HomeMy WebLinkAbout11/21/1989BOARD ACT 1c NI & 1MPLEMENTAT1ON
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
NOVEMBER 21, 1989
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
-COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Carolyn K. Eggert,•Vice Chairman
Richard N. Bird
Margaret C. Bowman
Don C. Scurlock, Jr.
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
* * * * * * * * * * * * * * * * * * * * * * * * *. * * * * * * * * * * * * *•..
( 9:00 AM 1. CALL TO ORDER
2. INVOCATION - Pastor Buddy Tipton 3'
Central Assembly of God
Approved.
•
..Res. 89-143
Approved.
Approved.\
Approved.
Approved.
Approved.
3. PLEDGE OF ALLEGIANCE - James.E. Chandler 'a
County Administrator
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS -:lit
a. Report from Admin.Chandler re construction projects. .
b. Report on Marine Advisory Narrows Watershed Action Comm. _
.21
c. Comm'r. Bird requested addn of Bike Path Committee report.
d. Comm'r. Scurlock req.Items G & H be removed for discussion..,)
5. CONSENT AGENDA '=!?,
NOV 21 1989
'h._
A. Approval of Minutes of the Regular
Meeting of 10/24/89
B. Resolution Accepting the Certificate
of the County Canvassing Board
C. Report of Occupational License Taxes
Collected During Month of October,
1989 - $36,875.23
(Memorandum dated 11/13/89)
D. Agreement Between IRC and Augustus
Tartanis for Temporary Water Service
(Memorandum dated 11/3/89)
E. Robert F. Wilson, Inc. Request for
Site Plan Approval Extension for
Phase III Expansion of the Indian
.River County Jail
(Memorandum dated -11/7/89).
F. Cancellation of December 26 Meeting
(Memorandum dated 11/15/89)
G. Library System Automation Contract
CLSI
(Memorandum dated 11/14/89)
BOOK
r:w.l
NOV 21t ;9
5. CONSENT AGENDA - CONTINUED
We request Sheriff to pay H
for radios out of his con-
fiscated fund; if not, pur-
chase out of this years
contingency fund.
Approved.
Approved.
Approved.
'9:05 AM
BOOK 8 PAGE 3
Budget Amendment 010 - Purchase Radar
Units for Florida Highway Patrol
(Memorandum dated 11/15/89)
I. Report on Voucher for Payment of
Annual Contributions - Housing
Assistance Payments Program
(Memorandum dated 11/14/89)
Release of County Utility Liens
(Memorandum dated 11/15/89)
K. Authority to Advertise Ordinance
Creating Roseland Road Street
Lighting MSTU
(Memorandum dated 11/15/89)
6. CLERK TO THE BOARD
J.
none
7. A. PUBLIC HEARINGS
Accept staff's rec. &
authorize staff to work w/
Central Assembly of God
regarding the amount of
shrubbery.
Presentation made.
E Phase I approved.
8.
;rasa:'
3 Chairman Wheeler
appointed.
Continuation of Central Assembly of
God's Request for Special Exception
Approval for a 320' Radio Transmission
Tower
(Memorandum dated 11/13/89)
B. PUBLIC DISCUSSION ITEMS
Presentation of Treasure Shores
Master Plan
(Memorandum dated 11/13/89)
COUNTY ADMINISTRATOR'S MATTERS
Construction Management Committee
9. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
none
B. EMERGENCY MANAGEMENT
none
C. GENERAL SERVICES
none
D. LEISURE SERVICES
none
E. OFFICE OF MANAGEMENT AND BUDGET
none
• :•F. PERSONNEL
i none
Park
Approved.
Approved.
•
Approved.
Approved.
G. PUBLIC WORKS
1) SWIM Demonstration Project at
Dale Wimbrow Park
(Memorandum dated 11/13/89)
2) Request for Release of Retention
for Road & Bridge Complex
Construction
(Memorandum dated 11/7/89)
3) Indian River. Boulevard Phase IV
Amendment to Engineering Service
Agreement to Include Right-of-way
Maps for 41st Street, 45th Street
& 53rd Street - Supplemental Work
Order No. 2 Agreement
(Memorandum dated 11/13/89)
H.
UTILITIES
none
10. COUNTY ATTORNEY
11.
Res. 89-144 and
Res. 89-145 adopted.
•
•Ad Hoc Comm. on
.safety regulations
presented.
water
Authorized Attorney to
work out details.
Requested ail
attend.
- 12. SPECIAL DISTRICTS
Approved as
amended. A.•Approval of Minutes of 11/14/89 Meeting
No additional Eng. •B. Closure of Segment I, Additional
service. Go with add4. Engineering & Testing Services
soil testing to upper limits (Memorandum dated 11/13/89)
of 10,9014 but no additional
inspections.
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
BE BASED.
Wildfield Properties of Florida, Inc.,
Return of Cash Paid in Lieu of Beach
Access Easement
(Memorandum dated 11/15/89)
COMMISSIONERS ITEMS
A,. CHAIRMAN GARY C. WHEELER
• Request from Florida League of Cities,
Inc. for County to Adopt Resolution
Supporting the Tenth Amendment to the
U.S. Constitution & Amendment #3 limited unfunded
(Memorandum dated 10/31/89) mandates.
B. Report on MANWAC dated 11/20/89
B. VICE CHAIRMAN CAROLYN K. EGGERT
C. COMMISSIONER RICHARD N. BIRD
2. Bike Path Comm. - flat assessment.
D. COMMISSIONER MARGARET C. BOWMAN
to Stand up for the I.R. Lagoon rrlday, Nov. 24th at
10:00 a.m. at Wabasso Bridge or Merrill Barber Bridge
E. COMMISSIONER DON C. SCURLOCK, JR.
SOLID WASTE DISPOSAL DISTRICT
I UoK •
NOV 21 1989
FJE
IOW
Tuesday, November 21, 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,
November 21, 1989, at 9:05 o'clock A.M. Present were Gary C.
Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N.
Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present
were James E. Chandler, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Joseph Baird, OMB
Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Pastor Buddy Tipton of Central Assembly of God gave the
invocation, and Administrator Chandler 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 report from Administrator Chandler re construction projects,
and a report on the Marine Advisory Narrows Watershed Action
Committee.
Commissioner Bird requested the addition of a Bike Path
Committee report.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
CONSENT AGENDA
Commissioner Scurlock requested that Items G and H be
removed for discussion.
NOV 21 198g
BOOK 78 F,1 E 40
Pr-
NOV 21`989
BOOK 10 FACE 402
A. Approval of Minutes
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of October 24,
1989. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Minutes of the Regular Meeting of 10/24/89, as
written.
B. Resolution Accepting the Certificate of the County Canvassing
Board
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 89-143, accepting the Certificate of the
County Canvassing Board.
2
RESOLUTION NO. 89- 143
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING THE CERTIFICATE OF
THE COUNTY CANVASSING BOARD.
WHEREAS, on November 7, 1989, the County held a bond
referendum of the qualified electors residing in the county
on the question of whether or not Indian River County should
issue general obligation bonds or notes of the County in an
aggregate principal amount not to exceed $2,900,000 to
finance the cost of the purchase of the McKee Jungle Gardens
and certain nearby wetlands in the county; and
WHEREAS, after the ballots were counted, the results
were certified by the County Canvassing Board, which
consisted of. County Judge James B. Balsiger, Board of County
Commissioners Chairman Gary C. Wheeler, and Supervisor of
Elections Ann Robinson, and the Certificate, which shows
that the referendum did not pass, was turned over to the
Board of County Commissioners,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Board hereby officially acknowledges receipt of the
Certificate of the. County Canvassing Board in connection
with the above referendum.
The resolution was moved for adoption by Commissioner
Scurlock and the motion was seconded by Commissioner
, and, upon being put to a vote, the vote
Eggert
was as follows:
Chairman Gary C. Wheeler Aye
Vice -Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, JrAye
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 21st day of November, 1989.
Attest
Attachment: Certificate
NOV 211989
3
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Ga yi C. Whee I er
Chgirman
BOOK 78 F';,U. 40:3
1!OV 21 '08B
CERTIFICATE OF COUNTY CANVASSING BOARD
INDIAN RIVER COUNTY, FLORIDA
800K
We, the undersigned, JAMES B. BALSIGER , County Judge,
F.,;;E 404
ANN ROBINSON, Supervisor of Elections, and GARY C. WHEELER,
Chairman of the Board of County Commissioners, constituting
the Board of County Canvassers in and for said County, do
hereby certify that we met in the office of the Supervisor
of Elections on the 7th day of November, A.D., 1989, and
proceeded to publicly canvass the votes given the issue
herein specified at the Special Bond Referendum held on the
7th day of November, A.D., 1989, as shown by the returns on
file in the Office of the Clerk and Supervisor of Elections
respectively. We do hereby certify from said returns as
follows:
FOR REFERENDUM, PURCHASE OF MCKEE JUNGLE GARDENS, THE
WHOLE NUMBER OF VOTES CAST WAS
FO R
12,367OF WHICH NUMBER
received 5,586 VOTES
AGAINST received 6,781 VOTES.
4
CO NTY JUDGE
CHAIR N, BOARD OF COUNTY COMMISSIONERS
.. ,
:1r,"
SUPERVISOR OF ELECTIONS,.
rn
C. Report of Occupational License Taxes
MEMORANDUM
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: November 13, 1989
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $36,875.23 was collected in occupational license
taxes during the month of October, representing the issuance
of 1,468 licenses.
Gene E. Morris, Tax Collector
GEM:sg
D. Agreement Between IRC and Augustus Tartanis for Temporary
Water Service
The Board reviewed the following memo dated 11/3/89:
DATE: NOVEMBER 3, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL`/ SERVICES
SUBJECT:
AGREEMENT
INDIAN RIVER COUNTY AND AUGUSTUS TARTANIS
TEMPORARY WATER SERVICE
PREPARED AND STAFFED BY: SCOTT C. DOSCHER SG,�
PRIVATE PROJECTS ENGINEER
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
Mr. Tartanis has requested that a temporary service be installed
from the water line on 58th Avenue to service his property at 5780
36th Place, Vero Beach, FL 32960, prior to the installation of a
water main on 36th Place.
\l DV 21 1989
5
Fauc405
NOV 21 -e9B9
BOOK 78 F.GE 406
ANALYSIS
The Agreement states that the Indian River CountyDepaerrtreite to
of
Utility Services (IRCDUS) shall provide a temporary wa
Mr. Tartanis until such time that a water line is constructedaclfeon
36th Place by assessment. Mr. Tartanis agrees to pay
required
aeeato make ssessmentthis and tonnection. He reconnect to this her waterrlinerees to as participateequire
iin theby
IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Mr.
