit. However, questions relating to leap frog development as well as concerns of infill have not been addressed. It would appear that the question that needs to be answered in this regard is how will these two nodes along with their proposed expansions ultimately tie into the developing coastal areas of the County. Until such a time as this larger question is answered approval of development on these parcels would not be consistent with Council policy. ALTERNATIVES AND 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 Currently, this node is largely undeveloped, the principal occupants being the Ocean Spray processing plant, a truss manufacturing plant, and the Hercules pectin processing' plant. Adjacent to the node on agriculturally zoned property is a recently completed citrus packing plant. While not in the node, the packing plant abuts the node, and the use is similar to node uses. Currently, the area proposed to be included in the expanded node is zoned A-1, Agricultural District (up to 1 unit/5 acres). The property north and east is vacant and zoned A-1. The property to the west of the subject parcel is vacant and currently zoned RS -1, Single -Family Residential District (up to 1 unit/acre). The property south of the subject area is vacant and zoned CG, General Commercial, and A-1. Future Land Use Pattern The Comprehensive Land Use Plan designates the subject property as AG, Agricultural (allowing up to 1 unit/5 acres). The land north and east is also designated as AG. The land south of the subject site is within the currently defined Oslo Road/74th. Avenue node. The property to the west is designated RR -2, Rural Residental 2 (allowing up to 1 unit/acre). MAR 15 1988 70 BOOK - 71 F,Gr 239 Transportation System The subject property will have access to 74th Avenue, classified as a primary collector on the County's Thoroughfare Plan; 82nd Avenue, classified as a secondary collector; and 5th Street S.W. to the north, also classified as a secondary collector. The eventual build -out will have a substantial impact on the thoroughfare system; however, the level of service on the existing roads in the area is currently at a level of service "A", and each has a large percentage of unutilized capacity remaining. Any development impacts on the transportation system will be addressed during the site plan or subdivision review and approval process. Environment This area is not designated as environmentally sensitive nor is it in a flood prone area. Utilities The area is not currently serviced by public water and wastewater systems. However, this area is within a service area for the Southwest Regional Wastewater plant situated on 8th Street West of 82nd Avenue. This service area encompasses from 26th Street to the North, South to Oslo Road, and from I-95 East to 43rd Avenue. Eventually this plant will be a 4MGD treatment facility. Phase two is scheduled to commence in the next two to three years. Phase two will expand the facility to a 2MGD system. ANALYSIS The Regional Planning Council has through the State Department of Community Affairs expressed concern that the change of land use of this parcel could lead to leap frog development and not utilize public facilities and infrastructure to their fullest. Although the Council did not formally object to this proposed amendment, it indicated that the proposed amendment was not consistent with its urban service area policy. Basically, this policy requires that any new urban type development be located within an urban service area that is, or will concurrent develop- ment be, provided with the full range of urban services. According to the Regional Planning Council's policies, development at interstate interchanges should be limited to uses necessary to serve the interstate, ie. gas stations, motels, restaurants, and other similar uses. Unless the interchange is within an urban service area, major employment or residential development should not be located there. The intent of this policy is to create a compact development pattern, reducing urban sprawl, leap -frog development, inefficient growth patterns, and other characteristics. The Regional Planning Council chose only to comment on, rather than object to, the proposed amendment for several reasons. First, the County's existing comprehensive plan has not yet been updated to comply with the 1985 growth management act and there- fore has not had to meet requirements of consistency with regional policies. Second, the staff indicated that urban services are programmed for the area in the future. And, third, there was no project proposed for the site necessitating the action. For the proposed amendment, the DCA/Regional Planning Council comments do not affect the Board's decision. Although the comments demonstrate inconsistency with the Council's policy, the proposed amendment does comply with County policy. As proposed, the amendment is located in an area with sufficient traffic capacity; it will not create strip commercial development; it will not result in the creation of incompatible land uses; and it 71 MAR 15 1988 BOOK - 71 PAGE 240 is not located in an environmentally sensitive area. In addition, this amendment is consistent with the County Commission's intent to provide nodal areas sufficient in size to accommodate industries requiring large campus type locations and needing good transportation access. For those reasons and the additional reasons discussed below, the staff supports the proposed amendment. Normally, when the County staff looks at a node being considered for expansion, one key issue is the recent activity in the subject node. Another issue is the interest which has been expressed in the subject node. In the case of the Oslo Road/74th Avenue node, the truss plant went into production within the last two years and is currently proposing expansion, and the adjacent citrus packing plant has recently come on-line. Also within the last two years, the Oceanspray facility has gone through expansion, and Hercules has completed renovations. A great deal of interest has also been expressed in this node, including a recently submitted request to rezone 34+ acres lying within the current boundaries from CG, General Commercial District to IL, Light Industrial District. This request received a recommendation for approval by the Planning and Zoning Commission at their regular meeting of October 8, 1987. Another characteristic to be considered is the location of this node, especially its proximity to I-95 and Oslo Road. Eventually, the State FDOT will construct an interchange at Oslo Road and 1-95. This interchange will then provide the node with direct access to a major north/south state transportation. corridor. The access will increase the attractiveness to this area, and it can be anticipated that development will then increase at a rapid rate. Because of demand for industrial and commercial uses in this area expected to arise from an I-95 interchange, there is a need to ensure that the buildout acreage of the node is protected from residential encroachment. Once residential development estab- lishes itself in an area, expansion of a node near the area of residential development is difficult. Therefore, it is often desirable to ensure that adequate node acreage is reserved. On the other hand, if too large an area is proposed for node use, inefficient and undesirable land development patterns occur. If the proposed node expansion is approved, it will assist in establishing a future development pattern in this area which will provide for an orderly transition from residential to commercial, as well as provide ample room for future commercial and indus- trial development. The Regional Planning Council's comments, while not directly affecting the proposed amendment, do provide an indication of the type of comments which will be sent to the County upon review of the comp plan update - due in September of 1989. At that time, this issue will assuredly rise again. To include the Oslo- Rd./74th Avenue node in the new comp plan without objection from the region and the state, the Commission will need to include this area in a designated urban service area and ensure that urban services will be provided concurrent with development. RECOMMENDATION Based on the analysis performed, and fully respecting the Planning and Zoning Commission's recommendation of denial, staff recommends that the Board of County -Commissioners approve this request as presented. 72 MAR 15 1988 BOOK 71 FA[ E 241 Oslo Rd. & 74th Ave SW Commercial / Industrial Node AREA: TO BE INCLUDED L Node Boundary The Chairman asked if anyone wished to be heard. Fred Mensing spoke in favor of enlarging the node. The Chairman determined that no one further wished to be heard. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved staff's recommendation to amend the Comprehensive Plan by enlarging the Oslo Road/74th Ave. Commercial/Industrial Node from 450 acres to 690 acres. Said amendment will be included in the overall ordinance adopted when all Comprehensive Plan amendments have been acted on. 73 MAR 15 1988 BOK 71 i'AGE 242 AMEND COMP PLAN BY ESTABLISHING AN MXD ON THE EAST SIDE OF U.S.1 NORTH OF THE CITY LIMITS (COUNTY -INITIATED) Planner Nearing made the staff presentation, stressing that staff feels the DCA's concerns can be addressed through the site plan provisions of the Code: TO:Charles P. Balczun County Administrator DIVISION HEAD CONCURRENCE: 114,7/ Robert Mea e DATE: March 3, 1988 FILE: P SUBJECT: COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN BY ESTABLISHING AN Community DeveldpmeDirector MXD, MIXED USE DISTRICT ON THE EAST SIDE OF U.S. 1 THRU: Gary Schindler Chief, Long -Range Planning David C. FROM: Staff Plannering �`C REFERENCES: Mlsc%dc 0 It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1988. DESCRIPTION & LOCATION: By direction of the Board of County Commissioners, the Planning staff has initiated a request to amend the Comprehensive Plan by creating an MXD, Mixed Use District, east of U.S. 1. More specif- ically, the MXD area is proposed to include approximately 29 acres of land located approximately 600 feet south of 36th Street and east of the east City limits of Vero Beach running south to the north city limits and extending east approximately 900 feet. On April 14, 1987, the Board of County Commissioners reviewed a request by Penn Mobile Partnership to change the land use desig- nation of a 180+ x 700+ foot parcel located within the subject area from MD -1, Medium Density Residential 1 to MXD. As part of their motion to approve transmittal of that request to the State Department of Community Affairs, the Board directed the staff to examine the possibility of establishing an MXD district to include other properties located in the general area. This direction was due to the fact that there is currently a 200 foot deep strip of land along U.S. 1 which is zoned commercial and lying within the City of Vero Beach. Enabling a similar zoning to be established. east of this strip would reduce the possibility of strip commer- cial development by permitting the development of larger, more manageable projects. On September 10, 1987, the Planning and Zoning Commission voted 5-0 to recommend approval of this request. On October 27, 1987, the Board of County Commissioners voted 4-0 to transmit this request to the DCA for their review comment. On January 13, 1988, the DCA responded to this request. They had no opposition to the request, however, they did have some comment generated by DOT review. This concern is as follows: MAR 15 988 74 BOOK I ,� fr:E 243 Prior to the approval of any development associated with Item 91, the appropriate analysis should be completed demonstrating that U.S. Highway One and the surrounding network of roads has the available capacity to accommo- date the additional trips. This analysis should also demonstrate that an acceptable level of service can be maintained on the roadway at buildout of the area. This concern will be addressed in the section of this item dealing with the transportation system. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility sys- tems, and any significant adverse impacts on environmental quali- ty. EXISTING LAND USE PATTERNS: Currently, the subject area contains a used auto sales, most of which lies within the City, and vacant land zoned RM -6, Multi - Family Residential (up to 6 units/acre). To the east lies vacant land zoned RM -6. To the south lie single-family lots within the City zoned RM -10/12, Multi -Family Residential District (up to 10-12 units/acre). To the north lies the Hospital/Commercial Node containing assorted medical related businesses and offices, the hospital and a total life care facility, zoned MED, Medical District. To the west in the City are several single family residences and the used car sales zoned C -1B, General Commercial Trades and Services. Most of the unplatted lots extend over 650 feet east of the city limits. Normally when boundaries are established for a zoning or land use district it is desirable to follow property lines in order to avoid dividing property into different districts. When establishing boundaries for land use districts, it is also desirable to establish boundaries in a uniform pattern and depth. After examining this area, it was found that following property lines would not permit a uniform depth from the city limits. For. this reason, a depth of 900 feet was chosen to include the depth of all metes and bounds lots along U.S. 1. This depth includes portions of some larger tracts; however, these portions are of a sufficient size to permit a reasonable development if a rezoning were ever proposed. FUTURE LAND USE PATTERNS: Currently, the Comprehensive Land Use Plan designates the entire 29 acres as MD -1, Medium Density Residential -1. The land to the east is also MD -1. The land north of the subject parcel is part of the Hospital/Commercial Node. The property south is medium. density residential within the city, and the land within the 200 foot strip of city land along U.S. 1 is commercial. In discussion with the City of Vero Beach Planning Department, it was agreed that, because of the split jurisdiction between the County and City, it would be advisable to do a small area type plan of study for this area to ensure coordinated development. TRANSPORTATION: Currently, the level of service (LOS) for this segment of U.S. 1 is LOS "A"; however, the LOS for the surrounding intersections is LOS "D" or "E". For this reason, the County Traffic Engineer strongly recommends that traffic concerns be a major consideration V1AR 15 1988 75 BOOK 71 rAGE 244 in commercial rezoning requests in this area. It will be neces- sary for the County and City Planning staffs to work closely to ensure that all adverse impacts of additional traffic will be minimized. As previously stated, the DCA expressed the same concerns as the Traffic Engineer, These concerns can be adequately addressed through the site plan provisions of the County Code. According to these provisions, an applicant can be required to provide a traffic impact analysis study when the project will generate/attract 1000 or more average annual daily trips, or is located in a critical transportation corridor. Because the DCA comment was generated by DOT review, the Traffic Engineer has determined that this section of U.S. 1 qualifies as a critical corridor. UTILITIES: This area is currently serviced by the City of Vero and the County for water and wastewater service. ENVIRONMENT: This land is not designated as environmentally sensitive nor is it located within an area considered to be flood prone. RECOMMENDATION: Based on the analysis performed, and the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners approve this request to establish a Mixed Use District east of U.S. 1. MAR 15 1988 SUBJECT PROPERTY • 76 NUR,71 PAGE 245 none. The Chairman asked if anyone wished to be heard. There were ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Eggert, the Board unanimously approved staff's recommendation to amend the Comprehensive Plan by establishing an MXD on the east side of U.S.1. Said amendment will be included in the overall ordinance adopted when all Comprehensive Plan amendments have been acted on. AMEND COMP PLAN REDESIGNATING APPROXIMATELY 145 ACRES OF WINTER BEACH FROM LD -2 TO LD -1 (COUNTY -INITIATED) Planning Nearing made the staff presentation advising that staff opposes the proposed amendment as they have all along: TO: Charles Balczun County Administrator DIVISION HEAD CONCURRENCE: DATE: March 4, 1988 Ro ert M. Keatinfj, A P SUBJECT: Community Development Director ��% THROUGH: Gary M. Schindler /`',y Chief, Long Range Planning FILE: COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN REDESIGNATING APPROX- IMATELY 145 ACRES OF WINTER BEACH FROM LD -2, LOW DENSITY RESIDENTIAL 2 TO LD -1, LOW-DENSITY RESIDENTIAL 1 FROM: David C. Nearing/? REFERENCES: Staff Planner Cty. Int. WB Memo BETTY2 It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1987. DESCRIPTION AND CONDITIONS The County planning staff has initiated a request to the Comprehensive Plan to redesignate approximately 145 acres of land located in Winter Beach from LD -2, Low -Density Residential 2 (allowing up to 6 units/acre), to LD -1, Low -Density Residential 1 (allowing up. to 3 units/acre). The subject property lies south of North Winter Beach Road, north of South Winter Beach Road, and east of the Lateral G Canal. On November 13, 1985, the Board of County Commissioners voted 5-0 to approve the Winter Beach Small Area Plan. 77 BOOK 71 F, GE 246 MAR 15 1988 After several attempts to rezone property lying within the boundaries of the small area plan were denied, the Board directed staff to reassess the small area plan. On July 23, 1986, the Board amended the Winter Beach Small Area plan for land between the FEC Railroad and 58th Avenue. On October 21, 1986, the Board rezoned approximately 250 acres of Winter Beach from RS -6 Single -Family Residential District (up to 6 units/acre) to RS -3, Single -Family Residential District (up to 3 units/acre). On February 17, 1987, the Board voted to amend the Comprehensive Plan for the previously mentioned 250 acres, redesignating it from LD -2 to LD -1, and directed staff to initiate a comprehensive plan amendment for the property involved in this request. On May 5, 1987, the Board approved a rezoning from RS -6 to RS -3 for the subject property. Additional actions are outlined in the attached chronology of events which have taken place in Winter Beach. On September 10, 1987, the Planning and Zoning Commission recommended denial of this request. The Commission felt that the current LD -2 designation was appropriate for this area. On October 27, 1987, the Board of County Commissioners voted 3-1 to transmit this request to the DCA for their review and comment. The DCA presented no opposition to this request in their January 13, 1988 response. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property consists of undeveloped land, a church, and several single-family dwellings zoned RS -3. North of the subject property, across North Winter Beach Road, are single -Family dwellings and undeveloped land zoned RM -6, a plant nursery zoned RS -3, and undeveloped land zoned IL. Further east is the F.E.C. Railroad. South of the subject property, across South Winter Beach Road, is undeveloped land zoned A-1, a church and undeveloped land zoned RS -6, undeveloped land zoned RM -6 and IL, and two industrial buildings zoned IL. West of the subject property, across the Lateral "G" Canal, are single-family residences and undeveloped land zoned RS -3. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land south and immediately east of it as LD -2, Low -Density Residential 2 (up to 6 units/acre). Further to the east is the 100 acre South Winter Beach Road Industrial node and the U.S. #1 MXD, Mixed Use Corridor (up to 6 units/acre). The land north and west of the subject property is designated as LD -1, Low -Density Residential 1 (up to 3 units/acre). The Winter Beach Precise Land Use Map, as amended by the Board of County Commissioners on July 23, 1986, designates the subject property as LD -1 with an appropriate zoning of RS -3. It is staff's opinion and consistently has been staff's opinion that the current LD -2 land use designation is appropriate for this property. The RS -3 zoning in place on the subject property is AR 15 1988 78 BOOK 71 f GF 247 consistent with the land -use designation, and a change in land use designation is not required for control of density in this area for the immediate future. This is due to the fact that several other control methods are available, including rezonings, and state environmental controls. There are a number of reasons why the staff has consistently recommended that the LD -2 designation remain in place. One is that the County's growth has been in a linear pattern. The major growth and higher population densities in the County have occurred parallel to the U.S. 1 corridor. Development along this corridor has occurred due to the proximity of the area to major service areas and transportation access. This pattern of higher density in the eastern part of the County and lower densities to the west is reflected in the County's Comprehensive Plan and is encouraged to continue. This is consistent with the County's objective to have a more compact development pattern, a system which permits more efficient provision of urban services, and avoids the complications of urban sprall. With the future projected growth rates for Indian River County, staff anticipates intense growth pressures. Eventually these growth pressures will require additional lands to be developed at higher densities in areas where urban services are available. According to the comprehensive plan, the Winter Beach area lies within an urban service area scheduled for development between the year 1991-2000. However, the Utilities Division anticipates having a water treatment plant in the Hobart Park area on line within the next two years and, with- the soon to be expanded Gifford plan, this proposed time frame will probably be changed to a less distant period, such as 1988-90. In addition to urban services, the Winter Beach area has a good transportation network, being accessible to two main east/west collector roads. These roads are capable of carrying a large volume of traffic through the north county area and linking this area to major north/south roads such as Kings Highway. This linkage also enables the area to be highly accessible to the remainder of the County. A substantial portion of the subject area consists of threatend coastal sand pine scrub habitat. While staff feels that this habitat should be preserved, it is staff's opinion, based upon available research, that only acquisition can protect the resource. Staff feels that a density reduction will not save the scrub. Transportation System The subject property has access to North Gifford Road designated as a primary collector on the County's Thoroughfare Plan and South Gifford Road classified as a secondary collector. Several local roads also extend north and south into the property of of the collectors. All roads are at a current level of service "A". Environment Approximately 80 percent of the subject property consists of excessively drained soils and is considered to be located in the coastal sand ridge primary aquifer recharge area. The subject property is not located within a flood -prone area. Utilities County water and wastewater facilities are not currently available for the subject property. -79 BOOK 71. FAGE248 AR 15 1988 RECOMMENDATION Based on the analysis performed, and the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners deny this request to amend the Comprehensive Plan. • SUBJECT PROPERTY w § none. RS -6 1 ! LD _2 A-11 .A-1 NODE The Chairman asked if anyone wished to be heard. There were Chairman Scurlock stated that he agreed with staff's recom- mendation and he would vote against this amendment as he has consistently. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, Chairman Scurlock voting in opposition, the Board by a 4 to 1 vote directed staff to amend the Comprehensive Plan by redesignating approximately 145 acres in Winter Beach from LD -2 to LD -1. Said amendment will be included in the overall ordinance adopted when all Comprehensive Plan amendments have been acted on. tvIAR 15 1988 80 Boa 71 PACE 249 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously adopted Ordinance 88-14 rezoning 2 acres owned by Chauncey Hatch, Jr., and now included in the Oslo Road/27th Ave. Commercial node, from RM -6 to CL, Limited Commercial. ORDINANCE NO. 88- 14 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 and subsequently made request; and WHEREAS, The on such matters, a recommendation has held a public hearing regarding this rezoning 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: A parcel of land situated in Tract 12, Section 23, Township 33 south, Range 39 east, according to Indian River -Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida more particularly described as follows: Commencing at the northwest corner of said Tract 12, proceed S 00°00'00" E along the west line of Tract 12 a distance of 30.06 feet; thence N 89°48'13" E along the south right of way line for Indian River Farms Drainage District Canal E-7 (30' wide) a distance of 25.00 feet to the Point of Beginning; thence proceed N 89°48'13" E along Indian River Farms Drainage District Canal E-7 south right of way line a distance of 304.96 feet; thence S 00°00'07" E a distance of 1299.25 feet to a point on the south line of Tract 12; 82 IiAR 15 1988 BOOK 71 FADE 251 thence S 89°45'48" W along the south line of Tract 12 a distance of 305.00 feet to a point on the east right of way line of 27th Avenue; thence N 00°00'00" E along said east right of way line a distance of 1299.46 feet to the Point of Beginning. Be changed from RM -6, Multiple -Family Residential District to CL, Limited Commercial. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this of March , 1988. 15th day BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Vice Chairman ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously adopted Ordinance 88-15 zoning River Edge Subdivision RS -6. ORDINANCE NO. 88- 15 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 zoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to zone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this zoning 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 zoning request, at which parties in interest and citizens were heard; MAR 15 1988 L 83 BOOK 71 FA E 252 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 River Edge Subdivision as recorded in Plat Book 8, page 81 of Indian River County records of Indian River County, Florida. Said lands now lying and being in Indian River County. Be established as RS -6, Single -Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this of March , 1988. 