HomeMy WebLinkAbout8/16/1988� a �
Tuesday, August 16, 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,
August 16, 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 Acting County Administrator William G. Collins Il; 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.
Reverend Don Watkins of Christ Presbyterian Church gave the
invocation, and Attorney Vitunac led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Collins requested the addition of a discussion
regarding the removal of the tower at the old jail site.
Administrator Collins also requested that Item 9-A-6 - the
application for renewal of Fellsmere Volunteer Ambulance Service
Certificate of Public Convenience - be moved to 8-A-4 as it is a
Public Hearing and has been advertised as such.
Commissioner Eggert requested the addition of a
clarification on a new Health Department building.
Attorney Vitunac requested the addition of a discussion
regarding the final check to former County Administrator Charles
BaIczun.
BOOK V�
AUG 161988
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
added and moved ahead the above items on today's
Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of August 2,
1988. There were none..
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 8/2188, as
written.
CONSENT AGENDA
1. Report
Received and placed on file in the Office of the Clerk to
the Board:
Traffic Violation Bureau, Special Trust Fund
Month of July, 1988 -- $40,687.05
Month to Date Report by Last Name
Month of July, 1988
2. Site Plan Extension - Ralph Sexton
The Board reviewed the following memo dated 7125/88:
TO:Charles P. Balczun y DATE:Jul 25, 1988 . FILE:
County Administration
DIVISION HEAD CONCURRENCE:
4��"z 1e, SUBJECT: RALPH SEXTON'S REQUEST
Ro
ert K. Keati , A FOR SITE PLAN EXTENSION
Community Developmen Director TM #88-1164
THROUGH: Stan Boling .46
Chief, Current Development
FROM: John W. McCoy} f_t tP.
Staff Planner
REFERENCES: sexton
JOHN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 16, 1988.
2
AUG 16 1998 �oo� F� �4 ,
� � r
DESCRIPTION AND CONDITIONS:
On July 23, 1987, the Planning and Zoning Commission approved a
minor site plan application submitted by Ralph Sexton. Approval
was given to construct a 11,458 sq. ft. paved parking area at 1955
43rd Avenue.
Due to financial constraints, Mr. Sexton has been unable to
.._.commence construction -prior to the expiration of the approved site
plan. However, if no construction has begun by July 23, 1988, the
site plan approval will- lapse unless otherwise extended by the
Board of County Commissioners. :-,This petition was received by the
Community Development department prior to the expiration of the
approved plan; as required -by site plan ordinance.
No regulations have changed since the time of site plan approval
that would affect the approved plans.
Pursuant to the provisions of Section 23.2(G)(2), Appendix A of
the Zoning Code, Mr. Sexton is requesting a full 1 year extension
of the approved site plan. It has been the policy of the Board to
grant extensions to projects which conform to current codes.
RECOMMENDATION:
Staff recommends approval of Mr. Sexton's request , for a one year
extension of the approved'site plan; the new expiration date to be
July 23, 1989.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Ralph Sexton's request for a one-year extension of the
approved site plan with the new expiration date to
be July 23, 1989, as recommended by staff.
PUBLIC HEARING - AMENDMENT TO PLATTING ORDINANCE (Continued from
819/88 Meeting)
The Board reviewed the following memo dated 514/88:
"r -
TO: The Board of County Commissioners -
FROM: w C—William G. Collins II - Assistant County Attorney
DATE: May 4, 1988
SUBJECT: Amendment to Platting Ordinance
Please find attached a proposed ordinance making minor
revisions to our .requirements for final platting. The
second and the third revision are minor and Incorporate
requirements of Florida Statutes relating to platting. The
3
BOOK i eJ carr
AUG 1 � i9�� LL ���7
�
second simply provides for inclusion of the name of the
subdivision within the Certificate of Dedication executed by
the owners. The third revision incorporates a new
requirement of Fl-orida law that requires- that dedications
for utility easements shall also be easements for the use of
cable television services. The first revision and perhaps
the most important, has to do with the lettering size on
plats. As you may be aware if you have ever tried to read a
plat which has ---been photographed on microfilm and then
reproduced from the --microfilm at half of its original size,
It is very difficult to -read the-print-ing on many if not
most plats. This real ly-**.defea ts one of the functions of
recording a plat,--I.e.- to put the publ..i•c on notice as to
the intentions for -the future sale and:. development of a
particular parcel of land. To avoid this.prdblem the clerks
office and the county surveyor have suggested a minimum
character height of 5/32 :of an inch which Is the standard
size used for Department of Defense microfilmed materials.
I Incorporate for your review examples of -this size print -as
well as supporting memorandums from Mr. Cramer and Mr.
Woodard which explain the -need for this change better -than 1
can.
Rick Woodard, Microfilm Manager in the Clerk's Office,
explained that after discussing the matter this past week, they
have agreed on 1/8" lettering rather than 5/32".
Chairman Scurlock opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 88-29, making additions, deletions and
amendments to the platting ordinance of Indian River
County relating to lettering size for final plats; and
required language for plat certificates of dedication;
etc.
4 Boor 73 F��,�E 41908i� U G �. 6 7���
5/3/88(LEGAL)wgcord(s/p im
jI
t
ORDINANCE NO. 88-29
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, MAKING ADDITIONS, DELETIONS AND
AMENDMENTS TO SECTION 7 OF THE
SUBDIVISION AND PLATTING ORDINANCE OF
INDIAN RIVER COUNTY RELATING TO
LETTERING SIZE FOR FINAL PLATS; AND
REQUIRED LANGUAGE FOR PLAT CERTIFICATES
OF DEDICATION: PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes 177.051 requires the name of
a subdivision to be shown in the dedication and to coincide
exactly with a subdivision name; and
WHEREAS, Florida Statute 177 was amended effective
October 1, 1987 to require that all platted utility
easements shall provide that such easements shall also be
easements for the construction, installation, maintenance
and operation of cable television services; and
WHEREAS, final plats when recorded serve the function
of providing public notice as to the use and dedication of
said platted land; and
WHEREAS, said public notice function is compromised
when photographic reproductions are of such a scale that the
lettering on said plats are unreadable;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY:
cFrT 1 nN 1
Section 7(f)(4), Subdivision and Platting Ordinance of
Indian River County, Florida, is amended to add the
following -language and shall read:
Section 7(f)(4). Size [and format] of drawings. The
final plat shall be:
a. Prepared by a land surveyor registered and licensed
in the State of Florida.
b. On sheets twenty-four (24) inches by thirty-six
(36) inches, with a one-half inch margin on three (3) sides
and a three-inch margin on the left side for binding.
CODING: Words in type are deletions from
existing law; underlined are additions.
AUG 16 1988 1 Bou 7 2N
L_
M
c. To a scale not smaller than one inch represents one
hundred (100) feet. For subdivisions exceeding one hundred
(100) acres, the scale may be as small as one inch
represents two hundred (200) feet or as approved by the
community development director.
d. Clearly drawn or printed with permanent black
drawing ink.
e. On linen tracing cloth or stable base film a
minimum of 0.003 inches thick coated upon completion with
plastic material or a nonadhered scaled print on a stable
base film made by photographic processes to assure
permanency.
f. Printed with lettering no smaller than 1/811, with a
commensurate letter -line width.
C nlr 1 r%K1 -1
Section 7(f)(7)a., Subdivision and Platting Ordinance
of Indian River County, Florida, is amended to read:
Section 7(f)(7)a. Dedications. The purpose of all
reserved areas shown or referred to on the plat and of the
improvements shall be defined in the dedication. All areas
reserved for use by the residents of the subdivision and all
areas or facilities intended for public use, shall be
specifically dedicated by the owner of the land at the time
the plat is recorded. All streets, rights-of-way,
easements, recreation facilities, storm water management
tracts and their related facilities designed to serve more
than one 'property owner shall be dedicated to the public
use, or to a property owners' association for private use.
Where private dedications are involved, ownership and
maintenance association documents shall be submitted with
the final plat. The dedication shall clearly dedicate the
private facilities to the association without recourse to
the county or any other public agency. All dedicated areas
shall be identified as tracts unless all such areas are
dedicated to one entity and clearly identifiable. All
CODING: Words in ithbIlk/W60016 type are deletions from
existing law; underlined are additions.
,AUG 16 1988 2 I;ooK 73 430
dedications shall be in the following form or as approved by
the county attorney:
CERTIFICATE OF DEDICATION
(Corporate)
KNOW ALL MEN BY THESE PRESENTS, that (exact corporate
name), a (state) corporatiol�, fee simple owner of the land
described and platted herein as (exact name of subdivision),
being in Indian River County, Florida, have caused said
lands to be surveyed and platted as shown hereon and does
hereby dedicate as follows:
(Individual)
KNOW ALL MEN BY THESE PRESENTS, that
fee simple owner of the land
described and platted herein as (exact name of subdivision),
being in Indian River County, has caused said lands to be
surveyed and platted as shown hereon and does hereby
dedicate as follows:
(SELECT AS APPROPRIATE):
1. Streets and right-of-ways:
(for public streets)
All streets and rights-of-way shown on this plat (name
specifically if less than all) are hereby dedicated in
perpetuity to Indian River County, Florida, for the use and
benefit of the public for proper purposes.
(For private Streets)
All streets and rights-of-way shown on this plat (name
specifically if less than all) are hereby declared to be and
shall remain private. They are dedicated for the use
and benefit of the owners and residents of this subdivision,
and shall be the perpetual maintenance obligation of the
(state exact legal name of maintenance entity). All public
authorities, including but not limited to police, fire and
ambulance, shall have the right to use the streets in the
course of performing their respective duties. The Board of
County Commissioners of Indian River County, Florida, shall
CODING: Words in WUR/W6000 type are deletions from
existing law; underlined are additions.
AUG 16 1988 3 ru 7" ;,u.431
L-
have no responsibility, duty or liability whatsoever
regarding such streets.
2. Utility easements:
The utility easements as shown are dedicated in
perpetuity for the construction, installation, 400
maintenance and operation of utilities by any utility
provider, including cable television services, in compliance
with such ordinances and regulations as may be adopted from
time to time by the Board of County Commissioners of Indian
River County, Florida.
3. Drainage and storm water management easements:
The drainage easements and storm water management
tracts or easements as shown are dedicated in perpetuity for
construction and maintenance of drainage facilities and
shall be the perpetual maintenance obligation of the (give
exact name of maintenance entity).
4. Park and recreation areas:
The park and recreation areas as shown are dedicated in
perpetuity for the (exclusive use and enjoyment of the
owners of lots in this subdivision) (Use and enjoyment of
the public) and shall be the perpetual maintenance
obligation of (give exact name of maintenance entity, if
private) (Indian River County, Florida.)
5. Limited access easements:
The Iimited access easements as shown are dedicated in
perpetuity to the Board of County Commissioners of Indian
River County, Florida for the purposes of control and
jurisdiction over access rights.
(ADD APPROPRIATE CONCLUSION):
(Corporate)
IN WITNESS WHEREOF, the above named corporation has
caused these presents to be signed by its
and attested by its
and its corporate seal to be affixed
hereto by and with the authority of its board of directors
CODING: Words in $>>wtUIk/W6001fi type are deletions from
existing law; underlined are additions.
AUG 106 1988 4 ROOK 73 F'1;F 432
this day of
(Individual)
. 19
(FULL CORPORATE NAME),
a corporation of the State of
By: (Signature of president)
Type Name and Title of
Officer
Attest: (Signature of
attesting corporate
officer)
Type Name and Title of --
Officer
(AFFIX CORPORATE SEAL)
IN WITNESS WHEREOF, (1) (we), (name(s)), have hereunto
set (my) (our) hand(s) and seal(s) this day of
11 19
WITNESSES:
(signature)
(Typed name)
(ADD ACKNOWLEDGEMENT OF THOSE EXECUTING THE DEDICATION)
SECTION 3.
Conflicting Provisions.
Special acts of the Florida legislature applicable only
to unincorporated areas of Indian River County, County
ordinances and County resolutions, or parts thereof, in
conflict with this ordinance are hereby superseded by this
ordinance to the extent of such conflict.
Severability.
If any section, or if any sentence, paragraph, phrase,
or work of this ordinance is for any reason held to be
unconstitutional, inoperative, or void, such holding shall
CODING: Words in WOWW6000 type are deletions from
existing law; underlined are additions.
AUG 16 1988 5
not affect the remaining portions of this ordinance, and it
shall be construed to have been the legislative intent to
pass the ordinance without such unconstitutional, invalid or
inoperative part.
SECTION 5.
Incorporation in Code.
This ordinance shall be incorporated into the Code of
Laws and Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or other
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
C Cf`T I rlAl G
Effective Date.
This ordinance shall become effective upon receipt from
the Secretary of State of the State of FI or Ida of off is is I
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this
16th day of August, 1988.
This ordinance was advertised in the Vero Beach
Press -Journal on the 6th day of July, 1988, for a public
hearing to be held on the 21st day of July, 1988, at which
time it.was tabled to August 9, 1988 and again to August 16,
1988 when it was moved for adoption by Commissioner Eggert,
seconded -by Commissioner Wheeler, and adopted by the
following vote:
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
CODING: Words intype are deletions from
existing law; underlined are additions.
,AUG 161998 6 nu 73 ,, c 434
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By :J". Z
�__
bon Scurloc , Jr:
Chairman
Attest By:
FredaVA-4 Oft
rig t, Cl k
V I-�. ,,,Q a. •C
Acknowledgment by the Department of State of the State of
Florida, this 25th
day of _ August , 1 98_
Acknowledgment from the Department of State received on this
29th day of August , 198, at 10:00
a.m./p.m. and Commissioners of Indian River County, Florida.
CODING: Words in type are deletions from
existing law; underlined are additions.
G 16 1989 7nc,K 73 435.
IIS
PUBLIC HEARING - COUNTY -INITIATED REZONING OF 2 ACRES FROM RM -6
TO CL AND FROM CL TO RM -6
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 -Journal, a daily newspaper published
at Vero
(moBeach In /Indian River County, Florida; that the attached copy of advertisement, being
In the matter
In the _ _ Court, was pu6-
fished in said newspaper In the issues of O
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 bet me is _ ay of 19
usi $s Manager)
t
x
(Clerk of the Circuit Court, India ver County, Florida)
(SEAL)
NOTICE - PUBLIC HEARING
Notice of hearing Initiated by Indian River
County to consider the adopption of a County or-
dinance rezoning parcel 1 from: RM -8, Multiple -
Residential District to CL, Limited Com -
District. The subject property Is pre-
esntiyowned by William P. and Lorraine B.
Johnson and te located northeasterly of U.S.
Highway 1 approximately 129th Street.
Parcel 1 being described as:
Town of Wauregan. PBS 1-178,179. The
northwesterly 118.97 feet of Lot 25ryIng
northeasterly of U.S. Highway, 1 (O.R
Bic. 457, P.P. 188).
And to.conal er the adoption of a county ordi-
nance rezoning parcel 2 from CL, Limited Com-
mercial District to RM -8, MuMple-Family Rest -
dentist Otetrict. The subject parcel is presently
owned by Joseph R. 6 Marjorie L. Ai9er and Is
located east of U.8. Highway 1 approximately
128th Street.
Parcel 2 being described as:
Town of Wauregan, PBS 1-178. The
rwrthwesory 1811.41 feet of Lot 24,
east of U.S. Highway No. 1(O.R. SLIM
P.P. 388).
A pub9c hearing at which parties in interest
and cltizerra shag have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian M- Camty, Florida, In the
County Commisslon Chambers o1 the County
Administration Building, located at 1840 25tH
Street, Vero Beach, Florida on Tuesday, August
18,1988, 0[9:05 a.m.
The Board of County Commissioners may
recommend a less Intense zoning district than
Bre district requested provided it is within the
same general usone who e
aacyyeteg eery
decision
which may be made at ming will need to
ensure that a verbatim record of the proceedings
Is made, which Includes testimorty and evidence
upon which the appeal Is based.
Indian River County
Board of County Commissioners
h s Don C. Scurlock. Jr.
rman
July 27C19M
The Board reviewed the following memo dated 8/2/88:
TO: Charles Balczun DATEigust 2, 1988 FILE:
County Administrator
DEPARTMENT HEAD CONCURRENCE:
COUNTY INITIATED
Robert M. eatinIty
, IcOBJECT: REQUEST TO REZONE 2±
mmunDirector, CoD elopment ACRES FROM RM -6 TO CL,
Department AND FROM CL TO RM -6
THROUGH: Gary M. Schindler
Chief, Long Range Planning
FROM avid C. Nearing fjREFERENCES:
Staff Planner 'te4f
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at
their regular meeting of August 16, 1988.
