HomeMy WebLinkAbout5/9/1989Tuesday, May 9, 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,
May 9, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler,
Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; and
Don C. Scurlock, Jr. Absent was Commissioner Margaret C.
Bowman, who was on vacation. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, Attorney to
the Board of County Commissioners; Joseph Baird, OMB Director;
and Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested that the following items be added
to the Agenda under the Administrator's matters:
1) Staff report on a proposed Joint City/County meeting (8A)
2) Scheduling of a budget workshop with the Sheriff (8B)
3) Property Appraisal for McKee Jungle Gardens property (8C)
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, Commissioner Bowman being absent, the
Board unanimously (4-0) added the above matters to
the agenda as requested by the Chairman.
CONSENT AGENDA
Commissioner Eggert requested that Item A be removed from
the Consent Agenda for discussion.
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MY 9 1989
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A.__Approval of Minutes of Regular_ Meeting of 4/18/89
The Chairman asked if there were any additions or correc-
tions to the Minutes of April 18, 1989.
Commissioner Eggert noted that on Page 19, the main thrust
of the Motion in regard to approving the floor plan and
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architecture for the Main Library wasn't so we could file for the
state grant, and she, therefore, would like to add language'to
the end of the Motion so that it would read "......and continue
to move forward with site plan approval and specifications."
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner, Commissioner Bowman being absent, the
Board unanimously (470) approved the Minutes of the
Regular Meeting of April 18, 1989.
B. Report
Received and Placed on File in the Office of the Clerk to
the Board:
Original and 2 copies of the 1988 General Development
Utilities, Inc. Annual Report for the Vero Beach
Shores and Vero Highlands Division
C. Approval of Crumpler Water Service Agreement
The Board reviewed the'following memo dated 5/1/89:
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DATE: MAY 1, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY VICES
SUBJECT: CRUMPLER WATER SERVICE AGREEMENT
PREPARED AND STAFFED BY: JOHN FREDERICK LANG
ENVIRONMENTAL SPECIX
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
The Crumplers, in order to build on their 80' x 125' lot, need
public water to build their home according to HRS regulations. This
will enable them to have a septic tank installed for the home on
their lot.
Attached is the agreement written by the Department to allow the
home to be'built and be served by public water.
ANALYSIS
The agreement delineates the need for an easement from the property
owner between the water main and the subject property and the
requirement to pay the future water main extension assessment.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners sign the proposed agreement so that the
Crumplers may receive County water and thus build their home.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, Commissioner Bowman being on
vacation, the Board unanimously (4-0) approved
an agreement with the Crumplers for extension
and installation of water services, thus enabling
them to build their home, and authorized the
Chairman's signature.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
MAY 9 1989 3 boor, 76
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D._IRC_Housing_Authority __Approval of Section 8 Annual
Contributions Contract A -3409-V
The Board reviewed the following memo dated 4/28/89:
TO: The Honorable Members of the DATE: April 28, 1989 FILE:
Board of County Commissioners
THROUGH: James E. Chandler
County Administrat r�C
SUBJECT: Request for approval and signature
on Section 8 Annual Contributions
Contract A -3409V
«' FROM: Guy L. Decker, Jr. REFERENCES:
Executive Director
IRC Housing Authority
140
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n- It is recommended that the data presented be given formal consideration
X,:- �: by the County Commission.
The Department of Housing and Urban Development has forwarded five (5)
copies of the Annual Contributions Contract (ACC) which have been amended to
include Project 006 to the existing Housing Voucher Program.
The documentation required by HUD for their final approval and execution
of the contracts is submitted for consideration and approval of the Board of
County Commissioners.
(1) Five (5) copies of ACC Part I Number A3409V of the Annual Contri-
butions Contract for the Housing Voucher Program. Original signa-
tures are required on all copies of the Contract and no change in
its format is permitted.
We respectfully request the County Commission to authorize its Chairman to
execute these Contracts for transmittal to the Jacksonville office of HUD.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously 4-0
approved the ACC Part I Number A -3409-V of the
Annual Contributions Contract for the Section 8
Program, and authorized the Chairman's signature.
COPY OF PARTIALLY SIGNED CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
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E. Budget Amendment #062 - Federal Revenue Sharing
The_Board reviewed the following memo dated 5/2/89:
TO: Members of the Board
of County Commissioners
DATE: May 2, 1989
SUBJECT: BUDGET AMENDMENT 062 -
FEDERAL REVENUE SHARING
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
On October 1, 1988 the actual cash forward balance for our Federal
Revenue Sharing budget was $145,279.71, the Budget Director had
anticipated a balance of $234,464.00. Most of the difference of
$89,184.29 results from an accounting adjustment made by our auditors
for equipment purchased by Road and Bridge that was charged in the
wrong year. Although the equipment was in fact budgeted in the Road
and Bridge fund, the auditors did an adjustment against Federal
Revenue Sharing. As a result, Road and Bridge was left with a higher
cash balance than anticipated on October 1, 1988.
Since the majority of capital item expenditures budgeted in Federal
Revenue Sharing were meant for Road and Bridge, staff feels that the
remaining monies in this fund should be transferred to them. Cash
Forward - Revenue - October 1 would then be increased thus enabling
Road and Bridge to purchase all capital items budgeted in Federal
Revenue Sharing.
RECOMMEENDATION
Staff recommends the Board of County Commissioners authorize the
transfer of money to Road and Bridge fund and approve the attached
budget amendment to close the Federal Revenue Sharing Fund.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
authorized the transfer of money to Road S Bridge
fund, and approved Budget Amendment #062, as
recommended by OMB Director Baird.
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TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird,
OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 062
DATE: May 2, 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
FEDERAL REVENUE SHARING
Revenues
Interest - Investments
102-000-361-010.00
S 6.146S
0
Cash Forward - October 1
102-000-389-040.00
S 0
S 89,185
EXpenses
Road & Bridge/Automotive
102-214-541-066.42
SS
61,116
Road & Bridge/Heavy Equipment
102-214-541-066.43
S 0
S 106,350
Office Furn.
Risk Mana ement and Eauipment
102-214-246-066.41
S 173
S 0
Fund Transfer All
102-199-581-099.21
S 84.254
S 0
ROAD AND BRIDGE
Revenues
Fund Transfer In
11-000-381-020.00
S 84,254
S 0
Cash Forward - October 1
11-000-389-040.00
9 83,212
S 0
Expenses
Road & Bridge/Automotive
11-214-541-066.42
S 61,116
S 0
Ro d & Brid a Hea E i ment
11-214-541-066.43
106 350
F. Budget Amendment #075 - Historical Grant
The Board reviewed the following memo dated 5/2/89:
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TO: Members of the Board
of County Commissioners
DATE: May 2, 1989
SUBJECT: BUDGET AMENDMENT 075 -
HISTORICAL GRANT
CONSENT AGENDA
FROM: Joseph A. BairdG
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment appropriates funding for $12,500.00
Historical Grant which the Community Development department received
from the Florida Division of Historical Resources.
Staff recommends the Board of County Commissioners approve the
attached budget amendment.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
approved Budget Amendment #075, appropriating
funding for a Historical Grant in the amount of
$12,500, as recommended by OMB Director Baird.
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
FROM: Joseph A. Baird
OMB Director
NUMBER: 075
DATE: May 2. 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
M.S.T.U.
Historical Grant
004-000-334-073.00
$12,500.00
S 0
EXPENSE
M.S.T.U.
Planning/Other Prof. Services
004-205-515-033.19
$12,500.00
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PRESENTATION ON NORTH COUNTY LIBRARY BY ARCHITECT
60011 76 96
Commissioner Eggert introduced William A. Bibo, Chief
Architect of Stottler, Stagg & Associates, to make a presentation
on the North County Community Library.
