HomeMy WebLinkAbout6/7/1988Wednesday, June 7, 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, June
7, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr.,
Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird;
Margaret C. Bowman; and Carolyn K. Eggert. Also present were
Charles P. Balczun, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Joseph Baird, OMB
Director; and Barbara Bonnah, Deputy Clerk.
.The Chairman called the meeting to order, and Vice Chairman
Gary Wheeler led the Pledge of Allegiance to the Flag. -
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition to today's Agenda
of a discussion re compensation for the acting Library Director,
and Commissioner Eggert requested the addition of the appointment
of Commissioner Bowman as the County's liaison with the Council
on Aging, instead of herself.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously added
the above items to today's Agenda.
CONSENT AGENDA
Chairman Scurlock asked that items 1, 4, and 5 be removed
for discussion, and Commissioner Bird requested that item 6 be
removed also.
�UN 7 1988
SOCK
1. Purchase of Tandy 3000 Personal Computer
The Board reviewed the following memo dated 5/31/88:
TO:
DATE: FILE:
Board of County May 31, 1988
Commissioners
FROM: Liz Forlani
Administrative Aide
SUBJECT:
Purchase of Tandy
3000 Personal
Computer
REFERENCES:
Gus Ambler, Purchasing Director advertised for bids on
the above named Computer and Radio Shack/Modern Electronics
in Sebastian submitted the lowest bid. I have been in
contact with Radio Shack/Vero Beach for the past 9 months and
had requested a quote which came in approximately $100
the bid price from Sebastian. Several weeks Radio
Shack/Vero Beach loaned me a computer to use as a demo that
came with three software programs. If I stay with Radio
Shack/Vero Beach the programs would be included in the price
of $2,958.
RECOMMENDATION:
I am requesting approval to purchase the Tandy 3000
Personal Computer from Radio Shack/Vero Beach. This was a
brand new machine that was delivered in the original box and
I have been using it for one month and I am very satisfied
with it.
Funding from 001-101-511-066.41 in the amount of $2,958.
Chairman Scurlock noted that the recommendation is to go
with the computer from Radio Shack here in Vero Beach, which is
approximately $100 higher than the bid received from Radio
Shack/Modern Electronics in Sebastian. Originally, this was bid
as a Utilities item, and last week the Board approved something
at that time. However, it was not Mrs. Forlani's intention to
proceed in that manner. The BCC Office has had a piece of
equipment on loan for about a month with no obligation to
purchase, but the specs should have included the software
packages being provided; so, we do not have a true comparison.
2
LJUN 71988
BOOK .72 F'4GE 501
Mrs. Forlani is still asking approval to purchase this item from
Radio Shack/Vero Beach.
Commissioner Eggert asked what the problem was with the one
from Sebastian, and Mrs. Forlani explained that Modern Electronic
has done nothing in the way of service, whereas the Vero Beach
store has been working with her for an entire year. The
Purchasing Manager went ahead and ordered the machine from
Sebastian without having verbal approval or written requisition;
nor did he have approval from the Budget Director that the money
was even there. He went ahead on his own.
Chairman Scurlock clarified that this computer was
originally bid as a Utilities item, which is where the bid spec
was prepared, and then the Utilities Dept. decided they did not
need the computer. Mr. Ambler went and bid it, thinking that
Mrs. Forlani needed a computer and this would meet her needs
without her actually having to sign off on it. That is how he
understood it.
Mrs. Forlani confirmed that Mr. Ambler had no authorization,
and Chairman Scurlock pointed out that if we are going to go out
for bid, we want to prepare the specifications a little
differently than the ones prepared by the Utilities Dept.
Administrator Balczun explained there are a few problems
involved here. Hopefully the vendor to whom the original
contract was awarded last week will not have acted already in
reliance on the Board actions last week, but if they have,
hopefully somebody will have a need for the Tandy, and we can try
to work that out. Further, this alternative unit will have to
be put to bid because it exceeds $2500.
Mrs. Forlani advised that Charlie Cook from the Vero Beach
store said that the Tandy Corporation must honor the bid from the
Sebastian store, which is their franchise, and she did not feel
we need to go to bid because we are getting the exact price that.
the Sebastian store quoted in their bid. The demo computer. from
3 BOOK
72 i',,�E 502
JUN 71988
the Vero Beach store came with certain software programs that she
has worked with and intends to keep.
Commissioner Bird asked about our commitment, because he did
not want to be bound to purchasing two computers.
Attorney Vitunac felt that it would be sufficient if the
Board simply states that they don't want to go to bid on this
item.
Utilities Director Terry Pinto said that they would be
ordering a Tandy,for the Solid Waste Disposal District soon and
could use the one from the Sebastian store without any problem.
OMB Director Joe Baird was very concerned about the ordering
of items without requisitions, such as the item last week for the
North County Fire District. That item and today's item did not
go through the requisition system.
Mr. Ambler categorically and totally denied that any
purchase order ever has been placed through the Purchasing Dept.
without Director Baird's signature first.
Chairman Scurlock asked how it got on the Agenda, and Mr.
Ambler admitted that it was on the Agenda, but no purchase order
is ever placed until the Board reviews the recommendation. Often
times the Agenda item will say "no purchase order will be placed
until the Budget Office approves."
Commissioner Eggert emphasized that in order to eliminate
confusion in these matters, the Board has asked repeatedly that
Mr. Amblernot bring anything to the Agenda unless it has been
approved by the Budget Office, and now she is hearing that Mr.
Ambler is, indeed, doing that.
Mr. Ambler explained that what they have is a paper flow
situation, but every attempt is made on his part to get Director
Baird's signature before the Board ever sees the award recommen-
dation.
Commissioner Eggert suggested that Mr. Ambler obtain
Director Baird's signature before an item is placed on the
Agenda, and Mr. Ambler agreed to do that.
JUN 7 1988 4
BOOK f
The Board agreed that is what they want, and if it doesn't
have the Budget Officer's signature, it doesn't go on the Agenda
-- as simple as that.
Commissioner Bird felt we should go ahead and accept the
quote from Radio Shack of Vero Beach, who have indicated that
they would meet the other price of $2857.44.
•
Chairman Scurlock believed what we need to do is waive the
bid procedure; allow the purchase of this piece of equipment for
the purchase price that is equal to the other; and proceed with
the one that has been ordered already from Radio Shack/Modern
Electronics in Sebastian, which can be used by the Solid Waste
Disposal District.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously waived the
bid procedure for this piece of equipment; accepted the
quote for the Tandy computer from Radio Shack of Vero
Beach for $2,857.44; and directed staff to proceed with
the computer that has already been purchased from Radio
Shack of Sebastian for use by the Solid Waste Disposal
District.
2. Authorization to Advertise for a Zoning Code Change Regarding
Buffers Between New Residential Lots and Active Agricultural
Operations
The Board reviewed the following memo dated 5/27/88:
5
QIN 7 1988
BOOK
50
TO:Charles Balczun
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keati g,
DATE: May 27, 1988 FILE:
SUBJECT:
Community Developme Director
REQUEST FOR AUTHORIZATION
TO ADVERTISE FOR A ZONING
CODE CHANGE REGARDING
BUFFERS BETWEEN NEW RESI-
DENTIAL LOTS AND ACTIVE
AGRICULTURAL OPERATIONS
FROM: Stan Boling dd- B- REFERENCES:
buffers
Chief, Current Development STAN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 7, 1988.
DESCRIPTION AND CONDITIONS:
Recently, the Planning and Zoning Commission reviewed and approved
a preliminary plat for a single family residential project which
abuts (on one side) an active agricultural operation. Based upon
an existing zoning code regulation, the Commission required a
bufferyard to be located between the active agricultural property
and the future residences. However, the Commission feels that the
regulation [section 3(A).1(e)(3)f. of the zoning code], as it
exists, is not clear in regards to buffer type.
The Planning and Zoning Commission has directed staff to request
authorization from the Board of County Commissioners to advertise -
for an ordinance amendment to clarify the existing section
3(A).1(e)(3)f. of the zoning code.
ANALYSIS:
Staff has reviewed the regulation and believes that clarifications
can be made. Staff requests that it be authorized to address the
bufferyard section and any other portions of the zoning code that
might need simple "cleaning -up" amendments.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
staff to advertise for an amendment to section 3(A).1(e)(3)f of
the zoning code and any other amendments that may be needed in
other portions of the code.
!JUN 7 1988
ON MOTION by. Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously authorized
staff to advertise for an amendment to the Zoning Code,
as set out in the above staff recommendation.
6
BOOK 720- :
05
3. Request to Dedicate Funds in Lieu of Public Access Easement
for Oyster Bay Subdivision
The Board reviewed the following memo dated 5/26/88:
TO:Charles Balczun
County Administrator
DIVISION HEAD CONCURRENCE:
Robert . Ke ti g,
Community Devel•pmen
DATE: May 26, 1988 FILE:
SUBJECT: REQUEST TO DEDICATE FUNDS
ctor IN LIEU OF PUBLIC ACCESS
EASEMENT FOR OYSTER BAY
SUBDIVISION
THROUGH: Stan Boling 4.f$.
Chief, Current Development
FROM: Robert E. Wiegers REFERENCES:
Staff Planner
r ,f)
oyster
BWIEG
bay
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 7, 1988.
DESCRIPTION & CONDITIONS:
Oyster Bay Subdivision is a proposed 34 lot subdivision of a ±24
acre parcel located on the west side of SR A -1-A, south of
Seminole Shores Subdivision. Because the property has over 600
feet of river shoreline, a public access easement running from SR
A -1-A to the river is required pursuant to Section 10(r) of the
subdivision ordinance. In lieu of actually providing such an
easement, the Board of County Commissioners may accept a monetary
dedication to the park development fund in an amount equal to the
fair market value of such an easement.
At its regular meeting of October 8, 1987, the Planning and Zoning -
Commission granted preliminary plat approval for Oyster Bay,
_subject to the condition that either the actual easement be
provided or a monetary dedication be offered that is acceptable to
the Board of County Commissioners.
The owner, Salama Development Corporation, is now requesting Board
approval to accept a $7,400.00 dedication to the park development
fund to satisfy the water access requirement of Section 10(r) of
the subdivision ordinance.
ANALYSIS:
In lieu of dedicating an improved access easement from SR A -1-A to
the river, the owners have agreed to dedicate $7,400.00 at the
time of the final plat approval. The $7,400.00 amount is based on
an Armfield-Wagner appraisal of the fair market value of the
required 15' wide improved access easement. The Property Apprais-
er's office has verified that the appraisal is a reasonable
estimate of the raw land value of the required easement . The
Public Works Department has verified that the cost estimate for an.
improved pedestrian walkway is reasonable.
Dedication of the appraisal value is adequate for satisfying the
public access requirement of Section 10(r) of the Subdivision
Ordinance, if accepted by the Board of County Commissioners.
7
1JUN 1988
ROOK 72 FACE 506
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve
the offer to dedicate $7,400.00 to the park development fund at
the time of final plat approval for Oyster Bay, in lieu of
requiring a public, river access easement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the offer to dedicate $7,400 to the park development
fund at the time of final plat approval for Oyster Bay,
in lieu of requiring a public, river access easement.
4. Streetlighting at the Moorings and Floralton Beach
The Board reviewed the following memo dated 5/20/88:
TO: Members of the
Board of County Commissioners
DATE: May 20, 1988
SUBJECT: STREETLIGHTING AT THE MOORINGS
AND FLORALTON BEACH
FROM: Joseph A. Bairdq)
OMB Director
DESCRIPTION AND CONDITIONS
The City of Vero Beach has
Development and Floralton Beach
unincorporated area. The city
service be brought under the new
between the city and county
developments and then the county
been directly billing the Moorings
Subdivision for streetlighting in the
is now requesting that the lighting
Governmental Streetlighting Agreement
and that the county bill the two
pay the city.
Floralton Beach Homeowners Association has eleven (11) lights at a
cost of $134.40 per month and the Moorings has ten (10) lights at a
cost of $113.26 per month.
ALTERNATIVE AND ANALYSIS
Indian River County enter into agreements with Floralton Beach
Homeowners Association and the Moorings Development Company. Indian
River County charge a 15% administrative fee and bill them a year in
advance.
8 BOOK 79 f,,,,, 507
JUN 71988
RECOMNENDATrON
Staff recommends the Board of County Commissioners authorizes staff
to:
1. Enter into a Governmental Streetlighting Agreement
with the City of Vero Beach to furnish Floralton
Beach and the Moorings with streetlights.
2. Draft two of our standard streetlighting agreements
inclusive of the above mentioned conditions, for the
Board of County Commissioners Chairman's signature.
The first will be between Indian River County and
Floralton Beach Homeowner's Association. The second
between Indian River County and the Moorings
Development Corporation.