15th day BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Vice Chairman LANDCLEARING/TREE REMOVAL VIOLATION: Ken Puttick BUICK-CADILLAC Environmental Planner Roland DeBlois reviewed the following: MAR 15 1988 84 Boor 71 PACE 253 TO: Charles P. Balczun County Administrator DATE: February 29, 1988 FILE: DIVISION HEAD CONCURRENCE: o bert M. Ke ng ICP SUBJECT: LANDCLEARING/TREE REMOVAL CommunityDevelo mt Director VIOLATION: KEN PUTTICK p BUICK-CADILLAC, INC. THROUGH: Michael K. Miller /14K14 Chief, Environmental Planning FROM: Roland M. DeBlois ° REFERENCES: CV -88-o3-198 Staff Environmental Planner It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on March 15, 1988. DESCRIPTION & CONDITIONS: On December 7, 1987, County staff observed that the west portion of parcel number 12-33-39-00000-3000-00010.0 had been cleared, prior to the issuance of County landclearing or tree removal permits. The area cleared is approximately 1.12 acres in size; the overall parcel is the site of Ken Puttick Buick - Cadillac, Inc., 1401 U.S. Highway One, owned by Mr. Ken Puttick. A site tree survey done in 1985 indicates that 10 protected trees (6 oaks and 4 pines) were removed as part of the unper- mitted landclearing activity. The tree survey was done as part of an Ennessy Buick -Cadillac site plan application for the cleared property that was approved by the County in August 1985, but has since expired due to lack of implementation by the applicant. A tree removal permit was issued on July 11, 1985, in conjunc- tion with the approved 1985 site plan, which allowed for the removal of only one protected oak; the remaining 9 protected trees were to be preserved as part of the open space area of the site. The tree removal permit expired on January 11, 1986. Ken Puttick Buick -Cadillac has recently received approval for a site plan of the cleared property similar to the plan previously approved for Ennessy Buick -Cadillac in 1985. The newly approved site plan is for an automobile storage lot as an accessory use to the existing automobile dealership. The recent site plan for Ken Puttick Buick -Cadillac differs from the 1985 plan in that more paved storage area was approved; since the property had been cleared, there was no call for tree preservation considerations in the site plan approval process. Had the property not been illegally cleared, however,staff would have recommended the preservation of 9 of the 10 removed protected trees, as reflected in the approved design of the expired 1985 site plan. ALTERNATIVE & ANALYSIS: Section 23}-6(a) & (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County, unless expressly exempted within the ordinance. The ordinance -further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and landclearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. MAR 15 1988 85 Based on the illegal landclearing and number of protected trees that could have been saved, staff requested on December 21, 1987, that Mr. Puttick submit a voluntary payment of $5,000.00 and obtain after -the -fact permits. Voluntary payment as requested by staff has not been submitted. STAFF RECOMMENDATIONS: Staff recommends that the Board of County Commissioners consider obtaining a voluntary payment of $5,000 dollars, and require the planting of 6 oaks and 4 pines on the subject property. In the event that any said agreement is not forth -coming, staff recommends the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. Planner DeBlois noted that this is unique in that the site was site planned under the previous owner. Under the previous plan only one of the trees was slated for removal. Commissioner Eggert wished to know why we are asking for ten instead of nine if they could take one out, and Planner DeBlois explained there were 10 protected trees on the site as identified by a tree survey under the previous site plan. That expired and so did the tree removal permit issued for one of those trees. Commissioner Bird asked if there is no present site plan approved, and Planner DeBlois confirmed that there is, but it went through the process and was approved after the trees had already been removed. Chairman Scurlock wished to know how many of the trees can go under the new site plan, and Planner DeBlois explained that the new site plan was approved on the premise that the site was cleared and there were no trees on site; so, they are allowed a little more impervious surface because there is no need to design around the trees, which had been removed illegally. Ken Puttick informed the Board that all he can say is when he purchased the car agency, he was told there was a plan approved to take the trees out and to clear, and he got bids to do so. He did not see the site plan before to know that some trees had to stay and some didn't. Mr. Puttick continued that when he realized he had created a problem, he hired Carter & Associates to do a plan on drainage, etc., and that is the plan that got approved. If he had realized it was not that way MAR 15 1988 86 BOOK 71 Fa.E 255 before, he would gone through the process that got done now being approved the way it is. Mr. Puttick felt if he had done it first, it would have been the way it came out now; so, he did not understand the reason for all this. Commissioner Bird pointed out that if he had gone by the original site plan approved, there still would have been nine trees there. He asked staff if Mr. Puttick had come in to do a new site plan and the trees were still there, if they still would have recommended that nine trees remain and one could be removed. Director Keating confirmed that they would and advised that the site plan approved a few weeks ago is very similar to the one approved when Mr. Ennessy had it. Commissioner Wheeler wished to know why Planning is recommending they plant four pine trees as he felt pines make a mess. Planner DeBlois explained that six oaks and four pines were removed and he simply recommended replacement with trees identical to those removed. He had no problem with requiring all oak trees. Fred Mensing, interested citizen, commented that he is in the land clearing business himself. He noted that Planning has held a seminar on land clearing, and he believed contractors doing this type of work alt know that you need to see some paperwork before clearing. Mr. Mensing, therefore, felt someone else is equally guilty of negligence, and that Mr. Puttick, as the victim of circumstances, should get some relief. Commissioner Bowman agreed we probably should go after the land clearing outfit, and Chairman Scurlock noted that we have authorized staff to readdress the Tree Protection Ordinance just because of this. Commissioner Bird wished to know if we can require replace- ment of some trees as part of the site plan. Director Keating stated that site plan has been approved and meets all the landscape ordinance provisions. Staff just MAR 15 1988 87 BOOK 71 FAGE 256 recommended these additional trees as part of the tree violation. Planner DeBlois advised there were actually about 50 trees on the site, but about 40 were palm trees. Chairman Scurlock believed if you want to park cars there, you certainly don't want to park them under trees, and Planner DeBlois informed him that the oaks and pines that were to be saved on the previous site plan were mostly in the open space buffer areas. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the staff recommendation with the exception that they substitute oaks for the four pines. GOLF CLUB - RATE STRUCTURE REVIEW & RECOMMENDED SUMMER PROGRAM Administrator Balczun reviewed memo from Golf Director TO: Board of County Commissioners DATE: February 10, 1988 FILE: THRU: Charles Balczun County Administrator Joseph Baird Budget Director SUBJECT: FROM: REFERENCES: Bob Koma ri netz Director of Golf PRESENT RATE STRUCTURE REVIEW AND RECOMMENDED SUMMER PROGRAM DESCRIPTIONS AND CONDITIONS I have met with two different groups of county residents within the last month concerning the rate structure at Sandridge Golf Club. After reviewing the present rate structure and revenues thru February 5, 1988, the staff feels that it would be impossible to change the present rates set forth thru April 30, 1988. Analyzing the revenues through that period, we feel that it would not be financially prudent to introduce a special discount program at this time. RECOMMENDATIONS My recommendation is that we introduce the summer rate structure, a copy of which is enclosed. This will satisfy both our financial needs and our county residents. I have listed our year-to-date revenues. Revised estimates are included, that should accommodate the 1987-88 approved revenue budget. 88 MAR 15 1988 BOOK 71 PV)-- 257 SANDRIDGE GOLF CLUB RATE SCHEDULE JANUARY 1, 1988 THRU APRIL 17, 1988 GREENS FEE CART FEES TOTAL 18 HOLES 15.00 2 in a cart -9.00 ea. 24.00 9 HOLES 7.50 2 in a cart -5.00 ea. 12.50 SPECIAL, 18 HOLES WITH CART AFTER 1:00 p.m. 22.00 RESIDENT WITH I.D. CARD 18 HOLES 9 HOLES 13.00 2 in a cart -9.00 ea. 22.00 6.50 2 in a cart -5.00 ea. 11.50 SPECIAL, 18 HOLES WITH CART AFTER 1:00 p.m. 20.00 18 HOLES FULL CART --1 IN A CART 12.00 9 HOLES FULL CART --1 IN A CART 7.50 SPECIAL FULL CART --ADD 3.00 WALKING AND 9 HOLE PLAY PERMI'rru. BEFORE 8:30 a.m. BACK 9 ONLY AND AFTER 2:00 p.m. PRO SHOP HOURS JANUARY AND FEBRUARY 7:00 a.m.-5:30 p.m. DRIVING RANGE CLOSES AT 4:30 MARCH THRU APRIL 7:00 a.m.-6:00 p.m. DRIVING RANGE CLOSES AT 5:00 APRIL 18, 1988 THRU MAY 1, 1988 18 HOLES 9 HOLES GREENS FEE CART FEES TOTAL 9.00 2 in a cart -6:00 ea. 15.00 4.50 2 in a cart -4.00 ea. 8.50 SPECIAL, 18 HOLES WITH CART AFTER 1:00 p.m. 14.00 RESIDENT WITH I.D. CARDS 18 HOLES 9 HOLES ' 7.00 2 in a cart -6.00 ea. 13.00 3.50 2 in a cart -4.00 ea. 7.50 SPECIAL, 18 HOLES WITIH CART AFTER 1:00 p.m. 12.00 WALKING AND 9 HOLE PLAY PERMITTED BEFORE 8:30 a.m. BACK 9 ONLY AND AFTER 2:00 p.m. PRO SHOP HOURS --7:00 a.m. to 6:30 p.m. --DRIVING RANGE CLOSES AT 6:00 p.m. MAY 2, 1988 THRU OCTOBER 31, 1988 WEEKDAY RATES GREEN FEES CART FEES TOTAL 18 HOLES 9.00 6.00 per rider 15.00 9 HOLES 4.50 4.00 per rider 8.50. SPECIAL, 18 HOLES WITH CART AFTER 12:00 p.m. 11.00 RESIDENTS WITH I.D. CARDS 18 HOLES (walking) 7.00 7.00 - 9 HOLES 3.50 3.50 SPECIAL, 18 HOLES WITH CART ALL DAY 9.00 FLAG CARD --18 HOLES WITH CART 10.00 WALKING PERMI'T'TED ANY TIME!! 89 BOOK 71 DU 258 MAR 15 1988 WEEKENDS AND HOLIDAYS GREEN FEES CART FEES TOTAL 18 HOLES 9.00 6.00 per rider 15.00 9 HOLES 4.50 (after 1:00) 4.00 per rider 8.50 SPECIAL, 18 HOLES WITH CART AFTER 1:00 p.m. 11.00 RESIDENT WITH I.D. CARDS (BEFORE 12:00 p.m.) 18 HOLES 9 HOLES 7.00 6.00 per rider 3.50 (after 1:00) 4.00 per rider SPECIAL, 18 HOLES WITH CART (AF'ihR 12:00) FLAG CARD --18 HOLES WITH CART AFTER 12:00 p.m. NO WALKING UNTIL AFTER 1:00 p.m. JUNIORS --17 YEARS OF AGE OR UNDER JANUARY 1st THRU APRIL 17th, 1988 APRIL 18th THRU OCTOBER 31, 1988 13.00 7.50 9.00 10.00 WEEKDAY WEEKEND AFTER 2:00 p.m. AFTER 2:00 $1.00 ANYTIME AFTER 2:00 $1.00 ANY OTHER TIMES NOT SPECIFIED NORMAL GREENS FEE WILL APPLY!!! PRO SHOP HOURS --7:00 a.m.-6:30 p.m. --DRIVING RANGE CLOSES AT 6:30 p.m. OTHER SERVICE RATES COUNTY RESIDENTS I.D. CARDS--$25.00--AFTER APRIL 15th --$15.00 I.D. CARDS EXPIRES SEPTEMBER 30, 1988 COUNTY RESIDENT I.D. CARD HOLDERS ADDITIONAL DISCOUNTS 1) HANDICAP SERVICE --$3.00 2) DRIVING RANGE CLUB --$12.50 3) 10% DISCOUNT ON PRO SHOP MERCHANDISE ON PURCHASE OF $20.00 OR MORE. RENTAL CLUBS --18 holes --7.50 9 holes --4.50 DRIVING RANGE BALLS --small bucket $ 1.00 Driving Range Club --20 buckets $15.00 PULL CARTS --$1.00 STARTING TIMES TAKEN 48 HOURS IN ADVANCE GOLF LESSONS AVAILABLE BY APPOINTMENT ALL RATES SUBJECT TO 6% FLORIDA STATE SALES TAX 90 MAR 15 1988 i6._ BOOK 71 Chairman Scurlock felt that from what he hears what seems to have everyone aggravated is paying $25.00 for a County Resident card. We, of course, want the golf course to be self- supporting; so, he wished to know what impact it would have if we got rid of the card and simply said bring in your driver's license or voter's registration, etc., to prove county residency. Director Komarinetz noted it isn't the money obtained from the cards that is important; it is the need to make it simple for staff to determine who is a county resident. Commissioner Eggert believed a lot of people have Florida driver's licenses who are not Florida residents. The Chairman asked how much money we took in on the $25.00 charge for the cards, and Director Komarinetz stated only about $3,500 to date. He informed the Board that this card was a recommendation from the National Golf Foundation, but he felt possibly the $25.00 charge may be too high. He emphasized that we are not looking to make money from the card per se. Commissioner Bird felt that the actual issuance of the card does help staff quite a bit and saves time, and he would rather see us tower the price of the card to $10 or $15 than do away with it. Chairman Scurlock noted if that is a possibility, he would like to try it, and he further believed that the majority feel that there should be a wider separation in rates between residents versus non-residents, even to the extent that if they had to pay a little more in the summer, they would be supportive of that, and he would like to take another look at the differential between