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HomeMy WebLinkAbout4/11/1989Tuesday, April 11, 1989 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, April 11, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler asked that the Library Parking Agreement with the First Baptist Church be added to the Agenda, and Commissioner Bowman requested the addition of a discussion in regard to inviting Okeechobee County to join the Tri -County Council of Local Governments. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the addition of the above described items to the Agenda. CONSENT AGENDA Commissioner Eggert requested that Item D be removed from the Consent Agenda for discussion. APR 111989 BOOK. 7C Ft,;i .5�_ Fr - APP 111989 BOOK 76 FACE 517 A. Minutes of Regular Meeting of March 21. 1989 The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of March 21, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of March 21, 1989, as written. B. Reports The following reports were received and placed on file in the Office of Clerk to the Board: Report of Convictions, Month of February, 1989 Combined Financial Statements and Auditor's Reports, Delta Farms Water Control District, ending September 30, 1988. C. Approval of Appointment of Deputies by Sheriff Dobeck ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the reappointment of 187 Deputies by Sheriff Dobeck (names of whom are on file in the Office of Clerk to the Board) and approved the appointment of 3 new Deputies, as follows: Robert W. Hall John W. Sharp Gregory A. Whitton 2 INN D. Resignation from Code Enforcement Board (Barth) The Board reviewed letter from Mr. Barth: BARTH CONSTRUCTION, INC. General Contractor March 28, 1989 Board of County Commissioners Indian River County Administration Building 1840 25th Street Vero Beach, FL 32960 Attn: Ms. Jan Masi Dear Sirs, Due to a significant increase in my business workload for this year, must submit my resignation as board member on the Code Enforcement Board. Thank you for the opportunity to have served. Sincerely, tai ,6"eio Phil H. Barth III President Commissioner Eggert c•, <y�`3� •°tip ��,�t� understood that we don't have applicants to fill this vacancy, and suggested that we any ask the building associations to submit some names as this seat is to be filled by a general contractor. APR 111989 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert„ the Board unanimously accepted the resignation of Phil Barth, 111, from the Code Enforcement Board with regret and authorized the Chairman to send letters to the Associated General Contractors of America and the Treasure Coast Builders Association asking them to submit some names for this appointment. 3 BOOK 76 PAGE 518 Pr - APR 111989 BOCK 76 ocL 519 E. Report of Occupational License Taxes Collected - 3/89 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously accepted the following report from Tax Collector Morris: MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: April 3, 1989 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $6,295.91 was collected in occupational license taxes during the month of March, 1989, representing - the issuance' of 191 licenses. Xr/14444.-- ene E. Morris, Tax Collector F. Out -of -County Travel 4. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved out -of -county travel for Commissioners to attend the FACo Legislative Day to be held Wednesday, May 10th, in Tallahassee. G. Budget Amendment #066 - Vero Beach Library Donations The Board reviewed the following memo from OMB Director Baird: 4 TO: Membersof the Board of County Commissioners DATE: March 29, 1989 SUBJECT: BUDGET AMENDMENT 066 - VERO BEACH LIBRARY DONATIONS CONSENT AGENDA (t FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The Vero Beach Library recently received approximately $4,045.00 in contributions. Of this amount $2,045.00 was donated by the Friends of the Library, $1,000.00 came from Exxon Corporation and $1,000.00 from Lockwood Oliver. Mary Powell, Library Director, has requested that $3,045 of these funds be applied towards Subscriptions, the remaining $1,000.00 used for Library Display and Furniture. RECOMMENDATION Staff recommends that Budget Amendment 066 be approved for $4,045.00, in the distribution stated above. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment #066 distributing the donations made to the Vero Beach Library as follows: TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 066 DATE: March 29, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease REVENUE: GENERAL FUND Vero Beach Library/Donations 001-000-366-095.00 S 4,045.00 S 0 EXPENSE: Subscriptions 001-109-571-035.46 $ 3,045.00 $ 0 Library Display/Furniture 001-109-571-066.43 S 1,000.00 S 0 5 APR 11 1989 BOOK 76 PAGE 4 Pr - APR 111989 H. Bid #89-55 - Oftanol 2 Liquid Insecticide BOOK 76 FACE 52.E The Board reviewed memo from CPO Manager Dominick Mascola: DATE: March 30, 1989 T0: Board of County Commissioners THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of GenerSe Services FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID#89-55 Oftanol 2 Liquid Insecticide BACKGROUND The subject bid for Sandridge Golf Course was properly advertised and six (6) Invitations were sent out. On March 28, 1989 bids were received. Five (5) Firms submitted proposals for the commodity. odity. ANALYSIS: Staff has received the submittals to ascertain adherence to specifications. Wheeler Fertilizer Company was the low bidder. FUNDING: Monies for this project will come frau Acct. #418-221-572-035.38. Total Budget Funds is $18,102.00. RECOMMENDATION: Staff recommends the award of a fixed contract for $4,392.00 to to the low bidder Wheeler Fertilizer Company. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid 89-55 for 90 gallons of Oftanol 2 Liquid Insecticide to the low bidder, Wheeler Fertilizer Company, Oviedo, Fla., in the amount of $4,392, per the following Bid Tabulation: 6 • BOARD OF 184o nth • mi.....: Mal 110740130 • • COUNTY COMMISSIONERS sbett, vera Beach. Ftw da 32960 � stool. 7.000.0..: 714,011 • $1092.00 Daae 3_28-89 PURCHASING DEPT. . BID TABULATION By Dominick L Mascoia 5ukrnitted PURCHASING MAN +GER No989-55 Date Of opening 4 3-28-89 Bid Title OFTANOL 2 LIQUID INSECTICIDE awER P 4 "' v' i. —Bid * 'w'°',. R * 'Pl•ORIO*` . Recommended Award WHEELER FERTILIZER COMPANY 1. WHEELER FERTILIZER co.• $4,392.00 2. ESTECH BRANDED FERTILIZER, INC. 0,410.00 3. HARRELL'S INC. 54.495.50 • 4_ men INC_ $4.500.00 5. HELENA CHE UCAt COMPANY t4 J3S nn , 1 1 + 1. Proclamation - Soil & Water Stewardship Week PROCLAMATION• WHEREAS, the will -being of our people depends upon the production of ample supplies of food. fiber and other products of the soil, and WHEREAS, the quality and quantity of these products.depend upon the conservation, wise and proper management of the soil and water resources and WHEREAS, protection of our surface waters from pollution is dependent upon protection of soils from being blown or washed into those waters, and WHEREAS, conservation districts provide a practical and democratic organization through which landowners are taking the initiative to conserve and make proper use of these resources; and WHEREAS, the soil conservation movement is carrying forward a program of soil and water conservation in cooperation with numerous agencies and countless individuals11 NOW, THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of April 30 — May 7, 1989 be designated as SOIL AND WATER STEWARDSHIP WEER in Indian River County, and the Board further acknowledges the value of our soil and water resources to the public welfate, and desires to honor those who protect those resources. Dated this llth day of April, 1989. APR 1 1 1989 7 BOARD. OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BOOK 76 FACE.5 2 APR 111999 BOOK 76 PAGE 523 J. Resolution re DER Waste Oil Grants Program The Board reviewed memo from Ron Brooks, Manager of the Solid Waste Disposal DistrJCT: DATE: APRIL 5, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO, DIRECTOR SOLID WASTE DISPOSAL DISTRICT /^� FROM: RONALD R. BROOKS, MANAGER t6 SOLID WASTE DISPOSAL DISTRICT SUBJECT: FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION WASTE OIL GRANTS PROGRAM BACKGROUND Section 403.708 (15), Florida Statutes, prohibits the disposal of used oil in a landfill after October 1, 1988. Inasmuch as the Solid Waste Disposal' District is responsible for Solid Waste Management in Indian River County, it is essential that The District provide to the public an acceptable program for the management and recycling of waste oil so as to preclude unauthorized disposal in the landfill or other locations. The Florida Department of Environmental Regulation is providing grant funds to counties for capital expenses and public information programs associated with the establishment of a waste oil recycling program. The Solid Waste Disposal District has applied for a grant and has been authorized a preliminary grant in the amount $21,080.00. Prior to providing final approval of the grant, The Department of Environmental Regulation is requiring that The Board of County Commissioners approve the proposed waste oil collection sites for which the proposed grant funds will be utilized. ANALYSIS A waste oil recycling program is outlined in the attached Resolution. The program will include but not be limited to the specific items indicated in The Resolution. The primary concern of The Department of Environmental Regulation is that the Board be aware of, and approve, the location of the proposed waste oil collection centers at the landfill and the three Solid Waste Collection Centers (Oslo, Fellsmere, and Roseland). RECOMMENDATION Staff recommends that The Board of County Commissioners approve The Resolution and authorize The Solid Waste Disposal District to obtain the grant funds for implementation of a waste oil recycling and educational program that will include construction of waste oil collection centers at the four sites identified in the resolution. 8 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 89-35 authorizing the Solid Waste Disposal District to apply for all grants available for a waste oil recycling and educational program as recommended by staff. RESOLUTION NO. 89-35 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, AUTHORIZING THE SOLID WASTE DISPOSAL DISTRICT TO APPLY FOR ANY AND ALL GRANTS AVAILABLE TO THE COUNTY FOR WASTE OIL COLLECTION AND RECYCLING, AND AUTHORIZING THE SOLID WASTE DISPOSAL DISTRICT TO UTILIZE THESE FUNDS FOR IMPLEMENTATION OF A WASTE OIL •RECYCLING PROGRAM OUTLINED HEREIN. WHEREAS, Indian River County, at great expense, assumed full responsibility for the management and disposal of the solid waste stream generated in the municipalities and unincorporated areas of the county; and WHEREAS, waste oiIsbare prohibited in the county landfill and must be collected and recycled; and WHEREAS, it is essential that the Solid Waste Disposal District provide to the public a means of safe management, collection, and recycling of waste oils; and WHEREAS, the Florida Department of Environmental Regulation (DER) provides grant funds for used -oil recycling projects; and - WHEREAS, the DER has authorized for disbursement to Indian River County a preliminary waste oil recycling grant of $21,080; and 9 APR111989 BOOK [AGE 52,4 APR 1 1 1989 BOOK 76 PAGE 525 WHEREAS, prior to providing final approval of the grant, the DER requires that the Board of County Commissioners approve, by resolution, the specific waste oil recycling program for which the grant funds are to be expended, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Solid Waste Disposal District is authorized and requested to continue its pursuit in obtaining waste oil recycling grant funds and to utilize those funds in the implementation of a waste oil recycling program, including but not limited to the following: With the proposed grant funds, the Solid Waste Disposal District intends to establish four oil recycling collection centers. The centers will be located as follows: 1. The Indian River County Landfill, 2. The Oslo Solid Waste Collection Center, 3. The Fellsmere Solid Waste Collection Center, and 4. The Roseland Solid Waste Collection Center. A waste oil collection tank of 560 to 1,000 -gallon capacity will be provided at each collection center. The tanks will be mounted in a concrete spill containment area to control and recover any spillage or leakage. The containment area will be roofed to provide shelter for the oil recycling operations as well as preclude rain water from collecting in the concrete spill containment area. The tanks and spill containment area will be designed and constructed in compliance .with standards set by DER's tank rules. A 1,000 -gallon tank will be mounted on a roll -off 0.0 container for transfer of waste oil from the three other solid waste collection centers to the county landfill, which will serve as the main depot for all waste oils collected. 10 The portable roll -off tank will have a pump for pumping oil out of the collection tanks located at the solid waste collection centers. The roll -off tank will be designed and constructed as a portable, self-contained unit with leakage and spill --containment capabilities meeting the standards set by DER's tank rules. The portable roll -off tank will also be used for waste oil collection on scheduled "amnesty days" and for emergency recovery of oil spills. All waste oil that is collected will be picked up for recycling from the county landfill depot by a licensed, commercial waste oils transporter. The Solid Waste Disposal District will be responsible for the public education, operation, and reporting require- ments for the waste oil collection centers. All centers will be fenced for security and manned during normal operational hours to provide assurance of compliance with state and federal rules concerning used oils. The public edcucation program will incude signs, posters, educational handouts, newspaper article's, and television/radio notices. The foregoing resolution was offered by Commissioner %Scurlock'.. . -and seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of April, 1989. deo Attest 11 APR 1 1 1989 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Gary .ettheeIer Cha G/rma n BOOK (D PAGE 526. APR 11 1989 BOOK 76 PAGE 527 K. Release of County Liens The Board reviewed memo from the County Attorney's Office: TO: Board of County Commissioners FROM: Lea R. Keller, County Attorney's Office DATE: March 29, 1989 RE: CONSENT AGENDA - BCC MEETING 4/11/89 RELEASE COUNTY LIENS 1 have prepared the following lien releases and request the Board authorize the Chairman to execute them: Lot 242 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES Lot 237 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES Lot 16 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES Lot 25 of RIVER SHORES ESTATES, UNIT #1 in the name of GEORGE K. WILCOX Lot 12 of RIVER SHORES ESTATES, UNIT #2 in the name of RICHARD A. DAVENPORT Lot 7 of SEMINOLE SHORES SUBD., in the name of SWEDISH INVESTMENTS OF FLORIDA, INC. Lot 10, Block 1 of LONE PALM PARK, in the name of WILLIAM E. ALEXANDER Lots 13 and 14, Block 1 of LONE PALM PARK, in the name of JOSEPH A. FEDELE ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimouslyauthorized 99 the Chairman to execute the Release of Liens listed in the above memo dated March 29, 1989. COPIES OF SAID RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD L. Release of Memos of Option to Purchase under "Save Our Coast" Program The Board reviewed memo from the County Attorney's Office: TO: Board of County Commissioners (- 6E.7. FROM: Lea R. Keller, Co nty Attorney's Office DATE: April 4, 1989 RE: CONSENT AGENDA - BCC MEETING 4/11/89 RELEASES OF MEMOS OF OPTION TO PURCHASE In connection with the purchase of the Golden Sands property for the Save Our Coast program, Indian River County placed options on several parcels along A -1-A. Two of the parcels which were not acquired by the County are now being sold, and the title company issuing title insurance has requested the County to formally release these options even though they have technically already expired. I have prepared the following lien releases and request the Board authorize the Chairman 'to execute them: 1. Memorandum of Option in O. R. Book 676, Page 2119, of the Public Records of Indian River County Florida, in the name of GOLDEN SANDS INTERNATIONAL, INC. 2. Memorandum of Option in O. R. Book 666, Page 2894, of the Public Records of Indian River County Floirda, in the name of GOLDEN SANDS INTERNATIONAL, INC. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously authorized the Chairman to execute the Options listed above. RELEASES OF OPTIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. Historic Survey Grant (Application for Incorporated Cities Area The Board reviewed the following memo from Roland DeBlois, Chief of Environmental Planning: APR 111989 13 BOOK r'`' � 528 Fr - APR 1 1 1989 BOOK 76 PAGE 529 TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: A//4J2 Robert M. eat�C , A Community Devel men Di p rector FROM: Roland DeBloish Chief, Environmental Planning DATE: April 5, 1989 SUBJECT: HISTORIC SURVEY GRANT APPLICATION FOR INCORPORATED CITIES AREA It is requested that the data herein presented be given formal consideration by the $Board of County Commissioners at their regular meeting of April 11, 1989. DESCRIPTION & CONDITIONS On March 28, 1989, the Board 6f County Commissioners authorized staff to contact local municipalities to determined their willing- ness to finance their share of an expanded historic survey to include incorporated areas of the county. If the municipalities agree to pay their share of the project, an amended contract with Historic Property Associates wou]„d be forthcoming and authorized accordingly. While staff have not yet verified the municipalities' willingness to participate, there is presently an opportunity for the County to apply for a Historic Preservation Grant -in -Aid from the Department of State, Division of Historic Resources, to provide up to 50% of the funds needed for the project. The grant application deadline is April 17, 1989. County staff request that the Board authorize staff to proceed with a Historic Preservation Grant -in -Aid application to meet the April 17, 1989 submittal deadline, even though the extent of incorporated municipality participation has not yet been verified. ALTERNATIVES & ANALYSIS: Historic Property Associates, Inc. have substantially completed the work involved in submitting the referenced grant application. The cost estimates of the incorporated historic survey have been slightly modified from the information presented on March 28, 1989 (see the attached letter and application). Successful application for the Grant -in -Aid, however, would cut the estimated cost in half, to a total municipal cost of $9,440.00, to be shared among the participating municipalities. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to submit an application for Historic Preservation Grant -in -Aid for a historic survey of the incorporated county, for the amount of $9,440.00, to be matched by Indian River County as shared with participating municipalities. 13a ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously authorized staff to submit an application for Historic Preservation Grant -in -Aid for the amount of $9,440, to be matched by the County as shared with participating municipalities. COPY OF SAID APPLICATION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. SHERIFF'S FIREARMS RANGE Commissioner Bird advised that they are going to need at least another week to come back with anything firm on this matter. As suggested at last week's meeting, he, Jim Davis, Ron Brooks from Utilities and Roy Raymond from the Sheriff's office went out to the Landfill to look at the possibilities of using that for a firing range. Unfortunately, they could not find a site out there that is Targe enough or in the proper area for a gun range. It did make sense to use that big mound of earth out there asa back berm for the firing range, but immediately adjacent to that is a huge lake that we have created by dredging material to build that mountain. So, there is no dry land there to shoot from. The whole acreage out there is pretty well used up in the master plan they have completed for the Landfill area. Their search took them to other properties in the vicinity and also to the west side of 1-95 that could have a potential use for a range facility as well as some potential use to the Utilities Dept. as a borrow area. Bill Stegkemper, member of the Firing Range Committee, emphasized that they have been looking for property for the last 5 years, and felt we need to refocus on the area west of 1-95 near CR -512. Commissioner Bird advised that they will be coming back with something next week. 14 BOOK 76 FAGE.5:3O APR 1 1 1989 APR 1 1 1989 BOOK 76 PAGE 531 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board tabled this item for one week. CHANGE IN CAPITAL EQUIPMENT - SANDRIDGE GOLF COURSE The Board reviewed the following memo dated 3/31/89: TO: Members of the Board of County Commissioners THRU:- Joe Baird Director of Budget Zt1J: Bob Kamarinetz Director of Gol FROM: Roger Welker Grounds Supt. DATE: March 31, 1989 UBJECT: Change in Capital Equipment REFERENCES: FILE: As of this date we have purchased approximently $28,000 worth of new equipment. This equipment includes 3 walking greens mowers, 1 triplex greens mower with turfgroomers, 2 E -Z Go transportation vehicals and 3 small trailers for transporting the walking greens mowers. The equipment which was proposed in 1988 for this years budget is listed below. 1) Triplex greens mowers w/groomers 2 ea. $28,000 2) Cushman Truckster 7,000 3) Turf Vacuum 7,000 4) 5 Gang Rough Mower 12,000 5) Tractor of Rough Mower 10,000 6) Large Brush for Ray's 2,500 7) Verticutter Reels for Ray's 4,000 8) E -Z Go Turf Vehical- 4,500 Total $75,000 This list was prepared last summer, since then we have changed our priorities as far as equipment purchases. Below is an updated equipment list which I hope you approve. 1) Triplex GreensMower w/groamers 1 ea. 12,500 2) Walking Greens Mowers 3 ea. 6,500 3) mall Trailers for Walking Mowers 3 ea. 1,150 4) E -Z Go Turf Vehicals 2 ea. 7,000 5) 15 gal. sprayer for E -Z Go 1 ea. 250 6) 5 Gang Rough Mower 13,500 7) Verticut Reels for Ray's 3 ea. 4,500 8) Deep Tine Turf Aerifier 7 ft. 2,600 9) Turf -Vacuum 5 ft. 5,750 10) Hydraulic Lift Table for Shop 3,500 11) Rotary Mower with catcher (for new entrance) 5,000 Total $62,250 Note the total amount to be spent comes out less than the original budget by almost $13,000, so as you can see I'm not asking for additional funds just to change types of equipment. Items 1 thru 5 on the updated list have already been purchased. Items 6 thru'll still need approval. Please call if there are any questions. 15 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved staff's request to purchase the equipment as listed above in the amount of $62,250. PUBLIC HEARING - SAMUEL REQUEST TO REZONE PROPERTY FROM RM -6 TO CL The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that,the attached copy of advertisement, being in the matter of , -�fi!zeueL in the _ %�Court, was pub- lished in said newspaper in the issues of ' . -2It 'l 'i /71j 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 pt blished 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. D 19 h.,3 Sworn to and subscribed before me this _._ % daffy of (SEAL) APR 11 1989 ,(Business Manager) " y�yyr�eLlS...s erk o e irc ti ,intran Rlver8airttp Florida)-- slidouu'�dcg+k% Jill A.•✓in MA •4. N ilii, Mki `•NOTICE — PUBLIC HEARING - Notice of hearing to consider the adoption of a County ordinance rezoning land from: RM -8, Multi -Family Residential District to CL, Limited Commercial District. The subject properly Is pre- sently owned by Theodore J. Samuel and is lo- cated at the southwest corner of U.S. 1 and 73rd Street, east of the FEC Railroad. The subject property Is described as: That part of the N. ''A of the NE 'A of the SW 'A of Section 3, Township 32 South, Range 39 East, lying West of the west right-of-way line of U.S. Highway *1 (S.R. #5). Less that part lying West of the West R/W of FEC. Railroad and also less R/Ws. Said land lying and being in Indian River County, Florida. A public hearing at which parties In interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, In the County Commission Chambers of the County Administratlon Building. located at 1840 25th Street, Vero Beach, Florida on Tuesday, April 11, 1989, at 9:05 a.m. The Board of County Commissioners may grant a less intense zoning district than the dis- trict requested provided it is within the same general use category. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made which includes the testimony and evi- dence upon which the appeal is be based. Indian River County • Board of County Commissioners By: -s -Gary Wheeler, Chairman March 21, 1989 16 EkOOK 76 tA,E 532 Pr - APR APR 11 1'1989 BOOK 76 FACE 533 The Board reviewed the following memo dated 3/28/89: TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: Ro•ert . Keating Community Develo•mentj%irector FROM: Robert M. Loeper Staff Planner DATE: March 28, 1989 SUBJECT: O'Haire request to rezone property from RM -6 to CL. eniL It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 1989. DESCRIPTION AND CONDITIONS Michael O'Haire has submitted a request to rezone a parcel of land from RM -6, Multi -Family Residential District (up to 6 units/acre) to CL, Limited Commercial District. The parcel contains 5.78 acres and is located at the southwest corner of the intersection of Highway U.S. 1 and 73rd Street. In January, 1988, the Board of County Commissioners denied a county initiated request to rezone approximately 42.5 acres in the vicinity of the subject parcel from commercial and industrial districts to residential districts. The request was intended to zone these parcels in conformance with the Winter Beach Small Area Plan. The staff was also directed to "revisit" the small area plan. On February 23, 1989, the Planning and Zoning Commission voted 5-0 to recommend approval of this rezoning request. The rezoning application was amended from CH, Heavy Commercial to CL, Limited Commercial with Mr. O'Haire's approval at that time. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a description of the current and future land uses of the site and' surrounding areas, potential impacts on the transportation and utility sys- tems, and any significant adverse impacts on environmental quali- ty. Existing Land Use Pattern The subject property is undeveloped and is currently zoned RM -6. The property to the north, across 73rd Street, is zoned CL, Limited Commercial. This property is vacant except for one parcel which contains a residence. At the northeast corner of US 1 and 73rd Street, is a triangular shaped vacant parcel with CL, Limited Commercial zoning. This parcel is part of the US 1 /Hobart Road Commercial Node. Property .to the east is zoned RM -3, Multi -Family 17 Residential (up to 3 units per acre).Some of these vacant parcels are part of the Copelands Landing planned residential development project. Immediately south of the subject property is vacant land with RM -6 zoning. West of the property is Old Dixie Highway and the Florida East Coast Railroad (FEC). Property west of the FEC is zoned IG, General Industrial, to a depth of 300 feet. Existing land uses in this area include vacant land along North Winter Beach Road, residential property to the north of that, Citrus Groves west of the subject property and a concrete mixing facility northwest of the subject parcel. Future Land Use Pattern The subject parcel and surrounding property west of U.S. #1 have a MXD - Mixed Use land designation. The MXD district extends to a depth 300 feet west of the FEC right-of-way. Property east of U.S. 1 has a LD -1, Low -Density Residential District, (up to 3 units per acre) land use designation. The 50 acre Hobart Road/U.S. 1 commercial node extends south to the northeast corner of U.S. 1 and 73rd Street. In,the Winter Beach Small Area Plan, the subject parcel is designated residential. Transportation System The subject parcel has frontage on three roads: U.S. Highway 1, Old Dixie Highway and 73rd Street. U.S. 1 is designated a princi- pal arterial. This four lane divided highway functions as the major north/south route within the county. Old Dixie Highway is a two lane road designated as a collector road on the Thoroughfare Plan. Seventy-third Street, also a two lane road, is designated as a subdivision collector road. These roadways are currently operating at level -of -service (los) "A". Road access from the subject parcel would be addressed during site plan review. Environment The comprehensive plan does not designate the subject property as environmentally sensitive nor is it located within a flood prone area. Utilities Public water is currently not available to the subject site nor are there any plans to extend service to this area at the present time. Sewer service is also not currently available; however, service could be provided as part of the North County Sewer System. A lift station is proposed for the Copelands Landing project. Analysis In reviewing this request, staff examined the existing land use pattern, and the proposed land use pattern set forth in both the Comprehensive Land Use Plan and the Winter Beach Small Area Plan. As indicated, the requested rezoning is a higher intensity than that currently permitted; however, the CL, Limited Commercial, zoning would be consistent with the MXD land use designation. A review of surrounding property indicates that little development has occurred in this area, with most land uses being vacant land or agriculture along with some scattered residential. APR 11 089 18 BOOK F°r 534 14P R 11 1989 BOO 76 PAGE 535 Of the total 430 acres in the 3 nodes and the MXD area in Winter Beach, vacant land and agricultural uses occupy nearly 350 acres or more than 80%. Commercial and Industrial uses, on the other hand, occupy 17 and 13 acres, respectively. Together, commercial and industrial uses total 7% of the 430 acres. Within the MXD, residential uses total 37 acres, while commercial and industrial uses total 10 acres and 6 acres, respectively. A review by zoning districts reveals that industrial and commercial categories dominate with 50% (217 acres) and 30% (128 acres)) respectively. Multi -family zoning, however, occupies nearly 25% (70 acres) of the MXD area. While the MXD land use designation permits a broad mixture of land uses, MXD areas were not intended to be strictly commercial; instead, they were intended to provide redevelopment in accordance with the dominant land uses in the area. The Comprehensive Plan set nodes and the commercial corridor as the principal locations for commercial and industrial uses. Such non-residential uses should therefore be limited to nodes or the commercial corridor, except for those portions of MXD areas where commercial or industrial uses predominate. If MXD areas had been intended to function primarily as commercial areas, they would have been designated as commercial and not MXD. Since the comprehensive plan has policies to discourage strip commercial development and much of the land abutting US #1 is designated as MXD and not commercial, this indicates that the plan rejects the argument that all areas adjacent to US #1 which are not within nodes should be commercial. Instead, the plan indicates that those areas along US #1 which are not within nodes should be residential, but because of a mixed development pattern including some existing commercial uses; an MXD designation would be appropriate to permit land use flexibility in dealing with unique areas. A detailed plan for the MXD area in the vicinity of the subject rezoning request was provided in the Winter Beach Small Area Plan. This Small Area Plan was developed to act as a supplement to the Comprehensive Plan and serve as a guide for future rezoning and development review within the Winter Beach area generally and the MXD part of that area particularly. The primary focus of this plan was to assess the Winter Beach MXD area to determine dominate uses in various parts of the MXD and to then develop a detailed land use plan for the Winter Beach MXD area. That small area plan designated the subject property as residential. The Winter Beach Small Area Plan designated the subject parcel as residential for several reasons. First, by designating vacant land as residential, existing residential areas would be protected from further encroachment by commercial and industrial uses. Second, future commercial and industrial uses would be directed into the 3 Winter Beach area nodes. As per prior direction by the Board of County Commissioners, the staff is revisiting the Winter Beach Small Area Plan's land use designations. The staff is doing that in conjunction with development of the. new Comprehensive Land Use Plan. This review will examine the status of existing land uses, future land use needs, and the appropriateness of existing regulations. For now, however, the existing Comprehensive Plan, the plan's policies, and the existing development in the area support retention of the existing zoning. 