HomeMy WebLinkAbout4/25/1989Tuesday, April 25, 1989
The Board of County Commissioners of Indian River C unty,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
April 25, 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.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested as Item 1 under the Consent
Agenda, the addition of a resolution stating the County's
opposition to the raising of height limits and densities in the
downtown area of the City of Vero Beach.
Chairman Wheeler requested the deletion of Item -9B - FCC
Request to Purchase Permanent Antenna Space on Hobart Tower.
Chairman Wheeler also requested the addition of the
following items:
1) Update and report of the County Correctional Planning
Committee on Phase III of the Jail and the proposed
stockade program.
2) Resolution asking the State to designate a portion of
the Sebastian River as a manatee protection area.
3) Resolution opposing proposed State legislation exempting
siting of schools from local land development
regulations.
4) Scheduling of Special Meeting for approval of bonds to
refinance Utilities debt.
Commissioner Eggert requested the addition of the
architectural specifications for the North County library.
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Commissioner Bowman requested the addition of a report on
the Tri -County Council of Local Governments.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
deleted and added the above items from today's
Agenda.
CONSENT AGENDA
Commissioner Scurlock requested that Item G be removed from
the Consent Agenda for discussion.
A. Reports
Received and Placed on File in the Office of Clerk to the
Board:
Minutes of Special Meeting of Board of Supervisors of
Delta Farms Water Control District and Income Statement
and Balance Sheet for Period Ending July 20, 1988; and
Vero Lakes Drainage District, Vero Beach, Florida,
General Purpose Financial Statements ending 9/30/88
B. Appointments to County Committees
The Board reviewed the following memo dated 4/18/89:
TO: Board of County
Commissioners
DATE: April 18, 1989 FILE:
SUBJECT: Appointments to County
Committees
FROM: Alice E. :White REFERENCES:
Administrative Secretary II
Due to the recent elections in Sebastian and Fellsmere, the
following appointments are offered for your approval.
Robert McCarthy - Sebastian
Transportation Planning Committee
Joseph P. Brooks, Sr. - Fellsmere
Transportation Planning Committee
Frank Oberbeck - Sebastian
Courthouse Advisory Committee
Robert McCollum - Sebastian
Economic Development Committee
We have also been advised that Councilman Lloyd Rondeau of
Sebastian has been appointed to the Economic Opportunities Council.
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ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the committee appointments as set out in the above
memo.
C. Approval for Out -of -County Travel
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously approved
out -of -county travel for Chairman Wheeler to attend
the Symposium on Indigent Defense in Florida, on April
26, 1989 in Tallahassee.
D. Management and Budget Office Under County Administrator
The Board reviewed the following memo dated 4/19/89:
TO: Members of the Board
of County Commissioners
DATE: April 19, 1989
SUBJECT: MANAGEMENT AND BUDGET OFFICE
UNDER COUNTY ADMINISTRATOR
CONSENT AGENDA
FROM: Joseph A. Baird(W
OMB Director
In recent weeks, Jim Chandler and I have discussed moving the Office
of Management and Budget under the direction of the County
Administrator. We feel that this action should create a more unified
government, one in which communication and efficiency would be
enhanced. Given this reasoning, this office would be willing to work
under Jim Chandler, County Administrator.
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ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously approved
moving the Office of Management & Budget under the
direction of the County Administrator.
Final Plat Approval - Cambridge Park Subdivision
The Board reviewed the following memo dated 4/10/89:
TO: The Honorable Members of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
Ro•ert M. Keati
CP
Community Deve opmwt Director
FROM: Stan Boling, AICP'v'J
Chief, Current Development
DATE: April 10, 1989
SUBJECT: RALMAR ASSOCIATES, INC.'S REQUEST FOR FINAL PLAT
APPROVAL FOR CAMBRIDGE PARK SUBDIVISION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 25, 1989.
PROPOSED DEVELOPMENT AND LOCATION:
CAMBRIDGE PARK SUBDIVISION is a proposed 113 unit fee simple
townhouse subdivision that is being developed on a ±24 acre parcel
of land located at 8005 S.R. 60 (20th Street). The overall
Cambridge Park development received major site plan approval in
1988; currently the site is under construction. By "platting
over" this project, the owners are creating fee simple townhouse
units which will be sold as a completed product with private
courtyards.
The subject property is zoned RM -6, Multiple -Family Residential -6
(up to 6 units/acre), and has an MD -1, Medium Density Residen-
tial -1 (up to 8 units/acre) land use designation.
On December 8, 1988 the Planning and Zoning Commission granted
preliminary plat approval for this project. Paul Domico, execu-
tive vice president of Ralmar Associates, Inc.; owner, is now
requesting final plat approval, and has submitted a final plat
that is in conformance with the approved preliminary plat.
ANALYSIS:
Section 10(G) of the subdivision
"plat over" townhouse projects to
property underneath and around
subdivision lot dimension and lot
4
ordinance allows developers to
allow the fee simple transfer of
the townhouse units. Normal
frontage requirements are waived
for such projects via the subdivision ordinance. The previously
approved townhouse site plan controls the construction of the
project and all related required improvements, while the subdivi-
sion plat delineates common areas and creates lots that can be
sold -off to unit owners.
The Public Works and Utilities Departments have no objections to
final plat approval. The County Attorney's Office has reviewed
the plat and has verified that all appropriate legal forms and
sufficiency standards have been satisfied. All applicable County
regulations regarding final plat approval have been satisfied.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to the CAMBRIDGE PARK SUBDIVISION.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously granted
final plat approval for Cambridge Park Subdivision,
as recommended by staff.
F. Final Plat Approval - Garden Grove PRD Phase 11 Plat
The Board reviewed the following memo dated 4/12/89:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
aA24-ii!'1 ' 441r
Robert M. Kea p g?AICP
Community Development Director
THROUGH: Stan Boling, AICP
Chief, Current Development
FROM: John W. McCoy4ie(
Staff Planner, Current Development
DATE: April 12, 1989
SUBJECT: FINAL PLAT APPROVAL FOR THE GARDEN GROVE PRD PHASE II
PLAT
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 25, 1989.
DESCRIPTION AND CONDITIONS:
Garden Grove PRD Phase II Plat is a proposed 68 lot phase of a
total 240 lot subdivision located on the east side of U.S. #1,
north of Midway Estates Mobile Home Park and west of Vero Shores
Subdivision. The zoning classification of the site is RS-6/RM-6
(6 dwelling units/acre). The land use designation is LD -2 (6
dwelling units/acre). The proposed density for the overall Garden
Grove Development is 4.12 units/acre.
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The Board of County Commissioners granted conceptual PRD plan
approval for the overall subdivision on August 25, 1988. At its
regular meeting of September 10, 1987, the Planning and Zoning
commission granted preliminary PRD plat approval to the Garden
Grove PRD. Subsequently, the developer obtained a land develop-
ment permit from the Public Works Department to construct all
subdivision improvements.
The owner/developer, Garden Grove Associates, 'Inc., is now re-
questing that final plat approval be granted to the Garden Grove
PRD Phase II and has submitted a final plat that substantially
conforms to the approved preliminary PRD plat. The Attorney's
office has determined that the plat is acceptable in regards to
legal form and sufficiency. The Utilities Department has inspect-
ed and approved all utilities improvements. The Public Works
Department has inspected all road and drainage improvements;
however, full contractor's lien releases have not yet been submit-
ted.
According to the applicant, the contractors cannot fully release
the liens prior to final plat approval. In staff's opinion, the
Board may grant conditional final plat approval to allow all
contractors to file full lien releases. After the releases have
been submitted to the County, all County final plat requirements
will be satisfied and the Board Chairman could then sign the plat
and the plat could be recorded.
RECOMMENDATION
Staff recommends that the Board of County Commissioners grant
final plat approval for the Garden Grove Phase II subdivision
subject to the following condition:
1. Prior to the Chairman of the Board of County Commissioners
executing (signing) the plat, the applicant shall submit full
lien releases from all contractors involved in the provision
and installation of all required subdivision improvements.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously granted
final plat approval for the Garden Grove Phase II
Subdivision subject to the condition set out in the
above staff recommendation.
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G. Delinquent Paving Assessment Request for Payment Extension
The Board reviewed the followina memo dated 4/14/R9:
TO: Board of County Commissioners
FROM:
DATE: April 14, 1989
RE:
rtes Vitunac, County Attorney
CONSENT AGENDA - B.C.C. MEETING 4/25/89
DELINQUENT PAVING ASSESSMENT
REQUEST FOR PAYMENT EXTENSION
The Tax Collector's Office recently received the attached
letter from Bessie Weaver in connection with her overdue
paving assessment. Ms. Weaver is requesting an extension of
the time to make her required monthly installment payments
to the County.
Staff requests direction from the Board regarding this
request.
Commissioner Scurlock explained that he pulled this item
from the Consent Agenda for discussion because there is no
recommendation for Board action. It appears that staff is just
asking for direction from the Board.
Attorney Vitunac confirmed that this is a policy matter.
There have been other requests for extensions, but the Tax
Collector is not authorized to give these approvals without the
Board's consent. The County Attorney's office and
Administrator's office have no objection to this.
Commissioner Bowman didn't see any mention of interest, and
Attorney Vitunac explained that there is no thought to giving
Mrs. Weaver an exemption from any payments. She will have to pay
whatever she would have had to pay, plus interest.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously granted
an 18 -month extension to Mrs. Bessie Weaver in
connection with her overdue paving assessment, with
interest to be collected on the extended
payment/payments.