6 BOOK 73 NUDE 4 36
AUG 16 1988
V
DESCRIPTION AND LOCATION
The County Planning Staff has initiated this request to correct
a recently located error in. .the County zoning atlas. This
request is to rezone approximately half of lot 24 of the Town
of Wauregan Subdivision (parcel 2) from CL, Limited Commercial
District to RM -6, Multi -Family Residential District (up to 6
units/acre), and to rezone approximately half of lot 25 Town of
Wauregan Subdivision (parcel 1) from RM -6 to CL. These two
parcels are situated on U.S. 1 approximately 3/4"mile south of
Roseland Rd.
Purpose _
As statedf-the purpose'of-this request is to correct a recently
discovered error in the County Zoning Atlas. The error was
discovered when a local realtor inquired into the correctness
of the location of the CL zoning involved in this request, in
relation to a parcel of property which he was representing.
The staff examined the location of the CL zoning in relation to
a retail shop which had been located at its present site for
many years prior to the adoption of the current Comprehensive
Plan in 1982.
The reasoning for the relationship between the CL zoning and
the retail center is a result of the purpose and intent of the
1982 plan. This plan stated that, since it was not the intent
of the plan, or the Board of County Commissioners to create
nonconformities, any existing commercial operation in existence
prior to the adoption of the plan shall be deemed conforming to
the plan. After the adoption of the plan in 1982, the staff
set about to make all land in the County consistent to the
plan. This was accomplished through creation of new zoning
districts and initiating various rezoning procedures.
In 1985, the county changed all residentially zoned land from
old residential designations to the current designations. In
January 1986, the county performed a rezoning which involved
all agricultural, commercial, and industrially zoned lands. As
in the first comprehensive rezoning, this action changed land
from old designations to those currently being used. In
certain areas where the commercial or industrial zoning was
determined to be inconsistent with the commercial and
industrial policies set forth in the comprehensive plan, the
zoning was changed from commercial or industrial to a
residential designation.
The methodology used in
industrial to residential
land to established nodal
surrounding land uses, and
facilitate this, an indept
identify where existing
were located. 'The staff
majority of cases the lc
However, due to the scc
oversites have been foi
oversights. Originally i
was situated entirely on
established that the reta
south half of lot 24, and
parcels being owned by thi
of lot 24 is vacant and un
changing zoning from commercial or
was based on the proximity of the
areas or mixed use areas, predominant
the current use of the property. To
h land use inventory was performed to
commercial or industrial operations
has found that in the overwhelming
,cational determination was correct.
)pe of the undertaking, occasional
ind. This case is one of those
t was believed that the retail shop
lot 24. However, it has now been
it shop is actually situated on the
the north half of lot 25, these two
a owner of the shop. The north half
der other ownership.
On June 23, 1988jthe Planning and Zoning Commission unanimously
voted to recommend approval of this request.
AUG 1
1998 Boa 73 f,a,,c 4937
ALTERNATIVES & ANALYSIS
In this section, analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of. -the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.- _
EXISTING LAND USE PATTERN
Parcel 1 -Is currently occupied by a retail shop, and zoned
RM -6. The parcel immediately north is also occupied by the
retail shop and zoned CL. East of parcel 1 is a mobile home
park zoned RMH-8. South of parcel 1 is vacant land zoned RM -6.
West of parcel 1 across U.S. #1 is the City of Sebastian, zoned
CL.
Parcel 2 is currently vacant and zoned CL. South of parcel 2
is the retail shop. East of parcel 2 is the mobile home park.
North of parcel 2 is vacant and zoned RM -6; West across U.S. #1
is the City of Sebastian.
FUTURE LAND USE PATTERNS
Both parcels 1 and 2 have a land use designation of MD -1,
Medium Density Residential District (allowing up to 8
units/acre). However, as previously explained, since parcel 1
currently contains an existing commercial use, commercial
zoning on this parcel would be considered consistent with the
Comprehensive Plan. All lands north, south, and east of these
parcels are also designated MD -1. The land use across U.S. #1
in the City of Sebastian is Commercial.
TRANSPORTATION
Both parcels have access to U.S. #1 classified as a major
arterial on the County Thoroughfare Plan. The rezoning of
parcel 1 to commercial will not increase traffic impacts on
U.S. #1 above that at present. Rezoning parcel 2 from
commercial will actually decrease future impacts. Since parcel
2 is currently vacant, any development under the current
commercial zoning would generate traffic according to the
commercial use. This traffic would be significantly less if it
were zoned residential.
ENVIRONMENT
Both parcels are not designated by the Comprehensive Plan as
environmentally sensitive, nor are they situated within a flood
prone area. However, both parcels are situated on the Coastal
Sand Ridge. Any development occurring on either parcel would
be regulated by the mining and excavation ordinance.
Utilities
Parcel 1 is currently utilizing an on site well and septic
system. No public water and sewer facilities are currently
available to this area.
CONCLUSION
Since the north half of lot 24 is vacant, zoned commercially,
and not under ownership by the owners of the shop, this parcel
is inconsistently zoned in relation to the land use plan. This
parcel should have been rezoned from C-1 to RM -6 in 1986 with
those parcels to the, north of it. The north half of lot 25
should have been rezoned from C-1 to CL with the south half of
lot 24.
RECOMMENDATION
Based on the analysis performed, staff recommends approval of
this rezoning to correct -an error on the County Zoning Atlas.
8
AUG 16 1988
Boor 73 F, 'J 4'138
Chairman Scurlock opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 88-30, rezoning 2± acres from RM -6 to CL, and
from CL to RM -6.
ORDINANCE NO. 88- 30
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING
ZONING
MAP
FOR THE PROPERTY DESCRIBED HEREIN,•AN
FOR EFFECTIVE DATE. 11
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency" an such matters, has•held h public hearing
and subsequently made a recommendation regarding this rezoning
requests and '
WHEREAS, The, Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of intent to
rezone the hereinafter deacribed 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 parcels situated in Indian River County,
Florida, to -wit;
Parcel 1 being described as;
Town of Wauregan, PPS 1-178, 179. The northwesterly 116.97
feet of Lot 25 lying northeasterly of U.S. Highway 1 (O.R.
Bk. 457, P.P. 186)
Be changed from RM -6, Multiple -Family Residential District to CL,
Limited Commercial District; and
Parcel 2 being described as;
Town of Wauregan, PBS 1-178. The northwesterly 166.41 feet
of Lot 24, lying east of U.S. Highway No. 1 (O.R. Bk. 506,
P.P. 369).
Be changed from CL, Limited Commercial District to RM -6,
Multiple -Family 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 16th day
of August , 1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
• By
on C. Scur ock, Jr., a rman
'AUG 161988 9 Bou 73 ..,,r, 439
PUBLIC HEARING - COUNTY INITIATED REQUEST TO AMEND THE BOUNDARIES
FOR THE 795 ACRE 1-95/SR-60 COMMERCIAL/INDUSTRIAL NODE
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:
VE110 BEACH MMU40URHAL
/ublidled Do"
Verve Mash. la/he am Cog"". Fierida
•fie,; >4
A-
COUNTY OF /NOUN RNEW STATE OF FLOMA
• Set= the wnd*tagned authority Fwsonalh wPrane J. J. Seldmaan• it. woo on oath
tl Vero arch U Indian Rh a one mW
thin no is A, MWUQW Vas Beach Pron4ot. a dally newspaper p+Nuled l>
County. Fkwft the the attached copy of adwrhsamanL It"
to the veal UwG/ /iJ7� �wl�
In the _ COWL Was pub.
osw In cab rrarrapaper In the keen Of
Afflant no said
Such ftentourna
Vero Beach. Ins W It �RiCounty. .FFWtfti andkavorepajer has nimoolom
been Corltleum" Published in slid 1;hwian River_Coaatr. FlotrOA gear da" ane has been
entered ere ataaw CWs mail manes the Natottin m Vero arch. lin sad Wd=Rhar Coon
ty. Fkrift for • pared a ane yet oat pratxdbq tni floe turblieatuen a the ataened copy a
adm iumnei sue alllant fuser for" tnat he has namar Pae nor premised any Parson. Ihm
or Corporation ally dhwXM , mate. eammasan or mune for ate purpose of sewmq thio
ltivMWrrnt tar publication m the caw nowapaper.
Swore to and subscribed before Met • �, CA.D. to
P EAW (perk of the Ckael CottrL Indim River county. FW"
�xM1i
t 4,4&
,I _
6 &
f f.•
t NOW
Florida,
Wder the
I iflAN
1•FOR
10 'R; AREAS',T0t BE "INC
NOTICE OF REGULATION
: -; f �JOTICE OF PUBLIC
�{ ' 'i: m ATO CONSIDER
J4: 'T' ADOPTION OF A COUNT
°REBY� VEN that the Board of Cou
Id a public hearing at which Parties L
d. tri the County Commission Chambta
th Street, Vero Beach. Florida, on.Tu
n of an Ordinance entitled•
NCE OF INDIAN RIVER COUNTY. F
A
CL
� .GO..�;�r'!,{i ,:•rte`=
.. ^`.p 7 tai A'
LUDED'i , _
at ,LI
OF LAND USE-'-
HEARING
SE- 'HEARING
THE d
ORDINANCE ;.
ity Commiseionem of Indian RNC► County..
interest and citizens shall have an oppor.
rs of the County Administration Building. Io.:
aft, August 16. 19M at S:a'i AAL to con-
.ORIDA, ESTABLISHING BOUNDARIES
NODE SITUATED AT THE INTERSEC- i
` TION OF I.95 ANO S.R. BO AS GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE
(I ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE
.I jr,r•COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR THE BOUNDARY MAP.:DESCRIP- y
TION OF THE NODE AND EFFECTIVE DATE.
A map of the proposed node blw ary 1.4 available at the Planning Department office on the seo-
•ond floor of the County Administration Building. e
Anyone who may wish to appeal any decision which may be made at this meeting will need to
ensure that a verbatim record of the proceedings Is made, which indudes testimony and evidence
upon whkh the appeal D based.
Yy^ Indian River County r;
Board of County Commissioners
% -
By-.-G-Don C. Scurlock. Jr.
C firm
July 27an
The Board reviewed the following memo dated 8/4/88:
TO: Charles P. Balczun DATE -gust 4, 1988 FILE:
County Administrator
DIVISTI71W HEAD CONCURRENCE:
I
SUBJECT: COUNTY INITIATED REQUEST
o art M. Keati g, IC TO AMEND THE BOUNDARIES
Planning & DevelopqentulArector FOR THE 795 ACRE I-95/
S.R. 60 COMMERCIAL/
THRU: Gary Schindler¢� INDUSTRIAL NODE
Chief, Long -Range Planning/Ti
FROM: David C. Nearing e/;f REFERENCES:
Staff Planner
It is requested that the data herein presented be given formal
consideration by the Board of 'County Commissioners at their
regular meeting of August 16, 1988.
10
AUG 16 19-0e BOOK 7 Fr,,,. 440
L_ _ .i
DESCRIPTION & CONDITIONS
The Planning Department is initiating a request to amend the
established boundaries for the. seven hundred ninety-five (795)
acre commercial/ industrial node situated around the intersection
of I-95 and S.R. 60.
On September 12, 1984, the Board of County Commissioners adopted
an amendment to the text of the Land Use Element of the
Comprehensive Plan which provided for establishing boundaries for
each of the nodes as generally described in the text of the Land
Use Element of the Comprehensive Plan.
Once a node size and location are established, or the size of an
established•=node is changed, the planning staff is required to
establish a fixed boundary around all land encompassed within the
node. This entails a detailed analysis of all parcels proposed
for inclusion. This proposed boundary is then presented to the
Planning and Zoning Commission for their recommendation. The
Planning and Zoning Commission may recommend approval of all or
part of the staff's proposal, or may deny the entire proposal.
Should the Commissioners approve in part or deny the proposed
boundaries, they may recommend alternate boundaries. The staff
then presents the recommended boundaries, or any proposed
alternatives, to the Board of County Commissioners. The Board
then makes a final determination of the node boundaries.
On March 15, 1988, the Board of
comprehensive plan amendment
Commercial/Industrial node from
current request is to amend the
additional 145 acres included in
County Commissioners approved a
to enlarge the I-95/S.R. 60
650 acres to 795 acres. The
node boundaries to encompass the
that amendment.
On June 23, 1988, the Planning and Zoning Commission voted
unanimously to recommend approval of this request.
ALTERNATIVES & ANALYSIS
The proposed boundaries of the I-95/S.R. 60 Commercial/Industrial
Node were prepared based on the following criteria:
1. The general description and size constraint of the node
as described in the text of the Land Use Element;
2. The existing commercial and industrial uses in the
general area of the node;
3. The existing zoning pattern;
4. Property boundaries;
5. Traffic considerations; and
6. Environmental considerations.
The I-95/S.R. 60 Commercial/ Industrial Node is described in the
Comprehensive Plan as follows:
"This is a commercial/industrial node containing seven
hundred ninty-five (795) acres".
In establishing or revising node boundaries, the staff attempts
to follow property lines or zoning district boundaries. If it is
not possible to utilize either of the aforementioned methods,
alternate methods such as uniform distances from right-of-way
lines or extensions of dead end right-of-way centerlines are
utilized.
11
ror 73 Fact- 441
In this case, it was possible to follow property lines for the
two proposed areas south of S.R. 60 and west of I-95. However,
in the case of the area north of-S.R. 60 and east of I-95, it was
necessary to establish an average depth and utilize an extension
of the 21st Street right-of-way projected east of its dead end at
85th Court. The average depth is 650 ft. north of --the S.R. 60
right-of-way.
The three areas under consideration for inclusion within the -{
proposed node boundaries were previously reviewed while `the
latest node enlargement was under consideration. In conjunction
with the node expansion, an -in-depth analysis was performed for
each parcel The analysis previously presented is reintroduced
as support for this request.
Current Land Use Patterns
The first parcel, located north of S.R. 60 and east of 85th
Court, contains 12 nonconforming mobile homes and vacant property
zoned RM -6, Multi -Family Residential District (up to 6
units/acre). The property to the east contains a mobile home
park zoned RMH-8, Residential Mobile Home District (up to 8
units/acre). The property north is vacant and zoned RM -6. The
property west of the subject parcel contains several
single-family homes and vacant lots zoned CL, Limited Commercial.
South of the subject parcel across S.R. 60 is vacant land zoned
CG, General Commercial.
The use of -the second parcel is currently vacant land and groves
zoned RM -6 and A-1. To the east of the subject property is I-95.
To the west of this property are groves zoned IL, Light
.Industrial District. North of the subject property are groves
and a single-family residence zoned CG, General Commercial.
South of the subject parcel are groves zoned A-1, Agricultural
District (up to 1 unit/5 acres).
The third parcel currently contains an air strip and groves, and
is zoned A-1. To the west across 98th Avenue are several
industrial uses such -as Ramp Master zoned IL. To the south of
the subject property are groves zoned A-1, with groves also lying
east zoned IL, and north zoned CG.
Future Land Use Pattern
The Comprehensive Plan. designates the first subject property as
MD -1, Medium Density Residential (allowing up to 8 units/acre).
The lands lying north and east are also designated as MD -1. The
lands west and south across S.R. 60 lie within the current
boundary of the I-95/S.R. 60 Commercial/Industrial Node.
The Comprehensive Plan designates the second and third properties
and the land south of them as MD -1. The lands north, east, and
west lie within the Commercial/Industrial Node.
Transportation System
The first subject property has access to the south onto S.R. 601
classified as an arterial road on the county's Thoroughfare Plan,
and also to 85th Court to the west classified as a local road.
The second parcel has access to the south to undeveloped 16th
Street, classified as a local road.
The third parcel has access to the west to 98th Avenue classified
as a primary collector road, and to undeveloped 16th Street to
the south.
12
AUG 161988 BOOK 73 F-AuE 442
Since all existing roads in the area are currently at a level of
service "A", a surplus of road capacity exists. Any impacts to
the transportation system which will occur as a result of
development of the subject properties will be addressed during
site plan or subdivision review.'