OMB Director Joe Baird advised that Moorings Development
Company has some concerns in this matter. Up to now, the City of
Vero Beach has billed them directly, because they originally had
the lights installed. However, now that the City has asked that
we enter into an agreement with the Moorings Development Company
and Floralton Beach, the development company feels that they are
not going to be around for 10 years as required in the street -
lighting agreement.
Attorney Dorothy Hudson advised that the Moorings Homeowners
Association is the entity with which the agreement should be
entered into, but they are not sure that they want the street-
lights. She suggested that this matter be tabled until the
matter can be considered in greater detail by the Moorings
Homeowners Association.
fJUN 71988
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously tabled this
item and authorized the OMB Director to work with
Attorney Hudson and Bert Hamilton of the Moorings
Homeowners Association on this matter and bring it
back to the Board.
9
EkooK 72 Ph;E 508
5. Risk Manager Salary Grade Assignment
The Board reviewed the following memo dated 6/1/88:
TO : CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
SUBJECT : RISK MANAGER SALARY GRADE ASSIGNMENT
DATE JUNE 1, 1988
We have been recruiting to fill the position of Risk Manager for
over a year. For most of that time, our job announcements did
not attract the caliber of candidate best suited to fill the
County's needs in setting up a program of risk management.
The position had been advertised in early 1987 in the Public Risk
and Insurance Management'Association's RISKWATCH. We do not have
a record as to the salary level advertised. A subsequent
advertisement was placed in the Orlando Sentinel on December 20,
1987 with a salary range of $25,814 to $41,083.
Applicants were interviewed from the pool of resumes received
from both advertisements. In all cases, the candidates did not
possess the required knowledge, skills, and abilities.
On February 22, 1988 we again advertised in RISKWATCH. This time
we did not state a salary range, but stated that the salary was
negotiable. There was a dramatic improvement in the quality of
the resumes we received.
We set up interviews with five candidates from within the State
of Florida. To date, we have interviewed two of those people.
Two people declined to attend the interview for various reasons,
and one was no longer interested. -. -
What we have found in discussing the problem of recruiting a
qualified Risk Manager with other personnel professionals is that
the field is becoming increasingly important as more and more
jurisdictions seek to fill their needs. As a consequence, the
scarcity of qualified individuals versus the number of positions
to be filled has driven their worth up by 25%. It has also been
stated that a good Risk Manager can pay for the cost of running
that function through savings attained in premium reductions, a
sound safety program, and proactive employee wellness programs.
The fiscal 1987-88
salary for a Risk
market conditions,
position be placed
to $46,884.
budget appropriated $29,484 as an annual
Manager. Based on our observations of the
it is recommended that the Risk Manager's
in salary grade A-03, with a range of $34,729
After extensive discussions with the leading candidate, an annual
salary of $40,000 was tentatively agreed upon. Since no monies
have been expended for a Risk Manager's salary, there are more
than adequate funds to cover the salary for the remainder of the
fiscal year.
Wm. A. Blankenship, AEP
Director of Personnel
10
1.1UN 7 1988
BOO
'H:509
At the request of Commissioner Bird, Personnel Director Bill
Blankenship gave a brief job description for the Risk Manager's
position:
1) Is responsible for the establishment and maintenance of
the most cost effective risk coverage plan that
completely meets the needs of the County;
2) Identifies the exposure to risk, and is responsible for
establishment and enforcement of safety procedures to
reduce claims.
3) Researches and identifies insurance areas that are more
economical and better suited to the County, and designs
the necessary coverage and methods of funding.
4) Maintains records of frequency, cost and location of
claims.
5) Recommends changes in policies, procedures and equipment
to improve safety, reduce risk and minimize cost.
6) Makes periodic inspections of building facilities and
work sites to determine liability, processes claims
to submit to the insurance company, and coordinates
litigation of claims with legal counsel.
Chairman Scurlock recalled that this position was originally
listed as Risk Manager/Safety Director, and asked if that was
still the case.
Director Blankenship felt that the initial thrust of the
person filling the position would be to enforce the safety rules,
because you cannot start saving money and reducing your claims,
especially under Workers Compensation, until everyone is well
aware of risk.
Chairman Scurlock understood that Personnel has someone in
mind, and asked if that person has expertise in both risk
management and safety.
Director Blankenship advised that in checking the references
for this individual, HO was told that the person goes out into
the city and observes work sites and has been known to stop jobs
in progress because of safety violations.
Chairman Scurlock noted that he has been reading Riskwatch
to try to survey the market, and personally came up with a salary
range for this particular position of $29,000 to $44,000. The
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1JUN 11988
L
BOOK 72 F E 5lO
range recommended by the pay study consultants was a bit higher,
going up to $46,000. He understood that the candidate is
currently at the top end of $44,000. Chairman Scurlock was
concerned about the message we would be sending to our existing
department heads, who have been told that they cannot hire
someone unless it is no more than 1O% over the minimum salary
range.
Director Blankenship explained that the County's stated
policy is that no one is hired in above 1O% of the minimum salary
range, except with the authorization of the County Administrator.
That policy is not an absolute, however, as it has occurred.
Chairman Scurlock asked if.that same procedure is available
to the Utilities Director or the Public Works Director, who have
had vacant positions that they have been unable to fill for many,
many months.
Director Blankenship confirmed that it is, and pointed out
that the Public Works Director just hired a capital projects
manager at a salary over 10% of the minimum range, and Personnel
has talked with Director Pinto about hiring in wastewater
treatment employees at 1O% over minimum range.
Chairman Scurlock did not question the range, but did
question bringing that person on at the top of the range.
Director Blankenship explained that the County has been
recruiting for this position way before he came on board, but the
resumes received were from people who were not really qualified
for the position. When they placed the ad in the paper stating
that the salary was negotiable, they started to receive some good
resumes. Apparently, the Florida area is becoming a seller's
market for qualified risk managers.
Chairman Scurlock felt it became very apparent during the
consultants study that we were not able to fill certain positions
because of low salary ranges.
Administrator Balczun emphasized that there has to be some
relevant documentation on record that we have been unable to fill
JUN 7 1988
12
BOOK 72 Fa,F 511
a position after advertising at a certain salary range before we
can jump ahead and go to a higher range.
Commissioner Bird recalled that we justified the need for
this position during budget time when we found out that our
industrial insurance premiums had gone over the $2 -million mark,
and felt that a good risk manager can more than recover the cost
of his wages in savings through insurance premiums and law suits.
Administrator Balczun stressed the importance of safety,
especially with respect to Workers Compensation insurance
premiums.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation as set out in the above memo.
6. Resolution to Endorse Wabasso Beach C.A.R.L. Proposal to
Acquire Vacant Beachfront Property North of CR -510
The Board reviewed the following memo dated 5/27/88:
TO: Charles Balczun
County Administrator
DATE: May 27, 1988 FILE:
DIVISION HEAD CONCURRENCE:
Resolution to Endorse
Rob rt M. Keat g, A : SUBJECT: Wabasso Beach C.A.R.L.
Community Deve •pmeDirector Proposal to Acquire
Vacant Beachfront
Property North of C.R. 510
FROM7Michael K. Miller IV REFERENCES:
Chief, Environmental Planning
and Code Enforcement
It is requested that the data herein be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 7, 1988.
DESCRIPTION & CONDITIONS:
The Florida Natural Areas. Inventory has proposed to the statels
Conservation and Recreation Lands (CARL) Program the
acquisition of 3.6 miles of nearly undeveloped beach between
Wabasso Beach Park and the Sebastian State Recreation Area. A
map is attached to this report that locates the proposed
acquisition area. This segment of beach is one of the longest
stretches of relatively undeveloped, privately owned
beachfront property remaining in Florida.
13
'JUN 7 1988
BOOK 72 FAGS 512
According to Dr. Llewellyn Ehrhart (see attached letter), who
has studied sea turtle nesting in this general area for the
past 15 years, Wabasso Beach supports 100 to 200 loggerhead
turtle nests per kilometer per year. In any given year,
approximately 7-8 % of all loggerhead nesting in Florida occurs
on this beach. A preliminary survey on July 10, 1987 by Dale
Jackson (FNAI) and Earl Possardt (USFWS) indicated abundant
recent nesting by the loggerhead and definite nesting by the
green turtle as well. Nesting was heaviest in the northern
half of the proposed project area. Because the green turtle
tends to be much more wary than the loggerhead when nesting,
large expanses of undeveloped beach are especially important to
this endangered species. It is likely that Wabasso Beach,
already utilized by green turtles (exact numbers unknown), will
become increasingly utilized by Florida's green turtles as
other Atlantic coast beaches continue to be developed.
The worm reefs off Wabasso Beach have been discovered recently
to be likewise important to very young juvenile green turtles
(see Ehrhart letter) and likely are of considerable importance
to fishes and marine invertebrates as well. Worm reefs
themselves are ranked G1/S1 (highest possible rank) by the
Florida Natural Areas Inventory, although field study is needed
to determine whether the Wabasso Beach worm reefs are
fossilized.
ALTERNATIVES & ANALYSIS:
The Wabasso Beach project has been under consideration by the
CARL Committee during the last year and has received favorable
consideration by the committee during the first two votes. A
third vote will take place on June 22, 1988. The next vote
will rank all potential CARL projects, and the ranking will
ultimately determine whether the project will receive funding.
Generally, any project that ranks within the top 15 projects
receives funding during the following year.
After the June ranking vote, the ranked list will be forwarded
to the State Cabinet for review in September. The Cabinet will
either approve or modify the order of ranking as recommended by
the CARL Committee, and the cabinet will authorize the Division
of State Lands to begin the acquisition process.
It is important to note that the Division of State Lands only
acquires property from willing owners. No condemination action
is utilized in the CARL acquisition program. Presently, the
CARL program has approximately $40 million a year to spend on
property acquisition. Projects with multiple ownerships, such
as the Wabasso Beach project, would take several years to
complete.
The staff finds several advantages to recommending that the
state consider funding the purchase of the Wabasso Beach
property. The only negative aspect of the project concerns the
loss of property tax revenue. The following points are
positive features of the proposed project:
1. Preservation of continued viability of one of the
most important sea turtle nesting populations in the
world.
2. Preservation of natural habitats upland from the
beach. This large area of coastal strand and
maritime hammock habitats will be threatened by
enormous coastal development pressures over the long
term.
14
i Jj j 7 1988
16.
Boo 72 Y A E 513
3. Preservation of the site would provide a protective
buffer to the marine worm reefs located • just
offshore.
4. The State and County governments have already
acquired a substantial amount of land (3/4 mile)
within the overall boundaries of the proposal.
5. Preservation of the site would protect habitat
associated with several endangered and threatened
species (gopher tortoise, eastern indigo snake,
Florida scrub jay, and southeastern beach mouse).
6. Preservation of the site would protect two rare plant
species (beach creeper and necklace pod), and
preserve habitat for possible future colonization by
two other species (beach vervain, and sea lavender).
7. Preservation of the site would provide an opportunity
for the county, state or federal government to
develop an interpretative nature center that could
have the ability to attract a significant number of
tourists and tourist dollars to the local economy.
RECOMMENDATION:
Staff recommends, based on the above analysis, that the Board
of County Commissioners, through the adoption of a resolution
(attached), express support for the high ranking of the Wabasso
Turtle Beach project and authorize the staff to transmit the
resolution to the members of the CARL selection committee prior
to the June 22, 1988 vote.
Commissioner Bird explained that he pulled this off the
Consent Agenda for discussion because he wished to bring to
everyone's attention that we are aware of the potential impact on
the tax base of the county if this land is removed from the tax
rolls and placed in the public trust.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 88-38, endorsing the Wabasso Beach Con-
servation and Recreation lands (C.A.R.L.) program
and the acquisition of 3.6 miles of vacant beachfront
property north of CR -510.
15
LJUN 7 1988
56g0 PsiC€ 514
RESOLUTION NO. 88- 38
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ENDORSING THE WABASSO BEACH
CONSERVATION AND RECREATION LANDS
(C.A.R.L.) PROGRAM AND THE ACQUISITION
OF 3.6 MILES OF VACANT BEACH FRONT
PROPERTY NORTH OF C.R. 510.
WHEREAS, Indian River County desires to preserve
the continued viability of one of the most important sea
turtle nesting populations in the world;
WHEREAS, Indian River County supports preservation
of natural habitats upland from the beach from coastal
development pressures, which habitat includes large areas
�f coastal strand and maritime hammock habitats;
WHEREAS, preservation of the Wabasso Beach
C.A.R.L. project site would provide a protective buffer to
marine worm reefs located just offshore;
WHEREAS, the State and Indian River County have
already acquired a substantial amount of land (3/4 mile)
within the overall boundaries of the proposal;
WHEREAS, preservation of the site could protect
habitat associated with several endangered and threatened
species Including the gopher tortoise, the eastern indigo
snake, the Florida scrub jay, and the southeastern beach
mouse;
WHEREAS, preservation of the site would protect
two rare plant species, the beach creeper and necklace pod,
and preserve habitat for future colonization by two other
species, the beach vervain, and sea lavender; and
WHEREAS, preservation of the site would provide an
opportunity for county, state or federal government to
develop an interpretative nature center that could have the
ability to attract a significant number of tourists and
tourist dollars to the local economy;
6 BooK 72 pAu 515
LiUN 7 1988
•
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida:
That Indian River County expresses support for the
high ranking of the Wabasso Turtle Beach project and
authorizes the Department of Community Development to
transmit this resolution to the members of the C.A.R.L.