resident and non-resident. Commissioner Bird reported that right now a county resident will pay about $23.00 in the winter and $9.00 in the summer. He agreed that is a big spread and possibly, they should pay a little more in the summer and something Tess in the winter. Director Komarinetz advised there is also a "FLAG" card which is offered in most golf courses throughout Florida, with 91 MAR 15 1988 BOOK 71 FA E.26O which card you can play golf for $10. The county card gives even a little better break, and we offer both the "FLAG" card and county resident card. In winter it is the volume that is important, and we are looking to put the maximum amount of players on the course. Chairman Scurlock believed in the summer months, they have had a negative cash flow of $15,000 a month; so, if you don't bring in the revenue during the winter, the negative summer flow catches up with you real quickly. Commissioner Bird agreed that actually is what is happening right now, and even though the rates do seem high, the fact of the matter is that the golf course is playing 220-260 players a day at $25 a person. Those players are tickled to death to have the facility available and are not complaining about the rates, and it is enabling the course to generate a tremendous amount of revenue during the prime winter months to carry us over the slow summer months when we can afford to let local people play at very reasonable rates. Commissioner Bird felt what Director Komarinetz has done is taken his yearly budget and projected what he needs to come out with a balanced budget. He, therefore, would like the Board to approve the Golf Director's recommendation and possibly give some consideration to lowering the price of the card to $10 for the summer instead of $15, but finish out the fiscal year we are in now and with these thoughts in mind in the next fiscal year take a look at the overall rates, and maybe there can be some adjustment in the winter for county residents. e 1988 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the Golf Director's recommendation to introduce the summer rate schedule and Commissioner Bird's suggestions as set out above. 92 BOOK - 71 Fr! CE 261 DIVING RIGHTS AT GOLF COURSE Administrator Balczun reviewed the following: TO: Members of the Board of County Commissioners DATE: March 3, 1988 FILE: THRU: Mr. Charles Balczun SUBJECT: Diving Rights County Administrator FROM: Bob Komarinetzk•l/ REFERENCES: Director of Gol DESCRIPTION AND CONDITIONS It is a normal practice of golf courses to contract out the Diving Rights to retrieve ,golf balls frau the lakes on the course. As explained in the attached contract this will be an additional revenue source for Sandridge Golf Club. RECOMMENDATION I have known International Golf Co. and their reputation for many years and recommend that we contract for their services. ON MOTION By Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the contract with International Golf Co. to retrieve golf balls. SAID CONTRACT WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED AND RECEIVED. GOLF PRO SHOP PURCHASES Administrator Balczun reviewed the following: 93 111AR ib 1988 BOOK 71 [Au -262 TO: Board of County Commissioners DATE: March 7, 1988 FILE: FROM: Charles P. Balczun County Administrator SUBJECT: REFERENCES: GOLF PRO SHOP PURCHASES BACKGROUND As part of its services to customers, Sandridge Golf Course offers golf related merchandise for sale to the public. Merchandise must first be purchased by us. A question arises as to whether our purchases of merchandise should be let out for bids. ANALYSIS There are essentially two methods for acquisition of this merchandise contracts resulting from bidding or direct purchases. A retail operation of this nature as well as the array of brand names do not lend themselves to bidding. Additionally, it is virtually impossible to develop specifications for an item which is unique (i.e. a Titleist golf ball is a Titleist golf ball and obviously is not any other kind of golf ball )• Our objective is to provide a reasonable variety of golf related items for retail sale. RECOMMENDATION I request that the Board of County Commissioners concur with me that such purchases be exempted from our normal bid requirements pursuant to the provisions of Section 2-2a of our Purchasing Procedures. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously agreed to exempt the pro shop purchases as described from our normal bid requirements as recommended by staff. SEA OAKS PRD - REQUEST FOR WAIVER OF FLOOD PLAIN DISPLACEMENT REQUIREMENT The Board reviewed memo of Drainage Engineer David Cox: 94 16._MAR 15 1988 Bog 71 FACE 263 TO: Charles P. Balczun DATE: February 26, 1988 FILE: County Administrator THROUGH: James W. Davis, P.E. Public Works Directo FROM: Dave Cox +- Drainage Engineer SUBJECT: Request for Waiver Flood Plain Displacement Requirement Ordinance 87-12 Sea Oaks PRD REFERENCES: Letter from Kevin McAdams, P.E., Beindorf & Associates 12/23/87 DESCRIPTION AND CONDITIONS Beindorf and Associates on behalf of the developer of Sea Oaks PRD is requesting a waiver of the "Cut and Fill" balance requirement of the Stormwater Management and Flood Protection Ordinance. Sea Oaks PRD received conceptual PRD Plan Approval from the Board of County Commissioners at their regular meeting of February 23, 1988 and is located between the Indian River and SR A1A approximately one mile South of CR 510. The Engineer for the project states 7,200 cubic yards of fill would be placed below elevation 4.0 ft. within the 100 year flood plain of the Indian River. ALTERNATIVES AND ANALYSIS Since the Indian River in this location is an estuarine environment, and the project engineer has stated that all other design requirements of Ordinance 87-12 will be met, staff has no objection. RECOMMENDATION Staff recommends that a waiver to the flood displacement requirement be granted to Sea Oaks PRD. Commissioner Bowman questioned the cumulative effect of granting such waivers, and Public Works Director Davis advised that they have asked St. Johns River Water Management District about this but they don't really have a handle on it. They feel that in a lagoon type situation that filling some of the fringes will not have a negative impact on the flood plain itself. Commissioner Bowman believed eventually we may regret this and wondered if we should be so eager to allow these exceptions. Director Davis explained that they used the language from a model flood plain ordinance that was developed through the University of Florida dealing with the filling of flood plain areas around a river. Then we got tremendous comments from local engineers saying that since we have such a wide lagoon type MAR 15 1988 95 BOOK 71 FK,E2G4 system in the Indian River, the language really is not that applicable, and we went with this waiver. Director Davis believed it will take St. Johns to look at the multi -county area to determine the overall effect. Commissioner Bowman felt possibly the Marine Resources Committee should look into this. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously granted a waiver of the flood displacement requirement to Sea Oaks PRD. PURCHASE OF DOT TYPE III ASPHALT FROM ASPHALT PAVERS, INC. The Board reviewed memo of the Public Works Director: TO: Charles P. Balczun, County Administrator FROM: James W. Davis, PE Public Works Director SUBJECT: Request to Purchase DOT Type III Asphalt from Asphalt Pavers, Inc. REF. LETTER: Letter dated March 7, 1988 to Albert VanAuken from Asphalt Pavers, Inc. DATE: March 8, 1988 DESCRIPTION AND CONDITIONS Asphalt Pavers, Inc., Ocala, F1., is resurfacing I-95 under DOT contract north of SR60. A temporary asphalt plant has been constructed on 98th Avenue to serve this project. In speaking with the Company's project manager Asphalt Pavers will resurface County road with DOT Type III asphalt for $34/ton. The current County contract is $36.15/ton (Dickerson Florida, Inc) and $35.15/ton(MacAsphalt) in the North County only. At the present time, the Road and Bridge Division has approximately $352,000 (balance on 2-25-88) budgeted for paving materials. The following resurfacing projects are needed: Lindsey Road - 58th Avenue to US 1(2.3 miles) Cost = $60,000 Lateral "A" Road - SR 60 to Cherry.Lane Cost = $30,000 Miscellaneous Small Jobs - $14,000 96 MAR 15 1988 BOOK 71 F., E265 ALTERNATIVES AND ANALYSIS The county advertised for annual bids in October, 1987. At that time, the new asphalt plant was not in the County. Staff presents the following alternatives: Alternative No. 1 Re -advertise for bids and select low bidder. Cancel the current annual bid if lower bids are received. Alternative No. 2 Purchase Type 3 asphalt in place for $34/ton Pavers, Inc. RECOMMENDATIONS AND FUNDING It is recommended that staff be authorized to Pavers, Inc. without re -surfacing of Lindsey (66th Avenue), and various from Asphalt Alternative No. 2 be approved and that purchase Type 3 asphalt from Asphalt going to bid Also, authorize the Road and portions of Lateral "A" road small projects. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved Alterna- tive No. 2; authorized staff to purchase Type 3 asphalt from Asphalt Pavers, Inc., without going to bid; and authorized the resurfacing of Lindsey Road and portions of Lateral "A" (66th Ave.) and various small projects. PROPOSED ACQUISITION OF NORTH BEACH WATER COMPANY Utilities Director Pinto reviewed the following: 97 (BAR 15 198 BOOK 71 F`H266 TO)3oard of County CommissionerOATE: March 8, 1988 FILE: SUBJECT: PROPOSED ACQUISITION OF NORTH BEACH WATER COMPANY FROM: CHARLES P. BALCZUN REFERENCES: COUNTY ADMINISTRATOR BACKGROUND The North Beach Water Company currently serves approximately 500 customers on the north barrier island with a plant currently capable of producing 500,000 gpd with potential to produce 2.5 mgd. Under the terms of the company's franchise agreement, the county can purchase the system in 1990 for approximately $5.6 million. The Utility wishes to sell the system now and as a result, the County has been negotiating its purchase. The negotiated price at this time is $3.1 million. ANALYSIS The County's policy has been to acquire such privately held utilities and to expand its regional and sub -regional water and wastewater facilities. Acquisition of this system will assist us in implementing that.policy. Acquisition costs are to be financed by issuance of long term debt instruments underwritten by a surcharge of approximately $13 per month per customer. Since customers of the company now pay approximately $13 per month less than the County's own custo- mers, the surcharge would result in customers of the private utility, subsequent to acquisition, paying approximately the same as current County customers. RECOMMENDATION Conceptually approve the proposed purchase agreement and schedule the statutorily required public hearing. Commissioner Bird felt that conceptually it would seem it would be a good deal, but he understood the process requires a public hearing, and hoped at that time we would have a chance to develop some additional information, such as some type of appraisal, etc., to verify this is a justifiable purchase price. Chairman Scurlock advised that we have done all those appraisals on the system. The original cost of the system was almost 6 million, and while we very much disagreed they should 98 MAR 15 1988 BOOK 71. FME267 have spent that much, it was documented. Under the franchise agreement entered into, purchase times are set out in the 7th and 12th years. There was a depreciation allowed of 31% per year up to 2L%, which would have allowed us to acquire the system in the 7th year for 3.64 million, and we negotiated from their 6 million figure way down to 3.1 million. Utilities Director Pinto noted that the statute we have to follow to purchase a utility under Chapter 125.341 sets out very specific criteria which we must establish to justify the purchase. Chairman Scurlock advised that on these acquisitions we have made two commitments; the first being that any acquisition would not have any adverse impact on the existing customers, and secondly, that the rate structure presently charged would be maintained as much as possible, or possibly reduced, and that is where we came up with the maximum surcharge of $13.00. He advised that we have a meeting scheduled with the property owners. Director Pinto noted one other important point that we run into with all private utility companies is that their rate structures are lower because they are heavily subsidized by the developers; so, you are not looking at what the real numbers would be if that developer were to pull up stakes and leave. He noted that on two occasions the North Beach Water Company has been in for a proposed rate increase which never got going, and they are presently losing about $40,000 a year. Commissioner Bird asked if it is their philosophy on these acquisitions that the existing customers by the surcharge will pay for the system without negatively impacting the other users of the county utility system. Chairman Scurlock stated absolutely and noted that in this case that customer is mainly the developer. Sea Oaks only has 140 units sold and the balance of the 1500 ERUs reserved basically is the developer. MAR 15 1988 99 No71 FACE 268 Commissioner Bird asked if the $13.00 surcharge causes the existing customers to pay more than they are paying presently. Chairman Scurlock explained that their present base facility charge is significantly higher than ours, their consumption charge is higher than ours, and the county structure is broken down a little differently. Based on 10,000 gallons usage, which is low for the beach, you have a differential of about $3.00 a month, but as the usage goes up they will actually see a reduction based on 25,000 gallons. Commissioner Eggert hoped as we are taking these systems in that staff is looking at the total affect on our system over the years. Director Pinto confirmed we are having an accounting firm do a full blown study and set up a computer program to look at rate structures in accordance with proposed debt service over 20 years. Chairman Scurlock felt one significant thing this will accomplish is that the entire barrier island will have a governmental entity to look to for reliability of service. Another factor is that with utilities you have a certain ability to control and plan for your growth on the island. He further noted that we have a significant disagreement with North Beach Water on their line extension policy and this will eliminate that problem. Commissioner Bird asked if it will be demonstrated at the public hearing whether we anticipate we can operate the system within our overall system at a profit or a loss. Director Pinto advised that it will be demonstrated that it can carry itself, and Chairman Scurlock confirmed the rate structure will carry itself and the surcharge is for the funding source for the acquisition. Commissioner Bowman asked how large an area a potential 2.5 million gpd will serve, and Director Pinto believed that should serve all the way to the inlet if the densities don't change. 