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H. Release of County Liens
The Board reviewed the following memo dated 4/12/89:
TO: Board of Count Commissioners
Q
FROM:eC a R. Keller, County Attorney's Office
DATE: April 12, 1989
RE:
CONSENT AGENDA - BCC MEETING 4/25/89
RELEASE COUNTY LIENS
1 have prepared the following lien releases and request the
Board authorize the Chairman to execute them:
1. Release of 12 ERUs Building #44 Water and Sewer
for VISTA PLANTATION
2. Lot 8, Block 1 of LONE PALM PARK in the name of
VICK E. SHREVE and MILDRED H. SHREVE, his wife
3. Lot 3, Unit 3 of RIVER SHORES ESTATES in the name
of PAUL K MAYNARD and SHIRLEEN MAYNARD, his wife
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously authorized
the Chairman to execute the Release of Liens listed in
the above memo dated 4/12/89.
RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
I. Resolution 89-38 - Opposing the Raising_of Height Limitations
and Density Restrictions in the Downtown Area of the City of Vero
Beach
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously adopted
Resolution 89-38, opposing the raising of height limits
and densities in the downtown area of the City of Vero
Beach.
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RESOLUTION NO. 89- 38
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, OPPOSING THE RAISING OF HEIGHT
LIMITS AND' DENSITIES IN THE DOWNTOWN
VERO BEACH AREA.
WHEREAS, the present height limitations on
buildings in Indian River County and within the
municipalities within Indian River County, and the low
density, high quality development in Indian River County and
its municipalities are two of the main attributes which make
the quality of life in Indian River County and its
municipalities so Hesirabie; and
WHEREAS, Indian River County has made major
commitments to the downtown Vero Beach area to assist in its
redevelopment, including the location of the new main
library in the downtown area, and also including a proposed
new courthouse facility in the downtown redevelopment area;
and
WHEREAS, Indian River County intends to develop
its new courthouse facility within the parameters of the
existing 50 -foot height limitations and densities in the
downtown area,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida, that:
1. The foregoing recitals are affirmed; and
2. The Board of County Commissioners of Indian
River County, Florida, is opposed to any increase in the
height limits in the downtown area, and is also opposed to
any increase in densities in the downtown area.
The foregoing having been moved by Commissioner
Eggert and seconded by Commissioner Scurlock , upon
being put to a vote, was carried with a vote as follows:
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RESOLUTION NO. 89- 38
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
•
The Chairman thereupon declared the resolution
duly passed and adopted this 25th day of April , 1989.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
ATTEST
ton, Clerk
4 .e •
By
arw Wheeler, wv
y Chairman
PUBLIC DISCUSSION - REQUEST FOR PARTICIPATION IN THE ACQUISITION
OF McKEE JUNGLE GARDEN PROPERTY
The Board reviewed the following memo dated 4/24/89:
TO: Chairman Gary C. Wheeler
Board of County Commissioners
FROM:
DATE:
RE:
Charles P. Vitunac, County Attorney
April 24, 1989
ELECTION COST OF SUGGESTED REFERENDUM
CONCERNING McKEE JUNGLE GARDENS
You have indicated to me that the McKee Jungle Garden
Preservation Society, Inc. indicated an interest in having a
general obligatign bond referendum to raise the funds
necessary to purchase the McKee Jungle Garden site. The
society also indicated that it would pay for the cost of the
10
special election. You have provided me with a Division of
Elections' opinion which suggests that it would not be
proper for a public agency to authorize a referendum
only if the costs were to be paid by a private interest
group.
Florida Statutes §100.201 provides, in part, that "The
election cost of such referendum shall be paid in whole or
in part, as the case may be, out of the county, district, or
municipal.treasury." This section was added to the law
effective October 1, 1987. As a result of this law and of
the opinion of the Division of Elections, it .is my opinion
that it would be improper for the Board to condition its
grant of authority to hold a bond referendum only if the
cost of the election would be paid for by the McKee Jungle
Garden Society, Inc.
I know of no law, however, which prevents any group, such as
the society, from donating money to the general fund of the
county to be used for valid public purposes. All that the
law proscribes is the connection between the donation and
the county's call of the special election.
Commissioner Scurlock asked if a public discussion on this
matter today might jeopardize the County's position in any
current litigation on this site, and Attorney Vitunac advised
that we have won all the suits. There has been no thought of
downzoning to make the purchase cheaper, and that is the only
issue there is. He stated that his office is comfortable with
proceeding with this discussion today.
Chairman Wheeler asked if anyone wished to be heard in this
matter.
Grover Fletcher, President of McKee Jungle Gardens
Preservation Society, inc., expressed his appreciation of the
opportunity to speak on behalf of this group this morning, and
presented a computer printout of the names of its members, all of
whom have paid $5 to join the organization that is now one year
old. Being a former County Commissioner, Mr. Fletcher realized
that all of the Commissioners are very conscious of money at
budget time, but urged them to open their minds and hearts and be
conscious of the fact that all of these people are for something,
not against something.
Mr. Fletcher introduced the Board of Directors of the McKee
Jungle Gardens Preservation Society, and then turned the meeting
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over to Recording Secretary Susan Phillips, who presented a
20 -minute slidefilm presentation of the still beautiful gardens.
Chairman Wheeler commended the Preservation Society for
their magnificent presentation.
Diana Latta, vice president of the Preservation Society,
wished to take us through a journey of time that would paint a
picture back when Ponce de Leon landed in Florida....
I'D LIKE TO TAKE YOU ON A BRIEF JOURNEY.
A JOURNEY THROUGH TIME.
A JOURNEY THAT - HOPEFULLY - WILL PAINT A VIVID
PORTRAIT IN YOUR MINDS OF WHAT DEDICATION, PRESERVATION
AND FOUR HUNDRED YEARS OF GROWTH CAN DO.
THE YEAR WAS 1513 AND PONCE DE LEON HAD ARRIVED IN SEARCH
OF THE LEGENDARY FOUNTAIN OF YOUTH.
IN A COASTAL HAMMOCK NOT FAR FROM THIS FAMOUS EXPLORER'S
LANDFALL - A FIFTY YEAR OLD LIVE OAK TREE STOOD BOLDLY
AMID A COLLECTION OF SWAMP MAPLE, PALMS, AND PINES - ALL
OF THIS BOUND TOGETHER LIKE THE PAGES OF A ROMANTIC
NOVEL - WITH AN INTRICATE WEAVING OF MORNING GLORIES,
MOONFLOWERS, SPANISH MOSS, AND WILD GRAPE.
THE AWESOME BEAUTY OF RARE PLACES SUCH AS THIS WOULD SOON
CREATE A REPUTATION FOR FLORIDA AS THE PLACE TO GET AWAY
FROM IT ALL - TO RELAX AND RETIRE - BUT, UNFORTUNATELY,
REMOVING MUCH OF THIS UNIQUE HABITAT IN THE PROCESS.
YET - NOT EVERYONE WAS BLIND TO THE DESTRUCTION.
THANKFULLY, THERE WERE CITIZENS AND COMMUNITY LEADERS WHO
CARED ENOUGH TO PRESERVE - AND BECAUSE OF THEM - WE HAVE
MUCH STILL WORTH SAVING TODAY.
SOME 400 YEARS AFTER THE SPANISH EXPLORATION A REMARKABLE
VENTURE WOULD BEGIN IN THIS VERY SAME COASTAL HAMMOCK, AND
THE LIVE OAK THAT STOOD "THE OLD MAN OF THE JUNGLE" WAS NOW
BETTER THAN 450 YEARS OLD.
AND A NEW AGE WAS ABOUT TO BEGIN.
ENTER ARTHUR GLENN MCKEE - AN ENGINEER AND NATURALIST OF
GREAT IMAGINATION, CARING, AND WISDOM - WHO UPON SEEING THIS
INCREDIBLE PLACE SOUGHT AFTER AND ESTABLISHED A
PARTNERSHIP WITH THE CREATIVE GENIUS OF WALDO SEXTON TO
PRESERVE AND AMPLIFY THE BEAUTY OF THIS UNIQUE ENVIRONMENT.
TOGETHER THEY FORMED THE McKEE-SEXTON LAND COMPANY FOR THE
SOLE PURPOSE OF CREATING A UNIVERSE OF NATURE FOR ALL TO
ENJOY.
THE PLACE - MCKEE JUNGLE GARDENS.
WHAT THESE MEN SAW ALMOST 60 YEARS AGO WAS A NEED TO PROTECT
THESE LANDS FROM DESTRUCTION - A NEED SO COMPELLING THAT
MCKEE WOULD DEDICATE HIS FUTURE TO THE CREATION AND
GUARDIANSHIP OF THIS VERY SPECIAL PLACE.
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BEGINNING WITH THE VISIONS OF MCKEE AND SEXTON IN 1922,
PLANS BEGAN TO TAKE SHAPE FOR THE GARDENS. THE LANDSCAPE
ARCHITECT OF WORLD FAMOUS FAIRCHILD GARDENS IN MIAMI
SKETCHED NATURAL WALKING TRAILS THROUGH THE DENSE TREES AND
FOLIAGE.
MCKEE AND SEXTON INTRODUCED SPECIES AFTER SPECIES OF PLANT
LIFE FROM THE CORNERS OF THE GLOBE.
WALDO, OF COURSE, EMBELLISHED THE GARDENS WITH THIS UNIQUE
BRAND OF ARCHITECTURAL TREASURES.
THE COUNTLESS EFFORT THAT WAS POURED INTO THE GARDENS OVER
THE YEARS IS EQUALLY REMARKABLE - CREATING A PARADISE WITHIN
A PARADISE - A LIVING TEXTBOOK OF BOTANY.