19 Conclusion The subject parcel is located in a relatively undeveloped area of U.S. 1 between Vero Beach and Sebastian. An analysis of the existing commercial and industrial nodes in the Winter Beach Area and the MXD indicates that there is an ample supply of commercially and industrially designated land to accommodate current and near future demand. The subject parcel has a depth ranging from 350 feet to over 400 feet between U.S. 1 and Old Dixie Highway. The parcel also has over 600 feet of U.S. 1 frontage and 700 feet on Old Dixie. It is staff's opinion that the parcel is .suitable for multi -family housing. Given these circumstances, staff cannot justify support of this request. RECOMMENDATION Based on the analysis performed, staff recommends that this request for commercial zoning be denied. Robert Keating, Director of Planning & Development, explained staff's recommendation for denial of this rezoning request. From an aerial view of the site, he showed the various zonings surrounding the subject parcel. Since there is a lot of undeveloped land in the area, there is not a significant pattern of industrial or commercial use. This area was designated MXD because of the mixed pattern of uses and because it was really difficult to take that long, extensive area and determine how the land uses should be structured. The text of the Comp Plan itself gives some guidelines that MXD areas should be developed in the predominant land use pattern in the area. Commissioner Scurlock asked Director Keating to address the strip commercial along one of the policies in proliferation of strip there, and Director the Comp Plan is to Keating explained that reduce or prevent the commercial development in this county. One of the difficult issues this Board past is whether or not there should be way up and down U.S. #1. He believed has wrestled with in the a commercial strip all the there are more residential uses adjacent to U.S. #1 in this county than there are in the other east coast counties. There are many problems with strip commercial development which relate to traffic, aesthetics and general use types of use that occur with them. Some of these problems can be minimized through good site planning and land- scaping requirements, etc, but what you generally get is an inefficient land use pattern. APR 11 1989 20 BOOK 76fE5, APP _1199 BOOK 78 `aH 537 Commissioner Eggert recalled that when she served on the Planning & Zoning Commission, this was one of the most difficult areas to structure, and felt this area went to MXD because of the presence of one house. She believed, however, that there was a feeling that it would end up commercial. The intent was to put in as much residential as we could along there, but this was one of the biggest struggles they had. Commissioner Bird pointed out that while the Board always has felt strongly against strip commercial along U.S. #1, he could not think of any new residential areas to the north or south that have been created in this strip in spite of our attempts to keep it residential. Since this property is only 400 feet deep, he just was not sure that we could force residential to exist there. Commissioner Bowman suggested that it be zoned to something in between residential and light commercial. She emphasized that the Winter Beach Small Area Plan was to have solved all of these problems, and this was designated as multi -family residential. Commissioner Eggert pointed out that the Board asked staff to revisit the Winter Beach Small Plan and that is being done in conjunction with the new Comp Plan. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. Attorney Michael O'Haire, representing owner Theodore J. Samuel, felt that Commissioner Bird has said it all, because you have got to consider the physical characteristics of the property. Henry Flagler built his railroad where it is; the State came along and put Old Dixie Highway next to the railroad; and U.S. #1 was built 300 feet away and running parallel to the railroad and Old Dixie Highway. So, we have this strip of land that is not now, and never will be, suitable for residential development, and to force it into a residential category is to invite the creation of slums. Yes, it is going to be strip 21 commercial, but that is how it turned out geographically. It just cannot be forced into a residential use, and that is really denying the property owner any realistic use of his property. Attorney O'Haire recalled that the MXD was created for this area just because nobody knew how to cope with the peculiar geographical characteristics of this strip. The Winter Beach Small Area Plan didn't deal at any length with the property Tying east of the railroad and between U.S. #1 and Old Dixie Highway. The concentration was west of the railroad. The property south and north of this is commercially zoned, and will be used for commercial. Attorney O'Haire emphasized that commercial is the only reasonable use of the property, and urged the Board to approve the rezoning as recommended by the Planning & Zoning Commission. Commissioner Bowman felt that Copeland's Landing and all that nice residential area that will develop on the east side of U.S. #1 deserves some protection, but Attorney O'Haire believed that U.S. #1 is a considerable buffer between the two uses, since it probably will go to more than 4 lanes in the future and have a considerable median strip. Jack Mitchell, 220 Sandpiper Point, pointed out that the zoning notice they received states that CH (Heavy Commercial) zoning was requested, and Director Keating explained that the initial request for CH was reduced to CL (Limited Commercial) for this meeting. Mr. Mitchell objected to the applicant's request for rezoning because he believed the applicant purchased the subject property with the full knowledge of how it was zoned. He felt that if this is permitted, it will result in spot zoning and have an adverse impact on what U.S. #1 can be in the future as it moves through Winter Beach. Mr. Mitchell emphasized that the County has spent thousands of dollars to develop a small land use plan in Winter Beach; Grand Harbor is nearby; Harbor Town 22 APR 11 1989 RUCK 76 FA E 538 Pr" APR 111989 BOOK 76 PACE 539 Shopping Center is coming; and it will be a lovely area if we don't permit it to be prostituted by individuals who are trying to change the zoning that has been established. He believed we have the responsibility to protect Winter Beach because it cannot protect itself. He further believed that the requested zoning would not be in the best interests of the County and that it would set a precedent that would be difficult, if not impossible, to control in the future. In conclusion, Mr. Mitchell commended the Commission on their past efforts to protect Winter Beach, and urged them to continue those efforts by denying this rezoning request. There being no others who wished to be heard in this matter, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert, that the Board rezone the subject property from RM -6 to CL, Limited Commercial, as recommended by the Planning & Zoning Commission. Under discussion, Chairman Wheeler stated he was not going to be able to support the Motion because he considered it strip commercial, and because of the need for multi -family residential in this county. At the request of Commissioner Scurlock, Director Keating explained that the CL zoning would permit convenience stores and some limited repair shops such as shoe repair. Commissioner Scurlock was concerned about some of the high intensity uses that are allowed in the CL zoning district, especially convenience stores. He agreed with Commissioner Bird that there is a uniqueness here that doesn't lend itself extremely welt to residential as the best use of the Land, and wondered if there is a zoning category in between this and residential that would not allow the higher intensity uses. 23 Commissioner Bird pointed out that there are special exceptions in the various zoning categories, but Director Keating advised that repair stores, variety stores, and furniture stores are special exceptions, and gasoline sales at convenience store locations are administrative permit uses. Commissioner Bowman asked if CL would allow restaurants, and Director Keating confirmed that it would. Commissioner Bowman still maintained that the zoning should be something between CL and residential. Attorney O'Haire agreed with Commissioner Scurlock's concern about convenience stores and gas stations, but felt it is the use, not the location, that is the problem. He felt the way to approach that is through the Zoning Code itself by adding more restrictions regarding locations and requiring more buffering. Chairman Wheeler felt this rezoning is a little premature because of the ample supply of commercial/industrial zoning up there, and because he was not so sure that it cannot be developed at multi -family residential. He didn't believe we were staggering any growth in that area either way, and Commissioner Bowman agreed. Commissioner Scurlock asked if we had the ability to choose some other category today, and Attorney Vitunac advised that the Board can consider any zoning in the same category that is Tess intensive than what was advertised for the public hearing. Director Keating advised that OCR (Office, Commercial Residential District) is a lower zoning than CL and is limited primarily to offices and some commercial accessory uses. It does allow medical offices now. The PRO (Professional Office District) is allowed in MXD and is more restrictive than OCR. You cannot put a convenience store in PRO. Commissioner Scurlock asked if the applicant would consider anything lower such as the PRO, but Attorney O'Haire didn't feel the property was suited for law offices or medical offices. 24 � APR 111989 ROOK Fi 6 mE 540 APR 11199 BOOK 76 PAGE 541 Chairman Wheeler emphasized that this happens all the time. People come in and buy the property knowing full well how it is zoned, and then when they want to up zone it, they come in and start knocking it and say how worthless it is. Commissioner Eggert admitted that the more she stares at this, the more she wishes it was OCR. Commissioner Scurlock stated he would vote against the Motion as it stands, but would support a Motion for something more restrictive than CL. COMMISSIONER EGGERT WITHDREW HER SECOND OF COMMISSIONER BIRD'S MOTION, AND THE MOTION DIED FOR LACK OF A SECOND. Attorney Vitunac explained that since the Motion died for lack of a second, the applicant can request another zoning in the fi same general category that is less intense. The applicant may also decide to totally withdraw, but Attorney O'Haire stated that, "anything is better than residential." Chairman Wheeler reopened the Public Hearing in consideration of the OCR zoning district, and asked if anyone wished to be heard. Jack Mitchell, 220 Sandpiper Point, stated that while they realize the need for low cost family housing in the area, they would not object to PRO or OCR zoning. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board adopted. Ordinance 89-11, rezoning ±42.5 acres from RM -6, Multi -Family Residential District, to OCR (Office, Commercial, Residential District), for property generally located at the southwest corner of U.S. #1 and 73rd Street. 25 ORDINANCE NO. 89- 11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT; FOR THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF U.S. HIGHWAY #1 AND 73RD STREET, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinaftezz described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners: of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: That part of the N. } of the NE 1 of the SW 1 of Section 3, Township 32 South, Range 39 East, lying West of the west right-of-way line of U.S. Highway #1 (S.R. #5). Less that part lying West of the West R/W of FEC. Railroad and also less Rights of Way of record. Said land lying and being in Indian River County, Florida. Be changed from RM -6, Multi -Family Residential District, up to 6 units/acre to OCR, Office, Commercial, Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River' County, Florida, on this llth day of April 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 21st day ofMarch , 1989, for a public hearing to be held on the llth day of A ril , 1989, at which time it was moved for adoption by CbmmissionerEggert seconded by Commissioner Scurlock , and adopted by the following vote: 26 APR 11 1999 L floor 76 w,r 542 APR 11 1989 ORDINANCE NO. 89- 11 Chairman Gary C. Wheeler Vice Chairman Carolyn C. Eggert Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock BOOK 76 PAGE 543 AyP A y P AyP AyP AyP BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ATTEST BY: BrO, Offer' Acknowledgment by the Department of State of the tate of Florida .17 . this 19th day of April , 1989. Effective Date: Acknowledgment from the Department received on this 24th1 day of April , 1989, at 11:00 A.M./P.M. and filed in the office of the the Board of County Commissioners of Indian River Florida. of State Clerk of County, PUBLIC HEARING - JUNGLE TRAIL MANAGEMENT PLAN 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: The Board reviewed the following memo dated 3/30/89: VERO BEACH PRESS -JOURNAL Published Dafly Vero Beach. Indian River Cotinty, 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 ptblished at Vero Beach in Indian River County, Florida; that,the attached copy of adverlisement. being //✓IUIL7~ in the Court, was pub - In the matter of fished In said newspaper in the issues of � ry,•f ,/ % "'/: Ale* Alf 'ant 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 sald'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 atfiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication: in the said newspaper. Sworn to and subscribed before me this 2V r d4,* of 'V y FitittliCi 19 9 lC!��.T'ltl►a•v ,li/!.3,-2Z �(Business Manager) f' • (GI@1ndian-River-Canty.400.0sl. MAU M a nr 'vVM. SRA, CPI werlda . IrwMITsapoynon -�,,.+..►r+t 27 NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE JUNGLE TRAIL . MANAGEMENT PLAN NOTICE IS HEREBY GIVEN that the Indian River County Board of 'County Commissioners shall hold a public hearing at which parties in in- terest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Buliding, located at 1840 25th Street, Vero Beach, on Tuesday, April 11, 1989 at 9:00 a.m. to consider the adoption, by resolution of a management plan titled: IN - 1 DIAN RIVER COUNTY JUNGLE TRAIL MAN - i AGEMENT PLAN. • Copies of the revised proposed management pian will be available on March 30, 1989 at the Planning Division office on the second floor of ii the County Administration Building. 