Environment
The three subject properties are not considered environmentally
sensitive land. The -first and second are also not located within
flood prone areas; however, the third property abutting 98th
Avenue is within an area subject to occasional flooding. - This
property will require. special. ;engineering in order to meet the
requirements for the county's Flood Protection and Stormwater
Management ordinance.
Utilities
Public water and wastewater are available along S.R. 60 up to the
I-95 interchange.
Conclusion
Since the three areas proposed in this request were those
originally reviewed during the comprehensive plan amendment to
expand this node, staff feels that these areas should be included
within the amended boundaries. Inclusion of these areas will
serve to'square off the boundaries. Inclusion of these' areas
will also eliminate a situation where residential development
would be surrounded on three sides by commercial or industrial
uses.
RECOMMENDATION
Based on the analysis performed, the Planning and Zoning
Commission recommendation, and the fact that the areas proposed
for inclusion in the node are the specific areas considered by
the'Board during the latest hearing on node expansion, staff
recommends inclusion of the specified areas into the node.
Chairman Scurlock noted that the Commission has been
wrestling for quite a while with the size of nodes and one of the
concerns is to have nodes of sufficient size to allow enough
competition to keep land values in a meaningful range so that
property can be developed and become productive. We started off
the process by designating very specific smaller areas and then
went in a little different direction by expanding them. There is
the mix of keeping enough area so that you have property that is
competitively priced, but not so broad that you cannot deliver
water, sewer, roads, etc. He would like to see us explore the
concept that is being used in Palm Beach County, which is to use
it or lose it. They have a 2 -year period for going forward and
using your land for the way it was intended or the zoning drops
out of the node. Chairman Scurlock was not saying that is the
13
B o o K, 73 r,1u--'- 443
way we should go, but was interested in exploring the concept to
see if it has some applicability to Indian River County.
Director Keating explained that we do have that in place for
neighborhood commercial nodes right now and presently there are a
couple of parcels teetering on the edge right as far as time
limits are concerned. When the Comp Plan first went into effect,
the nodes were not defined by specific boundaries and in essence
that concept would have applied then in the sense that you would
have had the opportunity to change the boundaries at any time by
either taking land out or putting it.in. The problem that arose
when we tried to work with that was that people never knew for
sure what they could do with their land. Director Keating stated
that staff will certainly look into the Palm Beach concept since
we are Looking at a lot of different things with the new Comp
Plan. One of the things we are trying to determine is how much
commercial and industrial land is needed to serve a certain
increment of population, and it is really difficult to pin down
some numbers and percentages there since there are not a lot of
good models out there.
Commissioner Bird did not mind us taking a look at the Palm
Beach concept, but did not want to pin it down so tight that you
would eliminate competition on property. He also felt we don't
want to force development to occur prematurely just because they
are about to lose their zoning.
Commissioner Eggert pointed out that under the new Comp Plan
we have the provide services before development can occur.
Commissioner Bowman wanted to explore the idea, but worried
about the commercial/industrial node being geared to the
population. She felt that it is very important to reserve a very
large piece for commercial and industrial development so that in
20 years or so we won't find ourselves boxed in by residential.
Chairman Scurlock opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There were none.
Tu
AUG 16199 Booz 444
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Ordinance 88-31, establishing boundaries for the 795
acre commercial/industrial node at 1-95 6 SR -60.
ORDINANCE NO. 88- 31
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
ESTABLISHING BOUNDARIES FOR THE 795 ACRE
COMMERCIAL/ INDUSTRIAL NODE LOCATED AT THE INTERSECTION
OF I-95 & S.R. 60 AS GENERALLY DESCRIBED IN THE TEXT OF
THE LAND USE ELEMENT'] ND DEPICTED ON THE LAND USE MAP
OF THE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE
PLAN, AND AS ILLUSTRATED IN THE OFFICAL ZONING ATLAS OF
FLORIDA;INDIAN RIVER COUNTY, FOR THE
BOUNDARY MAP OF THE NODE AND EFFECTIVE DATE.
WHEREAS, The Board of County Commissioners, of Indian River
County, Florida have amended the county's Comprehensive Plan to
provide for establishing boundaries for every commercial,
commercial/industrial, .-industrial, tourist/commercial, and
hospital/commercial.-node; and
WHEREAS, The Planning and Zoning Commission has held a
public hearing and subsequently made a recommendation to
establish boundaries for this node; and,
WHEREAS, The Board of County Commissioners has held a public
gearing on these proposed boundaries at which parties in interest
and citizens had an opportunity to be heard; and,
WHEREAS, The Board of County Commissioners is empowered to
adopt these boundaries to assist in the implementation of the
County's Comprehensive Plan;
NOW, THEREFORE, BE' IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION .1
The attached map labeled as "Attachment A" and the
boundaries as depicted in the offical County Zoning Atlas of
Indian River County, Florida, shall be the official boundaries of
the 795 acre Commercial/Industrial Node located at the
intersection of I-95 and S.R. 60.
SECTION 2
Ordinance No. 87-25 which established the boundaries for the
640 acre commercial/ industrial node located at the intersection
of I-95 and State Road 60 is hereby replaced in its entirety.
15
,AUG 16 1998 Bm� 7 ,',, 445
J
a
ORDINANCE NO. 88- 31
SECTION 3
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that. this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on the 16th day of August
1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN•RIVER COUNTY
BY G "if'. - 404611
Don C. Scurl ck, Jr., i firman
ATTEST BY:
FREDA RI HT, C c
S.R. 60 / 1=95
Commercial/ Industrial Node
U1
H
� .,..d.. ._ • �.._.,c*.,;.mesa-wgvt�ac.y
to ! i
F- t
:tot. ST-*.
.__a --- '•r-_-.' _fir,.. - .... .. a+a.._.....ar :.>.rn...w.•._._._. ._..
NODE BOUNDARY (795 Ac.)
ATTACHMENT•A
16
1
1988 BooK. 7' r 6E.446
PUBLIC HEARING - FELLSMERE VOLUNTEER AMBULANCE SERVICE
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:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Reach, Indian River County, Florida
COUNTY OF INDIAN RIVER. STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
am that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter of� 1p�
In the -- —.--- –`yCot.ourwas pub-
lished M $aki newspaper In the Issues ol� �w-Q� `
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•
ry, Florida, lora period of one year next preceding the final publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, Ilrm
or corporation any discount. rebate. commission or refund for the purpose of securing this
advertisement for publication In the said aper. G ���n,. ��1
Sworn to and subscribed before me this _7
_ e day pa1]�Lltsa— A.D. –IM—.l._ ,
(/ ' 18u Im d4 Manag9r)'
r,.�Sn /
(Clerk of the Clrcu t rt. ' 0V4 Ida)_
(BEAU
PUBLIC NOTICE
On Tuesday, August 19, 1989, at 9,.05 A.M., the
Board of County Commissioners of Indian River
County, Florida, will meet in the County Adminie-
FL, Butldirtg at 1840 25th Street, Vero Beach,
FL. to fxnstder the renewal of an application of
Fellsmere Volunt"r Ambulance Service for a
Certificate of Public Convenience and Necessity
for EMS/BLS transport service. In the North
County area.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed- -
inge is made, which Includes testimony and evi-
dence upon which the appeal is based.
August 9, ION.
EMS Director Doug Wright presented the recommendation for
k
approval with the conditions as outlined in the following memo
dated 7/27/88:
----<-------------------------------------------------------------
TO Charles Balczun DATE: July27-1988 FILE
County Administrator
SUBJECT: Application for Renewal of
Fellsmere Vol. Ambulance
Service (includes Sebastian
Div.) Certificate of Public
Convenience and Necessity
for EMS BLS Service
FROM: Doug Wright REFERENCES: Indian River County
EMS -Director Ordinance 87-66
----------------------------------------------------------------------
DESCRIPTION AND CONDITIONS
The Fellsmere Volunteer Ambulance Service was formed in 1985 and has
been operating continuously since the initial Certificate of Public
Convenience and Necessity was issued. The service continued to oper-
ate and service the assigned Fellsmere area until May 2, 1988, when
the Sebastian Volunteer Ambulance Squad Board of Directors voted unan-
imously to dissolve itself out of an abundance of concern relating to
an inability to provide a level of service commensurate with require -
17
Boos 73 447
� � r
ments of the existing Certificate of Public Convenience and Necessity.
The Sebastian Volunteer Ambulance Squad Board of Directors did indi-
cate that the EMS BLS service in the North County area should remain
in a volunteer status if at all possible.
Since the Board of Directors dissolved itself and on the advice of the
County Attorney, the EMS Director appointed the Fellsmere Volunteer
Ambulance Service to provide EMS BLS service to the Sebastian area
until the Indian River County Board of County Commissioners could meet
and take formal action at the scheduled meeting of May 3, 1988. The
Fellsmere Volunteer Ambulance Service agreed to provide the service
pending action by the County Commission the following day.
On May 3, 1988, the Indian River County Board of County Commissioners
took the following actions:
1. Approved the action taken by the EMS Director on an emergency
basis appointing the Fellsmere Volunteer Ambulance Service to
assume responsibility for BLS service to the area formerly
provided by the Sebastian Volunteer Ambulance Squad.
2. Approved the balance of the funds due the former Sebastian
Volunteer Ambulance Squad to be paid to the Fellsmere
Volunteer Ambulance Service in a lump sum to assist with
interim operating costs.
3. Approved an amendment to the existing Fellsmere Volunteer
Ambulance Service Certificate of Public Convenience and
Necessity to include the area formerly covered by the
Sebastian Squad.
4. Approved a request by the Sebastian Volunteer Ambulance Squad
.to withdraw its request for renewal of the Certificate of
Public Convenience and Necessity.
The Fellsmere Volunteer Ambulance Service submitted an application for
renewal of its Certificates of Public Convenience and Necessity to
continue to provide EMS BLS service North County consisting of both
the. Fellsmere and Sebastian service area on July 5, 1988..- Per
Indian River County Ordinance #87-66, an investigation has been
conducted and the results are reflected in this report.
As of July 25, 1988, Fellsmere had completed .a total of 344 runs from
that location. Since Fellsmere began providing service in the
Sebastian area, a total of -216 runs have been made. Including runs
made by the Sebastian Squad prior to dissolution, a total of 621 have
been made this year by this service location.
Staffing has continued to be a problem for the Fellsmere and Sebastian
locations, however, Squad Chief Rosemary Cavanaugh has continued to
make every effort to mitigate personnel shortages. A review of
staffing and coverage for the Sebastian location immediately prior to
and since May 3, 1988, reflects the following: -
WEEK SHIFTS COVERED PERCENTAGE
April 24-30 (Includes May 1-2)
May 3-7
May 8-14
May 15-21
May 22-28
May 29 - June 4
June 5-11
June 12-18
June 19-25
June 26 - July 2
July 3-9
July 10-16
July 17-23
July 24-30
�•s
6
of
28
21%
13
of
28
46%
21
of
28
75%
21
of
28
75%
21
of
28
75%
21
of
28
75%
21
of
28
75%
21
of
28
75%
22
of
28
78%
24
of
28
85%
25
of
28
89%
26
of
28
92%
26
of
28
92%
26
of
28
92%
18
BOOK 73 v,,,'..448
It should be noted that the additional responsibility for Sebastian
has been accomplished without the Fellsmere Division being adversely
affected.
Although the schedules reflect that the shifts were scheduled to be
covered as referenced above, there were shifts in which individ-
uals failed to appear for duty for various reasons. When this
occurred, efforts were made to locate an individual to pull the duty.
On some occasions individuals could not be located and the Sebastian
area would be covered by the Fellsmere Volunteer Ambulance Service
from Fellsmere as was approved by the Emergency Services Coordinating
Committee -on an interim basis until staffing could be improved.
The fleet currently being utilized at the Sebastian Volunteer Ambu-
lance Service is in need of improvement and steps are being taken to
correct this deficiency. Arrangements have been made with the
Town of Indian River Shores to purchase a 1980 Chevrolet modular type
ambulance with very low mileage which should be delivered prior to
August 1, 1988 to Fellsmere. Currently, the two vehicles being
utilized have high mileage and maintenance costs are extreme. This
problem was externally created due to the.fact that the former
Sebastian Volunteer Ambulance Squad Board of Directors had to sell a
relatively new modular unit being utilized by Sebastian since May 3,
1988, to satisfy a lien on the vehicle. A grant application for
matching funds from HRS has also been submitted to acquire an
additional vehicle for use by the service;
The financial status of the Fellsmere Volunteer Ambulance Service,
which includes the Sebastian Division appears to be solvent. The
Finance Director has actively sought and obtained substantial funding
since the additional responsibility for the Sebastian service was
assumed. Copies of the Treasurer's Report for both divisions as of
June 30, 1988 are attached and made a part of this report.
The Fellsmere Volunteer Ambulance Service is insured through the firm
of Burke, Bogart & Brownell, Inc., and is adequately insured under
policy number UL61050739A. A copy of the insurance policy is avail-
able for review in the Department of Emergency Management Services.
ALTERNATIVES AND ANALYSIS
Dr. Tom Moore, EMS Medical Director has expressed concern that the
coverage at the Sebastian location was falling below the standard for
quality assurance. He felt that this would result in a deterioration
in -the quality of care. He felt it was important for the staffing
problems to be resolved in a timely manner. He also described the
hospitals' willingness to provide funds to hire EMT's to fill the gaps
in shifts not fully staffed.
The other EMS BLS providers in the County recommended renewal of the
Certificate of Public Convenience and Necessity for Fellsmere to con-
tinue.service in the North County area. They viewed the service as a
vital and necessary part of the overall EMS operation in the County.
Improvement in the operation of the North County EMS service was
alluded to by the service providers.
As referenced above, the issue of adequate staffing continues to
dominate as the major concern in the short and long term for both
divisions of the volunteer service. Additional requirements for EMT
certification mandated by HRS and in-service training have prompted
some EMT's to allow their certificates to lapse. The volunteer squads
continue to actively recruit new personnel for training and pay the
tuition for those who will commit to the in-depth training.
The Fellsmere Volunteer Ambulance Squad does not anticipate that they
will be able to staff the total twenty-eight shifts at the Sebastian
Division in the immediate future. Currently, staff utilized at the
Fellsmere location pull a significant amount of the shifts at the
AUG 16 1988
19 BOOK 73 t' , 449
L
Sebastian location. Squad Chief Rosemary Cavanaugh not only manages
both divisions but pulls many shifts at each of the service locations.
For some reason, and there are many that are stated whether factually
or not, only a small percentage of the Sebastian area populace has
come forward to volunteer their time and talents to the EMS service.
Hopefully, this will change as the citizens observe that the leader-
ship does not intend to permit a reoccurrence of some of the past
events that resulted in negative publicity for the service.
In terms of anticipated additionai_staff,-..three individuals have com-
pleted the required EMT training -and will take the state exam on
.:uly 29, 1988. -`Four other persons have just successfully completed
.he EMT training in the crash course and will take the state exam in
August with results expected in September. There also exists the
potential of twelve students for the planned August EMT class.
While the numbers look good, it is difficult to anticipate as to how
many of these individuals will actually commit to staffing a shift and
how many will be able to complete the classes and pass the state board
for certification. The effort put forth in this endeavor to improve
staffing should not go unnoticed and reflects a genuine interest in
the leadership to succeed in providing adequate staffing one hundred
percent of the time.
It appears that the alternatives available to the Indian River County
Board of County Commissioners are as follows:
1. Renew the Certificate of Public Convenience and Necessity
for the Fellsmere Volunteer Ambulance Service and allow the
Fellsmere and Sebastian Divisions to continue to provide EMS
BLS service to the North County area.
2. Deny the request for renewal and.assign responsibility for
EMS BLS service in the North County area to the South County
Fire District with funding sources to be determined if this
alternative is selected.
3. Deny the request for renewal and assign responsibility for
EMS BLS service in the North County area .to the Indian River.
Memorial Hospital (Trustees/District) with funding sources to
be determined
4. Deny the request for renewal and advertise the proposals for
the private sector to provide EMS BLS service in the North
County area on a fee basis. This alternative would probably
include a stipend from the County to the provider selected.
d
RECOMMENDATION
Staff recommends the first alternative with the renewal predicated on
continued improvement in staffing to attain the stated objective of
providing personnel to crew a BLS vehicle at all times at both North
County locations. It was known up front when Fellsmere took on the
additional responsibility of the Sebastian service that it would take
some time to train additional EMT's and drivers. Substantial
improvement has been made in this regard, however, some parameters
must be set as to the time frame to accomplish this objective. It
will certainly have to be an on-going process since loss of staff must
be anticipated on occasion due to reasons beyond the Squad Chief's
control.