Tartanis on the Consent Agenda.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
an agreement with Mr. Tartanis for temporary water
service.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD???
E. Robert F. Wilson Request for Extension of Site Plan Approval
- Phase III of County Jail
The Board reviewed the following memo dated 11/7/89:
TO: James E. Chandler
County Administrator
DIVISII%ON HEAD CONCURRENCE:
Robert M. Keating, AI
Community Development LDirector
THROUGH: Stan Boling, AICP
Chief, Current Development
FROM: Cheryl A. Twore
Staff Planner
DATE: November 7, 1989
SUBJECT: ROBERT F. WILSON, INC.'S REQUEST FOR SITE PLAN APPROVAL
EXTENSION FOR PHASE III EXPANSION OF THE INDIAN RIVER
COUNTY JAIL
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 21, 1989.
6
DESCRIPTION AND CONDITIONS:
On November 17, 1988, the Planning and Zoning Commission approved
a major site plan application submitted by Carter and Associates,
on behalf of Indian River County. Approval was given to construct
a 39,900 square foot Phase III expansion of the Indian River
County Jail located at 4055 45th Street. A delay in commencement
of the project has come about due to the recent negotiations for
awarding a contract for the project. If no construction has begun
by November 17, 1989, the site plan approval will lapse unless
otherwise extended by the Board of County Commissioners. Pursuant
to County regulations, since the written request was received by
staff on November 2, 1989, before the expiration date, the Board
can extend the site plan approval termination date as requested.
No regulations have changed since the time of site plan approval,
which will affect the design of, or conditions attached to, this
site plan. Pursuant to the provisions of Section 23.2(G)(2),
Appendix A. of the Zoning code, Robert F. Wilson, Inc. is request-
ing a full one (1) year extension of the approved site plan. It
has been the policy of the Board to grant extensions to projects
which conform to current codes.
RECOMMENDATION:
Staff recommends approval of Robert F. Wilson, Inc.'s request for
a one (1) year extension of the approved site plan; the new
expiration date to be November 17, 1990.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously granted a
one-year extension of the -approved site plan; the new
expiration date to be November 17, 1990, as
recommended by staff.
F. Cancellation of December 26, 1989 Commission Meeting
The Board reviewed the following memo dated 11/15/89:
NOV 211089
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Gary C. Wheeler
Chairman
DATE: November 15, 1989
REF.: November 21, 1989 Agenda
Consideration be given to cancelling the
December 26th, 1989 meeting.
1 f DC7 ' LA/ We--'
7
BOOK G re/v
8 F'AGE 407
,A Oil 21 `tlJci
BOOK 78 Fr� .JE4OS
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously cancelled
the Board of County Commissioners meeting scheduled
for December 26, 1989.
G. Library System Automation Contract
The Board reviewed the following memo dated 11/14/89:
DATE: NOVEMBER 14, 1989
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: LIBRARY SYSTEM AUTOMATION CONTRACT - CLSI
BACKGROUND:
On July 11, 1989, the Board of County Commissioners authorized staff
to negotiate a contract with CLSI for equipment and software to
automate the Indian River County Library System at a estimated cost
of $243,315.
The proposed contract with CLSI was reviewed by staff in an effort to
eliminate potential problems and to obtain the best possible price.
ANALYSIS:
`A contract has been negotiated that staff feels is in the best
interest of the County with a price of $250,882. This includes a
Uninterruptible Power Supply (UPS) at a cost of $7,567 which was not
included in the original proposal.
The contract has been reviewed by staff, including the Budget
Officer, Attorney, and County Administrator.
FUNDING:
Budgeted funds for this project is $300,000.
RECOMMENDATIONS:
Based on the above, staff recommends approval of the contract as
submitted, and request authorization for the Board Chairman to
execute appropriate documents.
Commissioner Scurlock advised that he would vote for this,
but wanted some discussion so that we get it on the record. He
had wanted some assurance that we won't be faced with another
situation like the North County Library where the bid came in too
high, and we were forced to reduce square footage. He would
rather cut other items first such as computers or furniture, and
Commissioner Eggert and staff have given the assurance that the
bids look like they will come in reasonably, and that we won't be
faced with reducing square footage.
Administrator Chandler noted that our main library bids came
in last week, and we are about $100,000-$120,000 below budget on
the construction aspect. Looking at where we are with both the
main and north county libraries, we feel comfortable with
recommending that the contract be awarded to CLSI, Inc.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the contract with CLSI, Inc. at the negotiated price
of $250,882, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
H. Budget Amendment 010 - Purchase Radar Units for Florida
Highway Patrol
The Board reviewed the following memo dated 11/14/89:
TO:
DATE:
Members of the Board
of County Commissioners
November 15, 1989
SUBJECT: BUDGET AMENDMENT 010 -
PURCHASE RADAR UNITS FOR
FLORIDA HIGHWAY PATROL
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
Byron Sickman, on behalf of
financial assistance from
NOV 21 1989
the Florida Highway Patrol, is requesting
the Board of County Commissioners to
9
BOOK. i
NOV 21 ' 8Y
BOOK ill [,,,k4
'1 j
purchase four (4) radar units at a total cost not to exceed
$13,234.00. These four radar units are to replace the existing radar
units that the Indian River County Board of County Commissioners
purchased in January 1983 which the warranty is due to expire. Once,
the radar units warranty expires, there is a minimum charge of $75.00
to $150.00 (excluding parts, etc.) for any maintenance that needs to
,be done on the unit not to mention the potential of older units
breaking more frequently and being out of service.
The Board of County Commissioners will have to authorize a budget
amendment from the General Fund Contingencies in the amount of
$13,234.00.
Commissioner Scurlock had a little bit of a problem with the
timing of this request as he did not like to see budget
amendments so early in the fiscal year. Secondly, he was getting
tired of the State not funding the Florida Highway Patrol
properly, and he didn't like to see the Highway Patrol having to
come in here to beg the Commission to buy something as basic as
radar units. He didn't think it was right, and suggested that
the Board authorize the Chairman to write to the appropriate
authorities to request that adequate funding be given to the
Highway Patrol. However, he realized that these radar units do
produce revenues which benefit this county. and with that in
mind, he could vote to approve a budget amendment this early in
the fiscal year.
Commissioner Bowman asked if these radar units would be used
only on 1-95, and Chairman Wheeler explained that they are used
throughout the county on major thoroughfares, side streets, or
wherever they happen to be. They are happy to write a ticket
anywhere.
State Trooper Byron Sickman explained that this is the third
time he has been honored to come before this Commission with a
request for radar units. The initial cost is approximately
$3,000 per unit plus $723 for a 5 -year warranty on the 4 units
for a total outlay of is $13,234. Communications of Vero Beach
has donated approximately $300 a year to certify these units
every 6 months as required by law.
10
Trooper Sickman recalled that back when the original radar
units were approved, there was a written agreement that stated
that the radar units would not be used outside of Indian River
County other than if a trooper was assigned to another county
because of a lack of manpower. He estimated that a single radar
unit produces approximately $60,000 a year in fines. Multiply
that by 4 units, and it comes to $240,000, almost all of which
goes into the County's general revenue funds.
Chairman Wheeler noted that the older units are out of
warranty, and asked if they are working properly at the present
time.
Trooper Sickman reported that one unit needed to be
repaired, and one has to go down. The repair cost is $75-$I00
per unit, and it costs $300 to renew or revitalize a unit but
that only carries a 90 -day warranty.
Commissioner Eggert asked if there is a possibility of
paying for these radar units out of the Sheriff's confiscation
fund, and Attorney Vitunac explained that it is a possibility if
the Sheriff requests that the money be spent that way.
Commissioner Scurlock commented that these new radar units
get you coming and going.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bird, that the Board approve Budget
Amendment 010 in the amount of $13,234 to purchase
four radar units for the State Highway Patrol.
Under discussion, Chairman Wheeler stated that he would be
supportive of the purchase of these units if there was a way to
fund them without going into contingencies. He didn't see this
as being an emergency, and felt we could go with the older units
until next year.
Commissioner Scurlock asked if the revenue side could be
adjusted, but OMB Director Joe Baird expected the revenue stream
NOV 21i9J
BOO F' E 411
'NOV 21 :98E
BOOK 10 PAGE LI14,
to be about the same and would be reluctant to adjust it higher.
He explained that when the Highway Patrol writes a ticket in the
jurisdiction of Vero Beach, the City gets the money. When the
ticket is written in the unincorporated part of the county, the
County gets the money.
Chairman Wheeler stated that he would be supportive of a
Motion to purchase the radar units out of next year's budget. He
was very reluctant to dip back into contingencies for everything,
and it seems to be almost a weekly occurrence.
COMMISSIONER SCURLOCK AMENDED HIS MOTION to first ask
the Sheriff to consider purchasing the radar units out
of the confiscation fund, and if he chooses not to do
that, the County will fund the units out of this year's
contingencies. COMMISSIONER BIRD renewed his SECOND
to the Motion.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed by a vote of 4-1, Chairman Wheeler dissenting.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER:
010
DATE: November 15. 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
General Fund/Sheriff Dept.
Other Machinery & Equipment
001-600-586-066.49
$13,234.00
$ 0
EXPENSE
Reserve for Contincrencv
001-199-582-099.91
$ 0
$13.234.00
12
I. Report on Voucher for Payment of Annual Contributions -
Housing Assistance Payments Programs
The Board reviewed the following memo dated 11/14/89:
4
TO: The Honorable Members of the DATE: Nov. 14, 1989
Board of County Commissioners
FILE:
SUBJECT: Report on Voucher for Payment of
Annual Contributions - Housing
Assistance Payments Program
RCM: Finance Department REFERENCES:
The attached HUD Forms 52681 and HUD Form 52595, covering the 1988/89
Fiscal Year, were prepared by the Section 8 Rental Assistance Staff
with the concurrence of the Finance Department.
We respectfully request that the Honorable members of the Board of
County Commissioners authorize the Chairman's signature for submis-
sion to the U.S. Department of Housing and Urban Development.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the submission of the Voucher of Payment for Annual
Contributions for FY -88/89 to the U.S. Department of
Housing and Urban Development, and authorized the
Chairman's signature, as recommended by staff.