Mr. Bibo informed the Board that the plans and specifica-
tions for the North County Community Library are ready to go to
Tallahassee. He then displayed a model of the building they have
developed, noting that a great deal of the facade is made up of
reflective safety glass with a bronze tint. The building itself
will be a dark blue-green color. The parking will be in front of
the main entrance, and in addition to the staff offices, adult
reading and reference areas, and young adult and children's
areas, it will have a community meeting room which is separated
from the main part of the library off of the lobby.
Commissioner Scurlock commented that the building as
presented seems functional and it is very attractive.
Mr. Bibo stated that it is an energy efficient type of
building, very flexible, and designed so that it can be manned
with very little staff.
Administrator Chandler informed the Board that he feels very
comfortable with what is designed. It is well within budget; the
estimate is 1.2 million and we have 1.4 million set aside.
Commissioner Eggert advised that what is needed is a Motion
to accept the library plans and give approval so that when state
approval has been obtained, we can move ahead and go out to bid.
ON MOTION BY Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) accepted
and approved the library plans as presented and
authorized going out to bid upon said plans receiving
state approval.
8
PUBLIC HEARING -(ESTUARY DEVEL/MONICA_TAYLOR) TO REZONE TO RM -8
27 ACRES IN THE GIFFORD MXD
The hour of 9.05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Reach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
Court, was pub-
lZiA 0_
ished In said newspaper in the issues of
NOTICE — PUBUC NEARING
Notice of hearing to consider the adopdon-a..1
a County ordinance rezoning land from RS -8'1
Single Family Residential District to RM -8, Multi.
Family Residential District The SUbloct proper-
liesresen owned by EstuaryDevelopment
Corporation and Monica Taylor Eshleman we
located on the south side of 48th Street (Undsey
Road) approximately 27001.eaet ot58th Avsnug .1,
The subjects properties contain approximately.
27.48 acres and areNlnc In 8o".21. 7
Ship 32 South, Range 9 est
A public hearing at width parties 61
ntwom
and citizens $hall have an opponunHy to be
heard, will be held by the Board of County Com.
missioners of Indian River County, Florida In the
County Commission Chambers of the Countlyy
Administration Building,. located at 1840 25(ft.;
Street, Van) Beach, Florida, on Tuesday, May 9,
1889, at 8:015 a nL , - r'. •.,•� , ,.
The Board of County Commissioners may
grant a less Intense zoning district than the dls
trict requested provided R to within the same
general use category.
Anyone who may wish to appeal decision
which maybe merle at this meeting will need to
Afflant further says that the said Vero Beach Press -Journal is a newspaper published at ensure that a verbatim record of the proceed
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
Ings e made which includes testimony and ew.
been continuous) upon RiverCouch the ppeallsba$ed.
y published in said Indian River County, Florida, each daily and has been IndtanRlverCounty
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- Board of County Commissioners
P Y preceding P copy of April 19 1988 ary wheeler, Chairman
ty, Florida, fora period of one year next recedin the first publication of the attached
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this -1—.q— da of
usiness Mant ger)
(
(SEAL) ',,may l ublic, 5tcrl t 4 Flnrk r
; y,y Ccrnenmmun ax+Irta Jon,, ;O, .
k-10ttlnvGovluta. hauLaWA "
Staff Planner Robert Loeper made the staff presentation
recommending approval of the requested rezoning, as follows:
BOOP. / 1'F��E 197
MAY S 1 e
MAY 2 199 e ��)� 8
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TO: James Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
4
Obert M. Keati g, P
Community Developme Director
FROM: Robert M. Loeper/P/j%L
Staff Planner
DATE: April 25, 1989
SUBJECT: ESTUARY DEVELOPMENT/MONICA TAYLOR REQUEST TO REZONE
PROPERTY FROM RS -6 TO RM -8
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 9, 1989.
DESCRIPTION AND CONDITIONS:
Estuary Development Corporation and Monica Taylor have submitted a
request to rezone two parcels of land from RS -6, Single -Family
Residential District (up to 6 units/acre) to RM -8, Multi -Family
Residential District (up to 8 units/acre). The parcels contain
approximately 27.46 acres and are located on the south side of
49th Street (Lindsey Road), approximately 2700 feet east of 58th
Avenue (Kings Highway).
On March 23, 1989, the Planning and Zoning Commission voted 4 to 2
to recommend approval of this zoning request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped and is currently zoned RS -6.
Property to the north is zoned A-1, Agriculture District, and is
used for cattle grazing. Property east and west is vacant
property zoned RS -6, except for the cut out portion northwest of
the property which contains a residence. Immediately south, is
Cavalier Estates, a residential subdivision zoned RS -6. Housing
within the subdivision is scattered. A church is also located on
two lots of this subdivision adjacent to the subject property.
Property east of Cavalier Estates (southeast of the subject) is
zoned IL, Light Industrial and IG, General Industrial. That
portion adjacent to the subdivision is vacant property; further
east is an auto salvage yard. Property west of Cavalier Estates
(southwest of the subject) is zoned RMH-8, Mobile Home District
(up to 8 units/acre). Development in this area is scattered with
some mobile homes as well as site built housing.
Future Land Use Pattern
The subject property and all surrounding property south of 49th
Street is in the Gifford MXD, Mixed Use District. The Gifford MXD
permits a variety of zoning classifications including residential
densities up to 14 units per acre. Property north of 49th Street
10
is designated on the Future Land Use Map as LD -2, Low -Density
Residential 2, permitting up to 6 units/acre. The Gifford Small
Area Plan designates the property as RS -6, Single -Family
Residential, up to 6 units/acre.
Transportation System
The subject parcel has access on 49th Street (Lindsey Road) which
is a designated collector road on the County Thoroughfare Plan.
There are currently no operationial problems with this two lane
road segment.
Environment
The Comprehensive Plan does not
environmentally sensitive nor is
area.
Utilities
designate the subject parcel as
it located within a flood prone
Public water lines are in place along 49th Street. Sewer service,
while not currently available, is programmed for the area along
49th Street.
Analysis
In reviewing this request, staff has examined the existing land
use pattern, and the land use patterns set forth in both the
Comprehensive Plan and the Gifford Small Area Plan.
The requested zoning is of a higher density than currently exists;
however, the RM -8 is consistent with the MXD land use designation.
A review of existing land uses in the area reveals a vacant site
in a undeveloped area, in close proximity to a wide variety of
uses. Several of these uses are high density uses generally
incompatible with low density residential uses. In particular,
these include a concentration of auto salvage or junk yards on
North Gifford Road. Residential uses in the immediate vicinity
are confined to single family residences and mobile homes. Higher
density residential areas containing both single and multi -family
developments are generally located east of 43rd Avenue. The
Gifford Community Center and Park are located nearly at the
intersection of 49th Street and 43rd Avenue.
The MXD land use designation, which permits a broad range of uses,
was applied to those areas of the county which have a mixture of
land uses. Development and ,.redevelopment in the MXD's was
intended to be compatible with the dominate land uses while at the
same time permiting flexibility in dealing with these unique
areas.
The Gifford Small Area Plan was developed to provide additional
guidance for future zoning and development review and to
supplement the Comprehensive Plan. Among the major goals of this
plan is increased housing opportunities and neighborhood
development, decreased land use conflicts between industrial and
residential areas and the discouragement of several undesirable
land uses such as bars and auto salvage yards. The requested
zoning change is not consistent with the precise use in the
Gifford Plan; however, it does advance the objectives of the plan.
Conclusion
The subject parcel is located on the fringe of development in the
northwest portion of Gifford. As such, it will serve in the
future as a transition area between the broadly mixed and
sometimes incompatible uses of the gifford area from the lower
density residential area designated to the north and west.