AUG 16 BOB20 BOOK, 73 F4 ,A50
J
Within six months, the level of staffing_and response profile will
be revisited for -this service by the EMS Director with a report to the
emergency Services Coordinating Committee and County Commissioners.
:ere is no reason to believe that the leadership will become com-
placent with current staffing and opt to allow recruitment to stand
dormant. Evaluation should be viewed as a positive approach to
service stability.
The Fellsmere Volunteer Ambulance Service deserves the opportunity to
achieve success'as they have demonstrated an untiring devotion to the
citizens in the North County area to provide EMS service around the
clock on limited resources and staff.
The Indian River County Board of County Commissioners has projected
and budgeted a total of $88,600 to fund all the volunteer ambulance
service organizations in FY 88-89. This is one heck of a bargain to
the taxpayers of this county in that when any individual is in need of
medical attention that can't be provided at the on -scene location,
free ambulance transportation is available for them to the hospital of
their choice.
Commissioner Eggert felt that the Fellsmere squad has done a
magnificent job of pulling this together, but was concerned about
the load that Rosemary Cavanaugh is carrying. They do have EMTs
being trained and hopefully those trainees will find a place in
there. She believed that everyone is working well together,
which is a big plus, and that Doug Wright has done a marvelous
job.
Duncan Chalmers, speaking on behalf of the Fellsmere squad,
advised that the Sebastian situation is actually better than what
is in front of the Board today. From a personnel viewpoint, they
now have 87 people, and have added an ambulance as of last
Friday. The best news is that the Sebastian station, for the
first time in a long time, is scheduled to be manned 100% this
week.
Acting Administrator Collins understood that the
recommendation is to renew the certificate for 2 years, and in 6
months the Board will receive another report on the staffing
situation.
21
BOOK 73 uf),F 451
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the issuance of a Certificate of Public Convenience and
Necessity for EMS BLS Service to Fellsmere Volunteer
Ambulance Service, with the conditions as set out in
the above staff recommendation.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Fellsmere Volunteer Ambulance Service .
WHEREAS, the (Fellsmere & Sebastian Division) has requested authorization to provide
BLS/ALS 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.) and rules (Chapter 1OD-66, F.A.C.),
and Indian River County Ordinance No. 87-66.
THEREFORE, the Board of County Commissioners of Indian R1Ver County hereby issues a
certificate of Public Convenience and Necessity to said Company to provide B R/ TS Tr n.%=
services with limitations as prescribed on this certificate. (BLS,ALS-transport
ALS non -transport)
In issuing this^certificate, the governing body of Indian River .County has considered
recommendations of affected municipalities.
Date Issued August 16, 1988 Date of expiration August IS, 1990 ?
(Unless certificate is sooner revoked or
suspended)
Limitation Primary response area designated as Hobart Road east to the Indian River, north
along t11e
22
BOOK. 73 P,;F. 452
FINAL PLAT APPROVAL FOR PETERSON COUNTRY ESTATES UNIT 1
SUBDIVISION
The Board reviewed the following memo dated 7129188:
TO:Charles P. Balczun DATE:July 29, 1988 FILE:
County Administrator
DIVISION HEAD -CONCURRENCE:
q� SUBJECT: FINAL PLAT APPROVAL FOR
Ro ert 'M."Keating AICP PETERSON COUNTRY ESTATES
Community Develop ent Dqrector UNIT 1 SUBDIVISION
THROUGH: Stan Boling
Chief, Current Development
FROM: Robert E. wie ers REFERENCES:
g peterson estates
Staff Planner BWIEG
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 16, 1988.
DESCRIPTION AND CONDITIONS:
Peterson Country Estates Unit 1 Subdivision is a 3 lot subdivision
of a ±1.0 acre parcel located to.•the east of 8th Avenue and south
of 2nd Street. Unit 1 constitutes the first phase of a two-phase
±2.1 acre project comprised of a total of 7 lots. At its regular
meeting of September 10, 1987, the Planning and Zoning Commission
granted preliminary plat approval to the subdivision.-- The owner,
Mr. Kevin Hawkins, is now requesting final plat approval for this
phase of the subdivision and has submitted:
1. a final plat in conformance with the approved
preliminary plat; _
2. a =warranty maintenance L agreement covering publically
dedicated improvements (sidewalks, drainage easements,
etc); and
3. a cash deposit and escrow agreement guaranteeing the
warranty maintenance agreement.
ANALYSIS:
All required improvements have been constructed, and have been
inspected and approved by the Public Works and Utilities
Departments. The County Attorney's office has inspected and
approved the isubmitted warranty maintenance agreement and cash
escrow agreement. All requirements for final plat approval have
been satisfied.
'RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Peterson Country Estates Unit 1 Subdivision
and accept the submitted warranty maintenance agreement and cash
escrow agreement.
AUG 16 19 23 BOOK 73 453
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously granted
final plat approval to Peterson Country Estates Unit 1
Subdivision and accepted the submitted warranty
maintenance agreement and cash escrow agreement, as
recommended by staff.
COPIES OF WARRANTY MAINTENANCE AGREEMENT AND CASH ESCROW
AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
GLENN DAMON'S REQUEST FOR SITE PLAN EXTENSION
The Board reviewed the following memo dated 8/2/88:
TO:Charles P. Balczun DATE:August 2, 1988 FILE:
County Administration
DIVISION HEAD CONCURRENCE:
6"1GLENN DAMON'S REQUEST
Robert- M. Keatin , AIC P SUBJECT: FOR SITE PLAN EXTENSION
Community Development rector TM #88-1190
THROUGH: Stan Boling A'6.
Chief, Ctirrent Development
FROM. Robert E. wiegers�liW REFERENCES. desmon
Staff Planner BWIEG
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 16, 1988.
DESCRIPTION AND CONDITIONS:
On September 24, 1987, the Planning and Zoning Commission approved
a minor site plan application submitted by Glenn Damon. Approval
was given to construct a 3,204 sq. ft. warehouse with associated
site improvements at 815 10th Court S.W.
Due to health constraints, Mr. Damon has been unable to commence
construction prior to the expiration of the approved site plan.
However, if no construction has begun by September 24, 1988, the
site plan approval will lapse unless otherwise extended by the
Board of County Commissioners. This petition was received by the
Community Development department prior to the expiration of the
approved plan;- as required by site plan ordinance.
No regulations have changed since the time of site plan approval
that would affect the approved plans.
AUG 16 1988 2� BOOK 73 454
Pursuant to the provisions of Section 23.2(G)(2), Appendix A of
the Zoning Code, Mr. Damon is requesting a full 1 year extension
of the approved site plan. It has been the policy of the Board to
grant extensions to projects which conform to current codes.
RECOMMENDATION:
Staff recommends approval of Mr. Damon's request for a one year
extension of the approved site plan; the new expiration date to be
September 24, 1989.
'Chairman Scurlock understood that our policy has not changed
with regard to granting more than one 1 -year extension, and
Robert Keating, Director of Planning & Development, confirmed
that our policy has not changed.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously approved
Glenn Damon's request for a one-year extension of the
approved site plan, the new expiration date to be
September 24, 1989.
WASHINGTON PARK IMPROVEMENTS IN FELLSMERE _ NORTH COUNTY
RECREATION PROJECT
The Board reviewed the following memo dated 8/8/88:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.
Public Works Directo
SUBJECT: Washington Park Improvements in Fellsmere -
North County Recreation Project
DATE: August 8, 1988
DESCRIPTION AND CONDITIONS
Last month, staff requested authorization to negotiate with a
local contractor to construct basketball court improvements at
Washington Park after unsuccessfully bidding the project. Staff
has negotiated with Fersch Masonry, Inc. to perform the work for
$2,486.25.
RECOMMENDATION AND FUNDING
Staff recommends authorizing Fersch Masonry, Inc. to perform the
work at a cost of $2,486:25. Funding to be from North County
Recreation Fund 004-108-572-066.39
OK. 6 c � � ����'. `.�5
C
�iUG 1 �9�BO
r
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously authorized
Fersch Masonry, Inc. to perform the work at a cost of
$2,486.25, as recommended by staff.
Prinnin tl Page No. of Pages
FERSCH MASONRY, INC.
P.O. Box 974
VERO BEACH, FLORIDA 32961
(305) 567-9184
PROPOSAL SUBMITTED TO
PHONE
DATE
July 25, 1988
Indian River County
STREET
JOB NAME
Public Work Division
Washington Park_
CITY, STATE AND ZIP CODE
Jim Davis
JOB LOCATION
Fellsmere, Florida
ARCHITECT
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
r'
Labor and materials to form, grade, pour and install
#3 rebar as noted on plans.
Concrete and rebar work only.
.....................
Cost: $2,486.25
...... ............_
..:........................................................................
............._ _.............
_.
__.
]PB Fropoor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
Two thousand four hundred eighty six and 25/100 dollars ($ 2486.25
Payment to be made as follows.
100 due and payable upon completion of job.
All material Is guaranteed to be as specified. All work to be completed In a workmanlike Authorized
according to standard practices. Any alteration or deviation from above specilica
manner Signsture
tions involving extra costs will be executed only upon written orders• and will become an
extra charge over and above the estimate. All agreements contingerdimon strikes, accidents Note' This proposal may be
t
or delays Wand our.control. Owner to carry fire, tornado and other necessary insurance. 30
Withdrawn b if not accepted Within
Our workers are fully covered by Workmen's Compensation Insurance. Y P days.
Arreptaurr of 11roviotout —The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance:
August 16, 1988 Signature
G.16 1988 26 Booty 73 r,A,Ij 4561
R
A
WABASSO DREDGING CONTRACT
The Board reviewed the following memo dated 8/8/88:
------------------------------------------------------------
TO: Charles P. Balczun
County Administrator 11-4-8- 41fl 11
THROUGH: James W. Davis, P.E. Oh
Pub ' cWork ector N AUG I f,8
-31
FROM:: a� N Brescia, P.E. RECEIy , mm
County Engineer �, BOARD COUN7y
&.� COMMISSIOnERS
SUBJECT: Wabasso Dredging Contract r,��_
DATE: August 8, 1988-
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
Bids were received on August 3, 1988 for the dredging of the
Wabasso Relief Bridges.
Five Companies submitted bids as follows: Aztec Development,
B.K. Marine Construction, Inc., Environmental Service, R.H.
Dickerman, and R.O. Contracting Co.
The low bid of $34,500.00 was submitted by B.K. Marine
Construction, Inc. of Vero Beach.
A discussion with Mr. Richard M. Rettstadt, General Manager
of B.K. Marine indicated that all items were properly addressed.
RECOMMENDATION AND FUNDING
It is staff's recommendation that the contract documents be
processed to award B.K. Marine Construction, Inc. to dredge the
Wabasso Relief Bridges. -
Funding will be from Parks Account #001-210-572. It should
be noted that 50% of the contract amount will be reimbursed by
the Florida Inland Navigation District.
Commissioner Bowman believed that all the work had been done
because of all the sand that was piled up, and Public Works
Director Jim Davis explained that was some preliminary work that
was done by Road 8 Bridge to get ready for the contract.
Chairman Scurlock asked the status of the dredging of the
14th Street canal, and Director Davis advised that we are
proceeding to get all the permits.
Commissioner Wheeler questioned the wide spread in the bids,
and County Engineer Ralph Brescia explained that this was not
standard. What happened in this case is that Road & Bridge did a
A
significant amount of excavation work and some of these contractors
AUG 16 1988 27 BOOK 70 F,,�u 457
bid this job without looking at it and were not aware that we had
done all the excavation. He advised that the low bidder is a
local firm and is very comfortable -with the price.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation as set out in the above memo.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
EaARD OF COUNTY COMMISSIONERS
1.840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO. I DATE OF OPENING
457 July 20, 1988
BID TITLE
. WABASSO CAUSEWAY DREDGING
IITENOM DESCRIPTION '['UNIT PRICEI UNIT PRICE/ UNIT PRICE/ UNIT PRICEI UNIT PRICE I UNIT PF11
APPROVAL OF FY 88-89 RADIOLOGICAL EMERGENCY PREPAREDNESS
AGREEMENT (FP&L CONTRACT)
The Board reviewed the following memo dated 8/21/88:
TO Charles Balczun DATE: August 21, 1988 FILE:
County Administrator
SUBJECT: Agenda Item - Approval
of FY 88-89 Radiological
Emergency Preparedness
Agreement (FP&L Contract)
FROM: Doug Wright , Director REFERENCES:
Emergency Management Services
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at its
next regular scheduled meeting.
A U G 16 1988 28 Boor 73 F-,�Iu 458
DESCRIPTION AND CONDITIONS
Each- year the Indian River County Emergency Management Services
Director, Florida Power and Light representatives, and the Florida
Department of Community Affairs negotiate the Radiological Emergency
Preparedness Agreement. The agreement is predicated on respons-
ibilities defined by the US Nuclear Regulatory Commission in Rule
10 CFR Parts 50 and 70, and NUREG 0654, FEMA -REP -1, Revision 1.
During the referenced negotiations on June 22, 1988, an agreement
was reached wherein Indian River County will receive $34,929 in
funds to enable the County to carry out its responsibilities as
provided in the above referenced authorities..
ALTERNATIVES AND ANALYSIS
The agreement binds the County to participation in the following
radiological emergency planning and preparedness activities:
1. Maintenance of local radiological emergency plans
and implementing procedures;
2. The requisite personnel will complete required radio-
logical emergency training;
3. Participate as is required in exercises and evaluation
of exercises;
4. Continued and further radiological emergency planning
as required by the above regulations and "Florida's
_Radiological Emergency Management Plan for Nuclear Power
Plants".
The activities required have been on-going for several years.
Also 'included in this budget year is fifteen percent (150) of
the total salary and benefits of the Emergency Management Services
Director, Deputy Director (new position) and the Senior Secretary
position. The sum negotiated this year represents an increase
of $1,841 over the previous year'..
RECOMMENDATION
Staff recommends approval of the FY 88-89 Radiological Emergency
Preparedness Agreement and requests the Board of County Commission-
ers authorize the Chairman to execute the appropriate documents
to secure the funding of $34,929 as proposed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the FY 88-89 Radiological Emergency
Preparedness Agreement and authorized the
Chairman to execute the appropriate documents
to secure the funding of $34,929 as proposed.
COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
29
AUG 16 1988 Roos 73 r �, X59
RESOLUTIONS REGARDING WATER SYSTEM_ IMPROVEMENTS- U.S_#1 SOUTH OF
OSLO ROAD
The Board reviewed the following memo dated 8/3/88:
DATE: AUGUST 3, 1988
TO: BOARD OF COUNTY COMMIS ONERS
THRU: TERRANCE G. PINTO
•DIRECTOR OF UTILITY SERVIC S
FROM: JACK PEARCV/?'
COORDINATO OF SPECIAL PROJECTS
DEPARTMENT OF UTILITY SERVICES
SUBJECT: U.S #1 SOUTH OF OSLO ROAD
WATER SYSTEM IMPROVEMENTS
PROJECT NUMBER UW87-03-DS
BACKGROUND
The subject Water System Installation Project is ready for the
approval of the Preliminary Assessment Roll and Project Construction.
ANALYSIS
Resolutions Number 1 and 2, establishing assessment criteria, and
setting up the Public Hearing date, are both enclosed. Total
..estimated assessed cost is $96,328.74 and this cost has been
distributed among the parcel owners on the basis of parcel_ square
footage. A summary of the derivation of project costs is included
in the package.
RECOMMENDATION
We recommend approval of the Preliminary Assessment Roll and
assignment of the Public Hearing date.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously adopted,
Resolution 88-49, providing for the assessment for
potable water main on the west side of U.S. #1 south of
Oslo Road designated as project UW87-03DS, etc.
The Commissioners agreed that a public hearing would be
scheduled for three weeks from today, September 6, 1988, in the
Commission Chambers.