100 MAR 1.5 1988 BOOK 71 F' E 269 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously gave conceptual approval of the contract with North Beach Water Company and authorized staff to schedule the required public hearing for April 12, 1988. SELECTION OF LIBRARY SITE Commissioner Eggert discussed the recommendations of the Library Advisory Board and the Site Subcommittee, as follows: MEMORANDUM TO: Board of County Commissioners FROM: Commissioner Carolyn R. Eggert Chairman, Public Library Advisory Board DATE: March 10, 1988 SUBJECT: Public Library Advisory Board's Recommendations for Main Library Site On March 9, 1988, there was a meeting of the Public Library Advisory Board who made the following recommendations, in order of their priority, for the main library site: 1. Indian River Boulevard/South (across from Fairlane Harbor) 2. Catron Site - Configuration 2C 3. Catron Site - Configuration 2A 4. Catron Site - Configuration 2B 5. MacArthur/Davis Site 6. Civic Arts Center Site 7. Indian Oaks 8. SR #60 & 28th Avenue 9. Indian River Boulevard North Site (across from Power Plant) 10. Old Jail Site 11. Grace Lutheran Church Site 12. Proposed Health Department Site The Public Library Advisory Board kindly requests that the Board of County Commissioners review their recommendations and make the final selection. Commissioner Eggert requests that three sites in at least two different locations be chosen and ranked so that if the first site does not work out, the Board can go to the second. 101 BAR 15 1988 800K 71 FA,,E 270 MEMORANDUM TO: Board of County Commissioners and Public Library Advisory Board FROM: Commissioner Carolyn K. Eggert Chairman, Public Library Advisory Board DATE: March 9, 1988 SUBJECT: Library Sites On March 22, 1988, the Site Subcommittee ranked the library sites as follows: Site Acres Zoning 1. Catron Site (Alt.B) 2. Catron Site (Alt.A) 3. Catron Site (Alt.C) 4. IR Blvd.S. (Fairlane) Land + Demolition /Total or Lot 3.0 POI** $850,000/$968,400 5.0 P0I/R-1*** $750,000+70,000/938,400 3.5 POI/R-1*** $650,000/768,400 $400,000 to 500,000/ 3.8/5 RM -10 584,400 5. MacArthur/Davis 4.69 6. Civic Arts Ctr. Flex. 7. Indian Oaks 4.0 8. IR Blvd.N. 2} + (Power Plant) 9. Grace Lutheran R-2;RM 10/12 $1,200,000/1,334,400 P-2 $ -0- /276,300 CL POI;RM- 2 10* 2.09 on site 10. SR60/28th Ave. 3.8 11. Old Jail Site 12. County Health Department Site R-2;RM- 10/12 & C2 -A POI;R-1*** 4.28 R-1(to be rezoned) 3.2 H; R-1*** $400,000/571,000 + traffic costs $810,000/894,400 $710,000 + 82,000/ 900,300 $650,000/760,400 $ -0- /360,800 $110,000/190,900 * Total includes land plus onsite/offsite preparations and improvements (rough estimates only). Requires amendment to POI ordinance - about two months if approved. Requires amendment to POI ordinance; Comp Plan amendments and rezoning - about five months if approved. 102 MAR 1$ 1988 BOOK. - 71 p, -r 271 Commissioner Eggert informed the Board that the Public Library Advisory Board at this point favors building a one-story library because of being restricted to 35,000 sq. ft. To make it two-story would take our assignable space down to about 25,000 sq. ft. instead of 28,000. They liked the two story building when they were looking at the downtown site and thought they possibly could go up to 40,000 sq. ft. She continued that to be able to build a 35,000 sq. ft. library and have sufficient parking they will need 3.08 acres. This will allow no expansion. Four acres would allow them to expand to a 50,000 sq. ft. building with appropriate parking. They have budgeted $750,000 for land, and if they choose a parcel more expensive than that, it will have to come out what is allotted for such things as furniture or computers. Commissioner Eggert advised that the estimations for building are based on a cost of 70 per sq. ft., which is adequate but in no way Tush, and impact fees also must be considered. Commissioner Eggert then reviewed the starred items and went over the various time periods involved with parcels that would have to be rezoned or would require Comprehensive Plan amendments. She stressed that the zonings, the cost, and the 35,000 sq. ft. single story library are the most important things to keep in mind. She then asked Planner Stan Boling to review the various parcels briefly. Planner Boling proceeded to review the following sites: MAR 15 1988 103 goo' - 71 rAuE.272 CJI w 1 0 v 1,1 Site (1) Grace Lutheran Block [property owners: Grace Lutheran Church; Nancy Moon]. Frontage Major Rd: 21st Street (260'); frontage on 22nd Street, 16th and 17th Ave. Activity Center: Downtown Acreage 2.09 on-site; .9 available off-site for parking; Total useable = 3 acres. 2 story library POTENTIAL MAIN LIBRARY SITES [35,000 sq. ft. facility] Zoning R-2; RM -10/12 and C2 -A. Library use allowed, no changes necessary. Land Use Compatibility In mixed area: single & multi- family res., churches, offices and commercial. On-site/Off-Site Preparation -trees to preserve fill: minimal alley to abandon possible utilities relocation (water and wastewater traffic: widen intersection radii, provide sidewalks remove structures (church, houses, businesses) tenant lease problems **Note: T.I.F. credits would apply, Costs a) land acq: b) razing: (lib. site and parking site) c) fill: d) utilities: relocation e) traffic/ sidewalks f) util. fees: g) traffic fees: h) other (tenant lease buyout): Estimated Total: $710,000 - S792,000 82,000 12,000 13,000 20,000 2,500 60,800** unknown $900,300 + tenant costs/ $930,700* + tenant costs reducing or eliminating impact fees charged (2) Catron Note: Parcel configuration flexible: Three basic alternatives. Major Rd: S.R. 60 (326' to 615'); frontage on 23rd and 25th Ave.; 19th Street front- age available. Activity Center: S.R. 60 Corridor Alt. A (5.1 acres POI/R-1) Alt. B (3.0 Acres POI) Alt. C (3.5 acres POI/R-1) 3.0 to 5.1 available on site: ALT: 5.1 ac. ALT: 3.0 ac. (2 story rec.) ALT: 3.5 ac. P.O.I. in north i; R-1 (single- family) in south Library use currently not allowed. Changes necessary: City Rezoning and/or Zoning Text amendments. $750,000 land cost + 70,000 addt'l lot = $820,000 $850,000 land cost [NOTE: small parcel with 50' building setbacks] $650,000 land cost NOTE: Within single- family neighbor- hood. Some office/commercial uses front S.R.60 in the area. Com- patibility with single-family neighborhood questionable. trees to preserve, exotics to remove fill: some needed traffic: depending upon alternative S.R 60 turn lane and decl lane 25th & 23rd Ave. widening sidewalks possible signalization at S.R. 60 a) land acq: 650,000/750,000/850,000 b) addt'l lot (Alt. A only) 70,000 c) utilities: d) traffic/ sidewalks: 50,000 e) util. fees: 7,600 f) traffic fees: 60,800 Estimated Total: Alt. A $938,400/$968,800* Alt. B $968,400/$998,800* Alt. C $768,400/$798,800* figures for on-site/off-site preparation and improvements are rough estimates only. *projected T.I.F. increase Site Frontage (3) MacArthur/Davis Major Rd: 20th Street (south leg of Twin Pairs: 645') 320' on 10th and 9th Avenues; 645' on 19th Street. Activity Center: Twin Pairs Corridor. LEA22 4.69 acres (entire block) POTENTIAL MAIN LIBRARY SITES [35,000 sq. ft. facility] Zoning R-2; RM -10/12, Library use allowed, no changes necessary. Land Use Compatibility In mixed area: single and multiple family residential; offices and commercial. On-site/Off-Site Preparation fill: probable substantial amount needed traffic: 9th Ave. and 19th Street paving, possible 10th Ave/20th St., intersection improvement, provide sidewalks. Costs a) land acq: b) fill: c) utilities: d) traffic/ sidewalks: e) utility fees: f) traffic fees: $1,200,000 16,000 50,000 7,600 60,800 Estimated Total: $1,334,400/$1,364,800* (4) Old Jail Site Major Rd: 17th Ave. (*425'). Activity Center: 16th Street School/ Recreation Area. *4.28 acre area (ex- cludes other surrounding user areas such as the Sunshine Rehabili- tation Center and Vol. Ambulance Squad). R-1 (single- family); Library use not currently allowed. Necessary change: City Zoning text amendment. Note: City may initiate re- zoning to institutional use district. In mixed area: single and multiple family residential, public and institutional uses. - fill: some needed - remove structures (jail and other buildings) - traffic: a) land acq: $ 0 b) fill: 12,000 c) utilities: d) traffic/ sidewalks 3,300 e) utility fees: 2,500 f) traffic fee: 43,000 g) raze structures/ landfill: 300,000 Estimated Total: $ 360,800/$382,300* . NOTE: figures for on-site/off-site preparation and improvements are rough estimates only. *projected T.I.F. increase 1 m trq CLD 00 00 0i Site (5) I.R. Blvd. North (across from Power Plant). Site includes City site (2.5 acres) in combi- nation w/one of two other parcels: -Bradley: [3.0 acres on 17th St.) -Papin: (2.0 acres on 18th St.). NOTE: Bradley does not wish to sell for a library use. Frontage Major Rd: I.R. Blvd. (*615') & 17th St. (260' to 585'); frontage on 18th St. (325') available with Papin property. Activity Center: I.R. Blvd. Corridor. Acreage City/Bradley comb. = 5.5 acres. City/Papin comb. = 4.5 acres. Irregular shape. POTENTIAL MAIN LIBRARY SITES [35,000 sq. ft. facility] Zoning POI and RM -10 Note: site comb. splits City/County jurisdiction. County juris. zoned RM -10 allows library; City zoned P.O.I. does not. Necessary change: City zoning text amendment. Land Use Compatibility In mixed area: multiple family & mobile home residential, heavy public utilities uses, commercial. On-site/Off-Site Preparation - fill: some needed - utilities: - traffic: Costs a) land acq: City Site: Bradley (est.): Papin (est.): City/Bradley: City/Papin: b) fill: c) utilities: d) traffic/sidewalks: e) utilities fees: f) traffic fees: $600,000 315,000 210,000 $915,000 810,000 16,000 Unknown 7,600 60,800 Estimated Total: City/Bradley: $999,400/ $1,029,800* City/Papin: $894,400/ $924,800* (6) I.R. Blvd. South (across from Fairlane Harbor) Major Rd: I.R. Blvd. (500'). Activity Center: I.R. Blvd. Corridor. 3.8 acres useable area of total 5 acre parcel. RM -10/12. Library use allowed. No change necessary. In mixed area: multiple family, single-family and mobile home res., heavy utilities uses, commercial. - fill: some needed - utilities: - traffic: - appraisal needed to settle selling price. a) land acq (est.): $400,000 b) fill: c) utilities: d) traffic/sidewalks: e) utilities fees: f) traffic fees: to $500,000 16,000 Unknown 7,600 60,800 Estimated Total: $584,400/$614,800 NOTE: figures for on-site/off-site preparation and improvements are rough estimates only. *projected T.I.F. increases -a Ca CDQ lowat --9 IND Site (7) SR 60/28th Ave. (north side of SR 60) Frontage Major Rd: S.R. 60 (263'); 28th Ave. (627'). Activity Center: SR 60 Corridor. Acreage 3.8 acres POTENTIAL MAIN LIBRARY SITES [35,000 sq. ft. facility] Zoning POI and R-1 (single-family res). Library use not allowed. Necessary change: City rezoning and/or City Zoning text amendments. Land Use Compatibility Predominently single- family res. area. Compatibility with single family homes is questionable. On-site/Off-Site Preparation Costs - fill: some needed a) land acq: - utilities: b) fill: - traffic: c) utilities: - remove structure: d) utilities fees: residence e) traffic fees: f) traffic/sidewalks: $650,000 12,000 7,600 60,800 30,000 Estimated Total: $760,400/$790,800* (8) Indian Oaks (portion of proposed comm. subd. located on south side of SR 60, east of 58th Ave). Parcel config- uration flexible. Major Rd: SR 60 (280'); possible frontage (400' to 600') on future subd. road. Activity Center: SR 60 Corridor. 