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BOOK F'iJL 71)-0
MAY �9®9 MCI, d � F�:;'c 8490
In review of this request staff had concerns with the apparent
inconsistency with the small area plan. Further review has
relieved these concerns. The subject property is in an area which
will shortly have a full range of Urban Services which will
warrant or support the increased densities. The relatively large
size of the parcel will aid in the design and site plan
possibilities and ensure adequate transition between the MXD and
the low density area to the north. The close proximity of
incompatible land uses also raises questions regarding the
likelyhood of developing the property for single-family
residences. Therefore, staff is of the opinion that the increased
density and multi -family designation would be consistent with
county land use plans, provide and encourage efficient use of both
land and public services, and provide for increased housing
opportunities.
RECOMMENDATION
Based on the analysis performed, :staff recommends that the Board
of County Commissioners approve this request.
RMH-8
TR6 i TRT' TR8
A-1 ;
Subject
Property
.a.:e '49th 3T
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IG - 1 IL 1,1 I.
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R H-8
I4g RS -6
PALM I I
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Planner Loeper stated that said property is located west of
the Gifford Community Center and the Lindsey Road/43rd Avenue
intersection, and there is very mixed use in the surrounding
area, varying from mobile homes to Light Industrial and General
Industrial.
Commissioner Scurlock asked about the zoning in the large
area north of Lindsey Road, and was informed it was mostly RS -6.
Commissioner Eggert believed the subject property actually
is quite a distance west of the Community Center which is at 43rd
Avenue. She noted that when the P&Z went through the Gifford
Small Area Plan, a lot of the community turned out and a great
many of them indicated they wanted more single family. She,
therefore, has a hard time changing to multiple family just above
that area when the community told us they didn't want anything
but single family and that is why we zoned it RS -6.
Commissioner Scurlock agreed with Commissioner Eggert's
concern, and he also felt that the large tract to the north is an
extremely attractive piece of property that has a good chance of
being developed as one unit. He is concerned about the transi-
tion between this area and that property as he feels it has the
potential of becoming a real asset through a DRI process.
Chairman Wheeler informed the Board that he has had some
conversation with an individual who owns a house in the RMH-8
area and wants to add on a screen enclosure, but cannot because
his single family residence is a non -conforming use. The
Chairman noted that he would like to have consideration given to
changing the zoning where the mobile homes are to single family
residential. Then, of course, the mobile homes will become
non -conforming, but when they wear out or deteriorate, they can
be replaced with single family homes.
Commissioner Eggert wished to know how many acres there are
in the mobile home park between 45th and 47th Streets west of
51st Court, and Tony Brown of the Housing Authority advised it is
approximately 8-10 acres.
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MAY 919 soon 7 6
Commissioner Eggert commented that, in working with the
Housing Authority, she has found that although they have had some
problems, there still are a tremendous number of people in line
who want to get single family homes. It is difficult to do, but
it is something the community is continuing to work on.
Commissioner Bird felt the question is do we have more
demand.for single family homes with people who can qualify or
more demand for multi family.
Commissioner Eggert noted that Guy Decker and Tony Brown of
the Housing Authority are here today, and she asked them what
zoning is needed to make the multi family projects work.
Mr. Brown stated that it would require RM -10, and he also
noted that they are now dealing with FmHA to get a feasibility
analysis in that area for single family.
Commissioner Scurlock believed there is no question that
there is a need for both types of housing, and Commissioner Bird
agreed but just wondered what the present demand is and whether
we have an adequate inventory of property at 8-10 upa for someone
to do multiple family.
Commissioner Eggert asked if what is being presented today
is to be affordable housing, and Planner Loeper was not sure but
felt it is more middle priced.
Commissioner Bird believed that while many in that area want
the American dream of their own home, the hard reality is that
most simply cannot afford it. He believed the single family lots
are selling in the range of $10-12,000, which will eliminate
many. They certainly do need better than what they have now, and
he believed the only alternative is multi -family. He asked if
there are enough existing areas at 8-10 upa to encourage this
type of housing to be built.
Planner Loeper advised that staff will be looking at a lot
of this in the new Comprehensive Plan and especially in the Land
Use Element.
He is not sure what is being proposed is what
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normally would be considered low cost housing, but is more just
of an affordable nature.
Commissioner Eggert had a big problem with this being on the
agenda when we are bringing the Land Use Plan and the Housing
Element up to date, and they are still in flux.
Commissioner Bird wished we could do a new development plan
for the whole area, but unfortunately we have a very mixed bag to
deal with. He knew there are unsold single family lots available
in the Gifford area, but was not sure how many vacant multi
family apartment units there are in that area.
Guy Decker of the Housing Authority adv-ised that there are
no vacancies in the multi family apartments; in fact, they have a
waiting list of over 300.
Commissioner Eggert noted that is for the Victory Park type
thing, but there is also a list of over 100 waiting for single
family.
Planner Loeper continued to stress reasons for this property
being multi family, noting that the P&Z at first raised some
questions about whether this is buffering in the wrong direction,
but they agreed that this is a very difficult area. If Cavalier
Estates were not there, it would be a much cleaner decision.
However, the reality is that the services are in place that will
permit the higher densities, and considering the surrounding land
uses, the likelihood of single family being developed in the area
is questionable. Staff, therefore, felt this application was in
order.
Commissioner Bird pointed out that in order to make this
type of multiple family project economically feasible, you need
to have a tract of land large enough to accommodate sufficient
units to enable you to stretch the cost of the infrastructure
over a larger base. The problem in finding places for this type
of affordable housing in the Gifford community is that much of it
is already subdivided and broken up in small lots.
15 BQQR ;E,
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Chairman Wheeler was not sure that what is proposed answers
the need for low income housing.
Commissioner Scurlock noted that in the process of estab-
lishing water and sewer into this area, the message he kept
hearing is that the Gifford community doesn't want to be treated
differently on zoning issues for too long. He believed we are
finally trying to come up with a good plan that provides a mix of
housing that will upgrade the community, and he personally sees
this project as doing that. Commissioner Scurlock pointed out
that we have not proceeded with the demolition of many sub-
standard structures in the area, simply because we have had
nowhere to move the people. Also, as Commissioner Bird noted,
there are quite a few single family lots available. His one
I
concern is that he wants something to be developed that provides
a more compatible transition with the larger tract to the north,
and he felt what is proposed will give whoever ends up developing
that property a better opportunityeto do something nice.
Chairman Wheeler commented that looking at the map, he sees
good and bad. Right now you have 47th Street as kind of a buffer
into the area going north, and with this proposal, you will be
moving that to 49th Street. He personally would like to see the
RMH-8 areas readdressed as the need for residential development
becomes more prevalent in the area. He has mixed emotions about
what is proposed, and feels we may be a bit premature with the
new Comprehensive Plan still being developed.
Commissioner Bird noted that he is not that familiar with
the mobile home parks in this area. If they have not been
subdivided, he agreed we can do something with them, but if they
are sub -divided and the lots separately owned, it becomes very
difficult.
Director Keating advised that this is something that was not
an easy decision for staff, but they wanted to encourage develop-
ment and questioned whether single family would become a reality.
16
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Chairman Wheeler asked if putting this on hold a month or
two until we get further into the Comprehensive Land Use Plan
would help staff.
Director Keating did not think so. He explained that one of
the things they are looking at is in the Gifford MXD;
essentially, there is an allowance to go up to 14 upa, and the
idea was that could be an incentive for low cost and public
housing. What we are looking at here is a density of a lot less
than conceivably could go in there.