Selection Committee prior to the June 22, 1988 vote.
The foregoing resolution was offered by
Commissioner Eggert and seconded by Commissioner
Bowman , and, being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution
duly passed and adopted this.7th day of June , 1988.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
bon C. Scurlock, r.%)
Chairman
ATTEST:
Freda Wrigh
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
C`IL1/4-17?`
„William G. Co liins I
_Assistant County Attorney
JUII 1988
17
BOOK S CAE 516
7. Award of IRC Bid #442 - Printing of Continuous Form Utility
Bills
The Board reviewed the following memo dated 5/26188:
TO:
FROM
Charles P. Balczun
County Administrator
DATE: May 26, 1988 FILE:
SUBJECT:
I EFERENCES:
Gus" Ambler, .P.M.
Purchasing Department
AWARD OF IRC BID
#442 PRINTING OF
CONTINUOUS FORM
UTILITY BILLS
1. DESCRIPTION AND CONDITIONS:
Bids were received on Wednesday May 25,1988 at 2pm for IRC
bid #442
9 invitations to bid were mailed out. 6 bids were received
including 2 no bids.
This bid was advertised in the newspaper.
2. ALTERNATIVES AND ANALYSIS:
The low bid meeting specifications was submitted by Brevard
Printing at $753.00 or $20.94 per thousand bills(bid lot was
36,000 bills). The previous vendor was charging the county
$82.94 per thousand bills.
No exceptions to our specifications were taken by this company.
3. RECOMMENDATION AND FUNDING:
Staff recommends that we award this
Printing. The printing will be done
contract to Brevard
in their brevard location.
Budgetary funding has been confirmed for expenditure 10m 2
Utilities services accounts.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously awarded
Bid #442 to Brevard Printing at $753.00 or $20.94 per
thousand bills, as recommended by Purchasing Manager
Ambler.
18
JUN 71988
BOOK 72 W.7E 517
8. Duplicate Tax Sales Certificate - Carmen Leone
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously issued
a duplicate Tax Sale Certificate to Carmen Leone
in the amount of $93.01.
DUPLICATE TAX SALE CERTIFICATE IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
9. Release of Easement Request by Jeanne N. Murray, Lot 45
Breezy Village Subdivision, Unit One
The Board reviewed the following memo dated 5/25/88:
TO: The Honorable Members of DATE:May 25, 1988FILE:
the Board of County Commissioners y)�
d&OitteffiL,61)
DIVISION HEAD CONCURRENCE: nP/11 04
'i ��•- / AV RELEASE OF EASEMENT REQUEST
'o•ert M. Keati • , A �' SUBJECT: BY JEANNE N. MURRAY, SUBJECT
Community Devel••menDirector PROPERTY - LOT 45 BREEZY
,,�/,. VILLAGE SUBDIVISION, UNIT ONE
THROUGH: Michael K. Millers
Chief, Environmental Planning
FROM:Ch , eath REFERENCES:
MURRAY MEMO
Code Enforcement Officer DISK. CHEATH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 7, 1988.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Jeanne N. Murray, owner of
the subject property, for the release of a five (5) foot
portion of the northerly ten (10) foot utility easement of Lot
45, Breezy Village Subdivision Unit No. One, Section 20,
Township 31, Range 39 East, Indian River County, Florida;
according to the Plat thereof as recorded in Plat Book 9, Page
34, of the Official Records of Indian River County, Florida.
It is the petitioner's intention to effect compliance with
Indian River County regulations by releasing that._part of the
utility easement in .which Ms. Murray's utility shed and concrete
slab have been encroaching for the past eleven (11) years.
The current zoning classification of the property is RMH-8,
Mobile Home Residential District. The Land Use Designation is
MD -1, Medium Density, allowing up to eight (8) units per acre.
IJUN 1988
19
BOOK 72 FELE 518
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone
Company, Florida Power and Light Company, Falcon Cablevision,
and the Indian River County Utility and Right -of -Way Depart-
ments. The Indian River County Utility Department objects to
the release of easement since there is a sanitary sewer line
and manhole inspection cover in the easement.
RECOMMENDATION:
Staff recommends disapproval of this petition as the sewer line
and the manhole inspection cover are located within the easement
approximately one (1) foot from the northerly edge of the
residence.
Administrator Balczun suggested that since staff is
recommending denial of this petition, perhaps we should consider
scooping out some other kind of release around that shed to
accomplish the objective without affecting the manhole, which is
really the problem.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously denied
a request by Jeanne N. Murray for a release of
easement on Lot 45 in Breezy Village Subdivision,
Unit One, as recommended by staff.
NORTH COUNTY COMMUNITY LIBRARY - APPROVAL OF 17,470 SQ. FT.
BUILDING PROGRAM
The Board reviewed the following memo dated 6/1/88:
TO: Board of County
Commissioners
FROM:
Carolyn K. Eggert
County Commissioner
DATE: June 1, 1988 FILE:
SUBJECT: North County Community
Library
REFERENCES:
In conjunction with approval of the architect for the North
County Community Library, I would like to request that the Board
reconsider and allow the 17,470 square foot North County Building
Program to be built. The additional 2470 square feet will allow
them to have the necessary work space, storage and children/young
adult area that is needed in North County. Cost can be covered
with the bond issue and extra year pre -funding already agreed
upon. State grants will be applied for, but no money will come
to us for 2 to 3 years. Let the North County feel that we care
about their library as much as we do the Main Library. Let's do
the North County Community Library right the first time. Please
approve the 17,470 building program for them.
20
IJUN 71988
BOOK 72 FnF 519
Commissioner Eggert explained that going to 17,470 sq. ft.
will allow more room in the work area and the children and young
adult area. The cost would be an additional $184,000, and we do
have the funds to do this within our allotted funds.
Chairman Scurlock agreed to the larger building program
subject to the availability of funds, and Commissioner Bird
stated that he has to rely on Commissioner Eggert who knows how
much money she has to work with and who will keep her finger on
the total button.
Commissioner Eggert advised that we will be going after
State grants for both new libraries.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously approved
a 17,470 sq. ft. building program for the North
County Community Library, subject to the availability
of funds.
NORTH COUNTY COMMUNITY LIBRARY ARCHITECT
The Board reviewed the following memo dated 6/3/88:
71):Board of County
Commissioners
DATE: June 3, 1988
FILE:
i
SUBJECT: NORTH COUNTY LIBRARY
:;;Lf;
ARCHITECTURAL SERVICES
4:1 commissiona cu
ti CONTRACT
Charles P. Ba �--_ _ L\
FROM: County Administrator REFERENCES:
Attached you will find two copies of the proposed contract between
Indian River County and Stottler Stagg & Associates of Cape
Canaveral, Florida under the terms of which Stottler Stagg will
design the North County Library.
Please note that there are two copies of the referenced contract.
One is for a 15,000 sq. ft. library; the other for a 17,400 sq. ft.
library.. These documents are based on the basic AIA B141 Basic
Contract Document which has been re -written based on suggestions
21
JUN 7 1988
BOOK
F M'u E
520
made by Assistant County Attorney Sharon Brennan, my concerns and
the unique requirements of this project.
Further, please note that the basic fee for this project is 6.2% of
estimated construction costs.
Please call me if you have any questions.
William Bibo and John White from the architectural firm of
Stottier Stagg & Associates of Cape Canaveral, Florida, stated
that they were very pleased and honored to be part of the library
project and would work very hard on the project and give the
County an excellent product.
Commissioner Bird asked what other projects they have
designed in this area, and Mr. White advised that the HETRA
Corporation facility is the most recent project, and they have
done some work at the airport for the City of Vero Beach .
Currently they are doing a needs assessment study for the new
police facility in Sebastian, have just completed a library in
Melbourne, and are designing a reference library in Cocoa.
Commissioner Eggert noted a few changes in the proposed
contract:
Page 1 Under 2.1.1., Basic Services, add the inclusion of
"design of on-site irrigation system and development of the site
landscaping plan."
Page 8 Under 3.3.8 add "exceptingthat meetings with the Public
Library Advisory Board, County staff and project presentation
meetings with the Board of County Commissioners shall be
considered to be Basic Services."
Page 10 Under 3.4.19, change wording to: "Providing services of
consultants for other than architectural, civil, structural,
mechanical and electrical engineering portions of the Project and
such other services as are provided as part of Basic Services."
Page 21 Under Item 6, Interior Design Services, add "as well as
a furniture placement plan."
22
1JUN 1988
_Ai
BOOK
72 uu521
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bowman, that the Board approve, with the
modifications listed above, the architectural services
contract with Stottler Stagg & Associates of Cape
Canaveral, Florida, for design of the North County
Community Library facility with 17,470 sq. ft.
Under discussion, Administrator Balczun advised that based
on stellar research by Assistant County Attorney Sharon Brennan,
the County is absolutely in compliance with all of the
requirements of Florida Statutes, Chapter 287, which requires
that we make certain attestations on the record. However, with
respect to Part C, paragraph 2, sub paragraphs A & B regarding "a
truth in negotiations certificate," provisions with respect to
original price and any additions thereto and subsequent price
adjustments will be incorporated as required into the basic
contractual document and not as addenda thereto. He explained
that his preceding statement is a formal notification that, and
in all other respects, we are in compliance with Florida
Statutes, Chapter 287.
Commissioner Bird asked what the proposed ceiling is on the
construction cost of the library building, and Commissioner
Eggert advised that it is around $1.3 million.
Commissioner Bird understood then that the total the
architect would be responsible for designing is $1.3 million, and
Commissioner Eggert explained that it would be $1.3 million plus
some will come out of the computer budget and some will come out
of the furnishings budget.
Chairman Scurlock understood that the direction the
Architect has is to design a building that can be constructed for
$1.3 million.
Commissioner Bird noted that this county has had some
unpleasant surprises in recent years on buildings that have come
in over budget. It seems that at the last minute there were
23
JUN 7 1988 BOOK 72 FA6E522
things that were forgotten and overlooked, and we ended up
picking up the tab for them, while the architects got their share
of those additional costs. He pointed out that when we built
Sandridge Golf Club recently, we set a budget where we had to
build the facility within a certain amount of money, which is all
we had. That situation is similar to this library bond issue,
and the way we structured our agreement with the architect on the
project is that we agreed to pay him a percentage up to a certain
figure which was the maximum we felt we could afford to pay for
that golf course. If the golf course came in over that, he would
not get any more money because he had failed to perform and
design a golf course for a cost that we said we wanted it built
for. However, if we chose to pay any additional costs, we could,
but the Architect would not get any more money. Commissioner
Bird wished to see us try that approach on some of these new
buildings and see if we can nail some of these things down a bit
tighter and put the architects on notice right up front that we
want a building designed to come within a certain budget, and if
it does not, that is all they are going to get paid on. If it
doesn't come in on that budget, we may choose to pay the extra
when it comes down to it, but we are not going to pay the
architect extra because they caused us to pay extra.
Chairman Scurlock understood that Commissioner Bird wanted
to see a maximum fee of not to exceed, and Commissioner Bird
clarified that it is not to exceed maximum construction, not to
exceed 6.2% of $1,320,000.
Commissioner Eggert advised that it is actually $1,308,250
plus furnishings and computers.
Administrator Balczun advised that Item 11.2.1 on Page 18 of
the contract under Basic Services has an error in it. It states
incorrectly that "$80,910 represents 6.2% of the estimated
construction cost of $1,305,000 for 17,400 S.F." It should read:
"$81,235, which represents 6.2% of estimated construction cost of
$1,310,250 for 17,470 S.F." The difference is for the 70 feet.
IAN 71988
24
BOOK 72 f'nE523
Chairman Scurlock emphasized that Commissioner Bird wants
the contract to state "not to exceed $81,235," and Commissioner
Bowman suggested that be inserted in the beginning of that
sentence.
Mr. Bibo explained that is part of their contract, and of
course, that is what they agreed to in basic form. The only
qualification to that would be if the Board requested them to do
additional square footage or additional items.
Commissioner Bird stressed that he is not talking about
additional services, and explained that when the golf course was
completed, we actually spent $1.5 million because we chose to put
in additional cart paths and do some extra things, but the
architect rendered his bill based on $1.3 million and that is all
he got paid on. Commissioner Bird reiterated that he would like
to have a hard number that their fee would be based on and that
the building.cost will not exceed that.