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 Ings is made, which includes testimony and evi- dence upon which the appeal Is based. j INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ' By: -s -Gary Wheeler, Chairman I March 20, 1989 ' TO: The Honorable Members of the Board of County Commissioners DIVISION HEAD CONCURRENCE: ‘21444-2-01 dam, Robert M. Keat g, rP Community Devel pme Director FROM: Roland DeBlois10 Chief, Environmental Planning DATE: March 30, 1989 SUBJECT: JUNGLE TRAIL MANAGEMENT PLAN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on April 11, 1989. DESCRIPTION & CONDITIONS: The Indian River County Comprehensive Plan, adopted in 1982 (and thereafter amended), established Jungle Trail as a scenic and historical road. In 1985, the Board of County Commissioners adopted Ordinance No. 85-64, entitled "Scenic and Historical Roads," which sets forth objectives and general guidelines per- taining to roads identified as having scenic and historical significance. Section 18-26 of the .1985 ordinance provides that the public works, parks, and community development departments shall imple- ment guidelines for the maintenance of scenic and historical roads. The ordinance further specifies that management plan guidelines are to be adopted by resolution of the Board of County Commissioners. The proposed Jungle Trail Management Plan is presented herein for adoption considerations. ALTERNATIVES & ANALYSIS: Staff conducted a series of three (3) public workshops at which a draft of the management plan was developed, reviewed, and dis- cussed in detail. While there was some concensus on certain aspects of the plan, it was evident from the workshops that a dicotomy of viewpoints exists as to what constitutes the scenic and/or historical aspects of Jungle Trail to be preserved (or enhanced) in light of private property rights and public interest. Controversial issues of the plan discussed at length during the workshops include: extent of preservation/enhancement of the jungle -like quality of the trail vs. preservation/enhancement of private development's view of the lagoon; public recreational access along the trail vs. trespassing on private property; county shoreline stabilization responsibility vs. property owner respon- sibility; preserving historic alignment of the trail in develop- ment areas vs. selective realignment with enhanced scenic quality; and, generally, private property rights vs. public interest. Several portions of the proposed management plan warrant specific consideration by the Board. These include buffer area vegetation, travel way alignment, and cost. APR 11 4989 28 RUN 76 F[4/ Pr - APR 11'98JJ ROOK 76 PAGE 545 °Buffer Area Vegetation This was probably the most controversial part of the plan in previous hearings. As proposed, the plan allows removal of existing vegetation only in areas invaded by exotics. The plan requires replanting with native vegetation - tall plantings (7 feet) must be located within 10 feet of the travel way; a 70% opacity must be achieved within the 30 foot buffer; and native plantings must be interspersed within the buffer. These criteria reflect the goal of creating a native vegetation, jungle -like appearance along the trail. By recreating a condition similar to that existing before removal (dense, tall, thick vegetation close to the trail), this requirement will prohibit creation of a "manicured look", prohibit view windows, and maintain a jungle -like appearance. °Travel Way Alignment The proposed management plan would provide for the Board of County Commissioners to approve realignment of the trail. Any proposed realignment could be approved only after a public hearing where the Board would be required _to make certain findings. Various criteria would also have to be met with a realignment. As structured, the proposed management plan would not affect the vehicular travel restriction approved for a portion of the trail which runs through the Polo Club Development. °Cost The proposed management plan includes various county actions to maintain or improve conditions on or along Jungle Trail. Some of these, such as property aquisition, are one-time expenses; others, such as travel -way grading, are amnual charges. Overall, the cost for implementing the plan could be more than $250,000 over the next two years. These figures are rough estimates and could be affected by other actions. Most of this cost is attributable to three proposed actions: shoreline stabilization, acquisition of access sites, andacquisition of parking areas. If shoreline stabilization is undertaken by the Moon River project and coun- ty -owned areas are available for parking and access, the estimated cost will be reduced by 80%. At the regular meeting on March 9, 1989, the Planning and Zoning Commission held a public hearing for the Jungle Trail Management Plan, and voted unanimously to forward a recommendation of ap- proval to the Board of County Commissioners, with some minor word changes (see page 29 of the attached Planning and Zoning Commis- sion meeting minutes). Staff have made the recommended word changes in the attached plan. The Commission also voted to recommend: that endangered plants (and animals) within the trail's protected area be surveyed, coordinating with the Fish and Wildlife Service; that temporary drainage problems at construction sites be looked into; and that the conceptual Jungle Trail Plan of the Indian River County Historical Society be adopted as an educational guide for resi- dents and visitors coming to this county to see Jungle Trail. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt, by resolution, the Jungle Trail Management Plan, and authorize staff to coordinate with the Fish and Wildlife Service to survey the trail protected area for rare or endangered species. Further, it is recommended that the Board adopt the Indian River County Historical Society conceptual plan as a guide to be used as an educational tool for residents and visitors to he county. 14)- 29 Roland DeBlois, Chief of Environmental Planning, gave a brief overview of the proposed management plan and some of the changes that were proposed during the three workshops. JUNGLE TRAIL MANAGEMENT PLAN TOPICS, ISSUES, RECOMMENDATIONS TOPICS ISSUES RECOMMENDATIONS IN PLAN 30' Protected Area Native plants vs. exotics Jungle -like buffer vs. rivervtew Structures, utilities, berms Replace exotics with natives: 7' height, 70% opacity within 2 years, using 30' depth Travel -way Maintenance Paving vs. grading Periodical maintenance Easement markers Periodical inspections/ grading Litter Control Enforcement Collection crew Trash can's, signage Install "no litter" signs and trash signs Trash removal crew Litter enforcement Shoreline Stabilization County responsiblhlty Private owner responsibility Erosion assessment Existing county FDER permit Coordination with developers to require stabilization Erosion assessment and stabilization Public Parking Access Public use of private property Acquire/develop public parking Parking in travel -way Coordinate with developers and N.W.R. Coordination with Moon River Windsor Polo Club, and wildlife refuge for access and parking Expand/acquire property for for access and parking Install "no parking" signs, enforce Alignment APR 11 1989 Preserve historical alignment vs. realignment for scenic increase and/or safety 30 Support National Historic Register efforts Align north segment for safety, min. necessity Establish realignment criteria BOOK. 76 P.1cr 546 APR 11 A89 BOOK 76 Mc 547 Mr. DeBlois advised that staff would like the flexibility to make a few minor changes in the wording of the proposed management plan. The County Attorney's office has said that these minor changes would not be substantial to the meaning of the plan. In addition, the restriction of lighting in the protected area of the Trail was not addressed in the management plan, and staff recommends the following addition to The Protected Area". On page 7, add as Item #8, "Lighting in the protected area and travel -way shall be limited to lighting for safety and traffic purposes only as approved by the County Public Works and Planning Departments. Illumination of the protected area or travel -way from a fixed lighting directed towards Jungle Trail from adjacent property shall be prohibited." It was staff's position that illumination from adjacent properties would take away from the scenic aspects of the Trail and might interfere with the wildlife in the area during evening hours. Chairman Wheeler asked how they would govern that particular point, and Mr. DeBlois explained that it would be similar to the lighting restrictions to protect the sea turtles. It would require the light to be shielded in such a way that it is deflected to the property itself from the protected area, and would be more a matter of shielding design rather than strict prohibition. It would allow for low profile lights and path ways and also would apply to docking facilities that may be allowed in the river. Mr. DeBlois explained two other minor clarifications in the Plan: On page 12, in the 6th action under required criteria for approval of a realignment request, add to the second sentence where it states that the County planning staff shall coordinate with the Indian River County Historical Society and the Florida Native Plant Society, "and the State Bureau of.Historic Preservation". 31 Mr. DeBlois advised that the U.S. Fish and Wildlife Service has volunteered to help out with the identification of rare and endangered plants and animals within the buffered area, and staff is requesting authorization to work with them on that survey. Staff's entire recommendation is that the Board adopt the Jungle Trail management Plan with the clarifications mentioned above; authorize staff to coordinate with the Fish & Wildlife Service to survey the trail protected area for rare or endangered species; and adopt the Indian River County Historical Society's conceptual plan as a guide for a parkway to be used as an educational tool for residents and visitors to the county. Commissioner Scurlock commended the Planning staff and the various individuals and groups who worked so diligently to develop the proposed management plan. He felt they had done an excellent job and had come up with a good plan. He was concerned with two areas of the plan, however, and wanted to discuss the realignment restrictions and the opacity requirements. He didn't feel there should be any realignment on the portion of the road south of CR -510 other than if for some reason the State would not allow us to stabilize the shoreline, or if the Trail actually disappeared because the river ate into it. He wanted to see us leave today with a little more flexibility in terms of the alignment for the northern portion, and not just for safety's sake, but have the ability to work with the community that lives there and has property there to make sure that we end up with what we really want, which is to preserve the Trail and have something that is useful and beautiful in our community. He was not suggesting that he would support a realignment, but did feel that since we don't have our maintenance map filed, there may be some reasons other than safety where we may want to consider a realignment at some point in a public hearing before a group such as this. He felt that was important. With regard to the opacity requirements, Commissioner Scurlock was having a hard time trying to visualize 70% vs. 60%, APR 13 1989 32 POOK f 6 FADE 548 l'" APR 11 1989 BOOK 76 PAGE 540 50% or even 1O%, and was concerned about the question of grand- fathering because he felt we want to protect everybody's rights including those people who have invested in property along the Trail. Commissioner Eggert felt that 70% opacity is too great, and noted that the first paragraph on page 6 of the management plan states that plants a minimum of 7 feet tall are to be located within 10 feet of the trail. She felt the Commission spoke to that when we were reviewing Sea Oaks and determined that as long as that 30 feet was taken care of, we didn't want 7 -ft. tall plants within 10 feet of the Trail. Commissioner Bowman suggested that it read that tall plantings will be interspersed within the 30ft. buffer. She felt that would cover it, and Commissioner Scurlock agreed. Commissioner Bowman felt there has been a general misperception of just what a jungle is. A jungle suggests an uncontrolled dense tangle, and she suggested that several vines be added to the suggested plant list. Commissioner Eggert wished to return to Item (g) on Page 6 of the Plan where it states that "no native vegetation should be altered, pruned, etc." Basically, she agreed with that, but felt there might be times when we could allow taking out more than just the dead portions. She didn't want this to get so set in cement that you couldn't do any kind of pruning. It seemed to her that this was in contradiction with the mangrove restrictions where we allow some cutting on their being absolutely dead. Commissioner Bowman felt we should have an exception for mangroves because we have a mangrove ordinance. Robert Keating, Director of Planning & Development, noted that mangroves can be trimmed under very strict requirements, but Commissioner Eggert felt that there may be some cases where it is necessary to prune, say if there is a massive rat nest, etc., and she had a problem saying that no pruning would be allowed, period. 33 Commissioner Scurlock suggested that this might be a permitted situation, and Director Keating felt the difficult thing with that is setting the criteria because the flexibility may give you a more landscaped look that would be more appropriate for U.S.#1. Further discussion took place on opacity, and Commissioner Scurlock asked how we would handle the places where there is not a lot of high growth, and Director Keating said the Plan would apply only when you were removing any exotics. Commissioner Bird asked how they would measure 70% opacity, and Mr. DeBlois admitted that to come up with an exact percentage of opacity is difficult, but without setting some sort of density reference, it would be very difficult to set a standard for the Trail. The main objective is the opacity as viewed from Jungle Trail, and the feeling is that it would be reviewed by a board. Commissioner Eggert also questioned the fencing restrictions, and asked how the 10 ft. fencing restriction affects what is there now. Director Keating explained that this Plan will not affect anything that is there. However, more requests will be coming before the P & Z and this will pretty much set the parameters. The issue is whether we want to try to keep the buffer area natural and to what extent do we want to allow structure encroachments. A compromise was reached during the workshops whereby fences would be allowed in the outer 10 -ft. Basically, he felt it is an aesthetics consideration. Commissioner Eggert assumed that a variance request would go through the regular process of being heard by the P & Z Commission, but asked if there would be an appeal to the County Commission. Assistant County Attorney Bill Collins advised that as a general rule, any of our variances that are granted by the Board of Adjustments, or in this case, the P & Z Commission, the appeal APR 11 1989 34 POOK 9 J PACE 5 0 APR 11 1989 800K 76 PAGE 551 7 would be directly to the Circuit Court. If the County Commission wishes the appeal to come to them as a secondary appeal, they have the ability to do that. Commissioner Scurlock preferred to have the appeal come to the County Commission first, and Commissioner Eggert agreed. Commissioner Scurlock wanted to have it go before an elected body, not to some judge that we don't vote for. Attorney Collins advised in that case we would just revise the Code, Section 18-27 Variances. Commissioner Bowman pointed out that throughout this whole document reference is made to the Pelican Island National Wildlife Refuge as though they have some magical power. Actually, the document should cite the U.S. Department of Interior. Commissioner Wheeler suggested a wording change in the last paragraph on page 12 of the plan by inserting "allow". "A finding will be made that the realignment will not adversely affect the historic character of Jungle Trail as a whole. County planning staff shall coordinate with the Indian River County Historical Society, the Florida Native Plant Society, and the State Bureau of Historical Preservation, and report to the applicable reviewing commission, and shall allow them to provide information for the finding determination.." Commissioner Bird didn't know if such a decision would have to be made today, but asked if we still have the ability to work towards stabilizing the shoreline on the southern portion of the trail. Director Keating advised that the management plan specifically states that the County will reserve the legal means to do stabilization, and specifies that wherever an applicant makes an improvement, the County will require shoreline stabilization. He noted that we are doing that right now in our review of the Moon River development and some of their proposals for improvements out there. Commissioner Bowman wished to see the County Attorney's office research the matter of whether a county can pass an 35 ordinance declaring a "no wake" zone, and Attorney Vitunac explained that there are procedures in the law for putting up regulation signs. We would have to go through the State and show them our management plan, how the signs would be put up, and who would maintain them. If the State approves the speed limit, then it can be enforced, but if you put up the signs without going through that process, they are unenforceable and, in fact, we would be liable for damages. Commissioner Bowman wished to see us pursue such a process in order to protect the shoreline from further erosion. Commissioner Bird felt that although the adoption of a plan to manage and preserve the Trail is certainly in the public's best interests, the fact of the matter is that over the last several years the public has had pretty much full run over public and private property along the trail, i.e. fishing, camping, picnicking, parking, and they have pretty much been doing their own thing. The bottom line is that once this plan is adopted, the public's ability to use this area is going to be somewhat limited and restricted, and he was concerned that some people are going to think that we didn't accomplish what they thought we were going to accomplish with the management plan. Commissioner Scurlock didn't feel the management plan had to be absolutely perfect today, but felt that at some point there should be a provision for some sort of review process before any major alteration is allowed. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. Ken Macht, Mayor of Vero Beach, read aloud the following letter of support from the City Council for the adoption of the Jungle Trail Management Plan. LAPR 111989 36 76 rrs-1) Fr" APR 111999 ROOK 76 PAGE 553 City of Vero Beach 1053 -20th PLACE - P. 0. BOX 1389 VERO BEACH, FLORIDA - 32961-1389 Telephone: 567-5151 OFFICE OF THE MAYOR April 6, 1989 Mr. Gary Wheeler County Commissioner 1840 25th Street Vero Beach, Florida 32960 Dear Gary: On the City Council meeting held Tuesday night April 4, 1989, the Council formulated the principles outlined below and authorized me to communicate to the County Commission the following. We strongly endorse and support the Jungle Trail management plan. This plan presents you with the opportunity to preserve a unique part of our county's history, and the stabilization of natural growth, flora and fauna. With the intense concomitant rise county residents natural habitat, development of the barrier island and the in residential land values a large portion of our are denied access to and enjoyment of the unique plant and animal life peculiar to this area. Maintaining vehicular access to the entire historic portion of Jungle Trail, both north and south as proposed by the Historical Society in their Jungle Trail Conceptual Plan would greatly benefit all county residents. On behalf of all the City Council members, I trust that you will give careful consideration to that plan. Sincer Y► enneth R. Macht Mayor Ruth Stanbridge, member of the Indian River County Historical Society, presented the following resolution passed by the City of Sebastian in support of the adoption of the Jungle Trail Management Plan: Pm RESOLUTION NO. R-89-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, STATING THE POSITION OF THE COUNCIL - IN REGARD TO JUNGLE TRAIL ON THE BARRIER ISLAND IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian recognizes the unique scenic and historical value' of the 7 1/2 mile length of Jungle Trail both north and south of' County -Road 510; and WHEREAS, the City of Sebastian recognizes the need to preserve the sensitive environment and animal habitat which is contiguous along Jungle Trail; and WHEREAS, the City of Sebastian recognizes the significance of the unique recreational resources the Trail offers to residents of and visitors. to Indian River County; and WHEREAS, the City of Sebastian has a vested interest in the preservation of our north county heritage, especially in the immediate vicinity of the Pelican Island National Wildlife Refuge, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that we do publicly declare our endorsement of the following: 1) Our support of the entire Indian River Jungle Trail Management Plan. 2) Our support for the unity and continuity of both North and South Jungle Trail. 3) Our support of the Jungle Trail Conceptual Plan as proposed by the Indian River County Historical Society. 4) ''Our support for the concept that Jungle Trail always remain open to vehicular traffic by the public. 5) Our support for reversing the decision by the County Commission one year ago to close the north section of -the Trail between the Windsor Polo Club and the Pelican Island Wildlife Sanctuary to vehicular traffic. 6) Our support for long range planning and management by Indian River County to protect the Jungle Trail historical corridor for the benefit of Indian River County residents and future generations. This Resolution shall be effective upon final passage by the City Council. APR 11 '1989 38 by: CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor IfIR 76 PAGE 554 • Fr" APR 11 assn BOOK 76 PAGE 555 Flora Orth, representing the Indian River County Historical Society, read the following resolution which was approved by all who were present at the Board of Directors' meeting of March 28, 1989: "The Indian River County Historical Society feels any realignment of Jungle Trail will set a damaging precedent that would encourage future attacks on the integrity of this unique and historical resource. The Historical Society's philosophy is based on historical records with its old folks on education, restoration, and preservation of our heritage. Because of our commitment to this historical corridor, we fully support the Jungle Trail Management Plan, as written, and approved by the IRC Planning & Zoning Commission on March 9, 1989." Millie Bunnell, President of the Indian River County Historical Society, thanked the Planning staff for the many hours they have spent in working with the Historical Society and other groups in developing the Jungle Trail Management Plan. She felt they have done a very good job and the Society is pleased with the proposed management plan. She had with her the original map done on linen paper which was done by Leischer & Carter in 1925. That road is still there just as it was and that makes it historical. It was the first State Road A -1-A. They would like to ask the Board of County Commissioners to approve the plan as written in the best interests of the Trail. Mrs. Bunnell distributed copies of the following drawing, which denotes 19 historic or scenic sites just off or near the trail. 39 JUHOLIE t\Uft. :. EEO_ C &HO movoG DCS ©©E©o CONCEPTUAL PLAN BY INDIAN RIVER COUNTY HISTORICAL SOU' 4 . MAIM 84*4l1 Mia - 4248184. IMO 10.101111111 '9 4. 48418t8T0. 1!.484.011488 . 44111. 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ROU* 76 FAGE 556 APR 1 Y 1989 BOOK 76 PAGE 557 Mrs. Bunnell stated that the Historical Society feels the management plan would help to make the Trail a linear monument to the early pioneers who settled there, including the Indians and citrus growers of the world-famous Orchid Island grapefruit. She emphasized that we must save this trail so it will remain the last quiet ride in the community. To answer the question of what is in the best interest for the trail and for the people who will be using the trail, as far as historical and scenic qualities, she went way back to the beginnings of the trail. The Historical Society envisions Jungle Trail as a trail/corridor park unlike anything in the State where we could drive from one end to another with it being a one-way drive on the northern portion of the Trail from CR -510 through the Windsor Polo Club. Mrs. Bunnell noted that these are merely suggestions and they would like to see historical signage telling about the fi Indians, plants and wildlife. The Historical Society would like to be consulted when things do happen next to the Trail which affect the history of it, and she felt it would help if we had an overall director or board to take care of some of these things. At this time they would like to see this Commission adopt the Historical Society's conceptual plan as a guideline for a scenic, historic and educational tool for this county. Commissioner Eggert asked if their conceptual plan is to have the entire 7 miles open to vehicles, and Mrs. Bunnell confirmed that is their objective, but it would be only one way on the northern portion through the Windsor Polo Club and the Town of Orchid. Commissioner Eggert advised that she and Attorney Vitunac had a conference call with the Pelican Island Refuge people and they said that if a viewing tower is built at the northern end of the Windsor Polo Club they would like to see people approach it from the north because they are concerned about people driving the full length of the trail because of safety problems. 41 Commissioner Scurlock felt he would like the opportunity to take a look at this overall guideline before approving it. Discussion ensued regarding the Commission appointing an advisory board for the trail, but Chairman Wheeler wished to stick to the adoption of the management plan today and address the Historical Society's conceptual plan and the questions on the right-of-way width, realignment and one-way drive at different times when we can devote more time. In conclusion, Mrs. Bunnell reemphasized that the Historical Society's conceptual plan would serve as an excellent guideline for the use of Jungle Trail, and that they look forward to working with the County on it. Burke Michael, president of Orchid Island Growers, which is located on Jungle Trail, commented that in the last 4 years people have been coming into her store saying what a great place we have here, but in this past year, after a couple of developments have come in, people have been coming in and asking why we allowed them to do it. One of the reasons they come up here is because they like the way we have managed things in this county. Ms. Michael wished to see this management plan adopted so that Jungle Trail will maintain its integrity and beauty and will be there for the enjoyment of many generationstocome. Charles Belmont, representing Indian River County Conservation Committee, a group of approximately 45 members, stated that they support the adoption of the Historical Society's conceptual plan. Cheryl Oliver, speaking in behalf of the Sebastian River Junior Women's Club of the General Federation of Women, advised that they endorse the adoption of the management plan for Jungle Trail and also support the vision of the Historical Society's plan for a Jungle Trail Scenic and Historical Corridor Park. Arlene Westfall, president of the Sebastian River Area Historical Society, advised that their membership of 150 supports the IRC Historical Society's conceptual plan. She circulated a APR 111989 42 ElooK 76 f cE 558 ASR 11 X989 P00K 76 pAGE 559 copy of an article that appeared in the January/February, 1989 issue of the Florida Preservation News, as she wanted the Board to realize that the Historical Society's conceptual plan for an historic site is not a pie in the sky thing. It would be a financially sound venture that many, many years to come. could realize great gains for Statewide Happenings Boca Raton On November 20, 1988, the Boca Raton Historical Society formally opened the restored 1930 railroad station, also known as the Count de Hoemle Pavilion Gainesville Frostproofs Ben Hill Griffin, Jr. gave $2 million for the renovation of the.Uni- versity of Florida's historic Floyd Hall. The gift for restoration, along with the state matching funds it secures, is one of the largest single gifts to the University of Honda Campaign. Floyd Hall was added to the National Register of Historic Places in 1979. Built m 1912, it served as home to the Univer- sity of Honda's College of Agriculture for 44 years. The University presently has 11 buildings listed on the National Register. Under new state legislation, Mr. Grif- fin's gift is eligible for a dollar -for -dollar match from Honda's Capital Facilities Matching Trust Fund. Matching grants from this state trust are designed to assist the state's universities in the build- ing of instructional and research -related facilities. The resulting $4 million will enable the University of Florida to res- tore Floyd Hall to full use. Key West An article titled "Quirky Little Key De Soto Update Though temporarily out of the head- lines, the DeSoto-Apalachee Project in Tallahassee is alive and well. The pres- ent state of the site and the project represents a true triumph for the pres- ervationist. Here is how things stand at the mom- ent. The state of Florida has purchased the site from the Trust for Public Land. The Department of Natural Resources manages the property and is currently working on a development plan for the site. These plans call for the restoration of the Martin mansion for use as an interpretive center. Meanwhile, the arch- aeologists are finishing the analysis of what was found in 1987 and have laun- ched a new phase of the project. The excavations at the Martin site raised as many questions as they ans- wered. There were reputed to be 250 structures in the Apalachee village that de Soto occupied. The 1987 excava- tions uncovered only two of them. With the help of grants from' the National Endowment fo the Humanities and the Institute for Early Contact Period Studies, archaeologists are attempting to answer these questions. A larger sur- vey is presently underway on proper- ties surrounding the Martin site to locate the rest of de Soto's winter encamp- ment. West" appeared in the City Walk Sec- tion of the November/December issue of Preservation News published by the National Trust for Historic Preserva- tion. The article focussed on preserva- tion efforts in the island city. Miami Beach In October, The Senator Hotel on Collins Avenue was demolished amidst much controversy. Built in 1939, the hotel was part of the nations only 20th century tropical deco district listed on the National Regiser of Historic Places. Sarasota The Frances -Carlton Arms Apart- ment Building, constructed in 1924, has been acquired by Executive National Companies (ENCO) of Lakeland. ENCO is a real estate company specializing in the development of Florida's historic properties. The property has been beautifully restored and received a 1987 Preservaton Award from the Florida Trust. Is there a newsworthy item about your area missing from this section? If so, make sure the Trust is on your mailing list so we can receive your newsletter, or other publications. Also, please send the Trust your press releases. Study Reveals : ti Rat of Visitation at Historic Sites Secretary of State Jim Smith an- nounced recently that a survey con- ducted for the state shows 70 percent of vacationers to Florida visit a historic site. This 70 percent either plan their trip specifically for historic sites or include such destinations as part of the overall journey, Smith said. "We learned a lot from this study, not only about the economic impact of his- toric sites but also why people visit pla- ces steeped in history," Smith said. Those interviewed said that knowing something about the history of a place added to the enjoyment of a trip. They also felt that visiting historic sites with