Commissioner Scurlock commented that he finds the Victory
Park project attractive, well maintained, and a real asset, and
it certainly compares more than favorably with what they have
done with single family. The comments he hears from the
residents are all positive.
Commissioner Eggert agreed, but wanted the Board to know
that one of the main reasons for that is Tony Brown, who is
running that project with an iron hand. She felt he deserves a
lot of praise.
The Chairman asked if anyone present wished to be heard.
John Hett, vice president and broker for Estuary Development
Corporation, the applicant, informed the Board that he purchased
this property for an individual who was interested in coming in
with private money. He is hearing a lot of talk about low income
housing, but would like to call this project more affordable
housing because this is a transitional area. He agreed that 8
upa is right at the threshhold for such a project and that with
10 upa, you are a lot safer, but Mr. McGeary, the developer, has
done these type projects all over the south for the last 40
years. Mr. Hett pointed out that since they are using private
money, they obviously are going to make sure the property is
maintained. He also hears over and over how the Gifford area has
been neglected, but this area is not conducive to single family
development. There is no demand for single family lots or homes
except on a rental basis, but there is a heavy demand for a
F�'C�Ux B a � Sf�
pp b17 F''
r4
AY p'poor e T
living situation. As to this being a transitional area, Mr. Hett
emphasized that you have junkyards to the SE and mobile homes to
the SW. If this becomes a rental residential neighborhood with
different owners, he believed everyone knows it is much more
difficult to have the constraints necessary to keep the
neighborhood up. He felt Mr. McGeary should be commended for
taking the risk.
Commissioner Eggert inquired what Mr. Hett expected their
market to be and about the need for rent subsidies in what they
are planning.
Mr. Hett answered that at the present, the idea is not to
use subsidies. If it turns out that they have to, they will.
They are talking about developing the first phase as a rental
situation and the second phase, possibly condos where it is
conceivable the government money could be involved as these
probably would be $30-40,000 units.
Commissioner Scurlock asked if Mr. Hett had any problem with
a 4 member Board voting on this proposal.
Chairman Wheeler commented that, to clear the air, Mr. Hett
has convinced him of the benefit of the proposed project.
Commissioner Eggert noted that Gifford is in her District,
and she always has pledged to the community that we would keep in
communication with them about things such as this. She did feel
this is an excellent project, however.
Director Pinto pointed out to the Board that the sewer and
water system was designed so that there are lines that run along
Lindsey Road and along 47th Street, and it was anticipated that
whole area would be developed.
Anthony Brown of the Housing Authority advised that they see
no problem with the area being changed if it helps the community
of Gifford. It is true there are a lot of vacant lots, but as a
result of the sewer and water project, this area now becomes
feasible for building. He felt the moderate to upper income
subdivision that is proposed will not help any of the problems
18
associated with the housing needs of the residents of Gifford
because if there are to be no subsidies, it would block out a
large portion of the residents. Mr. Brown felt the biggest issue
is that this violates the Gifford PLUM as well as the Land Use
Plan for the area, and he did not feel it would be acceptable to
approve this without first having a meeting to see how the
citizens of Gifford feel.
Commissioner Eggert believed there had been conversation
about having a middle income type of thing, and she asked if Mr.
Brown felt what is proposed would be beyond the school teachers,
business owners, etc.
Mr. Brown believed some of those people are moving in the
area, but they are building their own moderate to upper class
homes. If you put the moderate income houses for people in the
$45-60,000 area, he did not see any problem, but if it were $80-
90,000 homes or apartments with no subsidies running $400-500 a
month, the Gifford resident cannot afford that. He felt it is a
toss up. If what they are proposing can enhance the Gifford
community, he has no problem with it. If it doesn't, and it
brings in others and affords them a better life style, then he
has a problem.
Commissioner Scurlock believed the goal is to have a mix
in the Gifford community, and he did not feel you want to have
nothing but subsidized housing. The Gifford people should have a
variety of housing options to choose from in their own community.
Mr. Brown reiterated that he has no problem if what is being
proposed enhances the community and the PLUM and coincides with
what they are trying to do. If you are talking subsidized
housing, however, he pointed out that FmHA doesn't subsidize;
they give you a loan. He further stressed that if you lock this
acreage out for the Gifford resident and eat up the land, then
where do those residents go.
Commissioner Eggert asked Mr. Hett about the cost projected
for these units.
19
ROOK
AY S 1989
J
r
MAY
9
1989
BOOK
7
Mr. Hett felt
the rental rate in the first phase,
depending
on the size of the unit would be somewhere around $350-400 a
month. He did understand Mr. Brown's concern, but felt they are
in the same ballpark. They are trying to service the Gifford
community; Mr.'McGeary has told him that he intends to rent the
first phase and when they see how that goes, it will determine
how they proceed. He noted that it was possible that the rent
for a 3 bedroom unit could go up to $500 a month, but it all
depends on the marketing situation.
Commissioner Bird noted that we, of course, won't know
until we see the final results of the project, but if the project
is done along the guidelines indicated, it seems it will fulfill
a housing need in the community. He also liked the fact that it
is private enterprise and felt it will be an asset to the
community.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Scurlock, the Board unanimously approved
Ordinance 89-13 rezoning the subject property south
of 49th Street, and approximately 2700' east of
58th Avenue, to RM -8 as requested by Estuary Devel-
opment Corporation.
Commissioner Eggert explained that she voted for the Motion
because she is willing to take a chance that it will be good for
the community. She will watch it very closely, and if it should
turn out that it isn't, it will not happen again. We do need
development in the community, and she would suggest that staff
sometime during the sumer revisit the Gifford SAP with the
residents.
20
ORDINANCE NO. 89- 13
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FROM RS -6 DISTRICT TO RM -8 DISTRICT, FOR THE PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF 49TH STREET
APPROXIMATELY 2700' EAST OF 58TH AVENUE, 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 hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
THE WEST 10 ACRES OF THE EAST 20 ACRES OF TRACT 10 AND THE
WEST 660 FEET OF TRACT 10, SECTION 21, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, ACCORDING,TO LAST GENERAL PLAT OF LANDS OF
INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT
BOOK 2, PAGE 25; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED
PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT
10, RUN IN A SOUTHERLY DIRECTION ALONG THE WEST BOUNDARY
LINE OF SAID TRACT 10 A DISTANCE OF 283.60 FEET TO A POINT;
THENCE RUN IN AN EASTERLY DIRECTION 343.53 FEET TO A POINT;
THENCE RUN IN A NORTHERLY DIRECTION 283.60 FEET TO THE NORTH
BOUNDARY LINE OF SAID TRACT 10; THENCE RUN IN A WESTERLY
DIRECTION A DISTANCE OF 343.53 FEET TO THE POINT OF
BEGINNING. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
Be changed from RS -6, Single -Family Residential District, up to 6
units/acre to RM -8, Multi -Family Residential District, up to 8
units/acre.
21 ROCK 7
MAY 91989
ROOK 76 810
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 9th day of May ,
1989.
This ordinance 19th advertised in the Vero Beach
Press -Journal on the day of April , 1989, for a public
hearing to be held on the 9th day of May , 1989, at which
time it was moved for adoption by Commissioner Bird ,
seconded by Commissioner Scurlock , and adopted by the following
vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn C. Eggert Aye
Commissioner Richard N. Bird ye
Commissioner Margaret C. Bowman A sen
Commissioner Don C. Scurlock Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
Gary Wheeler, Chairman
DISCUSS AGENDA FOR PROPOSED JOINT CITY/COUNTY MEETING
Administrator Chandler advised that the County staff does
not have any specific items for the agenda for a joint meeting,
nor does City Manager Little have any from the staff's stand-
point. He understood, however, that the City Council members may
have some items, and believed they would be in regard to such
things as recycling, the Indian River Boulevard status, a
City/County recommendation on a 'turtle nesting Resolution, and
communication between the City and the County. Mr. Chandler
felt staff can give a general update on most of these items.
