HomeMy WebLinkAbout5/10/1988Tuesday, May 10, 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,
May 10, 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, and Commissioner
Bird led the Pledge of Allegiance to the Flag.
ADDITIONS,TO THE AGENDA/EMERGENCY ITEMS
The Chairman asked that the proposed Grand Harbor monument
be added to the agenda as a public discussion item and also that
an item in regard to a "SWIM" Grant application be added under
the Administrator's matters.
Commissioner Eggert requested the addition of an item in
regard to Christian Senior Housing and advised that she would be
commenting on the North County Library under her matters.
Chairman Scurlock informed the Board that there has been
some serious water degradation in Village Green. This is not a
result of anything the County has done, but he would like to
discuss this under his 'matters.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously added the
items described above to today's agenda.
MAY 1988
BOOK 72 A,E 2D.!!.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of April 5, 1988.
Commissioner Eggert asked that in the second paragraph on
Page 35 "U.S. #1" be replaced with "Vista Gardens access road" so
that it would read "a sharply curved intersection like Vista
Gardens access road and Indian River Boulevard " She also
requested that the third paragraph on Page 42 be reworded to read
as follows: " because of the problems at U.S.#1 and 1st
Street, Vista Gardens entrance/U.S.#I/4th Street, and what she
considers to be even worse problems at the Vista Gardens access
road and Indian River Boulevard intersection
There were no additional corrections.
n
ON MOTION by Commissioner Wheeler, SECONDED by Commis-
sioner Bird, the Board unanimously approved the Minutes
of the Regular Meeting of April 5, 1988, as corrected.
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of April 12, 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 April 12, 1988, as written.
CONSENT AGENDA
(1) Reports
The following was received and placed on file in the Office
of Clerk to the Board:
1987 General Development Utilities, Inc.
Annual Report for Vero Beach Shores and Vero Highlands
MAY 10198E
ih.__
2
BOOK 72 ME 282
(2) Occupational License Taxes Collected - April
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously accepted
report from Tax Collector Gene Morris, as follows:
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Gene E. Morris, Tax Collector
May 2, 1988
Occupational Licenses
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $1,497.01 was collected in occupational license
taxes during the month of April 1988, representing the issuance
of 117 licenses.
Gene E. Morris, Tax Collector
(3) Transfer to Elections Overtime Account
The Board reviewed letter from the Supervisor of Elections:
May 3, 1988
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
TO: HON. DON - C. SCURLOCK, JR.-- — - -
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS 41
RE:
The
the
The
ITEM FOR BCC CONSENT AGENDA OF -MAY 10, 1988
City of Sebastian sent me a check for $709.52 for
additional expenses of the March 22 run-off election.
check was deposited -to your account.
Please authorize the transfer of $709.52 from your account
into the elections overtime account, 001-700-519-011.14.
Thank you.
3
MAY 1 0 1988
B®D 72 PAGE 283
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously authorized
the transfer of $709.52 into the elections overtime
account, 001-700-519-011.14 as requested above.
(4) Appointment to Courthouse Advisory Committee
The Board reviewed letter from the City of Sebastian:
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
May 2, 1988
Indian River County Courthouse Committee
1840 25th Street
Vero Beach, Florida 32960
Dear Sirs:
For your information and records, the City Council of the City of
Sebastian at their Regular meeting of April 27, 1988 appointed
Vice Mayor Peter Vallone as Council liasion to your Committee.
Should you have any questions concerning this matter, please feel
free to contact this office between the hours of 8:00 A.M. and
4:30 P.M. Monday thru Friday.
Sincerely,
A'ox%-4i,vL. 174.o
Kathryn M. O'Halloran 6C44.)
City Clerk
SAY 1 0 1988
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
appointment of Sebastian Vice Mayor Peter Vallone
to the Courthouse Advisory Committee as liaison of
the Sebastian City Council.
4
BOOK 72 P'cE 284
(5) Request for Site Plan Extension - (Caldarone)
The Board reviewed letter from Staff Planner John McCoy:
TO: Charles Balczun
County Administrator
DIVISION HEAD CONCURRENCE:
R..ert M. Keati ,
100!
Community Devel pme
THROUGH: Stan Boling
DATE: April 21, 1988 FILE:
ANTHONY CALDARONE'S RE -
SUBJECT: QUEST FOR SITE PLAN
Director EXTENSION
4
Chief, Current Development
FROM: John W. McCoy /�1 kl REFERENCES: caldarone
JOHN2
Staff Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 10, 1988.
DESCRIPTION AND CONDITIONS:
On April 23, 1987, the Planning . and Zoning Commission approved a
minor site plan application submitted by Gerald Stanley. Approval
was given to construct a dock on a vacant single family lot
located at 162 Anchor Drive.
Due to the recent purchase of the property, Mr. Caldarone has been
unable to commence construction prior to the .expiration of the
approved site plan. However, if no construction has begun by
April 23, 1988 the site plan approval will lapse unless otherwise
extended by the Board -of County Commissioners.
Mr. Caldarone has properly filed a letter of request to extend
site plan approval with the County prior to the April 23, 1988
deadline. No County regulations have changed since the time of
site plan approval that would affect the proposed dock.
Pursuant to the provisions of Section 23.2(G)(2), Appendix A of
the Zoning Code, Mr. Caldarone is requesting a full 1 year exten-
sion of the approved site plan. In the past, it has been the
policy of the Board to grant a one-time extension for a project
that conforms to current regulations.
RECOMMENDATION:
Staff recommends approval of Mr. Caldarone's request for a one
year extension of the approved site plan; the new expiration date
to be April 23, 1989.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously granted a one
year extension of site plan as requested by Anthony
Caldarone.
5
MAY 1 0 1988
ih._
BOOK 72 PAGE 285
(6) Request for Site Plan Extension - (Newton)
The Board reviewed memo of Staff Planner John McCoy:
TO:Charles Balczun
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keating
DATE: April 25, 1988
FILE:
ARTHUR NEWTON'S REQUEST
SUBJECT: FOR SITE PLAN EXTENSION
Community Developrlient D)Crector
4 h.
THROUGH: Stan Boling
Chief, Current Development
FROM: John W. McCoy VIA REFERENCES:
Staff Planner
newton
JOHN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 10, 1988.
DESCRIPTION AND CONDITIONS:
On June 17, 1987, the Planning .and Zoning Commission approved a
major site plan application submitted by Arthur Newton. Approval
was given to construct a 21,846 sq. ft. retail shopping center at
the northwest corner of 74th Avenue and 20th Street.
Due to financing problems, Mr. Newton has been unable to commence
construction prior to the expiration of the approved site plan.
However, if no construction has begun by June 17, 1988,the site
plan approval will lapse unless otherwise extended by the Board of
County Commissioners.
No regulations have changed since the time of site plan approval.
Pursuant to the provisions of Section 23.2(G)(2), Appendix A of
the Zoning Code, Mr. Newton is requesting a full 1 year exten-
sion of the approved site plan. It has been the policy of the
Board to grant extensions to projects which conform to current
codes.
RECOMMENDATION:
Staff recommends approval of Mr. Newton's request for a one
year extension of the approved site plan; the new expiration date
to be June 17, 1989.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously granted a one
year extension of site plan as requested by Arthur
Newton.
6
SAY 1019 8
QooK 72 r cE 28O
(7) Personal Computers for Personnel Office
The Board reviewed memo from Personnel Director Blankenship:
----------------------------------------
TO : CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
SUBJECT : FY 1987-88 CAPITAL BUDGET
DATE : MAY 2., 1988
We are attempting to upgrade the data information input, storage,
retrieval, and processing in the Personnel Division. The first
step in that effort took place with the purchase of an IBM-
Personal
BMPersonal System 2/Model 60 computer last Fall. Our goal is to
have an intra -office network to process all data.
The next step in this effort is to purchase two additional
computers to serve the network. One will be used in place of the
current data entry terminal to the main system in Data
Processing. The other will be used in the personnel processing
function, i.e. new employee processing.
To accomplish our goal of a fully automated office, I am
attempting to purchase two IBM Personal System 2/Model 30
computers. My purchase requisitions dated April 8, 1988 have
been held by the Budget Director because they do not conform to
the approved capital item purchase list as contained in the
1987-88 budget.
Since I did not participate in the construction of that budget, I
do not know what was meant by the approval of those items. For
example, two "CRT's" approved for purchase at $1,500 each leaves
me wondering what the intent is there. A "CRT" is a cathode ray
tube, a television screen if you will. At $1,500 each they are
very expensive televisions. That is clearly not what we want or
need. If the intent of the approved capital budget was to allow
the purchase of two computers, as I believe, then the item is
simply mis-labeled•
The purchase of two typewriters at $200 each is also mystifying.
A standard office typewriter can be purchased for between $800
and $1,000. Again, I do not comprehend the intent of the item.
A file cabinet at $200 and a hanging file at $400, as approved in
the budget, are simply not needed. We have erged, purged, and
otherwise consolidated the files in the office to the point where
we have adequate file space.
1 am requesting that you petition the Board to allow the capital
budget for the Personnel Division be corrected to reflect the
needs of the division. Those needs are currently the purchase of
two IBM Personal System 2/Model 30 computers at $1,446 each, and
two IBM Color Display monitors at $432 each.
Copies of the requisitions and subsequent correspondence in this
matter are attached.
07
Wm. A! Blankenship, AEP
Director of Personn
7
MAY 1 0 1988
BOOK 72 E E. 2S?
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
purchase of two IBM Personal System 2/Model 30
Computers within the 1987-88 capital budget of the
Personnel Department as requested above.
(8) Release of County Utility Liens
The Board reviewed memo from County Attorney Vitunac:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 4, 1988
RE: CONSENT AGENDA - FOR BCC MEETING 5/10/88
RELEASE OF COUNTY UTILITY LIENS
Lea Keller of this office has processed the following
matters and requests permission for the Chairman to execute
-----the-release-forms:---------
(1)
---t-he-reIease-forms:- -
(1) Release of 4 ERUs Water (Map J-1)
LEONARD HATALA
(2) Release of 12 ERUs Water (Map B)
__. VISTA PLANTATION .(Bldg. 39)
"Vista Properties -
(3) Release of one ERU Water (Map C-4)
KINGSWOOD WEST (Prossick)
�.._.__ _...(4..)--_Re•leas-e-o-f one ERU-Water- (Map -M-34-..
PINETREE INDUSTRIAL PARK (Davis)
Back-up information for the above releases is on file in the
County Attorney's office.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
Release of Liens listed above.
COPY OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE
BOARD.
8
ih._ MAY 1 0 1988
ROOK 72 FnE 288
(9) Budget Adjustment - Welfare Department
The Board reviewed memo from the Personnel Director:
TO : CHARLES P. BALCZUN
: COUNTY ADMINISTRATOR
SUBJECT : BUDGET ADJUSTMENT
DATE : MAY 4, 1988
We have received a request for an adjustment to the Fiscal Year
19.87-88 budget from the Welfare Division..
