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HomeMy WebLinkAbout8/22/1989Tuesday, August 22, 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, August 22, 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; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler requested the addition to today's Agenda of a proposed resolution on supporting the mandated use of Turtle Excluder Devices (TEDs). Attorney Vitunac requested the addition of an update on the negotiations on the First Baptist Church properties. Administrator Chandler requested that the Board table Item 5-C -- Historic Building Survey for Incorporated IRC -- and pull Item 9-G-3 -- Work Order No. 5 of Professional Engineering Services Agreement with Lloyd & Associates for Design of 20th Avenue Bridge at South Relief Canal. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously added, tabled and deleted the above items from today's Agenda. 1989r - AUG 2 2Roos �'' Fa;.F fAe Fr- AUG 22 1989 BOOK , %. � P',Gr. 66 CONSENT AGENDA A. Approval of Minutes The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 25, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of 7/25/89, as written. B. Approval of Minutes The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of August 8, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Special Meeting of 8/8/89, as written. C. Historic Building Survey for Incorporated IRC Tabled until meeting of September 5, 1989 D. Budget Amendment 090 The Board reviewed the following memo dated 8/14/89: TO: Members of the Board of County Commissioners DATE: August 14, 1989 SUBJECT: BUDGET AMENDMENT 090 C0NSEN!1' AGENDA FROM: Joseph A. Baird. OMB Director DESCRIPTION AND CONDITIONS Below is an explanation of the attached budget amendment. 2 � r � 1. At the meeting of June 20, 1989 the Board of County Commissioners authorized the Work Release Program to be initiated at the Jail. The entry appropriates funding in the amount of $66,950.00 from the 1988/89 FY. 2. At the meeting of May 9, 1989, the Board Fsf County Commissioners authorized appraisals be done- on the McKee Jungle Garden not to exceed $10,000. The entry appropriates funding. 3. At the meeting of June 27, 1989 the Board of County Commissioners authorized title search work be done on Jungle Trail not to exceed $5,000. The entry appropriates funding. Staff recommends the Board of County Commissioners approve budget amendment 090. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment 090, as set out in the above staff recommendation. 13oa� ! M�'c:66, v AUG 221989 3 Fr,_ 1 AUG 2 2 1999 7 BOOK 17 ma 66 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 090 DATE: Auggst 14, 1989 Entry Number Funds De artment Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND Sheriff Corrections 001-600-586-099.14 S66.950.00 S 0 EXPENSE GENERAL FUND Reserve for Contingency 001-199-581-099.91 S 0 $66.950.00 2. REVENUE - GENERAL FUND BCC Other Professional Services 001-101-511-033.19 $10,000.00 0 EXPENSE GENERAL FUND Reserve for Contingency 001-199-581-099.91 S 0 $10,000.00 3. REVENUE ` GENERAL FUND BCC Other Professional Services 001-101-511-033.19.$ 5,000.00 0 EXPENSE ` Reserve for Contingency 001-199-581-099.91 0 5.000.00 ""Explanation: See attached memo. 4 Budget Amendment: 090 Page 1 of 1 E_�Residential- _Lease on House_ on 27th_ Avenue 8 8th Street The Board reviewed the following memo dated 8/14/89: TO: Sonny Dean - General Services Director FROM: Sharon P. Brennan - Assistant County Attorney DATE: August 14, 1989 SUBJECT: Residential Lease Enclosed please find a revised residential lease which Includes the Radon clause required by Florida law. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Lease of county -owned house on the corner of 27th Avenue and 8th Street by Jo -Anne Petrulak-Wingate. LEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SEA OAKS_ DEVELOPMENT'S APPEAL _OF_A CONDITION OF MINOR SITE PLAN APPROVAL The Board reviewed the following memo dated 7/19/89: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Ro et . Ke ting AICP Community Development 'rector THROUGH: Stan Boling, AICP Chief, Current Development FROM: John W. McCoyKStaff Planner, urrent Development DATE: July 19, 1989 SUBJECT: SEA OAKS DEVELOPMENT COMPANY, INC. APPEAL OF A CONDITION OF MINOR SITE PLAN APPROVAL It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22, 1989. ROG� � �-e�� F1�;r. 6 I�� AUG 22% 1989 5 L_ AUG 2 21999 J 1 BOOK pq 6 16E 91 DESCRIPTION AND CONDITIONS: In 1982, Sea Oaks was granted site plan approval by the County to construct 7 "Dune Home" buildings along the Atlantic Ocean. Sea Oaks has been proceeding with the construction of these "Dune Homes" since 1982, and the site plan is still valid so far as County jurisdiction applies. The existing "Dune Homes" are constructed seaward of the new coastal construction control line (CCCL), and the site plan approved homes are proposed to be constructed seaward of the CCCL. Apparently, the State Department of Natural Resources (DNR) will not issue at this time a building permit for Dune Homes V and VI, despite valid County approval, because the proposed location of the buildings is well seaward of the CCCL. Sea Oaks has sought to gain DNR approval by proposing to relocate the buildings further west, where only a small portion of the building would be seaward of the new CCCL. The revised design, however, requires minor site plan approval through the County. During the review of the new site plan, staff applied all applica- ble review criteria. Since the original plan was approved in 1982, the definition of building height has been changed. FROM: BUILDING, HEIGHT OF: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roof; to the deck line of mansard roofs, and to the mean height between the eaves and ridge for gable, hip or gambrel roofs. TO: BUILDING, HEIGHT OF: The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs, to the mean height between the eaves and ridge for sloped roofs measured from the average natural grade or the minimum flood elevation, whichever is higher. Under the new definition which applies to all new plans and construction, the old Dune Home design exceeds the County's height limit and cannot be approved as part of any new plans. Conse- quently, staff has reviewed and the Technical Review Committee has approved a minor site plan application for a newly located Dune House with, among other conditions, a condition that the new design meet the (current) building height limitation and de- finition. The applicant appealed this condition to the Planning and Zoning Commission which considered this item at its July 13, 1989 meeting. The Planning and Zoning Commission, on a 3 to 3 vote, failed to approve a motion to uphold the Sea Oaks position on the appeal. Consequently, the appeal was denied, the Technical Review Committee position was upheld, and the applicant subse- quently appealed to the Board of County Commissioners. ANALYSIS: In the applicant's letter of appeal to the Board of County Commis- sioners, concerns regarding dune preservation, public health and safety and aesthetics were given as justification for not applying the current code height requirement. These three objectives can all be achieved within the present code, given a proper design. 3 M Dune preservation, public health and safety, and aesthetics are all worthy goals, but they are not the issue of the appeal. The issue is this: does a new site plan application have to meet the existing code? The answer is yes. All aspects of either a redesign or new site plan application must meet the County's code at the time of application submittal for all improvements shown within the area of development. The proposed building is obvious- ly within the area of development. The old building height definition allowed an appligant to berm -up the building pad and achieve a higher building by starting from a higher finished (man made) grade, while the new definition sets a firm. starting point at natural grade or the .minimum flood ele- vation (whichever is higher). The new definition was specifically established to prevent the berming-up of the finished floor elevation in situations such as was done on the 1982 Sea Oaks plans. The staff acknowledges that without being able to berm -up the finished grade, the first floor of a three floor building might not have an Ocean view; instead it would have a dune view. Sea Oaks essentially wants a new site plan approved by the County, but does not want to meet all the existing regulations. It is staff's position that if Sea Oaks proceeds under the 1982 site plan approval, they can also proceed under the regulations which were in place at that time. Thus, from the staff's standpoint, the existing 1982 plan is valid; however, if Sea Oaks wants a new site plan approval they must meet all applicable criteria in the present code as any other developer in the County must do. Therefore, the Technical Review Committee granted minor site plan approval to Dune Homes V and VI with the following condition: "1. Verify that the building meets the 35' height limit as defined in section 2 and applied in section 10 (A) of the zoning code, by showing on the plans the mean roof line and the location of the average natural gradeline on the building elevations; or redesign the building to meet the 35' height limit as defi ed and applied in the zoning code." In staff's opinion, building relocation and re -design must meet the new code height requirements. It is the developer's option whether to try and get DNR approval to construct the building as it was approved by the County in 1982 (seaward of the present CCCL); or to revise the site plan by moving the building landward in order to get DNR approval, a modification requiring conformance with the present County code. Removal of the condition would violate the County Code. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners uphold the decision of the Technical Review Committee to apply the existing code requirements to the newly proposed Sea Oaks site plan. Stan Boling, Chief of Current Development, reviewed staff's recommendation to uphold the decision of the Technical Review Committee to apply the existing code requirements to the newly proposed Sea Oaks site plan. He explained that this is an appeal .of the building height restriction that was put on the site plan. AUG 2 2 19 AUG) 2 1999 1� BOOK 1 FAllL �� Robert Keating, Director of Community Development, advised that staff has talked to the people at Sea Oaks about our rec- ommendation, which is to take another to k to accomplish the same objective because there are conflicting objectives here. The County wants to push them back, but the County also has determined that it wants to keep the height at a minimum. If that is the case, what we have suggested is that it would be a policy decision made by a change in the ordinance. Commissioner Scurlock asked if we have the ability under Florida Statutes to make this modification without changing the entire ordinance. Attorney Vitunac advised that the Board could wait and see if the DNR allows them to do it. If the DNR denies it, then they can't do it. If the DNR lets them do it, then we could amend our ordinance and allow them to build their revised plan. Commissioner Eggert asked if she understood it correctly that if we turn it down, Sea Oaks would have to go to the DNR with the knowledge that we have turned it down. Attorney Vitunac answered "no". We would be saying to go ahead and build it, and that we are waiting for the DNR to turn down their request for the modification to their original site plan. Commissioner Scurlock felt the net effect of that is that the DNR could possibly turn them down and then they would file for an administrative hearing, which takes another 90 days, after which they would get a final decision and then begin the process back here. He didn't believe it was the purpose of county government to drag people through a long process. Chairman Wheeler didn't want to amend the ordinance because that would open it up to other people in the same situation. Commissioner Bird felt that if he had to choose between moving the building back further off the dune and not excavating into the dune system or allowing more height, he would choose to allow more height. 