30
AUG
`1i�' 460A � � 1 a
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 88-50, setting a time and place at which the
owners of property on the west side of U.S. #1 south of
Oslo Road designated as Project UW87-03-DS and other
persons interested therein may appear before the Board
and be heard.
RESOLUTION NO. 88- 49
A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR
THE ASSESSMENT FOR POTABLE WATER MAIN ON THE WEST
SIDE OF U.S. NO. 1 SOUTH OF OSLO ROAD DESIGNATED
AS PROJECT UW87-03-DS AND OTHER CONSTRUCTION
NECESSITATED BY SUCH PROJECT; PROVIDING FOR THE
DEFRAYING OF THE EXPENSES THERETO BY SPECIAL
ASSESSMENT: PROVIDING THE MANNER AND TIME WHEN
SAID ASSESSMENTS SHALL BE PAID, DESIGNATING THE
LANDS UPON WHICH SUCH SPECIAL ASSESSMENTS SHALL BE
LEVIED, AND ESTIMATING THE TOTAL COST OF THE
PROJECT.
WHEREAS, the Board of County Coomissloners of Indian
River County does hereby determine that the assessments for
the property located with boundaries as described in this
title, designated as Project No. UW87-03-DS, are necessary
to promote the public welfare of the county; and
WHEREAS, the expense thereof shall be defrayed by
special assessments;`
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that an 8 -inch
water main shall be installed approximately 3,750 feet,
through the designated portions of the above-described
area, as shown on attached Exhibit "A," and that the
project shall be constructed in' accordance with the
provisions of 411-42 through 411-47, of the Code of Laws and
Ordinances of Indian River County.
2. That the total estimated cost of the
above-described Improvements is shown to be $96,328.74 of
which 100% is to be paid by property specially benefited.
3. That the'estimated special assessment sum shall be
assessed against and paid by all lots and lands adjoining
and contiguous or bounding and abutting upon the
Improvements or specially benefited thereby and further
designated by the assessment plat with respect to the
special assessments, by the following method:
a. Square foot of the given parcels basis (each
parcel's total square footage divided by the total project
area times the estimated cost)
b. The respective assessments shall be due and
payable in full within 90 days after the completion and
31
BOOK
acceptance of the improvements without any payment of
Interest. If not paid in full, this assessment may be paid
in five (5) equal yearly Installments, plus accrued
interest, to which, if not paid when due, there shall be
added a penalty of 11% of the unpaid principal. The unpaid
balance of the assessment shall bear interest at a rate of
12% from the due date until paid.
4. That at the time of the adoption of this resolution
there is on file with the Clerk to the Board a plat showing
the area to be assessed. Plans and specifications and an
estimate of the cost of the proposed improvements, as herein
specified, open to inspection by the public at the Office of
the Indian River County Department of Utility Services.
5. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution to be published at least one time In the Vero
Beach Press Journal before the public hearing required by
411-46.
The resolution was moved for adoption by Commissioner
Wheeler and the motion was seconded by Commissioner
Eggert and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Ay
Vice-Chalrman Gary C. Wheeler Aye
Commissioner Richard N. Bird e
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 16th day of August 1988.
BOARD OF COUNTY CDWISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By ur oc ,
Chairman
RESOLUTION NO. 88- 50
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY ON THE
WEST SIDE U.S. NO. SOUTHDESIGNATED ASF PROJECT UW87 -03 DSS ANDOOTHERLPERSONS
INTERESTED THEREIN MAY APPEAR BEFORE THE BOARD OF
COUNTY COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY IMPROVEMENTS, AS TOV THLITY E I COST THEREOFOF , TO SUCHTO
MANNER OF PAYMENT THEREFOR)j,AND AS TO THE AMOUNT
THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO
IMPROVED.
WHEREAS, the Board of County Commissioners of Indian
River County has by Resolution No. 88-49 determined that
it is necessary for the public welfare of the citizens of
the county, and particularly as to those living, working,
and owning property within the area described hereafter,
that an eight -inch water main shall be installed
approximately' 3,750 feet, through the defined portions of
the above-descrlbed area, as shown on attached Exhibit "A"
and designated as Project No. UW87-03-DS, shall be done;
32
AUG 1988Boor Tj �� JF 462
Tel
WHEREAS, it has been determined that the cost to be
assessed shall be $96,382.74;
WHEREAS, the Board of County Commissioners has caused
an assessment roll to, be completed.and filed in the office
of the Clerk to t0he Board; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the property to be assessed or
any other persons Interested therein may appear before the
Board of County -Commissioners and 'be heard as to the
propriety and advisability of making such Improvements, as
to the cost thereof, as to the manner of payment therefor,
and as to the amount thereof to be assessed against each
property so Improved;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMiAISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County
Commission chambers In the County Administration Building at
the hour of 9:05,A.M. on September 6, 1988 , at which
time the owners of the property to be assessed and any other
persons Interested therein may appear before said Commission
and be heard in regard thereto, and that the area to be
Improved and the property to be specially benefited by the
construction of said Improvements Is more. particularly
described upon the assessment plat and assessment roll,
which delineate the same, which map and assessment roll are
attached hereto as Exhibits "A" and "B," and as such made a
part hereof.
2. That all persons Interested in the construction of
said Improvements and the assessments against the property
to be specially benefited are advised that the description
of'each property to be assessed and the amount to be
assessed against each piece of parcel of property may be
ascertained at no cost at the office of the Clerk to the
Board any week day from 8:30 A.M. until 5:00 P.M.
3. Notice of time and place of this public hearing
shall be given by two publications In the Press Journal
Newspaper. The last publication shall be at least one week
prior to the date of the hearing. The Indian River County
Utilities Services Department shall give each property owner
at least ten days notice in writing of such time and place,
which shall be served by mailing a copy of such notice to
each of such property owners at his last known address.
33
BOOK
P
0
73 r,�UF 463
The resolution was moved for adoption by Commissioner
WHeeler , and the motion was seconded by Commissioner
Eggertand, upbn being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler Aye
CommAye
issioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert
The Chairman thereupon declared the resolution duly
passed and adopted this 16tbay of August , 1988.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY. FLORIDA
Attest By Don `• cur occ 7
Chairman
�t Approved ate
Ce a r tZ� k Admlrt
2, n Legel G•
. V , 6un.•e1 � y t3'
ASSISTANT GOLF PROFESSIONAL
The Board reviewed the following memo dated 8/3/88:
TO: Members of the Board of DATE: August 3, 1988 FILE.-
County
ILE:County Commissioners
SUBJECT: Assistant Golf Professional
�Ikl.
FROM: L
REFERENCES:
Bob Komarinet
Director of Gb.
DESCRIPTION AND CONDITIONS
I would like to combine two present part-time budgeted positions, Pro
Shop Relief and Cart Relief, and in turn create a full time position
and title it ASSISTANT GOLF PROFESSIONAL. This person will cover these
positions. This position will also help the operation run more efficently.
The net increase from part-time to full-time will be $2504.64 annually.
RECOMMENDATIONS
Staff recamiends the approval on this new position.
AUG 16 1988 34 Bov 73 F',mu.464
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
a new position of Assistant Golf Professional, as
recommended by staff.
REMOVAL OF TOWER AT OLD JAIL SITE
The Board reviewed the following memo dated 8/15/88:
TO:
Bill Collins DATE: August 15, 1988 FILE:
Acting County Administrator
SUBJECT: Agenda Item - Approval of
Tower Removal at Old Jail
Site
FROM: Doug Wright, Director REFERENCES:
Emergency Management Services
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at the
next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
--- The City of Vero Beach is requesting removal of two existing com-
munication tower structures at the old jail site. One tower struc-
ture located adjacent to the old work release facility was damaged
by Hurricane David and is virtually worthless. The tower height
is 40 feet, which has not been maintained due to storm damage.
The second tower the City of Vero Beach is requesting to be removed
is located adjacent to the old jail facility. The antenna devices
in use on this tower have been removed and placed on a third tower
which will be left erected on the recently conveyed property.
The second tower to be removed is standing at a height of 155
feet and has little, if any value to the County. *Bob Sweat of
Universal Tower Company of Oveido, Florida, has agreed to remove
the two tower structures free of charge if the County will agree
to give him the old tower structures being removed.
ALTERNATIVES AND ANALYSIS
The two tower structures are badly corroded and rusted. Painting
and preventive maintenance on the 155 foot tower has not been
routinely accomplished. The 40 foot tower has been damaged and
some sections were twisted and bent in the fury of Hurricane David.
The fee for removing the towers is estimated to be in the range
of $750 according to the tower company.
It does not appear feasible to pay to have the towers removed with
the expectation of erecting the structures elsewhere. Due to cor-
rosion and rust, preparing the structures to be erected at another
.AUG 16 1988 35 noK 73 465
location would be cost prohibitive and suspect as to the integrity
of the metal after being subjected to substantial stress through
windloading over a long period of time. The value of the tower
sections to the tower company would be resale of sections of the
structures to other customers for very low level antenna structures
(40-50 feet) where stress would be minimum to the used equipment.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
verbal offer from Universal -Tower Company to remove the two exist-
ing tower structures the City of Vero Beach wants removed at no
cost to the County with the understanding the Company receives
the old used tower structures and removes them from the site.
Insurance coverage for the Company will be verified if approval
is granted.
Doug Wright, Director of Emergency Management Services,
explained that he requested this matter to be added to the Agenda
today because the City of Vero Beach is becoming rather impatient
with us about getting the towers removed at the old jail site.
There is a tower company in town that we have done business with
before, and in fact, has the maintenance contract for the
Kiwanis-Hobart tower. He didn't think we could beat the price
since the firm wants the old tower structures in Lieu of funds.
If the Board approves, the job can be done within the next two
days.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the removal of the two existing tower structures from
the old jail site by Universal Tower Company at no
cost, in lieu of their receiving the old tower
structures, as recommended by staff.
PURCHASE OF LOTS ADJOINING AND TO THE NORTHEAST OF THE DOWNTOWN
NEW LIBRARY SITE
The Board reviewed the following memo and map dated 8/5/88:
AUG 16 1988 36 Boor 73 r,,Iu 466
TO: .Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: August 5, 1988
RE: PURCHASE OF LOTS ADJOINING AND TO THE
NORTHEAST OF THE DOWNTOWN NEW LIBRARY SITE
Board Meeting - August 16, 1988
Stan Boling and I recently met with the long-range planning
committee of the First Baptist Church of Vero Beach, Inc. to
discuss the joint• use of certain church property to the
north of the main library site as parking space for the
library and the church. After that discussion,-- the County
broached the subject of what the Church was going to do with
Lots 12, 13, and 14, Block 36, which are adjacent to the new
library site on the eastern side. (That property: now
contains an older pink wooden building which is riddled with
termites, and a two-story—concrete structure which is in
good condition.) - The -Church committee indicated that it
would be disposed to sell that property to the County for
$175,000 for use either as a courthouse site or as
additional parking for the library. The committee also
Indicated that it has had an appraisal showing the land was
worth circa $263,000.
Robert Jackson, attorney for the Church, has written an
offer which the long-range planning committee would
recommend to the full Church board of directors at its
August 21, 1988, meeting. If the County is interested in
acqu i r 1 ng th 1 s property Mr. Bo 1 1 ng and I wou I d be happy to
draw up a formal written contract for presentation to the
Church and the Board of County Commissioners.
This matter is brought before the Board for its direction.
Chairman Scurlock wanted to authorize Commissioner Wheeler,
since he is on the Courthouse Advisory Committee, to begin the
process of not only looking at this and negotiating, but also to
come back with his overall recommendation at an appropriate time
for our new court facilities.
Commissioner Eggert asked if this is something we need to
take an option on so that we don't lose it, and Attorney Vitunac
explained that the initial rush is that it was not budgeted in
next year's budget, and if there is any money available, it would
have to come out of the remaining funds for this year. The
secondary rush is that the church wants to make permanent plans
37
AUG 1988 booK 73 467
for that lot by either using it themselves or having the County
take it over, tear down the building and use it. If we wait too
long we may lose this window of opportunity.
In conjunction with that, Chairman Scurlock wanted to
revisit the possibility of preparing a 5 -year program with the
sales tax as a potential source of funding. He would like to
pursue that and advised that he would be taking that before the
Finance Advisory Committee and coming back to the Board with some
recommendations in terms of how to do it. He felt it should be
up to the Board to decide what priorities should be included in
that package.
Commissioner Eggert pointed out that while this is a
reasonably priced parcel, the problem is that nobody has it in
their budget.
Commissioner Wheeler believed we would be making a mistake
if we did not seriously consider purchasing this property, and
Commissioner Bird did not have a problem with looking at
purchasing additional land in that area assuming that the price
is right.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
authorized Commissioner Wheeler and appropriate
staff to begin negotiations with First Baptist Church
on the property adjacent to the new library site on the
eastern side.
38 BooK 468
AUG 16 1988
L- -.A
r
viv',
DISCUSSION RE FINAL CHECK TO CHARLES BALCZUN
Attorney Vitunac distributed the following copies of 3
letters received from the law firm representing former County
Administrator Charles Balczun in regard to termination of his
employment:
RICHARD H. ADAMS. JR.
ROBERT W. ANTHONY
RICHARD D. CONNOR. JR.
THOMAS W. DICKSON
RUSSELL W. DIVINE
THEODORE D- ESTES
KELTON M. FARRIS
LADD H. FASSETT
KURT E. GROSMAN
SMATHERS, PLY -US, ADAMS, FASSETT & DIVI
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
940 HIGHLAND AVENUE
POST OFFICE BOX 3627
ORLANDO. FLORIDA 02802
(407) 422-8116
TELECOPIER (407) 648-1044
August 5, 1988
Mr. Don C. Scurlock, Jr., Chairman
Board of County Commissioners of
Indian River County FEDERAL EXPRESS
1840 25th Street
Vero Beach, FL 32960
Dear Chairman Scurlock:
This firm represents Charles P. Baiczun.
,-A, 'Wo
�gBB
aC'zo � v
atcI
C�ddll�
NETH Q.,)1WRON. JR.
C -FF
KELLER
ROBERT J. PLEUS. JR.
JAIMIE A. ROSS
BENJAMIN F. SMATHERS
DOUGLAS C. SPEARS
JOYCE R. ADAMS
It is Mr. Balczun's understanding that there is some
discussion that Indian River County is going to wrongfully and
improperly terminate his employment agreement. Under the terms
of his employment agreement, notice to terminate the agreement
must have been given to Mr. Balczun not less than 180 days prior
to September 30, 1988. Since no notice was given to Mr. Balczun
within this period of time, the contract has automatically be
extended for an additional one year period.
It is my understanding that in February, 1988, the County
Commission discussed the possibility of attempting to amend the
notice provisions in Mr. Balczun's employment agreement.
However, such an amendment was never executed or agreed to by
Mr. Balczun. Further, there was no consideration offered for
such an amendment.
Mr. Balczun has requested that all negotiations concerning
his employment occur directly through this firm. Accordingly,
he will not enter into direct discussions with you or other
representatives of the Count•, on this issue except through this
firm. If you have any questions regarding Mr. Balczun's position
or legal interpretation concerning this employment agreement,
please do not hesitate to contact me. I am sending a copy of
this letter to Charles P. Vitunac, a County attorney, so that he
will be fully advised as to our client's position.
LHF:jae
cc: Mr. Charles P. Vitunac
40
Sincerely,
Ladd H. Fasse
Boos 73 470
SMATHERS, PLEUS, ADAMS, FASSETT & DIVINE
PROFESSIONAL ASSOCIATION
Mr. Don C. Scurlock, Jr., Chairman
Board of County Commissioners of
Indian River County
1840 25th Street
Vero Beach, FL 32960
Re: Balczun/Indian River County
Dear Chairman Scurlock:
PETER N. HILL
CHARLES W.KELLER
ROBERT J. PLEUS, JR.
JAI MIE A. ROSS
BENJAMIN F. SMATHERS
DOUGLAS C. SPEARS
CHRISTOPHER T. VERNON
JOYCE R. ADAMS
As you are aware from prior correspondence, this firm
represents Charles P. Balczun.
The purpose of this letter is to formally object to the
action taken by Indian River County in wrongfully and improperly
terminating Charles Balczun's employment agreement. By copy of
this letter, I am notifying Charles P. Vitunac, the Indian River
County attorney, of our client's legal position.