4.0 to 4.5 acres. CL (limited commercial). Library use allowed. Vacant; planned for limited commercial and office uses. - fill: needed - utilities: (infrastructure improvements needed) - traffic a) land acq: b) fill: c) utilities: d) traffic: e) utilities fees: f) traffic fees: $400,000 16,000 100,000 Unknown 6,000 49,200 Estimated Total: $571,200 + traffic improvements/ $630,300* + traffic improvements NOTE: figures for on-site/off-site preparation and improvements are rough estimates only. *projected T.I.F. increase Site (9) County Admn. (behind Co. Admn. Bldg.). Frontage Major Rd: 27th St. (±560'); Activity Center: Current Administration Bldg. area. Acreage 3.2 acres contiguous (w/r-o-w aband). Irregular shape: plus 0.9 acres adjacent for overflow parking. Total use- able: 4.1 acres. POTENTIAL MAIN LIBRARY SITES [35,000 sq. ft. facility] Zoning H (Hospital, institutional) and R-1 (single family res.). Library use not allowed. Necessary change: City re- zoning or City Zoning Text Amendment. Land Use Compatibility In mixed area: single family res., institu- tional, commercial nearby. On-site/Off-Site Preparation - fill: some needed - r -o -w to abandon - structures to remove: small residential - traffic: - utilities: Costs a) b) c) d) e) f) g) land acq. razing fill utilities traffic/sidewalks utilities fees traffic fees S110,000 (max. set. costs) 500 12,000 Unknown 7,600 60,800 Estimated Total: $190,900/$221,300* + traffic/sidewalk costs (10) Civic Arts Center (Mem. Island). Major Rd: Beachland Blvd. (entire Arts complex). flexible; "to meet Co. needs". P-2, park district. Library uses allowed. In institutional uses area. - fill: some needed - utilities - traffic a) land acq. b) fill: c) utilities: d) traffic/sidewalks: e) utilities fees: f) traffic fees: $ 0 $100,000 to $150,000 Unknown 7,600 118,700 Estimated Total: $276,300/$276,300* + traffic/sidewalk costs NOTE: figures for on-site/off-site preparation and improvements are rough estimates only. *projected T.I.F. increase 1) Grace Lutheran Parcel - Planner Boling noted we would want the entire block cleared and the tenant problem still exists in the corner stores. Commissioner Eggert asked if Planner Boling had rechecked and still feels the space is too tight to put in a 35,000 sq. ft. building and allow those stores to stand, and Planner Boling confirmed that is his opinion. Chairman Scurlock asked if he felt it still would be too tight if they used the Baptist Church parking, and Planner Boling stated it would be very difficult; it could be done, but you would run very tight on your open space and while you could meet the minimum parking required by the City, you could not have as much parking as the library consultant advised. The Chairman noted that when the stores are gone, you would have the parking, and Planner Boling agreed ultimately you could do it. Commissioner Eggert commented that leaving the stores also affects how you would place the library, which may or many not be of concern. 2) Catron Parcel - Planner Boling reported that the owner is now flexible about the amount of site that could be used for the library, and there are three options with varying frontages on SR60 and accesses on 23rd and 25th Avenues. 3) McArthur/Davis Parcel - the asking price of 1.2 million is the same, and they do not wish to sell any less than the entire site. The Chairman felt that site is out based on price. 4) Old Jail Site - this is a little over 4 acres and would accommodate any of the plans or expansion to 50,000 sq. ft. The Chairman asked if that site has access to 20th Avenue, and Chairman Eggert confirmed that it does. 109 L»VARi5 1988 BOOK 71 FA ,i 7S 5) I.R.Boulevard North - This is part of the City property that was considered with The Promenade, and other parcels adjacent to it would have to be acquired. Mr. Bradley, owner of an adjacent three acres, is not interested in selling them for library use, and as far as dealing with willing sellers -at this point, the configuration is very difficult to work with, as well as the asking price. 6) I.R.Boulevard South - This parcel is also within the City and located across from Fairlane Harbor. The entire site is shown to be 5 acres, but that includes some of the canal and road R/W, and staff feels about 3.8 acres is available. Commissioner Eggert commented that Public Works Director Davis felt we would have to take very careful soil borings and we might need a tremendous amount of fill. If we had to go to pilings, there would be a 9-10o increase in the actual construction cost. Chairman Scurlock suggested we eliminate that site. 7) SR60/28th Ave. (west of child care center) - There is an existing house on the site, which is zoned R-1 in the back and P.O.1. in the front along SR 60. Commissioner Bird noted that we have not heard much discussion about this and asked about the configuration of the site. Planner Boling advised that you have a 50' setback from the residential property in the rear, and there is also a 75' setback from SR 60. 8) Indian Oaks (south of SR60, east of King's Highway) - Chairman Scurlock felt this parcel is too far west and suggested it be eliminated. Commissioner Bird agreed it is too far from the beach residents. WAR 15 1988 110 Fr BOOK 71 : 279 9) County -owned parcel behind Administration Building - This is a triangular shaped piece with some condemnations to be settled. Commissioner Eggert believed this is an extraordinarily difficult site, and could be eliminated as far as she is concerned. Commissioner Bird agreed that we need to keep this property for future governmental purposes. 10) Civic Arts Center (City owned property at Memorial Island) - Chairman Scurlock stated this could be eliminated as far as he is concerned, and Commissioner Eggert advised that she has received a petition with about 500 signatures of those opposing the Civic Arts Center site. (Said petition is on file in the Office of Clerk to the Board.) Chairman Scurlock suggested that the Board cull the list to eliminate sites they feel are not worth further consideration. Commissioner Bird was not sure he would rule out the Indian River Boulevard south location entirely, but if he put it in, he would want some in depth consideration by experts of just how buildable it is since it is awfully low. He actually was not that enthusiastic about the site. Board members agreed this site should be ruled out. Commissioner Eggert asked if the Board wished to leave in all three Catron site alternatives, and Chairman Scurlock wished to leave in only Alternative C, the least expensive. Commissioner Bird asked if there is any possibility of negotiation to better the price. Attorney Vitunac advised that some very hard negotiations were carried on last time, and all three property owners in the final running refused to budge another inch on the price. However, it is possible some things may have changed since then. Commissioner Eggert noted we still have to have an appraisal and a public hearing and no matter what we do, she trusted we 111 MAR 15 1988 L BOOK 71 FnE 2S0 would base our closing on this property on being able to accomplish any of the zonings, etc., and an approved site plan. Commissioner Bird suggested that on the Catron site they pick out the configuration they want, state the price they can afford to pay, and then negotiate. Chairman Scurlock felt the biggest problem with that site is that we have no assurance we can build a library there for the next 6-8 months, and Commissioner Bird agreed a contract would have to be made contingent on rezoning, etc. Commissioner Eggert noted that what she would like the Board to do at this time, if they wish to choose three sites, is make sure they are at least in two different locations. Chairman Scurlock stated that as one Commissioner he would pick the Grace Lutheran site as his first choice, the Old Jail site second, and the least expensive Catron site third. Commissioner Bowman believed we need the four acres. She was sure we will eventually have to expand the library to 50,000 sq. ft., and did not feel it would be economical to put ourselves on a small plot where we cannot expand. There are only a few sites that provide 4 acres, and we have eliminated Indian Oaks because it is too far west. She, therefore, would consider only the Catron site and the old Jail site, and since she wanted to put the least money on the real estate and keep the most for the building and the equipment, she would rank the jail site first. Commissioner Eggert, in fairness to the people on the Library Planning Committee and the Site Committee, wished the Board to be aware that while former Commissioner Pat Lyons is supportive of the old Jail site, the rest of the members would like to see almost any site but the old Jail. Their reasons are that they are concerned about vandalism in that area and drugs and concerned that after 2:30, when school lets out, the library will become a babysitting association; also, it is felt there are enough books in that area right now. She stressed that the committee feels very deeply about this, but it seems Police Chief AVIA R 15 1988 1 1 2 BOOK 71 F'nF 281 Gabbard does not share these concerns, and many people with young families feel this is the best location. Commissioner Bowman felt you will have drugs and vandalism and all these problems no matter where you go, and Commissioner Wheeler believed these concerns are management problems. Commissioner Wheeler had a question about showing a zero for property value for the jail site when you approve a bond. His point is that there is some value on that property, and he would like to know what it is. Commissioner Eggert advised that it has been carried at a value of $400,000 for insurance purposes. Discussion continued at some length regarding the time delay that would be related to the rezoning required for the 5 acre Catron site and the fact that we would have to buy an additional lot with that site for an estimated $70,000. Commissioner Wheeler stated that other than price, he did not see any advantage to putting off this decision. He expressed his preference for the Old Jail site for various reasons, i.e., to get rid of the old jail, because the site is adjacent to schools and in the hub of the downtown area, and because the price is right. He was willing to make a Motion to choose the old Jail site, and stated the only way he would back off from that site would be if people would be a lot more serious about negotiating price on the Catron property. He felt the Catron site is better except for price, but believed people will go to the library no matter where it is. Commissioner Bird agreed that people want to go to the library, but felt the Jail area is congested already with the two schools and with all the school activities. He also did not feel the access is that great. Considerable discussion continued about the advantages and disadvantages of the Jail site, and Commissioner Wheeler agreed there is some validity to the argument about congestion but felt that could be alleviated. As far as the other concerns about 113 MAR 15 1988 BOOK - 1 28 baby-sitting, vandalism, etc., he reiterated that is a management or police problem and he did not see any abnormal amount of vandalism in that area. Commissioner Bowman noted that she would rather see kids hang out in a library than in video centers. Chairman Scurlock still favored the Grace Lutheran site, but did not believe that will happen; so, he liked the Jail site as his second choice. Commissioner Bird felt the Grace Lutheran site is too small. Nancy Moon, owner of the Grace Lutheran site, came before the Board, noting that she has never spoken to the Board before, but she has heard some comments made that the first site would have gone through if it wasn't for her. Board members did not feel that had been said, but Chairman Scurlock confirmed that he personally had commented to Mrs. Moon that if she hadn't gone back on her original offer, the Board had already made their decision. Commissioner Eggert interjected that she had made an error before that last vote, which was that in considering that site originally, she just plain forgot to include the traffic impact fees. It seems those amount to a sum of $138,000, and that would have made a big difference to her pricewise in the site in the first place. Mrs. Moon noted that besides expenses, which she does not know about, she still felt the same reasons the Board voted in favor of the Grace Lutheran site before still exist now. The only thing standing in the way before were the leases, and that has changed and there has been a reduction in price from the amount voted on before. She further noted that one thing that wasn't taken into consideration was an additional $50,000 that would be received by the county from the leases as they exist. Mrs. Moon emphasized there was tremendous support of this location from all factions. Every member of the City Council still stands by that site, and from the date the Board voted on GEAR 15 1988 1 1 4 BOOK- 71 mE 283 it in November, a lot of things have happened downtown just because of a promise of a commitment from the county. The Redevelopment Committee was formed; the Historical Society is holding a seminar and a vote will be taken on whether to put $25,000 into the redevelopment of downtown. Mrs. Moon continued to present the advantages of the Grace Lutheran site, stressing the natural transition from residential to commercial and her belief that the library would halt the rapid deterioration of the downtown area. She noted there was opposition to this