JUST AS MCKEE AND SEXTON HAD INTENDED - IF THE TWO COULD
ACCOMPLISH LITTLE ELSE - THEY WOULD AT LEAST BE PRESERVING A
FEW SELECT PAGES OF PRECIOUS HISTORY FOR THEIR CHILDREN ...
AND THEIR CHILDREN'S CHILDREN.
MCKEE WATCHED AFTER THE METICULOUS CARE AND FEEDING OF THE
GARDENS - AN EFFORT THAT BROUGHT RAPID NATIONAL ATTENTION TO
THE ATTRACTION.
AND WHAT AN ATTRACTION IT HAS BEEN!
FROM THE PAGES OF NATIONAL GEOGRAPHIC TO THE NEW YORK TIMES
- ARTICLE AFTER ARTICLE HAVE LAUDED THE BEAUTY AND VARIETY
FOUND WITHIN THE GARDENS - A TOTALLY UNIQUE ENVIRONMENT
LITERALLY HUNDREDS OF YEARS IN THE MAKING.
THE LOCAL COMMUNITY, IN PARTICULAR, WAS QUICK TO ADOPT THE
GARDENS FOR A WIDE VARIETY OF REASONS. AFTER ALL...WHAT
BETTER PLACE TO LEARN OF PLANT COMMUNITIES THAN WITH SUCH A
COMPLETE ONE AS MCKEE...
WHAT BETTER PLACE TO SURROUND YOURSELF IN NATURAL BEAUTY -
TO GATHER YOUR THOUGHTS AND CREATE.
WHAT ASSET CAN WE PROTECT THAT WILL GIVE US BACK MORE
LASTING VALUE...OFFER US SUCH REWARDS...OR PROVIDE US WITH
AS MUCH MEANING IN THE FUTURE.
CERTAINLY NOTHING MORE THAN SUCH A NATURAL TREASURE.
HOW FORTUNATE OUR COMMUNITY HAS BEEN TO HAVE SUCH A JEWEL IN
OUR MIDST.
STILL, THE ECONOMIC TURBULENCE AND CHANGE OF THE SEVENTIES
DEALT A SEVERE BLOW TO THE GARDENS.
DURING THE MID -SEVENTIES, MCKEE JUNGLE GARDENS
EXPERIENCED TREMENDOUS GROWTH IN COMPETITION FROM MAJOR
ATTRACTION DEVELOPERS AS WELL AS A DECLINING DEMAND FROM
THE PUBLIC FOR PASSIVE RECREATIONAL FACILITIES.
AS A TOURIST ATTRACTION, MCKEE JUNGLE GARDENS WOULD HAVE TO
ADD MORE ACTIVE ELEMENTS OR REDEFINE ITS ROLE IN FLORIDA'S
TOURIST ATTRACTION COMMUNITY.
THE GARDEN'S MANAGEMENT, AWARE OF ARTHUR McKEE'S DESIRE TO
KEEP THE ATTRACTION AS NATURAL AS POSSIBLE, WOULD NOT
CONSIDER "TURNING THE GARDENS INTO A HIGH-TECH CIRCUS"
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NOW THERE IS A NEW OPPORTUNITY...
AND ALL THAT OPPORTUNITY NEEDS IS A COMMUNITY THAT WILL
SUPPORT IT AND HELP MAKE IT HAPPEN.
I HEARD IT SAID RECENTLY THAT WINNING TEAMS AND WINNING
COMMUNITIES DO NOT JUST HAPPEN, THEY ARE MADE BY PEOPLE WHO
CARE!!
MR. MCKEE AND MR. SEXTON SET THE EXAMPLE, LONG AGO, PROVING
JUST HOW MUCH THEY CARED.
THE JUNGLE GARDENS THEY ESTABLISHED BROUGHT PLEASURE TO FOUR
GENERATIONS OF VERO BEACH RESIDENTS, AND, ADDITIONALLY, TO
COUNTLESS VISITORS FROM ALL OVER THE WORLD - A GROUP AS
VARIED AS THE PLANT LIFE EXISTENT THERE.
LAST WEEK I TALKED WITH ONE OF THE GARDEN'S FORMER STUDENT
GUIDES OF THE EARLY 60'S, WHO SPOKE LOVINGLY OF HIS FOUR
SUMMERS THERE; WHO, BETWEEN TOURS, RETREATED TO THE LOFT OF
THE "HALL OF GIANTS" TO IMMERSE HIMSELF IN THE PAGES OF
CHARLES DICKENS. HIS WAGE WAS 75 CENTS AN HOUR, AND TODAY,
HE STILL REMAINS GRATEFUL FOR THIS EXPERIENCE AFFORDED
HIM.
IN TODAY'SSOCIETY, WHERE WE MUST DEAL ON A DAILY BASIS WITH
THE LIKES OF TEENAGE DRUG AND ALCOHOL ABUSE; THE
EVER-GROWING, STATISTICALLY SHOCKING INCREASE IN TEENAGE
SUICIDE; DEVIANT SOCIAL BEHAVIOR; AND EDUCATIONAL
ABANDONMENT -- ALL OF WHICH CARRY OVER TO THE ADULT
POPULATION -- SHOULDN'T OUR,COMMUNITY BE DOING SOMETHING
POSITIVE OUR CHILDREN CAN LEARN AND BENEFIT FROM?
LET'S RETIRE THE JUNGLE GARDENS FROM ITS ENFORCED SABBATICAL
AND LET THE CITIZENS OF VERO BEACH REDISCOVER THE "WORLD'S
FAIR OF NATURE" THAT LIES WITHIN ITS BOUNDARIES.
THIS IS A VERY UNIQUE OPPORTUNITY - ONE THAT WILL NOT LIKELY
PASS OUR WAY AGAIN.
1 WOULD CHALLENGE ANYONE TO REBUILD, IN ANY REMOTELY
CONVENIENT LOCATION, ANYTHING SIMILAR TO WHAT THE GARDENS
OFFERS EVEN TODAY FOR ANYWHERE NEAR THE COST NOW NEEDED TO
ACQUIRE THIS EXISTING TREASURE.
IT ABOUNDS WITH ALTERNATIVES ... OPPORTUNITIES... AND
POSSIBILITIES!!
LET'S ADMIT ALL PEOPLE TO THE CATHEDRAL OF THE JUNGLE .
WHERE THE SLANTING LIGHT SHINES THROUGH ... WHERE THE SONG
OF A BIRD ENCHANTS THE AIR AND FILLS THE SOUL WITH
TRANQUILITY
... WHERE EGGS OF TURTLES, FROGS, AND INSECTS ARE HATCHING
AND MILLIONS OF SEEDS SPROUTING
...WHERE THE THINGS THAT WILL NOT AWAKEN ARE GIVING LIFE TO
THOSE THAT DO -- AND THEREBY, SHALL LIVE AGAIN THIS SPRING
-- AND ALWAYS
...WHERE EACH LIFE IS PRECIOUS UNTO ITSELF FROM THE TINIEST
INSECT TO THE GREATEST TREE -- VIGOROUSLY PROTECTING ITS
RIGHT TO BE -- AND TO BECOME -- FOR UPON THIS ONE OBSESSION
RESTS THE CONTINUANCE OF THE UNIVERSE.
14
HAVE WE BECOME SO CALLOUSED AS TO MEASURE EVERYTHING ONLY IN
TERMS OF HARD DOLLARS, FAILING TO EXPLORE THE BOUNDLESS
POSSIBILITIES AND VALUE BEYOND THE PRICE TAG?
WILL VERO BEACH'S FIFTH GENERATION OF WOULD-BE VISITORS TO
MCKEE JUNGLE GARDENS BE ADMITTED ONLY THROUGH PICTURES OF
THE PAST??
AFTER FIVE CENTURIES, IS THE "OLD MAN OF THE JUNGLE"
DESTINED TO FALL IN THE WAKE OF THE BULLDOZER?
AS A COMMUNITY -- CAN WE LET THIS HAPPEN 7"7'777
1 THINK NOT -- BECAUSE LIKE OUR FRIEND THE JUNGLE...
WE HAVE GROWN FOR MANY YEARS AND WE HAVE LEARNED HOW TO
PROTECT AND DEFEND WHAT IS PRECIOUS IN OUR LIVES.
Kevin Doty, Vero Beach Councilman and local conservationist,
felt this is an opportunity for the County to do what is right at
a very reasonable price. He felt it is something we should do
because it is going to have a legacy far beyond our lifetimes.
In the process, he suggested that the County Commission consider
floating a bond issue to acquire the remaining wetlands along the
river, all the way down to Oslo Road and perhaps beyond.
Steve Hawkins, member of the Board of Directors of McKee
Jungle Gardens Preservation Society, pointed out the precise
location 'of = the subject property on a aerial view of the area. As
a point of reference, the McKee Jungle Gardens site is just south
of the Indian River Boulevard/4th Street intersection of U.S. #1.
It is a 19 -acre section that includes an easement for access into
Vista Gardens. In addition to the main site, there are two
sections of wetlands along the river that are available. A
section to the north is approximately 17 acres; the section to
the south is approximately 49 acres; and together, they have 2000
feet of river frontage. A fourth parcel further to the south is
also available and that is 14 acres of wetlands. The focus of
their activity, in terms of preserving the property, is the
19 -acre original site on U.S. #1. The additional property along
the river and down to the south has some potential for active and
passive recreation uses.