their children was an important way for children to team values. • The Department of State jointly financed the survey with the Depart- ment of Commerce and the Depart- ment of Natural Resources, assisted by a grant from the National Trust for His- toric Preservation. The survey, demonstrates that there is a competitive economic advantage in preserving the state's historic buildings and sites, Smith said. Not only do vaca- tioners value authentic old sites, they also enjoy simulated historical exper- iences that are genuine and true to the past, Smith said. History and natural settings also ap- pear to be an appealing link for many visitors. "This may show the need," Smith said, "for joint promotions by the various Florida agencies to encourage tourism at sites rich in both natural beauty and historic content:' History -flavored tourism contributes significantly to the state's economy. For every million trips in Florida by out-of- state travelers that include a visit to a historic site, the economy realizes 45,618 Florida jobs, generating $538.9 million in payrolls. That in turn provides state and Secretary of State, Jim Smith local governments with $86.2 million in revenues. St. Augustine, nationally recognized as the "oldest city", was named most often in the survey as a place considered historic by visitors. But reflecting a great diversity in their Florida experiences, those surveyed listed more than 95 lesser publicized sites as contributing historical elements to their vacation travels. For a copy of the report or executive summary, please contact the Bureau of Historic Preservation at (904) 487-2333. Florida Preseruation News, January -February 1989-9 113 Attorney Bruce Barkett, representing Sea Oaks Development Company, advised that Sea Oaks also supports the adoption of this management plan for Jungle Trail, and reviewed the following memo: MEMORANDUM TO: Board of County Commissioners of Indian River County FROM: Sea Oaks, Bruce Barkett, Attorney SUBJECT: Proposed Jungle Trail Management Plan DATE: April 10,,1989 Sea Oaks has the following specific recommendations to be incorporated in the proposed Jungle Trail Management Plan on April 11, 1989: 1. Within the Jungle Trail Management "Guidelines" item 4.c., found at the top of page 6, the following language should be deleted: tall plantings (minimum seven feet) are to be located within ten feet of the trail travel - way to maiimize buffer characteristics, with regard to visual sight -line buffer as viewed from Jungle Trail. 2. Page 6, item 6a(2): The following underlined language should be added to the section: Fences which have an opacity of not more than fifty (50) per cent when viewed along the line of sight perpendicular to the fence. Such fences may only be allowed in the outer ten feet of the prptected area, except as otherwise provided herein, provided no native vegetation is disturbed in conjunction- with fence installation. Fences may be allowed in the twenty (20) feet of the protected area nearest Jungle Trail if such fencing will be in alignment with existing permitted fencing of the same property owner or development prosect. The following items are also of concern to Sea Oaks: 1. .The proposed management plan would require a visual buffer of seventy (70) percent opacity. Sea Oaks would support a reduction of that opacity level to fifty (50) percent. This would recognize that riparian, property owners have at least an equal right to view the river as travelers have to be screened from the uplands. 2. The Management Plan contemplates County stabilization of the shoreline along Jungle Trail with assessments made to the upland property owner. Sea Oaks submits that if the County is stabilizing .the shoreline to protect the County's Jungle Trail, then all citizens within the County should share responsibility of that stabilization; it would be inequitable to impose that cost on the upland property owner. APR 11 1989 BB 44 ROOK 16 Flq550 APR 1 L 1989 BOOK 76 PAGE 561 Augusta Vinson, representing the Executive Board of the Indian River County Garden Club, advised that their members fully support the management plan for Jungle Trail. Phillip Dixon, 8725 Lakeside Boulevard, representing a number of waterfront property owners at Sea Oaks, respectfully asked the Board to give careful consideration to two important aspects of the management plan -- opacity and riparian owners rights to view the river. Gordon Graham, resident of Sea Oaks, advised that he also represents a number of property owners there who want to maintain their views of the Indian River. They are not opposed to the plan, and were heartened to see the inclusion of a paragraph in the draft of the management plan dated 3/30/89 that seems to exempt certain specified areas, including his property, from the planting requirements of the original plan which would have obscured or eliminated views of the river. That interpretation was confirmed by a telephone call to Roland DeBlois, Chief of Environmental Planning, but they would like the Commission to specify precisely just which areas are exempted. Mr. DeBlois explained that the planting requirements only apply to areas where non-native vegetation is removed. Previously developed sites already have removed the exotics and the planning requirement would not apply. It also would not apply to developers that have not yet developed if they chose to leave the existing vegetation in place. In the case of Sea Oaks, approximately 50% of the linear frontage on Jungle Trail already has been permitted separate to this plan. Don Kenney, planning and development manager for Sea Oaks, stated that they want the opportunity to provide views for the remaining 50% linear footage along the river. Darrell McQueen of McQueen & Associates, engineers for several developments being built along Jungle Trail, wanted to address realignment of the northern section of Jungle Trail through the Town of Orchid, but Chairman Wheeler preferred to 45 stick specifically with the adoption of the management plan today. Commissioner Scurlock felt the consensus of the Commission is that the realignment language at this point is to be broadened to allow realignment in a broader way with the exception that it would have to maintain the historical integrity of the Trail. He felt that if Mr. McQueen was going to present a lot of detail about realignment, that would be something that would be addressed al a future public hearing and that it would have to meet that criteria. Mr. McQueen recommended a change on page 12 in the fourth item listed under the required criteria for approval of a realignment request: "The new alignment shall be designated as fee simple to the county, and the roadway will be reestablished within this alignment;" He recommended that the dedication not be in fee simple and that it be left as right-of-way and conservation easements, because fee simple would indicate that the county owned that property and could do whatever it wanted to with that property in the future. A right-of-way easement and other conservation easements would certainly preclude the county from putting in a 4 -lane roadway should a future Commission change its position and elect to do that somewhere down the line. Attorney Vitunac advised that the Attorney's Office is happy with it being a conservation easement as opposed to fee simple, as long as it runs in favor of the county and not just the Town of Orchid. Mr. McQueen pointed out that the county -owned property at the old bridgehead is only .14 acres, and he didn't believe it is large enough for parking. The properties around that old bridgehead are owned by Johns Island Corporation. They wish to go on public record as opposing any parking and public access to the river at that point. Mr. McQueen advised that that they have presented a plan to the Town of Indian River Shores for not 46 L APR 11 1989 ROOK 76 FA„F 562 APS 1989 BooK 76 FACE 563 utilizing that property as possible access. With regard to the opacity matter, he believed that 50% opacity is what they are going to arrive at in the Town of Indian River Shores. John Dean, local architect, felt the plan is a very good one and that Teddy Roosevelt would like it, too. He read aloud the following letter recommending an amendment be added to the management plan to control lighting along Jungle Trail. john h. dean architect & associates, p. a., a. i. a. April 10, 1989 T0: Carolyn Eggert, Vice Chairman Indian River County Commission I believe the Jungle Trail Management Plan has come a long way. Vlhen approved, it will be helpful in°protecting and guiding the development in that area. One area I feel has been neglected, is lighting. Lighting in the right- of-way, lighting in the protected area and lighting on adjacent land must be controlled. I would suggest that the attached amendment be added to the March 30, 1989, Jungle Trail Management Plan. This attached amendment will prevent problems such as the one experienced along the ocean with sea turtles and lighting. It will prevent Jungle Trail from being lit up like a U.S. Route 1 car dealership, and it will further assure all those traveling the Trail or viewing it from either side the pleasure of not looking into blinding flood li_hts. jhd/lm Attachment Thank you, john h. dean, Architect "Unless the Lord build the house they labor in rain that build it." PS 127 2223 10th Avenue, Vero Beach, Florida 32960 • (407) 567-4907 47 john h. dean architect & associates, p. a., a. 1. a. April 10, 1989 REFERENCE: Indian River County Jungle Trail Management Plan Meeting, 4/12/89 Page Nine Addition LIGHTING The Jungle Trail right-of-way, the protected area and adjacent lands are sensitive animal and plant habitat. With a concern to keep the protected area as a natural plant and animal habitat, it will be necessary to avoid any lighting directed into or across the protected area. Lighting control will allow Jungle Trail and the protected area to experience the natural range of light from dawn, throughout the day, dusk, to full night. These normal changes of lighting are vital to plantsand animals, as well as the human experience of enjoying the trail in all its natural lighting sequences. Light in the Jungle Trail right-of-way and protected area will be limited to lighting for safety and traffic reasons only, asapproved by the Indian River County Public Works and Planning Departments. Adjacent lighting from the ground, from poles or from buildings directed at, toward, or above the Jungle Trail protected area or right-of-way are strictly prohibited. Adjacent land owners are to direct all lighting away from these areas. " Unlces the Lord build the house they labor in rain that build it." PS127 2223 10th Avenue, Vero Beach, Florida 32960 • (407) 567-4907 Mr. Dean felt to water down the plan would be a mistake and that lowering the opacity to 50% would weaken what is there and is taking away something that cannot be replaced. He pointed out that when you say to move the trees back it will not hide the buildings, but Commissioner Scurlock felt that what we mean is to disperse the trees. Mr. Dean did not envision the Trail to be landscaped or manicured; he felt it should be natural. He did not believe that moving the fences closer to the roadway would be in the best interests of the Trail. Mr. Dean urged the Board to schedule a public hearing soon to discuss opening up the northern section of Jungle Trail along the Windsor Polo Club property. Grover Fletcher, speaking in behalf of the McKee Jungle Gardens Conservation Society, a group of 1200 members, urged the Board to support the Historical Society's conceptual plan. He 48 APR 11 1989 r• POCK 76 HvGE 564 APS 111989 BOOK 76 PAGE 565 also urged the Board to continue to have the courage to stay with what they know is in the best interests of the community. Gordon Michael, 2655 69th Street, was concerned about the impact of development along Jungle Trail, specifically Sea Oaks and Indian Trails. He emphasized that there are things going on right now along the Trail that will not be able to be changed at a later date because they will be grandfathered in when this management plan is approved. Mr. Michael stated that he represents the Kennedy and Ryall families to the north of the Trail who want the Trail to remain open to their businesses and families. Ester Cramer, president of the Treasure Coast Archaeological Society, understood that the County abandoned a northern section of the Trail, but Commissioner Scurlock emphasized that the Commission didn't abandon anything. They did approve a temporary 4. closing to vehicular traffic on that portion of the Trail that runs along the Windsor Polo Club, the concept at the time being to allow a pedestrian and bike path through there that would be open to the general public. We did not give up any rights, and we have the ability to go in at any time to reopen it to traffic. At this point, the Trail has not been closed, however. Continuing, Mrs. Cramer explained that Jungle Trail is just a 5 -minute walk from her home and she is a neighbor of the Orchid Island Golf & Beach Club and the Windsor Polo Club, and had a question about the ownership of the right-of-way through that section of the Trail. She respected the Polo Club's desire for privacy, but felt they can put their fences back off the road. Attorney Vitunac stated that there is no question of our ownership of the road from north to south, but there is some question on the width of the roadway. In conclusion, Mrs. Cramer stated that she still didn't see why that road should be closed to vehicular traffic, and emphasized how necessary that road would be if the barrier island had to be evacuated. 49 Chairman Wheeler asked that we stay with the issue at hand, which is the approval of the Jungle Trail Management Plan, and then address at a future public hearing the issue of whether to open the entire northern section of the road to vehicular traffic. Mrs. Cramer didn't feel the plan should be so flexible with regard to realignment. She believed that the road should be realigned only in the case of emergency. Chairman Wheeler asked Attorney Vitunac about the rights of the Town of Orchid in regard to right-of-way and whether it is possible that a County road going through a municipality could be buffered by whatever that municipality would like. For instance, if the Town of Indian River Shores wanted to put up a concrete block wall along the road, would they have the legal right to do it? Attorney Vitunac advised that the County controls the width of the road, but the setbacks on it would be controlled by the municipality's zoning code and site development regulations. The buffer areas, vegetation and those things would all be under Focal ordinance, that is as it conflicts with any County ordinance. If the County adopts a general protection ordinance such as the general trail ordinance, we are going beyond the width of the Trail which we own, and that would be the law even in the city's limits unless the city adopted some contrary ordinance. If we adopt an overall ordinance, they could opt out of it like they did with the train whistle ordinance. Mrs. Marian Ball, 1881 Pebble Path, pointed out that many, many people moved to this county because they liked the way Indian River County was developing and they could take their friends down Jungle Trail for a ride to give them a taste of old Florida. She hoped the Board would adopt this management plan and keep Jungle Trail in its pristine state for the future. 50 APR 11 1989 ih.