COPIES OF BALANCE SHEET AND VOUCHERS OF PAYMENT ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
NOV 21 689
13
ROOK
A
089
J. Release of County Utility Liens
BOOK 18
F' L41
The Board reviewed the following memo dated 11/15/89:
TO: Board of County Commissioners
4L4ftj
FROM: Lea R. Keller, County Attorney's Office
DATE: November 15, 1989
RE: CONSENT AGENDA - BCC MEETING 11/21/89
RELEASE COUNTY UTILITY LIENS
I have prepared the following routine lien -related documents
and request the Board authorize the Chairman to execute
them:
Release of Assessment Lien
GLENDALE LAKES WATER PROJECT
in the name of RALPH EVANS et ux
Release of Assessment Lien
GLENDALE LAKES WATER PROJECT
in the name of KATHRYN FOREMAN
Release of Assessment Lien
Tax I.D. #12-33=39-00005-0000-00014.0
(Rockridge Sewer Project)
in the name of GUILFORD HANKS et ux
Release of Assessment Lien
State Road 60 Water Project
Lot 40, Unit 6 of OLD SUGAR MILL
in the name of SEXTON ESTATE
Satisfaction of Impact Fee Extension Lien
Lot 3, Block 2 of SMITH PLAZA SUBD.
in the name of FREDDIE LEE WOOLFORK
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the documents as listed above.
RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
14
K. Authorization to Advertise Ordinance Creating Roseland Road
Street Lighting MSTU
The Board reviewed the following memo dated 11/15/89:
TO: The Board of County Commissioners
FROM: u)%William G. Collins 11 - Assistant County Attorney
DATE: November 15, 1989
SUBJECT: Authority to Advertise Ordinance Creating Roseland
Road Street Lighting MSTU
Public Works has requested a hearing be advertised to adopt
an ordinance establishing a Roseland Road area MSTU for
street lighting.
Any MSTU cannot be placed on the tax rolls unless in place
before January 1. Because the lead time required for
advertisements for public hearing for ordinance adoption
runs us close to the January 1 tax roll deadline, we request
authority to advertise for public hearing on December 12,
1989.
The proposal involves 19 street lights from 126th Street to
Indian River Drive. The proposed ordinance is attached.
RECOMMENDATION
Authorize the advertisement of ordinance for a public
hearing on December 12, 1989.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously authorized
the advertisement of a public hearing on December 12,
1989 on an ordinance creating Roseland Road Street
Lighting MSTU.
PUBLIC HEARING - CONTINUATION OF REQUEST BY CENTRAL ASSEMBLY OF
GOD FOR SPECIAL EXCEPTION APPROVAL FOR RADIO TRANSMISSION TOWER
The hour of 9:05 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to
wit:
NOV 21 g8(2
15
F{�E 41
Pr -
N OV '21
989
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority 'personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
jef."011
in the matter of
in the _ - Court. was pub-
lished in said newspaper in the issues of
•
• Affiant further says that the said Vero -Beach Press -Journal is a newspaper published at
Vero Beach, in sajd 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.
Sworrt to and subscribed before me this 3e ,Gay of
/:r
\(SEAL)
AD 19 f9
.'r/ 11/
.y .. o "2
(Business'IVtanagijj7 t .
Nt $uiy Yubiic, blot : of riatieo
ifttOosteeibmica aspires June 2D, 1993
BOOK 78 F'j.,,E 416
ter_;,->.�•/.:. '. At
• —• ,NOI10E OF PUBLIC HEARING; .-
Notice of hearing to consider the granting of.;'
rsPecial exception Tower.The ao Radio 'Trans!-
owned by Central Assembly of God; 6767
...Street- - .,-..-4e14,, ,.
`- .The subject. property' Is _ytng south,,of `20th..
:Street and approx>mwe
ately.;650 feet st of 66th';
Avenue. The.aibJect property contains awned-.
a mately38.50 acres and is,iyingg In Tract 9 of Sec -
ion 8, Township 33. S.1Range39 E.te_*s',.. •
A publlc'hearieg at which :parries In .
end.cltizens shall Iyo n
ravnnheld the a"rodppoo�nity_to be, willt
is t si�oners of Indian River County. rloridCoune in Step;
County Commission Chambers: of the Counttyy
•.Administration :Buildinglocated at 1840 25th .
Street. Vero Beach, Florida on Tuesday. Novem.
bar 21.1989at905a-m. w'.• :,'• ;.--:��+: ��...;:.
Anyone.who may wish To appeal any diNdon
which may be made at this meeting'it need to
ensure thatit verbaVm record of the proceed,'
rings is made: which includes testimony and evi-
dence upon which thea l based:'.; r~
INDIAN RIVER COUNTY/- ••
BOARD OF COUNTY COMMISSIONERS
BY-s•GARY WHEELM, CHAIRMAN .. '
30.1989 c, -4yC* : .: 624335.
The Board reviewed the following memo dated 10/13189:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
".)
o•ert M. Kea ng
Community Develo
en
irector
THROUGH: Stan Boling,44CP
Chief, Current Development
FROM: John W. McCoy e<ili�
Staff Planner, urreht Development
DATE: October 13, 1989
SUBJECT: CENTRAL ASSEMBLY OF GOD'S REQUEST FOR SPECIAL EXCEPTION
APPROVAL FOR A 320' RADIO TRANSMISSION TOWER
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 24, 1989.
16
DESCRIPTION AND CONDITIONS:
Mosby and Associates has submitted an application for minor site
plan and special exception approval on behalf of Central Assembly
of God for a 320' radio tower to be located at 6767 S.R. 60. The
subject parcel is zoned A-1 and will require special exception
approval to construct a radio tower.
The 320' tower will serve as an FM broadcasting facility. The
applicant has already secured the required FCC and FAA permits,
and is in the process of securing a required Florida Department of
Transportation permit or letter of exemption.
Special exception uses are those types of uses that would not
generally be appropriate throughout a particular zoning district.
However, when special exception uses are carefully controlled as
to number, area, location, and/or relationship to the vicinity,
such uses would not adversely impact the public health, safety,
comfort, good order, appearance, convenience, morals and general
welfare and as such would be. compatible with permitted uses within
the particular zoning district. In granting any special excep-
tion, the Board may prescribe appropriate special conditions and
safeguards to assure the use is compatible with surrounding uses
in the district.
At its September 14, 1989 meeting,the Planning and Zoning Commis-
sion recommended 4 to 3 that the Board of County Commissioners
deny the special exception request.- The Planning and Zoning
Commission concluded after much discussion that the proposed
tower's location was not appropriate in a developing area with
existing and plan -designated residential uses (see attachment #4).
At the Planning and Zoning Commission meeting,the issue of Federal
Aviation Administration (FAA) permitting irregularities came up.
It appears as though the City of Vero Beach airport officials did
not receive the standard FAA comment sheet, even though an FAA
permit was issued. Since the Planning and Zoning Commission
meeting at which the tower request was considered, the City of
Vero Beach airport officials have been in contact with the Federal
Aviation Administration and have reviewed this tower application.
Subsequently, the City of Vero Beach airport officials have issued
a letter of no objection to construction of the proposed tower.
(see attachment #5).
After 'reviewing the subject request, the Planning and Zoning
Commission determined that the special exception criterion K (see
report item 12K) is not satisfied by the request, and concluded
that the tower would have an adverse aesthetic impact on
surrounding existing and future residential uses in the subject
area.
In the staff's analysis, proximity to existing subdivisions was
given consideration in relation to safety and appearance. The
proposed tower would be well set back from the Central Assembly
property boundaries and would not appear to pose a health or
safety threat to adjacent properties or residences. Also, staff
notes that although towers do not have an aesthetically pleasing
appearance, the existing WAXE and WGYL radio towers located in the
South County do not appear to have adversely affected area growth
and residential development.
ANALYSIS:
1. Size of Development Area: 38.5 acres
2. Zoning Classification: A-1
3. Land Use Designation: RR -1, (Rural Residential)
4. Building Area: 144 square feet
17
NOV 2'1d99
BOOK. 78 F‘4,[.111.7
An 21 1989
5. Total Impervious Area: 144 square feet
6. Open Space Required: 50%
Provided: 95.6%
600K. 78 ME. 418
7. Traffic Circulation: The tower site will be accessed through
the existing parking lot for the Central Assembly of God
Church.
8. Off -Street Parking Required: one space
Provided: one space
9. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department.
10. Landscape Plan: The landscape plan is in conformance with
Ordinance #84-47.
11. Utilities: This project will require no sanitary services.
12. Special Exception Criteria:
a. A11 towers shall have setbacks from all property lines
equal to one hundred ten (110) per cent of the height of
the proposed structure, or a designated fall radius must
be depicted on the site plan and certified by a P.E.
b. A certified, signed and sealed statement from a Florida
Registered Professional Engineer must state that the
tower would collapse within the designed and specified
fall radius depicted on the plans.
c. In no case shall the fall radius (110% of height or
other approved design fall radius) encroach upon exist-
ing off-site structures or residentially zoned property.
d. The distance of any guy anchorage or similar device
shall be at least ten (10) feet from any property line.
e. Suitable protective anti -climb }fencing and a landscape
planting screening shall be provided and maintained
around the structure and accessory attachments. Where
the first 50' of a tower is visible to the public, the
applicant shall provide one canopy tree (oak, pine,
etc.) per 3,000 square feet of the designated fall
radius.
f. A11 accessory structures shall be subject to the height
restrictions provided in Section 25(a), height ex-
ceptions.
g•
If more than two hundred twenty (220) voltage is neces-
sary for the operation of the facility and is present in
a ground grid or in the tower, signs located every
twenty (20) feet and attached to the fence or wall shall
display in large bold letters the following: "HIGH
VOLTAGE - DANGER."
h. No equipment, mobile or immobile, which is not used in
direct support of the transmission or relay facility
shall be stored or parked on the site unless repairs to
the facility are being made. (Applies only on A-1 zoned
property.)
i. No tower shall be permitted to encroach into or through
any established public or private airport approach plan
as provided in the airport height limitations of Section
25(p).
j
All towers shall submit a conceptual tower lighting
plan. Louvers or shields may be required as necessary
to keep light from shining down on surrounding prop-
erties. Strobe lights must be used unless prohibited by
other agencies.
18
k. The reviewing body shall consider the impact of the
proposed tower on residential subdivisions near the
project site.
1. All property owners within 600' of the property boundary
shall receive written notice.
All of these criteria have been satisfied with the exception of
portions of criterion j.
With respect to criterion j, one issue still exists. This
involves a conflict between the proposed lighting plan and
the lighting plan detailed in the engineer's response letter.
According to the proposed conceptual lighting plan, lights at
the top and midpoint of the tower are to be red filtered
beacons. These lights are not permitted under local code
unless other agencies prohibit the use of strobe lights. For
that reason the applicant will need to furnish the County
with a letter from the applicable agency(s) stating that
strobe lights are prohibited.
However, the applicant's engineer has more recently stated
that the lighting plan has been revised and that a single
conical strobe light is now proposed at the top of the tower.