Welfare is requesting that $1,200 be added to line item 34.02,
All Travel. Ms. Johnston is basing this request on the added
travel requirements imposed upon her as a result of appointments
to three committees on the Florida State Association of Social
Service Executives. The committees, and their travel require-
ments are as follows:
1. By -Law Revision Committee - Duties of this committee
are to be completed by the Florida Association of
Counties meeting being held in Orlando in September,
1988.
Travel required and associated costs
Fort Myers, One day meeting at $55.00 for travel.
Bartow, one day meeting at $40.00 for travel.
2. Disposition of Dead Bodies Committee - This is a two
year project to address the statewide problem of
indigent burial.
Travel required and associated costs
Orlando, two meetings of one day each. at $40.00
each occurrence for travel ($80.00 total).
3. Medicaid Committee - Work on this committee will be
done mainly in conjunction with the 1988 legislative
session.
Travel required and associated costs
Tallahassee, to(d) meetings, two days each time at a
total of $380 each ($760 total) for air fare and
motel accommodations.
Bartow, one day meeting at $40.00 for travel.
Meals, parking, ground transportation and tolls constitute the
balance of the funds requested.
It is requested that the Board of County Commissioners be
petitioned to allocate the funds necessary to cover the added
travel requirements of Ms. Johnston.
MAY 10198
m. A. Blankenship, r. AEP
Direc or of Personnel a
Human Services
9
roar 72
rArjr 2S9
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
allocation of funds to the Welfare budget to cover
added travel requirements as described above.
(10) Temporary Employee/Extension Service
The Board reviewed memo from Personnel Director Blankenship:
TO CHARLES_P. BALCZUN
COUNTY ADMINISTRATOR
SUBJECT : TEMPORARY EMPLOYEE/EXTENSION SERVICE
DATE : MAY 4, 1988
We have been notified by the Extension Service that secretarial
employee Doreen.. Pinkerton will be on.a..medical leave of absence
for a period of six to seven weeks beginning May 10, 1988. The
office has requested that a temporary employee be secured for the
period of Ms. Pinkerton's absence.
It is requested that the Board of County Commissioners be
petitioned to allow the hiring of a temporary secretary for the
Extension Service. The maximum period authorized for the
temporary would be for up to seven weeks. The period of
temporary assignment would not last beyond July 1, 1988.
Funds to pay the temporary person are available in the Extension
Service's personal services budget category through salary
savings.
G
elm. A B ankenship,
Director of Personnel
AEP
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
hiring of a temporary secretary for the Extension
Service for a maximum period of seven weeks.
(11) Budget Transfer - Sheriff (Food Carts & Trays)
The Board reviewed the following memo from Sheriff Dobeck:
MAY 1 0 1988
i6._
10
!ToK f'A,E 90
P. O. BOX 608
PHONE 569.6700
May 4, 1988
Honorable Don C. Scurlock, Jr.
Chairman, Board of County Commissio
Indian River County
1840 25th Street
Vero Beach, FL 32960
R.T."TIM" DOB ECK • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH. FLORIDA. 32961-0008
DISTRIBUTION' LIST
Commissioners
Administrator
Attorney
Personnel
Public Works
Community Uev.
Utilities
Finance
Other
RE: TRANSFER OF BUDGET ALLOCATION FOOD CARTS - PHASE II
Dear Doug:
This letter is a request to transfer $11,000 from Corrections -Operating Expense to
Corrections -Capital. This transfer is necessary to provide funding for the purchase
of food carts and trays to be utilized in Phase II. These carts are a necessity, if
we are to remain within the guidelines established by the Department of Correc-
tions and Health and Rehabilitative Services. Since these items were not included
in the Phase II Capital Funding, we are requesting authority to transfer funds
necessary for this purchase.
Sincerely,
•
it.44%.1
R. T. "Tim" Dobeck, Sheriff
Indian River County
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously authorized the
Budget transfer to fund purchase of food carts and
trays for Phase II of the jail as requested above.
REQUEST TO AMEND CL ZONING DISTRICT TO PERMIT COMMERCIAL
GREENHOUSES & NURSERIES (WABASSO PARTNERSHIP)
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:
SAY 1 0 1988
L
11
BOOK 72 f'nE 291
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 o0'P.LG
i
a:terj
in the matter of
,a 179e
in the Court, was pub-
Iished in said newspaper in the issues of
.�-ler
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 before me his day of ;/ D. -19
(SEAL)
MAY 161988
fl susink-ss Manager)
(Clerk of the Circuit Court, IndianWgver County, Florida)
NOTICES HEREBY GIVEN NOTICEhhBoard 01
County Commissioners of Indian River County,
Florida, shall hold a public hearing at which par-
ties In Interest and citizens shall have an oppor-
tunity
Chamber O f Co CoIn unCounty t/ission
located at 1840 25th St., Vero Beach, Flor-
ida, on Tuesday, May 10, 1988 at 9:05 am. to
consider the adoption of an Ordinance entitled:
AN COUNT , FLORDINANCE IDA AMEND NG SEC-
TIONDIAN P
19.CL: LIMITED COMMERCIAL
CODE
DISTRICT,
AND OROF DINANCES CANES OF
INDIAN RIVER COUNTY, KNOWN ASTHE
COMMERIICAL ONINGPLANT NURSERIES AND
GREENHOUSES AS A PERMITTED USE
IN THE AND PROVIDING
FOR EPEAL OFF CO FI.ICTING PROVI-
SIONS, CODIFICATION, SEVERABILITY,
• AND EFFECTIVE DATE.
A copy of the proposed Ordinance Is available
at the Planning Department office on the second
floor of the County AdmInIstration Building.
n�hichaatdsioimy may ameetingwill
need to ensure that a verbatim record of the pro-
ceedings is made which Includes the testimony
and evidence upon which the appeal wiU be
betted.
Indian River County
Board of County Commissioners , •,
Chairman C. Scurlock, Jr.
April 20, 11187111111
'
Staff Planner David Nearing made the following presentation:
12
BOOK 72 PAGE 292
TO: Charles P. Balczun
County Administrator
DATE: April 26, 1988 FILE:
DEPARTMENT HEAD CONCURRENCE:
Robert M. Ke
Community De
WABASSO PARTNERSHIP REQUEST
TO AMEND THE CL ZONING DIS-
TRICT REGULATIONS TO PERMIT
ting, AICP SUBJECT: COMMERCIAL GREENHOUSES AND
elopment Director NURSERIES AS A PERMITTED
THROUGH: Gary M. Schindler /7/
Chief, Long Range Planning
USE
David C. Nearing Wabasso Partn.
FROM: staff Planner REFERENCES: DIS:DAVE
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at
their regular meeting of May 10, 1988.
DESCRIPTION AND CONDITIONS:
David Croom, acting on behalf of the Wabasso Partnership, has
submitted an application to amend the text of the zoning ordi-
nance. This application is to amend Section 19, CL: Limited
Commercial District, to permit Commercial Greenhouses and Nur-
series as a permitted use. Currently, Commercial Greenhouses and
Nurseries are a permitted agricultural use in the CG, General
Commercial District; CH, Heavy Commercial District; IL, Light
Industrial District; and IG, General Industrial District.
As noted on the attached application, the reason that the appli-
cants are requesting this amendment is that they are the current
owners of an old nonconforming commercial nursery site situated
in a CL district in the Wabasso area. This nursery had
originally received site plan approval in 1978 when the property
was zoned C -1A, Restricted Commercial District, which permitted
Commercial Greenhouses and Nurseries. However, in January of
1986, the property was rezoned to CL during the Comprehensive
County -wide nonresidential zoning conversion.
Because the CL district did not permit commercial nurseries and
greenhouses, the use became a nonconforming use. Nonconforming
uses may continue to exist as long as the use is not destroyed by
more than 50% or discontinued for more than 90 days;
they also may not be enlarged or expanded. In the case of the
subject nursery, the use was discontinued approximately one year
ago. For this reason, the use ceased to exist and could not be
reestablished without the property being rezoned to a district in
which a commercial greenhouse/nursery is permitted, or through
amending the ordinance to permit the use in the CL zoning
district. Because the staff would recommend against a rezoning
of thisproperty to a more intense district, the applicant
decided to submit this request for an amendment.
On April 14, 1988, the Planning and Zoning Commission voted
unanimously to recommend approval of this request.
ALTERNATIVES AND ANALYSIS:
In this section, an analysis of the reasonableness of the request
will be performed. This analysis will examine the potential
impacts of adding the proposed use to the other uses allowed in
the CL district. This examination will then identify and
evaluate alternatives to the requested amendment. Finally, a
recommendation will be madebased on the analysis of the request
and the alternatives. As with a rezoning, the Commissioners may
accept or deny the staff's recommendation in full or in part. A
denial of this request will be final unless appealed.
13
Mean ` 0 1988
Boot( 72 PAGE 293
CL District
The CL, Limited Commercial, District was one of the new zoning
districts created when the county's zoning code was revised in
1985. Comparable to the old C -1A district, the CL district was
developed to provide a range of uses more restricted than those
allowed in the general commercial district, yet less restricted
than the uses permitted in the neighborhood commercial district.
Incorporated within the zoning code is a purpose and intent
statement which identifies the general characteristics of the CL
district.
a. Purpose and intent. The CL; Limited Commercial
District is established to implement the Indian River
County comprehensive plan policies for managing
commercial nodes, and to provide areas for the
development of restricted commercial activities as well
as other compatible land uses. The land use activities
allowed within the CL district are intended to
accommodate the convenience retail and service needs of
area residents, while- minimizing the impact of such
activities on any nearby residential areas.
Both the purpose and intent statement and the range of uses
allowed in the CL district provide an indication of the types of
uses which are appropriate for that district. Basically, these
are uses which are relatively small in scale, limited in service
area, and low in intensity and impacts. Some uses that are
currently permitted in the district, particularly hotels/motels
and restaurants, could be large in size, expansive in service
area, and high in intensity; however, these uses are still
considered limited in the context of the CL district. Other uses
allowed in the CL district such as department and furniture
stores are administrative permit uses - a mechanism which ensures
that the scale of those uses will be restricted.
Commercial Plant Nurseries and Greenhouses
The commercial plant nursery and greenhouse is a use which is not
easily classified. Having agricultural, wholesale, and retail
characteristics, the plant nursery and greenhouse use is one
which could fit in any of several zoning districts. Currently,
plant nurseries and greenhouses are permitted uses in the general
commercial, heavy commercial, light industrial, and general
industrial zoning districts. The use could also be allowed in
the agricultural district as an agriculturally related business.