It is Mr. Balczun's position that the contract was
improperly terminated. Since appropriate notice was not given
under the terms of the employment agreement, the employment
agreement remains in effect through September 30, 1989. It is my
understanding that Indian River County has notified Mr. Balczun
that he should immediately stop work. Would you please provide
confirmation as to the County's intentions of continuing payment
as required by the employment contract through the term of the
contract along with additional payments and benefits required by
the contract.
Sincere
Ladd H. Fassett
LHF:jae
CC: Mr. Charles P. Vitunac
41 BOOK 73 `''rE 471
AUG 16 1988
ATTORNEYS AT LAW
940 HIGHLAND AVENUE
POST OFFICE BOX 3627
ORLANDO. FLORIDA 32802
RICHARD H. ADAMS, JR.
TELEPHONE (407) 422-8116
ROBERT W. ANTHONY
RICHARD D. CONNOR,JR.
THOMAS W. DICKSON
TELECOPIER (407) 648-1044
RUSSELL W. DIVINE
THEODORE D. ESTES
LADD H. FASSETT
August 11, 1988
KURT E. GROSMAN
KENNETH D. HERRON, JR.
Mr. Don C. Scurlock, Jr., Chairman
Board of County Commissioners of
Indian River County
1840 25th Street
Vero Beach, FL 32960
Re: Balczun/Indian River County
Dear Chairman Scurlock:
PETER N. HILL
CHARLES W.KELLER
ROBERT J. PLEUS, JR.
JAI MIE A. ROSS
BENJAMIN F. SMATHERS
DOUGLAS C. SPEARS
CHRISTOPHER T. VERNON
JOYCE R. ADAMS
As you are aware from prior correspondence, this firm
represents Charles P. Balczun.
The purpose of this letter is to formally object to the
action taken by Indian River County in wrongfully and improperly
terminating Charles Balczun's employment agreement. By copy of
this letter, I am notifying Charles P. Vitunac, the Indian River
County attorney, of our client's legal position.
It is Mr. Balczun's position that the contract was
improperly terminated. Since appropriate notice was not given
under the terms of the employment agreement, the employment
agreement remains in effect through September 30, 1989. It is my
understanding that Indian River County has notified Mr. Balczun
that he should immediately stop work. Would you please provide
confirmation as to the County's intentions of continuing payment
as required by the employment contract through the term of the
contract along with additional payments and benefits required by
the contract.
Sincere
Ladd H. Fassett
LHF:jae
CC: Mr. Charles P. Vitunac
41 BOOK 73 `''rE 471
AUG 16 1988
SMATHERS, PLEus, ADAMS, FASSETT & DIVINE
PROFESSIONAL ASSOCIATION
RICHARD H. ADAMS, JR.
ROBERT W. ANTHONY
RICHARD D. CONNOR, JR.
THOMAS W. DICKSON
RUSSELL W. DIVINE
THEODORE D. ESTES
LADD H. FASSETT
KURT E. GROSMAN
KENNETH D. HERRON, JR.
Charles P. Vitunac, Esq.
1840 25th SSt.
Vero Beach, FL 32960
ATTORNEYS AT LAW
940 HIGHLAND AVENUE
POST OFFICE BOX 3627
ORLANDO, FLORIDA 32802
TELEPHONE (407) 422-8116
TELECOPIER (407) 648-1044
August 11, 1988
Re: Balczun/Indian River County
Dear Mr. Vitunac:
PETER N. HILL
CHARLES W.KELLER
ROBERT J. PLEUS, JR.
JAIMIE A. ROSS
BENJAMIN F SMATHERS
DOUGLAS C. SPEARS
CHRISTOPHER T. VERNON
JOYCE R. ADAMS
This letter is to confirm our telephone conversation
regarding Mr. Balczun. As we discussed, it is Mr. Balczun's
position that his contract was wrongfully terminated and that he
is entitled to be paid his regular salary plus benefits through
September, 1989, plus additional payments required by the
contract. Please consider this a demand for those payments.
Would you kindly advise me as to the legal position that
Indian River County is going to take in this matter. The purpose
of my telephoning you was to discuss the matter informally with
you and to see if the matter could be resolved without the°
necessity of litigation. During the course of our conversation,
you indicated that you do not have the authority to respond to
settlement negotiations. Accordingly, would you please present
this proposal and advise me of the official position of the
County.
In addition, during our telephone conversation, you
suggested that the County might now try to go back and fire
Mr. Balczun for cause. On behalf of our client, we would object
vehemently to any retroactive action. Obviously, such action
would be extremely harmful and detrimental to our client. The
mere fact that it is being suggested after the fact is an
indication of bad faith. Accordingly, I respectfully request
that the County not take such derogatory action.
If you need any additional information in order to properly
analyze this request, please do not hesitate to contact me. As
stated in my prior letters, Mr. Balczun will not negotiate or
speak directly with anyone from the County regarding this matter.
All communication should be handled through our firm.
Sincerel
Ladd H. Fassett
42
AUG •
�:. 1989
BOOK 73 F-,v)F.472
Attorney Vitunac reported on a meeting held late yesterday
in his offices attended by himself, Assistant County Attorney
Sharon Brennan, Acting County Administrator William Collins and
Alan Polackwich, a local attorney he retained for advice on this
matter. After going over all the possibilities, it was the
consensus of the group that we would be best advised to just go
ahead and offer Mr. Balczun his 90 -days notice pay plus severance
and any accrued vacation, and let him take the next step. If
there is a lawsuit during the affirmative defense stage of the
trial, we could raise the issues of estoppel and his actions
concerning not signing the amendment to the contract. Otherwise,
our other choice is to call him back for a meeting, perhaps next
week, and say that we are proceeding as if he was grossly
derelict in his duties by not getting that amendment signed.
The recommendation of yesterday's meeting is to go ahead and
offer him his money and be done with it. Pay him the 90 -days
money plus his severance pay.
Commissioner Bird asked if that would be in the form of an
immediate payment or would that money be escrowed pending the
outcome of his threatened lawsuit against the County.
Attorney Vitunac advised that it would be a check to his law
firm trust account saying this is the money we believe is due
under his amended contract of 90 days notice.
Commissioner Wheeler asked if that money would be held [n
trust until this is settled, and Attorney Vitunac explained that
would be between Mr. Balczun and his attorney.
Commissioner Bird doubted that his attorney would hold it in
trust unless we make it a stipulation.
Attorney Vitunac felt he probably will get it somehow and
use it to continue the lawsuit or he may quit. He didn't know
what Mr. Balczun is going to do because we are not in communica-
tion with him at all.
L-
43
Boor 73 F., �F 473
Administrator Collins suggested that we could send him a
release along with the check, but whether he will sign it or not
is another question.
Commissioner Eggert felt it might be worth trying to see if
he will. She didn't see what we have to lose by sending a
release.
Administrator Collins explained that if we think we have a
90 -day contract, which we do, then it is simplest and cleanest
for us to go ahead and honor what we believe are the facts. The
fact that Mr. Balczun says that he did not sign the contract may
be some evidence of dereliction of duty and cause for firing, but
to bring in the issue of do we have cause along with what
contract does exist, the whole thing gets much more complicated
and the legal fees for the County get much more complicated. It
would be easier to go into court with clean hands saying we have
done what we think is right. If Mr. Balczun wants to contest it,
we feel we have a very defensible position, and we can still
raise some of these issues as a counter.
Commissioner Bird felt that the very most we owe him is what
we agreed to in the amended contract, and that was the 90 -day
notice of termination, and we have made the decision that we are
going ahead and pay him that and relieve him of his duties. That
has been done and whatever other severance and vacation, etc.
This is the absolute most that he is entitled to, and if Mr.
Balczun is willing to accept that, we are agreeable to paying
that, and we can shake hands and go on about our business. If he
is not agreeable to that and wants to try to claim that the
amended contract is not in force and wants to be paid all the way
into October, 1989, he would think that the Board would want to
fight that action with all the resources available to the County
because there is absolutely no way he is entitled to that. That
is his opinion, and he felt it is the opinion of staff and the
majority of the Commission.
44
AUG 16 1988 Bou 73 474.
Commissioner Bird emphasized that he was not looking for a
compromise between what we are offering now and what Mr. Balczun
is looking for in October, and stressed that they are going to
have a hard time convincing him personally if they think we are
going to compromise and give him something in between that.
Commissioner Eggert agreed with that and what our Legal
staff have said, but wished there was some way we could pay it
into a fund pending the outcome of their decision of what to do.
Attorney Vitunac explained that if we do what we just said,
the minimum we will pay him will be also the maximum. It will be
exactly what the contract says. We will be giving up something,
and that will be our ability to fire him for cause as we will
have paid the money on the 90-day notice. He will have to sue,
and anything over that we think we can defend successfully.
However, we will not have a chance to give him no money. Even if
we can defend on certain gross dereliction of duties, it would
just get us back to the amount of money we already have paid him.
Commissioner Wheeler felt that firing with cause is totally
legitimate, but he has complete and total confidence in our Legal
staff and their recommendations and that is why he went with the
90-days notice pay. Secondly, holding our end of the bargain on
the 90-day contract is important as we sit here as a body to do
what is legitimate and what is right, regardless of who we are
dealing with. He did not want us to be put in the same position
that he feels Mr. Balczun has put himself. We are doing what is
legal, what is right, and what is honest.
Commissioner Eggert felt that we also need to look to the
future because we are looking for a new County Administrator, and
felt that we have tried very hard to be fair and that we should
go ahead and pay that 90 days.
Chairman Scurlock felt that is the most difficult part of
this; these personnel matters are at best difficult, especially
when you have to do it in such a public way. He felt that each
45 Boor 73
L_
Commissioner worked very hard meeting individually with Mr.
Balczun trying to come to what ends up being a collective
decision of 5 Commissioners with a va'riety of attitudes and
opinions about a subject, and coming together as a Board we end
up arriving at a decision based on 5 individual Commissioners
molding their various opinions into one decision and that one
decision was to have a peaceful parting of the ways and to
exercise what we believe to be our option. Unfortunately, we got
to last Tuesday's meeting and all of the dialogue that took place
individually between the Commissioners and Mr. Balczun seemed to
go by the board very quickly at the presentation of the letter
from Mr. Balczun's attorney. He felt great disgust at that
point, and Commissioner Eggert offered the word "betrayal."
Chairman Scurlock pointed out that the Commissioners had
been meeting individually on this item for 2 or 3 weeks, but he
would have to defer to the Legal staff in that they feel this is
the most logical approach and they are best able to comment on
that. Therefore, he concurs with staff's recommendation,
although he personally feels and felt then that there was
potential cause aside from the contract issue itself. However,
that was not the collective decision that was made. He would
support a motion if one were offered.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, that the Board approve Attorney
Vitunac's recommendation.
Under discussion, Attorney Vitunac advised that we will send
a check to the trust account of Mr. Balczun's lawyer, and we will
also send a release, which we don't expect to be signed, and we
will probably be in court and defend it and hoped we will win.
Chairman Scurlock asked if there was any ability to offer
the pay subject to the signing of the release; in other words,
46 BOOK 7 �' `.,r 476
UG 1 6 1988
I
can we say to Mr. Balczun to come in and sign a release, and if
he doesn't, say that we will keep this in escrow for you until
this is resolved.
Attorney Vitunac advised that they discussed that at great
length last evening, and Attorney Polackwich thought that it
would be better just to go ahead and make it as easy as possible
and say "here's your money and go" and make the release a
separate item. Attorney Polackwich felt that tying the two
together would unnecessarily complicate things. We will give him
a separate check and release, and if.he doesn't sign the release,
he still can go to court.
Commissioner Bird felt that he doesn't have any incentive to
sign a release once he has his money. If we agree to do this, he
hoped the message that goes along to Mr. Balczun and his attorney
is that this is it and we will fight paying anything additional
he may claim we owe him.
Administrator Collins noted that he was having a hard time
taking off his legal hat, but felt that what we could do is to
send him the check for the 90 days payable into the attorney's
trust fund with the instructions to his attorney to pay it out to
his client at the time he signs the release of the County. In
the event that his client and his attorney determine that they do
not wish to release the County from any further liability and
they are going to choose to contest the amount owed, we would ask
that he hold that in trust pending the outcome of that court
hearing. Now whether the attorney will honor that, he did not
know, but he felt that is the best we can try for.
Attorney Vitunac noted that is consistent with what you are
asking, but Attorney Polackwich said to make it easy and send
them separate items and let them have the money in hopes they
would end it.
Chairman Scurlock understood that at the present time no
suit has been filed by anyone and there is just a threat of a
suit by a letter.
47 BOOK 73 r'.�G� 477
AUG 16 1988
Commissioners Bird and Eggert liked the idea about escrowing
the money.
Chairman Scurlock asked if there is a willingness to modify
the Motion to reflect the language that would be necessary to
implement that, and Commissioner Eggert agreed to modify her
Motion.
CHAIRMAN SCURLOCK REQUESTED THAT THE MINUTES REFLECT THAT
THE MOTION HAS BEEN MODIFIED IN ACCORDANCE TO WHAT ADMINISTRATOR
COLLINS HAS JUST STATED.
Administrator Collins noted that it is not going to
guarantee anything on their part, and we recognize that we feel
we should pay for 90 days, but it gives him an opportunity to cut
it cleanly by signing a release.
Commissioner Bowman did not see the advantage because either
way he is going to consult with his client.
Chairman Scurlock felt there is the possibility of having
Mr. Balczun rethink the issue, because obviously he has a career
and he is 43 years old. The Chairman felt we are doing our best
on our end to try to be gentlemanly about this issue, and
hopefully, he will have some time to rethink and maybe modify his
stance. Time sometimes allows people a little bit of breathing
space.
Commissioner Eggert added that maybe they expected a
different reaction from us.
THE CHAIRMAN CALLED FOR THE QUESTION. The amended
Motion was voted on and carried unanimously.
GIFFORD COMMUNITY CENTER
The Board reviewed the following letter dated 811/88:
48
AUG 16 1988
Boar 73 478
BOARD OF COUNTY COMMISSIONERS
1840 25th Street. Vero Beach. Florida 32960
Telephone: (407) 567-8000
August 1, 1988- •:
Suncom Telephone: 424-1011
James A. Burns, Superintendent
Indian River County School District
1990. 25th Street
Vero Beach, Florida 32960
Dear Dr. Bum's
Upon researching the minutes of County Commission meetings where
the Gifford Community building was discussed,1the minutes reflect
that the County Commission was not interested in having the
property deeded to them. There has been no indication that the
mood of the Board has changed. 4
If you wish to appeal the decision of the Board, please notify me
and I will place the matter on an agenda.
Sincerely,'
Don C. Scurlock, Jr.
Chairman
Chairman Scurlock advised that after talking with Gifford
Progressive Civic League president Ralph Lundy and Victor Hart,
president of the local National Association for the Advancement
of Colored People, for over an hour and a half last week, he has
changed his position on this issue and will vote in favor of the
County accepting title to the Gifford Community Center. He
wanted it on the record, however, that he is still is concerned
about any precedent being set in terms of County involvement in
community centers.
Commissioner Bird pointed out that all the maintenance is
the responsibility of the Progressive Civic League, who will be
49
mor 73 F -,v r 479
r
leasing the building from the County.
E -7 -
All the County has agreed
to do in the budget is to give them $15,000 towards the
maintenance of the building.
Chairman Scurlock emphasized that although the County will
hold title to the building, all of those things such as
maintenance will be outlined in the separate lease to the
Progressive Civic League. The County is not accepting any other
responsibilities than what we have agreed to.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously allowed the
deed for the Gifford Community Center to come back to
the County from the School Board.
At the urging of the other Commissioners, Chairman Scurlock
explained the reason he changed his mind on this matter was
because we already have a number of community recreation centers
in the county such as Roseland and Rockridge, and because this is
a once in a lifetime opportunity to get PECO funds. He stressed
that the key thing that changed his mind is when Victor Hart and
Ralph Lundy both said that they believe in this Board of County
Commissioners and feel this Board has done more for the Gifford
community than any Board in the history of this county. That and
the fact that they said they would be more comfortable in dealing
with the County than with any other entity is the key reason why
he changed his position. However, he still feels that the County
should not operate any community recreation centers.
Commissioner Bird believed that most of the activities that
will take place in the center will relate more to the County
Commission's responsibility than to the School Board's, which is
why he feels we should take ownership back and enter into the
lease with the Gifford Progressive Civic League.