8 M M M Commissioner Scurlock asked if we could find some vehicle to address this as an existing situation with a major change precipitated by some significant happenings, i.e., the construction setback change and the different position of DNR. Attorney Vitunac felt the significant happening would be the DNR granting Sea Oaks a permit to build on the dune. If the DNR does not permit it to be built, the County can achieve both objectives without any change. Sea Oaks would be forced to move back from the dune by the DNR and forced by the County under our present code to come down in height. Commissioner Scurlock pointed out that the new ordinance would allow them to excavate, and he felt that was a negative. Attorney Vitunac felt the significant happening would be that the DNR not allow it to happen and then we could achieve our objectives through our existing ordinances. Chairman Wheeler asked how the present ordinance came about, and Director Keating felt it was precipitated by the way Sea Oaks had gotten around the heights a number of years ago. Referring to a graphic, he noted that the last ordinance defined building height as the bottom measure being at the existing grade at the front of the building, which allowed the construction of a 40 -ft. building, and then by putting a 5 -ft berm out front, you meet the 35 -ft. height restriction. Chairman Wheeler understood then that they found a loophole several years ago to go up a little higher, and now that loophole has come back to haunt them, but Director Keating pointed out that was under a different ordinance. After lengthy debate, Commissioner Bird asked if we have any latitude to permit this under our minor site plan modification procedures, since the plan calls for a completely different footprint for the building, i.e. different shape, design and configuration of the parking lot, landscaping, etc. Basically, it is almost a totally different product on the same piece of AUG 2 21989 9 b - AK 77 AUG 2 21989 Boge ground which was approved as a part of a site plan approval for the overall project. Director Keating felt there may be a way it could be done through a provision in the ordinance for allowing certain modi- fications that reduce a non -conformity, and he believed that what you have here is an existing non -conformity. Attorney Bruce Barkett, representing Sea Oaks, advised that the DNR has not said they can't do it. In fact, their attorney in Tallahassee has spoken with the DNR, and the DNR has said that they probably will permit this building, which is the problem with Attorney Vitunac's scenario. If the County tells them to go to the DNR and the DNR says, "Okay, all you have to do is this, this, and this, and you can build on your original site plan", the County will have lost out on both its objectives. Attorney Barkett understood, according to Attorney Vitunac, that the Board of County Commissioners always has the ability to do something if they think it is in the public interest and the public good. What this application is doing is pulling this building back 120 feet from its original site which was basically right at the base of the dune, and at that time it was landward of the coastal construction control line. That being the case, and since Sea Oaks' request would serve the Board's objective for protecting the dune, his client is requesting the lifting of the condition on the height restriction. Commissioner Bird liked the revised plan better than the first one, and if we have the ability to grant it, he would be willing to do that without putting them through that hurdle, unless Attorney Vitunac feels that it is absolutely necessary in order to preserve our standing or something. Attorney Vitunac advised that if the Board is willing to protect the dune and not force Sea Oaks to go through a long and expensive procedure, we can do what Director Keating suggested about reducing a non -conformity. 10 Commissioner Scurlock wanted to have it on the record that there is some grandfathering to a greater or lesser extent, depending on who you are talking to, and Commissioner Eggert felt that it is also important to state for the record what ways we are trying to reduce the non -conformity. Commissioner Scurlock stated for the record that the reasons are to try and mitigate the damage to the dune and modify this in a way that we move back from the construction setback. Commissioner Bowman asked if they have explored the possibility of moving this building back so that it does not encroach at all, maybe at the loss of one or two parking spaces or something like that, and Commissioner Scurlock advised that Sea Oaks tried to do that, but they do not have enough room. Commissioner Bird repeated that he is willing to give up the height rather than give them the dune, but Commissioners Bowman and Wheeler didn't want to set a precedent. Commissioner Eggert also was concerned about setting a precedent, but felt that there are a lot of things happening, and if, as they say, there are very few approved site plans out there that are phasing in this way, we are not going to see very much of this. Chairman Wheeler asked if anyone else wished to be heard in this matter. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the request by Sea Oak Development Company, and stated for the record that the ordinance does allow the Board to mitigate any non -conformity, which is the reason we are moving ahead with this trade-off between the environmental versus the height and we recognize it. POOK `'AI;F 676 11 AUG 222 1989 BOOK �� 677 PUBLIC DISCUSSION - REQUEST FOR MEMBERSHIP AT SANDRIDGE GOLF CLUB The Board reviewed the following letter dated 8/7/89: 11 aap M�Ss�or1902 c th Avenue coM �ti� Vero Beach, Fl. 320&RIBUTION LIST 4N August 7, 1989 Gary Wheeler, Chairman Admin strator Board of County Commissioners Attorney Indian River County Pers:,nnel Vero Beach, Florida Pubiic Works Com,:ivaay :.�w. Dear ". Wheeler;, Utilit-es I as writing to request a place on the agenda of Other the_Commissigners. meeting --of-August 22nd or 29th for me and a few friends. Y The reason for my request. Briefly, I Ras deeply involved in 1985 and 1986 withs-.'.the opening of the county ,:-golf course (Sandridge) and served on Commissioner Bird's Feasibility Committee. Since the course opened for play in 1987 many, many golfers who play there and golfers from other golf courses have asked why is there no member- ship and when will they have a uembership2 In speaking to .club personnel as,,' -I play at Sandridge I have.4earned that the same questions are asked of thew by many players both men and women. The also ask that They question of the club Pro -manager, Bob Komarinetz. So, it is to discuss this question of club uembership with the Board of Commissioners that I request to be placed on your agenda. Thank you for your consideration to this request. Yours truly, V Harold E. Djorup, Ph.D. P.S. Sorry for suchmessy typin6 job - this machine is nearly as olda as I am. 12 Bob Komarinetz, Golf Director, reviewed the following staff recommendation to continue the daily fee programs: TO: Members of the Board of DATE: August 18, 1989 FILE: County Commissioners TEIIitJ: Mr. James E. ChandSUBJECT: Yearly Memberships "Sandridge Golf Club" County Administrato e��/-- FROM: Bob Komarinetz REFERENCES: . Director of . Go During the planning stages of the golf course there was a feasibility study done by the National Golf Foundation. Their recommendation was that there would be no annual memberships. Their reasoning was that it would dilute revenue potential and tend to create a "club" atmosphere that does not allow for servicing all residents and area visitors on an equal basis. They also added that the facility is to truly serve as an amenity, for the recreational purposes of all county residents and to attract visitors to the county, and maximize revenues while maintaining reasonable and competitive rates, it can best be accomplished by the elimination of "membership" or annual fees. It was also recommended that a fee structure be adopted so that residents of Indian River County could benefit at a reduced rate, which Sandridge Golf Club does have at the present time. These particular type of programs was strongly recommended and supported at a fee structure presentation on Sandridge Golf Club at the Florida Municipal Golf Course Association meeting in Daytona Beach in the fall of 1986. Staff recommends that we continue the same daily fee programs that Sandridge Golf Club has used in the past. In addition staff will encourage the promotion and development of a mens league and continue supporting a ladies league that already exists. Through these weekly programs it will help to develope "club" type atmosphere and hope that residents and visitors will continue to enjoy_ this beautiful recreation amenity. DISTRIBUJ.'ION Joseph Baird, Budget Director AUG 2 2 1999 13 L- HOK / f'��GE 6 d I -I sir BOOK T PAGE G-1/9 Commissioner Bird reviewed the following memo containing his recommendation that we not institute a membership system at this time. TO: board of Commissioners County DATE: AugustFILE: SUBJECT: Request for Membership at Sandridge Golf Club Richard N. Bird FROM: Commissioner REFERENCES: I have been receiving many inquiries regarding membership at Sandridge Golf Club, and Hal Djorup has written a letter requesting that he and some other golfers be added to the County Commission agenda to discuss this subject. Although I understand the feelings of the people requesting memberships, I feel the system that is the most fair to all the golfers in Indian River County is by charging fees on a daily basis. This allows those who "play the most to pay the most." We have tried to maintain our fees at a level that is as affordable as possible, and still allow us to. generate the revenue that is.needed.to maintain the golf course in its present excellent condition. ' I have discussed this matter with Bob Komarinetz, and we feel that an alternative to membership might be the formation of a men's golf association that would allow for handicaps, tournaments and various other club functions. An organization such as this presently exists for the ladies, and I understand that it is working very well. RECOMMENDATION It would be my recommendation that we explore the possibility of forming a men's golf association, but that we not institute a membership system at this time. 14 M M Commissioner Scurlock advised that recently the Finance Advisory was asked to consider the financial feasibility of expanding the course by another 9 or 18 holes, and perhaps making some improvements to the clubhouse. Through that analysis, we have looked at the revenue stream of the existing situation and we find it marginal. It is marginal because the golf course is carrying its weight, but it is not carrying its weight in a big way. If we lost a couple of greens or something major happened, it would be a problem for us. The recommendation, which is in letter form, indicated that things looked potentially good to move ahead and start considering another 9 or 18 holes. From a financial aspect, it is a bottom line of revenues coming in and expenses going out. It is not a question of whether or not you have memberships. The real question is do you displace $23.80 golf during the winter time with $10.00 golf because you have a membership, and have the net revenues drop and not be able to cover your debt service, which is $238,000 a year, or cover your operating expenses. From a financial standpoint, the fact is that memberships a,t Sandridge would have to be significantly higher than the $600 or $650 annual fee mentioned in the newspaper article. To offset the revenues from the peak winter months, you are talking about memberships in the $1200-$1500 range, minimum. Commissioner Bird felt somewhat bad that we don't all agree on this particular subject, because many of the people here today are great supporters of Sandridge and have been right from the very beginning, especially Hal Djorup, who fought long and hard to bring to the Board's attention the fact that we need a public golf course and who also served on our initial golf course feasibility study committee. The subject of memberships came up almost from day one, and we had some disagreement even amongst our own committee members. We hired the National Golf Foundation to do a feasibility study, and their recommendion stated: ."Specifically, memberships, as such, should be avoided, as should AUG1989 1 5 �00� F! FgUE.1,� t UG 2 2 1989 BOOK .77 Ff',GE 681 other such special privilege arrangements with the exception of a discount rate for registered County residents. This recommendation is made both in the interest of revenue production, the basis of which should always be a daily green fee, and also to ensure that the facility will be equally available to all residents of Indian River County, present and future, and to the legions of seasonal visitors, upon which much of the economy of the County depends." Commissioner Bird just didn't think that you could argue with the fact that those who play the most, pay the most. He believed that through a men's golf association and a ladies' golf association, we could accomplish some of the things that people desire through memberships, such as organized activities, handicaps, events, comradery, etc. Commissioner Scurlock emphasized that our bond convenants require that revenue source to be there, so you would have to set appropriate rates to cover your debt service. Chairman Wheeler asked those people who wished to be heard in this matter to come to the podium and give their name and address. The following people spoke in support of establishing a membership system at Sandridge Golf Club and presented data and financial estimates while expressing their opinion that the County would be well served by having a membership system at the public golf course. Harold Djorup Lou Maglione John Kotch Bill Moriarity Sam Alia Ruth Mead and an unidentified gentlemen Dick Schuler and Ken Cougar presented arguments against having a membership system at Sandridge, and urged the Board to continue with the daily fee basis. 