Generally, plant nurseries and greenhouses could be considered as
a low intensity use. While characterized by large area used for
growing and storing plants and trees, nurseries usually engage in
both retail and wholesale activities. Nurseries and greenhouses
generally have a low amount of impervious surface, few
structures, substantial open areas, low trip generation rates,
and few nuisance characteristics such as noise and odor.
Assessment
Any use proposed for inclusion in a zoning district must be
consistent with the stated purpose and intent of the zoning
district. For the CL district, three criteria were identified as
being important factors with respect to the stated intent of the
district. These three factors are scale, scope or market area,
and intensity,. For a use to be appropriate for inclusion in the
CL district,it should be low in each of those categories.
MAY 101988
14
BOOK .72 FADE 794
Plant nurseries and greenhouses seem to be uses which meet those
standards. While the intensity is low, both the scale and market
area of the use are variable. In that respect, the nursery and
greenhouse use is similar to several of the currently permitted
CL uses. Accordingly, it is staff's opinion that inclusion of
the plant nursery use in the CL district will be compatible with
the district's purpose.
ALTERNATIVES
There are several alternatives available to the Commission
regarding action on this request. These alternatives are: to
deny the request; to approve. the request; or to approve a
modification of the request. -The first alternative, denial of
the request, would be appropriate if the Commission found that a
plant nursery would be incompatible with the intent of the CL
district.
The second alternative wouldentail approving a commercial plant
nursery and .greenhouse as a permitted use within the CL district.
Similar to that is the third alternative - approving a
modification of the request. The third alternative could be
accomplished by making plant nurseries either an administrative
permit or special exception use and specifying the criteria which
would need to be met by plant nurseries. The third alternative
would be appropriate if conditions need to be set to make the
proposed use suitable for the CL district.
RECOMMENDATION
The staff recommends that the Board of County Commissioners
approve adding commercial greenhouses and nurseries as a
permitted use to the CL district.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon declared the public hearing
closed.
Commissioner Bowman asked if they are recommending shade
houses or glass houses. She realized glass houses are rare any
more, but they could be a big nuisance in residential areas as
they create a lot of heat and glare.
Director Keating pointed out that this is a commercial
district, and it has buffer requirements where it abuts a
residential district.
Commissioner Bowman still felt glass houses could be a
nuisance even in the CL district, and asked about other CL areas
in the county that might not be suitable for plant nurseries.
Planner Nearing advised that staff has investigated on a
countywide basis and feels with the buffer requirements, this use
would be suitable for any CL district.
15
MAY .101988
BOOK. 72 F'A E 215
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously adopted
Ordinance 88-20 establishing commercial plant
nurseries and greenhouses as a permitted use in
the CL District.
ORDINANCE NO. 88- 20
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 19.CL: LIMITED COMMERCIAL DISTRICT, OF APPENDIX A OF
THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY,
KNOWN AS THE ZONING CODE., ESTABLISHING COMMERCIAL PLANT
NURSERIES AND GREENHOUSES AS A PERMITTED USE IN THE CL
DISTRICT, AND PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of
Indian River County that:
SECTION 1
Section 19 (b) (5) of the Code of Laws and Ordinances is
hereby created as follows:
Section 19.CL: Limited Commercial District
(b) Permitted Uses
(5) Agricultural Uses:
Plant nurseries and greenhouses
SECTION 2
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners or Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SAY 10 1988
16
BOOK 72 PAGE 296
SECTION 3
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
Coding: Words in O 4010jE1V14. type are deletions from existing
law. Words underlined are additions.
SECTION 4
SEVERABILITY
If any Section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional,inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State 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 10th day of May' 1988
•
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
B Y : l Z_.._
17
MAY 1 1988
DON C. SCURL'OCK, JR., IRMAN
BOOK 72 r n[ 297
CERT. OF PUBLIC CONVENIENCE & NECESSITY - ON-CALL AMBULANCE CO.
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
PuLlished Daily
Vero Beach. Indian giver 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 Vora Beach in Indian River County, Florida; that the attached copy of advertisement, being
Ain the matter of
in the
•
fished in said newspaper in the issues of
.,�. /97f
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, 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. 4
Sworn to and subscribe befog, me tom; �. a day of ' A.D.,19 O r7
(SEAL)
(Clerk of the Circuit Cou , Indian River County, Florida)
PUBLIC MCMC
On10, 1988 at 9:05 A.M., the
Board of County May Commissioners of Indian
River
of Coida,awill
• County, Florida, will moat in the County Adm
Inls-
tration Building at 1840 25th Street, Vero Beach.
FL, to consider the application of on-callr bon
lances to provide nonemergent!
between hospitals. wish to appeal - din
Any one who may
which may be made eth�ro meeting proceed-
ineed to
ngs
that a verbatim
Ings to made, which Includes is and �•
dance upon which the apps
May 2, 1988
Emergency Services Director Doug Wright reviewed the
following:
18
LAYlO 1988
BOOK 72 i�cE.298
9
TO:Charles Balczun DATE: May 6, 1988 FILE:
County Administrator
FROM: Doug Wright
EMS Director .
SUBJECT. Amended Staff Recommendation
On -Call Ambulance Company
Application for Certificate
of Public Convenience and
Necessity for EMS Transport
iES' Indian River County
REFERENK•Ordinance #87-66 and Staff
Recommendation dated
April 18, 1988
On April 18, 1988, staff corresponded with the'Board of,County
Commissioners in regard to an application from On -Call Ambulance
Company's request for a Certificate of Public Convenience and
Necessity for EMS transport recommending that the certificate
not be issued. The recommendation was based on input from the
EMS providers as required by the above referenced ordinance.
Since the date of the recommendation, a meeting was held at
the Indian River Memorial Hospital with the EMS providers re-
garding their ability to provide the inter -facility transport
given the staffing problems. .:'existing on the meeting date of
April 28, 1988. The local 'providers modified their earlier
position regarding the On -Cali Ambulance Company and requested
that the recommendation contained in the correspondence re-
ferenced above be amended to reflect their approval for a certi-
ficate to be issued to the company. It was also agreed that
availability of local resources in- terms of inter -facility
transport would be exhausted prior to requesting the services
of On -Call Ambulance Company each time this type transport
was necessary.
Based on the above information, staff recommends that the Indian
River County Board of County Commissioners approve the appli-
cation for a Certificate of Public Convenience and Necessity
for On -Call Ambulance Company to provide inter -facility ALS
and BLS transport.
TO: Charles Balczun DATE: April 18, 1988
County Administrator
FROM: Doug Wright, Director
Emergency Management
Services
SUBJECT: On -Call Ambulance Co.,Inc.
Application For a Certifi-
cate of Public Convenience
and Necessity for EMS
Transport
REFERENCES: Indian River County
Ordinance #87-66
It is requested that the information herein presented be given formal
consideration by the Board of County Commissioners at its next regular
meeting.
DESCRIPTION AND CONDITIONS
On March 24, 1988, an application for a Certificate of Public Con-
venience and Necessity for EMS Transport was received from Dr. Robert
19
MAY 101989
nor 72 ME 299
I. Levy, D.O., Medical Director and President of the referenced
company. The Company is seeking approval of the requested certificate
to provide both BLS and ALS transport into Indian River County. Dr.
Levy has communicated with officers of the various EMS providers in
the County and has made a presentation to the Emergency Services
Coordinating Committee at a prior meeting.
On April 13, 1988, this, writer traveled to Port St. Lucie and
inspected the emergency transport vehicles and facility currently
being utilized by On -Call Ambulance Company. The vehicle inspected
was found to be equipped with items specified in Chapter 10D-66,
Florida Administrative Code. The vehicle and facility were found to
be clean, neat, and well organized presenting a professional appear-
ance. The vehicles are not equipped with medical communications
(MedCom) frequencies at this time. A cellular telephone is used for
communications with the area hospitals.
On -Call Ambulance Company, Inc., began operation on January 1, 1988.
Currently two vehicles are utilized for a service oriented towards
inter -facility ALS transfers.
Seven staff are currently employed. Four paramedics and two EMT's are
employed on a part-time schedule with one administrative staff
employed on a full-time basis.
A review was made of recent run sheets. The documents were found to
be thorough and complete in terms of necessary information. A fee
schedule was submitted and is attached for review.
The base rate for BLS service is $100.00 with mileage assessed at a
rate of $3.50 per mile. A $15.00 charge for oxygen is also reflected
on the fee schedule. The ALS service base rate is $200.00 with
charges for mileage and oxygen the same as earlier stated.
Financial documents related to On -Call Ambulance Company, Inc.,
current status are attached for review.
On -Call Ambulance Company, Inc., was issued a Certificate of Public
Convenience and Necessity by the St. Lucie County Board of County
Commissioners on September 1, 1987, for -ALS -transport services. HRS
issued an Advance Life Support License #262 to the ambulance service
on December 31, 1987 for ALS transport.
Dr. Levy has indicated verbally and in writing that his company is
interested in providing ALS and BLS transport from Indian River
Memorial Hospital to other hospital facilities and in no way intend
to supplant or infringe upon. the existing ambulance services in Indian
River County.
ALTERNATIVES AND ANALYSIS
As specified in Indian River County ordinance #87-66, an investigation
was conducted and service providers contacted for input.
The general consensus was that the volunteer ambulance squads should
be permitted to explore the expansion of their service to include the
inter -facility transfer service. The volunteer entities feel that in
some cases additional revenue can be generated for providing this
service, although they understand that pre -hospital emergency
transport has priority. If the volunteers cannot provide the inter-
facility transport service, they feel that one of the hospitals should
be given the opportunity to service their need.
A mayor concern of all interviewed relate to the indigent patient.
The volunteers do not feel that the On -Call Ambulance Company would be
willing to transport the indigent patient, taking the paying individ-
uals and leaving those without resources to be transported by the vol-
unteers.
MAY 1 0 198
i6-
20
Roof 72 Ft jI 300
Response time was another factor of major concern to those inter-
viewed. A substantial number of inter -facility -transfers have .to be
accomplished on short notice due to the patients condition. If the
ambulance has to travel from Port St. Lucie to Indian River County,
the time period would be excessive as relates to need. It should be
noted that On -Call Ambulance has proposed to possibly station an
ambulance in Indian River County to provide a quicker response time to
those in need of the service.
RECOMMENDATION
Since the current EMS service providers have communicated their desire
to explore and possibly develop an inter -facility transport service
within the County, staff does not recommend that a Certificate of
Public Gonvenienc-e and(Necessity be issued to On -Call Ambulance
Company,'I.nc., at this time. If the providers or hospitals are unable
tb effectivelyprovide. this service, the issuance of additional
certificates for this service will be revisited and a recommendation
will be made to the Emergency Services Coordinating Committee and the
Board of County Commissioners.