Commissioner Wheeler stated he would support the Motion even
though he believed we should not be in the community center
50
I
business. However, since it appears we are going forward with
this, he felt it should be a positive approach.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously.
Commissioner Eggert noted that for those interested in
helping, the landscaping work is scheduled for Saturday morning,
August 27th.
HEALTH DEPARTMENT BUILDING
Commissioner Eggert advised that she received a phone call
from Wes Tiliis asking if the County Commissioners are really
supporting a new Health Department Building. It was her under-
standing that what she requested at the meeting of August 2,
1988, was the ability to go out and thoroughly investigate this
and bring back a recommendation. She asked if any of the
Commissioners oppose the idea of a new health department building
being built somewhere in the community if we can get proper
financing, etc.
Chairman Scurlock felt that the potential funding is the
biggest hurdle, because when you look at our budget and the
funding for Phase III of the Jail, we just don't have the
dollars.
Commissioner Eggert appreciated that, but emphasized that
she was just talking about conceptual agreement that the County
has a great need for a new Health Department Building. However, "
she believed it would be foolish for her committee to go marching
down the road toward this if the majority of the County
Commissioners say that under no conditions do they want to
construct a new health department building.
Commissioner Wheeler stated that his priorities are the Jail
and the Courthouse facilities, but if we have any funds to
51 BOOK ��.
AUG 16 1988
cover this in the future, a new Health Department Building would
be his third priority. He was not opposed to it; he just wanted
the funds to be there.
Chairman Scurlock listed his priorities with the Jail being
first, the Court facilities second, the Health Dept. building
third, and then recreation.
Commissioner Eggert agreed with the Chairman's priorities,
but reemphasized that she is only asking for conceptual approval.
Commissioner Bird felt the Board had to agree in concept
that a new Health Department Building is needed, but felt the
taxpayers' wagon will only carry so much weight. We are going to
need a lot of advice from the Finance Advisory Committee and our
financial advisors as to where we stand financially and how much
debt service the County can take on at this point.
Commissioner Eggert noted that we get into a vicious cycle
because when the hospital takes care of people in their Emergency
Room, the County pays almost 3 times as much for their care than
if primary care was given in the Health Department Building. So,
no matter how we are functioning, we have a taxpayers' problem.
Commissioner Wheeler asked what happened to the model for a
new building, and Commissioner Eggert advised that we still have
it.
Commissioner Eggert reiterated that she wanted to be sure
before she went forward with this that they have the Board's
conceptual agreement.
Commissioner Bird stated he would be in favor of going
forward conceptually with this, but felt that somehow we need to
resolve the financial question before we spend a lot of money on
detailed plans and getting a lot of people fired up about this.
Commissioner Eggert pointed out that we still have in our
budget approximately $50,000 that came through on another bond
issue to work towards plans for a Health Department Building.
Chairman Scurlock felt the real key from the financial
standpoint, in just general terms, is that this county cannot
52 7 ,GF A82
,AUG 1 19BooK �,, F
L-
afford this kind of a 30 -year debt at this point in time. He
emphasized the approach we took with the Jail where we had the
one-time, one -cent sales tax to pay cash for a specific project.
He felt the Finance Advisory Committee could come back with a
program and the Board could set some priorities on some absolute
essentials. Then, if we took those priorities to the voters and
showed them the savings, he believed the community would support
them.
Chairman Scurlock felt Commissioner Eggert had the direction
that the Board approves conceptually if there is sufficient
money.
SOUTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 10:02 o'clock
A.M. in order that the District Board of the South County Fire
District might convene. Those Minutes are being prepared
separately.
The Board of County Commissioners reconvened at 10:40
o'clock A.M. with the same members present.
PRESENTATION OF INDIAN RIVER COUNTY BEACH PRESERVATION PLAN BY
CUBIT ENGINEERING
The Board reviewed the following memo dated 8/9/88:
TO: Charles P. Balczun,
County Administrator }
FROM: James W. Davis, P.E.
Public Works Directo.
SUBJECT: Indian River County Beach Preservation Plan
DATE: August 9, 1988
DESCRIPTION AND CONDITIONS
Pursuant to the Professional Services Agreement between Cubit
Engineering Limited and Indian River County dated July 17, 1985,
53
AUG 16 1988 Bou 73 F.,83
the consultant has completed the work as defined in the Scope of
Services (pages Al thru A8). Staff and the Beach Preservation
and Restoration Committee have been working with Cubit to refine
the initial draft of the report submitted in August of 1987.
Comments from Committee members, City of Vero Beach, the Sebastian
Inlet Taxing District, and concerned citizens have been received
and discussed at the March 26,. 1987 and Sept. 10, 1987 Beach
Committee meeting. Since those -meetings, several revisions to
the document have been made, including the following:
1) Revised cost figures and other numerical data to -reflect the
most recent and accurate data available. The 1986 Corps of
Engineers Sand Source data is one example.of the use of the
most current information, where older data was previously
utilized.
2) An amended Capital Improvements Program located in the
Executive Summary, and on page -9-40 which was revised to
include -more accurate cost estimates based on local bids for
dune restoration.
3) A district funding map is included on page 9-43.
4) An expanded Emergency Response Plan in Chapter 10.
In addition, various refinements in the document have been
undertaken. ..
During the August 16, 1988 meeting of the Board of County
Commissioners, the consultant will present the finding and
recommendations of the study.
RECOMMENDATIONS AND FUNDING
After public comment received during the . Consultant's
presentation, the Board should consider final payment to Cubit
Engineering in the amount of $16,493.11. Funding to be from fund
102-110-515=033.19: A -budget amendment will be forthcoming.
Public Works Director Jim Davis introduced Dr. Biily 2dga
of Cubit Engineering, whose firm was commissioned back in 1985 to
do a beach preservation plan for Indian River County. The
document being presented to the Board today has been modified
several times in the last 3 years.
(A COPY OF IRC BEACH PRESERVATION PLAN IS ON FILE IN ITS ENTIRETY
IN THE OFFICE OF THE CLERK TO THE BOARD.)
Mr. Edge expressed his appreciation to those who worked
closely with Cubit Engineering on this document, especially Jim
Davis and George Gross, Coastal Resources Project Manager for the
City of Vero Beach,
who rolled up their
sleeves and
worked
with
AUG16
1988
54
73
c 48 4
M M M
them
to make
sure that
this study will
not
be
one that just
sits
on a
shelf.
The hope
is that this will
be
a
living document
and.
will be continuously updated. He explained that this
presentation was made in its entirety the end of last week to the
Beach Preservation and Restoration Committee. The Executive
Summary is inserted below and represents the presentation given
by Dr. Edge.
55 E00K 73 Fdu,.495
EMCUTIVE SUMMARY
Indian River County established its Beach and Restoration
Committee to evaluate coastal erosion conditions throughout the
County and to develop a strategy for protecting these valuable sandy
beach areas. This study is an outcome of these efforts. It
represents- a plan to manage the County's shoreline and to deal with
coastal erosion on a planned basis. This report presents the Beach
Preservation Plan as developed through consideration of coastal
processes, historical trends, environmental considerations financial
feasibility and needs.
Summary of Coastal Processes and Beach Erosion
The sands of Indian River County's shoreline are shaped and
moved by the waves and ocean swells which which break upon it
throughout the year. The wave climate is such as to generally move
sand from north to south. Storms and persistent wind conditions can
result in a wide range in the magnitude and direction of the sand
movement. On an annual average however, sand is carried south at a
net rate of•135,000 cubic yards per year. Various physical features
along the County's coast affect the movement of this sand flow. Such
changes are generally observed in the form of erosion or accretion of
the shoreline. Three major features which have such impacts in
Indian River County are:
1) Sebastian Inlet;
2) the offshore reef/ tock outcrop system; and
3) the large offshore shoal area.
The effects of these features is reviewed in the following
paragraphs.
Sebastian Inlet
The strong ebb and flood currents within Sebastian Inlet cause
it have a major effect on the movement of sand in its vicinity. An
annual average of 135,000 cubic yards of sand moves southward along
Brevard County towards Sebastian Inlet. The inlet draws in the wave—
suspended sands during flood tides. About 59,000 cubic yards per
year are deposited in the quiescent waters on the Indian River Lagoon
side of the inlet. Additional sands are carried offshore into deeper
waters by the ebb currents. In either case, these sands are lost
from the nearshore sand transport system. In total, the inlet is
responsible for annual sand losses amounting to 83,700 cubic yards.
It is only through recent efforts by the Sebastian Inlet District
Commission, that some of the sands deposited in the inlet and lagoon
have been dredged and deposited on beaches south of the inlet where
they make up some of the losses due to the inlet. About 22,000 cubic
yards per year have been bypassed around the inlet in this manner.
Net losses are therefore reduced to 61,700 cubic yards per year as a
result of these bypassing efforts.
When sands are removed from the littoral transport system by a
localized trap such as the inlet, the system adjusts to compensate
for this change. The wave climate south of the inlet continues to
provide the energy to move 135,000 cubic yards of sand southward per
year. Since the Inlet prevents this quantity of sand from moving
into the County, the sand in motion must come from a different
4.1
AUG 16 1988 moa 71 496
M M M
source. In the case of Indian River County, the only additional sand
source is the beaches themselves. Sand is removed from the beach to
make up the deficit in the sand transport system. The observed
effect is accelerated erosion of the beaches downdrift (south) of the
inlet. The sand losses into lagoon and offshore deposits at the
inlet directly translate into erosion losses of about 61,700 cubic
yards.per_,year from Indian River County's shoreline.
Offshore Reef/Outcrop System
An offshore reef/rock outcrop system is known to generally lie
offshore of the County in a fairly broad shore -parallel band. The
general location of the system in the southern half of the County is
well defined from aerial photography. In this area, the reef/rock
outcrop lies within a few hundred feet of the shore. The system
extends out in a band of about 2,000 feet wide. In other portions of
the County, the location and general shape of the reef system is not
as well known. It is generally believed to extend over the length of
the County in the same shore—parallel configuration.
The reef/rock outcrop is reported to lie at water depths of 10
to 15 feet. The system consists of limestone rock outcrops covered
with marine life consisting of sponges, marine algaes, and soft and
hard corals. Worm reef structures also exist.
Evaluation of the offshore profile changes suggests that most of
the sand losses are occurring at depths greater than 10 feet. This is
approximately the water depth in which the reef occurs. It would
therefore appear that the offshore reef system may be a factor in the
observed profile changes. The reef outcrop may be acting as a
shallow sill which supports the nearshore beach profile. Areas
offshore of the reef would lack this protection and would therefore
be subjected to greater erosion.
Offshore Shoal Area
A large shoal area is located offshore of the central and
southern portions of the County's coast. Hydrographic charts suggest
that the shoal extends up to 20,000 ft offshore (distance to the 30
ft contour). This large submerged feature has a significant influence
on the Indian River County shore. For the areas immediately onshore
of the shoal, it represents a measure of protection against storm
wave damage. Being a relatively shallow feature, it will cause large
storm waves to break further offshore that they would along other
portions of the County's coast where the shoal does not exist. It
also reduces the overall wave energy which reaches the coast. As a
result, sand in transport by wave energy will then to be deposited in
this area. The beaches in the lee of the shoal do show such
accretional trends.
The shoal also has an influence upon the beaches which lie up
and down the coast from it. Since water depth affects the speed at
which wave waves move, areas where the water depths change in the
longshore direction can change the direction of wave fronts, much the -
same way as a prism bends or refracts light waves. The shoal acts to
bend wave fronts around it so that they move towards the interior of
the shoal. Coastal areas on the fringes of the shoal area therefore
likely to have more of the incoming waves impact the beach at angles
to the shore. When waves approach beaches at angles they are able to
impart more energy in the longshore direction. Beaches erode faster
in these areas where longshore wave energy is locally increased. Vero
Beach is just upcoast of the shoal. As experience has shown, it has
suffered more serious erosion damage than most other sections of the
County's shore except for the Sebastian Inlet area. The down coast
limits of the shoal include the southern 3.8 miles of the County.
Similar erosion effects are also noted there.
57
AUG 16 1988 800F 13 r-a,E X87
L—J
i
Beach Erosion
M
Figure 1 summarizes the overall changes which have taken place
on the County's beaches over the period of 1972 - 1986. It
illustrates idealized beach profiles representing the 1972 and the
1985/1986 conditions. On the upper portions of the beach (elevation
10 ft), the profiles show a general erosional condition. At the
elevation 0 ft shoreline, the profiles show a general seaward
movement. These changes on the "dry beach" portion of the profile are
indicative of storm erosion changes wherein the beach takes on a
lower, flatter form. Over the period, the "dry beach" has lost about
60,000 cubic yards per year for the entire Indian River County
shoreline.
Figure 1 also indicates the changes which have taken place in
the submerged portion of the profile. On the average, the profile
change tends to be accretional in the shallow water section. In
water depths of 10 ft and greater, the profile change becomes
strongly erosional. The average loss for the entire County shoreline
amounts of 656,900 cubic yards per year or about 5 times as great as
occurs in the dry beach portion of the profile. Most of this loss is
occurring in water depths of 10 feet and deeper.
Figure 2 indicates the variation in erosion rates along the
County shoreline. It shows the actual variation at each of the
survey monuments and also shows a smoothed line which represents the
average erosion trend along the coast. The period of change as
represented in the figure is the 13.5 year period from November 1972
to June 1986.
The average erosion trend line shown in Figure 2 shows the
influence of the major coastal features which were discussed above.
Clearly evident are the segments of the coast affected by Sebastian
Inlet and the large offshore shoal.
20
10
0
Z
Z
0
—10
W
J
W
—20
—30
cc1
W
m
AVERAGE PROFILE CHANGES 1972-1985/1988 .
AUG 161998 58
ROFILE
R TOTAL
'ROFILE
'YR
FIM IDC 1
SEBASTIAN
INLET
A" �l�
R-1
SEBASTIAN
sJLET
STATE
jECREATION R-10
AREA
AMBERSAND
WABASSO
BEACH
SR 310`'
INDIAN
RIVER
SHORES
sit so
VERO
BEACH
SHORELINE CHANGE RATE
(FT/YR)
SHOAL AREA
R-100 �---- r'
R-110 I
N3 W A U1 0)
DIRECT INLET
IMPACTS
TRANSITION.
�k —118 I • I 1
AVERAGE SHOREUNE CHANGE 1972-1986
FIGURE 2
Coastal Process Model
The offshore reef/ rock outcrop system is believed to be playing
a key role with respect to the beach processes. Its location
offshore and its shallow water depth probably contribute to its
performance as an offshore sill. This sill holds the toe of the
beach slope in place. Thus the beach profile above the reef/ outcrop
surface is significantly more stable than the sandy bottom slopes
located offshore of the reef/outcrop system.
Sand appears to be moving well along the coast in two shore
parallel paths separated by the reef/outcrop system. Inshore of the
reef/outcrop system, losses of sand to the inlet significantly
affect the northern portion of the County. The losses to the inlet
are compensated for by increased shoreline erosion over about 8.2
miles of Indian River County coast. The sand continues to be
transported down the coast with beach eroded sand contributing along
the way to the overall volume of sand in transport. Deposition of
the nearshore sand stream begins in the shadow of the offshore shoal.
Down coast of the shoal, the erosion process resumes again, although
the erosion rate is lower than in other eroding areas of the County.
Sand is also moving from north to south in the areas offshore of
the reef/outcrop system. Erosion rates are about 5 times as great as
those which occur inshore of the reef. Although accurate profile
surveys do not extend further than 3,000 feet offshore, it is
suspected that some of the sand in transport in the offshore stream
is deposited in the shoal area.
The offshore reef/outcrop is an important factor in beach
behavior in response to storm wave activity. Its relatively shallow
depth and broad width reduce some of the wave energy which can reach
59
AUG 161999 BooK 73 i,''u, 499
the shore during a storm. The reef/outcrop may also influence the
recovery of the beach after a major storm. During storms, beach
sands are transported offshore, forming a flatter overall beach
profile. After a storm or winter season longer period waves and
swell tend to transport the sand back onto the beach. The presence
of the reef/outcrop may however inhibit the transport of the sand
back to the beach after the storms. Sand transported onto or beyond
the reef/outcrop system may be lost permanently from the nearshore
area. The relatively small changes between the summer and winter
beach widths (on the order of 20 feet difference between the December
1985 and the June 1986 profiles) in Indian River County suggest that
onshore transport of sand is probably limited to the nearshore areas
inshore of the reef.