16 S After almost a full of hour of discussion and debate, Commissioner Bird emphasized that it is not as if we have the only game in town or are controlling the only course people have to play on and have a membership. If people want to be a member of a club, he would encourage them to be a member of the Sebastian Golf Course, or Indian River Pines, Vista Royale, Dodger Pines, Grand Harbor, etc. There are a lot of membership opportunities available in this area, and he didn't think it was wrong to have one public course in the county that is operated on a daily fee basis. He believed our golf course is in the best condition of any of the golf courses he just named. It was professionally designed and is maintained and manicured every day, and he is not in favor of doing anything that might jeopardize the success of our golf course up to this time. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Scurlock, that the Board not institute a membership at Sandridge Golf Club at this time. Under discussion, Commissioner Bird advised that he would continue to work with the Commission and Bob Komarinetz to give the maximum break that we possibly can to county residents. We will continue to analyze that on a yearly basis, as we did this year, and continue to give as much of a discount and as big a break as possible to the people in this county that support us year around. Commissioner Eggert asked if Commissioner Bird's Motion includes the fact that they will, indeed, look at the membership situation to see if that is feasible, and Commissioner Bird stated that at this point he would not make that a part of his Motion. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 17 E(70K AUG 24 2 1989 AUG 2 2 1989 B00K 77 PAGE 6��' Commissioner Bowman wished to make another Motion that the matter be referred to the Finance Advisory Committee to run the numbers and report to a committee, perhaps one to which Mr. Djorup belongs. Under discussion, Commissioner Scurlock stated that he did not want to report to another committee. He felt that if Commissioner Bird wants the FAC to run some numbers, the report should go to the County Administrator, Commissioner Bird and the appropriate people. Commissioner Bowman still wanted to have it reviewed by the FAC, but Commissioner Bird pointed out the FAC would have to rely heavily on Mr. Komarinetz, who would be the one to actually develop the numbers, and also rely heavily on the County Administrator and staff before bringing back any kind of a recommendation to the Board. Commissioner Bowman stated that her Motion is to come up with the numbers of what an annual membership would cost if we were to offer it. She felt we need to show these people our capital expenses and why we cannot do it. Commissioner Bird emphasized that the thing that makes it so difficult is that you just don't know how much everyone is going to play. We know there were 57,000 rounds played at Sandridge the first year, and 63,000 rounds played the second year, and it's easy to figure a budget because you know everybody paid a certain amount. However, when you start a membership, it becomes very difficult to figure out how much of that capacity is going to be used by the membership through that membership system and how much is going to be left for the daily greens' fee play. Mr. Komarinetz is going to be the one who is going to have to crunch the numbers. Mr. Komarinetz felt it would take a few years to shake out the wrinkles to find out how the percentages would work out, but he would try to put something together. 18 Commissioner Bowman stated that her Motion is not proposing that the Board consider membership. She is saying that we should let these people know what our expenses are and what the income is and where it goes. Mr. Komarinetz stated that he could furnish anybody that information. Commissioner Scurlock noted that anyone can pick up our operating budget and see our annual debt service, our operating expenses and our revenue stream. Commissioner Bowman said, "Okay, that is probably all they need to know." PRESENTATION OF MAIN LIBRARY FINAL PLANS The Board reviewed the following memo dated 8/15/89: TO: Jim Chandler DATE: August 15, 1989 FILE: County Administrator SUBJECT: Presentation of Dow, Howell, Gilmore Main Library final plans OM: Williams l ams REFERENCES: Main Library t Please set aside approximately 30 minutes to allow Dow, Howell, Gilmore and Associates time for a presentation of the final plans for the Main Library. We will be requesting permission to submit the plans to the State Library for review and upon State approval, release the plans for bid. Lynn Williams, Project Manager on the Main Library, reviewed the process for obtaining approval from the State Library. Administrator Chandler advised that we have emphasized to the architect the need to bring this in at budget, and we do feel 19 BOOK AUG 2 2 1989 AUG 2 2 BOOK .77 65 comfortable with the estimates that have been provided at this point in time as it is very close to the amount we have budgeted. By the same token, the architect is looking at bidding several alternate portions in the contract in the event the bids were to come in in excess of what we have budgeted so that we would have some deducts. Commissioner Bird felt it was very good that they did come in that way, but unfortunately, in our other situation we had an architect who also estimated that the cost was going to come in at budget, but the actual bids came in at considerably more, except for the one from the firm that miscalculated. Commissioner Eggert advised that they have run the entire project through an independent estimator. Commissioner Bird suggested that on larger construction projects like this that somehow the plans and specs be made available to local contractors who do this everyday, because he believed they really could give some good advice on cost cutting. John Howell of Dow, Howell, Gilmore & Associates, Inc. advised that as late as last week, they took the completed drawings to one of their consultants, and he agreed with the cost and said that the cost is tight, but doable. So, they knew that going in, and they still feel that they are there. He noted that at the very beginning when they were told that the cost per square foot was going to be $70, they were very concerned about that unit price. They were able to get it up to $75 per sq. ft., but the average square foot cost for libraries is currently running somewhere in the high $80s. Referring to the final plans and a scaled model of the facility, Mr. Howell noted that the glass is single pane and they budgeted $15 per square foot just for the glass. The window sections have been designed to take gusts of hurricane winds of up to 120 mph. It is not designed to take a flying palm tree, however. The glass is protected by the eave of the roof, and they have specified a solar reflective glass. 20 Commissioner Eggert noted that you have to meet a certain energy code in order to keep the air-conditioning operating expenses down. Mr. Howell advised that they took the entire building and broke it down into line item figures, and each of those figures was given to the various consultants to make sure that their design hit that number. As far as materials are concerned, it is steel, glass, stucco, etc. There is nothing exotic called for that a local contractor couldn't handle. Mr. Williams reported that by the time we complete the City site plan and the State Library review, we expect to be out for bids somewhere around the first of October, allowing 30 days for bids, and then come back to the Board for approval. Commissioner Eggert asked for permission to go out to bid on two other items. We will be receiving a bequest, and Mrs. Lowenstein has been willing to let us put some of that bequest, if it works out, toward making an outdoor reading room on top of a section of the roof with planters, railings along the edge, and a controlled access. The other item that is desired is to have a topiary animal, probably a giraffe, right outside the children's room, along with some funds for the genealogy and the Florida history room. The bequest would cover that, and they would like to bid those as add-ons. way. Mr. Howell advised that the documents have been set up that Mr. Williams noted that Item 9-C on today's Agenda for Professional Services Supplemental Authorization is the additional cost to design the roof structure alternate that would be required for the outdoor reading room. All of those costs will be bid as a unit, and it will be easy to identify all of those costs separately from the base bid. AUG 2 1989 21 BOOK `11, F ', V� Fr- I AUG 22 1989 Boa 77 P:c6 7 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized submittal of the plans to the State Library conditioned on site plan approval, and then to release the plans for bid as stated in the staff's memo along with bidding the two add-ons of the porch roof and the topiary giraffe that will come with the bequest. PUBLIC HEARING - SHOPCO'S REQUEST TO AMEND THE OFF STREET PARKING ORDINANCE TO REVISE WHEEL -STOP REQUIREMENTS 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-JOUIMAL Published Daily Vero Beach, Indian River Codnty, Florida o COUNTY OF INDIAN RIVER: STATE OF FLORIDA Beforie the undersigned authority personally appeared J. J. Schumann, Jr. on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspape d`Z�Z at Vero oo1Beeaach In Indian River County, Florida; that.the attached copy of advertiseme a In the matter of In the _ Court, was pub- lished in said newspaper in the Issues oi�go • OTICE CP PUBLIC HEARING TICE IS HEREBY GIVEN that the Board of j ty Commissioners of Indian River County, 'i de, shall hold a public hearing at which par - in Interest and citizens shall have an oppor- nity to be heard, In the County Commission S hambers of the County Administration Build - Ing at 1840 25th Street, Vero Beach. Florida on Tuesday, August 22.1989 81 9:05 a.m. to consider the adoption of an Ordinance anti - led: AN OF IIAN COUNTY,INANCE FLORIDA AMEND NGRIVER SEC - t TION 24(b) (4): GENERAL PARKING STANDAfMiDS, OF APPENDIX A OF THE i; CODE OF LAWS AND ORDINANCES OF e KNOWN RIVER RTHE ZONING CODE PROVIDING FOR THE MODIFICATIONOF CERTAIN , CURB- INGREQUIREMENTSgAND PROVIDING d FOR REPEAL OF CONFLICTING PROS AND EFFECTIVE DATE* pof the proposed Ordinance Is available at the Planning Department office on the second floor of the County Administration Building. Anyone who may wish to appeal airy decision which may be made at this meeting 2111 need to ensure that a verbatim record of the proceedings I ads which Includes testimony and evidence Afflant further says that the said Vero Beach Press -Journal is a newspaper published at upon which the appeal IS based.' ` Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore INDIAN RIVER COUNTY been continuously published in said Indian River County, Florida, each daily and has been BOARD COUNTY COMMISSIONERS entered as second class mail matter at the post office In Vero Beach, In said Indian River Coun- P BY:-s•GAY'C. WHEELER, CHAIRMAN R ty, Florida, for a period of one year next preceding the first publication of the attached copy of August 2,1989 _ 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 day01.. 19 r� (Businesp Manager) (C u o , 111diatety F;eri�a}_, (SEAL) ma-ftj/ Pubo , 61 CAfM1131110n EXPIM JUINN 00. 