15
Iii!PR 2 5 1989
6 i6 5
APR 2 5 189
Boor 76 F,L,E68f
Referring to a conceptual site plan for McKee Jungle
Gardens, Mr. Hawkins pointed out the original trails that existed
in 1933, and noted that they would not be cutting any new trails.
They plan on going through there and cleaning out the areas that
already exist. Pavilions in a limited area in the front of the
site would house concessions, garden sales, and that type of
activity. There are also some areas where there would be
elevated trails or boardwalks that would allow easier access
without disturbing the vegetation. To the south of the original
19 -acre site, there are some open space areas that could be used
for an agricultural center, library, greenhouses, etc. A lot of
this, however, is open for discussion.
In conclusion of the Society's presentation, Mr. Fletcher
emphasized that they are placing its success in the hands of the
County Commission.
Commissioner Scurlock felt that when the acquisition of
McKee Jungle Gardens was first presented to the County
Commission, it was a missed opportunity in a lot of ways, at
least if nothing else, an opportunity to see just how the public
felt about it. Having lived in the community for over 30 years,
he did have an opportunity to see McKee Jungle Gardens just at
the very tail end of its glory, and felt we have an opportunity
here to consider what could be there in the future for our
children. Commissioner Scurlock felt the appropriate step today
is to conceptually approve moving forward toward the acquisition,
either through a decision by this Board or through a referendum,
and to direct staff and Comni$sioner Bowman, who has been heavily
involved in environmental issues, to spend some resources and
come back with a more concrete plan that can be presented at a
formal public meeting. He felt there are some significant
questions in terms of making sure that these gardens are
available to the public forever, and that the property will be
maintained properly.
16
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that the Board authorize
Commissioner Bowman to work with administrative
personnel, using county resources, to pursue this and
make the necessary contacts and bring back all the
facts.
Under discussion, Commissioner Eggert noted that McKee
Jungle Gardens has been a special place to her as it was a place
where she and her late husband spent a good deal of time. While
she is very supportive of doing something with it, she would like
to see a referendum held, or least a straw vote, to make sure
that we really have the community's support behind us in this
acquisition.
Commissioner Bowman felt we need to consider acquisition of
additional wetland areas and perhaps float a big bond issue for a
whole package of environmental acquisitions. She felt we should
acquire these wetlands now if we can possibly do it.
Commissioner Scurlock pointed out that this community just
passed the 1 -cent optional sales tax, and did so with the promise
that each 5 years we would put together a capital projects
program and go through the public hearing process, not a
referendum, to determine the use of those funds. In fact, we
will be using some of those funds as seed money for acquisition
of property for the South County Park near Oslo Road and 20th
Avenue where we plan on doing something similar to Memorial
Island. He would be supportive of a referendum if that was the
only way we could get it, but he was not sure that we need to
have a referendum on every item that comes before this Board. He
also pointed out that it costs money to hold a referendum.
Commissioner Bird asked about public access to the wetlands
along the river, and Mr. Fletcher advised that the Indian River
Farms Water Control District ties together the two wetlands via a
APR 2 6 1989
17
BUGK 76 F-687
APR 'OK
BOOK 76 ['AGE 688
right-of-way from U.S. #1 to the river. The Water Control
District has said there is no problem, conceptually, to utilizing
that right-of-way to tie together those two pieces of property.
Commissioner Bird understood that right-of-way crosses the
golf course on one hole, and felt some provisions would have to
be made on how to handle that situation.
Mr. Fletcher believed it would have to be a shuttle sort of
operation rather than just a random movement of people.
Mr. Fletcher reiterated that four parcels of property are
being offered by Mr. Ewing.
Commissioner Bowman understood that the 14 acres to the
south is a mosquito impoundment, and Mr. Fletcher confirmed that
there is public access to those 14 acres of impoundment.
Currently, the County sewage disposal plant is using that for.
effluent disposal. The Society likes the idea of having the
gardens site and the two parcels of wetlands to the north, but as
far as the wetlands property to the south is concerned, they will
leave that to the wisdom of the County Commission.
Commissioner Scurlock wanted to make clear that his Motion
was not to run out there this second and buy it. His Motion was
to direct staff and Commissioner Bowman to come back with a
concrete package that covers restoration, maintenance, operation,
available funds, etc., and then decide the issue of whether to
have a referendum.
Commissioner Bird liked the part of the Motion to have staff
look into the restoration and maintenance factors, because he
felt the realty is that it would take a substantial amount of
money and manpower to restore the beauty we saw in the slidefilm
presentation today. He felt that just buying it is the tip of
the iceberg, and his inclination is to have the MJG Preservation
Society, or some facsimile of that, manage, operate and restore
this facility, because we do not have the manpower in the County
Parks Department to take on the additional responsibility of
something of this magnitude.
18
Commissioner Bird was also concerned about any improvements
that might be required on U.S. #1 because of the development of
this project. He felt we need to do a little preliminary
research in that area so that we don't get into a tremendous
expense on the U.S. #1 corridor.
Attorney Vitunac advised that there are several ways to
borrow the money once there is an affirmative vote of the people,
i.e., bond anticipation note, tax anticipation note, M.S.T.U. ,
special district, general fund, and even revenue bonds if the
Board thinks this park will make revenue. There are at least 6
different ways to do this, and if the Board will give some
direction, staff can define those options.
Commissioner Bird understood that staff would look at all
those options in their review. He pointed out that we have about
90,000 people in this county, and felt the only problem with a
binding referendum is that a person who pays $10,000 in taxes has
one vote just like the person who pays zero tax. Unfortunately,
a referendum may be the only or best vehicle we have to get a
k
reading from the taxpayers in this County as to whether they are
willing to support such a project.
Commissioner Scurlock emphasized that is the reason he likes
the 1 -cent optional sales tax.
Attorney Chandler asked if there was any flexibility in the
45 -day timeframe from Mr. Ewing, and Mr. Fletcher advised that
the $2.5 million price was based on a referendum situation, but
felt that if Mr. Ewing senses a genuine interest from the County
Commission, there is a possibility of negotiating a better price.
Commissioner Bird asked again for assurance that MJGPS would
handle the restoration, maintenance, and operation of this site
in the future, and Mr. Fletcher confirmed that they have within
their members the expertise to do that. Their plan is to raise
$1 -million to place in an permanent endowment fund that in turn
would generate $75,000-$90,000 a year for the base operation and
19
APR 2 51989
EUOK FauE 6S9
APR 5 L
BOOK
7 PAGE69
perpetual maintenance of the gardens. If it goes to a
referendum, they are anticipating going for .75 mills, which
would generate, one time only, $3 -million. That would put half a
mill into the endowment fund to start with. If the County
Commission wants to go another way, they are optimistic that they
can go out and raise $1 -million for that endowment so that the
basic operation of the gardens can be maintained for a long time
to come.
Chairman Wheeler had some strong feelings about this matter
in a couple of areas. He felt that sometimes we have to almost
lose something before we realize how valuable it is to us. The
community has had time to come to realize its value, and the
interest in saving the Gardens has grown tremendously. He,
personally, is very supportive of acquiring these lands for
public use, but as a Commissioner, he will not vote to buy that
property without holding a referendum. He believed a referendum
would pass overwhelmingly, and that the majority of the people in
this community would be supportive when given all the facts.
Chairman Wheeler preferred to hear a Motion to proceed
immediately with drafting an ordinance and have the necessary
public hearings to hold a referendum and moving forward on this
and educate the community as to why we should acquire the gardens
and the wetlands.
Commissioner Bowman felt we need to have staff prepare a
package on this before going to referendum, but Chairman Wheeler
believed we could do them simultaneously,and come back within a
week or so with the necessary wording to go on the ballot.
Commissioner Scurlock agreed that if you educate the people
real well on the benefits of a project, they will vote for it,
and he didn't want to see a referendum fail simply because we
didn't put all our ducks in a row in a mad rush to meet Mr.
Ewing's timeframe.
Chairman Wheeler suggested tabling this for two weeks, but
Commissioner Scurlock wanted to vote on his Motion.
20
Administrator Chandler advised that from a staff
perspective, staff would need direction on whether to consider
all the funding alternatives or just prepare for a referendum.
Commissioner Bird leaned towards a referendum, but wanted to
look at the alternative of using the $1 -cent optional sales tax.
He felt that when we do put something on the ballot, we have the
obligation to present all the facts.
COMMISSIONER SCURLOCK restated his Motion, which had been
seconded by Commissioner Bowman:
"That the Board direct staff, along with some assistance
from Commissioner Bowman, to go ahead and pursue the acquisition
of this particular property, not only from the standpoint of just
the acquisition, but the operation/maintenance and the long
overall picture of this as well as the financing alternatives of
cash, bonding, short term borrowing, optional sales tax, and
general obligation bonds, and direct staff to bring back the
necessary facts to the Board so that when we can determine what
we are going to do, be it a referendum or not."
Commissioner Scurlock felt that if the Board feels more
comfortable with it going to a referendum, he could support that.
Chairman Wheeler wished to add the tourist tax to the list
of funding alternatives listed in the Motion, and
COMMISSIONER SCURLOCK ADDED THE TOURIST TAX TO THE LIST OF
FUNDING ALTERNATIVES IN HIS MOTION ON THE FLOOR.
Under discussion, Commissioner Scurlock asked if the Board
wanted him to expand his Motion or include something else.
Commissioner Bowman noted that Commissioner Scurlock's
Motion was to pursue the acquisition, but felt he meant to pursue
a study for acquisition.
Commissioner Scurlock felt the Commissioners all stated that
they wanted the park, and that the question is whether or not we
want to go to a referendum.