Chairman Scurlock understood then that if the Architect
designed the facility and ended up with construction costs of
$1.5 million, they would be paid on $1.3 million.
Mr. Bibo indicated his agreement, but stated that will not
happen, and Chairman Scurlock emphasized that the reason why we
want that in the contract is so that it won't happen.
Administrator Balczun wanted for the record a statement from
William Bibo and John White that they are legally authorized to
represent Stottler Stagg & Associates and bind the corporation,
and both gentlemen stated that they were so authorized. For the
purpose of the record, Administrator Balczun asked Mr. Bibo and
Mr. White if they are representing to the Board of County
Commissioners that for basic services other than additional
services, as specified in this document, their maximum fee for
basic services will not exceed $81,235 for a library of 17,470
sq. ft., which represents 6.2% of $1,310,250 construction costs,
and both gentlemen answered yes.
L
7 1988
25
BOOK 72 fAE 524
Commissioner Bird confirmed that we will pay them a maximum
fee of $81,235, unless the Board authorizes additional work.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion with the
amendment under Basic Services that states "Architect's fee
not to exceed a maximum of $81,235" was voted on and carried
unanimously.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC HEARING - PURCHASE OF BEUTTELL SOD FARM FOR EFFLUENT
DISPOSAL
The hour of 9:05 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to
wit:
VERO BEACH PRESS -JOURNAL.
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter ofj '
`/
in the _ Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida. and that the said newspaper has heretofore
been continuously published in said Indian River County. Florida. each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person. firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed b ore • = this
•
(SEAL)
day of
A D 19
siness Manager)
LIJUN 7 1988
(Clerk of the Circuit Courl, ndian River County, Florida)
26
EFFLUENT DISPOSAL SITE
On Tuesday. June 7. 1988, at -9:05 A.M.. the
Board of County Commissioners of Indian River
County. Florida. wW meet in the County Adminis-
tration Building at 1840 25th Street, Vero Beach.
FL, to consider exeaiWtg a Contract for the pur
• chase of some property from the Buettels for an.
effluent disposal SW. Copies of the two com-
pleted appraisals showing the current market
value of this property wW be available at the d,
meeting.
Anyone who may wish to appeal any deeislon,
which may be made at this meetUq will need to
ensure that a verbatim record of the proceed-
ings Is made. which Includes testimony and evi-
dence upon which the appeal Is based.- -
Apdt 25.1988 • • Z:i u:i"n
BOOK.
(Orr.�� 2
1rUC
The Board reviewed the following memo dated 6/1/88:
TO: Board��of Couunty. Commissioners
CAL
O. O . / �, &vyt e --Ci /.Uc
(Signed in Mr. Vitunac's absence
in order to expedite)
FROM: Charles P. Vitunac, County Attorney
DATE: June 1, 1988
RE: EFFLUENT DISPOSAL SITE
Property owned by
ISABELLE M. BEUTTELL
Public Hearing
Board Meeting - June 7, 1988
The County has received an offer of sale on a sod farm,
located west of Vero Beach, which is owned by Mrs. Isabelle
M. Beuttell. The County Utilities Department would use this
property as an effluent disposal site. The offer is in the
amount of $2,151,742 net to the purchaser except for the
proration of the current year's taxes. The purchase would
be made in three equal payment of approximately $700,000
(annually for two years after the date of the closing with
the balance to be paid in full at the end of the third
year).. The unpaid balance would accrue interest at the rate
of 8%.
The County has had two independent appraisals made of the
subject property by Callaway & Price, Inc. and
Armfield-Wagner Appraisal & Research, Inc. The appraisers
value the property at $1,600,000 and $1,400,000
respectively.
Staff feels this property would be suitable for the County's
use as an effluent disposal site, and recommends Board
authorization to purchase this property at the appraised
value. This matter is being presented to the Board now for
its direction and input.
For your inspection and review, copies of the up-to-date
appraisals are available in Liz Forlani's Office.
Utilities Director Terry Pinto advised that at this time the
owner of the property does not feel that she wants to sell for
$1.6 -million. Her asking price is $2.2 -million. He emphasized
the great need for property for disposal of effluent, and would
like to see the Board authorize staff to continue negotiations
with the Beuttell family for this property and also to look at
the property which is adjacent to the wastewater treatment plant
to the east. Originally, we felt that the Beuttell piece is
better than the other piece simply because it is adjacent to the
27
JUN 7 1988
mgy 72 FV.,[- 526
County's wastewater plant and runs all the way to 1-95 which
would give us a buffer area.
Chairman Scurlock pointed out that the Beuttell's $1.8
million appraisal is not updated for the 1-1/2 years that we have
been under discussion. Further, the Beuttell family has agreed
to time payments.
Director Pinto emphasized the need for moving ahead
immediately on a design for the effluent disposal. We have
several alternatives for this property: 1) Keep it a sod farm;
2) Have some recreational facilities, such as a golf course; or
3) Convert it to a wetlands, which we are seriously looking at.
Commissioner Bird felt that staff has done their homework in
justifying the need for this site, and he would be in favor of
staff continuing negotiations with the Beuttell family to see if
we can come up with a fair market price.
Attorney Bob Jackson, representing the Beuttell family,
understood that we were all here today to work out a price. He
stressed that negotiations on this property have been going on
ever since June, 1986. This piece of property has been tied up
for 2 years now, and they would like to make a deal or go on
their way. The Beuttells are willing to give terms, which is a
benefit to the County. Their appraisal of 1-1/2 years ago is for
$12,500 an acre. The lowest appraisal by Armfield increased the
assessment by 18% or $1700 per acre in a year and a half.
Attorney Jackson advised that the Beuttells would be willing to
sell the property for $1,950,000, which they feel is a reasonable
compromise. What they originally asked for was $2.1 million, so
it works out to approximately $13,000 per acre plus being able to
have time payments.
Director Pinto felt it is amazing to see MAI appraisals
differ by $3000 an acre. However, the special thing about this
property is location.
28
JUN 71988
BOOK 72 Fr,GC 527
Chairman Scurlock pointed out that the Beuttell property
would give us an additional buffer area between the wastewater
treatment plant and whatever is going to develop in that area.
Director Pinto emphasized that terms are a must because we
are depending strictly on impact fees. The reason for purchasing
the property is to expand the capacity, and we have to pace that
with the receipt of impact fees. Even though the property is
needed, he would not like to see us deplete our impact fee fund.
It is not as easy to go out and borrow money based on impact fees
as it is if you plug it into your normal revenue base, because
the potential impact fees are not a sure thing.
Commissioner Bird stated that he would be in favor of
authorizing staff to negotiate a purchase price of $1.6 million,
which is $11,000 per acre, and that is based on the fact that
there are terms available.
Attorney Jackson indicated that offer would not be
acceptable to the owners.
Commissioner Bowman was willing to go to $11,500 an acre, or
whatever that works out to.
George Beuttell, 5480 Rosewood Road, felt that the Board is
really discounting the value of their appraisal, which has taken
into account the information given by the other two appraisals.
It is an MAI appraisal which is equally as valid as the other
two. The County needs the property and they would like to sell
it, and sell it without any legal problems down the road. He
felt that $1,950,000 is a fair and just value for this piece of
property which is so well located and has utilities and road
frontages. Mr. Beuttell recalled that two years ago, Terry Pinto
told them that the County needed that property and would take it
if they had to. Having their backs up against a wall, they asked
what the County would buy it at, and Mr. Pinto said, "at the
highest appraised value." So they got an appraisal from an MAI
appraiser in Stuart, whom they did not even know, and he gave a
fair appraisal of the property.
29
1JiJN 7 198
POCK 72 OGE 528
Commissioner Bird pointed out that there are 3 MAI
appraisals, and he would like to see the County pay the average
value of the three, which is the $1.6 million.
Commissioner Eggert felt she could support Commissioner
Bowman's suggestion of $11,500 per acre, which comes out to
approximately $1.7 million, and Chairman Scurlock felt he could
support that also.
Mr. Beuttell pointed out that the appraisals are based on a
cash price and do not consider the benefits of payment terms, but
Commissioner Eggert explained that is why the Board is
considering $11,500 per acre.
The Board indicated that $1,725,000 would be the County's
offer, but Attorney Jackson advised that was not acceptable to
the owner.
Mr. Beuttell made a counter offer of $1,850,00, but the
Board indicated that would not be acceptable.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously offered
$11,500 per acre for the Beuttell property, such offer
to be withdrawn in a 2 -week period if not accepted; and
authorized staff to look at the property east of the
wastewater plant.
PUBLIC HEARING - DANIEL SMITH'S REQUEST TO REZONE 4.8 ACRES FROM
AGRICULTURAL DISTRICT TO RURAL FRINGE DEVELOPMENT DISTRICT
The hour of 9:05 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to
wit:
30
JUN 7 1988
BOOK 72 FAGE 529
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 41 t7 iCS—
in the matter of `PA r -L .i akilt
in the _ Court, was pub-
lished in said newspaper in .the issues of
n, NT5 '
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me his �J _ day of 1 _ A D 19 $8
44.1).
(SEAL)
(Clerk of the Circuit Cour
%'
g4s Manager)
dian River County, Florida)
NOTICE - PUBLIC HEARING
Notice of hearktg to consider the adoption of
a County ordinance rezoning land from: AO.
Agricultural District to RFD, Rural Fringe Devel-
opment District The subject property is pre-.
sently owned by Brian Fries and Is located ap-
proximately 1,250 feet west of :88th Avenue and
north of 45th Street ••4
,,:
The subject property le described as:
The east 10.41 acres of Tract 15, Sec
tion 19, Township 32 south, Range 39
.,east, according to the last general plate;,
of lands of the Indian River, Farms Com-
, .
pa riled for'record In the office of thea
Clerk of the Circuit Coutt•'ot St. Ludehh
'County, Florida, M Plat Book 2 at page i •
25, said land now ging and being In iff�1
f' Alan River' County, Florida; `LESSand':1_
,.'? '..,';theeasExcept t20the feet norththereotora feel! �tereof; LESS.
ir:.;;cr vat
1 A "public hearing at which' partles In Interest,
and citizens shall phave an.o opportunity to be
heard.
in overs be Indian Rlivvear�ou County, Countyof noride10 the
County Commission" Chambers of the county
Administration Building, located at 1840 25th
Street, Vero Beach. Florida, on Tuesday, June It
1988 at 9:05 a.m. -, „". p C• :�r.: ;. , ; . �.a �-
The Board 01 .Corny. Commlealonert_raey
grant a less Intense zoning district than the d11F
tract requested provided t Is within the sant
general use category. ,'
Anyone who may wish t0 appeal any decision
' which may be made at this meeting will need to
ensure that s verbatim record of the proceedings
Is made. which includes testi and evidence,
upon which the appeal Is bs: r >ti;� ?: rn`-:-a
Indian River County 1 w " • -.
•.. Board of County Commissioners
May 17Byr,.1988-s-Don C. Scurlack. Jr.; Chairman
The Board reviewed the following memo dated 5/25/88:
TO: Charles P. Balczun DATE: May 25, 1988
County Administrator
DIVISION HEAD CONCURRENCE:
725.
Ro•ert M. Keati g, A
Planning & Deve opme t Director
SUBJECT:
FILE:
DANIEL SMITH'S REQUEST
TO REZONE 4.8 ACRES OF
LAND FROM A-1 TO RFD
THRU: Gary Schindler
Chief, Long -Range Planning
FROM: David C. Staff Plannering
�}C/yi REFERENCES:
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 7, 1988.
DESCRIPTION & CONDITIONS
Daniel Smith acting as agent on behalf of Brian Fries, owner, has
submitted a request to rezone 4.8 acres of land from A-1, Agri-
cultural District (up to 1 unit/5 acres) to RFD, Rural Fringe
31
JUN 7 1988
mu 72 Fv.: E. 530
-bevelopment District (up to 1 unit/2.5 acres). The subject
parcel is situated on the north side of 45th Street approximately
1250 feet west of 66th Avenue.
The applicant intends to develop the property for single family
residences.
On April 28, 1988, the Planning and Zoning Commission voted 4-0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In t.,is section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is currently vacant and zoned A-1. To the
east of the subject property is a single family residence and
pasture also zoned A-1. To the north of the subject parcel is a
single family residence zoned A-1. To the west and south of the
subject parcel are groves zoned A-1.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
surrounding land as RR -1, Rural Residential. District 1 (allowing
up to 1 unit/2.5 acres) . As depicted on the land use map, this
RR -1 area consists of a one mile wide strip of land which was
established between the higher density areas to the east and the
agricultural areas to the west. Areas designated as RR -1 permit
both the A-1 and RFD zoning districts.
The purpose of the RFD zoning district is to implement the goal
of the RR -1 land use designation, that being to provide a transi-
tional buffer area between agricultural areas and residential
areas of a higher density. The transitional aspect of the RFD
district is reflected by its low density limitations along with
its provision for limited noncommercial agricultural activities.