10+41 fN � r � L—J Stan Boling, Chief of Current Development, presented staff's recommendation for the adoption of the proposed ordinance which would waive the requirements for wheelstops or the equivalent in interior spaces. TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Ro ert M. Keatilig, AAW Community Developme Director FROM: Stan Boling, AICP�`) : Chief, Current Development DATE: August 10, 1989 SUBJECT: SHOPCO'S REQUEST TO AMEND THE OFF-STREET PARKING ORDINANCE TO REVISE WHEEL -STOP REQUIREMENTS: CODE SECTION 24 (b) (4) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 22, 1989. DESCRIPTION AND CONDITIONS: In October of 1983, the County adopted an updated.and comprehen- sive off-street parking ordinance (Ordinance 83-30). One of the standards this ordinance established requires that all parking spaces be equipped with a wheelstop, six, -inch curbing or the equivalent [Code Section 24(b)(4)]. This requirement has not been modified since Ordinance 83-30 was adopted. The applicant, SHOPCO (developer of the proposed Harbortown Mall), has filed an application to amend zoning code section 24(b)(4) to allow staff to waive the wheelstop (or equivalent) requirement for certain parking spaces upon satisfaction of certain criteria. Staff has reviewed the applicant's requested amendment and has proposed an ordinance amendment, which the applicant supports, which is attached at the end of this report (see attachment #6). At its regular meeting of July 27, 1989, the Planning .and Zoning Commission voted unanimously to recommend that the Board of County Commissioners adopt the ordinance as proposed and attached at the end of this report (see attachment #6) ANALYSIS: -Wheelstop "Pros and Cons" The wheelstop requirement has positive and some negative effects. Positively, the wheelstop requirement ensures: 1. pedestrian protection adjacent parking spaces; 2. protection of landscape from encroachment of cars from areas from car encroachment; 23 wK 77 F'd .K No _I AUG 2 2 JG89 BOOK 7 d FA"I 6S 3. protection of cars parked "head in" toward each other; 4. more efficient use of spaces; prohibits cars from pulling too far into a -stall and "double parking" or not pulling in far enough and encroaching into driving aisles; 5. more safety by channelling traffic along driveways; prohibits "cut -through" traffic. Negatively, wheelstops can: 6. function as impediments to good drainage system mainte- nance (such as sweeping) and as sediment traps which can adversely affect drainage system maintenance; 7. cause foot injuries to pedestrians crossing over spaces; 8. diminish the aesthetics of a parking area, especially in larger parking lots. In staff's opinion, protection of pedestrians and landscape areas are positive factors that should not be "traded -off" or "bal- anced -out" against any negative effects of wheelstops. Pedestri- ans and landscape areas need to be protected by a physical barrier such as a wheelstop, curbing or other equivalent. Thus, in staff's opinion, the County should not consider deleting or waiving the wheelstop requirement for parking spaces that "head into" either pedestrian or landscape areas. In staff's opinion, the positive factors listed as #3-5 could, in some cases, be offset by the negative factors listed as #6-8. In such cases the benefits of wheelstops might not exceed the costs, and waivers may be warranted. Factors #3-5 relate to traffic control ("channelling" flow) and aesthetics which could be ad- dressed with various design solutions that do not require wheel stops. -Comparison of Requirements Other jurisdictions were contacted to provide a comparison of wheel stop requirements. All jurisdictions contacted, with the exception of St. Lucie County, require wheel stops (or equivalent) where spaces abut landscape or pedestrian areas. Some of the jurisdictions require wheelstops (or equivalent) for all spaces, as does Indian River County currently. However., some juris- dictions allow certain types of "waivers" for certain interior parking spaces. There seemed to be agreement on factors, pro and con, relating to wheelstop requirements (see attachment #4). These factors were previously outlined by staff. In general, where wheelstop requirements are allowed to be waived in other jurisdictions, interior landscaping with increased width dimensions (to accommodate tree plantings rather than ground cover only) is encouraged as a design solution to provide aesthetic quality. Such larger landscape areas also provide "visual cues" that break-up parking areas and help keep drivers from cutting through parking spaces where wheelstops are not provided. Based upon responses from planners in other jurisdictions and informa- tion provided by the applicant's traffic and parking experts, it appears that driver behavior can be influenced by "visual cues, and that there may be design solutions other than the use of wheelstops to address positive factors #3-5. 24 M M M -Proposed Ordinance Based upon the above analysis and discussion with the applicant's traffic/parking expert, staff proposes a change to the wheelstop (or equivalent) requirement for all parking spaces --- allowing for waivers upon approval by both the community development and public works directors and satisfaction of five criteria (see attachment #6). All waiver requests would be reviewed in conjunc- tion with site plan requests (new development, modifications, additions, etc.). The five criteria,"a" through "e", are proposed to ensure that: a. pedestrian and landscape areas are protected by wheelstops or equivalent; b. spaces without wheelstops are arranged so that cars, in case of a conflict, would touch bumper to bumper; C. spaces with wheelstops head into other spaces with wheelstops, providing consistent "stop points" which are important in establishing consistency and visual cues for drivers; d. spaces off of circulation driveways are equipped with wheelstops to guarantee the proper channelling of - traffic along these critical travel lanes; and e. conditions can be placed- upon a waiver request to provide adequate visual cues to drivers and to provide for appropriate interior landscaping areas with in- creased widths to accommodate tree plantings. -Summary In staff's opinion, adoption of the proposed ordinance would allow a greater variety of parking lot designs for the interior spaces in larger projects. The overall effect of the waiver criteria should provide incentives to increased interior parking lot land- scaping areas that can accommodate trees and to design safer circulation drives that do not directly access parking spaces while adequately channelling traffic through the parking lot area. RRrnMMRWnATTnV Staff recommends that the Board of County Commissioners adopt the proposed ordinance. Commissioner Bowman asked if the parking spaces could be graded so that they would drain toward the landscaping, and Mr. Boling explained that you would still have curbing around the landscaped areas, but there could be small holes made in the curbing which would allow stormwater. However, it would have to be vegetation that could take that type of run-off. Staff, of course, would like to see trees planted in those areas. Commissioner Bowman also preferred trees, not shrubbery, because people like to park in the shade. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. There were none. 25 AUG 2, ,I9 REGI 6 F.+�E 690 ao()K 1 m,E6� ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 89-24, providing for the modification of certain wheelstop and curbing requirements; and providing for repeal of conflicting provisions. 26 ORDINANCE NO. 89--24 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 24(b)(4); GENERAL PARKING STANDARDS, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE: PROVIDING FOR THE MODIFICATION OF CERTAIN WHEELSTOP AND CURBING REQUIREMENTS; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida that: SECTION 1 Section 24(b)(4) be hereby amended as follows: "(4) All parking spaces shall be equipped with tire stops permanently affixed to the surface except when six-inch curbing or the equivalent is installed, with the follow- ing exceptions: Upon request by a site plan and communit develo ment d stop/ --curbing requirement upon a determination that: a. the waiver would not upon landscape or pe valent applicant, the public works rectors may waive the wheel Eor'certain parking spaces allow vehicles to encroach lestrian areas (such areas wheelstops, curbing, or the b. the waiver would not allow vehicles to abut or head into" one another in an fashion other than umper to bumper [any bumper to fender or side parkingconfi urations shall require wheelsto s, curbing, or the equivalent;_ C. the waiver would not apply to any space "heading into another space that requires a wheel stop, nurbina. or other equivalent; and d the waiver would not apply to spaces_ accessed from driveways that serve as circulation driveways which channel traffic around or through the site or narking lot area. e. the site lan arkin area and traffic circulation design provide circulation driveways, as needed, to adequately channelize traffic flow. itions including but not limited to driveway curbing, signage or pavement markings, or periodic placement of barriers or eased protected landscaped areas that are designed to promote_ traffic circulation may be attached to any waiver granted SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legisla- ture applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to Coding: Words in WidWUhA type are deletions from existing law. Words underlined are additions. -1- �:,2'2�8. 2 7 A0 2 1999 BOOK ORDINANCE NO. 89-24 .-.. 696) "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legis- lative intent to pass this ordinance without such unconstitution- al, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian river County, Florida on this 22nd day of August , 1989. This ordinance was advertised was advertised in the vero Beach Press -Journal on the 2nd day of August , 1989, for a public hearing to be held on the ZZnd day of August, 1989, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Scurlock , and adopted by the following vote; 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 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By I.& 6, GC/ Gary C. Peeler, Chairman ATTEST BY: ddkVAj •A� Jeffre arton,, Cele Acknowledgement by the Department of State of the State of Florida this 28th day of August , 1989. Effective Date: Acknowledgement from the Department of State received on this 31st day of August ,1989 at 11:00 .A.M./P.M, and filed in the office of the Clerk of the Board of County commissioners of Indian River County, Florida. Coding: Words in OftA094 MJ0 type are deletions from existing law. Words underlined are additions. t.: 28 PUBLIC HEARING - PROPOSED PURCHASE OF McKEE JUNGLE GARDENS PROPERTY FROM VISTA PROPERTIES 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 PRESS40111MAL Published Dofly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF'FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newpaper rt semen published at Vero Beach in Indian River County, Florida; that,the attached copy of advebeing a In the matter In theCourt, was pub- _ i i Iished In said newspaper in the Issues of Afflant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swom to and subscribed befo:(Clerk is day, A-yL." A.D. 19 (Business Ma 99 r of the Circuit Court, Indian River u y, Flori I (SEAL) to .. 1, , -Win, to t! PUBLIC NOTICE On Tuesday, August 22, 1989, at 9:05 A.M., the Board of County Commissioners of Indian River County, Florida, will meet in the County Adminis- tration Building at 1840 25th Street, Vero Beach, FL, to consider ratifying a contract for the pur- chase McKee Junle GOrde sf p opewhatirty from Vistaknown asthe properties of Vero Bdach. Inc. for a purchase price of 52.5 million. For 30 days before this public hearing, apprais- als of the properly will be available for public In- spection at the office of the Aide to the Board of County Commissioners. The public is Invited to attend and comment on the proposed purchase. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceed - Ings is made, which Includes testimony and evi- dence upon which the appeal is based. July 19, 1989 D The Board reviewed the following memo dated 8/14/89: TO: Board of County Commissioners DATE: August 14, 1989 FILE: SUBJECT: f _ . FROM*James E. C andler REFERENCES: . County Administrator Attached is an executed contract for sale with Vista Properties of Vero Beach, Inc. for the purchase of the property commonly known as McKee Jungle Gardens. The purchase is contingent upon approval by referendum no later than December 31, 1989. The proposed referendum date is November 7, 1989. If approved at referendum the closing date would be on or before April 1, 1990. AUGX99 29 BOOK. f F�a�. 