21
APR25
L
BOOK
7`6 FAL 691
APR 2 5 1989
BOOK 76 uu 692
Commissioner Bowman still didn't feel that Commissioner
Scurlock meant for us to acquire it.
Commissioner Scurlock asked Administrator Chandler, based on
the Motion and the job that staff has been given on this, if he
felt 30 days is a realistic timeframe for coming back to the
Board with a recommendation.
Administrator Chandler didn't think staff could have a total
package together in 30 days, in terms of all the funding
alternatives and operation/maintenance cost figures, but did feel
some of the front end work could be done in 30 days' time. After
sitting down with Mr. Ewing and Mr. Fletcher and identifying some
of our costs and putting price tags on each parcel, it will be
possible to determine our financing alternatives. At this time
he wasn't clear whether the Board was looking at all of the
parcels or just the 19 acres. Administrator Chandler emphasized
that he and Joe Baird are scheduled to begin their budget
sessions this afternoon and that is something that cannot wait.
He felt, however, they could hit the basic elements and aspects
of this matter within a 30 -day timeframe, and hoped that Mr.
Ewing will show us some flexibility with regard to the 45 -day
timeframe when he realizes that it appears there is a sincere
expression on the part of the County Commission to pursue this.
That would be one of the first things we would want to discuss
with Mr. Ewing.
Commissioner Bird felt that if Mr. Ewing gets a good clear
indication that it appears that at least a majority of this Board
is inclined to try to work out something to purchase the
property, he would take that into consideration of his
development plans for that property.
Mr. Fletcher advised that the point of date is 45 days from
the date of April 20, which makes it June 5th.
Commissioner Scurlock asked Mr. Fletcher if it would help,
after this Motion is voted on, to have another Motion that went
something like this: "In any event, no matter what happens when
this comes back to the Board, that the Commission is committed to
a referendum if we choose not to go ahead; in other words,
stating that, not necessarily in 90 days but at some point, we
would have a referendum, and Mr. Fletcher answered yes.
Commissioner Eggert wanted to be convinced not to because
right now she just felt the need for it.
Mr. Fletcher emphasized that one of the reasons they are
here this morning is because their staff doesn't contain the
necessary ingredients to negotiate and they need assistance from
County staff.
Commissioner Eggert had the feeling that they had given a
great deal more thought than maybe what has been expressed here
this morning in terms of the maintenance plan, etc, and felt that
part might not be as difficult as it seems.
Commissioner Scurlock understood that they have worked up an
operation/maintenance budget of approximately $180,000, and Mr.
Fletcher confirmed that they do have that data put together but
they hadn't wanted to inundate the Board with paperwork today.
Commissioner Bird suggested that they give that data to
staff so they wouldn't have to develop that from scratch.
Attorney Vitunac asked if they had obtained appraisals for
these parcels, and Mr. Fletcher advised that they didn't have any
recent appraisals and the only thing they were going by is the
current assessed value by Mr. Ewing's office.
Chairman Wheeler noted that the Motion had turned into a
lengthy discussion again, and asked Commissioner Scurlock to
restate his Motion once again and make it concise.
APR ('0(1K 75 FME6[3
2 6 yJ8�� 23
APR 25'���s?
BOOK 76 PACE 694 •
COMMISSIONER SCURLOCK STATED THAT HIS MOTION WAS
FOR THE BOARD TO AUTHORIZE STAFF TO DEVELOP THE NECESSARY
NUMBERS SO THAT WE CAN MAKE A DETERMINATION ON THE
ACQUISITION OF THE MCKEE JUNGLE GARDENS PROPERTY TO INCLUDE
THE MANAGEMENT/OPERATING TYPE EXPENSES THAT THIS WOULD
INVOLVE, AS WELL AS THE PROPER METHOD OF FINANCING AND THE
TOTAL PICTURE OF WHAT IT WOULD TAKE AND HOW IT SHOULD BE
PAID FOR, AND ASSIGN COMMISSIONER BOWMAN AS THE LIAISON
FOR THE COMMISSION.
COMMISSIONER BIRD SAID HE WOULD SECOND THE MOTION SINCE IT
IS A NEW MOTION.
THE CHAIRMAN CALLED FOR THE QUESTION. THE MOTION WAS VOTED
ON AND CARRIED UNANIMOUSLY.
�1.
PUBLIC HEARING - REQUEST FOR RIGHT -OF WAY ABANDONMENT OF 85TH
PLACE BETWEEN CR -510 AND 46th AVENUE (POINSETTIA BOULEVARD)
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 Pressdoumal, a daily newspaper published
at Vero Beach In Indian River County, Florida: that the attached copy of advertisement, being
In the mailer of gi:t7Vedd-red Ohl
In the _ - Court. was pub -
hatred In said newspaper In the issues of
s: 19I9
Alban! further says that the said Vero Beach Press.Journal Is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each daily and has been
entered as second class mall mailer at the post office in Vero Beach, in said Indian River Coun.
ly. Florida. for a period of one year next preceding the first publication o1 the attached copy of
advertisement: end allianl 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. O
Sworn to and subscribed before me this _ day of /� A.D. 19 fI
(SEAL)
usiness Manag
p,
y,J lod
71.44,144
PlokaV . Slate of Nam&
N'C �fr�e.Jdne1V roep
t..eM5..
24
NOTICE OF PUBLIC HEARING
. Notice of hearing to consider a petition for the
closing, abandonment, and vacation of a portion
of Poinsettia Boulevard (A.K.A. 85 Place) lying
between Blocks 9 & 10 of the Weona Park Sub-
division as recorded In Plat Book 2 Page 17 of
the official Public Records of Indian River Coun-
ty,said lands Lying and being in Indian River
Cunty, Florida, more particularly described as
follows:
Poinsettia Boulevard, as shown on the reptat
of Weona Park recorded In the Public Records
of Indian River County, Florida in Plat Book 2
Page 17, from the West line of Sunrise Street to
the Southeast right-of-way of SR No. 510, as
shown on a plan entitled "Right -of -Way Map
State Road No. 510, Indian River County, Flor-
ida" Section 88050.2504, Sheet 1 of 1, EXCEPT
a 35 foot -wide easement centered along the
centerline of said Street and running to the
above mentioned Smits.
• A public hearing at which parties in interest
and citizens shall have en' opportunity to be
heard, will be held by the Board of County Com-
, missioners In the County Administration Build-
ing, located at 1840 25th Street, Vero Beach,
Florida, on Tuesday. April 25, 1989 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings Is made. which includes the testimony and
evidence upon which the appeal is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By -s -GARY WHEELER, CHAIRMAN
April 5, 1989
The Board reviewed the following memo dated 4/10/89:
TO:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
obert M. Keati g,CP
Community DevelopmLsnt Director
THROUGH: Stan Boling, AICP
Chief, Current Development
FROM: John W. McCoy i ,'
�
Staff PlannerCurrent Development.
DATE:
SUBJECT: RAY SMITH AND CECIL JOHNSON"S REQUEST FOR RIGHT OF WAY
ABANDONMENT
April 10, 1989
It is requested that the data herein presented be given formal
consideration -•by the Board of County .Commissioners at its regular
meeting of April 25, 1989.
DESCRIPTION AND CONDITIONS:
Ray Smith and -Cecil Johnson have submitted a petition for abandon-
ment of 85th Place between C.R. 510 and 46th Avenue. Per guide-
lines established b* the Board of County Commissioners, the
petition was reviewed by all County divisions and utility provid-
ers having jurisdiction within the right-of-way. All reviewing
agencies have recommended approval of the abandonment, with the
provision that 35' drainage and utilities easement be retained,
centered in the subject right-of-way. This portion of 85th Place
is not part 'of the roadway system as noted on the County Thorough-
fare -Plan, and is not needed for the thoroughfare system.
The right-of-way is presently unused and wooded. The applicant is
requesting that this right-of-way be abandoned to facilitate the
commercial development of blocks 10 and 11 of the WEONA PARK
SUBDIVISION.
RECOMMENDATION:
Staff recommends that the County Abandon its rights to 85th Place
and that the Chairman of the Board of County Commissioners be
authorized to execute the attached resolution (Attachment #3),
with the following condition:
1. A 35' drainage and utilities easement be retained centered in
the subject'right-of-way.
2. Prior to the Chairman signing the
Resolution abandoning the r/w:;
the applicant shall file a unity
of title that is acceptable to the
Co. Atty's office, that unifies
all properties ly!ng south and
east of CR 510 in Blocks 9 and 10
of the Weona Park Subdivision that
are under the control of the
.applicant
APR 2 51989Doo,
25 76 F.A .05
APR 2 51999
BOOK 76 PAGE 696
Stan Boling, Chief of Current Development, advised that
because the applicants, who own all of those lots, want to
develop it as one parcel, staff is recommending the addition of a
second condition to the approval of the abandonment:
2. Prior to the Chairman signing the Resolution abandoning
the right-of-way, the applicant shall file a unity of
title that is acceptable to the County Attorney's
Office, that unifies all properties lying south and east
of CR -510 in Blocks 9 and 10 of the Weona Park
Subdivision that are under the control of the applicant.
Commissioner Bowman asked what would happen if someone
wanted to put in a development along Sunrise Avenue, and Mr.
Boling explained that this plat actually gives half the
right-of-way for Sunrise Avenue.
Chairman Wheeler opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There being none, he
closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation and adopted Resolution 89-39,
providing for the closing, abandonment, and vacation of
85th Place (Poinsettia Boulevard) between CR -510 and
46th Avenue.