Chairman Scurlock believed the first question is why the
recommendation was changed, and Director Wright informed the
Board that they had a meeting with the EMS providers subsequent
to the recommendation dated April 18th, and at that time, it was
the feeling of the providers that they didn't want to close off
all the options available to them as they agreed the availability
of local resources for the inter -facility transport would be
exhausted prior to ON-CALL coming into the area to provide that
service. They, therefore, modified their position and requested
the earlier recommendation be amended to reflect approval.
Commissioner Eggert pointed out that this is primarily
non -emergency transport. The volunteers were doing some but are
not able to do this any more with the change that has come up.
She believed they only came up with a negative response at first
because they felt they could continue to do some of this, but
that feeling has totally changed in the last few weeks.
The Chairman asked if anyone wished to be heard, and there
were none. He thereupon declared the public hearing closed.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved a
Certificate of Public Convenience and Necessity
for On -Call Ambulance Company to provide inter-
facility ALS and BLS transport.
21
BOOK 72 F;10E 301
441 1 I.1.1 :1 .1 1 11 -1 I-1 J 14 / 1-T1 1.1_!.1 _1 1-1 A+T9 .l 1 .1 I.1 .1+1 1 •1 f X1:1 -X1.441.1 1, 1+1 1 J 1 1 1,1-12 l.Lfi•I ,{+fW 1 1 T.O:1A-1.1-1-3.1.1•1 1 1+[ W 1 11J-1,-1 1-1 41-IA.1 '1.2.4.14 1.144 41 d.ld+l 1-1.I f J 1.1=41.1-1 1 1-1 I.W ll 4(_j l -J.1.1 1-1-1 4-1-1 .]- 1.1.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the On -Call Ambulance Co. Inc. has requested authorization to provide
ALS & BLS services to the citizens of Indian River
(Advanced Life or Basic Life Support)
County; and
WHEREAS, there has been demonstrated there is a need to provide, these essential'services to
the citizens of this county; and,
WHEREAS, the above named service affirms that it will maintain compliance with the requirements
of the Emergency Medical Services Act (Chapter 401, F.S.) and rules (Chapter 10D-66, F.A.C.).
THEREFORE, the Board of County Commissioners of Indian River. County hereby issues a
certificate of Public Convenience and Necessity to said Company to provide BLS & ALS Transport
services with limitations as prescribed on this certificate. (BLS,ALS-transport
ALS non -transport)
County has considered
In issuing this certificate, the governing body of Indian River
recommendations of affected municipalities.
Date Issued
May 10, 1988
Limitations:
Date of expiration May 9, 1990
(Unless certificateds sooner revoked or
suspended)
Services limited to non -emergency interfacility transport.
ty Commissioners)
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.: ,1.N u 9.A.
PROPOSED GRAND HARBOR MONUMENT
Administrator Balczun reviewed the following, noting that
there is no definition written into the law by which staff could
effectively analyze what constitutes a monument:
TO:Board of Co. Comm.
DATE: May 5, 1988 FILE:
SUBJECT: GRAND HARBOR MONUMENT
FROM:countySAdministrator REFERENCES:
The Office of the County Attorney as well as the Department of
Community Development have been reviewing the proposal for a
monument to be erected at Grand Harbor. However, no criteria
exists by which the staff may effectively undertake such a review.
Assistant County Attorney William G. Collins proposes that the
Board of County Commissioners review the monument proposal and
refer the matter to the Planning and Zoning Commission with a
request to that body to develop definitions and guidelines for
ultimate consideration by the Board of County Commissioners.
TO: Charle Balczun - County Administrator
THROUGH: Charles Vitunac - County Attorney
1
FROM :William G. Collins — Assistant County Attorney
DATE: May 2, 1988
SUBJECT: Grand Harbor Monument
Our office has been requested to determine if any
special action or procedure is necessary to designate a
monument. It is my opinion that monuments are a permissible
use except where they interfere with airport approach areas.
(See Section 25(a)). The larger question is what
constitutes a monument. Monuments are not defined in the
definition section of the zoning ordinance. Blacks Law
Dictionary defines monument as "anything by which the memory
of a person, thing, idea, art, science or event is preserved
or perpetuated." Black further defines memory as
"recollection of past events."
Section 3(A).1(b)(2) gives the Planning and Development
Director the authority to determine how unlisted uses should
be considered. When the Planning and Development Director
makes such a decision, such a decision may be .appealed to
the Board. of Zoning Adjustments.
23
MAY 101988
HOOK 72 PACE 303
It is my understanding based on Mr. Keating's memo of
April 18, 1988, that he has no criteria by which to review a
monument to make any determination. Thus, he feels it is
not appropriate to make any determination on his own. Mr.
Keating feels that this is policy question for the Board.
Blacks Law Dictionary defines policy as "the general
principles by which a government is guided and its
management of public affairs."
Absent any guidance whatsoever it would appear
appropriate to seek guidance from the Board and for the
Board to receive recommendations from the Planning and
Zoning Commission. Section 26(b)(2) gives the Planning and
Zoning Commission the function, power, and duty to prepare
and recommend policies, to consider proposed developments,
to conduct public hearing for imput, and to conduct special
studies.
Therefore, I would recommend that the Board of County
Commissioners make the determination as to what constitutes
a monument and what zoning districts are appropriate for
monuments to be placed within, and whether monuments should
be treated as permitted uses, special exceptions or
administrative permit uses. Currently, the closest use
category to a monument would be cultural and civic
facilities which are dealt with in Section 25.1(g)(2).
Cultural and civic facilities are permitted uses in the CL,
CG and CH districts. They are special exception uses in the
Al, RM8, RM10 and RM14 districts. They are administrative
permit uses in the OCR, MED and CN districts. Perhaps that
could be a starting point for further imput from the
Planning Commission and the public with further refinements
as to exact definition, purpose etc.
Chairman Scurlock and Commissioner Eggert both expressed
their opposition to any monument. The Chairman noted that we
have a 35' height limitation in the rest of the county, and he
did not know how we got to 109' with all this hocus-pocus about
honoring one thing or another, and Commissioner Eggert commented
that what they are suggesting has never fit under her dictionary
definition of a monument.
Commissioner Wheeler felt the intent is nice and would like
to see the monument built, but he would like to have it 35' or
less.
Administrator Balczun noted that regardless of what is
proposed specifically, this very probably is not the last time
someone will propose a monument by whatever means, and
Commissioner Eggert agreed that we probably should have a
specific definition of monument.
The Chairman concurred a definition is needed as he felt
monument is a pretty broad concept and it means different things
MAY 1 0 1988
24
nu 72 FnE304 304
to different people. He asked Planning Director Keating about
structuring a definition that would be reasonable.
Director Keating confirmed that they can work on this if the
Board wishes. He informed the Board that the Grand Harbor people
have been talking to staff about doing this for well over a year,
and they originally wanted a variance. It was explained that
this wouldn't meet the variance criteria but also noted that
monument was one exception allowed to the height limitations in
the Zoning Code. It was staff's opinion from the beginning that
a monument had to be designated by the Board of County Commis-
sioners, and staff felt that Grand Harbor should approach the
Board and ask them to designate a monument and set any restric-
tions they wanted; then it would be reviewed under normal site
plan criteria like any other improvement. He noted there are a
number of criteria that can be worked out and run through P&Z and
then it will come back to the Board for adoption as an ordinance.
Chairman Scurlock emphasized that he is only concerned about
the 35' height limitation, and the only exception he feels there
should be would be for our elevated water storage tanks, which is
a functional situation.
Commissioner Bowman pointed out that that part of Grand
Harbor is built on the theme of a European seaside resort, and
every such European town has some sort of high structure that
identifies it, i.e., a cathedral spire, campanile, etc. She
believed the proposed monument seems to fit well into the
architectural scheme of Grand Harbor, and if we are not going to
have architectural standards and we are not going to say you
can't build a French fishing village, then she did not think you
can't have some sort high structure that identifies it, which she
believed was the architect's intent. Commissioner Bowman agreed
that it is up to the Board as to whether this exceeds 35', but
she asked if the Board is going to limit church steeples, and if
so, what about the First Baptist Church.
25
[VIM 10 1988
BOOK 72 F'AAcE 3O5
Director Keating advised that is an allowable exception.
Chairman Scurlock believed if you develop Commissioner
Bowman's thesis, you could bring up the architecture in New York
City where a 50 -story building is acceptable, and Commissioner
Bowman noted that you can question whether a French fishing
village is suitable to Indian River County, but whether it is or
not, it is there and we allowed it.
Commissioner Wheeler believed that majority of the people
who would see the tower will be traveling U.S.! and won't know
what it is, but Commissioner Bowman felt most will probably see
it from the river.
Commissioner Bird concurred that we should define monument
but felt it has been indicated that the 35' height limitation is
pretty sacred to the county, and Commissioner Wheeler expressed
his concern about setting a precedent.
Commissioner Bowman wished to make it clear that she would
not want to set a precedent, and she would want this monument to
be the only one.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner to refer this matter to Planning staff
to develop a definition and guidelines for monuments
with direction to keep the height at a maximum of 35'.
Interested citizen, William Koolage felt strongly that Grand
Harbor just wants the monument for their own advertising and
promotional purposes, and saw no reason to break the 35' height
limit for monuments. He felt the proposed monument would be an
eyesore and possibly even an aviation hazard, and he just didn't
want to see it allowed.
Chairman Scurlock advised that he had asked a banker if he
would be willing to loan money to build such a monument, and was
informed this would be fundable on the basis of advertising.
26
tIiAY 638
BOOK 72 r 3E..3O6
Director Keating suggested that if the major concern is the
35', we could just send an
monuments under the height
necessary
ordinance through P&Z eliminating
exceptions and then it would not be
to set criteria for monuments because they would be
reviewed under normal circumstances and be accessory uses where
they are appropriate.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
REQUEST FROM SEBASTIAN POLICE DEPT. TO CLOSE A PORTION OF INDIAN
RIVER DRIVE ON MAY 24, 1988, FOR A PARADE
The Board reviewed from Public Works Director Davis:
TO: Charles P. Balczun
County Administrator
DATE: April 27, 1988 FILE:
SUBJECT:
James W. Davis, P.E.
Public Works Director David Carter, Chief of
FROM: REFERENCESpolice to Jim Davis
dated 4/15/88
REQUEST FROM CITY OF
SEBASTIAN, POLICE
DEPT. TO CLOSE I.R.
DRIVE BETWEEN HARRISON
ST. & JACKSON ST. FOR
A PARADE ON 5-14-88
BETWEEN 8:30 A.M. AND
10:30 A.M.
DESCRIPTION AND CONDITIONS:
Chief Carter is requesting that Indian River Drive be closed at the
South point of Harrison Street to the North point of Jackson
Street from 8:30 a.m. to 10:30 a.m. for a "Just Say No To Drugs"
parade. Staff has no objection to this request provided that:
1) Proper barricades as permitted by the Traffic Engineering
Department are installed.