6 �. L_ I AUG 22 1999 HOK 71 Fa,) 695 Purchase price for the approximately 99 acres is $2.5 million. Total estimated acquisition expense is $2.9 million, including interest and issuance cost, depending on the method of financing the short term note. As proposed, a one year millage levy would be applied. The ordinance with the ballot wording is being prepared by the County Attorney's office. Administrator Chandler explained that the agreement has been executed by Ron Ewing and himself and is being presented to the Board today for consideration. A corollary item on today's Agenda addresses the proposed wording for the ballot provided for in the agreement which states that the purchase price would be $2.5 million. The overall cost associated with this is potentially $2.9 million, which includes the financing for that $2.5 million. He emphasized that we are trying to keep all our options open on the financing and that is why we are quoting a cost of not to exceed $2.9 million. There are a number of options we may want to exercise in the financing of the $2.5 million, but those costs could be less than the $400,000 estimated. In essence, that is the meat of the contract being presented today. Commissioner Scurlock asked if we tried to negotiate with Mr. Ewing that he would carry the note for a while without any interest, and Administrator Chandler explained that when the negotiations first started, there was absolutely no flexibility. It was to be within such and such a timeframe and within such and such parameters. However, during the last few weeks, there has been some indication that Mr. Ewing might be amenable to considering that, but Mr. Ewing indicated that his cost for carrying the note probably would be less to us than what we could gain by placing it with a bank or banks. However, at this point we do not know what tha,t amount would be. Mr. Ewing has left the door cracked, but we are trying to maintain as much flexibility as we can in terms of getting the best terms on the financing. 30 L� J Commissioner Scurlock understood that there is nothing in the proposed actions that we would take today that would limit our ability to seek alternate courses of financing, and Administrator Chandler answered no, other than the fact that we are looking at funding this through a one-time levy. The one-time levy would be 7.352, based on the current year tax roll, but if the referendum passes, the levy wouldn't occur until the subsequent year. Commissioner Bird noted that he had voted to place this item on the ballot with the understanding that between the County, the McKee Jungle Gardens Preservation Society, and Grover Fletcher, every effort would be made to properly educate the voters prior to the referendum about not only the cost of the acquisition of the property but the estimated costs on the restoration of the Gardens and the annual maintenance. He asked if we have a handle on those numbers yet and is there going to be an attempt made to somehow disseminate that information to the public. Administrator Chandler reported that staff has developed the figures, but there is a little difference of philosophy in terms of how the Gardens would be operated. If the County were to operate it, we see it basically as a passive type area with paths, benches, etc., and therefore, we are looking at an annual operating expense of about $70,000 for upkeep and maintenance. Likewise, we would be looking at some expense on the front end, some within the first year and some within the second or third year, for basic improvements to the property such as a parking lot, restrooms, etc. In the first year there would be some expenses for some select clearing and cleaning just to make it a manageable, usable park. We are estimating a one-time startup shot of $99,000 in the first year, in addition to annual expenses. The Society has a startup expense in the first year of about $45,000, and $47,000 in the second year. The difference is that the Society is relying heavily on donations of materials .and/or personnel to help in the clearing. If the Society were to A U G >- 989 3 y t ,,AUG 2 2 6989 "7 F,H,t 697 operate it, they would be looking to go a little bit further than what the County had envisioned in terms of restoring and utilizing the existing structures. He believed their basic operating expenses, as they see the project, would run about $40,000 to $50,000 in the first year and about $70,000 in the second year. He felt it is very important to discuss our intent prior to the referendum as to whether the County or the Society will operate the Gardens. Commissioner Bird believed that most people envision the Gardens as they were some years ago, and if we are talking about just going in there and clearing paths, some people would be disappointed in just taking a walk through there after voting to spend $2.5 million. He felt that some of the color would have to be put back in there to help make it what it used to be. Administrator Chandler emphasized that if the County was to restore those buildings and bring back the color to the gardens, the cost would be considerably higher than what we have proposed here. Commissioner Eggert understood that the Society is saying that with restoration, not just cleanup, and with the volunteer labor and with donations, they still feel that $45,000 one year and $47,000 the second year will go a long way toward returning it to what the Commissioners and the public knew as McKee Jungle Gardens. Grover Fletcher, President of the McKee Jungle Gardens Preservation Society, stated that the $45,000 and $47,000 figures are correct. Basically, their plan is to open it up so that people can see it, and they can put the color back by using donations of flowers and plants from the garden clubs and asso- ciations. They will turn on the water and open up the streams, and put the water lilies back. He agreed that if you go through there now, it looks like 20 acres of woods, but there remains the underlying architectural site plan that was done by a professional landscape architect. The Society has been told by 32 s � � their legal people that they really need to cover their tax exempt status and be very careful about how they present the question to the public in terms of what their intent is for the Gardens. Otherwise, they would have to register as a political lobbyist group. Commissioner Bird felt that somehow between now and November 7th, we need to paint in the minds of the voters an approximate picture of what we hope these gardens will be restored to and what that cost will be, and what the maintenance costs will be. He believed that if we do that, it has every chance of succeeding. Mr. Fletcher invited the Commissioners to come down and see the full-scale model of the Gardens at their headquarters in Luria's Plaza. Two hundred people attended their grand opening last week and donated $600. Administrator Chandler agreed that we should develop some sense of direction well in advance of the referendum in terms of whether the Gardens would be operated by the County or the Society. Commissioner Eggert asked if we can enter into a 2 or 3 year operating agreement with the Society with an option to renew and see how it goes. Administrator Chandler felt that could be done, but he didn't know if it needed to be done prior to the referendum. Quite frankly, if we are looking at it in terms of what the Commission has expressed, he felt the Society has a better ability to do it than the County has. His whole question has been from day one as he has gotten into it with them, is their ability to generate and to sustain those funds. That is why he did the simple calculation that if they can achieve 200 of what they initially presented to him, he would feel comfortable that they can do it. Commissioner Bird stated that it certainly would.be his preference at this point that the County somehow lease this 33 "7 E� AUG 22 1989 BOOK /f'A �'" � U G 2 2 1989 Boos �/ F,�r,�6,5-1 facility back to the Society after its acquisition and have them be forever responsible for its restoration, maintenance and operation, and hopefully it will never fall back on the County's shoulders. Mr. Fletcher reported that since their inception, the Society has collected approximately $45,000and currently has $14,000 remaining to expend. That is where they are economically. Commissioner Scurlock asked if the appraisals reflected the value in utility capacities reserved for those properties, and Administrator Chandler explained that both appraisals included figures based on what the determination was on whether there had been a commitment on that capacity. The appraisers indicated that their final figures would be lower, if, in fact, the utility capacity commitment had not been made. Commissioner Scurlock recalled that when we negotiated the purchase of those facilities, we made a commitment that we would serve that property, and, in fact, had that capacity available. You can go back on the record and find out the square footage and densities that were proposed in those presentations to the Commission, and see that those capacities were available. You can associate that back to the equivalent residential requirements and come up with a value, which he understood is somewhere around $400,000. Since there is'a difference between the general fund and the utilities enterprise fund, and if there is a value there, and if it is released back to Utilities, he would hope that an appropriate compensation takes place. Commissioner Bird was concerned about access to the 15 acres via U.S. #1, and hoped that is our intention because he didn't want to get into that battle again about sharing the entrance road of Vista Gardens and crossing their entrance road from Indian River Boulevard. He hoped that we have got the legal ability to create an entranceway and the proper turning lanes or whatever we need to do on U.S. #1 to get into this project. The other part of the purchase that concerned him is public access to 34 the wetlands. He asked if the purchase agreement assures us of public access to these wetlands. Administrator Chandler agreed we need to double check on that, but when he got into this earlier, he was advised that we have acquisition to those wetlands through the easement of right-of-way that runs adjacent to the McKee property onto the east. Commissioner Bird wanted our legal staff to look at that and make sure that access is for public access. Attorney Vitunac suggested that we write an amendment to this contract now that requires Mr. Ewing to give us public access to all the parcels we are buying. If the Board will allow him to add some language to the contract to that effect, we will send the contract back to Mr. Ewing to initial that wording. He didn't feel that should be a problem. Commissioner Scurlock asked if a Motion is needed to approve that addition to the contract, and Attorney Vitunac explained that this is a public hearing; we have proof of publication; the appraisals have been on file for 30 days to give the public the right to see if we are paying too much or too little for this property; and they have a right now to come to the podium and talk about it. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. Jim Haeger of Garden Grove on south U.S. #1 felt that there is going to be a lot more work than just opening up the trails. The Society plans to have some greenhouses, and one person has offered to grow orchids there and put the orchids back in the trees. They will have the pools open and put back the water lilies, and have all kinds of colorful flowers and they will be adding more native plants to the area. They also plan to teach the school children and have classes on native plants and other horticultural subjects. There will be some other buildings 35 NOOK 77�',� E tV AUG 22 19on AUG 2 2 1999 �ooK F,oE0. eventually besides the two existing buildings which are the Hall of Giants and the Spanish Kitchen. They will have an entrance building and facilities in that for exhibits and things like that. Mr. Haeger advised that there are at least two or 3 artesian wells which will be used to keep the water in the little ponds along the entrance to the gardens and the little streams that run along the trails. There are also places for waterfalls, and all that rock work is still there. Mr. Haeger felt they probably would need some sort of irrigating system to water the plants when they are first planted, but the moisture is very good in there and it probably won't take much. There being no others who wished to be heard, Chairman Wheeler closed the Public Hearing. Attorney Vitunac read aloud from the Standard for Real Estate Transactions which is part of the purchase agreement: Item #E - "Ingress & Egress Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof title to which is in accordance with Standard A." Commissioner Bird wanted more assurance than that, and Attorney Vitunac recommended the wording in the following Motion. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert, that the Board ratify the contract as already signed by Administrator James Chandler with the addition of amendment regarding the right to public access to all the parcels the County is buying. Under discussion, Commissioner Scurlock stated for the record that he felt we are paying too much for these properties, but emphasized that this was no reflection on the negotiations by Administrator Chandler who had to work within very tight parameters. W He felt this price is far in excess of what the properties are worth, and had a problem with that as he believed we could have taken a better approach. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. CONTRACT FOR SALE IS ON FILE IN THE OFFICE OF THE CLERK TO THE McKEE JUNGLE GARDENS BOND REFERENDUM The Board reviewed the following memo dated 8/16/89: TO: The Board of County Commissioners FROM: C�-rles P. Vi u a ounty Attorney DATE: August 16, 1989 SUBJECT: McKee Jungle Gardens Bond Referendum If the Board ratifies the contract entered into between Vista Properties of Vero Beach, Inc. and the County Administrator for the purchase of McKee Jungle Gardens, I would request that the Board review the proposed bond referendum language of this memo and, if acceptable, I will present a formal bond resolution at the next Board meeting. SHALL INDIAN RIVER COUNTY BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS OR NOTES OF THE COUNTY IN AN AMOUNT NOT EXCEEDING $ , FOR THE PURCHASE OF THE McKEE JUNGLE DANS, OF APPROXIMATELY ACRES, AND NEARBY OR ASSOCIATEU-TWETLAND = PARCELS,—UF APPROXIMATELY ACRES, WITH ANY SUCH BONDS OR NOTES TOBE-. REPA I D FROM AD VALOREM TAXES WITHIN YEARS AT AN INTEREST RATE NOT EXCEEDTRC-TAE LEGAL RATE? Attorney Vitunac went over the suggested wording for the bond referendum, explaining that blanks were left for the dollar, amount, number of acres, and number of years for the interest to be paid. The final wording will come back to the Board at the next meeting. For the $ [Ih AUG 2 2 b8b OMB Director Joe Baird has AUG 22 1989 RooK ! ,-� FgcE lIj come up with $2.9 million. The acreage is left blank to make sure that the surveyors get it exactly, and the number of nearby wetland acres will be inserted at that time also. The number of years has been left blank also. If the Board is interested in just a one-year millage rate, there won't be any bonds at all. The only financing would be an internal borrowing which the OMB Director would do from some funds or even a bank note for less than one year. The County wouldn't have a bond issue; we might have a simple note. However, for the purpose of the bond referendum, we could insert within 3 to 40 years or whatever the Board prefers, and keep our options wide open. Or, if the Board desires, we can limit our options right now by this type of language. Grover Fletcher, President of the McKee Jungle Gardens Preservation Society, believed that it is the public's perception at this point that this will be a one-time levy, and didn't feel we should shift from that position now. Commissioner Scurlock explained that we would not be shifting; it still would be a borrowing at a local bank instead of a bond issue for one year. out for a bond issue. It would cost us more if we went Administrator Chandler felt the point needs to be clarified that it would be a one-time levy to cover that expense regardless of the manner in which we finance it, whether it be through a bank, private placement, or whatever. Commissioner Bird understood then that whatever millage is required will fall in one tax year and is not to exceed $2.9 million. Commissioner Eggert understood that we would go out and borrow next year in 1989-90 to pay for this purchase, if it is approved, and then the tax bill for 1990-91 would show all the millage required. 38 _I OMB Director Joe Baird emphasized that although the one-time levy will be only for one year, we may have to have a bond issue in excess of one year because of the timing difference. Supervisor of Elections Ann Robinson advised that in order to make an exception of the 90 -day notice for the election for the County Commission, she went ahead after talking to the Chairman and the County Administrator, who indicated that they wanted to have the county election on November 7, 1989, and sent out notices to get sealed bids for the purchase of 30,000 ballot cards. She sent the letter out in July, asking that the bids be returned today. She and Chairman Scurlock opened them this morning, and she needs the Board's approval to make that purchase since the ballots must be in 60 days before the election. Three bids were received for 30,000 official ballot cards: Pace Williams bid $54 a thousand; Business Records bid $79.55 a thousand; and Sequoia Pacific bid $99.61. She recommended that the Board approve the purchase of the ballots from Pace Williams at $54 a thousand at a total cost of $1,620. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board authorize the purchase of 30,000 ballot cards from Pace Williams at $54 per thousand cards for a total cost of $1,620. Under discussion, Supervisor Robinson advised that we would be using our regular punch card voting equipment, and Commissioner Eggert noted that we also have to approve the cost of the election. Supervisor Robinson advised that there are several things that need to be approved, but she wanted to go ahead and get this out of the way. Ordinarily, she doesn't go through the Board for the purchase of the ballots, but to be excessively cautious this year since we had a tremendous amount of discussion over the proposed Voter Protection Act Bill, she felt she would go ahead 39 AUG 2 21989 BOOK �(j 7 i -AGE 70 t I _I Q U G 2 2 1989 BOOK 77 705 and ask the Board to approve the purchase of the ballots. She further explained that the minimum that requires bids, as of January 1, 1990, will go up to $3,000, but right now it is $1,000. Chairman Wheeler asked if the proposed $27,000 for the cost of the election included the $1,620 for the purchase of the ballots, and Supervisor Robinson stated that the $27,000 would cover all the costs for the election. She explained that she came to the Board today to get specific approval to purchase the ballot cards just to be safe, because there is some confusion about whether only a governing body can purchase ballot cards or whether Supervisors of Elections can make the purchase. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. In discussing the wording of the language on the ballot, Supervisor Robinson advised that it is important to her for the Board to specify whether this is a millage election or a bond referendum. For a bond referendum, they are only required to have a minimum of 4 poll workers at a polling place, but in any other type of election, they must have a minimum of 5 workers. Attorney Vitunac confirmed that this is a bond referendum. The Board indicated that they would not have any objections if a municipality wanted to join in the November election since it would reduce the County's costs somewhat. Supervisor Robinson advised that she needed two other things from the Board today: 1) The official date of the election, and 2) The budgeting of $27,000 so we can get underway for the election. Attorney Vitunac advised that he would bring back the exact wording for the ballot for the Board's approval. 40 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the date of November 7, 1989 for the bond referendum, and approved Budget Amendment #093 in an amount not to exceed $27,000 for the election costs. T'0: RIeuObers of the Board of County Commivsioners FROM: Joseph A. Baird 0144 Director dx- SUE-JECT: BUDGET A14EN NT NUMBER: 093 DATE: August 21., 1989 Jn ry dumber Funds/Department/Account Name Account Number � Increase Decrease i. EXPENSE GENERAL FUND/Supervisor of Elections S ecial Elections 001-700-51.9-036.74 927 000.00 S 0 GENERAL FUND Reserve for Contingency 001-700-581.-0 9.91.j1 0 527,000.00 1 - EMERGENCY MANAGEMENT RADIOLOGICAL AGREEMENT The Board reviewed the following memo dated 8/1/89: ------------------------------------------------------------------- TO: James Chandler DATE: August 1, 1989 County Adminis` trator THRU: Doug WrighC DDirjector Emergency Management Services SUBJECT: Approval of FY 89-90 Radiological Emergency Preparedness Agreement (FP&L Contract) FROM: John W. King, Deputy Director T14 - Emergency Management Services -------------------------- ----------------- ----------------------- It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its next regular scheduled meeting. DESCRIPTION AND CONDITIONS Each year representatives from Indian River County Emergency Management Services, Florida Power and Light, and the Florida Department of Community Affairs negotiate the Radiological Emergency Preparedness Agreement. The agreement is predicated on responsibilities defined by the US Nuclear Regulitory Commission in Rule 10 CFR Parts 50 and 70, and NUREG 0654, FEMA -+REP -1, Revision 2. During the referenced negotiations on June•.30, 1989, an agreement was reached wherein Indian River County" -will receive $36,755 in funds to enable the County to carry out its responsibilities as provided in the above referenced authorities. AUG 72, 2 1989 41 BOOK�E AUG 2 2 1989 �,� PA Bou .7 7 .. E.70 7 ALTERNATIVES AND ANALYSIS The agreement binds the County to participation in the following radiological emergency planning and preparedness activities: 1. Maintenance of local radiological emergency plans and implementing procedures; 2. The requisite personnel will complete required radio- logical emergency training; 3. Participate as required in exercises and evaluation of exercises; 4. Continued and further radiological emergency planning as required by the above regulations and "Florida's Radiological Emergency Management Plan for Nuclear Power Plants". The activities required have been on-going for several years. Also included in this budget year is fifteen percent (15%) of the total salary and benefits of the Emergency Management Services Director, Deputy Director, and the Administrative Secretary II position. The sum negotiated this year represents an increase of $1,826 over the previous year. RECOMMENDATION Staff recommends approval of the FY 89-90 Radiological Emergency Preparedness Agreement and requests the Board of County Commissioners authorize the Chairman to execute the appropriate documents to secure the funding of $36,755 as proposed. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the FY 89-90 Radiological Emergency Preparedness Agreement as set out in the above staff recommendation. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD L'l4 ARCHITECTURAL PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION The Board reviewed the following memo dated 8/10/89: DATE: AUGUST 10, 1989 TO: JAMES CHANDLER COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI PS FROM: LYNN WILLIAMS PROJECT _ MAIN LI Y SUBJECT: PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION DESCRIPTION AND CONDITIONS The attached Supplemental Authorization, represents a minor change to Architects Master Contract' for design of the Indian River County Main Library executed December 22, 1988. The fee of $700 is requested for the additional structural design and documents required to bid as an alternate, a change to the multi- purpose meeting room roof structure. This alternate will allow development of the roof area as an outdoor reading/study area. It is projected that funding for this alternate will be provided by the Lowenstein Memorial fund. All design plans and specifications will be prepared :%ii such a way so as to allow identification of all costs associated with the alternate. ALTERNATIVES AND ANALYSIS: Basic compensation for all Architectural services under the Master Agreement is fixed at $189,260.00. The Supplemental services ($700.00), will increase the total amount of the contract to $189,960.00. RECOMMENDATION AND FINDING; Staff recommends approval of the Supplemental Authorization increasing the Compensation to Dow, Howell, Gilmore & Associates by $700, for the design required by the alternate roof structure on the multi-purpose meeting room. Sufficient funding is available with the Main Library Construction Budget for this expenditure. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Supplemental Authorization as set out in the above staff recommendation. AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 43J s�' AUG 22 1989 BOOK I '! E" � 70 AUG 2 2 BOOK 7 1 PAf,r 711 CONCEPTUAL AGREEMENT TO ELIMINATE TRACKING STATION PARK FROM PROPOSED BEACH_ RESTORATION PROJECT The Board reviewed the following memo dated 8/14/89: City of Vero Beach 1053 -20th PLACE - P.O. BOX 1389 VERO BEACH, FLORIDA - 32961 - 1389 OFFICE OF THE Telephone: (407) 567-5151 DIRECTOR OF ENGINEERING August 14, 1989 ��0,111213��j� c0 10 Jim Davis U'):::. �. 98,0 Director of Public Works ..