Commissioner Scurlock asked the Chairman if he had presented
the City with the Board's Resolution opposing any increased
building heights, and Chairman Wheeler advised that when he got
to the meeting, the Motion had been changed, the Council had
copies of the Resolution, and he did not feel it was necessary to
read it to them.
Commissioner Scurlock was concerned about this because
apparently Mr. Krause and Mr. Macht have attributed the proposed
height and density increase to him. This was given some
22
s � �
consideration early on in the planning for the Courthouse
Complex, and while he and Chairman Wheeler indicated the
architects should explore all possibilities, that was never an
indication they would vote for such a measure, and they, in fact,
did not. He wished to stress that he never has endorsed this nor
has the Chairman.
Commissioner Eggert believed at the last meeting the City
had some concern about our mitigation area for Indian River
Boulevard, and she personally would like to know what the
County's place is going to be in the YMCA, if any, and to
understand just what is going on in that situation.
Commissioner Bird advised that he has been to several
meetings regarding the Y. In fact, the initial meeting was
between Ken Macht and himself and members of the Y Board, but
because it was within the City, it was felt the City should take
the lead in purchasing the property. City/County Recreation is
proceeding ahead, and the thought would be, if the City acquires
the property and if we some day work out a joint City/County
Recreation Department, that simply would become another one of
the recreation facilities.
Commissioner Scurlock believed that Commissioner Bird has
worked diligently with Recreation over the years - trying to
acquire and expand the beachfront facilities - the golf course -
the
Ansin
property for a
South
County
park,
etc.
All along there
has
been
emphasis on the
fact
that the
City
had
all the recrea-
tion improvements centralized within the City, and we have tried
to expand and decentralize to provide opportunities countywide.
Commissioner Bird agreed, and noted that it certainly
becomes easier to work with them if you have a more equal footing
with facilities. The City still has many more programs than we
do, but we are getting there.
Discussion continued at length as to whether to have a joint
City/County meeting or not, and Commissioner Eggert felt we
should ask the City if they want this meeting.
;% 23 BOOK
MAY 9 1999 Rcu, 7
Chairman Wheeler stated that if the City wants a meeting, he
has no objection to meeting with them. Commissioner Bird,
however, believed it is unfair to staff just to have a casual
meeting without a more formal agenda.
Commissioner Eggert believed the City simply wanted an
update on things, and Administrator Chandler reiterated that
staff is prepared to give general status reports if that is what
is wanted.
Discussion continued in regard to setting a date for the
meeting and then determine if the Council members want a meeting,
and Commissioner Scurlock stressed that he wished to have a set
agenda.
It was agreed to schedule a joint meeting for May 18th at
9:00 with an agenda unless the City does not wish to meet.
PROPOSED BUDGET WORKSHOP WITH SHERIFF
Administrator Chandler informed the Board that he has been
in contact with the Sheriff, who has indicated that he is still
finalizing some facts and figures and wouldn't be available for a
full public meeting until probably the first week in July.
He did indicate, however, that he would be available to meet with
the Commission members on an individualized informal basis
between now and then.
Commissioner Eggert commented that she would have a hard
time meeting with the Sheriff if that information will not be
available until July. She felt a workshop would be very helpful.
Commissioner Scurlock informed the Board that he called the
Sheriff last Friday and suggested that he certainly would be
willing to sit down and go over figures. He stated that he has
found it is an almost impossible task to develop the numbers to
compare all the Sheriff offices in the state. He actually had
the County Commission secretaries call all 67 counties, and based
on that, it seemed there were some glaring inconsistencies. Then
24
S � _
second calls were made to all 67 counties to verify the numbers,
and it turned out that out of the 67, 45 were the same numbers
obtained the first time, and 22 were wrong. In Bay County, for
instance, they contract out for their jail and that figure was
not included. Commissioner Scurlock believed he now has a list
that is fairly accurate; so, he can understand that the Sheriff
probably is having the same difficulty in working up his numbers.
Commissioner Scurlock stressed that he has been trying to
gather information to see if we are treating our Sheriff fairly,
and it is a very difficult task to put this data together. Some
places were very uncooperative. He noted that he now has had a
number of other counties, including Sheriffs departments, asking
for the report that he has had put together. Commissioner
Scurlock referred to an article written by Phil Long of the MIAMI
HERALD, and believed he had made it clear that this was not
audited material, but just work done by one Commissioner to
attempt to learn about what the proper budget should be. This is
not meant to reflect negatively on the Sheriff. He just felt it
is important for this Commission, when you are spending 12
million dollars and asked to increase it by 4 million, that we
get some numbers to help determine that we are all playing in the
same ballpark and if we are doing a good job in funding law
enforcement. If these unaudited figures are correct, it would
appear that in the categories that seem fairly important, such as
sworn personnel per thousand population, we are in the top 20 of
the 67 counties.
Discussion continued in regard to the benefit of having
figures that jibe so we know where we stand when we work on the
budget. Commissioner Eggert did not have any problem with delay-
ing a workshop, but she did feel one is needed. If the Sheriff
cannot be ready until July, she felt that is when we should have
the workshop.
Commissioner Scurlock asked if the Chairman felt that he is
out on a tangent trying to get this information, i.e., is this
�oo� �
MAY 9 `1,90000 25
MAY S 1989 DooK 76 rr
what the Commission wants, or should he just stop trying to put
these numbers together.
Chairman Wheeler felt each Commissioner has a responsibility
to look at the numbers, and in talking with others about this, he
has found there doesn't seem to be any specific numbers anyone
agrees upon. The Sheriff is talking about a formula for long
range planning, but what formula. Chairman Wheeler felt the net
effect of gathering this information and having a workshop would
be healthy for the community as a whole. He gives credit to the
Sheriff that he has had the courage to ask for increases over the
last years and make the improvements that he has, and the Chair-
man believed we have an aggressive, well manned and well equipped
Sheriff's Department. The Chairman stressed that he is very much
interested in continuing the dialogue with the Sheriff and he
would like to have a workshop so we all can consider and evaluate
just what is needed. He did not believe anyone is on a "witch
hunt," but just trying to get some answers. We cannot justify
everything with numbers from other departments; we must look at
the needs of our county and what the community wants and what we
can afford. He personally felt the stockade theory would be
beneficial.
Commissioner Bird realized that trying to get these figures
has been frustrating, but we do need some numbers we can rely on,
and he was sure the people in the county are interested. He
wondered if between now, Commissioner Scurlock and the Sheriff
and the FDLE can reach some numbers all can agree on.
Commissioner Scurlock noted that he is just trying to find
the numbers, and he will be happy to present them to the Sheriff
at any time.
Commissioner Eggert personally appreciated his making this
effort.
After further discussion, it was agreed to set the workshop
on the Sheriff's budget for July 6th at 9:00 A.M.
26
PROPERTY APPRAISAL FOR McKEE JUNGLE GARDENS PROPERTY
Administrator Chandler reviewed the following memo:
TO: Board of County Commissioners DATE: May 8, 1989 FILE:
SUBJECT:
r
FRO • James E. Chandler REFERENCES:
County Administrator
As you are aware, I am in the process of preparing a feasibility study and
recommendations on the McKee Jungle Gardens proposal.
In that regard, I have had an initial meeting with Mr. Ronald Ewing. He
emphasized that from his perspective a decision must be made by early June.