The buffering aspect is intended to provide protection to agri-
cultural areas from encroachment by higher density development as
well as to protect higher density residential areas from the
impacts of active agricultural operations.
Because of the large lot nature of both districts, the A-1 and
RFD districts are considered similar, and spot zoning criteria
applicable to other zoning districts are not applicable to
rezonings from Agricultural to RFD. Therefore, the proposed
rezoning is consistent with the intent of the underlying RR -1
land use designation and consistent with other county policies.
Transportation System
The subject parcel has frontage on 45th Street (North Gifford
Road). The County Thoroughfare Plan designates 45th Street as a
Collector Road. The proposed rezoning will have minimal impact
on the transportation system.
JUN 7 1988
32
BOOK 72 PAGE 5:31
Environment
The subject property is not considered environmentally sensitive,
nor is it in a flood prone area.
Utilities
This area is not currently serviced by public water and sewer
facilities.
RECOMMENDATION
Based on the analysis performed, staff recommends approval
Chairman Scurlock opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There being none, he
closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 88-22, rezoning 4.8 acres from A-1 to
RFD.
ORDINANCE NO. 88- 22
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
33
JUN 1988
E;aoK 72 F L 532
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
-:Imissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
The east 10.41 acres of Tract 15, Section 19, Township 32
south, Range 39 East, according to the last general plat of
land of the Indian River Farms Company filed for record in
the office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2 at page 25; said land now
lying and being in Indian River County, Florida; LESS and
except the north 648 feet thereof; LESS the east 20 feet
thereof.
Be changed from A-1, Agricultural District to RFD Rural Fringe
Development District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 7th day
of June , 1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By c
Don C. Scurlock, Jr.V hairman
ATTEST BY:
FREDA WGHTQ�
LST
PUBLIC HEARING - JOE MICHAEL'S REQUEST TO REZONE 76 ACRES FROM
RESIDENTIAL TO AGRICULTURAL
The hour of 9:05 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to
wit:
34
BOOK.
72 533
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the und3rsigned 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 QQ
in the matter of oUIJ
in the q Q Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero'Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
11 h
Sworn to and subscribed before ije this l day of e A D 19 �U
r
(gess Manager)
(Clerk of the Circuit Court, In• - River County, Florida)
(SEAL)
The Board reviewed the fol
lowing
memo
• _ NOTICE — PUBUC HEARING-: •.•.r + .
Notice Of hearing to consider the adoption of •3
• a -County ordinance -rezoning two parcels of land 1
owned -by Earring Point Groves. Parcel *1 being
located on the south side of 89th -Street along .r
the Indian River. Parcel *2 is located on the
north side of 87th Street west of Massey Road.
This ordinance is •to consider rezoning parcel
*1 from RS -3, Single -Family Residential District
and RS -1, Single -Family Residential District to.',
A-1, Agricultural District. Parcel *1 being de,- J
scrl as: • •., • •..",�.. - ..•.'r1f.Q;,
ALL THAT PART LYING SOUTH OF.THE "7:)-‘4*•t
WINTER BEACH BRIDGE ROAD OF •
GOVERNMENT LOT 1, IN SECTION 2, '
,TOWNSHIP 32 SOUTH, RANGE 39;,� a•
• EAST, AND ALL OF GOVERNMENT LOT
• 1, • IN SECTION .11 TOWNSHIP 32...i. %
SOUTH RANGE 39 EAST.:INDIAN
RIVER COUNTY, FLORIDA. _And to consider rezoning parcel *2 lrom RM -8,
Multi -Family Residential to A-1, Agricultural. Par-,;
cel *2 being described as: • •
THAT PORTION OF GOVERNMENT LOT .
3, SECTION 28 TOWNSHIP 31 SOUTH,' •n°':,
- RANGE 39 EAST, INDIAN RIVER COUN-
TY, FLORIDA DESCRIBED AS, FOL- e -
• , LOWS: '••••
BEGINNING AT THE NORTHWEST COR -.y'
• .NER OF SAID LOT 3, RUN S1 ° 04' 56"E.� •;l
20 FFET ALONG THE WESTERLY LINE;
OF LOT 3 TO THE SOUTHERLY RIGHT:
OF -WAY ".BOUNDARY OF LATERAL::;_ '.
DITCH NO. 7.AND THE TRUE POINT"OF`.,;gc.
BEGINNING;.= THENCE RUN , 350.04-
FEET, S89° 44' 51"E PARALLEL TO THE"' ,1
NORTHERLY LINE OF SAID LOT 3 AND ''t•
• -.DISTANT 20.00 FEET THEREFROM TO:::
.THE CENTERLINE OF MASSEY ROAD; ;,1'
• -.THENCE S27°34' 51"E,-- 415.70 FEET
ALONG THE CENTERUNE OF MASSEY,-.•A .
ROAD TO AN ANGLE POINT; THENCE .n'3
• CONTINUE S22° 24' 15"E, 753.01 FEET :}•o,:.
ALONG SAID CENTERLINE OF MASSEY
ROAD TO AN INTERSECTION WITH THE
NORTHERLY `BOUNDARY OF .-WA- .
BASSO ROAD, SAID POINT OF INTER-f.?;s!
SECTION BEING ON A CURVE WHOSE
RADIUS POINT BEARS N20° 24' 53"W;1,t,
THENCE. RUN WESTERLY 827.07 FEET -.4111
ALONG THE ARC OF A 2811.93 FOOT
• RADIUS CURVE CONCAVE NORTHER --a.',:'-•
LY, WITH A CENTRAL ANGLE OF 18°./.--44
• 51' 09", TO AN INTERSECTION . WITHv441,.
- THE WESTERLY LINE OF SAID LOT.3 Ay;;t'
RADIAL BEARING THROUGH SAID IN -•{.Lye
- TERSECTION WITH THE WESTERLY..: --
UNE OF LOT 3 BEARS N3° 33' 44"W l
• THENCE N1° 04' 56" W ALONG .THE,,,..
WESTERLY LINE OF LOT 3 A' DIS-
TANCE OF 1237.57 FEET TO THE TRUE:
POINT OF BEGINNING. CONTAINING. ,,
18.47 ACRES...... 'rr" tS , .;
A pubtic hearing at which, partles In. nterest..,
and citizens shall have an a portunity to be ,
heard, will be held by the Board of County Com- a'.
misaloners of Indian River County. FimMatIn the la
County Commission Chambers of the CoumNy;
Administration Building, • located at 1840 25thTr'.
Street, Vero Beach, Florida. on Tuesday, J41:.
1988. at 9A6 a.m..--• •• • r+• . r_+ .:� �s 741 7- ;:cs•��acc.
Anyone who maywish to appeal any dentelon.
which may be made at this meeting will need 10
ensure that a verbatim record of the proceedings?;
Is made, which Includes testy and evidence,
upon which the appeal is based.;..'"p�aS 74 '
Indian River County :< 'r 41-44.*; -:
Board of Can �' r
By 4 -Don C. Scurlock Jr7 Chalrmap
May 17.1988 , ,..:: '
dated 5/25/88:
TO: Charles P. Balczun DATE: May 25, 1988
County Administrator
DIVISION HEAD CONCURRENCE:
Robert i zeatin , A ' SUBJECT:
Planning Developmen Develo men- Director
,
THRU: Gary. Schindler /V44/
Chief, Long -Range Planning
FROM: Staff Plannervid C. ing��`� REFERENCES:
FILE:
JOE MICHAEL'S REQUEST TO
REZONE 76 ACRES OF LAND
FROM RM -6, RS -3, AND
RS -1 TO A-1
I.t is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 7, 1988.
35
Boor 72 1-'$,E 5:34
DESCRIPTION & CONDITIONS
Mr. Joe Michael, representing Earring Point Groves, Inc., has
submitted a request for a rezoning for two parcels of land. The
first parcel, parcel 1, consists of 60+ acres currently zoned
RS -3, Single -Family Residential District (up to 3 units/acre),
and RS -1, Single -Family Residential District (up to 1 unit/acre).
Parcel 2 consists of 17.47 acres currently zoned RM -6, Multi -Family
Residential District (up to 6 units/acre). The applicant is.
requesting A-1, Agricultural Zoning (up to 1 unit/5 acres) for
both parcels.
Parcel 1 is situated on the south side of N. Winter Beach Road
and along the Indian River. Parcel 2 is situated west of Massey -
Road. and north of C.R. 510.
The applicant intends to use the parcels for citrus groves.
On April 28, 1988, the Planning and Zoning Commission voted 3-1
to r.:commend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The western portion of parcel 1 currently is used for groves and
a single family residence. The eastern portion.of this parcel
contains a mosquito impoundment area lying along the Indian
River. The current zoning is RS -1 for the easternmost 1100+ feet
paralleling the river; the remainder is zoned RS -3. To the south
and north of the subject parcel are groves and mosquito impoundment
areas with a split RS-1/RS-3 zoning. West of parcel 1 are groves
and a single family residence zoned RS -3.
Parcel 2 is currently zoned RM -6. This parcel is mostly vacant
and overgrown; however, a portion is currently used for groves.
To the east of the subject parcel is a subdivision containing one
single family residence, zoned RM -6. To the north and south of
the subject parcel are groves zoned RM -6. West of the subject
parcel are single family residences zoned RM -6 and a recreational
vehicle park zoned CRVP, Commercial Recreational Vehicle Park.
Future Land Use Pattern
The Comprehensive Land Use Plan currently designates that portion
of parcel 1 and all surrounding land zoned RS -3 as LD -1,
Low -Density Residential 1 (allowing up to 3 units/acre). That
portion of parcel 1 and all surrounding land zoned RS -1 have a
land use designation of Environmentally Sensitive (allowing up to
1 unit/acre).
All of parcel 2 and all lands north, east, and south of the
subject parcel have a land use designation of LD -2, Low -Density
Residential 2 (allowing up to 6 units/acre). The property
situated west of the subject parcel and zoned CRVP lies within
the C.R. 510/U.S. 1 Commercial/ Industrial Node.
This request is considered consistent with the Comprehensive
Plan.
7 1988
36
800F 72 C JE 535
Transportation System
Parcel 1 has access to 69th St., classified as a local road by
the County Thoroughfare Plan, and parcel 2 has access to Massey
Road to the east and Bridge Road to the south, each classified as
a local road.
Environment
The eastern 1100+ feet of parcel 1 are considered to be
environmentally sensitive. As such, no alteration of the
environmentally sensitive areas could occur unless 'those areas
are determined to have been impacted. Even if impacted areas are
altered, this would require 1:1 mitigation. Any fill activities -
which may take place on this parcel will also require DER/Army
Corp. review, and any alteration to mangrove wetlands will be
covered under the mangrove protection portion of the Tree
Protection Ordinance. Further, all of parcel 1 is situated
within an area designated as lying within a 100 year flood plain.
Parcel 2 is not designated as environmentally sensitive; however
it also lies entirely within the area designated as a 100 year
flood plain.
Utilities
Neither parcel is currently serviced by public utilities.
Conclusion
When reviewing a request to rezone land from a residential
district to agriculture, staff must look at the potential impacts
which agricultural uses may have on the surrounding area. In
regard to parcel 1, even though the zoning of the surrounding
parcels is residential, the predominant existing land use
consists of active grove land and mosquito impoundment areas.
Even if adjacent land were developed for single family use, the
County Code requires that such new development provide a buffer
from adjacent active agricultural operations in order to mitigate
any adverse impacts of the existing agricultural operations.
Such a buffer is required regardless of what the active
agricultural land is zoned.
The fact that any new residential development would have to
provide its own buffer on its own site to protect the future
residents from aerial spraying and other potential impacts
associated with active agricultural operations [required by Sec.
3(1) .1 (e) (3) (f) of the Zoning Code] initiated substantial
discussion by the Planning and Zoning Commission during its
consideration of the item. Concern was expressed that by
rezoning the subject property to the agricultural district the
existing grove use could be expanded and impose the buffer
requirement on adjacent residentially zoned property when it is
submitted for development. Another concern was that the
downzoning would reduce the property's assessed value, hence
reducing ad valorum tax revenue.
Staff's position is that this rezoning would make the sites'
zoning designation consistent with the existing
al use,
groves. Since most of the land surrounding prthelpsubject
properties is also currently in groves, there is no problem at
present. Staff does concede, however, that should the adjacent
properties submit for residential development, the buffering
burden would be placed upon the developer. The rationale for
JUN 71988
37
BOOK 72 FAH 536
that requirement is that (1) residential development should be
protected from the adverse effects of agricultural operations;
(2) existing agricultural operations should not be required to
retrofit a buffer because of new development on contiguous
property; and (3) residential development encroaching into
agricultural areas should bear any buffering costs. Despite
reservations that the proposed rezoning to agricultural could
cause expansion of the grove use and hence place additional
buffering requirements on the adjacent property if and when it
comes in for residential development, the Planning & Zoning
Commission did concur with the buffering rationale and
recommended approval of the request.