The strobe will have a greater intensity during the daylight
hours and can be turned down at night. Staff is encouraging
the applicant to use this method and is verifying that the
strobe lighting will be used and will be shielded from
shining directly toward the ground.
13. Surrounding Land Use and Zoning:
North:
South:
East:
West:
RM-4/Vista Plantation
A-1/Vacant
A-1/Vacant
A-1/Vacant
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board
of County Commissioners approve this application with the con-
dition that:
.1. prior to site plan release, the lighting plan shall use
strobe lighting appropriately shielded from shining directly
toward the ground unless a letter from the applicable
agencies are issued which prohibit strobe lighting
altogether.
ATTACHMENTS:
1. Application
2. Location Map
3. Site Plan
4. Planning and Zoning Commission minutes
5. Airport letter
iOV211989
19
BOOK 7 8 F':[ I9
BOOK 1610 PAGE 42u
NOV 211 Ed9
Stan Boling, Chief of Current Development, explained that
the Planning & Zoning Commission voted 4-3 to recommend denial of
this special exception request after concluding that the proposed
tower's location was not appropriate in a developing area with
existing and planned designated residential uses. The public
hearing on this request for special exception approval originally
was scheduled for the October 24th meeting and was continued at
the request of the applicant for consideration by a full Board of
County Commissioners. The determination to be made today is
whether this tower is appropriate and compatible, and there are
12 criteria in the ordinance that was adopted approximately 3
months ago to serve as guidelines in determining the
appropriateness and the compatibility of this use. The two
criteria that were discussed the most are the impact on aviation
and the compatibility with the surrounding area. One criterion
states that the reviewing body shall consider the impact of the
proposed tower on the residential subdivision near the project
site. The Planning & Zoning Commissioner found this to be
lacking in that area. In considering the impact on development
in existing neighborhoods, staff looked at the situation we have
in the south county with the 420 -ft. tower, and feels that this
particular site is sufficiently removed from existing residences.
Staff feels that the main concern should be the impact it would
have on the property to the south as it develops. It is staff's
recommendation that the Board approve this request with a change
in the wording of the condition as set out in the above staff
recommendation. The condition, as it reads now, states: "Prior
to site plan release, the lighting plan shall use strobe lighting
appropriately shielded from shining directly toward the ground
unless a letter from the applicable agencies are issued which
prohibit strobe lighting altogether." Staff is recommending that
the wording of the condition end with "directly toward the
ground," and that the balance of that sentence be deleted, since
20
it is our understanding now that a single conical strobe light
has been approved for use on this tower site.
Commissioner Scurlock understood that in the new Comp Plan
that will be adopted sometime in January, 1990, these kind of
towers will be allowed only in agriculturally -zoned land, and
Planner Boling advised that the present Comp Plan allows these
kinds of towers in agricultural or industrial zones as a special
exception.
Commissioner Scurlock was concerned about the proliferation
of these towers in the county in the future, because what happens
if every church or entity came in and wanted to build a tower.
He felt the best plan for the future is to identify some areas in
the county where towers would be acceptable and then encourage
those towers to be built there so that a number of facilities
around the county could use them also. If this tower is to be
allowed, he felt we should identify certain areas and plan for
the future so people can conduct their business. Commissioner
Scurlock advised that he talked to Reverend Tipton about putting
a time limitation on this tower operation, because while this
church has a lot of acreage, it is a growing church, and they
probably will be looking to use that tower property for building
classrooms or other facilities in the future. He believed it
would be a common purpose for us to look to the future and
identify areas where towers would be acceptable.
Chairman Wheeler asked if the FCC has any limitations on the
number of towers in the area, and Mr. Boling advised that there
are many, many regulations with which an applicant must comply,
but the time limit is something that could be attached to this
approval.
Commissioner Bowman asked if the church would be able to
lease space on their tower, and Mr. Boling explained that they
NOV 21 x9;9
21
POCK
Fal
7
F,kGF421
NOV 21
BOOK 78
PAGE 4-.,,
could lease out space for cellular telephones, but it is very
difficult for two frequencies to be used.
Commissioner Scurlock had another problem in that whenever
residential zoning is discussed, there seems to be a big
differentiation between single-family and multi -family
residential. He felt that the two categories should be given the
same consideration because it is a residential use, and it
bothers him during some of these discussions when it is said that
such and such is okay for multi -family residential, but not for
single-family residential.
Commissioner Eggert asked how much property is taken up just
for use of the tower, and Mr. Boling pointed out the full radius
projected by the tower.
Commissioner Scurlock asked if there would be an ability for
this Commission to allow the tower to be constructed, but with a
time limitation that said within 5 years the applicant would come
back in and reassert his right to continue to operate or consider
the possibility of relocating.
Attorney Vitunac didn't feel the Commission could limit them
to a timeframe to take the tower down. The Board has to decide,
under today's law and today's condition, whether it is a legal
use according to our ordinances. He advised that since we know
according to the Comp Plan that the surrounding three sides will
develop residentially, the Board can condition their approval now
on a time element which says that the shielding from lights or
some other specific aspect is wrong with that tower. The Board
now can protect future residential people with a specified
condition.
Commissioner Scurlock didn't know of any reason, except for
the possible expansion of the airport.
Chairman Wheeler advised that the airport currently is
expanding one runway, and the FAA has indicated that there will
not be any effect as far as lowering the minimums on the
22
approaches, other than the DF Steer approach for IFR, which is
seldomly used.
Commissioner Bowman had a problem with criterion 12(e) where
it mentions planting and screening. She felt that we should be
more specific, as she would like to see the tower completely
surrounded by trees and the blockhouse screened with shrubbery.
Mr. Boling estimated that would take approximately 50 trees,
and Commissioner Bowman wanted the blockhouse screened from 66th
Avenue as well.
Commissioner Scurlock wanted to address the concerns from
residents in the area that the lights from the tower will shine
into their windows, but Mr. Boling explained that from a distance
there is no intensity of light from strobe lights. It is just
something that catches your eye of being there. He advised that
the applicant's engineer is here today to answer any questions
regarding the strobe lighting.
There being no other questions of staff, the Chairman opened
the Public Hearing and asked if anyone wished to be heard in this
matter, reminding those in the packed chambers to be polite and
respect the rights of others to be heard. He asked those who
wished to speak to come forward in turn and give their names and
addresses for the record.
Attorney Bruce Barkett, representing Central Assembly of
God, emphasized that all of the 12 criteria for approval of this
special exception have been satisfied in the opinion of the
County's Planning staff. Pointing to some demographics of the
site, he noted that the tower would be located more than 1,000
ft. from the nearest roads, which are SR -60 and 66th Avenue, and
that the nearest dwelling is over 1100 feet away. The applicant
has recei-ved a tall tower permit from the FDOT; the FCC has
issued a construction and broadcast permit; the FAA has issued a
determination of no air hazard; and the Vero Beach Airport has
issued a letter of no objection. Referring to a chart of the
NOV 211889
23
NOF FA[,E
Pr-
Pr-NOV2�
BOOK 78 Du 4 4
area, Attorney Barkett pointed out the properties where the
owners have given letters of approval for this use. Those
property owners include Intercoastal Group, Peter Robinson of
Laurel Homes, Glenn Smith, and another neighbor, Mr. Bradley has
said that he has no objection. One neighbor, Mr. Barker, does
object to the tower because of its nearness to his home and the
intensity of the lights.
Attorney Barkett next explained that the cost of
constructing the tower is approximately $25,000; the $100,000
cost figure includes the engineering fees, permitting, etc., but
if the tower were to be moved, all that would have to be done
again.
Attorney Barkett wished to address the two concerns that
were discussed the most at the P & Z meeting. The first concern
was the possible interference to cable television from the radio
tower, and Florida Cablevision put that concern
submitted the following letter:
to rest when they
September 13. 1989
To Whom It May Concern:
940 12th Street
P.O. Box 2530
Vero Beach, FL 32961
567-3444
1917 Orange Avenue
P.O. Box 1778
Fort Pierce, FL 34954
461-5311
Mr. Judin, who identified himself as a subscriber to Florida Cablevision
and a resident of Vista Plantation, talked to me on the phone a few days
ago. He stated that a proposed radio station tower was to be built in the
general area and he wanted to know if it would cause any interference to
TV reception in his .area.
t
I do not represent:myself as an expert in the area of radio frequency
interference to consumer devices. However, I do have experience in operating
cable distribution plant in the vicinity of radio stations that transmit
up to 100,000 watts of power. I have also had contact with cable TV sub-
scribers in the area of such radio stations.
Cable television distribution plant occasionally develops defective mechan-
ical connections which allow very high ambient signals from a powerful
FM radio station to:enter the cable and cause interference to area subscribers.
Since cable TV systems are supposed to be• a shielded medium, it becomes
24
the cablevision company's responsibility to find and correct such deficient
mechanical connection. I want to clarify that this situation is not a
technical problem c,used by the radio station, but is actually a shielding
defect of the cable plant. I have no objection at all to the proposed
radio station sinceLI am sure that we can easily solve any such deficiency
that might exist in;the cable plant.
Any consumer devicithin the area of a powerful 50,000 or 100,000 watt
radio station may show interference if the consumer device has a shielding
. defect. This would not bei;' a c}efgct of the radio station -itself., but of
• the consuirier' devices:' . Nany,..corisumei dev ges"being • manufactured today -do'
- • not have suf f iciet�C : shielding 'to keep out..,powerful signals front nearby
50,000 or 100,000 watt Stations.
The previous information was stated to Hr. Judin at the time of his telephone
call.
I have recently learned that 'the' proposed radio •stationwill broadcast at
• 3,000 watts. In my• opinion, the _probability of. interference to either
the cable plant or' any nearby television device is very slight with this
broadcast power.
incerely,
1 1 '
'; f /
. f;i:.A er, , r,,.!•% :. 1
.Tames A. Coins
Chief Engineer
Attorney Barkett noted that the second concern expressed at
the P & Z meeting is that the strobe lights will shine into the
homes in Vista Plantation. He advised that the manufacturers of
this strobe lighting have faced this fear before, and have placed
a lens on the lighting, which is beveled and cut in such a way
that the main beam projects only in the horizontal at 320 feet
and de -intensifies as you go any degrees off horizontal. At 320
feet, the main beam of the tower never reaches the earth because
of the curvature of the earth. The main beam isn't all that
bright at night anyway. It is only 2.007 candle power, which is
intense in that it can be seen, but it is not intense. It is
like a bright star in the sky. As you go any degrees off
horizontal, that intensity is reduced to as little as 4 degrees,
which is as much as you can go. After 4 degrees, it doesn't
shine on the earth at all. From 320 feet, 4 degrees has a radius
around the tower of 4350 feet, and anywhere inside that radius,
you are not looking at the beam of the tower. Attorney Barkett
NOV 2'
1989
25
Poe' 78 F'1GE 4
r
NOV 21 X989
.mcx. 786
F'q,t. 44
advised that Mr. Mosby, the project engineer, and Mr. Cassell,
who is the radio and tower engineer, are here today to answer any
further questions.