site last time because of the trees and existing businesses. She agreed the man shouldn't be put out of business, but advised he intends to retire in the fall of 1991 in any event and by the time the library is built, there will be only one year remaining on his lease. Mrs. Moon urged that the County let that building stand for now and let that business continue. This would only require a temporary change in the parking and as the library is built and gets near completion, that lease will become less valuable, and in the meantime County will be getting rent of $1,000 a month. Mrs. Moon pointed out that she has reduced the price $50,000 and the lease will be worth $50,000, which is $100,000, and she continued to make an impassioned plea for placing the library on her site as a commitment to the redevelopment of the downtown area. Chairman Scurlock agreed with Mrs. Moon. Commissioner Bird stated that his problem with this property, besides the trees and the existing tenants, is its size which leaves no room for expansion. He is 100% committed to downtown revitalization, but did not want to sacrifice the library by putting it on a site that is inadequate. Commissioner Wheeler had a similar concern. The cost is up, and he did not like the idea of the idea of trying to design a library around existing buildings. He also did not know how you could do that and save the oak trees. MAR 15 1988 1 1 5 BOOK 71 F E 284 Sam Pascal, member of the Public Library Advisory Board, in- formed the Board that the general concern of the people he talked to on the Site Committee and the Library Planning Committee is that the library will be built to service the county for at least 30 years. By the same token, all the studies they had from the various professionals invariably discourage a library next to a school complex. He spoke at length of the desperate need for the library, his personal support of the Grace Lutheran site for all the reasons stated by Mrs. Moon, and his belief that having the library there will be the beginning of the renewal of the downtown area. Bill Nelson, resident of Rockledge, mentioned the property on south Indian River Boulevard owned by Strazzulla Brothers. He felt it is about 54 acres, and believed they want a million and a half for it all. He felt there even could be the possibility of some donation of property and suggested that this be looked into. Fred Mensing, resident of Roseland, felt that the Grace Lutheran downtown site presents too many long range problems and expressed his feeling that the taxpayers would be best served to get rid of the old jail and put the library there. William Koolage, 815 26th Ave., felt it is wrong to use the library as a building stone for the City at this point in time. It was his opinion that what they have started to do with the Redevelopment Authority is the way they should go, and it is going to take them a good while. Mr. Koolage stated that the Catron property had been his first choice, but now he would support the Jail site with its low cost as number one, Catron number two, and the Grace Lutheran site number three. He emphasized that the reduced cost of the jail site would allow more money to be used for books, computers, etc., and he urged the county to move without hesitation and approve the jail site. 116 BOOK - 71 F',,,E 285 MAR 15 1988 ON MOTION by Commissioner Wheeler Commissioner Bowman, Commissioner opposition, the Board by a 4 to 1 the old jail site as the best all the library. , SECONDED by Bird voted in vote approved around site for Commissioner Eggert commented that while she voted for this site reluctantly, she will work enthusiastically for the library wherever it lands. COMMUNITY REDEVELOPMENT AGENCY Commissioner Eggert wished the Board to be aware that she has regretfully had to inform the City of Vero Beach that she is unable to accept a position on the new Community Redevelopment Agency because she has been informed that there is a statute which prohibits a public office holder from holding two offices at the same time. The City of Vero Beach Council can makes themselves part of the agency, but she cannot as a County Commissioner hold the two jobs. TRANSPORTATION PLANNING COMMITTEE Commissioner Bowman reviewed the following summary: TRANSPORTATION PLANNING COMMITTEE SUMMARY OF ACTIONS March 9, 1988 MEETING 1. 4 -Way Stop, Old Dixie at 45th Street: The Committee approved the staff recommendation to install beacons on the Old Dixie stop signs to supplement the same. The estimated cost ($1,800 plus electric costs) can be absorbed within the FY87-88 Traffic Engineering Division budget. MAR 15 1988 117 BOOK ` �q 1 p,,r,rt-.286 2. Signalization Study, 17th Street/Indian River Blvd.: The Committee approved staff recommendations to (a) Maintain left -turn phasing at the intersection; (b) Change the Indian River Blvd. left -turn signals to "protected -only" (green arrows) phasing; and (c) Request the FDOT to lengthen the westbound left -turn lane on 17th Street, and concur with the phasing recommendations. 3. Amendments to the Thoroughfare Plan, Transportation Element, Comprehensive Plan:. The Committee approved staff -initiated recommendations and applicant requests to amend the Thoroughfare Plan with the following exceptions: (a) Do not add 87th Street as a subdivision collector between US -1 and the Wabasso Causeway (CR -510); (b) Do not delete 101st Avenue as a collector between 87th Street and CR -512; and (c) Make minor modifications to the Thoroughfare Plan map to reflect the. proposed amendments as described. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Bird, the Board unanimously approved acceptance of the above report. SECRETARIAL/CLERICAL POSITION - BUILDINGS & GROUNDS DEPT. The Board reviewed the following memos: TO: William Blankenship Director of Personnel FROM: DATE: January 27, 1988 FILE: SUBJECT: Perry J. Mattes0°1 Ass' t. County Admi ni st rato 'REFERENCES: REQUEST FOR POSITION NEEDS ANALYSIS FOR BUILDINGS & GROUNDS CLERICAL SUPPORT ATTACHED MEMO FROM LYNN WILLIAMS DATED JAN. 21, 1988 The attached memo makes a strong case for Lynn Williams' need for clerical support staff on a regular, full-time, permanent basis. Additional points I wish to make to his argument are: 1. Buildings and Grounds needs to assume the responsibility for physically keeping the records and documents relative to all leases for and of Indian River .County real property. MAR 15 198 ih._ 118 BOOK - 71 FALL 287 2. Our telephone system needs more monitoring, record keeping, general training for the use thereof, and general babysitting than Mr. Williams singularly has time for. 3. In order to avoid the severe maintenance problems Indian River County has experienced with Phases I and II of the new jail, Mr. Williams will need to be more involved with the construction of Phase III. 4. The courier service which I hope to establish will probably demand more of Mr. Williams' management skills and time. In short summary, Lynn Williams needs office help! Would you please, at your earliest convenience, begin the process which will culminate in a presentation to the Board of County Commissioners for their decision to establish a new position as defined by the Personnel Division. Thanks for your help. TO: Perry J. Mattes DATE: January 21, 1988 FILE: Ass't. County Administrator illiams, Supt. ldings and Grounds SUBJECT: REFERENCES: SECRETARIAL/CLERICAL POSITION - BUILDINGS AND GROUNDS It is increasingly apparent that the Building and Grounds Division is in need of a secretarial/clerical position. With the expansion of the jail, the Sheriff's Administration and the related activity both warranty and operational, clerical work has increased to a point that I am submitting the following proposal for your consideration. I have, for the past several years performed filing, record keeping and related clerical duties as a part of my duties. Typing has been handled by the secretary of the Department Head to which I reported. Generally the telephones were forwarded to the secretary as well. Since our assignment to the Administrative Services Department, Margaret Gunter has helped with my typing. However, the telephones have not been forwarded due to the number of calls and my typing is third priority (rightly so). My proposals: Option I. a) Request permission to reclassify an existing unfilled custodial position. Reassignment of John Guiliano (day maintenance) from the Courthouse to the Administration Building has worked very well and I feel he can handle both buildings (day maintenance) concurrently. b) Establish salary consistent with similar positions within County. c) Unused funds from unfilled custodial position (12 months) can be pro -rated to cover secretarial position for 8 months (remainder of FY 87-88). MAR 15 988 119 BOOK 71 fnE 288 Option II.a) Request permission to use funds available due to attrition and positions held from hire. My projections show that at least $25,000 exists that can be used for this purpose. b) Establish salary consistent with similar positions within County. c). This would then become a request for a new position. Listed below is justification for the preceeding proposals: 1) Obviously a secretary would provide telephone answering. There are several times throughout the day when the division telephones are not manned. Staff is not sufficient nor do I feel it is practical to assign a tradesworker to answer the telephone. 2) Recordkeeping for the protection of warranty status of Phase II and the Sheriff's Administration Building must be improved from it's present state. 3) As recommended in my memorandum of 1-20-88 reference the tele- phone system, communications training should be instituted along with monitoring of the County's networking. 4) Improvement of maintenance records will enhance the divisions ability to prepare, justify and control our budget. My recommendation is to accept Option I as outlined. There is adequate space within my office and a typewriter would be the only equipment that may require a capital expenditure. I would appreciate the opportunity to discuss this further should you require additional information. Chairman Scurlock felt there needs to be some clarification since this particular position was not authorized in the budget. Although, there are unexpended funds in the budget that could cover this cost, he felt this needs Board approval. The Chairman believed we also are involved in hiring some Kelly Girls or part-time personnel and felt any position that is not in the budget needs Board authorization, including part time employees. Commissioner Eggert believed there is still some misunder- standing of how we did the budget, which is line item by line item, and while she understands how the Personnel Director would like to make more of the personnel decisions, and possibly this is something we should discuss going into the next budget, that was not what we set up this time. She further noted that she has a problem over the long haul with temporary help, Kelly Girl type - people who move in and out of the system without a lot of tight controls on it. Commissioner Scurlock commented that the documents from Buildings & Grounds Superintendent Lynn Williams clearly indicate MAR 15 1988 120 BOOK 71 Fu -. 289 that there was a reclassification involved and that it should be acted on by the Board, and he did not understand why it never got to the Board. Personnel Director William Blankenship informed the Board that he will take the responsibility for that. He noted that he is used to working in an environment where the County Administrator of the County Manager or City Manager is the chief administrative officer and as such can make these type decisions to move within the budget; albeit, not to create a new position and not to go over the amount of funds to be expended. Mr. Blankenship explained that in this situation, he received the recommendation from Mr. Williams endorsed by Assistant County Administrator Mattes, and went ahead and contracted with the Job Training Partnership Program. The paperwork was initiated and sent to the Administrator for his signature whereupon he sent it back and asked if this is okay. Mr. Blankenship advised that he told the Administrator it was because we were not going beyond our budget constraints and we were not increasing the number of total authorized positions. He continued that, in fact, until yesterday morning, they had no real idea how many positions were authorized. He was sure this is in the budget, but they had no real control on it, and he has now initiated a position control management report wherein every position in the county is assigned a number once the budget is approved. The Chairman noted that is all inconsistent with the memos. The memo from Mr. Williams listed three options and specifically talked about reclassification and that memo went to Mr. Mattes and then Mr. Mattes' memo to Mr. Blankenship said "Will you please at your earliest convenience begin the process which would culminate in a presentation to the Board of County Commissioners for their decision to establish a new position as defined by the Personnel Division." The Chairman felt that is very clear. Administrator Balczun stated that he would answer that. He did not feel it is clear, nor think that it is inconsistent. The MAR 15 1988 121 BOOK 71 D E 290 staff works for him, and he disagreed with the proposal. He did not intend to create