________ ROOK 75 FAGE 566' APR 11 1989 ROOK 76 P cE 5 m There being no others who wished to be heard, Chairman Wheeler closed the public hearing. Chairman Scurlock wanted to try a Motion that we adopt the management plan as submitted to us by staff with the changes that staff has made in reference to the lighting and the other language presented. In addition to that, he would like to modify the language under the realignment section to allow a broader basis for any realignment by tying that very specifically to that so it could not jeopardize the integrity of the historical nature of the Trail. He also wished to change the opacity requirement to 60% and allow the trees and plants to be dispersed through the 30 -ft. area as opposed to just a hedge -like effect. He also wished, at the request of Mr. Dean, to add to the management plan the restrictions on lighting to make sure that the lighting is compatible with the trail. A fourth item would be that instead of having the roadway donated or -given fee simple, it be donated right-of-way. Commissioner Eggert asked if Commissioner Scurlock would consider allowing some carefully controlled maintenance, but Commissioner Scurlock didn't wish to modify the plan any further at this time. He felt the proper approach, in terms of the opacity issue and maintenance, would be to modify the plan as we move along, because he believed we really should move towards some sort of structure that allows not only for the policing, but also some ability for staff to actually issue a permit for any major modification to vegetation along there. Commissioner Scurlock believed we should move the plan ahead today, get it adopted, and then modify it as we move along. Commissioner Eggert asked if his Motion included any requests for variances coming to the Board of County Commissioners, and Commissioner Scurlock agreed to add that to his Motion. 51 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board adopt Resolution 89-36, approving the Jungle Trail Management Pian with the changes submitted by staff plus the following modifications: 1) Change the opacity requirements to 60%; 2) Trees and plants be allowed to be dispersed through the 30 -ft. area, as opposed to just a hedge -like effect; 3) Place restrictions on lighting to make sure that the lighting is compatible with the Trail; 4) That the roadway be dedicated right-of-way rather than given fee simple; and 5) That variances be appealed to an elected board, rather than to a Judge. Under discussion, Commissioner Bird felt that if it is our ultimate goal to achieve 60% opacity, someone should be able to trim their plants to maintain 60% opacity, because otherwise it is going to be 100%, and Commissioner Eggert agreed. Commissioner Scurlock believed we need to take one step further because there are going to be areas within the entire length of Jungle Trail where we honestly do not want 60%. There are areas where we might want a higher percentage of opacity. He really felt that needs to be addressed in a more comprehensive way than we are able to today, but he wished to go with 60% today so that we get a plan implemented, and then we can start fine tuning it. _ Commissioner Bird asked if the Motion included something about the fence issue, but Commissioner Scurlock stated that he remains moot on the fence issue because he didn't think the grandfather issue should take root any place. If the fence needs to be put back or needs to be adjusted, so be it. He didn't wish to make any modification in the fencing area. 52 APR 11 199 eooK 76 PAGE 558 APR 11 1989 PON 76 PAGE 569 Commissioner Bowman wished to add vines to the list of plants that can be used, but Commissioner Scurlock understood that we have the flexibility where staff could add or delete items from the plant lists. Commissioner Bowman emphasized that it is only a "suggested" plant list, and that nobody ever suggested that a jungle is a tangle, not a manicure. Mr. DeBlois explained that there is a specific footnote on the plant list that says it is a base or a guideline, and we can add the vines to the list. Mrs. Bunnell asked if conceptual approval of the Society's guideline was included in the Motion. The management plan is a beginning to work from, but she also wanted a beginning plan for the use of the trail to work from. Commissioner Scurlock explained that in all fairness, he wasn't prepared to vote on it today. He had not read it, but he didn't mind making it part of his Motion the fact that the Board has received it and accepted it for the record, and have, in fact, a commitment to work with the group to implement a future plan in a diligent fashion. COMMISSIONER SCURLOCK RESTATED HIS MOTION TO INCLUDE THE FOLLOWING MODIFICATION: 6) Acknowledge receipt of the IRC Historical Society's conceptual plan and commit to working with that group to implement a future plan in a diligent fashion. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 53 RESOLUTION NO. 89- 36 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A MANAGEMENT PLAN FOR JUNGLE TRAIL. WHEREAS, the Indian River County Scenic and Historic Roads Ordinance, Indian River County Code Sections 18-21 through 18-27, requires that, pursuant to Section 18-26, the Board of County Commissioners will adopt by resolution guidelines for the maintenance of the scenic and historic roads; and WHEREAS, Jungle Trail has been designated as a scenic and historic road; and WHEREAS, publicly advertised workshops for the development of a Jungle Trail Management Plan were held on January 13, 1989, February 10, 1989, and February 17, 1989; and WHEREAS, the Jungle Trail Management Plan was presented and approved by.the Indian River County Planning and Zoning Commission on March 9, 1989; and WHEREAS,notice of a public hearing to consider the adoption by resolution of the Jungle Trail Management Plan was advertised in local newspapers on March 20, 1989; and WHEREAS,. the Board of County Commissioners of Indian River County has met and held a public hearing to consider input by members of the public, staff, and all interested parties on this 11th day of April, 1989; and WHEREAS, the Board of County Commissioners of Indian River County has directed that such modifications as are appropriate, based on input at public hearing, be made to the Jungle Trail Management Pian, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 54 BOOK 7t PAGE 570 APR 11 1989 APR 1 1 1989 entirety. BOOK 76 F'AC 5 /i RESOLUTION NO. 89-51._ 1. The above recitals are ratified in their 2. The Jungle Trail Management Plan, as modified at public hearing, is hereby adopted pursuant to Indian River County Ordinance Section 18-26 as the guidelines for maintenance of the scenic and historic road known as Jungle Trail. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Eggert follows: , and, being put to a vote, the vote was as Chairman Gary C. Wheeler 1� Vice Chairman Carolyn K. Eggert __ _ 4. Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Ase Commissioner Don C. Scurlock, Jr. ye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of April, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Gary eeler, Chairman APPROVAL OF AMENDMENT OF INDIAN RIVER MEMORIAL HOSPITAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO: James Chandler County Administrator DATE: April 2, 1989 FILE: SUBJECT: Approval of Amendment of Indian River Memorial Hospital Certificate of Public Conven- ience and Necessity FROM: Doug Wright, Director Emergency Management Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS On January 10, 1989, the Board of County Commissioners issued a Certificate of Public Convenience and Necessity to the Indian River Memorial Hospital, Inc., authorizing EMS ALS service limited to interfacility transport service. On March 6, 1989, a letter was received from the Hospital requesting an amendment to the prior issued certificate wherein the language would be changed from "Service is limited to interfacility advanced life support" to "Service is limited to interfacility advanced life support and non -emergency transport." After a review of existing policy by staff and research by the County Attorney's Office, it has been concluded that the request is appropriate and should be granted. ALTERNATIVES AND ANALYSIS In addition to the need for a timely response for interfacility ALS transfers, there are patients who require transportation from home or physician's offices who require dialysis or cancer therapy who cannot travel by regular vehicle due to IV's or physical restrictions. It does not appear that it would be appropriate for the Indian River County ALS system to provide this service inasmuch as a front line primary emergency response vehicle would be required to be utilized. Although the volunteer squads have expressed an interest in providing this type of service, current staffing deficiencies prevents immediate implementation of non -emergency services and this action will not preclude the volunteers from providing additional non -emergency services at a later date. RECOMMENDATION Staff recommends approval of the amendment to the Indian River Memorial Hospital, Inc., Certificate of Public Convenience and Necessity changing the language on the certificate from "Service is limited to interfacility advanced life support" to "Service is limited to interfacility advanced life support and non -emergency transport." This action in no way permits or authorized the Hospital to engage in pre -hospital emergency EMS ALS transport service and the amendment is being approved only for post-hospital ALS interfacility transport and non -emergency transport. APR 11 1989 56 8001(76 PACE 572 APR 11 1989 BOOK 76 PAGE 573 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Scurlock being temporarily out of the Chambers) approved the amendment to the IRMH Certificate of Public Convenience and Necessity, as recommended by staff in the above memo. .70%Olt CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Indian River WHEREAS, the Memorial Hospital'" has requested authorization to provide Interfacility Advanced Life Support services to the citizens of Indian River County; and .. WHEREAS, -there has been demonstrated there is a need to provide•these essential services to the citizens of this county; and, •, WHEREAS, the above named service affirms that it will maintain compliance with the requirements of the Emergency Medical Services Act (Chapter 401, F.S.) and rules (Chapter 10D-66,'F.A.C.), including Indian River County -Ordinance #87-66 as amended. THEREFORE, the Board of County Commissioners -of Indian River County hereby issues a certificate of Public Convenience and Necessity to said • Company to provide Interfacilitv ALS Transport services with (BLS,ALS-transport,ALS non -transport) • limitations as prescribed on this certificate. In issuing this certificate, the governing body of Indian River ' County has Y recommendations of affected municipalities. Date Issued January 10, 1989 (Amended April 11 1989) Limitations: Service is limited Date of expiration January 9, 1991 (unless certificate is sooner revoked or suspended) to interfacility advanced life support and 57 IRC BID #89-52 - DRAINAGE STRUCTURE FOR FLORIDA RIDGE SUBDIVISION The Board reviewed the following memo dated 3/30/89: DATE: March 30, 1989 T0: Board of County Commissioners THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of al Se FROM: Dominick L. Masco a, CPO Manager Division of Purchasing SUBJ: IRC BID#89-52 Drainage Structure for Florida Ridge Subdivision BACKGROUND The subject bid for Drainage Structure for Florida Ridge Subdivision was properly advertised and fourteen (14) invitations were sent out. On March 28, 1989 bids were received Nine 49) Contractors submitted Proposals for the project. ANALYSIS: Staff has reviewed the submittals to ascertain adherence to specifications. Del Zotto Mfg., did not meet specifications. O'Malley Precast was the next low bidder and met all the Requirements. FUNDING: Monies for this project will come from Acct.No.173-214-541-035.39. Total Budget Funds is $261,040.00. RECOMMENDATION: Staff recommends the award of a Fixed Contract for $3,800.00 to O'Malley Precasting. Sonny Dean, Director of General Services, explained., that the low bid was not accepted because they bid the walls at 6" rather than the 8" specified, and staff recommends that we move to the next lowest bid. APR 11 58 BOOK 76 FACE 574 APR 11199 BOOK 76 PAGE 575 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Bid #89-52 to O'Malley Precasting in the form of a fixed contract in the amount of $3,800 for drainage structure for Florida Ridge Subdivision, as recommended by staff. BOARD OF COUNTY COMMISSIONERS 1840 25th Strut. Vero Beach. Florida 32960 • T.1.oeo..: I351 6874000 ReCOmmeMled Aword O'Malley Precast Inc. lamp= Temsitown 2247011 Date 3-28-89 1 PURCHASING DEPT. BID TABULATION Submitted By 'Dominick L Mascola PURCHASING MANAGER Bid No. 889-52 Date Of Opening 3-28-89 Bid Title Drainage Structure for . 133800.OD Florida Ridge Subdivision 1.* DEL ZDTTO MFC 2. O'MALLEY PRECAST INC. 3. U.S. PRECAST CORP 4. MACK PRECAST CORP 5. WELL INDUSTRIES 51430.00 53800.00 $3880.00 51970.00 54150.00 (*Did Not Net Snerifiratinnal 6. TAYLOR PRECAST 7. DAVIS METER AND SUPPLY 8. SUPERIOR PRODUCTS COMPANY 9. STANDARD PRECAST • c4Fnn nn 54650.00 $4690.00 56450.00 59 NEW IRC HEALTH BUILDING - ARCHITECTURAL FEES The Board reviewed the following memo dated 4/3/89: DATE: TO: THRU: FROM: SUBJECT: APRIL 3, 1989 HONORABLE BOARD'OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES INDIAN RIVER COUNTY HEALTH BUILDING; ARCHITECTURAL FEES BACKGROUND: In February of this year the Board authorized staff to proceed with the subject project which has been dormant since mid 1986. On March 6, 1989 staff met with Lee Ramos, of Lemuel Ramos and Associates the original architect for this project. He was instructed to meet with Dr. Berman and staff to determine the scope of work required to satisfy today's clinic demands and furnish this writer with a proposed cost for the additional services. !ANALYSIS: On Wednesday, March 15,- 1989 Mr. Ramos furnished a proposal which outlined two alternatives of payment for the additional services as an amendment to the original contract. 1. ,Architectural Fee/hourly by Scope of Work Architectural Design & Design Development Architect Contract Documents, 1000 hr @ $60 Structural Civil Site Plan Approval Mech/Elec/Plumbing SUBTOTAL Extra Services Required $ 15,000 60,000 10,000 3,000 1,000 30.000 $119,000 Re -working the Facilities Program $ 8,000 Interior Design 8.000 TOTAL *$135,000 2. Architectural Fee by Percentage $1,450.000 (estimated additional construction cost to project) @ 8% $116,000 Extra Services Required Re -working the Facilities Program Interior Design TOTAL $ 8,000 8.000 *$132,000 * Does, not include the supervision fee, which will be as per the existing contract. 60 APR 11 'Ng L_ m,of 76 PAGE 73 APR 11199 BOOK 76 FACE 577 Mr. Ramos has estimated construction cost at $90 per square foot which equates to $3,154,500 for approximately 35,050 square feet of proposed building. This writer communicated with Mr. Ramos on Thursday, March 16, 1989 expressing a concern that his fee was excessive. We negotiated his proposed $132,000 down to $110.200. According to Joe Baird, Budget Director we have already paid $145,800 for the original design of 25,500 square feet. This would equate to a total design fee of $256,000 for the proposed 35,050 square feet of new building. If we were to start anew today to build this 35,050 square feet building the following cost would be incurred: • 35,050 sq. ft. @ $90 = $3,154,000 Est. Construction Cost $3,154,000 @ 8% Architect Fees $252,360 Facilities Program 12,000 Civil Engineering in Site 5,000 Site Analysis 5.000 Total Fees $274,360 The County Administrator and Staff has met with Dr. Berman to ascertain the need for additional footage and redesign of the original 25,500 square feet. He has assured us that this proposal is necessary to meet the demands of today's clinical needs. FUNDING: The $110,200 additional` required funds will come from the grant monies received to construct a new health facility. RECOMMENDATIONS: Staff recommends Board approval to amend the existing contract with Lemuel Ramos and Associates for the additional services at a cost not to exceed $110,200. 