In conclusion, Attorney Barkett stated that they are simply
asking to be evaluated on their merits.
Chairman Wheeler asked if any of the agencies wrote anything
negative, and Attorney Barkett said they had not.
Greg Holmes, member of Central Assembly of God, wanted to
look at this from a little different perspective. He emphasized
that this station also will benefit the community by airing
educational programs on family problems, drug and alcohol
problems, etc. They feel there is a need for this type of
programming in this county, and that is what they are trying to
do.
Chairman Wheeler respected what Mr. Holmes had to say, but
felt that approach is somewhat irrelevant to whether the tower is
built for two reasons. One reason is that he felt the radio
station will go on the air whether this tower is built there or
some place else. The second reason is that the question before
the Board today is whether the proposed tower meets the criteria
of the County ordinances for special exception approval for a
radio tower.
Helen Martis, member of Central Assembly of God, wished to
point out that up until two years ago she had lived within 1500
feet of the radio tower in the south county area, and had no
problem with the lights. They did experience a little
interference once, but that was taken care of by the
communications people. There are two other people here today who
also live near the 400 -ft. radio tower in the south county area,
and they can truthfully say that the lights don't bother them.
Michelle Carlson, a senior at Vero Beach High School, w'shed
to see a Christian radio station here because it would help
people of all ages to cope with the problems of today.
26
Will Barker, 6885 20th Street, commented that the church's
west boundary is his boundary to the east and he did not want the
tower in his backyard. He is a life-long, year -around resident
of Indian River County, and is concerned about raising his family
so close to a tower. A friend of his up north had a small plane
crash into his subdivision after hitting a nearby tower. Mr.
Barker also felt that a tower would make the area look like an
industrial park, and wished the Commission would turn it down.
Ray Scent, a neighbor from 71st Court, spoke in favor of the
tower. He felt we can't stand still -- we must progress.
Ed Galvanek of Vista Plantation, noted that there are
approximately 1000 residents in Vista Plantation, many of whom
are registered voters in Indian River County, and contribute
about $500,000 per year in taxes to the county. The residents of
Vista Plantation do not want a tower at this particular location.
With regard to the statement made earlier about the need for
having family programs broadcast in this county, he pointed out
that you don't need a tower of this height to broadcast just
within this county. He believed a CBN antenna would serve that
purpose.
Reverend Ronald Wright, pastor of St. Peter's Missionary
Baptist Church, spoke in behalf of the tower. He believed the
programs that will be broadcast by this Christian radio station
will give hope and meaning to the people in the community.
Walter Gunderson of Vista Plantation noticed that sometimes
during the year, crop dusting planes fly very close to the ground
in that area and he was very concerned that one might get mixed
up with a guy wire. He didn't feel that the proposed height of
320 feet was necessary, unless you want your broadcast to reach
as far as. Texas or farther.
Bill Duryea of Vista Plantation noted that the property is
zoned agricultural at present, and understood that after February
this request could not be entertained.
27
NOV 2 1 '1989
4
427
POGK E';, , r
78
NOV G1X989
BOOK 78 PAGE 428
Assistant County Attorney Will Collins felt it would be
questionable in February, but it is appropriate under the present
Comp Plan. All zoning must be in conformance with the land use
plan, and if you have residential zoning, you are not in
conformance if you put non-residential zoning uses in there after
that time. There may be such a thing as a holding category where
until such time as the property develops, some less intense uses
may be appropriate. However, if the Board made a determination
that this will be residential in the future under the Comp Plan,
the zoning should be consistent with it, and you shouldn't have
zoning uses which you have determined are not compatible with
what your future land use is going to be. The zoning is supposed
to follow the plan. Attorney Collins believed that once a plan
is adopted, the Board should not be approving zoning categories
that are in conflict with your future land use designation.
Commissioner Eggert understood that currently it is alright
with the State to have agricultural zoning in a low -intensity
residential designation.
Commissioner Scurlock felt that is a moot point since what
we have to do is establish what criteria exists today, and
Director Keating confirmed that the present criteria is what must
be considered today.
Mr. Duryea also pointed out that originally this station was
supposed to be non profit, but now we are hearing that it is
going to be renting out space.
Attorney Vitunac explained that none of that is germane, and
if there were a different radio station there, that would be
fine, too. The content is not relevant today; there could be
Christian music or other music broadcast.
John Alexander of Vista Plantation was concerned about
the church's overall plan, and wondered why church went ahead and
spent $100,000 on this tower without the knowledge that they
could put this tower up. He didn't feel this is good business.
28
Commissioner Scurlock explained that the church's ability to
transmit was never in jeopardy. They will be able to transmit
either on this tower or on a tower located somewhere else.
Mr. Alexander didn't understand why the tower had to be so
high, as he was concerned about an airplane hitting it someday.
He urged the Board to deny this tower.
Commissioner Eggert asked if it was possible to broadcast
using a smaller tower, and Charles Cassell, engineer for the
radio station, advised that the FCC wants each frequency used to
the best advantage. The station is at 320 feet and 3000 watts to
cover the maximum number of people in this area.
Commissioner Scurlock understood then that the FCC matches
you up with the frequency and the maximum service area because
they don't want to have duplication of services over those areas.
Ann DiFilippo of Vista Plantation urged the Commission to
deny this request to locate a radio tower so close to a
residential neighborhood.
Bob Tenbus, owner and operator of an aircraft repair station
here in Vero Beach didn't feel the FAA was correct in their
determination of no hazard on this tower. Mr. Tenbus was also
upset that Dick Breen of the Vero Beach Airport issued a letter
of no comment because it does change the landing minimums on the
DF Steer, which is used in emergency situations. He pointed out
that the Aircraft Owners & Pilots Association (AOPA) is the one
group that commented on this proposal, and apparently that was
because they were the only ones who received a copy of it. Mr.
Tenbus raised several technical questions with respect to the
hazards posed by this tower, and urged the Commission to send
this matter back to the FAA for further review before giving
special exception approval.
Chairman Wheeler explained that the AOPA looks out for the
interests of airplane pilots, but being a pilot himself, he
doesn't have a problem with the antenna, and he lives just the
29
10V2
ROOK 78 fd,E.
9
INV 21 �98Y
other side of it. As far as the crop dusters go, they operate in
more hazardous conditions than are presented here in Florida, and
they are aware of towers, guy wires, high tension wires, and tall
tree lines. That is part of their business. Chairman Wheeler
advised that the FAA has also said that the structure would not
increase other existing or planned IFR operations.
Bob Wilson of Vista Plantation understood this tower was
going to be used for commercial purposes, and felt that changes
the zoning of the property.
Paula Kauffman, 6435 20th Street, advised that they live a
half a mile just east of the church property. Her family owns 12
acres of property there, and they are in favor of the tower.
Leon Gainer, pastor of the Good Shepherd Church in Winter
Beach also spoke in favor of the tower. As a pilot, he agreed
with Chairman Wheeler that the tower would not pose any problems
to the flying public.
Hank Tiska of Vista Plantation objected to the tower because
of the hazard it poses to small planes, especially crop dusters.
Tony Matulonis of Vista Plantation pointed out that that if
you listen to WTTB on Sunday mornings, there are a number of
denominations preaching to the area. Whether the children are
listening or not, he did not know, but he doubted it. Being
old-fashioned in the ways of raising children, he felt children
should get their direction from their parents in the home.
Daniel Clark, member of Central Assembly of God, believed
this Christian radio station would be enjoyed by people of all
ages, and would bring many benefits to this community.
Bob Kerr spoke in opposition to the tower on behalf of many
residents in Vista Plantation who disagree that this is a clear
cut issue. He stressed that nothing that has been said here this
morning to change their minds.
Varina Green spoke in favor of the tower. She felt that if
we had to consider every telephone pole and tree out there with
respect to safety and aesthetics, we really would be in a mess.
30
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
Commissioner Scurlock admitted that when this first came up
3 or 4 weeks ago, he was pretty much convinced that we should not
allow this tower, but since that time he has looked at this from
two different aspects. As a pilot, he does not see the danger
there, and as a resident who happens to live behind the church,
he felt it basically comes down to aesthetics. Originally, he
believed the tower was going to took like the one they did in
Lake of the Woods where we made them take it down. He felt that
was an eyesore and should not be allowed. He still had a
concern about looking to the future and trying to make sure that
we limit the number of these types of facilities for various
purposes throughout the county, and put them in the best place.
Further, he has Reverend Tipton's word that they will continue to
look in the future at the reasonableness of relocating, if, in
fact, there is a location available.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, that the Board accept staff's
recommendation for special exception approval of the
tower under Condition #1 as amended.
Under discussion, Commissioner Bird felt it all boils down
to property rights, and he believed that all of us have a right
to use our property to its best use, according to the laws and
ordinances of the areas we live in. The only question seems to
be the adverse effect it might have on surrounding properties and
aesthetics. As far as he was concerned, he did not feel there
would be a negative effect on surrounding properties to the point
that it should be denied.
Commissioner Bowman wanted to add to the Motion that we
specify under the special exception criteria that there will be
NOV 21 198
31
EtooK 78 E { 31
NOV 21 98'9
r-• 81
BOOK FAG,
enough trees planted, and enough shrubbery planted to adequately
screen the blockhouse.
COMMISSIONER SCURLOCK AGREED TO MODIFY HIS MOTION to
allow staff to work with the church to come up with a
proper screening around the blockhouse.
Commissioner Bird recalled a 4th of July program presented
by the Assembly of God Church at the Vero Beach High School
football field last year, which he felt was one of the most
moving things he had ever seen in this county. If, somehow, this
radio station and this tower can be used to spread that kind of
feeling and that kind of message to the people of this county and
the surrounding areas, he believed they will have done a tremen-
dous service for the people of this county.
Commissioner Eggert had looked at a number of similar towers
elsewhere in the state to see what was happening to the residents
in the area around them, and she, too, went from a feeling that
this tower should not be allowed to feeling that it should be
approved if it met the special exception criteria in the
ordinance and if there was not the intensity of light that seemed
to concern so many people. She had talked with a lot of
residents that lived within 5000 feet of towers like this, and
she would support the Motion because of that.
THE CHAIRMAN CALLED FOR THE MOTION. The Motion was
voted on and carried unanimously.