a new position until it has been justified to him. If and when it is justified to him, he will present it to the Board, but just because a superintendent or manager somewhere in the system chooses to make a request, does not mean we have to willy-nilly follow and do it. Chairman Scurlock believed the girl has been hired, and if the Administrator disagreed, how did she get hired? The basic question is how do we hire someone when it is clear from all the memos that there was no authorization. Mr. Blankenship stated that he was not aware that the Board of County Commissioners managed to the level of approving every position, but the Chairman pointed out that Mr. Williams and Mr. Mattes were aware of the procedure because they said that would have to happen, and he felt they would have informed Mr. Blankenship. Mr. Blankenship stated that he doesn't tell them how to do their jobs and he doesn't appreciate their telling him how to do his. He does not tell Mr. Williams that he needs to construct a cabinet of certain materials. It is his judgment as to the best manner in which he should proceed. Commissioner Eggert felt that is fine except there is a way to do things in the county and a way not to do them, and she believed Mr. Mattes pointed out what is the way to do it in the county now. Commissioner Wheeler commented that he is getting more confused about this situation and wanted to see if his under- standing of all that has taken place is correct. He believed Administrator Balczun works for the Board; Mr. Mattes works for the Administrator; and Mr. Blankenship works for the Administra- tor or Mr. Mattes as his representative. There was an error made as admitted by Mr. Blankenship, and it appears he proceeded to hire someone after Mr. Mattes requested him to go to the Board. Commissioner Wheeler did not even know if we should be reviewing MAW 15 19 8 • 122 +� BOOK1 FA;E 291 this as he felt it is an administrative problem, but as long as it is here, he will question it. He wished to know why, if Mr. Blankenship disagreed with Mr. Mattes' position, he didn't go to the Administrator and ask how he wanted you to handle it. Mr. Blankenship stated he did go to the Administrator and advised him that we could do this within the constraints of the budget. Chairman Scurlock believed the Administrator overruled Mr. Mattes said go ahead and hire the person. The Chairman advised that when he found out this new person was hired, he went to Mr. Balczun and asked how this happened, and Mr. Balczun advised him that he was misled on this issue. Mr. Blankenship stated that he would freely admit that he misinformed the Administrator based on his understanding of the situation. Administrator Balczun felt the issue is whether or not prior to the end of the 13 week contract period with JTPA we will recommend to the Board that a full time position be created. We are not in that position now, and he is not fully convinced that is a position we want to keep. Chairman Scurlock felt there is one more step. He wished to know where they got the authority to hire these part time people. We have one in Purchasing now with no funded position. In fact, he believed that person left and was replaced. He wished to know how many part-time people we have on staff that have not been approved in the budget. Mr. Blankenship stated they have none right now. Chairman Scurlock asked if there was none in Purchasing as he was told they were replaced. Mr. Blankenship understood that person left Friday, and he did not know who told the Chairman they were replaced, but noted he is the only one who can authorize that with Kelly. He explained that we use Kelly or any other temporary service when we have an immediate need to fill. He gets calls from 123 1!1 A R 1_5 1988 BOOK 71 FgE 292 departments who need someone to replace personnel out on an extended illness, etc. Mr. Blankenship noted that he has been in the personnel business a number of years and has had that flexibility to operate, and if he doesn't have it and has to come to the Board each time to do this, he felt it will stymie his operation. Commissioner Bird believed there are two situations here. If it is a short term absence that needs to be filled, possibly the Personnel Director and Administrator should have the authority to fill that position for a short period of time, but if it is a new position, either permanent or temporary, it should come to the Board. Chairman Scurlock noted that in this instance the request in the budget was for more janitorial staff and now we end up hiring a secretary and not a janitor. Possibly a secretary is justified, but where does this stop? He pointed out there are 17 positions in Public Works that have been funded from October 1st, over $300,000 sitting there, and just because there are funds there does that give the ability to go out and use them for other positions. The Chairman noted he would say no because that is not our budget position. Administrator Balczun advised that they say no also, and he asked that we not make this something more than it is. He felt that management does need a bit of flexibility. He did not think, and he is not suggesting this at this time, that they should be subject to micro -management. He did feel that when a department suggested that they have a particular need, that they should be allowed to be somewhat creative, and they did that with JTPA. The Administrator emphasized that there is nothing anywhere verbally or in writing that says they intend that this be a full time position. Chairman Scurlock believed that JTPA assumes we will continue with that person, and he felt there is a commitment to hire them after the 13 weeks are up. MAR 15 1983 124 BOOK71 PA�,E r 293 Discussion ensued regarding the intent of the JTPA contract. Personnel Director Blankenship noted they are evaluating that person's performance, and Administrator Balczun pointed out that doesn't say we can't use the person somewhere else in the system. He reiterated that he was not altogether sure we want this position. Chairman Scurlock felt the bottom line is that when we go through the budget process this next year, it will be clear exactly what we fund and what we don't fund, and if the Board hasn't voted for it, it doesn't get done until it is brought back to the Board. He did not think that is micro -management. He felt that is good management, and the Commission has taken that line item approach for the last 15 years because they are concerned. Discussion continued at length as to why this position didn't come back to the Board, and the Administration explained that it did not because they weren't willing to create a full time position. Commissioner Wheeler noted that they brought in a secretary where Mr. Williams had never had one, and he felt that is creating a new position. As far as having some leverage is concerned, he agreed with Commissioner Bird that they need some. Administrator Balczun did not feel they should have the leverage to create new positions. He noted that step two deals with one of the problems which is typical of any agency which does not have an official position control mechanism, and historically this county has not had one. The Personnel Department staff has just completed the development of a computerized position control mechanism. Half the time it is almost impossible to develop an allocation listing positions, and we now have that by control number, by function, by title and by name, and every fiscal year as soon as the budget is approved, all those positions automatically will be programmed into the position control system. MAR 15 1988 125 BOOK 71 PAGE 294 Chairman Scurlock believed we have always had that since the budget book tells us in detail what positions are created in every department, how many are funded, when they are to be phased in, and if they are to be part-time. Mr. Blankenship agreed that is an elaborate manual presenta- tion, but nobody could tell you on a moment's notice what positions were vacant, and that is what they have created. As a matter of fact, no person can be hired in the county now unless they have a position control number assigned. Commissioner Eggert believed our financial officer always knew what was in the budget and what wasn't, and the Chairman wished to know why OMB Director Baird is not on the circulation list for new hires any longer since it is his job to monitor that we are following the budget that was passed. Mr. Blankenship advised that when he came to work for the county in August, we had four pieces of paper which passed for authorizing people on the system, and to his knowledge, Mr. Baird never received any of those prior to his coming. Subsequently, they have changed the forms, and Mr. Baird is not in the loop for signature. Commissioner Eggert believed Mr. Baird always was included in there somewhere, and now that Mr. Baird is working directly for the Board, she felt it is all the more important that he should receive that information as he should be informed about anything that goes on in this county that affects the budget in any way. Mr. Blankenship noted that they have just created a report that does Mr. Baird's job for him and tells him what he has authorized. Chairman Scurlock asked OMB Director Baird if he was ever in the "loop." Director Baird informed the Board that he did previously sign on these new hire reports. He also furnished a list of all the employees at budgettime that was attached to the budget 126 MAR 15 1988 BOOK 71 PAGE 295 package. He confirmed that they haven't been forwarding these forms to his office lately, but that could have been a change in procedure. He informed the Board that Mr. Blankenship was having a problem, not just with the new hires, but the existing employees, and Mr. Blankenship asked for copies of the budget showing each detailed position so he could develop a control mechanism in his office because we used to have to look it up whenever the request came through the Budget Office. Commissioner Eggert stated she had no problem with any of that, but she did feel the OMB Director's office should be kept informed of what is going on. Mr. Blankenship stated that they can create a new hire requisition form that they can route through the Budget Office. Administrator Balczun noted that Mr. Baird receives a copy of the weekly list of every position for which we are recruiting. Commissioner Eggert felt that is fine, but hiring the people is what affects the budget, and Administrator Balczun asked if hiring them isn't too late. Chairman Scurlock commented that list is how he found out that they were hiring someone who wasn't authorized, and that is how all this discussion came about. Commissioner Bird inquired how we stand now. Does Super- intendent Williams have a secretary instead of a janitor on a temporary basis that is as temporary as the JPTA contract is? Administrator Balczun advised that they wanted approval of that position solely as a JTPA. At this point he is not willing to go beyond the JTPA concept. ON MOTION by Commissioner Bird, SECONDED by Commis - Eggert, the Board unanimously approved a JTPA person for the office of the Buildings and Grounds Superin- tendent on the basis discussed above. MAR 15 1988 127 BOOK 71 FACE. 296 PARKS AND RECREATION COMMITTEE REPORT Commissioner Bird reviewed the following: PARKS AND RECREATION COMMITTEE SUMMARY OF ACTIONS MARCH 10, 1988 Fairground Mudbogging Lease Renewal The Committee unanimously recommended that the County Commission renew the lease for mudbogging events at the Fairground reducing the rental amount to $500/event, and instead of monthly events, reduce the number of events to at least 4 events per year. Request for Transportation of Children from Sebastian to Roller Skating Rink in So. County area The Sebastian representative asked the County to provide transportation for children in Sebastian to come to the Roller Skating Rink on Friday nights and Saturday afternoons. He also asked the County to provide the funds for the transportation. Pat Callahan will check with'the School Board to see what their policy is for using their buses and drivers for this type of activity. Request to remove picnic pavilions from Round Island because of vandalism In the past year and one-half there has been continuous destruction at the Park. The Sheriff's Office cooperates, but cannot leave someone at the Park on a full-time basis. It was recommended to use the Park as an observation point on the ocean side and dismantle and remove the pavilions. Tabled until the next meeting. User Fee and Revenue Study The Committee reviewed the Parks User Fee and Revenue Study. The Committee wanted another month to review the report, so action was withheld until the April Parks and Recreation meeting. Commissioner Bird noted that he personally sees the request to dismantle and remove the pavilions at Round Island Park as a last resort. He further advised that he felt the Committee is doing an excellent job in reviewing the User Fee and Revenue Study and believed they will set us on the right path for the future. MAR 15 1988 128 -BOOK 71 FaGE 2D 1 NORTH COUNTY FIRE The Chairman announced that immediately upon adjournment the Board of County Commissioners would reconvene acting as the District Board of Fire Commissioners of the North Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:12 o'clock P.M. ATTEST: MAR 1b198 Clerk Chairman 129 goy 71 ME 298