RESOLUTION 89-39 WILL BE PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED ��
26
COUNTY SELF INSURANCE PROGRAM
The Board reviewed the following memo dated 4/19/89:
TO: Board of County Commissioners DATE: April 19, 1989
FR
James E. Chandler
County Administrator
FILE:
SUBJECT: SELF INSURANCE PROGRAM
REFERENCES:
In the current year we have proceeded with implementation of our modified
self-insurance program. To date, the experience has been good and the
transition has been relatively smooth. In my opinion, a good first step has
been taken.
Prior to next fiscal year, a number of critical decisions will be required
concerning the direction, scope, and strengthening of the program. These
decisions range from whether the program should expand to total
self-insurance, to appropriate funding levels, and to instituting necessary
internal controls and procedures. Additionally, as is expected with this type
program, our auditors Coopers and Lybrand have recommended that an annual
actuarial study be performed.
Attached are the results of a general review last month by our insurance
consultant, Siver Insurance Management. Also included, is a proposal for the
actuarial study and assistance needed, in my opinion, for continued
implementation of the program. I do not believe there is a need for the
quarterly meetings service or retainer services.
If the Commission concurs, funding in the amount of $23,000 would be
provided from General Contingency.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation for an actuarial study and
assistance in the continued implementation of the
self insurance program from Insurance Management
Consultants in the amount of $23,000; funding to come
from general contingencies.
Commissioner Bird asked when we expect to have a new risk
manager on staff, and Administrator Chandler expected it probably
would be in 60 days.
APS z 1989
27
f r,UC 69 1
Pr"
APR 2 5 1989
BOOK 76 pAGE 6 J8
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair4)
d
OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 076
DATE: May 2, 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
GENERAL FUND •
EXPENSE
Other
Risk Management/Prof. Services
001-246-513-033.19
$23,000.00
$ 0
Reserve for Contingency
001-199-581-099.91
$ 0
$23,000.00
CONSULTANT SELECTION PROCESS
The Board reviewed the following memo dated 4/19/89:
TO: Board of County Commissioners DATE: April 19, 1989
James E. Chandler
M: County Administrator
FILE:
SUBJECT: CONSULTANT SELECTION
PROCESS
REFERENCES:
As you are aware, we just recently released an RFP for a consulting firm to
develop the Courthouse Master Plan. In upcoming months there will be the
need for similar RFP's for other proposed projects. To .provide for a
consistent approach to selection of consultants, I would request that the
Commission consider the policy regarding composition of the review
committees. These committees interview, evaluate, rank, and recommend the
consulting firms to the Commission.
28
At the present time, the Committees are generally comprised of the
appropriate staff and the Commissioner whose area of interest or
responsibility the particular project falls within. I recognize the positive
aspects of this approach and likewise am not aware of any specific past
problems.
However, I also feel the process can be strengthened by taking full
advantage of /the professional staff capabilities and delegating the committee
evaluations eintirely to staff. In the short time I have been here, I have
found staff to be very competent and professional. By drawing on the
individual experience and expertise, I think solid, objective recommendations
can be developed for the Commission. Committee composition would vary from
project to project depending on the particular project and the expertise
required.
Regardless of the approach, I believe it would be beneficial for the
Commission to affirm a policy that would consistently be followed in upcoming
consultant selections, rather than doing so on a project by projsct asis.
Commissioner Scurlock listed several things he would like to
see take place in this very important process:
1) That the County Administrator be totally in charge of
appointing the technical staff members of the committee;
2) That the Administrator, or his designee, be the actual
receiver and disseminator of all material brought to the
committee, and
3) That it be an open process.
With regard to whether a Commissioner should sit on a
selection committee, Commissioner Scurlock believed that where
there is a particular standing committee where a Commissioner
represents that particular interest, i.e. utilities, parks and
recreation, transportation, finances, libraries, etc., a
Commissioner should sit on the consultant selection committee.
He didn't feel that those specific committees should be involved
in the actual selection process, however. In the areas where
there is no standing committee, he didn't see the need to have a
Commissioner involved in selecting a consultant. He pointed out
that this county has used a wide variety of consultants, and
believed that has been in an effort to get the best price.
Commissioner Scurlock just didn't under estimate having a
Commissioner involved where he or she has some expertise, and he
APR 2b 1989
29
BOOK 76 Fs;E 69
A.'3 2 51989 Boot(
6 P,kEE7OO
felt there is an element there that isn't technical or really
political. It is just an avenue to express what the Board senses
from the community. That is the type of process he could
support.
Commissioner Eggert commented that she didn't have much
feeling about this one way or another until she started thinking
about how it would have affected the libraries, because if it had
been left totally to staff, we would have had the same
architectural firm for the south county library as we do for the
north county library.
Commissioner Bird had mixed feelings on the matter, but
recognized that a Commissioner serving on one of these selection
committees might have somewhat of an intimidating effect on the
staff members of the committee. -
Administrator Chandler did not have strong feelings on it
one way or another, but did feel that one person should be
designated to receive and disseminate all material coming in. In
addition, he felt we must maintain our credibility in the policy
that everybody who comes in the door is on equal footing.
Commissioner Scurlock noted that the Utilities Department
uses a point system in their selection process, whereby they
evaluate and score the consultants in 8 or 10 areas.
Administrator Chandler advised that is the process we are
proposing to use in handling the courthouse request for
proposals.
Commissioner Bird agreed that the makeup of the consultation
selection comrnittees should be up to the Administrator. With
regard to a Commissioner serving on a selection committee, he
understood that we have 3 options: 1) a Commissioner will
automatically be seated; 2) a Commissioner will not
automatically be seated; 3) A Commissioner will be on there by
invitation.
30
Commissioner Bird knew there are certain areas where he
could add some expertise, but there are other areas where he just
would be taking up space.
Administrator Chandler stressed that he was looking for some
consistency in our policy, and felt that we have a well qualified
staff that can go through these things and help the Commission.
Since we have a number of selections coming up in the near
future, he would like to see the Commission give some general
guidelines rather than coming back on an individual basis.
Commissioner Scurlock wanted to try a Motion that the
selection process be one where the County Administrator will
identify the technical staff to serve on the committee; where the
Administrator, or his designee, will be the direct liaison to
receive and disseminate all information coming in; and that it be
an open process where all evaluation forms are retained for
public record and open to the press. In addition, where there is
a standing committee where there is a Commissioner who represents
a particular area, that particular Commissioner will be named to
sit on the selection committee. Where there are no standing
committees or no area where a Commissioner has been involved, it
would be up to the Administrator to decide whether a Commissioner
should be seated on that Committee. -
Commissioner Bird asked if that meant that he would be
automatically seated on a selection committee if there was
anything in the RFP (request for proposal) that related to parks
and recreation, or that Commissioner Scurlock would serve on
something to do with utilities or finances?
Commissioner Scurlock explained that his Motion would be for
the actual selection committee, not the RFP, which is a technical
committee.
Commissioner Bird felt that is what Administrator is
recommending against, and Mr. Chandler reiterated that he just
feels that we should use our well qualified staff. By the same
APR 2 5 1989
31
ETOK 76 PAGE 701
APR 2 51989
FOOK 76 f'AGE 702
token, however, he could understand the value of a Commissioner
being on a selection committee.
Chairman Wheeler stated that he could live with however this
comes out since the Board will have the last word in approving
the selection. He emphasized that he has absolute confidence in
staff, but relies heavily on the input from a Commissioner who
works with a committee in a particular area.
Chairman Wheeler asked Commissioner Scurlock to restate his
Motion since it went into discussion without getting a second.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Eggert, that the Board
adopt a process for selecting consultants whereby...
1) The Administrator would select the technical members;
4
2) The Administrator, or his designee, would be the
individual to accept and/or disseminate any information
received;
3) The entire process be public and that all evaluation
forms be available to the press and to the general
public;
4) If there is a standing committee, i.e. recreation,
finance, library, transportation, etc., that the
Commissioner currently serving in that area be seated on
the selection committee; and
5) If there is not a standing committee or a Commissioner
who sits as a liaison person, the selection of a
Commissioner to serve on that selection committee would
be at the sole discretion of the Administrator.
Under discussion, Attorney Vitunac advised that the
selection process has to be open to the public, but noted that
all the law says is that the County Commission shall establish a
procedure.
Commissioner Bowman understood that we are just formalizing
a policy that can be followed consistently, and Chairman Wheeler
pointed out that if the policy doesn't work, Administrator
Chandler can come back and recommend a change.
32
William Koolage, 815 26th Avenue, quoted an old axiom in
business: "Give me the right to hire the consultant, and I'II
get the answer I want." He wished to see the Administrator have
a forceful hand in this process since he does not have any
political interest.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
REQUEST FROM SEBASTIAN POLICE DEPARTMENT TO CLOSE INDIAN RIVER
DRIVE BETWEEN HARRISON AND DAVIS STREET
The Board reviewed the following memo dated 4/25/89:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request from City of Sebastian Police Department
to Close Indian River Drive between Harrison
and Davis Street -- MA y /3, /999
DATE: April 12, 1989
DESCRIPTION AND CONDITIONS
Sergeant Ewert from the Sebastian Police Department is requesting
that Indian River Drive be closed at the Southpoint of Harrison
Street to the North point of Davis Street from 9:00 AM to 12:00
PM for a "Just Say No" Parade. Staff has no objection to this
request provided that:
1) Proper barricades as permitted by the Traffic Engineering
Department are installed.
2) A representative be listed as a contact person in charge of
the event in case the road needs to be opened.
3) Access to emergency vehicles be maintained.