61 General Services Director Sonny Dean advised that the architect has said that he can design this building whereby we would increase the square footage from 25,500 sq. ft. to 35,050 sq. ft. without erasing the footprint of the original building. With respect to the fees, we negotiated the architect down from $132,000 to $110,200. Commissioner Scurlock understood that we are not incurring another $110,000 expense because we failed to move ahead. Administrator Chandler wanted to clarify that because if the Commission had asked the architect to start a new building from scratch now, and if we were to use 8% to determine his fee, it would be within what that cost would be. There is no question that it is an increased cost from what it was in 1986 when it was designed. There are two reasons for that. 1) we are adding 10,000 square feet for primary care and maternity, and 2) there is some internal realignment from what was designed back in 1986. However, we are at less than if we were to start from scratch today. Dr. Bernard Berman, County Health Director, advised that the need for the additional square footage was not anticipated under the original design, and State -mandated primary care was just being talked about at the time. Commissioner Scurlock wanted that on the record because he didn't want to see in the newspaper that the original design is obsolete and we are spending another $110,000 on changes. Director Dean pointed out that the Veterans Administration, Environmental Health, and Welfare offices, all will be housed in this new building and the County will be saving $61,628 annually in rentals. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved an amendment to the existing contract with Lemuel Ramos and Associates for the additional services at a cost not to exceed $110,200, as recommended by staff. (ADDENDUM TO AGREEMENT BETWEEN OWNER AND ARCHITECT RECEIVED AND ON FILE IN OFFICE OF CLERK TO THE BOARD) 62 APR 11 1989 RooK 76 fAEr 578 APR 11 1989 BOOK 76 PGE 579 Dr. Berman asked if the Motion includes the amendment to the State local contract that allows us to use the funds that have been allocated by the State for this project, and Commissioner Eggert confirmed that it does. COMMUNITY DEVELOPMENT DIVISION - OFFICE ALTERATIONS The Board reviewed the following memo dated 3/22/89: TO: Jim Chandler County Administrator Thru: H.T. "Sonny" Dean General Services tor • SUBJECT: DATE: March 22, 1989 FILE: Community Development Offices Alterations n Williams, Supt. REFERENCES: ilding and Grounds Division Description and Conditions During Budget preparations for fiscal year 1988-89, funds were requested for interior alterations to the County Development Department's office space. The actual configuration of these changes was unknown at the time of request. Funding was approved at $6000.00. Community Development Director, Bob Keating, has since provided a more specific plan for altering the existing space. Unfortunately, the requested alterations far exceed the funds available within the Building and Grounds Division budget. Alternatives and Analysis The demolition of five existing offices and the reconfiguration of the space will require that the work be completed in phases. We hope to perform demolition, new walls, painting and carpeting in each area prior to employees returning to their respective offices. A combination of contracted and in-house labor will be used in order to move the project along and control costs. I have listed below the/elements of the project and the expected cost of construction of each. New Partitions $4500.00 Electrical ' $2300.00 HVAC $3500.00 Ceiling $300.00 Painting $700.00 Carpeting $8600.00 Total: $19,900.00 Previously Budgeted: $6000.00 Total Funds Required: $13,900.00 Recommendation Staff recommends approval of request for alteration of the Community Development office space and required funding. 63 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Scurlock, that the Board approved Budget Amendment #071 in the amount of $13,900 for alterations to the Community Development offices, as recommended by staff. Under discussion, Commissioner Bowman suggested that when this renovation is done they use portable walls so that you can adjust it later on. Let's make it flexible because you know very well that Division is going to increase. Administrator Chandler explained that the $6,000 balance would come from contingencies. The estimated cost really wasn't realistic when it was presented to the Board at budget time last July. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 071 DATE: April 17, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Building & Grounds Building Improvements 001-220-519-066.39 $13,900.00 $ 0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $ 0 $13,900.00 64 POooK % FN[5_..® APR 11 1989 APR 11 '1989 BOOK .76 PAGE 581 WATER SYSTEM IMPROVEMENTS - WEST SIDE OF U.S. #1 SOUTH OF OSLO ROAD - FINAL ASSESSMENT The Board reviewed the following memo dated 3116189: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: MARCH 16, 1989 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PIN DIRECTOR OF UTILI't''YTSERVICES WILLIAM F. McCAI PROJECTS ENGINEE ,_ WATER SYSTEM IMPROVEMENTS IRC PROJECT NO.: UW -87 -03 -DS WEST SIDE OF U.S. HIGHWAY #1 RESOLUTION NO. IV, FINAL ASSESSMENT BACKGROUND: The aforementioned waterline project was completed and certified on February 6, 1989. The Department of Utility Services is now requesting to have Resolution IV, associated with this project, approved to confirm the final assessment (see attached resolution). ANALYSIS: The preliminary assessment was determined to be $96,382.74. The final assessment has been determined to be $88,172.25 and the individual parcel assessments have been adjusted accordingly (see attached Exhibit A). RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners approve the final assessment roll and the attached resolution for collection. It is further recommended that this item be placed on the consent agenda, as the final assessment is less than the preliminary assessment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 89-37, certifying "as -built" costs for certain potable water main improvements on the west side of U.S. #1 south of Oslo Road. 65 RESOLUTION NO. 89-37 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN POTABLE WATER MAIN IMPROVEMENTS ON THE WEST SIDE OF U.S.#1 SOUTH OF OSLO ROAD DESIGNATED AS PROJECT UW -87 -03 -DS, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the water improvements for the property located with boundaries as described in this title, designated as Project No. UW -87 -03 -DS, were necessary to promote the public welfare of the county; and WHEREAS, on September 27, 1988, the Board held a public hearing at which time and place and the owners of the property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 88-94, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed In an attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed and has recommended modifying Resolution No. 88-94 proportionately downward, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 88-94 is modified as follows: The completion date for Project No. UW -87 -03 -DS is declared to be February 6, 1989; and the last day that payment may be made avoiding interest and penalty charges is 90 days after passage of this resolution. 2. The final assessment roll for the project listed in Resolution No. 88-94 and recorded in O. R. Book 810, Page 2593 et seq. shall be as shown on the attached Exhibit "A." 66 APR 1111989 LA00K (b FA(,. 5S4. APS 11 1989 Etoor; 76 PAGE 583 RESOLUTION NO. 89-37 3. The assessments as shown on the attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 4. The assessments shown on attached Exhibit "A" will be recorded by the County on the public records of Indian River County, and the lien shall constitute prima facie evidence of its validity. This resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Carolyn K. Eggert Commissioner Don C. Scurlock, Jr. Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly , 1989. Aye Aye Aye passed and adopted th,i s llth day of April BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By y c. heeler airman EXHIBIT A IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 67 AGREEMENT WITH FIRST BAPTIST CHURCH FOR LIBRARY PARKING ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the agreement with First Baptist Church of Vero Beach, Inc. for additional library parking. AGREEMENT THIS AGREEMENT, entered into this llth day of April , 1989, by and between the BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA,. 1840 25th Street, Vero Beach, Florida 32960 (COUNTY), and FIRST BAPTIST CHURCH OF VERO BEACH, INC., a Florida nonprofit corporation, 2206 16th Avenue, Vero Beach, Florida 32960 (CHURCH), WITNESSETH: That for and in consideration of the mutual covenants con- tained in this Agreement, the COUNTY and the CHURCH agree as follows: 1. The COUNTY and the described as: CHURCH will jointly utilize property Lots 4, 5, 6, 7 and 8, Block 28, City of Vero Beach Subdivision, as recorded in Plat Book 2, Page 12, Public Records of Indian River County, Florida, which lots are owned by the CHURCH, as a parking lot. The COUNTY will normally utilize the above parking lot during the daylight hours during the week, and CHURCH will normally utilize the parking area all day Sunday and on Wednesday nights, but each party will have the right to use the property for parking at all times. This agreement shall run with the land during the term of this agreement. 2. In return for the use by the COUNTY of this parking lot, the COUNTY agrees to plan, construct and pay for improving, constructing and maintaining the parking lot for the joint use of both parties. Plans, construction and costs must first be approved in writing by the CHURCH. 68 APR 11 1989 76 APR 1d1989 BOOK 76 PAGE 585 3. The COUNTY and CHURCH will jointly promulgate reason- able rules and regulations of the parking area. 4. The COUNTY and the CHURCH shall jointly utilize the above property for parking for an indefinite term of years from the date of this agreement. 5. If during the lease term, the CHURCH desires to construct a building on the property or otherwise utilize the property for its sole use, then, in that event, the CHURCH may cancel this lease by giving the COUNTY and the CITY OF VERO BEACH at least twelve (12) months' written notice, and if the termina- tion occurs during the first ten years of this lease agreement, the COUNTY shall be reimbursed as follows: Reimbursement = 1 _(Number of years utilized by County) x Construction Cost ( 10 -Year design life Any termination after ten (10) years shall require no reimburse- ment. 6. The COUNTY agrees to hold the CHURCH harmless from any and all claims for damages which may occur as a result of the use by the COUNTY of this parking lot during the time the public is allowed to use the lot, except for claims which arise out of the sole negligence on the part of the CHURCH. The COUNTY agrees to include the Church as additional insured for all liability for damages for any occurrence on the property. 7. This lease shall be recorded. WITNESSES: 91-164.-dq‘i.e. FIRST BAPTIST CHURCH OF VERO BEACH, INC. Q.0 , r' By am& 44^) (1)Chairman, Board of Deacons As to L'' RCH BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY a 4, /C By Chairma Attest: Gary C. Wheeler 69 CASH FORWARD BALANCES AT SEPTEMBER 30, 1988 The Board reviewed the following memo dated 4/4/89: TO: Members of the Board of County Commissioners DATE: April 4, 1989 SUBJECT: CASH FORWARD BALANCES AT SEPTEMBER 30, 1988 THROUGH: James E. Chandler County Administrator lib FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS Our auditors, Coopers and Lybrand, recently certified the financial statements of Indian River County for the 1987/88 fiscal year. The audit report has already been mailed to the State of Florida. The financial statements, however, are still being printed at this writing and will be presented to the Board when they are complete. One area of the statements that needs to be addressed is the balance of actual cash in the two General Fund accounts at September 30, 1988 versus the amount budgeted as cash forward. The chart below indicates the condition of these accounts: GENERAL FUND Cash left 9/30/88 $ 7,159,090 Less adjustment by auditors ($11,263) Balance of Actual Cash $ 7,147,827 Cash Forward expected (budgeted) at 09/30/88 Difference between Actual Cash at 09/30/88 and budgeted cash M.S.T.U. $ 3,037,400 TOTAL GENERAL FUND ACCOUNT TYPE $10,196,490 ($11.263) $ 3,037,400 $10,185,227 $ 3,004,269 $ 889,945 $ 3,894,214 $ 4,143,558 $ 2,147,455 $ 6,291,013 The actual cash forward balance exceeded the budgeted following reasons: balance for the 1. Last year the County had many more job vacancies than anticipated, in part due to deferral or cancellation of various projects. Less money was spent on personnel expenses than was actually planned. 2. The County received money from a lawsuit regarding time sharing projects. 3. The County had "seed" money in reserve. These are the funds that were to be spent on the start up costs of a capital protect (land purchases. financing costs. and design) that were not expended in the 1987/88 year. (i.e. Jail Phase III, and the new Health Building). It should be noted that the additional One Cent Sales APR 11 1989 70 KICK 6 F'46t. pit APP 11 1989 NM 76 PAGE 587 Tax just voted in will soon provide a constant revenue stream for capital improvements, and the County will no longer need as much "seed" money as before. There had to be an alternative plan of action if the "Optional One Cent Sales Tax" did not pass. ANALYSIS The County Administrator and budget staff have been evaluating possible uses for the cash that would most benefit the residents of Indian River County. After much consideration, the following applications are suggested: For the General Fund: South County Park land purchases South County Park - Begin Construction Computer System for the BCC Seed money for One Cent Sales Tax Projects Hurricane Fund - Reserve Working Capital for General Fund (must keep 60-90 days of working capital because revenues always lag behind expenses) $ 900,000 400,000 350,000 1,500,000 500,000 493.558 $4.143,558 Other Possible General Fund Uses: The excess funds can also be applied to the following: 1. Right -of -Way 2. Self -Insurance Fund 3. Sloan Property - for Mental Health Building 4. General Road Construction For the M.S.T.U.: Transfer to Road Construction for road paving, especially petition paving program Increase working capital (Cash Forward) M.S.T.U. RECOMMENDATION MEP $1,500,000 647.455 $2.147.455 Staff suggests that the Board consider applying the excess funds toward the items listed above or other priority areas the Board of County Commissioners deems appropriate. 71 Commissioner Scurlock asked why these recommendationswere brought to the Board before they were presented to the Finance Advisory Committee, which meets this afternoon. Administrator Chandler explained that it was a matter of timing so that we could get it to the Board and the FAC as promptly as possible. Commissioner Eggert wanted the Board to give careful consideration to operational expenses next year since there will be increased staffing for the jail and libraries. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board directed staff to present this matter to the Finance Advisory Committee before bringing it back to the Board. INVITATION TO OKEECHOBEE COUNTY TO JOIN TRI -COUNTY COUNCIL Commissioner Bowman wished to have the Board's authorization to invite Okeechobee County to join the Tri -County Council, since we have a lot of common problems, one being resource recovery. The name of the Council will have to be changed, of course, if Okeechobee joins. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously authorized the Chairman to write a letter to the Chairman of the Board of County Commissioners of Okeechobee County inviting that county to join the Tri -County Council. SOLID WASTE DISPOSAL DISTRICT MEETING Chairman Wheeler announced that immediately upon adjournment, the Board would reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. APR 111989 72 ElOOK l6 FliGE 598 APR 11 1889 BOOK 76 FAM 589 SOUTH COUNTY FIRE DISTRICT MEETING Chairman Wheeler announced that immediately upon adjournment of the Solid Waste Disposal District Meeting, the Board would reconvene sitting as the District Board of Fire Commissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:00 o'clock P.M. ATTEST: Clerk Chairman 73