In the case of parcel 2, the area is not currently densely
populated, and most of the land north and south is in use for
groves. Again, as in the case with parcel 1, any new development
will require buffering from active agricultural activity.
Further, even though most of this area is zoned for -multi -family
development, little interest has been shown in developing this -
area. Even if development should occur, actual densities will be
- less than the permitted 6 units/acre, because of the lack of
utilities.
Staff finds that this request is consistent with the predominant
land uses for these areas and will not cause any adverse impacts
on the surrounding properties. This request is also consistent
with the stated intent of both the County and the Comprehensive
Plan to encourage retention and protection of agricultural lands
within the County. Furthermore, this rezoning will bring -the
existing nonconforming groves into conformance with the zoning
code.
RECOMMENDATION
Based on the analysis performed, staff recommends approval of
this request.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard in this matter.
Gordon Michael advised that his father, Joe Michael, was
unable to attend today's meeting due to a prior commitment, and
wished to read the following letter into the record:
4,01
ti MAY1988
co
N RECEIVERS co
• BOARD COUNTY Q
COMMISSIONERSCve ,ti
119
44
IJLIN 7 198
16
EARRING POINT GROVES, INC.
ONE EARRING POINT
ORCHID ISLAND
VERO BEACH, FLORIDA 32963
May 25, 1988
ounty Commissioners
County Administration Chambers
Vero Beach, Florida 32960
Dear Commis&ioners:
Due to prior oommittment, I will not be able to
attend the County Commission meeting -June -7, 1988 at 9:05..A.M4-.,
38
BOOK 72 FA;C 537
-when Earring Point Groves, Inc. will request a zoning change
for one parcel from am -6, Multifamily Residential to Agri-
cultural; the other from RS -3, Single Family Residential
to Agricultural Zoning.
Earring Point Groves is exclusively AGRICULTURAL. When
the original zoning was established in the 1950's, Earring
Point Groves asked that all of their land be zoned agricul-
tural. This request was granted.
Since then, Earring Point Groves, Inc. has acquired
additional groves. The parcel south of the old Winter Beach
Bridge Road was in citrus when it was zoned Residential in
the 1950's; it is surrounded by citrus groves, planted in the
early 1930's, with the Indian River on the East. Other parcel
was, in the 1920's, about one-half in citrus and most of the
remainder in vegetables. Mr. Sibley was in poor health in the
1940's and the grove and field received very little care. When
we purchased the property from the Sibley family in 1970, the
grove was in very poor condition.
We request this change to the past and present use,
agriculture, in order not to be a "non -conforming" use.
Our family views ourselves as "caretakers of agricultural
land for future generations".
Sincerely,
(AN'Acka.LL
Joe W. Michael
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 88-23, rezoning 76 acres from RM -6, RS -3 and
RS -1 to A-1.
39
►JUN 711988
BOOK 72 FRE 5.38
ORDINANCE NO. 88- 23
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
:ire the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
^iorida, to -wit:
ALL THAT PART LYING SOUTH OF THE WINTER BEACH BRIDGE ROAD OF
GOVERNMENT LOT 1, IN SECTION 2, TOWNSHIP 32 SOUTH, RANGE 39
EAST, AND ALL OF GOVERNMENT LOT 1, IN SECTION 11, TOWNSHIP
32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
Be changed from RS -3, Single -Family Residential District and
RS -1, Single -Family Residential Zoning District to A-1,
Agricultural District; and
THAT PORTION OF GOVERNMENT LOT 3, SECTION 28, TOWNSHIP 31
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, RUN S1° 04'
56"E, 20 FEET ALONG THE WESTERLY LINE OF LOT 3 TO THE
SOUTHERLY RIGHT-OF-WAY BOUNDARY OF LATERAL DITCH NO. 7, AND
THE TRUE POINT OF BEGINNING; THENCE RUN 350.04 FEET, S89°
44' 51"E PARALLEL TO THE NORTHERLY LINE OF SAID LOT 3 AND
DISTANT 20.00 FEET THEREFROM TO THE CENTERLINE OF MASSEY
ROAD TO AN INTERSECTION WITH THE NORTHERLY BOUNDARY OF
WABASSO ROAD, SAID POINT OF INTERSECTION BEING ON A CURVE
WHOSE RADIUS POINT BEARS N20° 24' 53"W; THENCE, RUN WESTERLY
827.07 FEET ALONG THE ARC OF A 2811.93 FOOT RADIUS CURVE
CONCAVE NORTHERLY, WITH A CENTRAL ANGLE OF 16° 51' 09", TO
40
JUN 71988
8o01( 72 F GE 539
AN INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 3 A
RADIAL BEARING THROUGH SAID INTERSECTION WITH THE WESTERLY
LINE OF LOT 3 BEARS N3° 33' 44"W; THENCE N1° 04' 56"W ALONG
THE WESTERLY LINE OF LOT 3 A DISTANCE OF 1237.57 FEET TO THE
TRUE POINT OF BEGINNING. CONTAINING 16.47 ACRES.
Be changed from RM -6, Multi -Family Residential District to A-1,
Agricultural
All with the
described in
District.
meaning and intent and as set forth and
said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this
of
June
, 1988.
7th day
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By4.#2.
Don ' . Scurlock, Jr. _ C airman
ATTEST BY:-Ie—see C_ 6!//l4-;"-/
FREDA RIGH , Clete,,
etO
PUBLIC HEARING - FRANK PERONE'S REQUEST FOR RIGHT-OF-WAY
ABANDONMENT OF A PORTION OF 89TH DRIVE
The hour of 9:05 o'clock A.M. having passed. the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO :BEACH PRESS -JOURNAL
Published Daily
Vero. Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press•Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
lCJ',
a 7 .A.I.X-
in the matter of 1.7:tY4L,
in the _
Court, was pub-
lished in said newspaper in the issues of InCt.ta U1 19$
r
Afflant 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 Cour).
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and eluant 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
(SEAL)
JUN 7 1988
day of
A.D. 19 -i2:?__
B(tylness Manager)
(Clerk of the Circuit Cour ndian River County, Florida)
41
•• •.. air i•�y;'.�t�t. is ,µi' cs.'
: NOTIC@OF PUBLIC fIBARING '� 6.�
Notice of hearing to consider a petition tar 1M
closing abendonmenl and vacation of a8 of
121st Avenue, Delweon 22nd Street and Tract d
. we shown ane pat of Paradise Park Unfit No.
reoorded In Plat Book 3, Page 77 of the Publlo
Records of Indian Rives Camay, Florida. 12151
Avenue Is now known as 89th Ortve. Ly*np and
•being In Indian River County.•.Fiorlda, more•
Thewaled property la described lar
• ": ALL OF 121ST AVENUE • BETWEEN .
•• 22ND STREET AND TRACT 15. AS.�•
SHOWN ON A PLAT OF PARADISE
PARK UNIT NO. 2 RECORDED IN PLAT .
BOOK 3, PAGE 77 OF TME PUBLIC
RECORDS OF INDIAN RIVER COUNTY_ . d
FLORIDA. 121STii.AVENUE••IS .klDYl)•r'
KNOWN AS 89TH DRIVE. LYING AND.; .
BEING IN . INDIAN RIVER: COUNTY.
FLORIDA.•., *,O.:.,+..,i .
A public hearing et which parties In Interest
and adzene Wan have en porasiny to be
heard, will be held • m (ere of Indian Riva Counthe Boathty, or
Fl° idda In the
County Commission Chambers of the County
Admmistralon Building, located at -1840.28 i'
Street Vero Beach. Florida:en Tuesday, June 7.
1988 at 9:05 a.m.••Y.. ;, ••• .
Anyone who may wish to�appe I an da4Wan
• which may be made at this meeting MA need to
ensure ingi
Is made w namcl8 des the ete0imonyarecord id the nd ..F
dans upon wldah Negri we! be based. • .
INDIAN RIVER COUNTY ' ' •
• BOARD OF COUNTY COMMISSIONERS
• • BY.,.Don C. Scurlock. Jr.
ChairMay 17,1988
BOOK 72 PAGE 540
The Board reviewed the following memo dated 5/27/88:
TO:Charles Balczun
County Administrator
DIVISION HEAD CONCURRENCE:
DATE: May 27, 1988 FILE:
ert .i. KZ g,O P SUBJECT:
Community Devel pme t Director
THROUGH: Stan Boling JI
Chief, Current Development
FROM: John W. McCoItiA REFERENCES:
Staff Planner
FRANK PERONE'S REQUEST
FOR RIGHT-OF-WAY
ABANDONMENT OF A PORTION
OF 89TH DRIVE
perone r -o -w
JOHN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 7, 1988.
LOCATION & DESCRIPTION:
Frank Perone has submitted a petition for the abandonment of 89th
Drive south of 22nd Street. Per guidelines established by the
Board of County Commissioners, the petition was reviewed by all
County divisions and utility providers having jurisdiction within
the right-of-way. All reviewing agencies, except for the Public
Works Department, have recommended unconditional approval of the
abandonment. The Public Works Department has recommended approval
of the abandonment with the condition that a 20' utilities and
drainage easement be retained within the existing right-of-way.
The easement would be centered in the existing right-of-way and
would provide for future utilities and drainage installation and -
maintenance. This portion of 89th Drive is not part of the
_roadway system as noted on the County Thoroughfare Plan, and is
not needed for the thoroughfare system.
While 89th Drive provides for connection from 22nd Street to
undeveloped property, the subject right-of-way segment would
directly connect a commercially zoned area to a residential area.
The Comprehensive Plan discourages co -mingling residential and
commercial traffic. Thus, granting the request would ensure that
such comingling of traffic could not take place via 89th Drive.
RECOMMENDATION:
Staff recommends that the County abandon its rights to this
portion of 89th Drive, and that the Chairman of the Board of
County Commissioners be authorized to execute the attached
Resolution (Attachment #3), with the following condition:
1. that a 20' utility easement be retained as described in
the attached Resolution.
The Chairman opened the Public Hearing and asked if anyone
wished to be heard in this matter. There being none, he closed
the Public Hearing.
Idl9N 7 1988
42
Belle 72 Fig E 541
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 88-39, providing for the closing,abandonment
and vacation of all that portion of 12Ist Avenue (now
known as 89th Drive) between 22nd Street and Tract 5 as
shown on a plat of Paradise Park Unit #2.
RESOLUTION NO. 88 - 39
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT AND VACATION OF ALL OF THAT PORTION OF 121ST
AVENUE BETWEEN 22ND STREET AND TRACT 5 AS SHOWN ON A
PLAT OF PARADISE PARK UNIT #2 RECORDED IN PLAT BOOK 3,
PAGE 77 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. 121ST AVENUE NOW KNOWN AS 89TH DRIVE.
WHEREAS, on April 26, 1988, the County received a duly
executed and documented petition from Frank Perone requesting the
County to close, vacate, abandon, and disclaim any right, title
and interest of the County and the public in and to close, vacate,
abandon, disclaim any right, title and interest of the County and
the public in and to all that. portion of 121st Avenue between 22nd
Street and Tract 5 as shown on a plat of Paradise Park Unit #2
recorded in Plat Book 3, Page 77 of the Public Records of Indian
River County, Florida. 121st Avenue now known as 89th Drive.
WHEREAS, in accordance with Florida Statutes 5336.10, notice
of a public hearing to consider said petition has been duly
published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said right-
of-way is not a state or federal highway, nor located within any
municipality, nor is said right-of-way necessary for continuity of
the County's street and thoroughfare network, nor access to any
given private property.
NOW, THEREFORE, BE
SIONERS OF INDIAN RIVER
1. A11 right, title,
in and to that certain
described as:
IT RESOLVED BY THE BOARD OF COUNTY COMMIS -
COUNTY, FLORIDA that:
and interest of the County and the public
right-of-way being known more particularly
All of that portion of 121st Avenue between 22nd
Street and Tract 5 as shown on a plat of Paradise Park
Unit #2. recorded in Plat Book 3, Page 77 of the Public
Records of Indian River County, Florida..
Subject to a 20 foot -wide easement lying 10 feet on
either side of the centerline of the said street. Lying
in Indian River County, Florida.
43
1JUN 71988
72 542
•
•
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception that
a 20' wide utilities and drainage easements be retained as
described above, and this easement is reserved in perpetuity unto
the County and the Public and shall not be deemed to have been
closed or abandoned in any way by this resolution.
2. Notice of the adoption of this resolution shall be forthwith
published once within thirty (30) days from the date of adoption
hereof; and
3. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statutes §336.10 in the Official Record Books of Indian River
County without undue delay.