APR 2 51989
33
Ekooh 76 Fg)E. 703
APR 2 1989
BOOK 76 PAGE 704
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the closing of Indian River Drive in Sebastian
between Harrison and Davis Streets, from 9:00 A.M. to
12:00 P.M. on May 13, 1989, for the purposes of a "Just
Say No" Parade, provided that compliance is made with
the conditions set out in staff's recommendation.
DEVELOPER'S AGREEMENT FOR TURN LANE ALONG BARBER AVENUE (37TH
ST.) NEAR INDIAN RIVER MEMORIAL HOSPITAL
The Board reviewed the following memo dated 4/17/89:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Developer's Agreement for Turn Lane along
Barber Avenue (37th St) near Indian River
Memorial Hospital
DATE: April 17, 1989
DESCRIPTION AND CONDITIONS
Preliminary Plat Approval was issued on Dec. 15, 1988, to Medical
Service Center Company (Paul Koehler, Partner) for a Medical
Services subdivision which will have a new road connecting to
Barber Avenue across from the Indian River Memorial Hospital
entrance. A eastbound left turn lane along Barber Avenue is
required by the developer as a site related improvement. Since
the Hospital entrance will be directly across from the
subdivision, the County Public Works Department would recommend
that a westbound left turn lane be simultaneously constructed at
the Hospital and subdivision location. The cost for both
construction and engineering of the lanes could be divided
equally between the County and developer. The attached agreement
provides for equal funding between the County and developer for
the eastbound and westbound turn lanes.
ALTERNATIVES AND ANALYSIS
The alternatives are to approve the agreement and have the lanes
constructed or wait until the Indian River Boulevard Phase III
project connects to Barber Avenue and the County perform the work
at that time.
RECOMMENDATION AND FUNDING
Staff recommends approval of the attached agreement and requests
authorization for the Chairman's signature. Funding to be from
fund #109-199-581-Q99.91 Secondary Road Contingency Fund
($477,988 balance). The estimated cost to the County is $20,000,
including $165 for engineering.
34
Commissioner Eggert asked if the hospital would be
participating in the funding for this improvement, and Public
Works Director Jim Davis explained that the developer will pay
half and the County will pay half. A site plan has been
submitted by the hospital, and they will be paying traffic impact
fees. However, the nature of the hospital's improvements are
such that they are very minor, and the hospital will not be
participating in this particular agreement.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation, as set out in the above memo,
and Budget Amendment 072 in the amount of $20,000.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
TO: Members of the Board
of County Com,uissioners
FROM: Joseph A. Bair
OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 072
DATE: April 10. 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
SECONDARY ROAD TRUST FUND/
Enaineerina
109-214-541-033.13
$ 165.00
$ 0
SECONDARY ROAD TRUST FUND/
Construction in Progress
109-214-541-066.51
$19,835.00
$ 0
SECONDARY ROAD TRUST FUND/
Reserve for Contingencies
109-199-581-099.91
$ 0
$20,_000.00
APR 2 5 1989
35
boot( 76 FACE 705
APR 2 51999
BOOK 76 PAGE 706
EXECUTION OF DEED TO DANIEL PREUSS AND STEVEN PHILIPSON FOR 13
FEET OF RIGHT-OF-WAY ALONG CR -512
The Board reviewed the following memo dated 4/14/89:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directof-
SUBJECT:
c
Execution of Deed to Daniel Preuss and
Steve Philipson for 13' of Right -of -Way along CR512
DATE: April 14, 1989
DESCRIPTION AND CONDITIONS
Prior to the approval by the City of Sebastian City Council of
the one-way pairs project along CR512, developers Dan Preuss and
Steve Philipson deeded to the County on May 6, 1987, an
additional 27' of right-of-way along CR512. At that time, a 120'
wide right-of-way was being reserved along the existing CR512
roadway. The County's design consultant for CR512, Lloyd and
Assoc., Inc., is now recommending that a 94' wide right-of-way
will be sufficient for the three -lane eastbound roadway along the
existing alignment. This decision renders the south 13' of
additional right-of-way as surplus. Mr. Preuss and Mr. Philipson
are requesting that the surplus 13' be deeded back to their
ownership.
ALTERNATIVES AND ANALYSIS
Staff has considered this request and has no objection to
returning the 13' to the developers. Landscaping, potable water
well, parking and drainage was installed in this area and the
owners would have a difficult task selling the property with the
required infrastructure within County right-of-way.
RECOMMENDATION AND FUNDING
It is recommended that the Chairman be authorized to execute the
attached deed from Indian River County(grantor) to Daniel I.
Preuss and Steven Philipson(grantee) for the excess 13' of CR512
road right-of-way. No funding is applicable.
36
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized the Chairman to execute the deed from
the County to Daniel I. Preuss and Steven Philipson
for the excess 13' of CR -512 road right-of-way; no
funding is applicable.
Assistant County Attorney Bili Collins reported that
Attorney Michael O'Haire advised us this morning that Mr. Preuss
has a well on the property that is still owned by the County, and
wished to have the authority to work out the necessary easement
agreements to allow Mr. Preuss to keep his well and drain his
property on County right-of-way.
COMMISSIONERS EGGERT AND SCURLOCK AMENDED THE MOTION to
include authority for Attorney Collins to work out the
necessary easement agreements to allow Mr. Preuss to
keep his well and drain his property on County
right-of-way.
THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION AS
AMENDED. It was voted on and carried unanimously.
COPY OF COUNTY DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
(ORIGINAL AGREEMENT AND COPY OF DEED OF EASEMENT ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD)
37
APR 25'989
GK '76 fgf. ?O
APR 2 5 1989
COUNTY CORRECTIONAL PLANNING COMMITTEE REPORT
BOOK 76 PAGE 708
Chairman Wheeler read aloud the following memo dated
4/24/89:
ti's -4-....a+-Board of County Commissioners DATE: April 24, 1989 FILE:
SUBJECT: Update on Proposed
Stockade Program
FROM: Gary Wheeler, Chairman
The attached document represents costs estimates that potentially
would be incurred in acquiring property, construction, furnishings,
staffing, support equipment, and rehabilitation/counseling therapy
for implementation of a Stockade program.
The Correctional Planning Committee met on April 21, 1989, and
discussed in some detail the concept and feasibility of a Stockade
program that encompasses a structured work environment. The
Correctional Planning Committee unanimously approved the concept and
agreed to place Phase III plans temporarily on hold for thirty (30)
days. During this interim the staff and Committee will study how
Phase III and the Stockdde might complement and interface in order
to make an intelligent recommendation to the Board of County Com-
missioners in terms of proceeding with both endeavors
The Stockade cost estimates total $1,256,480 or $12,565 per bed for
minimum/medium classified inmate. This figure includes the
acquisition of property in the amount of $250,000. Excluding
property acquisition, per bed costs amount to $10,065 as compared to
$42,856 (costs include renovations to support service areas) for a
maximum security facility.
Phase III of the jail will have to be constructed. However,
consideration should be given to the Stockade program as the
process by which some relief to the overcrowding problem being
experienced may be found during the eighteen month construction
period. It is my firm belief that a perpetual benefit is available
in a Stockade program that encompasses a work ethic structured with
counseling and rehabilitation therapy on site.
Chairman Wheeler advised that the Committee is working on a
new resolution for gain time which would give the correctional
officers a little more leverage in keeping sentenced prisoners
for a longer time if the Jail is not at capacity. The Committee
will bring this matter back after receiving input from the
Judges, the State Attorney's Office, and the Public Defender's
Office.
38
Chairman Wheeler reported that the Committee also plans to
ask the Judges, the Clerk, and Captain Reese to change the
sentencing dates, hopefully, to save a few days to a week in
sending these prisoners off to the State system.
Commissioner Scurlock asked if the Committee at some point
is going to get some sort of preliminary approval from the DOC on
the stockade staffing levels, etc.
Chairman Wheeler advised that they would be getting approval
on all of this, and have been in touch with the Health Dept. and
the DOC officials. They are trying to cross all their is and
dot all their is on what we can and cannot do in a stockade
situation. Apparently, there is some conflict from what we are
receiving from the DOC and what Captain Reese is receiving. We
don't agree in a couple of areas, and we are in the process of
sorting that all out and making sure which is accurate. That
will determine what direction we will go, and that is one of the
other reasons why we need the additional 30 days before going out
for construction bid.
MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE RECOMMENDATION
FOR MANATEE PROTECTION AREA IN SEBASTIAN RIVER
The Board reviewed the following Summary of Actions dated
4/21/89:
MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE
' Summary of Actions
April 21, 1989.
The Marine Advisory Narrows Watershed Action Committee met. on
April 21, 1989 and discussed the following subjects:
1) Sasan Rohani, Chief of long range planning, gave a brief
overview of the Sanitary Sewer and Potable Water
sub -elements of the comprehensive plan.
2) The Committee reviewed the Marine Resource Council's
proposed Indian River Lagoon project list for 1989-90. It
was recommended 'hat a MANWAC sub -committee be established
to come up with 'a list of goals and projects for the MANWAC
for the coming year.
3) The material requesting that the Indian River Lagoon be
considered for National Estuarine significance is sitting on
the Governor's desk and he is not taking any action on it.
It was suggested that interested citizens should write to
the Governor asking him to approve the request.
4) It was recommended that the County Commission adopt a
Resolution asking the State to designate a portion of the
Sebastian River as a manatee protection area.
39
ASR 2 1989
6._
POCK 76 f E 709
APR 2 5 1989
BOOK 76 FKiE 710
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 89-40, asking the State to designate a
portion of the Sebastian River as a manatee protection
area.