If the property is acquired, regardless of the method of financing, two
appraisals are required. Additionally, an appraisal is needed to evaluate the
$2.5 million asking price for the 99 acres. Considering the time element,
requested quotes for two appraisals to be completed by June 9, 1989. One
firm could not complete the appraisal until the end of June. A second could
meet the time element, but we believe the fee of $6,300 is too high. Napier
Appraisal Services will provide an appraisal by June 9th at a fee of $4,500.
It is my recommendation that the Commission approve the appraisal by Napier
and authorize staff to obtain a second at a cost not to exceed $5,500.
Funding would be provided from the General Fund Contingency.
With this schedule I would intend to have a full report and recommendation to
the Commission at the June 13, 1989 meeting. In relating the schedule to Mr.
Ewing, Monday, he indicated that he would contact me Tuesday as to whether
it is acceptable. As a result, I would recommend that the approval be
contingent upon their acceptance of the schedule.
Administrator Chandler clarified that this is a separate
appraisal from the one needed for the lawsuit over the down -
zoning, and it would include the full 99 acres, including the
parcels in the wetlands.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Eggert, to approve the appraisal by
Napier Appraisal Services in the amount of $4,500 and
authorize staff to obtain a second appraisal at a cost
not to exceed $5,500, funding from General Fund Contin-
gency, as recommended by the Administrator.
27 BOOKY 9 1989 Flit
BOOK
Commissioner Bird commented that in addition to the
appraisal, he would like to see more definitive numbers and plans
as to restoration costs, a maintenance plan, fundings, etc.
Administrator Chandler confirmed that is part of the whole
study, and he felt comfortable that staff can give the Board the
full picture by June 13th.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0)
Commissioner Bowman being absent.
SURPLUS PROPERTY
The Board reviewed memo from CPO Dominick Mascola:
DATE: April 26, 1989
TO: BOARD OF COUNTY COW4ISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Serv' s
r
FROM: Dominick L. Mascola,,CCPO Manager
Division of Purchasing
SUBJ: SORPUJS PROPEEN
BACKGROUND:
i The Property attached herewith, from Various Departments, has
been declared Surplus to the needs of Indian River County.
ANALYSIS:
Staff reccmTends the authority be granted by the Board of County
Commissioners to declare surplus and authorize a sale of the
attached list.
E i' 0,002u o M •
A Surplus Property Sale open to the public will be held as per
State Statutes. The Seal Bid method, advertised in the local
newspaper will be offered indicating sale to the highest bidder.
A review of Surplus Equipment will be scheduled for all departments
to reclaim any Surplus Items, prior to advertisement for sale to
the Public. Items not sold at the sale will be offered on a in-
dividual basis to interested parties.
FUNDS:
The monies received from this sale will be returned to the
General Fund.
28
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BE IIi SF•U3ED OF.
BOOK
y 19893^
MAY 1999 c400K 'ira,
Commissioner Scurlock believed we had a plan to replace
radios and asked if this is part of that plan.
General Services Director "Sonny" Dean confirmed that these
are the radios that have been phased out and are no longer used
by the County. They will have an auction as there is some
interest and they are usable, but these radios are not compatible
with what we are using now.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) declared
the equipment listed surplus and authorized sale of
the same.
ADMINISTRATIVE MANUAL
Administrator Chandler reviewed the following:
To: James C. Chandler,
County Zoe,
ii2stra or
From: Jack Personnel
Date: April 28, 1989
Sub: Administrative Manual
A major goal of your Personnel Department is to completely
rewrite the policy manual for Indian River County operations
responsible to you. The process approved involves having units
of the Administrative Manual written by Personnel, reviewed by
your Department Heads, finalized by Personnel for your approval
and submission to the Board of County Commissioners for their
• authorization to issue. The attached units are ready for the
Board of County Commissioners. These represent approximately 15%
of the anticipated units (and much more than 15% of the total
anticipated pages). There will be 9 major sections of the
Manual. Units AM -101 through AM -106 make up the "Introduction"
section, for example.
Following authorization from the Board of County Commissioners,
each unit will be the topic of a Management Training session
designed to orient management employees to the material and lead
us toward a more consistent and uniform administration. As that
process moves forward additional units will be written and moved
through the review and approval stages. When the entire manual
is complete an abbreviated version of appropriate units will
become a new Employee's Handbook.
The format chosen for this Manual will accommodate the addition
of major divisions other than Personnel topics. Policy and
procedure sections from all Departments could result in a single
volume comprehensive operational guide for all Board of County
Commissioners operations.
If you approve, please request authorization from the Board of
County Commissioners to proceed.
32
Administrator Chandler asked that the pages numbered 69
through 71 in the backup material, dealing with Hours of Work,
Termination of Employment, and Grievance Procedure, be deleted at
this time as there are some technical questions on these, and he
would like to bring them back at a later date.
Commissioner Scurlock believed that staff apparently has
picked out certain portions that were easy to address and that is
what has been presented to the Board today.
Administrator Chandler advised that he and Personnel
Director Price discussed whether to bring the Board just what was
presented today or wait and bring it all at once. They are
shooting at having this entirely completed by the end of this
fiscal year, but felt that in the meantime, they should bring it
back in sections.
Commissioner Eggert had a few problems with the organiza-
tion charts for the General Services Department. They include
the Housing Authority, and the way it is set up, it looks as if
"Sonny" Dean is Guy Decker's boss, and he isn't; the Housing
Board is. Also, the Law Library doesn't appear in these at all,
and she felt there should be a dotted line, or something that
would indicate they work for different entities and are under
different supervision.
Administrator Chandler confirmed that they will change the
charts accordingly as well as those titles.
Commissioner Eggert further noted that on the Organization
Chart for the Emergency Management Services, Sebastian Volunteer
Ambulance Squad is listed, and that does not exist any longer.
Commissioner Scurlock commented that he has some areas that
he feels strongly about under Personal Conduct in the 800 series.
He believed that will be more difficult to develop the process in
terms of the hearing on a termination, going through the chain of
command, and exhausting your administrative remedy, and he felt
that should be looked at, especially in terms of the Board's
involvement.
He did not know today how he, as one Commissioner,
33
8001 761J 8?Z
would like this to be developed, but felt it should have some
special attention because he believed in the past the Board has
been put in a situation it doesn't need to get into and been
placed in the position of making judgments that in some cases
they are not capable of making.
Administrator Chandler noted that the only reason that
section on the termination was pulled was because they were
referring to another section they have not yet modified. He
continued to emphasize the need to get this all developed is a
top priority and all they wish to have now is the Commission's
indication that they concur with what has been presented today.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously (4-0) indicated
their approval of the units of the Administrative Manual
presented today, with the corrections noted, and
authorized staff to proceed as presented.
COPY OF ADMINISTRATIVE MANUAL UNITS APPROVED TODAY ARE ON FILE
IN THE OFFICE OF THE CLERK.
AGREEMENT WITH WILDER CORP. RE VILLAGE GREEN WATER & WASTEWATER
UTILITIES
The Board reviewed memo from Harry Asher of the Utilities
staff:
34
DATE: APRIL 26, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINT
DIRECTOR OF UTILIT SERVICES
FROM: HARRY E. ASHER jjJ&
ASSISTANT DIRECTOR OF ADMINISTRATION
SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
WILDER CORPORATION
VILLAGE GREEN WATER & WASTEWATER UTILITIES
BACKGROUND:
Village Green Utilities currently serves approximately 795
customers with water and wastewater service within the Village
Green Mobile Home Park. Due to problems with their water
treatment plant, Village Green Utilities has been providing water
service to its customers through an emergency connection to
Indian River County's water system since July, 1988. During this
same period of time, Village Green Utilities has experienced
various problems with their wastewater treatment facilities. As
a result of these problems, Village Green Utilities approached
Indian River County Department of Utility Services concerning the
possibility of Indian River County providing permanent water and
wastewater service to the Village Green Mobile Home Park.