2) A representative be listed as a contact person in charge
of the event in case the road needs to be opened.
3) Access to emergency vehicles be maintained.
NiAY 10 met
27
BOOK 72 f'n:3U7
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the closing of Indian River Drive between Harrison
Street and Jackson Street between 8:30 A.M. and 10:30
A.M. for a "Just Say No To Drugs" parade contingent
upon the conditions listed by staff being complied with.
PARKS AND RECREATION USER FEE AND REVENUE STUDY
Administrator Balczun reviewed the following, emphasizing
that this represents a colossal effort by Director Davis.
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.
Public Works Directof
SUBJECT: Indian River County Parks &
Recreation User Fee and
Revenue Study - May 1988
DATE: May 2, 1988
DESCRIPTION AND CONDITIONS
The County Public Works Department staff and Recreation Director,
with support from Mayes, Sudderth, and Etheredge, Inc., Parks
Consultants, have completed the Parks and Recreation User Fee and
Revenue Study. On April 14, 1988, the Parks and Recreation
Committee recommended approval of the Study subject to the
following:
1) The parcel of oceanfront property referred to as the "No. 11
Corporation Property" should be included in the Capital
Improvement Program for Oceanfront Parks (page 47). This
parcel must be opened to the public by 1993 as a condition
of the Florida Save Our Coast Program.
2) Correct cost figures on page 47
3) Substitute Land and Water Conservation Fund Grants for CARL
Grants on page 48.
The Committee also recommended that the Board of County
Commissioner approve the use of Special Taxing District Revenue
for operating expenses and not for capital improvement unless
there is a decline in the other revenue sources.
ALTERNATIVES AND ANALYSIS
USER FEES
The alternatives recommended in the study include
adopting a User Fee Schedule for Children Programs
(Page 30) and a separate schedule for Adult Programs
(Page 31). In addition, the. following User/Rental
fees are presented:
a) Kiwanis Hobart Park Rental Fees - these rental
fees would apply to similar facilities at other
location (Page 27).
b) County Fairgrounds - Fairground rental fees for
special events (Page 28).
c) Ocean -Front Fees - Possible parking fees for
Golden Sands Park and other large parks. Other
miscellaneous fees are recommended (Page 29).
The Fees proposed should be adopted by Resolution
prepared by the County Attorney's office.
P►J 10 1988 28 BOOK 72 F ,u.'03
CONCESSIONS POLICY
A concessions policy applicable to County Parks is
recommended. This policy was recently approved by the
Board in early 1988.
LONG-TERM FACILITY NEEDS
Three Capital Improvements Programs are recommended, as
follows:
a) Resource -Based Community Parks Facilities/Ocean-
Front Parks C.I.P. (Page 47)
o This program should be implemented to provide
beach access. Indian River County has
previously made commitments to the Florida
DNR to improve the County and State purchased
lands so that public use is permitted. The
Program identified $3,006,000 of projects
within the next 20 years.
b) Resource -Based Community Park Facilities/Non-
Oceanfront Parks C.I.P. (Page 48)
o This program identifies improvements to parks
along the Indian River and Sebastian River.
A total of $2,350,000 is_recommended over the
next 20 years to provide boat ramps, parking,
and other amenities.
c) User -Based Community Park Facilities C.I.P. (Page
49-50)
o To provide ball fields, tennis courts, and
user type facilities including land, a
$5,352,000 program is recommended for the 20
year planning horizon.
Funding of the programs include a Recreation Impact Fee
and various other funding sources.
RECOMMENDATIONS AND FUNDING
Staff recommends the following:
1. Approve and authorize implementation of the study.
2. Authorize preparation of a resolution to adopt the User Fee
schedules.
3. Direct staff to prepare a Request for Proposals to obtain a
Consultant to prepare a Recreation Impact Fee Ordinance.
4. Direct staff to begin the necessary work to establish a
Dependent Taxing District pursuant to F.S. 418 for the
unincorporated area. Request the five cities to create a
recreation district within its boundaries (see County
Attorney's memo in the appendix of the study)
PARKS AND RECREATION COMMITTEE
SUMMARY OF ACTIONS
APRIL 14, 1988
The Committee reviewed the User Fee and Revenue Study and
recommended minor changes. 1) #11 Corporation should be included
in the North Beach Complex properties on page 47; 2) the figures
on page 47 are incorrect; 3) on page 48, CARL funds should be
changed to L&WC funds. The Committee recommended that the Board
of County Commissioners approve the Study as amended, and use the
Special Taxing District for operating expenses and not for
capital improvements unless there is an economic decline in the
other revenue programs.
The representative from Gifford abstained from voting because the
Gifford Civic Progressive League did not understand portions of
the Study. Commissioner Bird and Jim Davis will meet with the
Civic Progressive League and attempt to answer their questions.
V1AY 1 0 1988 29 BOOK 72 m 09
Commissioner Eggert understood the impact fee being aimed at
is $431.62.
Director Davis confirmed this and explained the level they
feel the impact fee should be established at blends in other
revenue sources to fund the capital improvements, including grant
opportunities, the Boating Improvement Trust Fund, etc.
Commissioner Eggert asked if they are also recommending the
dependent taxing district, and Administrator Balczun stated that
they are suggesting we hold off on that until a workshop meeting
with the City can be scheduled.
Commissioner Eggert was also curious that while assessment
was mentioned, it wasn't really discussed at length, and she felt
this should be considered as she would like to see us move closer
to countywide recreation however we do it.
Commissioner Bird felt this is a step in that direction, and
he wished to commend Director Davis and staff for their work on
this study.
Commissioner Eggert noted that she had some question in
regard to the figure as related to ownership. On the ballfields,
for instance, it said ownership was Vero Beach/Indian River
County, and she believed the county owns the ballfields and that
we . lease them.
Director Davis agreed that we own the property, but he
believed the actual facilities, bleachers, etc., are owned by the
City; so, there is a joint participation.
Chairman Scurlock noted that page 45 of the study states
that if you are talking about an estimate including another
million over the next 20 years, inclusion of the grants mentioned
earlier and funds from the General Fund would result in a fee of
$292.00.
Director Davis agreed we could drop the impact fees to that
level. He advised, however, that in developing the capital
improvement program, it was assumed the revenue would come from
the unincorporated area only. It is certainly hoped that the
!V AY 1 1988
30
BOOK 72 F,ACE 3IO
cities would participate because we feel a countywide recreation
area would benefit everyone by consolidating and eliminating
duplication of staff and resources, but for the purpose of the
study, it was felt it might be well to segregate the unincor-
porated area, and this figure evolved from that area only. We
are blending some revenue sources, including the General Fund as
stated on Page 45. If we did not want to blend some General Fund
revenue sources in with that, then the level would be the $431
shown on Page 44.
Chairman Scurlock stated that he leaned toward the lower
figure for several reasons, one obviously being from the point of
community acceptance. However, there are a number of develop-
ments that occur that basically provide a lot of their own
recreational facilities (tennis - golf - swimming pools -
yachting facilities, etc.), and he felt it will continue to be
the trend that a lot of our up -scale projects will do this, which
will mitigate their impact. Personally, at first look, the
Chairman felt the figure should be in the under $300 range.
Commissioner Eggert spoke of the problems being encountered
by the Housing Authority in trying to provide affordable housing,
noting that there are 700 units in the county now that should be
condemned and replaced. Actually, probably 2,000 units are
needed, and the higher the impact fees get, the more difficult it
becomes to bring in any low income housing.
Chairman Scurlock pointed out that, on the other hand, that
is exactly who is demanding the services. He did not believe we
can waive impact fees; so, his thinking about this is that if we
are going to subsidize public housing, we have to "belly up to
the bar" and pay the impact fees for them - and if this community
is willing to support that, then that is what we should do.
MAY 101988
ih.____
31
50,0 2 FGE. 311
Commissioner Eggert did not disagree with the Chairman, but
noted that she is just saying that is another reason for the $300
and under figure.
Commissioner Bird asked if staff is asking the Board to
accept the first three recommendations.
Administrator Balczun stated that it is the first two. It
is not really necessary to have a consultant come in and draft
the ordinance; staff feels that can be done in-house, and if
between now and then any Board members want to make input as to
what they consider a more reasonable level of fees, we can input
that into the ordinance. In terms of the district concept and
tying it in with a referendum, they are suggesting we hold off on
that part pending results of our upcoming discussion with the
City.
Chairman Scurlock hated to move ahead and adopt impact fees
without having a complete package and going to the public to see
if this community believes enough in its recreation programs that
they tell us through a referendum to move towards a countywide
system to go for the long haul.
Commissioner Bird agreed that is long overdue.
Administrator Balczun just believed the Board should tell
staff to proceed in a logical and orderly fashion, which is to do
steps #1 and #2, and then come back with the legislation and the
Board can have its hearing, etc.
Commissioner Eggert noted that if we are going to have a
workshop within the next month, which she understood we are, we
will certainly see if we can get the City of Vero Beach to
cooperate, which will give us a much better idea of how things
stand.
Chairman Scurlock envisioned a joint venture to present a
package like South County Fire District - educating the community
so they know exactly what they are going to get for their dollars
32
MAY 1 '1988
g f� 2P 312,
and how we are going to distribute the improvements and the
programs.
Director Davis noted that the document is flexible. The
capital improvement program really addresses county park facili-
ties, but it can be expanded to include city park facilities. For
the purpose of this study, however, staff did not want to go into
Sebastian or Vero Beach and say what they need, i.e., a new
tennis court. at Memorial Island Park, etc.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved
staff's recommendations #1 (approve and authorized
implementation of the study) and #2 (authorize
preparation of a resolution to adopt the User Fee
schedules.
COPY OF COUNTY PARKS 6 RECREATION USER FEE AND REVENUE STUDY IS
ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
JAIL PHASE II - FINAL PAY REQUEST
Administrator Balczun reviewed the following memo:
TO:
THRU:
FROM:
BOARD OF COUNTY COMMISSIONERS DATE: MAY 2, 1988
CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
H. T. "SONNY" DE
OWNER'S AUTHORIZED REPRESENTATIVE
SUBJECT: INDIAN RIVER COUNTY JAIL - PHASE II
FINAL PAY REQUEST
The subject pay request was forwarded to this writer on April 4,
1988, along with Change Order #5. On April 26, 1988, the Board
approved Change Order #5 which necessitated a change in the figures
as requested.
Construction has been completed on Phase II of the Jail Project and
the contractor has responded to all warranty items as requested.
All paper work has been completed and specified drawings have been
received.
Staff recommends Board approval of the pay request and authorization
for the Chairman to execute the documents.