The foregoing resolution was offered by Commissioner Eggert
who moved its adoption. The motion was seconded by Commissioner
zoutman.. and upon being put to a vote, the vote as as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler e
Commissioner Richard N. Bird ---K576—
Commissioners
yeCommissioners Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman ""Aye
The Chairman *hereupon declared the resolution duly passed
and adopted this 7th day of June , 1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
c
Don C. Scurlock, J . 'hairman
Board of County Co ssioners
PUBLIC HEARING - TOWN OF INDIAN RIVER SHORES APPLICATION FOR
CERTIFICATE OF PUBLIC CONVENIENCE
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:
JUN 1988
L
44 BOOK 72 ME. 543
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 /4-Gf ai
•
in the matter of_ f')//
4A
in the /�ja Court, was pub-
lished in said newspaper in the issues of /�G S `/ a
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed b fore/)1e this j
•
(SEAL)
S day of
AD 19/?
(Clerk of the Circuit Court,()
•
usiness Manager)
Ian River County, Florida)
.. '. PUBUC NOTICE . j • ...� ,.,t,
On Tuesday,rd o County 7i 1988, at 9:05-A.M. the
BoRiver
County, Florida, will�meettiin the Cooners unty i�
Adminis-
tration Building at 1840 25th Street Vero Beach,
Riirconsider raotuao�ReS ate ofPublic Conven-
ience and Necessity.for EMS transport, , . , i
Anyone ho madeahiaeeal any eowhmay be t this meeting wi8need
ensure that a verbatim record of the proceed-
ings Is made, which Includes testimony and evi-
dence upon which the appeal is based.. .•
May 25,1988 '•
The Board reviewed the following memo dated 5/19/88:
TO: Charles Balczun
County Administrator
DATE: May 19, 1988
SUBJECT: Town of Indian . River Shores
Application For a Certificate
of Public Convenience and
Necessity for EMS Transport
Pldj FROM: Doug Wrig, Director REFERENCES: Indian River County
EMS Director Ordinance #87-66
_ It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at
a. Public Hearing scheduled during the meeting of June 7, 1988.
JUN 7 1988
45
BOOK 72 F'v,E 544
DESCRIPTION AND CONDITIONS
On April 6, 1988, an application for a Certificate of Public
Convenience and Necessity for EMS prehospital emergency trans-
port was received from the Town of Indian River Shores. The
municipality is seeking renewal of an existing certificate
for BLS transport.
The service area designated in the existing certificate in-
cludes the North Beach area of the barrier island. During
the certificate renewal process, the Town of Indian River Shores
expressed an interest in reducing the primary response services
to the incorporated area. This resulted in several meetings
and discussions which produced positive results in terms of
an agreement.
The Town of Indian River Shores Public Safety Department pro-
vides the EMS transport services for the populace in the de-
signated service area. Each staff person is cross trained
in the emergency response areas including fire, EMS, and law
enforcement. Certifications are on file with the Town Manager
at the Town Hall. Currently, the Public Safety Department
employs a staff of twenty (20) employees. In terms of EMS.,
all officers are EMT's and three (3) have obtained the advanced
certification of Paramedic. The Town of Indian River Shores
total budget is approximately $1,500,000 of which approximately
$1,000,000 is allocated to the Public Safety Department.
A new transport vehicle has been ordered by the municipality.
Delivery is anticipated within sixty (60) days at which time
the Town plans to make the older vehicle available to the Fells -
mere Volunteer Ambulance Service. The vehicle is properly
equipped per state statutes and administrative rules. No fees
are charged for the service provided to the populace.
ALTERNATIVES AND ANALYSIS
As stated above, the Town of Indian River Shores had proposed
during the renewal process to limit primary response EMS service
to the incorporated area of the town. This issue has now been
resolved and the municipality appears willing to continue to
provide primary response EMS service to the North Beach area
of the barrier island for a period not to exceed June 30, 1989.
This will give the county sufficient time to stabilize the
EMS transport services on a countywide basis. It is also pro-
posed that the Town of Indian River Shores will be relieved
of primary responder calls to the South Beach area except on
a mutual aid basis. A proposal will be presented in the short
term as to the primary responder for the South Beach area at
a subsequent date.
RECOMMENDATION
Staff recommends the Board of County Commissioners renew the
Town of Indian River Shores Certificate of Public Convenience
and Necessity for a period of two years as specified in Ordin-
ance #87-66 with a primary responder service area to include
the municipality and the North Beach area. Prior to June 30,
1989, the EMS Director will bring the matter back before the
Board to amend the certificate in terms of the service area
to exclude the North Beach area. The matter of coverage for
the South Beach area will remain the responsibility of IRCVAS
for the interim period until an evaluation is made and a re-
commendation presented to the Board of County Commissioners.
AU7X988
46
BOOK 72 mE 545
Commissioner Eggert reported that basically the Emergency
Coordinating Committee wishes to see Indian River Shores continue
servicing the north beach area for at least another year.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously
approved a Certificate of Public Convenience and
Necessity for EMS Transport to the Town of Indian
River Shores.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, theTown of Indian -River Shores has requested authorization to provide
BLS/ALS EMS Transport services to the citizens of Indian River County: and
(Advanced Life or Basic Life Support)
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.1 and rules (Chapter 10D-66, F.A.C.).
THEREFORE, the Board of County Commissioners of Irtd9an Rjver County hereby issues a
certificate of Public Convenience and Necesaity.to said.Company to provide BT.s/Ats FMS Transpo
services with limitations as prescribed on this certificate. (BLS,ALS-transport
ALS non -transport)
In issuing this certificate, the governing body of Indian ttivpr County has considered
recommendations of affected municipalities.
Date Issued June 7, 19811
Date of expiration June 6, 1°90
CUnless certificate is sooner revoked or
suspended)
Limitations:
tC J I7► C ��/A.U� l '/�
ssioners)
'JUN 71988
47
,o(-1 72 PD.CE 54
1RC SANITARY LANDFILL EXPANSION - SEGMENT I1
The Board reviewed the following memo dated 5/27/88:
DATE: MAY 27, 1988
TO: BOARD OF COUNTY COMMISSRS
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILI'' S R ICES
FROM: H. T. "SONNY" DEAN
MANAGER OF SOLID STE MANAGEMENT
DEPARTMENT OF UTILITY)SERVICES
SUBJECT: INDIAN RIVER COUNTY
SANITARY LANDFILL EXPANSION - SEGMENT II
BACKGROUND
On May 4, 1988 bids were received for the subject project. All three
bids were turned over to our consultants, Camp, Dresser and McKee,
Inc. to ascertain compliance with the written specifications and a
recommendation for acceptance.
RECOMMENDATION
Based on Camp, Dresser and McKee's evaluation of the bids and
submittal staff recommends the Board award the contract to the low
bidder Sheltra and Son Construction Company, Inc., and authorize the
Board Chairman to execute the contract.
ot,R'RAcT AwT c Z � ?v $Q, Z3 I
A+Ba•BASE
#3tb
Administrator Balczun presented staff's recommendation that
the Board award the contract to the lowest bidder for $2,380,231
for Segment II at the Landfill. Segment II includes construction
of the;new cell and attendant support facilities to include
berms, lining, leech collection systems, stormwater control, 23
monitoring wells, and earthwork. Staff anticipates a
construction period of approximately 6 months, and toward the end
of that timeframe, we will be ready to go with all the necessary
documents for closure of the existing cell.
►SUN 71988
48
BOOK 72 PAGE 547
A4
Chairman Scurlock asked if there was a particular reason why
the contract has not been signed off by the Legal Dept. or the
Budget Dept., and Attorney Vitunac advised that it probably was
because they were out of town on the bond closing for the Solid
Waste Disposal District, but he had reviewed it after the fact.
Administrator Balczun assumed that they could get it signed
for budget fairly quickly since this is being funded by long term
debt financing.
Chairman Scurlock asked if this was the same firm that is
doing the St. Lucie County Landfill, as he understood there had
been some substantial problems.
Sonny Dean, Manager of Solid Waste Management, explained
that Dickerson has the general contract and Sheltra is doing the
earthwork for them. He knew that they had some problems with
capping the old cell down there, but as far as he knew, there had
not been any trouble with the new cell.
Administrator Balczun reported that he had driven around the
St. Lucie landfill site as he had heard there had been some
problems there. However, he understood that the side sloping
problem has been corrected.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the contract with Sheltra and Son Construction
Company subject to the County Administrator telephoning
St. Lucie County to see if they have had any problems
with the sub -contractors on their landfill project.
Mr. Dean did know that our consultants, Camp, Dresser and
McKee, have been down there several times checking on them.
CONTRACT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD WHEN FULLY EXECUTED AND RECEIVED (Placed on file 7/28/88)
49
JUN 7 1988
BOOK 72 FgE 548
INDIAN RIVER BOULEVARD PHASE I11 NORTH EXTENSION - REQUEST FOR
ADDITIONAL ENGINEERING SERVICES - BOYLE ENGINEERING CORP.
The Board reviewed the following memo dated 5/31/88:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Indian River Boulevard Phase III North Extension
Request for Additional Engineering Services -
Boyle Engineering Corp.
REF. LETTER: Charles M. Green, Boyle Engineering Corp.
To James Davis dated 5-25-88
DATE: May 31, 1988
DESCRIPTION AND CONDITIONS
The Florida DER has advised thst County that impoundment #22 east
of the Indian River Boulevard Phase III Extension project north
of the Main Relief Canal is now classified as a non -jurisdic-
tional area. This determination requires Boyle Engineering Corp.
to revise the DER cut and fill application for the project. The
, consultant is requesting additional compensation not to exceed
$5,248. The attached Amendment No. 3 provides for the additional
work. The total revised contract amount is $282,997.85.
ALTERNATIVES AND ANALYSIS
Extensive permitting for the project may require changes in the
roadway design. Staff considers this work as unforeseen.
RECOMMENDATION AND FUNDING
Staff recommends that the Board, approve Amendment No. 3 to
provide additional permitting services and increase the contract
amount by $5,248 to a total cost of $282,997.85.
Funding from Fund 309, Indian River Blvd. Phase III Account, Zone
5 Traffic Fees.
Commissioner Bird asked if we are set on the final alignment
of the northerly extension, and Public Works Director Jim Davis
advised that now that the DER has made the determination that
impoundment #22 is non -jurisdictional, the County and City staffs
feel that Mr. Hoffman's proposed alignment change on the wetlands
might be good for the project because it shifts the roadway
eastward and leaves some of the western area untouched, whereas
the old alignment encroaches that area. The alignment change is
certainly better in terms of right-of-way acquisition because we
50
!AN 7 1988
BOOK
would not have to deal with 3 or 4 other property owners where we
were taking a little bit of their property.
Director Davis didn't feel that the alignment would make
that much difference in the design, but there would be additional
engineering charges to accommodate the new alignment and for
Boyle to look at it environmentally.
Chairman Scurlock understood that Director Davis wants
authorization today to go ahead and include the new alignment as
part of the scope of services, and Director Davis confirmed that
he would like to do that if the Board felt comfortable with it.
Commissioner Bowman asked why they want to move the
alignment to the east, and Director Davis explained the
differences between the old alignment and the proposed alignment.
He felt there would a cost savings over the old alignment in
terms of right-of-way acquisition and the expense of having Mr.
Hoffman dispute the taking of his property. In addition,
mitigation would be Tess for the wetlands.
Commissioner Wheeler asked what the down side on this would
be, and Director Davis said that the only down side he sees is
some additional engineering to shift the alignment and update the
engineering to accommodate the new right-of-way. He felt this
alignment would be better with respect to connecting with the new
bridge.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to go ahead with the new alignment, and
authorized the appropriate engineering.
Director Davis advised that he would bring a new Amendment
#3 back to the Board at a later date.
51
JUN 7 1988
Boor 72 PAGE 550
COMPENSATION FOR ACTING LIBRARY DIRECTOR AND REIMBURSEMENT FOR
COSTS INCURRED
The Board reviewed the following memo dated 6/2/88:
TO: Board of County
Commissioners
DATE: June 2, 1988 FILE:
SUBJECT: COMPENSATION AS ACTING
LIBRARY DIRECTOR REIM-
BURSEMENT FOR COSTS
INCURRED
FRP. Balczun
OM: CountysAdministrator REFERENCES:
As a result of Mary Kiser's leave of
appoint an Acting Library Director.
post was Ms. Leota Peterson.
We must consider two issues. They are
for the period during which she serves
and, reimbursement for a direct expense
I. COMPENSATION
The position is in Grade E-08 which has a range of $25,814 -
$41,083.
absence, it was necessary to
The person appointed to that
Ms. Peterson's compensation
as Acting Library Director,
incurred by her.
Commonly and professionally accepted policy is that
compensation is based on the position, not on the person.
It is my intention that we continue with this policy, and, to
compensate Ms. Peterson for time actually served as Acting.
Library Director at the minimum level of the range ($25,814).
This will result in a budget transfer being required.
II. REIMBURSEMENT
Ms. Peterson had scheduled vacation and purchased airline
tickets. As a result of her assignment as Acting Library
Director, she cancelled her vacation. Her airline tickets
cost her $230.00 ($212.96 plus $17.04 tax) and are not
refundable.