RESOLUTION NO. 89- 40
A RESOLUTION OF THE BOARD OF COUN
COMMISSIONERS OF INDIAN RIVER COUNTY
FLORIDA, SUPPORTING THE DESIGNATION OF A
PORTION OF THE SEBASTIAN RIVER AS A
MANATEE PROTECTION AREA.
WHEREAS, the Department of National Resources is
considering designating portions of the Sebastian River,
including the North Fork, as a manatee protection area; and
WHEREAS, manatees are observed in these areas in
great numbers regularly and ftequentiy; and
WHEREAS, the manatee would be eligible for
protection under Department of Natural Resources' rules
regulating the operation of speed or motor boat traffic were
this area to be designated for special protection;
NOW, THEREFORE, BE IT RESOLVED that the Board of
County Commissioners of Indian River County, Florida hereby
supports and endorses the efforts of the Department of
Natural Resources Jo provide special protection by rule to
the manatee habitat In the area of the Sebastian River,
especially the North Fork thereof.
The foregoing having been moved by Commissioner
Scurlock and seconded by Commissioner Eggert , upon
follows:
Aye
Aye
being put to a vote, was carried with a vote as
Chairman Gary C. Wheeler
Vice Chairman Carolyn K. Eggert
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Aye
Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution
duly passed and adopted this 2Sth day of April , 1989.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
ary
40
eeler, Chairman
RESOLUTION OPPOSING STATE LEGISLATION THAT WOULD EXEMPT THE
SITING OF SCHOOLS FROM LOCAL LAND DEVELOPMENT REGULATIONS
Chairman Wheeler reported that the Florida League of
Counties has notified us that Senate Bill 251 and House Bill 478
would exempt the siting of schools from local land development
regulations and prohibit local government from requiring a school
board to pay for necessary offsite infrastructure impacts of the
school. He recommended that the Board adopt a resolution
expressing our opposition to such an exemption.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 89-41, to the Governor and the Legislature
of the State of Florida, expressing opposition to
Senate BiII 251 and companion House BiII 478, which
bills would exempt the siting of schools from local
land development regulations.
RESOLUTION NO. 89-41
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY COMMISSIONERS, TO THE
GOVERNOR AND THE LEGISLATURE OF THE STATE OF
FLORIDA, EXPRESSING OPPOSITION TO SENATE BILL
251 AND COMPANION HOUSE BILL 478, WHICH BILLS
WOULD EXEMPT THE SITING OF SCHOOLS FROM LOCAL
LAND DEVELOPMENT REGULATIONS.
WHEREAS, Indian River County has adopted strong land
development regulations to ensure a higher quality of Ilfe
for all of the residents of Indian River County; and
WHEREAS, these regulations foster quality living by
providing well -sited, properly spaced, and easily accessible
properties; and
WHEREAS, the regulations are adopted after much
technical review„ and public input to ensure that the
protection needed by the residents of this county is
afforded to all; and
WHEREAS, Indian River County itself adheres to these
regulations, Including the payment of impact fees, whenever
the County undertakes any land development; and
41
APR 2 b 1989
ROOK C6 F'Au 711
APR 2 51989
COOK � V ria 712
WHEREAS, Indian River County believes that it Is
inimical to the quality of life which presently exists in
this county to give wholesale exemptions to any of the
County's land development regulations; and
WHEREAS, Senate Bill 251 and companion House Bill 478
would exempt school board siting from local land development
regulations; and
WHEREAS, school siting has a tremendous impact on the
land usesin its vicinity, because of the large number of
people who use the facility, the attendant traffic, and the
large acreage necessary for the school,
*NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Board strongly opposes Senate Bill 251 and companion
House Bill 478 and respectfully urges the Governor and the
Legislature of the State of Florida to likewise oppose these
bills.'
The resolution was moved for adoption by
Commissioner Scurlock and the motion was seconded by
Commissioner Eggert
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
, and, upon being put to a
Aye
Aye
Aye
,Aye
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 25th day of April, 1989.
Attest
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Gary
Cha man
eeTer
NORTH COUNTY LIBRARY SPECIFICATIONS
The Board reviewed the following memo dated 4/18/89:
TQ; James Chandler DATE: April 18, 1989 FILE:
County Administrator
Thru: H.T. "Sonny" Dean
General Services Director
SUBJECT:
North County Comm. Library
Architect's Presentation
Williams, REFERENCES:
ject Manager
North County Community Library
Please set aside time on the April 25, 1989 Board of County
Commissioners Agenda for a brief presentation of. the Final Design
of the above referenced project.
This should include request for authorization to proceed with the
State Library review and bidding for construction.
Commissioner Eggert reported that the architect did not get
his plans here in time for this meeting, and asked that this item
be tabled for two weeks.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously tabled
this item for two weeks. -
TRI -COUNTY COUNCIL OF LOCAL GOVERNMENT
Commissioner Bowman reported that Okeechobee County has
accepted the invitation to join the Tri -County Council of Local
Governments, and the Council is asking for approval to change
their name to Treasure Coast Council of Local Governments.
SPR 2 5 1989
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the name change to Treasure Coast Council of Local
Governments.
43
nor 76 f$1,E 713
APR 251999
BOOT 76 PAGE 71.4
Commissioner Bowman advised that in addition they are asking
permission to hire a lobbyist with the assessment for each county
to be on a per capita basis.
Commissioner Scurlock wanted to think about that, and asked
Commissioner Bowman to bring back further information on the
matter.
PARKS & RECREATION COMMITTEE REPORT
Commissioner Bird read the following Summary of Actions
dated 4/13/89:
PARKS AND RECREATION COMMITTEE
. SUMMARY OF ACTIONS
APRIL 13, 1989
The following is a summary of actions for the April 13, 1989
meeting of the Parks and Recreation Committee:
1) There was a brief review of the Recreation and Open Space
Element draft. There was no Committee action.
2) The Roseland Property Owners Association sent a letter
requesting several things. The Committee's recommendations
were:
Name the park in'Roseland the Roseland Community
erect a proper sign;
Parks crew will clean up and repair the existing.
tables and benches;
Park and
picnic
The request for a large covered picnic pavilion will be
referred to the North County Recreation Committee for
inclusion in their 1989-90 capital expense budget;
Jim Davis will check on the condition of the dock and boat
ramp and report back to the committee on the cost of
repairs.
(3) The County received a letter from DER on water quality
issues. We are not in compliance at Wabasso Beach Park,
Hobart Park and Dale Wimbrow Park. It was recommended that
staff look into what is needed to bring the County into
compliance and report back to the committee on the cost.
(4) There has been some vandalism in Gifford Park. The cranks
on the tennis courts need repair, and it was recommended
that the park gate be locked at 10:00 P.M. each night.
44
Commissioner Bird advised that the only action needed today
is to rename the park officially and authorize the Park's crew to
erect a proper sign. The sign is to be a standard metal sign,
and if they want something fancier, they can do that themselves.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously renamed
the park in Roseland as the Roseland Community Park
and authorized the Park's crew to erect a standard
metal sign.
REFINANCING OF UTILITIES DEBT
OMB Director Joe Baird advised that we just received verbal
confirmation this morning from Arthur H. Ziev of Gulfstream
Financial Associates, underwriters, that the County has been
approved for insurance by FGIC, and they will start selling the
bonds this afternoon if we reach agreement on the cost of the
insurance.
Director Baird advised that the Board needs to schedule a
special meeting for Thursday for all the Commissioners to approve
the sale of the bonds.
Chairman Wheeler officially called a special meeting for
Thursday, April 27, 1989, at 10:00 o'clock A.M.
SOUTH COUNTY FIRE DISTRICT MEETING
Chairman Wheeler announced that immediately upon
adjournment, 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.
APR 2 5 1989
45
nor 76 Ft, ,L 715
Fr"
APR 2 5 1989
BOOK 76 F'.A GE ?lb
DOCUMENTS TO BE MADE PART OF THE RECORD
A. Resolution 89-31A approved at the BCC Meeting of 3/28/89
has been placed on file in its entirety in the Office of the
Clerk to the Board
RESOLUTION NO. 89-31A
RESOLUTION ESTABLISHING THE DEVELOPMENT ORDER
APPROVING THE HARBOR TOWN CENTER DEVELOPMENT OF
REGIONAL IMPACT.
A Resolution of the County Commission of Indian River County,
Florida, making findings of fact and conclusions of law pertaining
to Harbor Town Center, a Development of Regional Impact, and
constituting this Resolution as a Development Order by Indian
t River County in compliance with law; providing an effective date;
and providing a termination date.
4,
WHEREAS, The Shopco Group has•filed a Development of Regional
Impact Application for Development Approval with Indian River
County, Florida, in gccordance with• Section 380.06, Florida
Statutes; and
WHEREAS, said Applicant proposes to construct 747,000 square
feet of gross leasable area of retail space and 64 residential
units, constituting a Development of Regional Impact on the real
property legally described in Exhibit "A" attached hereto and
located in Indian River County, Florida; and
WHEREAS, the County Commission as the governing body of
Indian River County having jurisdiction, pursuant to Chapter 380,
Florida Statutes, is authorized and empowered to consider Applica-
tions for Development Approval for Developments of Regional
Impact; and
WHEREAS, the County Commission on the 28th day of February,
1989, held a duly noticed public hearing on the Development of
Regional Impact Application for Development Approval and has heard
and considered the testimony taken thereat; and
46
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:30 o'clock A.M.
ATTEST;
APR 2 51989
Clerk. Chairman
47
BOOK 76 FAGt 717