33
,MAY , 10 1988
I.,______
BOOK 72 FAGE 3l3
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved the
final pay request for Schopke Construction as recom-
mended by staff in the amount of $147,560.00.
c..`.7171#
APPLICATION AND CERTIFICATE FOR 'PAYMENT AIA DOCUMENT G702 (Instructions on reverse side) Ilia nNt (1t gtai
1OIOWNIRI: Board of County Commissioners
Indian River County, Florida
Vero Beach, FL 32960
FROM (CONTRACTOR):
Schopke Construction & Engineering, Inc.
1620 Tangerine gStreet
tf Alil•CleFog Construction
PROILCT:Indian River County Jail -
Phase II
Vero Beach, Florida
APPLICATION NO: 17 Distribution to:
IJ OWNER
PERIOD TO: 3/18/88 1] ARCHITECT
I.1 CONTRACTOR
• LJ
VIA (ARCHITECT): ARCHITECT'S
Frizzell Architects, Inc.
jJ
PROTECT NO: 1878
CONTRACT DATE: 5/28/86
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY
Change Orders approved in
previous months by Owner
TOTAL
ADDITIONS
7,526.16
DEDUCTIONS
!/S I{//, 4'
i,19FJ: )
00
Approved this Month
Number
Date Approved
TOTALS
7,526.16
•21i•00'00
Net change by Change Orders 3Z9V ,N{ v426:•t6-4
The undersigned Contractor certifies that to the best of the Contractor's knowledge,
information and belief the Work covered by this Application for Payment has been
completed in accordance with the Contract Documents, that all amounts have been
paid by the Contractor for Work for which previous Certificates for Payment were
issued and .payments received from the Owner, and that current payment shown
herein is now due.
CONTRACTO•CHOP1 0NSTRUCTION & ENGINEERING, INC.
Ov: — ei SCiiop
Date• 3/18/88
ARCHITECT'S CERTIFICATE FOR PAYMENT
In .0 c ordant e with the Contract Documents, based on onsite observations and the
data comprising the above application, the Architect certifies to the Owner that to the
best III the Architect's knowledge, information and belie) the Work has progressed as
intik ated, the quality of the Work is in accordance with the Contract Documents, and
the Contractor is entitled to payment of the AMOUNT CERTIFIED.
•
Application is made for Payment. as shown below. in connection with the Contract.
Continuation Sheet, AIA Document G703, is attached.
1. ORIGINAL CONTRACT SUM $ 1.903.286.00 .�
2. Net change by Change Orders $ V tid. F7i 426 Y�
3. CONTRACT SUM TO DATE (line 1 + 2) id 943.em's/S 1 900, 12-.1C
4. TOTAL COMPLETED & STORED TO DATE 1W/ -t VW/if
(Column G on 67031
S. RETAINAGE:
a. _0. % of Completed Work $
(Column D + E on G703)
b. % of Stored Material $
(Column F on G703)
Total Retainage (Line 5a + Sb or
Total in Column I of G703) $ -0-
6. TOTAL EARNED LESS RETAINAGE . i 8¢S, '' /6 s -1-9gg 7} }fs
(Line 4 less Line 5 Total) Pd thru Tmtl #235 661,202.62 •
7. LESS PREVIOUS CERTIFICATES FOR
PAYMENT (Line 6 from prior Certificate) $ 1 .056, 638.54
8. CURRENT PAYMENT DUE /4I7S4p. do $ 1701}`
9. BALANCE TO FINISH, PLUS RETAINAGE $ -0-
(Line 3 less Line 61
Sweat: Florida County of: Brevard
Subscribed and sworn to efore me this / r3$ day of tiuoh ,19 PP
Notary Public: •a rc tate 01 F(nnda At Large
My Commission expires: My Commission Ecp+res Mar. 30. 1991 /'ir/ SGo. to
AMOUNT CERTIFIED $ %V.
(Attach explanation if amount to If m the•amuunt applied hitt
ARCHITECT: w, } FI' i LL r�fi ill Amu•
By:
Date. _3( t
This Certificate 1 not negotiable. The AMOUNT CERTIFIED is payable only to the
Contractor name herein.Issuance, payment and acceptanceu(payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
-0-
-0-
A1A DOCUMINI 07117.5151115(1151 MO CIRII/ICAMI ION PAYMLNI • MAY 1751 11111051 • AIA• • a t4ar
1111 55)1111 AN INAIII(IJl 0) ARCI1111Cti, 1715 N1W 505). 15751111, N.W. WAM11N4:10N. O C. MA
34
'MAY .10 1988
6702.1983
BOOK 72 FgE 314
ACOUSTICS - INDIAN RIVER COUNTY JAIL
Administrator Balczun reviewed the following:
TO:Bd. of County Comm.
DATE: May 4, 1988 FILE:
SUBJECT: ACOUSTICS - INDIAN RIVER
COUNTY JAIL
FROM:Charles P. Balczun 3�, 1 69 a
County Administrator 1'4'0444917 ti
N (�M fto �uitw y
iL.
c^c�22 NF �ok .v
oWW
By letter dated April 21, 1988 I requested Correctional Internal
Inspector Supervisor E. Russell Smith of the Florida Department of
'Corrections to provide us with "specific data, definitions or
target levels which would be satisfactory" concerning the acoustics
at the Indian River County Jail. A copy of that correspondence is
attached for your information.
BACKGROUND
REFERENCES:
As a response, I have received a copy of a memorandum from
Assistant Attorney General James Peters to Mr. Smith dated April
29, 1988. A copy of that memorandum is also attached.
Please note the AAG Peters statement. with respect to American
Correctional Association Standards for Local Detention Facilities #
2-5.114 which states:
"... noise levels generally within these parameters would
be in compliance with the more general standard of 33-8.005
(10)(a)6."
AAG Peters also states:
".... this standard was not expressly adopted so as to
enable local detention facilities some leeway in con-
struction and to avoid controversy arising from an
unduly rigid standard."
The ACA standard to which reference is made provides for daytime
noise levels not exceeding 70 db and nighttime noise levels not
exceeding_45 db.
While we do not have empirically derived sound level data which
resulted in the original inspection acoustics citation and
consequently do not know the extent to which we must reduce noise
levels, it is important to recognize that every 1 db increase means
a 26% increase in sound power while a 1 db decrease means a 20%
decrease in sound power.
ANALYSIS
Our existing maximum security pod has been cited for inadequate
acoustics. We will certainly continue to be cited if we do not
take appropriate action.
The DOC however does not yet have a fixed standard as evidenced by
AAG Peters' referenced memorandum. It appears that the ACA
standard would be strongly considered for adoption if DOC elects to
adopt any fixed standard at all.
MAY 1019&8
35
Boog 72 PAUU 315
Since the matter of alleged acoustical deficiencies is public in
nature I believe it is correct to assume it is known to some and
maybe all of our current inmates. It goes without saying that this
presents them with another issue which they may litigate. While we
have no means of estimating our future costs of legal defenses
arising from such litigation, I believe that it would be in the
public interest and far more responsible for us to solve the
problem forthwith as opposed to ignoring the problem and inviting
litigation.
RECOMMENDATIONS
It is recommended that the Board of County Commissioners:
1. Direct staff to communicate in writing with appropriate
staff of the Department of Corrections and the Office of
the Attorney General
a. To express our willingness to proceed to cure
alleged acoustical deficiencies to the standard set
forth in ACA 2-5.114.
b. Obtain DOC approval of this standard as the
acoustics level(s) to be achieved by us.
c. Obtain DOC and OAG agreement that in the event
acoustics level(s) is/are promulgated in the future,
and, if the level(s) are more stringent than those
currently referenced in ACA 2-5.114, Indian River
County will be expressly exempted from those more
stringent levels based on the fact that we intend to
proceed expeditiously and in good faith
2. Direct staff, upon receipt of assurances as referenced in
1.b and 1.c above, to:
a. Direct architects to engage in design work
incidental to curing acoustical deficiencies in the
existing maximum security pod.
b. Direct architects to design appropriate acoustical
considerations into our pod currently in the design
development stage.
STATE OF FLORIDA
DEPARTMENT OF LEGAL AFFAIRS
.EMOB-AND t114
TO: Russell Smith Charles P. Balczun
Chief Inspector / County Administrator
FROM: Jim Peters
Assistant ney General
RE: Indian River County
DATE: April 29, 1988
In response to the April 21, 1988, letter inquiring about a
measurable acoustics standard for the Indian River County Jail,
please be advised that the American Correctional Association
Standards for Local Detention Facilities #2-5.114 recommends:
noise levels do not exceed 70 decibels in
daytime and 45 decibels at night.
36
L.iAY,lC 1988
Boom 72 FnE 316
Accordingly noise levels generally within these parameters would
be in compliance with the more general standard of 33-
8.005(10)(a)6.
The ACA recommended standard was proffered as a standard at the
time the acoustics requirement for local Florida detention
facilities was enacted. In deference to the Florida Sheriffs
Association this standard was not expressly adopted so as to.
enable local detention facilities some leeway in construction and
to avoid controversy arising from an unduly rigid standard.
In the event the existing regulation is deemed unacceptable, I
suggest that the ACA standard be promulgated.
Please advise if other details are needed.
The Administrator informed the Board that while we do not
have empirically derived evidence as to the acoustics level in
the jail, there were some readings taken by a private firm that
came in to do an inspection, and the person who took the readings
seems to recall that the ambiant level daytime was 85 dba.
Since, as noted in his memo, every one decibel increase is an
increase in sound power of 26%, an increase of ten decibels is
fairly substantial.
Commissioner Bird wondered how much the decibel level will
vary when we relieve the overcrowding situation and get that jail
down to its normal population.
Administrator Balczun believed there is a tremendous
difference between sound volume and sound power. He noted that
while the hexagonal design of the pods is very efficient in terms
of jail design, it is very inefficient in terms of sound, and
sound bounces all over the place.
Chairman Scurlock personally felt the architects had a
significant responsibility in designing this facility. Although
the D.O.C. did not have specific criteria at the time, there is a
great deal of literature available on sound levels, and all the
literature he has read on this subject would seem to indicate
that an architect should have had available the knowledge that 70
and 40 are reasonable sound levels and they should have designed
for that criteria. While he realized we will have to make
37
MAY 1 0 '1988
BOOK 72 PAGE 317
improvements, possibly costing many thousands, he did not think
we should pay the architect a dime for them to do a redesign of
something they blew in the first place.
Commissioner Eggert believed that any time you know there is
a group of people contained in one place who are not thrilled to
be there in the first place, you should be very conscious of
acoustics.
Administrator Balczun noted that he can certainly inform
Frizzell that the Board has no intention of paying them for
design work that relates to retrofitting the existing pod for
acoustical work. The Administrator felt, however, that it is
most important that we write the D.O.C. and get them on line that
if we proceed in good faith with the ACA standards, they are not
going to cite us next year for some standard that is 1/10th of a
decibel lower. He found it incredible that they cited us the day
after they certified that building, especially in view of the
fact that the Assistant Attorney General admits in writing that
they didn't put the higher standard into the law in the first
place in order to give counties like us maximum leeway in design.