ANALYSIS:
The County's policy has been to acquire such privately held
utilities and to expand its regional and subregional water and
wastewater facilities. Acquisition/service to this system will
assist us in implementing this policy in addition to expanding
the customer base of the County's water and wastewater systems.
Acquisition costs of the water and wastewater facilities are to
be financed through a credit for the impact fees that will be due
for the facilities that will be served.
Water and wastewater services to the Village Green Mobile Home
Park can be provided without any significant effect on the
operating costs of the County facilities and with no effect on
the rates and charges of the existing County customers.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that
the Board of County Commissioners approve the attached agreement
for water and wastewater service and purchase the various
facilities.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Scurlock, the Board unanimously approved
Agreement with Wilder Corporation re County Take -
Over of Village Green Utilities.
35 f-
jh)f 01989 EOOK F.�
MAY
• J
a
BOOK ; ��'�r'
?14
A G R E E M E N T
BETWEEN
INDIAN RIVER COUNTY
AND
WILDER CORPORATION
RE: COUNTY TAKE-OVER OF VILLAGE GREEN UTILITIES
THIS AGREEMENT, made this 9th day of May
1989, by and between INDIAN RIVER- COUNTY, a political
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960 (COUNTY), and WILDER CORPORATION, 3000
Gulf -to -Bay Blvd., Sixth Floor, Clearwater, FL 34619
(WILDER),
W I T N E S S E T H
That for and in consideration of the mutual
covenants and other consideration, the receipt of
which is hereby acknowledged, COUNTY and WILDER agree as
follows:
1. The COUNTY shall accept WILDER as a water and
wastewater customer of the COUNTY's utili-ty- system for
retail service to be provided to the customers of the
Village Green Water and Wastewater Utilities franchise,
under the terms and conditions of this agreement.
2. The COUNTY's obligation to provide service shall
begin only when the water and wastewater connections have
been made to a point specified by the COUNTY and only after
acceptance of the lines and other equipment by COUNTY; all
of which construction shall be performed by WILDER and at
WILDER's expense. The COUNTY shall issue construction
permits for the water and wastewater connections, lines,
force mains, lift stations, meters, and other appurtenant
equipment, after review and approval by the County Utilities
Department. WILDER is responsible for obtaining all other
permits that may be required from state, county, or local
agencies.
3. in return for the COUNTY's acceptance of WILDER as
a customer, WILDER agrees that it will pay to COUNTY an
impact fee of $1,140 per equivalent residential unit (ERU)
36
7�
_I
� � r
for water and $1,250 per ERU for sewer, or such higher
fee(s) as the COUNTY may establish from time to time --both
of which shall be paid at the time of sale or resale of
existing units within the Village Green Mobile Home Park
(PARK). Any structures that are connected that are not a
residence shall be charged an impact fee in accordance with
the COUNTY Rate Structure and paid upon connection to the
COUNTY Utility System. If the PARK is expanded, any new
residences will be paid immediately upon connection. At
twelve years from the date of this agreement, -WILDER shall
pay to the COUNTY the then -current impact fees for sewer for
all units within the PARK for which such impact fees have
not yet been paid. There shall be no time limit on the
payment of water ERUs.
4. Water will be furnished and billed through a master
meter of size to be determined to meet hydraulic
requirements, installed to COUNTY!s specifications, by
WILDER. An individual water meter shall be installed by
WILDER at each unit in Village Green as the units are sold
and the impact fees are paid. WILDER agrees that within 12
years from the date of this agreement, all units shall be
individually metered for water. At the time all units are
individually metered for water and the lost and unaccounted-
for water is equal to five percent or less of the water
being metered through the master meter, the COUNTY will take
over the operation and ownership of the internal
distribution system for water and WILDER will execute
appropriate Bills of Sale or other documents as are required
to acknowledge that fact.
5. At any time that the maximum infiltration rate into
the wastewater collection system can be determined to be ten
percent or less, the COUNTY will take over operation and
37
' ly' 19 Boor. 76 111,31 K'j
MAY 1999
d!
F" i �� , '?
BOOK F.�,
ownership of the internal collection system of the PARK and
WILDER will execute appropriate Bills of Sale or other
documents as are required to acknowledge that fact.
G. At the time of connection of the water and
wastewater system to the COUNTY utilities system, WILDER
shall transfer ownership of the existing water plant and
wastewater treatment plant to the COUNTY for the following
amounts:
(a) $30,000 credit for the water plant, and
(b) $40,000 credit for the wastewater plant,
for a total of $70,000 to be applied against the water
and/or wastewater impact fees.
7. As part of the required construction by WILDER,
WILDER will be obliged to construct a force main of capacity
greater than that necessitated by the PARK, and the COUNTY
will therefore allow an 80% credit against the cost of the
lift station and force main to be applied to wastewater
Impact fees and/or wastewater utility bills.
IN WITNESS WHEREOF, the parties have set their hands
and seals on the date first above written.
38
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By _
ary Wheeler
Cha i man
(Seal)
WILDER CORPORATION
B---' —
Mauricce�Wilder
President
(Seal)
_I
LEASED SPACE AT SOD FARM
The Board reviewed memo from John Lang of the Utilities
staff:
DATE:
APRIL 28, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRAT
/01C
FROM: TERRANCE G. PINT
DIRECTOR OF UTILI�dl SERVICES
SUBJECT: LEASED SPACE AT SOD FARM
PREPARED AND STAFFED BY: JOHN FREDERICK
ENVIRONMENTAL SPECIAL T
DEPARTMENT OF UTILITY ERVICES
BACKGROUND
The firm of Ag Evaluations has solicited the County to lease a 23,000
sq. ft. parcel of land at the sod farm. This firm is currently a sod
customer and needs an office and storage site due to the loss of their
current lease.
ANALYSIS
The lease would provide improvements to the office site on the sod farm
worth $5,760. After eighteen months, the lease could be cancelled or
renewed. The improvements need to be made and would be shared by the
current sod contractor, Brevard Sod and Ag Evaluations. The lessee
would provide all necessary insurance.
RECOMMENDATION
The Department of Utility Services recommends authorizing the tendering
of this lease proposal to Ag Evaluations.
Commissioner Scurlock realized that right now we don't have
any anticipated need for this particular property within the next
18 months; however, he felt the lease agreement should be
modified to make sure we maintain all of our options in terms of
timely notice if we should need it for effluent disposal.
Secondly, in regard to the $5,000, which equates before
depreciated value to about $320 a month, he questions the
usefulness of the fence, the paving, etc. What would make him
feel more comfortable with this lease would be to make sure we
have all the flexibility and ability for this small amount of
$5,000+ to say in 90 days you are out.
He was not sure this
r ��
39 BOOK �� ��,
MAY �� 689,
L-
r .
q`Y 9
Boa 76
fence or any of the other improvements are of any interest to us,
and felt it would be easier just to establish a small monetary
value. Thirdly, he wished to know if there is any
requirement to go out publicly to entertain proposals.
County Attorney Vitunac confirmed that there is a require-
ment when the County leases land to go out to public bid.
However, there is only one person making the proposal to us for a
100 x 200 piece of land to do certain things, and staff felt the
expense and effort of going out to public bid wouldn't be worth
it. It was felt this was almost like a sole source provider. In
regard to the termination ability, there are no termination
provisions earlier than 18 months and -if we cancel, we have to
pay for the improvements, but we can adjust that if the Board
desires.