Corps of Engineers Planning Efforts
In 1980 the Jacksonville District of the Corps of Engineers
completed a feasibility study for erosion control in Indian River
County. Study efforts after the initial preliminary investigation of
the County's shoreline were concentrated primarily on two problem
areas south of Sebastian Inlet along the shore of the State
Recreation Area and along the oceanfront of the City of Vero Beach.
As a result of this study the District Engineer recommended, the
adoption of a federal restoration project for the two areas. The
District Engineer also recommended that periodic nourishment of the
remaining shoreline of the County when and if needed.
The positive recommendation by the District Engineer allowed the
Corps to extend their planning into the development of a design
memorandum detailing the projects. Also as a result of the positive
recommendation, the two projects were included in H.R. 6, the Water
Resources Conservation, Development, and Infrastructure Improvement
and Rehabilitation Act of 1986.
Florida Department of Natural Resources Planning Efforts
The Department of Natural Resources (DNR) , Division of Beaches
and Shores, has begun work on a beach management plan. This
planning effort is in response to and with legislative guidance and
direction as outlined on Chapter 161, Florida Statutes. Under this
direction, the DNR is to develop and maintain a comprehensive long
term management plan for the restoration of Florida's critically
eroding beaches. In addition to addressing long term solutions to
beach erosion, DNR is also to -evaluate each improved inlet in an
effort to determine whether the inlet is a significant cause of beach
erosion and to recommend mitigation for any such impact. DNR is
further directed to specify design criteria for beach restoration and
renourishment projects and to evaluate the establishment of feeder
beaches as an alternative to direct beach restoration.
In performing this task the DNR is considering many factors
including such issues as impacts on natural resources, the prospects
for long term success of recommended projects, cost and benefits of
recommended projects, public beach access, storm protection to be
provided by the improved beaches, and local interest in terms of
local government planning and the extent of expressed public support.
The result of this planning effort will be a •list of beach
restoration and renourishment projects arranged in a priority order
together with the funding levels required for each project. The DNR
has begun the work of compiling this priority list this year by
evaluating projects in 13 of the coastal counties suffering the most
from beach erosion. Indian River County is included in the first
group of counties. A feeder beach project at Sebastian Inlet and a
beach restoration project at Vero Beach are included in the DNR
priority list.
60
oil
noK 73 FA;r 49®
The Legislature allocated $10.5 million dollars for the 1987
funding of the DNR's beach restoration program, a part of the
Surface Water Improvement and Management (SWIM) bill into law on June
29, 1987. The Department of Natural Resources, Division of Beaches
and Shores is preparing its District VI Beach Management
Recommendations report which includes Indian River County for
presentation to the Governor and Cabinet. The report will contain the
recommendations for action in the included counties and will outline
a restoration plan covering the next 10 years.
Indian River County Beach Preservation Plan
A range of structural, non-structural and land management
erosion control alternatives were evaluated with respect to the
specific erosion conditions found within the County. Those
alternatives found to be technically applicable were subjected to an
economic evaluation to determine if their costs could be justified
when compared to the benefits which they provide.
The list of major alternatives with potential for application in
Indian River County is:
1. beach nourishment - generally applicable throughout the
County where it is economically feasible and not
otherwise prohibited;
2. dune maintenance — generally applicable throughout the
County;
3. shore parallel structures - conditionally acceptable
for installation by the upland property owner if
supplemental beach nourishment sands are also provided;
4. no action - applicable within federally designated
Coastal Barrier Resources Systems (CBRS) units within
the County.
The Indian River County coastline is divided into 8 planning
sectors. A sector represents a portion of the coast within which the
planning constraints can be considered to be uniform. The sector
delineation process attempts to include consideration of both
physical coastal process conditions as well as jurisdictional
boundaries. The eight management plan sectors are:
Sector 1 - Sebastian Inlet State Recreation Area ( R-1 to R-11)
Sector 2 - Ambersand ( R-11 to R-19)
Sector
3
- Wabasso Beach ( R-19
to R-45)
Sector
4
- Indian River
Shores
( R-45 to R-71)
Sector
5
- Vero Beach (
R-71 to
R-86)
Sector
6
- Vero Beach II
( R-86
to R-94)
Sector
7
- South County
( R-94
to R-113)
Sector
8 -
Round Island
( R-113
to R-119)
These sectors and recommended plan actions are shown on Figure
3.
County -wide Plan Elements
There are several elements of the Beach Management Plan which
apply to managing the entire Indian River County shoreline and are
61
AUG 1 1980" RwK 7 P r 4.1
r
independent of the requirements of any one individual sector or
stretch of beach. These plan elements include:
1. expansion of the role of the Beach Preservation and
Restoration Committee into local permitting and plan
implementation tasks;
2. improvement of beach access;
3. development of cooperative agreements with Sebastian
Inlet District;
4. implementation of a beach use monitoring program;
5. implementation of a beach survey program; and
6. development of an erosion deed disclosure ordinance.
Plan Implementation
The Plan recognizes that the most critical need in the County is
the implementation of the beach restoration project at Vero Beach.
This project will relieve the need for expensive local beach and
structure maintenance requirements in the Vero Beach area. The
restored beach will also provide a valuable recreational resource as
well as area -wide protection of upland property and structures.
Although improvements to the inlet bypassing at Sebastian Inlet
will have an immediate positive impact in the State Recreation Area,
its most important aspect will be its contribution to the long term
stability of the beaches in the remainder of the County.
The inlet represents a significant factor in in the overall erosion
conditions within the County. Compensating for this major loss of
sand from the littoral transport system is essential for the
successful functioning of the other components of the Plan.
SECTOR PLAN ELEMENTS
SEBASTIAN
MET SECTOR 1
STAR —R -TO
RECREATION
AREA SECTOR Z
AURERSAND
INLET BYPASSING / FEEDER BEACH
NO ACTION - CBRS UNIT
—R -SO SECTOR J COUNTY DUNE MAINTENANCE DISTRICT
NABASBO
BEACN
IR S10 —R -.e
"AIIAAV -\ I I
SECTOR 4 TOWN DUNE MAINTENANCE DISTRICT
OMAN
TO
s"aftoRES
SECTOR B
SR B0—R-BO -
°EAO1 /[.-.I SECTOR B
R-100
SECTOR 7
CITY DUNE MAINTENANCE DISTRICT
BEACH RESTORATION PROJECT
CITY DUNE MAINTENANCE DISTRICT
COUNTY DUNE MAINTENANCE DISTRICT
SECTOR B NO ACTION - CBRS UNIT
PLAN SECTORS
A
BOOK
73 F', ;E 40912
r
i
TABLE 2
RECOMMENDED PLAN COMPONENT PRIORITY LIST
ADMINISTRATIVE AND COORDINATION ACTIONS
1. Work to build local support for Congressional action on:
a) Vero Beach project appropriations
b) Funding of Sebastian Inlet project
2. Establish cooperative agreements with Sebastian Inlet 'District
3. Beach Preservation and Restoration Committee
a) Beach Preservation District
b) Local Permit Review
4. Deed Disclosure Ordinance
S. Beach Use Monitoring
CAPITAL IMPROVEMENTS
1. Beach Monitoring Program
2. Vero Beath Restoration
3. Sebastian Inlet Feeder Beach
4. Establish Dune Maintenance Districts
S. Beach Access Development
a) Golden Sands Beach Park
b) Dune Walkover Construction
63
Nor M F -vu 493
TABLE 1
ESTIMATED COSTS OF TOTAL PLAN IMPROVEMENTS
SECTOR
ACTION
COST
I
Passive sand bypassing/feeder beach
$3,825,000 825 000 (Initial)
2
No Action - CBRS Unit
NA
3
County Dune Maintenance District
$390,000/yr
Develop Golden Sands Beach Park
$526,000
4
Indian River Shores Dune Maintenance
$390,000/yr
District
5
Vero Beach Restoration Project
$5,037,000 471 000 (Initial)
Vero Beach Dune Maintenance District
$9000000$120tial)
(Maint.) .
6
Vero Beach Dune Maintenance District
$120,000/yr
Dune Access Improvement at
$12,600-$14,000
Lady Bug Lane
Jasmine Lane
Coquina lane
Pirate Cove Lane
Turtle Cove Lane
7
County Dune Maintenance District
$285,000/yr
Dune Access Improvement at
$15,100-$16,800
Corona Lane
Treasure Cove Lane (sign only)
Wyncove Drive
Smugglers Cove
Ocean Ridge Circle
Anglers Cove (sign only)
Surfside Beach
Cavalla Road
Lantern Lane (sign only)
St. Christopher Lane (sign only)
Tamrick Road
8
No Action - CBRS Unit
NA
Revised 07-26-88
TABLE 2
RECOMMENDED PLAN COMPONENT PRIORITY LIST
ADMINISTRATIVE AND COORDINATION ACTIONS
1. Work to build local support for Congressional action on:
a) Vero Beach project appropriations
b) Funding of Sebastian Inlet project
2. Establish cooperative agreements with Sebastian Inlet 'District
3. Beach Preservation and Restoration Committee
a) Beach Preservation District
b) Local Permit Review
4. Deed Disclosure Ordinance
S. Beach Use Monitoring
CAPITAL IMPROVEMENTS
1. Beach Monitoring Program
2. Vero Beath Restoration
3. Sebastian Inlet Feeder Beach
4. Establish Dune Maintenance Districts
S. Beach Access Development
a) Golden Sands Beach Park
b) Dune Walkover Construction
63
Nor M F -vu 493
o•ect
Initial
0
Coat
($1,000'x)
Vero Beach
9,471
Sebastian
3,825
Inlet
Maintenance
County Dune
675
Maintenance
Districts
Cost
(Sectors 3 A 7)
Federal
Indian giver
390
Shores Dune
($1,00018)
Maintenance
($1,000'x)
District
our a�
(Sector 4)
Vero Beach
600
Awe
4
Maintenaace
B
Districts
1, 477 •
(Sectors 5 6 6)
Golden Sands
526
Beach Park
2,150-3,825
Beach Access
33-37
Improvements
5-7
Beach Monitoring 5-10
210
TABLE 3
0
?d)
FUNDING OF CAPITAL PROGRAMS
210
Maintenance
Maintenance
Cost Share
Local
Cost
Cycle(yrs)
Federal
State
Local
Share
($1,00018)
($1,000'x)
($1,000'x) ($1,00018)
our a�
5,172
3,224
1,074
4
5,037
B
3,068
1, 477 •
492
0-1,675
2,150-3,825
0
NA
3,825
5-7
0-1,675
2,150-3,825
0
NA
675675
' 2-4
0
?d)
2'3
390
2-4
0
?d)
390
3
210
2-4
0
?d)
210
240
240
1,3
NA MA 0 0 526 2
MA NA 0 0 33-37 1,2,3
5_18b) lc) 0 0 5-10 5
Revised 7/28/88
TABLE 3 (cont.)
FUNDING OF CAPITAL PROGBAMS
NOTES:
a) Revenue Sources
1) Tourist Tax Revenue - District 1
2) Tourist Tax Revenue - District 2
3) Dune Maintenance District Revenue
4) Special Assessment of $100/front foot on oceanfront
property owners in project area
5) Ad Valorem Revenues
b) Recurring Cost
c) Resurvey Period
d) Future funds may be available from On Beach Management
Program
This Plan has been developed with a sensitivity for the
aearshore and offshore environmental resources of the County.
The critical elements which can cause problems in implementing the
Plan relate to the burial of aearshore and offshore rock and reef
outcrops, damage to worm reef habitat, reef damage caused by dredge
operations and disruption of sea turtle habitat.
The estimated costs of the plan elements as described above are
summarized in Table 1.
The total cost of the proposed Plan dictates that the components
be given implementation priorities and be scheduled over a period of
time to enable the County to develop a suitable funding strategy.
Table 2 presents a list of Plan components in a recommended order
of priority. Certain tasks within the Plan can be performed early in
the overall process. The first few items are study and
administrative tasks which seek to resolve funding 'participation.
The remaining items require capital expenses to construct or
implement the components of the Plan.
64
BOOK 73 f'AUE4
M
M
Table 3 summarizes the proposed funding status of the plan
programs. The Table also lists possible funding.sources• for the
local share of the programs.
Roppelman (1978) has found that it is the political aspect of
erosion control that is the deciding factor in the implementation of
a successful program. Implementation does not occur solely on the
basis of technical rationality. When viewed fran the standpoint that
mediation and compromise are part of the process, erosion control
plans can be successfully implemented.
The implementation of the Indian River County Beach Preservation
Plan will require political negotiation to develop a workable
program. The principal areas of political effort involve the
development of a cooperative inlet bypassing improvement program with
the Sebastian Inlet District, the solicitation of congressional and
state support for the Vero Beach restoration project and the
Sebastian Inlet bypassing/feeder beach project, and the
implementation of the various dune maintenance districts.
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BOOK
73 i'mu- 495
Commissioner Bird understood that there are no major
differences between the Cubit study and what the Corps has
developed up to this point, and Mr. Edge confirmed that there are
no major differences as far as identifying the problem and
solutions to the problem. He felt that the Corps is very much in
agreement with what Cubit feels are the major solutions, but
there are some subtle differences. The Corps has very strict
guidelines that they have to follow which are more stringent than
what the State would have and more stringent than what the County
would have in place if the County was to do the job themselves.
Commissioner Bird pointed out that over the years this has
been a very controversial subject, but he believed that the vast
majority of the people in Indian River County still are looking
for the best solution and answer to the problem. He emphasized
that we have to rely on firms like Cubit Engineering along with
the Corps of Engineers to give us the expertise. He has always
said that we have to rely on outside experts to come in and
analyze the problem and tell us what they feel is the solution to
the problem and then come up with the most cost effective, fair
and equitable way to spread that cost over those who will be
using the facility and benefiting from the improvement. The
dynamics are different in different areas, and what works in one
particular area may not be the best approach for Indian River
County.
Director Davis felt that supports the fact that the Beach
Plan needs to be a living document. Beach erosion is not a new
science, but it certainly is one that has been most innovative in
the past. As everyone struggles with a solutions, we need to
take those things and see how they compare to Indian River
County, and if they apply, we should insert them as alternatives
in this document.
Commissioner Wheeler wanted to see us pursue a way of
raising funds to support the maintenance whether through taxing
BOOK 73 `.{JC. 496
M
districts or another means, but at least work in that direction
to see what opposition we are going to run into and see if it is
a feasible way to approach solving our problems. He realized it
is not going to solve the beach nourishment problem, but he felt
it certainly can help along with what the Sebastian Inlet is
doing. Commissioner Wheeler believed that based on talking with
Tom Gardner of the State that not too far in the future a
transfer plan is going to be a realty. However, even at that you
are looking at approximately 25 years for that sand to move down
the beach after it starts transferring across the Inlet. He
believed this is a beginning for an on-going maintenance program
that is going to help our parks, our residents, our beach and our
tourist industry. There is going to be a lot of positive from
it. Of course, the question is the costs. You can fix most
anything today if you are willing to pay for it, and that is why
he felt we need to look for some sort of a funding mechanism to
enact to see if we can make this work. If that doesn't work,
then the other alternative would be a county -wide type approach
which should have voter input and a referendum. First, however,
he would like to approach it from the angle of developing taxing
districts.
Chairman Scurlock felt that we need a coordinating effort
and should continue to have an open dialogue with the State
because they have the resources to address the problem for the
entire coastline, such as dredging machines that go up and down
the coast on a continuing basis. Of course, individual local
problems need another approach. He believed the decision
ultimately needs to be made by the community to determine how
much resources they want to dedicate to the problem.
Commissioner Bird felt that we need to have a mass education
effort, and perhaps we can condense the information in this
report to give to various committees and groups to explain the
problems and recommendations to the taxpayers.
L
67
Boor 73 P,�UF 497
Commissioner Bowman felt that this is a big, big problem and
and urged further consideration of where the dune was originally
before any dune revegetation is begun.
The Commissioners thanked Dr. Edge for his presentation of
the Indian River County Beach Plan.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously authorized
final payment to Cubit Engineering.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:45 o'clock A.M.
ATTEST;
-- s
�t.
Clerk
01
Chairman
BOOK. �'�`