Commissioner Bowman announced that we have an opportunity to
show our support in having the Indian River Lagoon designated as
an Estuary of National Significance and State Land Purchases.
She urged everyone interested in this cause to gather on the
Merrill Barber Bridge or the Wabasso Bridge on November 24th at
32
10:00 a.m. in order to appear in aerial photographs which will be
sent to Washington to show our support of the designation.
PRESENTATION OF TREASURE SHORES PARK MASTER PLAN
The Board reviewed the following memo dated 11/13/89:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director.
SUBJECT: Treasure Shores Park Master Plan
DATE: November 13, 1989
DESCRIPTION AND CONDITIONS
During the Nov. 9, 1989 regular meeting of the Parks and
Recreation Committee, the Committee considered the pre-
liminary Master Plan of Treasure Shores Park as presented by
Landscape Architect Brad Smith. The Committee unanimously
approved the plan and recommended that the Board of County
Commissioners approve the Master Plan.
Brad Smith, President of Brad Smith Associates, Inc. will be
present at the commission meeting to present the Final
Master Plan Design.
Public Works Director Jim Davis introduced landscape
architect Brad Smith, noting that one of the reasons this firm
was selected to prepare the master plan was because of their
reputation for blending parks into heavily vegetated areas. He
recalled that when the County purchased this park property 4-5
years ago, part of the funding came from the bond issue that the
voters approved by referendum, and part of the money came from
the Florida Save Our Coasts program. The County has a commitment
to the State under a sub -lease with the DNR to open the park
within 5 years of the date of that sub -lease agreement. In order
to implement that we have begun the master plan work, and Mr.
Smith is here to present it to the Board today. The project was
NOV 21 A89
33
OV 1'!138
BOOK 78 FACE 434
well received by the Parks & Recreation Committee earlier this
month, and the Committee recommended that the Board of County
Commissioners approve the master plan.
Brad Smith expressed their appreciation for the opportunity
to work together with the County staff in setting the stage for
development of this park. This is a unique piece of property,
and it is just a gorgeous piece of what Florida used to be. They
are excited about the opportunity not only to provide oceanfront
access, but to preserve some of the natural environment there and
utilize some educational opportunities as well. He showed some
aerial photographs and ground photographs of the site that show
the thick vegetation that exists along that stretch of property.
Director Davis noted that prior to the project, the Sheriff
took Mr. Smith up in his low -altitude plane for 3-4 hours to get
an aerial inventory of the vegetation.
Mr. Smith explained that they have divided the master plan
into 4 areas: the main oceanfront recreation area that provides
the typical beach access; the hammock campground in the
triangular piece on the west side of AIA; the seaside camp sites
on the detached piece of oceanfront; and the village rentals on
the other portion that stands alone on the west side of AIA. In
addition to nestling those planned improvements, they looked for
ways to provide a variety of recreation experiences, not just
your typical beach access, and looked for opportunities for
public/private partnership efforts. Funding is always a problem
in public projects such as this, and he felt that the more
creative funding mechanisms that are considered, the better off
we are. They have included improvements throughout the park that
will generate revenue.
Beginning with the oceanfront recreation area, Mr. Smith
advised that the master plan calls for 631 paved parking spaces;
5 dune crossovers equally spaced throughout; 1 lifeguard tower
centrally located; restroom facilities; 4 picnic areas located
34
under the oak canopy areas; and a pedestrian system throughout
the picnic areas. Referring to a more detailed map, Mr. Smith
pointed out the activity node which includes a convenience store,
a beach rentals facility, restrooms, an environmental exhibit,
and an observation tower. Bicycle trails and footpaths are
provided throughout the site. A secondary activities area
further to the south will include volleyball courts, restrooms,
and a large wooden deck gathering place.
Mr. Smith next described the seaside camp site area, where
they have considered the use of walk-in camping, where you would
carry in your gear and set up a camp site. These would be
designated camp sites, not pull -in sites. There is a paved area
with a cul-de-sac of 32 parking spaces. In Phase 1 they would
propose ;to do the paving and the parking and the dune walkover
to allow access through that site, and then in the future phases,
construct a restaurant facility and foot trails to the camp site,
but that would be later on in the project after the hammock
campground is opened. Mr. Smith explained that they have
provided the main point of ingress/egress opposite the main
entrance of the oceanfront recreation area. They have provided
3 loops and 27 RV and trailer sites or 21 tent sites; a restroom
and laundry facility with showers; a swimming pool and bathhouse;
a children's playground; and a station/residence for a full-time
ranger.
Commissioner Scurlock was concerned about all the talk about
camp sites, and asked if we are going to have camp sites abutting
residential neighbors. He didn't like that idea at all, and
neither did Commissioner Bowman.
Director Davis explained that the management plan that was
prepared last summer did indicate that there could be some
opportunity for camping in the area, and some of the thinking was
to provide security by having a full-time ranger living on site.
There was some consideration given to a revenue source to sustain
the salary of and operating costs for that security.
NOV 21 W9
1
35
POCK_ 7
OV
BOOK
X78
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Commissioner Scurlock asked if the adjacent property owners
know that they are going to have a trailer park next to them, and
Director Davis felt they certainly know there is going to be a
park there.
Commissioner Bowman didn't believe we should compete with
the privately owned RV campgrounds in this county. She didn't
like it at all, and felt there must be some other way to do this.
In fact, she didn't consider RV camping as being in the same
league with outdoor camping, because they do not really rough it.
Chairman Wheeler was also concerned about opening it up to
RVs, but would like to see walk-in camp sites to provide a place
where families can experience a bit of wilderness -type
environment.
Commissioner Scurlock felt he would go absolutely bonkers if
he lived in one of those abutting residential neighborhoods and
had a campground go in next to it, but Director Davis noted that
there is a densely vegetated buffer surrounding the park
property.
Commissioner Scurlock pointed out that there is a lot of
this RV junk along the Crescent Beach and Flagler Beach areas,
and that is just what it looks like.
Mr. Smith felt that would be a policy decision that the
Board would have to make. They have provided an alternative with
the village rentals for the people who do not like to rough it as
much as tent camping. They feel this would be a very good
opportunity to generate some revenues, and they envision perhaps
a lodge to accommodate groups that would want to come for a
weekend retreat, etc. There also would be 3 duplex cabins and 13
tree -top cottages (hexagon, stilt -type structures).
Commissioner Eggert wanted to see the dune crossover ramp
built in a more gradual way than the one at Golden Sands Park to
better accommodate the handicapped. She felt it would be easier
to slope it more gently because of the space available at this
park.
36
Commissioner Bowman was concerned about having a convenience
store within the park, and suggested that it be located out on
AIA instead to make it more accessible to the public.
Commissioner Scurlock had a real big question of just how
commercial he wanted to see that barrier island. He realized
that this is the first time the Board has discussed the concept
for this park, but he personally didn't want to see another
Panama City. He didn't want to have any of that junk that he
sees up along the Crescent Beach area, such as stands selling
kites and flying saucers, and boogey board rental stands. He
envisioned this park to be a passive, low-key, family-oriented
type facility, because we are talking about nestling a park in
with some highly assessed property, where the County has insisted
on low density, low rise, quality development, and if we end up
with a Coney Island setting right in the middle of it, we will
have complaints from those residents like we have had at the
Wabasso Beach Park.
Mr. Smith agreed, and noted that they too envisioned it to
be a lot more like what Disney has done in Ft. Wilderness.
Quality has got to be the name of the game, because you don't
want a lot of junk in there. However, there will be a fairly
significant amount of population there at buildout, and we need
to provide for the needs of the users, such as a place where they
can purchase ice, sunglasses, sunning lotion, etc. It would be a
very low key operation, but still designed for the needs of the
users.
Commissioner Bird suggested that the convenience store be
referred to as a concession stand, since it would be just a place
to purchase snacks, soft drinks, sunglasses, sunning lotion,
etc., as opposed to a campground provisions store.
Commissioner Eggert realized that there are certain
franchises we would be pressured to have, but she too was
concerned about the motel rentals and the RV campground.
37 ief. 78
NOV 21ISM
437
BOOK 10 ['AGE 438
Chairman Wheeler didn't want to see an RV park in there
either, but he was uncertain about his feelings on the apartment
rentals. He did like the idea of walk-in camping, and would like
to see a facility there to support the people who would forget
ice, sunglasses, etc. He had a problem, however, with concession
stands renting out boogey boards or whatever. He would like it
to be as passive as possible, but would like to see a substantial
fee charged for the camping sites because that area is unique.
Commissioner Scurlock felt that all of these questions
regarding the village rentals and the camping facilities should
be addressed before the design concept is approved, but Director
Davis explained that we are not looking at camping in Phase I.
There has been talk of adding a economics mini -study to the
project to see what is feasible in terms of low-key revenue
producing activities.
Lengthy discussion ensued relating to the problems that come
from having revenue generating activities and facilities.
Commissioner Bowman had a big problem with having the
parking lot in the Targe clearing right out in the sun. She
pointed out that you don't have to line up your cars in a row --
you can scatter your parking throughout the park under the trees.
In fact, she didn't see the necessity of having so many parking
spaces included in Phase I.
Mr. Smith envisioned the end project to be something like
Sea Oaks where they could tuck the parking in under the trees.
They wouldn't have to go in and pave everything, just a little as
they go along. He emphasized that the master plan is just a
guide.
Director Davis reiterated that we have submitted a grant to
the DNR for $120,000 in construction funds. However, that grant
application will not be reviewed until March or April of next
year, so it might not be until June or July before we even know
if we have a grant. If we get the grant, and if the Board
38
appropriates some funding out of next year's budget, we would
begin to go into construction documents and design, which would
probably take another 6 months or so. We have a 5 -year
commitment to open the park or the sub -lease agreement with the
State will be in violation.
Attorney Collins advised that the 5 -year commitment was to
have some parking and some dune crossovers to the beach.
Continuing with the presentation, Mr. Smith noted that there
is a good opportunity here for environmental education because of
the sea turtle habitat, and they would like to provide an
auditorium showing films on coastal dune ecosystems and sea
turtle nesting habitation, and perhaps phamplets for a
self -guided nature trail. They also would like to see an
observation tower so that you can get the big picture and get
above the tree canopy. Mr. Smith felt that there is a need for a
graphics package for signage at theentrance to the park and also
along AIA.
Commissioner Eggert understood that the $42,000 figure shown
under the environmental exhibit facility is just for the
construction cost of the building, and Mr. Smith responded
affirmatively.
Director Davis understood that what he is hearing today is
that there is to be no RV camping, not so much parking, and not
as much regimental parking, and parking under the trees, if
possible to provide sheltered parking.