�'F... Indian River County N 1840 - 25th Street Vero Beach, FL 32960 L ,, 915; RE: Conceptual Agreement To Eliminate Tracking Station Park om Proposed Beach Restoration Project. Dear Mr. avis: The purpose of this memo is to present the rational' for reducing the size of a proposed beach restoration project. The Vero Beach Ad Hoc Beach Advisory Committee has been investigating various methods that may be used in a project to control the erosion of beaches and dunes. In addition to restoring the dune, the committee is concerned in protecting and enhancing the marine habitat. A specific decision has not been made, but an idea that has been informally mentioned Is to reduce the width and length of the proposed nourishment project. The committee has been investigating methods to reduce the width by using breakwaters or submerged reefs in conjunction with a nourishment project. In addition to eliminating 2,000 feet at the south end to protect the Riomar Reef, a suggestion has been made to eliminate approximately 2,400 feet on the north end. 44 By reducing the project from 14,000 feet to 9,600 feet, the "footprint" of ' the proposed. project would be reduced approximately 30 percent. The 9,600 feet would protect the historically, badly eroded beach from Ocean Gate Condominium to the Gables Condominium. Request an item be placed on the County Commission Agenda for August 22, 1989, for the purpose of obtaining conceptual approval of the County Commission to ask the Jacksonville district Corps of Engineers to investigate the advisability of this concept. In addition to requesting an evaluation on the affect on the marine habitat, The Corps of Engineers will be asked to Investigate costs and benefits of this pian. Specifically the engineers will be asked to comment on whether a shortened project will be beneficial or detrimental to the Tracking Station Park. Will the park accrete as a result of the end losses of a nearby nourished beach, or will the nourished beach cause excessive erosion of the park, particularly during Northeastern storms. ? 44 Within the next six weeks, the Corps of Engineers is expected to have completed an analysis of the Vero Beach project and would have presented its recommendation to the Ad Hoc Beach Advisory Committee. The committee will then decide on a specific method, and make its recommendation to the City Council. At that time the E'ounty Commission would be officially notified of the revised erosion control project and requested to concur in the revised project. Sincerely, 4aG rge .Gross, P.E. stal Resources Mgr. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the elimination of the Tracking Station Park from the proposed beach restoration project, as recommended by George Gross, Coastal Resources Manager of the City of Vero Beach. INTERSECTION IMPROVEMENTS AT OSLO ROAD/OLD DIXIE HIGHWAY FOR SOUTH VERO SQUARE SHOPPING CENTER The Board reviewed the following memo dated 8/11/89: TO: James E. Chandler, County Administrator THROUGH: James W'. Davis, P.E., Public Works Director FROM: David B. Cox, P. E. lac - Acting Traffic Engineer SUBJECT: Intersection Improvements at Oslo Road/Old Dixic Highway for South Vero Square Shopping Center DATE: August 11, 1989 DESCRIPTION AND CONDITIONS On May 23, 1989, the Board of County Commissioners approved funding a joint project between the County and Deckinger Properties, the developer of South Vero Square Shopping Center, to design five lane widening improvements along Oslo Road from 500 feet west of Old Dixie Highway to US 1. AUG 22 1989 r<'l 45 EOOK l� � Fll�"'J_iu" L AUG 2 2 BOOK I PAGE 71 At this time, the developer anticipates requestinty a Certificate of Occupancy for the center's Publix grocery store by September 1,1989. The design for the Oslo widening..has been started with completion pending right-of-way acquisition. Staff is currently working with the Helseth family to resolve right-of-way and design issues. The capacity of the Oslo/Old Dixie intersection needs improvement in order to provide adequate traffic control prior to completion of the widening project. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Implement a temporary four-way stop at the intersection. The Manual of Uniform Traffic Control Devices makes this interim measure available where a signal is warranted, and urgently needed, until a signal can be installed. A four-way stop was installed in a similar situation at the Old Dixie/4th Street intersection when the Wal-Mart store opened in 1987. The stopping sight distance for vehicles eastbound on Oslo Road will warrant two preliminary advance notification signs. Alternative No. 2 The developer would provide and install a traffic signal prior to issuance of any Certificates of Occupancy. This signal would have to be modified when intersection widening improvements are conducted. RECOMMENDATION Alternative No. 1 is recommended. Adequate stopping sight distance is available on Oslo Road(see attached letter). A flashing beacon is already in use which can easily be changed to red lenses for traffic on Oslo Road. ON MOTION by Commissioner Scurlock, SECONDED by Commissi-oner Eggert, the Board unanimously approved staff's recommendation of Alternative No. 1 as set out the above memo. CONTRACT TO PURCHASE LOTS 9 & 10 IN BOOKER TO WASHINGTON ADDITION FOR IRC ADMINISTRATION BUILDING/HEALTH DEPARTMENT AREA The Board reviewed the following memo dated 8/16/89: 46 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.,. Public Works Director v SUBJECT: Contract to Purchase Lots 9 and 10, Block 7, Booker T. Washington Addition - Indian River County Administration Building/Health Department Area DATE: August 16, 1989 DESCRIPTION AND CONDITIONS Staff has been negotiating with the property owner, Brenda Sue McWilliams, for the County to purchase lots 9 and 10, Booker T. Washington Addition Subdivision. This property is located at the southeast corner of 27th Street and 18th Avenue which is contiguous to current county owned property located north of the County Administration Building (see attached sketch). Initially, the property was offered to the County for $50,000. The lots are 501 x 125' each, for a total of 12,500 SF. Recent appraisals in the area (Armfield and Wagner Appraisers and Osteen Appraisers) indicate that the property in this area is valued at $3.68/SF. The original offer to the County was $4/SF. Staff has negotiated the contract price down to $46,000 which equates to $3.68/SF. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative 1 Purchase the two lots for $46,000. Funding to be from Optional One Cent Sales Tax Revenue. Closing to be after Oct. 1, 1989. Alternative 2 Indicate to the seller that the County does not wish to purchase the land. RECOMMENDATIONS AND FUNDING It is recommended that the County purchase the two lots for $46,000. Funding to be from One Cent Optional Sales Tax. AUG 2 2 1989 47 6QGK �� (� f'.VE�l� L AUG 22 1989- OOK B 77 7 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the contract for sale and purchase of Lots 9 and 10, Block 7, Booker T. Washington Addition for the total amount of $46,000, and authorized the Chairman's signature. Funding to be from the One Cent Optional Sales Tax.ul) LJ !-5 & 6,4,114 CONTRACT FOR SALE AND PURCHASE D ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED PURCHASE OF SEWER LATERAL MARKER LOCATOR FOR GIFFORD SEWER PROJECT The Board reviewed the following memo dated 8/11/89: DATE: AUGUST 11, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SE� I SUBJECT: SEWER LATERAL MARKER LOCATOR FOR THE GIFFORD SEWER PROJECT IRC PROJECT NO. US -85 -07 -CCS PREPARED AND STAFFED BY: JOHN FREDERICK LANG ENVIRONMENTAL SPECIA IST DEPARTMENT OF UTILIT SERVICES BACKGROUND The Gifford Sewer Project employed ScotchMark Markers, a 3M product, to delineate the end of each sewer lateral. The markers require a special locator for detection purposes. Two brands of locators were obtained for testing. ANALYSIS The 3M locator is the less expensive of the two and performed best in our tests. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners authorize the purchase of a 3M locator for a price of $650.00. The funding for this acquisition is to come from the Contingency Fund for the Gifford Sewer Project. 48 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously authorized the purchase of a 3M locator for a price of $650, as recommended by staff. GIFFORD AREA SEWER PROJECT - CONTRACT #2 - EFFLUENT DISPOSAL - CHANGE ORDER #3 AND FINAL PAYMENT The Board reviewed the following memo dated 8/14/89: DATE: AUGUST 14, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTILI E VICES SUBJECT: GIFFORD AREA SEWER PROJECT IRC PROJECT #US -85 -08 -ED . CONTRACT #2 - EFFLUENT DISPOSAL CHANGE ORDER #3 AND FINAL PA TENT PREPARED AND STAFFED BY: ERNESTINE W. WILLIAMS MANAGER OF PROJECT ADMINISTRATION DEPARTMENT OF UTILITY SERVICES BACKGROUND On October 1, 1987, Indian River County contracted for the construction of approximately 4,550 linear feet of 16" diameter iron pipe reclaimed water force main, approximately 1,700 linear feet of 8" diameter PVC reclaimed water force main, four (4) water quality monitor wells, two (2) subaqueous canal crossings, valves, appurtenances, complete restoration, and general site work, complete r�. and ready for operation. The work covered under Contract #2 has now been completed. However, upon completion, the contract came in less than estimated. 'Therefore, we are requesting a decrease in contract price of $17,756.00, as indicated in attached Change Order #3. The revised %contract price becomes $452,689.00. Final payment due to contractor is $23,762.95. ANALYSIS We have reviewed the figures and find them to be in order and the work performed has been satisfactorily accepted. RECOMMENDATION The staff of the Department of Utility Services recommends that Change Order #3 for a reduction in contract price of $17,756.00 be "= approved and that final payment of $23,762.95 be paid to the contractor per the engineer's certification. AUG 2 1989 49 BOOK r .� F,Au 1 ' AUG 2 (`3 1989 pooK 77 f',cE 715 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order #3, as set out in the above staff recommendation. CHANGE ORDER #3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE DEVELOPER'S AGREEMENT WITH FIRST UNION NATIONAL BANK OF FLORIDA FOR OVERSIZING OF WATER LINE The Board reviewed -the following memo dated 8/8/89: DATE: AUGUST 81 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRA OR FROM: TERRANCE G. PINT DIRECTOR OF UTILT%)r SERVICES SUBJECT: DEVELOPER'S AGREEMENT FIRST UNION NATIONAL BANK OF FLORIDA IRC PROJECT NO. CDS-318 PREPARED AND STAFFED BY: SCOTT C. DOSCHER -PRIVATE PROJECTS ENGINEER DEPARTMENT OF UTILITY SERVICES BACKGROUND First Union National Bank of Florida is oversizing a water line on the south side of State Road 60, across the frontage of the subject property. ANALYSIS '.The project requires 163' of 8" water line.1,"*The County requires a 12" water line aser our Master Plan. The Count wishes to P Y compensate First Union National Bank of Florida for oversizing of the line from 8" to 1211, in the standard amount of $2.00 per inch of oversizing per foot of line, which is calculated as follows: ($2.00 per inch of oversizing) (4" of oversizing) (163' of line) _ $1,304.00 First Union National Bank of Florida shall be reimbursed with 50 percent of all impact fees paid for the subject property, not to exceed the total allowed reimbursement of $1,304.00. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Developer's Agreement with First Union National Bank of Florida. 