Commissioner Bowman asked when the standard was established
as she felt Frizzell may have an out.
Chairman Scurlock did not think the D.O.C. has a standard,
but the point is that for many, many years there have been sound
level standards for sleeping and living for office environments,
airports, etc., buildings in general, not specifically for jails,
and he believed the information was there.
Administrator Balczun advised that Chapter 33 of the Admin-
istrative Code has target levels for a lot of things, but decibel
levels are noticeably absent.
Chairman Scurlock agreed that the D.O.C. did not have
standards. When they came out there, they took readings and
simply pointed out that OSHA manuals say you can't sleep if the
level is over 40.
Commissioner Bird asked if Frizzell ever stated what
standards, if any, they used to design the acoustics.
SAY .101988
38
r3OOK 7 F'sGE 318
Chairman Scurlock noted that he asked them that at the last
meeting, but they never answered his question, and he felt we
should get an answer from them as to just what criteria they did
design for.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved the
staff recommendation as set out in the Administrator's
memo dated May 4, 1988, with a request for acoustic
design criteria information, and directed staff to
make it known the county does not feel they should pay
for redesign in Pod "B" Phase I.
SWIM GRANT APPLICATION
Administrator Balczun reviewed the following:
TO: Bd. of County Comm.
DATE: May 6, 1988 FILE:
SUBJECT: SWIM GRANT APPLICATION
Charles P. Balczun
FROM: County Administrator REFERENCES:
The Public Health Department is making application to the St. Johns
Water Management District for some $85,000 to underwrite the costs
of a program to investigate and reduce pollution of the Indian
River Lagoon arising from on-site disposal systems, sewage
treatment plant discharges and poorly maintained water retention
areas.
The proposed program is to be reviewed by the St. Johns River Water
Management District Board on May 9 or May 10 and consequently the
department was unable to prepare all of the grant documents
necessary to obtain prior approval from you.
This matter will be placed on your agenda for May 10, 1988.
39
W1AY 10198
ROOK
14 PAGE 319
The Administrator advised that we have virtually no
financial exposure outside of some staff time.
Commissioner Eggert asked if we hadn't gotten a memo from
Environmental Health Director Michael Galanis saying that somehow
through the environmental funds $85,000 had been granted to the
County through the SWIM Bill.
Mr. Galanis noted that Administrator Balczun said the Public
Health Unit made application, and actually, he is the Public
Health Unit. In this particular case, he made the application in
the name of the Environmental Control Board, and the Commission
is the Environmental Control Board. He was appointed Environ-
mental Control Officer by the Board, and as such, this was
something that was an outgrowth of his activities on the Indian
River Lagoon Committee.
Chairman Scurlock noted that one of the concerns he has is
that we have been working with the School Board looking at
various school sites, and one of the sites being considered is
the Davis Dairy. When this was being discussed, he remembered
mentioning the SWIM Bill and the possibility that some funds may
or may not be available. He would just like us to move ahead,
and if there are funds available, do whatever we can do to clean
up that dairy site, with or without the school, as that is an
area we demonstrated creating problems for our river, and' we
should pay some attention to it.
Mr. Galanis confirmed there is a study by the DER that
implicates that dairy once again pretty heavily, and he has seen
a draft consent order between the DER and the dairy which
requires some major structural and drainage modifications to that
site.
Chairman Scurlock continued that if the School Board ends up
selecting that site, his thinking is that there may be some funds
here to help them along and at the same time help the community
in not having to pay more freight for a high school than we have
to.
1,114Y 1 O '1988
40 POOK 72 PAGE 320
Mr. Galanis assured the Board that once we have the SWIM
funds, we will be able to deal with them. He also wished to
point out that we are somewhat unique in that we already have an
enforcement structure in this county in the Environmental Control
Board. Some of the things proposed under this SWIM Act we are
doing already. This is an adjunct funding and will allow us to
get two more areas, and he believed it is an important step.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously approved
application to the St. Johns Water Management District
for a grant to underwrite costs of a program to in-
vestigate and reduce pollution of the Indian River
Lagoon.
DISCUSSION RE FREE-FLOWING WELLS
Administrator Balczun wished to comment as a follow-up to
the grant discussed above that we are going to be taking a long
hard look at the on-going problem of the many free-flowing wells
in the county.
Chairman Scurlock believed we had a St. John's program that
was available for a period of time to deal with such wells, but
because we are talking about water resource which directly
relates to our long range ability to provide a cost effective
means of bringing good potable water to homes, he personally felt
it would be a proper function of our Utilities Department to
become involved and that possibly there should be some monies
available at some time out of the Utilities Department to get
into a well -capping program, maybe on a very limited basis. This
is something we need to do, and we need a source for it.
Commissioner Bird asked if St. John's River Water Management
District doesn't still have that same program, and Administrator
Balczun believed they do, but St. John's is a big district.
41
NAY 10 1988
BOOK .72 PAGE 321
Commissioner Wheeler stated that he would like to see us as
a county proceed to follow up on these wells, and he felt we need
to develop some vehicle to deal with this.
Chairman Scurlock noted that he is suggesting that through
our Utilities Department we seriously look at preserving this
resource and the possibility that a very small portion of the
utility bill could be set aside for this purpose.
Administrator Balczun suggested that staff could come back
in a few weeks with a recommended program.
Discussion continued about where you get the authority to
cap these wells if the property owner is not in agreement.
Mr. Galanis wished to point out that we really aren't
talking about capping wells, we are talking about "grouting"
wells. He informed the. Board that he has been working with this
issue for 4 or 5 years, and every one he finds is referred to St.
John's and is either capped or plugged. He explained that he is
not talking about the wells that feed the lakes because they are
all grandfathered if they were built before 1952. As to
authority, there are state laws about plugging these wells, and
the Environmental Control Ordinance allows us to enforce state
law; so, there is no doubt we can enforce the plugging of a free
flowing well. Mr. Galanis also wanted to mention that there is a
revenue sharing program in which you contract and work with St.
John's so it will lower the costs for both entities, and St.
John's is very interested in working in that type of program.
The Chairman believed we should develop an overall policy
and a plan and a source of funding.
Commissioner Bird did not see us getting involved on a local
basis if this is being done effectively by St. John's.
Mr. Galanis emphasized that it is not being done effec-
tively. We do not have a high enough priority overall in St.
John's, and there is not enough money, and that is why they are
trying to set up cost sharing programs.
42
SAY 1 0 1988
BOOK 72 FACE 322
Chairman Scurlock believed there are many wells built before
1952 that property owners would like to have capped, but the cost
is what stops them.
Mr. Galanis agreed because we are talking $2-3,000. He also
noted that capping wells can be just as damaging as letting them
flow because you are forcing a breakdown in the internal casing
if it is that old and causing contamination of the shallow ground
water aquifer; so, you just have to grout them.
Chairman Scurlock suggested that we just ask staff and Mr.
Galanis to give us an approach to this, and the Board agreed.
DOUGLAS ELEMENTARY SCHOOL SITE
Attorney Vitunac reviewed the following:
TO: Board of County Commissioners
FROM:
DATE: May 26, 1988
RE: DOUGLAS ELEMENTARY SCHOOL SITE
Commission Meeting - May 10, 1988
Charles P. Vitunac, County Attorney
On February 9, 1988, the Board of County Commissioners
approved leasing the South one-third of the Douglas School
site to the the Wabasso Volunteer Fire Department in order
that they may build new facilities on that land.
In reviewing the legal descriptions, the County Surveyor
determined that some time ago the County leased overlapping
portions of this site to both the Economic Opportunities
Council and the Wabasso Progressive Civic League. To
correct the existing problem while at the same time taking
care of the new request, this office prepared and the
Emergency Management Director had executed two quitclaim
deeds --one from the Economic Opportunities Council
(quitclaiming back one-third of the site) to the County, and
one from the Wabasso Progressive Civic League. We also
prepared a license between the Economic Opportunities
Council and the Wabasso Progressive Civic. League covering
the "cafeteria building."
Attached is a lease from the Board of County Commissioners
to the North County/Fire District for the South one-third of
43
MAY 10 1988
ROOK 72 [An 323
the property (which the Fire Department wants to use) and a
sublease from the North County Fire District to the Wabasso
Volunteer Fire Department. We now request permission for
the Chairman of the Board of County Commissioners to execute
the lease to the North County Fire District, as well as
permission for the Chairman of the North County Fire
District to execute the lease with the County and the
sublease to the Wabasso Volunteer Fire Department.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
the Chairman of the County Commission and the Chairman
of North County Fire District to sign the lease and
sublease described above.
LEASE
FROM
INDIAN RIVER COUNTY, FLORIDA
TO THE
NORTH INDIAN RIVER COUNTY FIRE DISTRICT
FOR
USE OF PART OF THE DOUGLAS ELEMENTARY SCHOOL
SUB LEAS E
FROM
NORTH INDIAN RIVER COUNTY FIRE DISTRICT
TO
WABASSO VOLUNTEER FIRE.DEPARTMENT .
FOR
USE OF PART OF THE DOUGLAS ELEMENTARY SCHOOL
LICENSE
FROM
ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY, INC.
TO THE
WABASSO PROGRESSIVE CIVIC LEAGUE, INC.
FOR
USE OF DOUGLAS SCHOOL CAFETERIA BUILDING
ABOVE LEASE, SUBLEASE AND LICENSE ARE ON FILE IN THE OFFICE
OF CLERK TO THE BOARD IN THEIR ENTIRETY.
MAY 10 1988
44 fOO F$ [324
DISCUSSION RE WATER PROBLEMS AT VILLAGE GREEN
Chairman Scurlock wished to get this matter clear on the
record. Village Green has had some serious problems with their
water system, and while these problems were not caused by the
county, he has had a number of calls from concerned residents as
to what we are doing about these problems and how fast we are
doing it. He stressed that we are trying to do something about
this but wished the people to understand that there are a number
of agencies involved, and due process sometimes makes this slow.
A letter has been mailed to the owner of Village Green Mobile
Home Park by the Environmental Health Director and Assistant
Utilities Director, as follows:
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
2525 14TH AVENUE ENVIRONMENTAL. HEALTH
VERo BEACH. FL 32980 1840 25TH STREET - SUITE N-118
TELEPHONE (305) 587.1101 VERo BEACH. FL 32980
SUN-CoM 221-5302 TELEPHONE (305) 5878000 Err. 229
SUN -Com 224-1
May 5, 1988
Mr. Morris Wilder
Wilder Corporation
3040 Gulf -To -Bay Boulevard
Suite 101
Clearwater, F1 34609
Certified # P320 487 238
Re: DHRS Complaint #707-88
Village Green Mobile Home Park
Potable Water System
Dear Mr. Wilder:
This letter constitutes Formal Notice to Correct Violation of
Chapter 85-427, Special Acts, Laws of Florida, The Indian
River County Environmental Control Act, and the following
laws and rules, which are adopted by reference in said Act.