Chairman Wheeler disagreed about using the tree canopy for
parking, because he would rather see the cars sitting out in the
hot sun than the people.
Commissioner Bird asked about the zoning on the commercial
aspects, and Director Davis explained that it is not intended to
be a profitable commercial venture; it is more of an amenity to
the recreation use.
Commissioner Eggert agreed that we should label the
convenience store as a concession stand, and Chairman Wheeler
NOV 21 `1(989
39
BOOK
78 f; 439
BOOK r f P1VC 440
wanted to see us make an effort to coordinate the environmental
education with the Learning Center.
Commissioner Scurlock felt that if we are going to move in
the direction of building some rental facilities, he would like
to see Administrator Chandler involved, and Mr. Smith reiterated
that this is just the -concept of the master plan which is
flexible.
Administrator Chandler emphasized that this is a 20 -year
plan and what we are looking at in the next couple of years are
the basic essentials in opening the park. We will be coming back
to the Board at several points along the way, particularly when
we get into the aspects of Phase I.
Commissioner Scurlock recalled that when we went out for a
bond referendum on the acquisition of these beach properties, we
sold it to the public on the grounds that it would be a beautiful
stretch of oceanfront property, and was concerned what the voters
will think if we go in there and develop to an extent that a
private developer would.
Director Davis stated that it was not staff's intent to make
it revenue intensive. He pointed out that half the site is
already protected by the DNR coastal control line restrictions,
and most of the activities will be planned for the lowest points
of the dune.
Commissioner Bird asked Mr. Smith if he had adequate
direction from the Commission, and Mr. Smith asked if a
handicapped access was necessary at this park since there is one
at the Golden Sands Park.
Commissioner Eggert was adamant about providing the
handicapped with access to the beach at every park, and noted
that many handicapped people enjoy getting down to the water's
edge. She wanted to see this dune crossover ramp designed so
that there is a more gradual sloping to the beach, especially
since we have the space to do it.
40
Director Davis reported that the cost for the handicapped
ramp at Golden Sands Park was $50,000, which is almost double the
cost of the average dune walker/ramp. They could bring back a
more detailed cost estimate for a handicapped ramp.
Director Davis advised that they do need approval today for
Phase I of the project because we have gone to the DNR with a
grant application.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the design concept of Phase 1 of the Treasure Shores
Park, as recommended by staff.
ADMINISTRATOR'S REPORT ON STATUS OF CONSTRUCTION PROJECTS
Administrator Chandler advised that next week we will be
receiving proposals for a construction management program, and
would like a Commissioner to be on that committee.
Commissioner Eggert recommended that Chairman Wheeler since
he is involved in the Courthouse and the Jail, and Chairman
Wheeler agreed to sere\on the committee.
NOV 21 1989
41
Pila PM,E. 441
NOV 21
F="1.1- ,,;�
EOOK F'AGr
S.W.I.M. DEMONSTRATION AT DALE WIMBROW PARK
The Board reviewed the following memo dated 11/13/89:
TO: James W. Chandler,
County Administrator
FROM: James W. Davis, P.E., 4, nom/
Public Works Director
SUBJECT: SWIM Demonstration Project at Dale Wimbrow Park
REF. MEMO: Michael Walther, P.E., Coastal Tech to
Sebastian Watershed Action Committee
dated Sept. 6, 1989
DATE: November 13, 1989
DESCRIPTION AND CONDITIONS
The Sebastian Watershed Action Committee has requested
permission to use the Dale Wimbrow Park Boat Ramp area for
c nstruction of a surface water demonstration project under
a SWIM fund grant. The committee would like to construct a
retention/detention treatment pond with transitional wetland
vegetation. The County Public Works Department will provide
survey work, drafting, and construction. Grant funds will be
available from the SWIM Program for all materials. Coastal
Tech, Inc. will donate design services.
ALTERNATIVES AND ANALYSIS
The Parks and Recreation Committee considered this request
on Nov. 9, 1989 at their regular meeting and unanimously
approved the project.
RECOMMENDATION AND FUNDING
It is recommended that the Board approve the Committee's
request to use Dale Wimbrow Park as a demonstration project.
No County funding is applicable.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Parks and Recreation Committee's request to use
Dale Wimbrow Park as a demonstration project, as
recommended by staff.
42
RELEASE OF RETENTION FOR ROAD & BRIDGE COMPLEX CONSTRUCTION
The Board reviewed the following memo dated 11!7/89:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Release of Retention for
Road & Bridge Complex Construction
DATE: November 7, 1989
DESCRIPTION AND CONDITIONS
Construction of the Road & Bridge Division Office Building
has been completed. Inspection has been performed and the
Public Works Department has no objection to the release of
retention funds in the amount of $6,356.60 to Fischer
McGann, General Contractors for the project.
RECOMMENDATIONS AND FUNDING
Staff recommends the release of retention funds in the
amount of $6,356.60 to Fischer McGann for the construction
of the Road & Bridge Complex.
Funding to be from Account # 111-214-541-066.51.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
release of retention funds in the amount of $6,356.60
to Fischer McGann for the construction of the Road &
Bridge Complex, as recommended by staff.
COPY OF RELEASE WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED
NOV 21 1989
43
Nei(8c,ti.443
NOV`1 `'`: k° BOOK 78 F,,GE 44''.
INDIAN RIVER BOULEVARD - PHASE IV - AMENDMENT TO ENGINEERING
SERVICE AGREEMENT
The Board reviewed the following memo dated 11/13/89:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Indian River Boulevard Phase IV - Amendment to
Engineering Service Agreement to Include Right -
of -Way Maps for 41st Street, 45th Street & 53rd
Street - Supplemental Work Order No. 2 Agreement
REF. LETTER: William Palm, Glace and Radcliffe, Inc. to
James Davis dated Nov. 7, 1989
DATE: November 13, 1989
DESCRIPTION AND CONDITIONS
When the Engineering Services Agreement for the design of
Indian River Boulevard Phase IV was negotiated, staff and
the consultant eliminated several items from a typical
design scope of work due to unique characteristics of the
project. One item eliminated was right-of-way map prepara-
tion for Indian River Boulevard since the County had a
predetermined right-of-way survey. In eliminating this
right-of-way map work for the Boulevard from the contract,
the staff and consultant mistakenly eliminated all right-
of-way map preparation including the east/west connecting
roadways (41st Street, 45th Street, and 53rd Street)
Upon billing the County for work completed, the Consultant
has discovered this mistake and is requesting an amendment
to the original Engineering Service Contract to increase the
basic compensation by $13,570.
ALTERNATIVES AND ANALYSIS
In our original negotiations, staff estimated the fee to be
$20,000 for the right-of-way map preparations. The fee due
to actual man-hours required is $13,570. Staffis of the
opinion that this is a fair fee.
Alternative No. 1
Approve the attached supplemental work order agreement
providing an increase in the contract fee by $13,570
for preparation of right -of way maps for 41st Street,
45th Street and 53rd Street.
Alternative No. 2
Deny the attached Supplemental Work Order No. 2 Agree-
ment.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the Supplemental
Work Order No. 2 Agreement is approved increasing the
Contract amount -by $13,570. Funding to be from Fund 309,
Indian River Boulevard Professional Services line item,
Local Option Gas Tax Revenue.
44
NOVG
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation for Alternate No. 1, as set
out in the above memo.
SUPPLEMENTAL WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
RETURN OF CASH PAID IN LIEU OF BEACH ACCESS EASEMENT - WILDFIELD
PROPERTIES OF FLORIDA, INC.
The Board reviewed the following memo dated 11/15/89:
TO: The Board of County Commissioners
FROM:u04.' William G. Collins 1I - Assistant County Attorney
DATE: November 15, 1989
SUBJECT: Wildfield Properties of Florida, Inc. - Return of
Cash Paid in Lieu of Beach Access Easement
On May 25, 1988 Wildfield Properties of Florida, Inc. paid
to Indian River County $6,700.00 in lieu of a beach access
easement dedication for the Sandpointe Subdivision.
As a result of the lawsuit by Associates Management Group,
Inc. over a similar cash in lieu of easement payment made at
the Sanderling Subdivision, the Board has deleted these
requirements from our ordinance and settled the lawsuit with
Associates Management Group, Inc. for approximately 80% of
the anticipated judgment amount.
The attorney for Wildfield Properties of Florida, Inc. has
requested the return of the $6,700.00 paid to the County.
RECOMMENDATION
Authorize the return of the $6,700.00 to Wildfield
Properties of Florida, Inc. The account number which the
funds are to come from is 113-210-572-033.16.
dv
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously authorized
the return of $6,700 to Wildfield Properties of
Florida, Inc., as recommended by staff.
45
POUF 78 RICE.44b
NOV
C) `I
600K 78 f',,;E 44
Commissioner Bird asked how far back we are going to go with
these requests, and Assistant County Attorney Will Collins
advised that the Statute of Limitations is 4 years. We have a
list of all the developments that made cash payments in lieu of
donating beach access easements, and staff will be bringing a few
more of these requests to the Board shortly.
REQUEST FROM FLORIDA LEAGUE OF CITIES, INC. FOR COUNTY TO ADOPT
RESOLUTION SUPPORTING THE TENTH AMENDMENT TO THE U.S.
CONSTITUTION
The Board
reviewed the following memo dated 10/31/89:
Memorandum
DISTRIBUTION LIST
Commissioners G'4
Administrator
ney
gnel
orks
nity Dev.
TO: Each City and County Government
in Florida
FROM: Raymond C. Sittig, Executive Direc o
Florida League of Cities, Inc.
DATE:
SUBJECT:
October 31, 1989
e.
Utiliti
Finance
Other _
1) Resolution of Support for Amendment #3 Limiting Unfunded
Mandates
2) Tenth Amendment - U.S. Constitution
The membership of the Florida League of Cities adopted the enclosed
resolution at their recent convention in Jacksonville. The action was
taken by unanimous vote and each city and county government in Florida
is urged to adopt similar resolutions, with as much publicity as
possible, so that the citizens in your communities will be aware and
knowledgeable of this issue when it appears on the ballot November 6,
1990.
Also enclosed is a brochure designed to assist city officials in
understanding the complexities of this issue.
This brochure is designed to be informative to city and county
officials and is material that may only be distributed within the
League's membership.
46
Cities and counties should be alert to the recent court decision
prohibiting the expenditure of public funds to specifically support or
oppose ballot issues. In our opinion this decision would not preclude
a city or county from adopting a resolution in support of Amendment 3.
The League has established a "Home Rule" Political Action Committee to
receive and expend funds in support of the passage of this amendment.