Utilities Environmental Specialist John Lang explained that
the site in question is only half an acre. It contains a shallow
well and since we would not be allowed to use it for effluent
disposal within a 500' perimeter of that well, the entire chain
link enclosure would be exempted. Mr. Lang advised that Ag
Evaluations, our major bulk buyer of sod, had requested that the
County provide him a security enclosure for his tractor/trailer;
however, as the sod farm is a pay-as-you-go operation, he was
informed he would have to provide it. He lost his lease on
another piece of property where he kept his equipment, and since
at the sod farm we have a well that is not functional, no
electrical hook-up or phone hook-up, Mr. Lang felt the County
could benefit from this arrangement and that Ag Evaluation, our
bulk customer, could as well.
Commissioner Scurlock pointed out that the well could be
closed down and then we could use the property for effluent
disposal, and Mr. Lang agreed but noted there also is a building
that would have to be demolished
40
Commissioner Scurlock wondered if there would be any problem
with others saying Ag Evaluations is getting preferential
treatment, but Mr. Lang could not speak to that.
Commissioner Bird felt we should put in the 90 day clause,
and believed Ag Evaluation will go along with that. On 90 days'
notice you can always pull up the chain link fence, and it has
some salvage value.
Commissioner Scurlock noted that he is mainly concerned
about any limitation over 90 days.
Commissioner Bird wished to know when we are going to start
using this sod farm for effluent disposal.
Mr. Lang reported that St. John's is out there today
plugging two artesian wells. They have the gravity line in place
to put effluent out there; the irrigation equipment is on site;
and he hoped to be able to start using it Monday. It is
presently being used for sludge disposal.
ON MOTION By Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously (4-0) approved
Lease Agreement with Ag Evaluations, Inc., modified
to reflect 90 day notice for cancellation and any
removal of improvements and associated expense to
be a burden of the lessee.
{SAID'LEASE HAS NOW BEEN RECEIVED AND ON FILE IN THE OFFICE
OF CLERK TO THE BOARD)
41
i
BOOK �1 F.�,�: 89
L � J
Elm
800rK 830
VISTA PROPERTIES LAWSUIT OVER DOWNZONING TO OCR
Assistant County Attorney Collins reviewed his memo:
TO: The Board of County Commissioners
FROM:Lx)6- William G. Collins If - Assistant County Attorney
DATE: May 2, 1989
SUBJECT: Vista Properties Law Suit Over Down Zoning to OCR
On December 6, 1988 the Board of County Commissioners
rezoned approximately 101 acres of land in the vicinity of
U.S. 1 and Indian River Boulevard from CL to OCR. After a
public hearing on that date, the Board determined that the
OCR rezoning was in conformance with the Comprehensive Plan
which designated the property as a portion of the U.S. 1
commercial corridor and that the rezoning would lessen
traffic impacts in an area where the adjacent street
intersection was operating at a Level of Service E during
peak season, peak hour (unstable traffic flow and delays);
and that the OCR zoning would be more compatible with
adjacent residential development in the existing CL zoning.
On January 5, 1989 the owner of the property, Vista
Properties of Vero Beach, Inc., sued the County and
requested that the Circuit Court declare the down zoning
unconstitutional. Vista alleges no reasonably viable,
economic use of the property and no foreseeable market for
such uses as are allowed in the OCR zone.
In order to properly defend the County, expert testimony.
must be presented in court as to this issue. Thus, 1 would
request that the Board authorize the retention of an
appraiser and/or marketing analyst to address the issue
raised by Vista, i.e., the economic viability and
foreseeable marketability for any of the OCR uses on the
property which is the subject of this suit.
Attorney Collins informed the Board that this will be coming
out of the Planning Department's budget, and they have no funds
for legal defense costs; so, they will have to come back with a
budget amendment from the MSTU contingency funds.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously (4-0) moved
staff recommendation and authorized the retention of
an appraiser and/or marketing analyst to address the
issue raised by Vista Properties as requested by staff.
42
S
REQUEST FOR 2 ALTERNATES FOR CODE ENFORCEMENT BOARD
The Board reviewed letter from the Chairman of the Code
Enforcement Board:
ROBERT
A.
REID,
ARCHITECT,
P.A.,
SUITE 227 4445 N.
A.I.A. VERO BEACH,
flR 34963 (407)
231-4314
1989 a'co
April 28, 1989 N
.Gary Wheeler,' -Chairman
;:;•_ ,;:'' Indian River ' County Commission
1840 25th Street
Vero Beach, FL 32960
Dear Commissioner Wheeler:
�•�.:'tiff �,;-:;R. .. .. -
��' At'its April 24, 1989 meeting, the Indian River County
Code Enforcement Board voted (4-0) to request that the
County Commission appoint two alternates to this Board
and that their attendance requirements be the same as
regular members. This request is promulgated by a
history of less than the full attendance we feel is
necessary for fair hearings of those who appear before
us.
T for your consideration.
O
Robert A. Reid, Chairman
I.R.C.C.E.B.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Eggert, to approve the request that the
County Commission appoint two alternates to the Code
Enforcement Board with attendance requirements the
same as regular members.
Commissioner Bird felt it is one thing to ask someone to
volunteer for a Board that takes as much abuse as the Code
Enforcement Board does but questioned the provision that they
have all the same requirements as the members.
WAY 1nW
;J
43
z
WAY 01989 "'6
BOOK I F,.�E.
Attorney Vitunac informed the Board that there are at least
3 Bills before the Legislature changing the law re the Code
Enforcement Board. Attorney Brennan is preparing a synopsis of
these Bills, and he would like to delay action on this until
after June.
COMMISSIONERS SCURLOCK AND EGGERT AGREED TO WITHDRAW
THEIR MOTION.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously (4-0) tabled
action on the above item as suggested by the County
Attorney.
REQUEST FOR COMMISSION SUPPORT REGARDING NEED FOR BRANCH POST
OFFICE IN WEST COUNTY
The Board reviewed staff memo, as follows:
TO: Board of County CommissioneiQATE: May 2, 1989 FILE:
SUBJECT: Need for Branch Post
Office in Western Part
of Indian River County
FROM: Alice E. white REFERENCES:
•; ::.;.; _ Administrative Secretary II
Our office received a call from Mr. Robert Warrick, 7000 20th
Street, #732, Vero Beach, Florida 32966 (Telephone 567-2874)
requesting assistance from the County Commission in obtaining a
branch post office in the western part of the county. He said he
contacted the local post office and was referred to the Orlando
office; that office informed him that a building would have to be
built.
Mr. Warrick wondered why space could not be leased or rented in
the Ryanwood Shopping Center. He asked that the County
Commission endorse his request and write a letter to the Orlando
postal service specifying a need for a branch post office in the
western part of the county, and recommending that they consider
leasing space, possibly in the Ryanwood Shopping Center. He felt
that a letter from the County Commission would carry more weight
than one from an individual resident.
44
Commissioner Eggert commented that she has heard a lot of
comment about this, and she certainly has no objection to it.
Commissioner Bird stated that he supports the concept, but
he is not sure just where a branch office should be located.
Chairman Wheeler concurred that he also supports the concept
and felt a letter should be sent to the appropriate agency.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) indicated
their support of the concept of a branch post office
in the western part of the county.
NORTH COUNTY AND SOUTH COUNTY FIRE DISTRICTS
The Chairman announced that immediately on adjournment the
Board would reconvene sitting as the District Board of Fire
Commissioners of the North Indian River County Fire District, and
upon adjournment of that meeting, would again reconvene sitting
as the District Board of Fire Commissioners of the South Indian
River County Fire District.
Those Minutes are being prepared separatel
There being no further business, on Motion duly made,
seconded and carried, the Board unanimously adjourned at 11:00
o'clock A.M.
ATTEST:
45
Chairman
Boor. r,4.,E �•