50 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously approved the Developer's Agreement with First National Bank of Florida, as recommended by staff. DEVELOPER'S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DEVELOPER'S AGREEMENT WITH WINDSOR POLO 8 BEACH CLUB AND ORCHID ISLAND GOLF AND BEACH CLUB The Board reviewed the following memo dated 8/3/89: DATE: AUGUST 3, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PIN O DIRECTOR OF UTI ERVICES SUBJECT: DEVELOPERS AGREEMENT BETWEEN INDIAN RIVER COUNTY, WINDSOR POLO AND BEACH CLUB AND ORCHID ISLAND GOLF*AND BEACH CLUB PREPARED AND STAFFED BY: WILLIAM F. MICA PROJECTS ENGINE DEPARTMENT OF UT ITY SERVICES BACKGROUND The Polo Club has extended off-site utilities on State Road A -1-A from the Polo Club site to our existing water line just South of the intersection of A -1-A and Rt. 510. They also constructed and oversized a looping line from A -1-A to Jungle Trail on Rt. 510. The utilities have been oversized to serve the regional area. Indian River County Utilities wishes to reimburse;..:Polo and Orchid thru impact fees credit for the cost of oversizing. ANALYSIS A detailed analysis is listed on the attached Agreement. The totals are as follows: Total line cost: $419,599.04 Total credit for line oversizing $111,559.20 RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the aforementioned Developers Agreement. AUG 2 `669 51 BOOK � � Fa,t �. u Fr- I AUG 2 2 1989 BooK .7..7 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Developers Agreement with the Windsor Polo and Beach Club and the Town of Orchid. DEVELOPER'S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FINAL CHANGE ORDER AND PAY REQUEST - KINGS HIGHWAY AND LINDSEY ROAD CONTRACT #1 The Board reviewed the following memo dated 8/10/89: DATE: AUGUST 10, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR T1iRU: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: WILLIAM F. McCAIN CAPITAL PROJECTS EN EER DEPARTMENT OF UTILITY SERVICES SUBJECT: FINAL CHANGE ORDER AND PAY REQUEST KING'S HIGHWAY AND LINDSEY ROAD CONTRACT #1 INDIAN RIVER COUNTY PROJECT NO. WW -87 -22 -DS i BACKGROUND We have received all releases of liens from KeXtova Construction Company's subcontractors, certification from the engineer, clearance from the Department of Environmental Regulation, and as -built drawings. We now wish to make final payment on this contract. ANALYSIS Due to adjustments in the quantities of materials used (see attached change order), the contract price has been lowered. The original contract price of $1,226,210.90 has been revised to a new contract Price of $1,184,925.42; a difference of $41,285.48. The final pay request is in the amount of $118,492.54. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve change order No. 1 and Kenova Construction Company's final pay request. 52 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Change Order No. #1 and Kenova Construction Company's final pay request, as recommended by staff. CHANGE ORDER #1 AND FINAL PAY REQUEST ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FINAL PAYMENT REQUEST FOR SOUTH COUNTY R.O. PLANT EXPANSION PROJECT The Board reviewed the following memo dated 8/9/89: DATE: AUGUST 9, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO1�� DIRECTOR OF UTILITY SERV CJES SUBJECT: FINAL PAYMENT REQUEST FOR THE SOUTH COUNTY R.O. PYsaNT EXPANSION PROJECT IRC PROJECT NO. L714 -88 -01 -WC PREPARED AND STAFFED BY: WILLIAM F. McCAIN CAPITAL PROJECTS ENER DEPARTMENT OF UTILITY SERVICES BACKGROUND On Tuesday, July 25, 1989, the Board of County Commissioners approved the final Change Order for this project. We have secured Release of Liens and the required Maintenance Bonds from the general contractor (Butler Construction), and we.now wish to make final payment on this work. ANALYSIS yr The original contract price is $1,154,115.00. There were two subsequent Change Orders that were approved by the Board of County Commissioners totaling $151,584.50, making the total contract $1,305,699.50. The Maintenance Bond for this contract has been set at $918,799.50, which is the final contract price minus the cost of the Crom storage tank, on which we have a (5) five year warranty from Crom. The final payment due the contractor is $107,106•.50. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Butler Construction's final payment request. 53 ,AUG 2 COOK % I F';,iUL �. r+ry BOOK FACE ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the final payment request from Butler Construction, as recommended by staff. FINAL PAYMENT STATEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PURCHASE OF PROPERTY FROM FIRST BAPTIST CHURCH The Board reviewed the following letter dated 8/8/89: ROBERT JJACHSON, P. A. r I1 ATTORNEY AT LAW 2165 15TH AVENUE VERO BEACH, FLORIDA 32960Le:[; (407) 567-4355 C ;• ` BOARD CERTIFIED `c: ESTATE PLANNING AND R-7Fn$•(Air (7� ORNEY PROBATE ATTORNEY August 81 1989 Charles Vitunac, Esq. County Attorney County Administration Building 1840 25th Street'. Vero Beach, FL 32960 Re: First Baptist Church/Harry Hurst properties Dear Charlie: At a Building Committee meeting of the First Baptist Church last week, we were told that Harry Hurst, who owns the property across from the Sunday- School building, has raised his price to $175,000. He originally wanted $110,000, then $125,000 for his property. Because of this increase, it does not look as though it will be a viable option for the church for the County to" condemn his property. Please confirm that no action has been taken by the County as of this time, and that if the County desires to purchase the old church property, it will get back in touch. Very truly yours, J Robert Jackson RJ:bbs cc: Mr. Ron Selph Chairman, Bldg. Committee 54 Attorney Vitunac explained that he would like to offer a plain contract to First Baptist Church in the amount of $175,000 for the County to purchase Lots 12, 13, and 14 in Block 36 where the old sanctuary was located. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Scurlock, that the Board authorize the County Attorney to make an offer of $175,000 to First Baptist Church to purchase Lots 12, 13, and 14 in Block 36. Under discussion, Commissioner Bird asked what these 3 lots would be used for, and Commissioner Eggert advised that the property would be used for the downtown complex. Administrator Chandler believed we would need that property, but he could not be sure until we see what the master plan calls for. Attorney Vitunac felt we should purchase that property while we can. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried by a vote of 4-1, Commissioner Bird dissenting. SCHEDULING OF HEARINGS FOR PAAB APPEALS ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously scheduled the hearings for the PAAB appeals at 9:00 o'clock A.M. on September 11, 1989 and September 13, 1989. 55 AUG 2 2 �� � 600K i 7 P,�UL — 7� � '' 4 BOOK i F'�i11 721 MARINE CONSERVATION The Board reviewed the following memo dated 8/11/89: t; Center for Marine Conservation olFT^I9UT;o.v LIST Formerly Center for Environmental Education, Est. 1972 AU -4;n: watur 1213 11, 1989 Honorable Gary C. Wheeler i� Per=•��j;,el Board of County Commissioners ^� �.,;� >; Pu' :- Works Administration Building co vU 1389 � Ceill:numty Lxv. � + 1840 25th St.R CF ut iitlos - Vero Beach FL 32960 cr: BagRD �V�D �` �.cOh4,�sSt ON r� f Qer�@ +pjyje55 - Dear Commissioner Wheeler, I am writing to request your �sugZ or important state legislation to protect the sea turtles nesting and foraging in Florida. For more than a decade all species of sea turtles have been protected under the Endangered Species Act and Florida state law. Despite this protection, our sea turtle populations continue to decline. The gravest threat to sea turtles in U.S. waters is the incidental capture and drowning of thousands of animals each year. The National Marine Fisheries Service (NMFS) estimates that 48,000 sea turtles are caught annually in shrimp trawls; of the animals captured, more than 11,000 drown. Fortunately, there is a technological solution to this problem. Special net inserts, known as Turtle Excluder Devices or TEDs, allow entrapped animals to escape without causing a loss in shrimp catch. TEDs also eliminate up to 70 percent of the finfish byeatch (in the Gulf of Mexico shrimpers discard 9-20 pounds of finfish for every pound of shrimp landed). The use of TEDs in federal waters has been reviewed by the executive, legislative and judical branches of government for the last several years, and the regulations were scheduled to go into effect on May 1, 1989. However, recent actions by the Department of Commerce have delayed their mandatory use. On Tuesday August 8 Governor Martinez and the Cabinet adopted emergency regulations requiring TEDs in all state waters at all times of the year. The vote to make the regulations permanent is scheduled for early September. I am writing to you now to request that your County Commission pass a resolution in support of these regulations before that time. Your endorsement is needed and would be very appreciated by concerned citizens and sea turtle conservationists alike. A copy of the draft regulations and a suggested resolution format are enclosed. Please call Dr. Ed Proffitt at our office in St. Petersburg (813-895- 2188, 895-3248) or me if you have any questions or if you would like to discuss this matter further. On behalf of the turtles, Thank you! S cere y,, Maryd le Donnelly, Director Sea Turtle Rescue Fund 172 5 DeSales Street, NW Washington, D.C. 20036 (202)429-5609 Telefax (202)872-0619 , r t.I printed on recvcied paper Chairman Wheeler proposed that the Board adopt a resolution in support of the use of Turtle Excluder Devices (TEDs). ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 89-81, a resolution to the Governor and the Legislature of the State of Florida in support of the use of Turtle Excluder Devices (TEDs). RESOLUTION NO. 89-81 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF THE USE OF TURTLE EXCLUDER DEVICES (TEDs). WHEREAS, the State of Florida has been very involved in efforts to conserve the sea turtles that nest on our shores and forage in our waters; and WHEREAS, citizens of Florida volunteer thousands of hours throughout the state to patrol and protect nesting sea turtles and their eggs and hatchlings; and WHEREAS,* sea turtles are listed as endangered and threatened species and are protected under the Endangered Species Act and Florida State law; and WHEREAS. the five species of sea turtles, found in Florida waters are captured and drowned in shrimp trawls each year; and WHEREAS, expert government and non-government biologists have concluded that restrictions on the time that shrimp fishermen can keep their nets in the water (90 and 105 minute tow times)- are not enforceable and cannot prevent the drowning of sea turtles; and WHEREAS, the National Marine Fisheries Service and the U.S. Fish and Wildlife Service have identified the use of Turtle Excluder Devices (TEDs) in shrimp nets as the only way to prevent the drowning of sea turtles and promote the recovery of the aforementioned species; and WHEREAS, unprecedented numbers of the Kemp's ridley, the world',s most endangered sea turtle, have stranded on Florida beaches this year as a result of shrimping; and Al 2 1989 57 B00� 1 ,E 1 ' AUG 2 2 1989 BOOK 77 f,9GE WHEREAS, the State of Florida Marine Fisheries Commission and the Governor and Cabinet declared an emergency in Augqst 1989 and passed an emergency rule requiring use of TEDs in all Florida waters; and WHEREAS, the State of Florida Marine Fisheries Commission has approved a permanent rule that would require the use of TEDs and this rule is now pending approval by the Governor and Cabinet; and WHEREAS, it is a benefit to.. the citizens to protect sea turtles as part of Florida's unique heritage; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the emergency and permanent state rules that mandate the use of Turtle Excluder Devices are fully supported,_and the Governor and Cabinet are urged to approve and implement the permanent regulation with all due haste. The foregoing Resolution was offered by Commissioner Bowman and seconded by Commissioner Scurlock and upon being put to a vote the vote was as follows: 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 at public meeting held 22nd day of August, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By–Ay— Gary y Gary Wheeler, Chairman ATTEST; e—� By f y t Barton, Clerk � � r ALCOHOL, DRUG ABUSE AND MENTAL HEALTH BIENNIAL PLAN The Board reviewed the following memo dated 8/16/89: TO: Board of County Commissioners DATE: August 16, 1989 FILE: SUBJECT: Alcohol, Drug Abuse and Mental Health Biennial Plan FROM: - Carolyn R. Eggert REFERENCES: Chairman, 9-B Alcohol, Drug Abuse and Mental Health Using the service deficiencies found throughout Martin, St. Lucie, Okeechobee, Indian River and Palm Beach Counties, the Boards of the 9-A and 9-B Councils have prepared their State mandated biennial plan. Using the State's 5 -year plan as a guide, this plan reflects what District 9 needs to do to bring its services up to State requirements. The State plan is almost utopian, and money will not be available in the next 5 years to fully implement it. Our District 9 plan is much more realistic. However, we also.reali.ze that funds will not be available even at this more practical level to do it all. RECOMMENDATION: / -i r�F-/ I request that you approve this biennial Iplan. Commissioner Eggert pointed out that the date in the,rec- ommend,ation is wrong, It should be 1989-91. She emphasized that the approval of this plan does not commit us to any funding. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the Alcohol, Drug Abuse and Mental Health Biennial Plan for 1989-91 with the understanding that this does not commit us to any funds. AUG 2 2 1989 59 ROOK L AUG 2 2 1989 BooKl F,:�t '725 err There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:20 o'clock P.M. ATTEST: Clerk 60 _ � d Chairman