Your attention is hereby called to the following conditions
found to exist on your premises located at Village Green
Mobile Home Park, 7000 - 20th Street, Vero Beach, Florida.
The following violations were noted in inspections conducted
by Messrs Barletto and Schuessler of this department on April
7, 29, and May 4, 1988.
MAX To 19
45
coon 72 DGE 325
VIOLATION: Chapter 403.861 (8) (15) (16), Florida Statutes•,
and Chapter 17-22.220, Florida Administrative Code. Field
testing of the potable water in the distribution system on
April 7, 1988, revealed that the Total Dissolved Solids (TDS)
were over 1700 mg/l. The chloride level was 950 mg/1. The
maximum contaminant levels allowed for TDS and chlorides are
500 mg/1 and 250 mg/1, respectively. Our inspection on April
7, 1988, revealed that the 25 hp pressure pump that provides
service to the Reverse Osmosis Membranes was not working due
to repairs. Mechanical parts for the pump had to be ordered
from a firm in Colorado. A backup pump was not available on
site. Field tests conducted on April 29, 1988, revealed that
the TDS and chlorides were still above the maximum contami-
nant level (1170 mg/1 and 700 mg/1) after the pump was put
back into service. On April 7, 1988, it was observed that
two (2) of the five (5) reverse osmosis membranes were
leaking at the piping seals. On May 4, 1988, field tests
revealed that the treated water chlorides and TDS had not
changed. It is apparent that after the pump was put back
into service, the reverse osmosis membranes are not
adequately treating the water.
VIOLATION: Chapter 403.861 (8) (9), Florida Statutes, and
Chapter 17-22.620, Florida Administrative Code. On April 7,
1988, an inspection of the water treatment facilities
revealed the following violations:
1. The lid on the aeration storage tank is damaged and
not vermin proof.
2. The top fitting of the de -gasifier tower is leaking.
3. Reverse Osmosis pressure pump was not in service and
no spare or backup available.
4. Only one (1) high service pump was in operation.
Backup pump was out of service and down for repairs.
5. Only one (1) transfer pump was in operation. Backup
pump was out of service, down for repairs.
6. Inlet piping and valves for transfer pumps are
leaking; sealed with duct tape.
'7. Discharge piping and valves for transfer pumps are
leaking; sealed with duct tape.
8. Spare hypo pumps utilized for acid and base
titration which is an integral part in reverse osmosis
treatment are not provided.
9. The alarm system located at the ground storage tanks
•are not functioning.
10. Safety equipment such as a NIOSH approved gas mask
and ammonia gas indicator are not provided at the gas
chlorination facility.
11. Panel instrumentation located in the water plant ie;
PH meter, pressure sensors and TDS meter were not
functioning.
12.. A cross connection device is required on the hose
bib located in the water plant.
IV AY 1 0 1988
46
BOOK 72 FaGE 326
13. Field tests conducted on April 7 and April 29, 1988,
revealed that the effective free chlorine residual in
the distribution system was below 0.2 mg/l. The
inspection of the chlorination system revealed that a
single gas chlorinator is in use. A review of previous
monthly operating reports submitted to the department
has revealed that the chlorine demand has exceeded ten
(10) pounds per 24 hours during the peak capacity months
in the park. Pursuant to Chapter 17-22.620 (4) (a),
Florida Administrative Code, the department believes
that a dual gas chlorination system should be installed
to accommodate chlorine demand.
14. There is an accumulation of over thirty (30) empty
fifteen (15) gallon sulfuric acid barrels located at the
water plant. The barrels need to be returned to the
distributor or removed to an approved site.
CORRECTIVE ACTION: Due to the nature and poor condition of
the potable water system, you are hereby ordered to connect
to the available existing potable water system provided by
Indian River County Utilities within sixty (60) days upon
receipt of this notice, per County Ordinance 84-18.
Additionally, you are required to immediately provide potable
drinking water which meets secondary contaminant standards
set forth by Chapter 17-22, Florida Administrative Code, upon
receipt of this notice.
Failure to correctthese' violations within the above time
period may result in a summons to appear before the Indian
River County Environmental Control Hearing Board or Circuit
Court and subject you to a fine of up to five -hundred ($500)
dollars per day, per violation. In addition, you are subject
to fines of up to five -hundred ($500) dollars per day, for
each day you created a public health threat, or conducted an
activity in violation of a required permit. Accordingly, a
Notice of Non -Compliance will be filed with Indian River
County Environmental Control Hearing Board seeking civil
penalties in this matter.
Sincerely,
ichael J.
s, M. P. H.
Environmental Health Director
•
y Barton
Assistant Utilities
Director
Chairman Scurlock advised that subsequent to this, their
permeator blew up yesterday, and now they are basically serving
raw water chlorinated out of the deep aquifer, which means
chlorides in the range of 11-1200 parts per million; so, we have
noticed everyone that they should not be drinking it, and the
mobile home community has hired their own attorney to pursue a
remedy. The Chairman stressed that we are moving in every way we
possibly can to resolve the problem, and Utilities Director Pinto
and staff are on top of this doing everything that we can legally
to get safe drinking water into the community.
47
MAY 10 1988
BOOK 72 PAGE 327
Chairman Scurlock further noted that Village Green does have
an agreement under their franchise with the county to hook up for
waste water. They are in the process, but it has been much
slower than anticipated as we are having a difficult time getting
in touch with them. The water agreement specifically states that
if their water quality drops to a level that is not adequate,
they do hook up.
Utilities Director Pinto agreed and explained that because
of the difficulties we are having making contact with the owner,
we are scheduling them for a public hearing so we can hear the
evidence of the problems they are having and get direction from
our Board and legal counsel as to what we can do about it.
Commissioner Eggert commented that we have had a lot of
sewage treatment plant complaints also, and she believed that is
in the process of being hooked up.
Chairman Scurlock agreed that a lift station is supposed to
be designed, but we have been waiting and trying to get in
contact. We are ready and able to serve water and sewer.
This was confirmed by Director Pinto who commented that we
actually got more cooperation out of the old owner than we are
getting from the new one.
Discussion arose as to proper notice of the dangers of the
situation, and Commissioner Eggert believed the people were told
to drink bottled water about a month ago.
Director Pinto advised that under state law the owner has
specific requirements for notification, but we do not know if
they are complying with them. The only person who has talked to
us and seems to be trying to do his best is their plant operator.
Chairman Scurlock requested that the Press make people
understand that there is a significant problem in Village Green;
we are aware of the situation and trying to do whatever we can,
but that they should not drinking that water with the chlorides
in it. Village Green's system has failed, and that is just raw
water.
1 0 1988
48
tAOOK 72 F GF;3?8
Commissioner Bowman asked why their system failed, and
Director Pinto stated simply because of lack of maintenance and
operation. He commented that if the owner would show some
responsibility and get in here and talk to us, there is a
possibility we could deliver water to them on a temporary basis,
if necessary.
Chairman Scurlock noted that if we did hook them up
temporarily, we still have to pursue the impact fees at some
point in time, and he wished to know if we have a legal ability
in that situation to pursue our impact fees by just doing an
involuntary assessment against them.
County Attorney Vitunac confirmed we could use our special
assessment method, declare a public emergency, and forcibly
charge them, but then we run afoul of that law saying we can't
come in and take over private sewer plants without their consent.
However, when the present owner is incapable of providing safe
water, he felt the law is really going to be bending towards the
county's position.
Chairman Scurlock believed we must pursue all this and as
fast as we can, and the Board agreed.
CHRISTIAN SENIOR HOUSING
Commissioner Eggert reviewed the following memo, asking that
the Board authorize the Chairman to sign the attached letter:
119
MAY 10
goOK 72 F.nE 3?9
TO: DATE:
Board of County May 5, 1988
Commissioners
SUBJECT:
ADD fd L 5 ENT
AGENDA
Christian Senior
Housing Inc.
FROM: Carolyn K. Eggert REFERENCES:
County Commissioner
In order to get a waiver on the 0 -bedroom requirement (415 square
feet) and meet our zoning requirements, Christian Senior Housing,
Inc. needs the attached letter to be signed by our Chairman and
sent to them to submit with their waiver request. They are
currently going through the site plan approval process in Indian
River County and have the support of the Jacksonville HUD office
for this waiver request.
Recommendation: Approval.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously authorized
the Chairman to sign the following letter:
MAY 1 0 198
50
�Q� F'rE 3Q,
Telephone: 1305) 567-8000
May 10, 1988
BOARD OF COUNTY' ,IMIBSIONFRS
1840 25th Street, Vero Beach, Florida 32960
Mr. Joseph F. Glenn
Christian Senior Housing Foundation, Inc.
1800 Century Boulevard, N.E. - Suite 1630
Atlanta, Georgia 30345
Dear Mr. Glenn:
•
Suncom Telephone: 224-1011
We understand you intend to request a waiver of the County zoning
ordinance regarding size of your dwelling unit. The smallest
unit allowed in Indian River County is 500 square feet. The
Board of County Commissioners feels that is the smallest size
apartment unit we want in Indian River County and does not
believe there is a market for efficiency apartments of a smaller
size.
The Board of County Commissioners has not permitted a variance of
the 500 square foot minimum in the past, and such a request would
not be viewed favorably by the Board.
Sincerely,
Don C. Scurlock,
Chairman
DISCUSSION RE WORKSHOP WITH CITY OF VERO BEACH
Administrator Balczun noted that it has been suggested we
have a workshop with the City Council regarding a number of
topics. He advised that he had a long discussion with City
Manager Little in regard to scheduling such a meeting, and the
dates suggested were June 1st or 2nd.
Discussion followed regarding possible conflicts, and the
Board asked that the Administrator check with City Manager Little
to see if the meeting can be held on June 8th at 1:00 P.M.
LisMAY 1 0 1988
51
NORTH COUNTY LIBRARY
Commissioner Eggert informed the Board that we still haven't
closed on the North County library site. Sebastian Lakes has had
a little trouble - their new Building Official did not agree with
the former official as to zoning. There was a big meeting up
there Thursday, and they are going to consider a zoning amendment
to allow civic and cultural facilities, including libraries, in
residential public service districts. The amendment will go
before the Planning Board May 19th and before the City Council
June 8th to be adopted. Commissioner Eggert, therefore, hoped we
can finally close on the North County site the end of June.
There being no further business, on Motion duly made,
seconded and carried, the Board unanimously adjourned at 10:05
o'clock A.M.
ATTEST:
Clerk Chairman
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MAY Y 101°86
ROOK E �,E 3:32