She incurred this loss solely for the benefit of the County
and as a result I recommend she be reimbursed for costs.
TheXe is some question as to whether we can reimburse for a
tax incurred since in this case it is a federally imposed tax.
A final determination on this point will be available prior to
your June 7, 1988 meeting.
I have the air tickets in my possession for your inspection.
RECOMMENDATION:
Concur with Administrator's intention to compensate at Grade E-08
minimum level and authorize reimbursement of non-refundable
airfare.
LIJUN 1988
52
EyooF 72 ME 551
Attorney Balczun advised that the County Attorney has said
that there would not be a problem in reimbursing that portion of
the airlines ticket which is for federal excise tax.
Chairman Scurlock asked if we were going to place some time
limits in terms of replacing or filling that position, because he
did not want to approve a pay range and a salary without some
sort of specific time constraints.
Administrator Balczun advised that in the event this
position becomes vacant, this individual would remain as acting
director until such time as we are able to hire a full-time
replacement.
Chairman Scurlock asked about the appeal procedure in this
matter, and Administrator Balczun estimated that 30 days would be
a reasonable time period, but needed to check with the County
Attorney on the exact procedure.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation as set out in the above memo.
DNR SUBLEASE AGREEMENTS FOR NO. 11 CORPORATION PARK AND INDIAN
RIVER NORTH BEACH COMPLEX
The Board reviewed the following memo dated 6/1/88:
TO: The Board of County Commissioners
FROM: William G. Collins 11 - Assistant County Attorney
DATE: June 1, 1988
SUBJECT: Department of Natural Resources Sublease
Agreements for No. 11 Corporation Park and Indian
River North Beach Complex
Indian River County has been involved in a cooperative
effort with the State of Florida over the last several years
to acquire and develop beachfront property in the North
County area. Several parcels were acquired by the State
under the Save Our Coast program and several parcels were
acquired by Indian River County as our matching share of the
Save Our Coast program. The acquired parcels are held in
the _ name of the Board of Trustees of the Internal
53
1JUN 7 1988
BOOK 72 PAH 552
Improvement Trust Fund (Trustees) and subleased to the
Department of Natural Resources who have management
responsibility. The Department of Natural Resources wishes
to sublease these parcels to Indian River County for the
purposes of development and management. The subleases would_
run for the same term as the main lease from the Trustees t
DNR, i.e., 50 years from April 16, 1985 for the North Beads
Complex, and 50 years from June 18, 1987 on the No. 11
Corporation Park sublease.
The Indian River North Beach sublease agreement has been
modified to include a paragraph 1.C. which allows DNR to
sublease additional property to Indian River County by
amendment to the agreement when such lands are acquired by
the Trustees and leased to DNR for that purpose. This
provision has been utilized by DNR to add the
"Howell -Chapman" tract to the Indian River North Beach
sublease agreement. Presently the tracts involved in the
Indian River North Beach sublease agreement include the
Morris tract, the Perlini tract, the Howell -Chapman tract,
and the West Erdo tract.
By entering into the sublease agreement, Indian'River County
is agreeing to prepare a final management plan for these
beach areas, which plan must be submitted to DNR for
approval within 12 months of the execution date of the
sublease agreement. The development plan must identify the
phases of development and must comply with the statutory
requirements and administrative rules for park development
and management plans as promulgated by the Department of
Natural Resources.
The sublease agreements have been modified by DNR at the
request of the County. Originally all development at the
subleased park sites was to have been accomplished within
five years. Since the County had not budgeted sufficient
funds to accomplish full scale development within the five
year period, we negotiated a lease modification so that the
lease as it now stands allows the County to develop the
parks in phases. Phase I which must be developed within
five years of the execution of the lease would require the
County to provide, at a minimum,
parking, walkway and water access pfacli�l i tiesceSto suppo Lina
t reasonable proportion of the sites optimum carrying
capacity. The County would also be required to include the
additional phases necessary to fully implement the state
approved final management plan within our capital
improvement plans. The necessary funding to accomplish the
Phase I improvements which are required under the sublease
agreements have been provided for in the Indian River County
Park, and Recreation User Fee and Revenue Study which the
Board reviewed recently. (See page 47 of that study.)
RECOMMENDATIONS:
1. The Boardby motion authorize the Chairman to execute
the sublease agreements for the Indian River North Beach
Complex and for No. 11 Corporation Park.
2. The Board authorize by motion the Director of Public
Works to go out for bid for a consultant to develop the
final management plan necessary to comply with the DNR
sublease agreement. Prior to selection of a consultant to
prepare the final management plan for these parks, the
Public Works Director will return to the. Board for
authorization of the contract.
JUN 1988
54
BOOK 72 FAGE 553
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JUN
71988
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55
BQOK
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z FACE 554
Assistant County Attorney Bill Collins advised that we will
be required in our management plan to show what the additional
phases will be and what developments will take place in the
additional phases. Director Davis has included park development
within the Indian River County Park and Recreation User Fee and
Revenue Study, and has made provisions for both of these parks.
Attorney Collins pointed out that a paragraph has been added
under Indian River North Beach Complex (paragraph 1-c) which will
allow the DNR to add parcels to the North Beach Complex when they
are required in the future by means of addendum to this list, and
they have utilized that paragraph to add the Howell -Chapman
property to the North Beach Complex. In addition, the trustees
have indicated that they want one additional change in the
agreement: Page 3, Paragraph 9 requires us to submit a final
site plan to DNR for review prior to the construction of
facilities, and the trustees wish to change that to say that we
will submit a management plan to the DNR for review and approval.
Attorney Collins advised that in order to proceed, the lease
has to be executed by both the County and the trustees. After
the Board approves these sub -leases today, they will be presented
to the trustees either at the end of June or August, depending on
their scheduling. With the execution of these leases, the County
will be committing to submit to the DNR a final management plan
within 1 year of signing the lease.
Commissioner Bird asked if we have an estimate of the cost
to develop such a management plan and whether we should wait
until budget time to address it.
Director Davis explained that the management plan is going
to be a major job, and felt that we either need to staff up or
have a consultant prepare the plans for the County. He could not
give a rough estimate at this time, but could come up with an
estimate by budget time. Director Davis felt that in the first 5
years we could do enough to open the property up to get good
iJ 1N
7 1988
56
KID 72 PAGE 555 .
public access, build some dune cross -overs, and provide some
parking, and then develop the entire site in 20 years. He felt
Attorney Collins did a good job in communicating with the DNR on
this, because they wanted us to do everything in 5 years, and he
negotiated with them to give us a 20 -year period.
Commissioner Bird believed we might get a plan quicker by
having a consultant do it, especially if we can find an
engineering firm with experience in working with the DNR system.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation as set out in the above memo.
SUBLEASE AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
DEPARTMENT OF CORRECTIONS vs. INDIAN RIVER COUNTY, BOARD OF
COUNTY COMMISSIONERS
The Board reviewed the following memo dated 6/1/88:
TO: Board of County Commissioners
FROM: Sharon Phillips Brennan -
Assistant County Attorney
DATE: June 1, 1988
Re: DEPARTMENT OF CORRECTIONS vs. INDIAN RIVER COUNTY,
BOARD OF COUNTY COMMISSIONERS
Assistant Attorney General Jim Peters called me
yesterday and informed me that he will be requesting the
court to dismiss the lawsuit filed by the Department of
Corrections against the County. He is making this request
because the jail is currently operating within its capacity
Limits and also because of the efforts which the County has
made in establishing the County Correctional Planning
Committee and in authorizing funds for building of the Phase
III Jail.
JUN 7 19
57
FkooF FAf,'(55G
Assistant County Attorney Sharon Brennan reported that she
received a copy of the proposed motion before Judge Hendry and
does not see any reason why he would not enter the order.
Commissioner Wheeler felt that the Legal staff should be
commended because this has been a long hard road and they have
worked over and beyond the call of duiy and have done an
outstanding job in bringing this to a completion.
Commissioner Bird wholeheartedly agreed that the present
Legal staff is outstanding.
INTERLOCAL AGREEMENT FOR MEDICAL EXAMINER
The Board reviewed the following memo dated 6/1/88:
TO: Board of County Commissioners
FROM: Sharon Phillips Brennan -' (3
Assistant County Attorney
DATE: June 1, 1988
RE: INTERLOCAL AGREEMENT FOR MEDICAL EXAMINER
A final draft of the proposed Interlocal Agreement
between the Medical Examiner, the Board of Trustees of
Indian River Community College and Indian River County,
Martin County, Okeechobee County and St. Lucie County is
presented today for your review and discussion. This final
draft is a culmination of seven months of meetings between
the various parties and input from the County Administrator
and the County Budget Director.
The Agreement consists of nine sections. Section One
deals with the status of the Medical Examiner and the
counties. Section Two sets out the rental agreement:
concerning the morgue at Indian River Community College. -
Section Three establishes the procedure to review and
approve the Medical Examiners budget (please note that this
agreement addresses a unified budget concept). Section Four
deals with the division of rental and operating expenses.
.section Five deals with the payment of rental and operating
expenses. Section Six addresses insurance and
indemnification. Section Seven contains covenants by the
Medical Examiner. Section Eight contains miscellaneous
provisions. Section Nine contains notice requirements.
The other three counties within the Nineteenth Judicial
Circuit will be reviewing this Agreement this week or next
week. The Agreement will be presented for signature later
in the month if the Board is satisfied with the draft
agreement.
58.
1JUN 71988
BOOK 72 PAGE 557
Assistant County Attorney Sharon Brennan pointed out the
benefits of having the Medical Examiner located in Indian River
Community College, such as the savings of $87,000 in rental fees
to Lawnwood Hospital.
Chairman Scurlock noticed that the agreement mentions a
purchase of an incinerator for approximately $80,000, and assumed
it was a pathogenic incinerator. He stressed that Indian River
County is spending a substantial amount of money at the Landfill
for a pathogenic incinerator, and wondered if they could use ours
and not have to purchase one.
Attorney Brennan stated that she would bring that to their
attention.
Addressing the unified budget concept, Attorney Brennan
advised that Indian River County's share is 25%, and that Admin-
istrator Balczun and OMB Director Baird had reviewed the
agreement and their suggestions have been incorporated into the
final document. She explained that approval of this agreement
does not in any way tie in with the approval of the budget. An
exhibit is attached which lists the capital improvements that the
counties will agree to provide under this agreement, but the
exhibit is part of the proposed budget and is attached only to
show what items will be provided, not for approval of the amount
of those items.
Commissioner Bowman asked if the committee that will be
formed to represent the various counties will look at this coming
year's budget and make a recommendation, and Attorney Brennan
wasn't sure what the schedule is for budget approval since we
have passed the May 15th deadline. This agreement will be before
the other Boards within the next week or two, and if it is the
desire of the Boards to have a committee review the budget before
presentation, she felt that could be done.
Commissioner Eggert understood then that it will be a
regular budget item this year, and Attorney Brennan believed that
59
LIJUN 7 1988
too 'e2 'AGE 558
would be the case this year. However, it might be helpful, since
it is a unified budget, to have it reviewed.
Commissioner Bird felt that if they act on it quickly, they
would have enough time to get the committee together and have
them take a cursory look at the proposed budget. He asked
Commissioner Wheeler if he had any interest in serving on this
committee since it is indirectly related to law enforcement, and
Commissioner Wheeler stated that he would like to represent
Indian River County on that committee.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Interlocal Agreement and appointed Commissioner
Wheeler as Indian River County's representative on the
committee.
EDC REPORT ON NATIONAL GUARD PROPERTY
Commissioner Eggert reported that the Economic Development
Committee looked at County -owned land to see what we had to offer
to the National Guard. Only two possible areas were found,
Hobart Park or the old landfill site on Old Dixie Highway.
Assistant County Attorney has advised that Hobart Park cannot be
used for anything else except recreation, and the old landfill
site on Old Dixie Highway is presently under consideration as an
exchange for the Winter Beach Cemetery property.
Attorney Collins advised that the DNR, who coordinates with
the National Park Service, feel it is unlikely that the National
Park Service would consider the landfill site as equivalent
recreational value.
The Board discussed the possibility of asking the City of
Vero Beach and the City of Sebastian to search their areas for a
possible site for the National Guard, perhaps the airport areas,
and the Chairman agreed to write the appropriate letters.
1988
60•
BOOK 72 FBF 559
APPOINTMENT OF LIAISON WITH COUNCIL ON AGING
Commissioner Eggert wished to have Commissioner Bowman
replace her as the liaison with the Council on Aging.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously appointed
Commissioner Bowman as the County's liaison with the
Council on Aging, to replace Commissioner Eggert.
There being no further business, on Motion duly made,
seconded and carried, the Board unanimously adjourned at 11:20
o'clock A.M.
ATTEST:
!JUN 7 198E
Clerk Chairman
61
BOO
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