Future efforts in support of Amendment 3 will be channeled through
this committee as indicated above. Cities and counties should limit
their expenditures, if any, of public funds to educational and
informative efforts. The League may assist in coordination of this
effort in the future.
Also enclosed is a resolution supporting the tenth amendment to the
U.S. Constitution and each city/county is requested to adopt similar
resolutions.
201 West Park Avenue • P.O. Box 1757 • Tallahassee. Florida 32302-1757 • (904) 222.9684 • Sunrom 282.501()
NOV
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 89-144, urging Florida citizens to support
the Constitutional Amendment #3 on the November, 1990
ballot limiting unfunded State mandates on cities and
counties.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 89-145, urging the President and U.S.
Congress to recognize and affirm the language and power
of the Tenth Amendment which governs and balances the
respective powers of the states and the federal
government.
47
BOOK ( 8 FA,,[ 44 9
BOOK
RESOLUTION NO. 89 - 144
78 Fac 448
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, URGING
FLORIDA CITIZENS TO SUPPORT THE CONSTITUTIONAL
AMENDMENT #3 ON THE NOVEMBER 1990 BALLOT LIMITING
UNFUNDED STATE MANDATES ON CITIES AND COUNTIES
WHEREAS, since 1981, the Florida Legislature has placed
288 unfunded mandates upon cities and counties in Florida
with over 86 percent having an undetermined fiscal impact on
cities and counties; and
WHEREAS, "unfunded mandates" are governmental actions
required of cities and counties by state law without
adequate funding resources; and
WHEREAS, cities and counties are continuously forced to
adjust local service priorities, and raise local taxers and
user fees to pay for such unfunded state mandated programs;
and
WHEREAS, cities and counties are forced to pass these
increased costs for delivery of state -mandated programs to
the citizens; and
WHEREAS, the Florida Constitution preempts all taxing
sources to the state (except ad valorem property taxes) it
becomes irresponsible for state government to require and
mandate programs to other governments without sharing the
fiscal responsibility and political consequences of their
actions; and
WHEREAS, there can be no certainty and predictability
in the growth planning process if the state can continue to
mandate new and expensive programs without regard to
adequate funding; and
WHEREAS, the priorities and programs of local citizens
of cities and counties have often been curtailed when
limited local funds have to be diverted to pay for a state
mandated program; and
WHEREAS, the state constitution "preempts" all taxing
powers to the state (other than local property taxes) and
the state has been unwilling to allow sufficient local
discretionary taxing powers directly to municipalities and
has refused to adjust unfair and antiquated formula
allocations of revenue sharing programs; and
WHEREAS, unfunded mandates are not fair to the local
property owner or the locally elected official who is trying
to address local priorities and problems with a limited
amount of financial resources; and
WHEREAS, during the 1988 Legislative Session nearly 100
members of the Legislature co-signed or supported a proposed
constitutional amendment to limit the Legislature's ability
to mandate programs and costs to city and county
governments; and
WHEREAS, during the 1989 Legislative Session a proposed
amendment to the constitution was passed to give Florida
citizens an opportunity to vote in 1990 on a proposal that
would limit unfunded state legislative mandates on cities
and counties;
48
RESOLUTION NO. 89-144
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Board calls upon all citizens of the state to become aware
to the seriousness of unfunded mandates and to be prepared
to support the amendment to the Florida state constitution
on the matter that will appear on the ballot in the November
1990 election.
The resolution was moved for adoption by Commissioner
Scurlock and the motion was seconded by Commissioner Eggert,
and, upon being put to a vote, the vote was as follows:
Chairman Gary C. Wheeler Aye
Vice -Chairman Carolyn R. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared Resolution No. 89-144
duly passed and adopted this 21st day of November, 1989.
ATTEST:
NOV 2 1989
Bart n Cler
49
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
Gary,%C. Wheeler
Chairman
APPROVED AS TO FORM
AND EFFICIENCY:
Charles P. Vitunac
County Attorney
BOOK 8 FAGS 449
BOOK. 78 450
RESOLUTION NO. 89 - 145
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, URGING THE PRESIDENT AND U.S.
CONGRESS TO RECOGNIZE AND AFFIRM THE
LANGUAGE AND POWER OF THE TENTH
AMENDMENT WHICH GOVERNS AND BALANCES THE
RESPECTIVE POWERS OF THE STATES AND THE
FEDERAL GOVERNMENT.
WHEREAS, the Tenth Amendment, part of the original Bill
of Rights, reads as follows. "The powers not delegated to
the United States by the Constitution, nor prohibited by it
to the states, are reserved to the states respectively, or
to the people"; and
WHEREAS, the limits on Congress' authority to regulate
state and local activities prescribed by the Tenth Amendment
have recently been the subject of debate by the Supreme
Court in the cases of Garcia v. San Antonio Metropolitan
Transit Authority, 469 U.S. 528 (1965), and South Carolina
v. Baker, 56 U.S.L.W.4311 (U.S. April 20, 1988) (No.94,
Original);, and
WHEREAS, these cases hold that the limits of the Tenth
Amendment are structural, and not substantive, leaving
states and local governments to find protection from
congressional regulation through the national political
process, rather than through constitutionally defined
spheres of residual state authority; and
WHEREAS, these U.S. Supreme Court decisions invite
further federal preemption of state and local authority;
and
WHEREAS, federal administrative and
interference has occurred in matters related to
intergovernmental tax immunity tax -exemption of
bonds, social welfare, transportation and health;
judicial
personnel,
municipal
and
WHEREAS, states and municipalities across the nation
have adopted resolutions reaffirming their support for the
full constitutional forcer of the Tenth Amendment; and
WHEREAS, the National Governor's Association, the
Southern Municipal Conference, the National Conference of
State Legislatures, and the Council of State Governments
have supported the need to retain the balance and
separation of powers under the Constitution; and
WHEREAS, the Council of State Governments'
Intergovernmental Partnership Task Force has recommended
consideration of specific constitutional amendments to the
Tenth Amendment and Article V;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Board does endorse proposals for a White House conference
and congressional hearings on .federalism and does hereby
agree to and approves the proposal to amend the Tenth
Amendment and Article V of the U.S. Constitution to allow
the states to initiate federal constitutional amendments by
a vote of three fourths of the state legislature.
The resolution was moved for adoption by Commissioner
Scurlock and the motion was seconded by Commission Eggert,
50
and, upon being put to a vote, the vote was as follows:
Chairman Gary C. Wheeler
Vice -Chairman Carolyn K. Eggert
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Commissioner Don C. Scurlock, Jr.
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared Resolution No. 89-145
duly passed and adopted this 21st day of November, 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
ATTEST:
y K / Barton Clerk.
e •
Ga .C. Wheeler
Chairman
MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE
Chairman Wheeler reviewed the following Summary of Actions:
MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE
Summary of Actions
November 20, 1989
The Marine Advisory Narrows Watershed Action Committee met on
November 20, 1989 and discussed the following subjects:
1) Presentation on Environmental Learning Center
Holly Dill gave a slide presentation on the Environmental
Learning Center, and the Committee discussed a proposed
project for surface water retention and treatment to be
constructed on the Learning Center property..
The Committee made a motion to adopt the retention pond
demonstration project as a Committee project utilizing the
$4,000 SWIM money, and the matching County funds.
2) Discussion of State DNR Manatee Protection and Boating
Safety Regulations
The Committee discussed the above regulations. It was
expressed by several of the committee members that option 3
was the one that should be adopted, that is, Counties may
submit locally -developed, site-specific ordinances.
51
NOV 21 989
BOOK , i [Au 451
BOOK i8 PAGE 451
3. Sebastian River Acquisition under CARL Program
It was recommended that the Committee issue a Resolution in
support of the acquisition before the December 1 deadline.
The Indian River Lagoon was nominated by Governor Bob
Martinez and a priority ranking has been achieved by an
amendment to the Ocean Dumping Bill. It was recommended
that the Committee send a Resolution supporting this action
to William Reilly, Administrator of the Environmental
Protection Agency, to protect the vitality of the lagoon.
4. Ad Hoc Committee on Water Safety Regulations
The Committee recommended that the following people be
included in the Ad Hoc Committee:
Tim Adams - Commercial Fisherman
George Bunnell - Member of Florida Inland Navigational
District; Member of Indian River Shores Town Council;
Associated with Environmental Learning Center
R. Grant Gilmore - Marine Biologist
John E. Jackson - Sports Fisherman
George Phreaner - Recreation boater
Jeff Luther - Law Enforcement
Member pf Fish and Game Commission
5. Stand Up for the Indian River Lagoon
Diane Barile asked for support from all County citizens to
stand on the Wabasso Bridge and the Barber Bridge at 10:00
A.M. on November 24, 1989, or form a flotilla of boats in
the Intracoastal at the local causeways to show their
commitment to the future of the lagoon. A plane is going to
fly over these areas at 10:00 A.M. and take pictures, and
there will be national coverage.
GCW:aw
Commissioner Bird felt that because we are getting more and
more boats in this area, perhaps we need to start looking more
aggressively at some areas in the river and along the shoreline
where boaters would be welcomed to beach their boats and have a
picnic, etc. He felt that either the Parks and Recreation
Committee or this Committee would be the proper forum to look at
some of those alternatives.
The Commissioners indicated that the Parks & Recreation
Committee would be the appropriate form to look into some
alternatives.
52
IIIP
BIKE PATH FROM SOUTH BEACH TO SOUTH OF THE MOORINGS
The Board reviewed the followign Letter dated 11/16/89:
GEORGE O COLLINS. JR!
CALVIN B. BROWN ,.
WILLIAM W CALDWELL
BRADLEY W ROSSWAY
BRUCE D. BARKETT
STEPHEN CONNELLV
'BOARD CERTIFIED REAL ESTATE LAWYER
Collins, Brown & Caldweil4.
• `,
V. f cJ• .1
CHARTERED
ATTORNEYS AT LAW
744 BEACHLANO BOULEVARD
VERO BEACH. FLORIDA 32463
FAX * 407-234-5213
Charles Vitunac
County Attorney
Indian River County
1840 25th Street
Vero Beach, Florida 32960
.i ;
• „•'.,:«-+'J 3 PLEA E REPLY TO:
g.t:e� POST PICS BOX 3688
1�'• 1 VERO ACH. FLORIDA 92964
i.e:',.,,,,
.;.41/40'7.231.4343
im C t , .\
November 16, 1989
Dear Charles:
I have talked to Carol Bakule who is chairman of the Bike Path
Committee. The committee would like to have the program proceed
eed
on a flat assessment per lot basis and not on a millage basis.
rationale is that a $1,000,000 home and a single family lot will
all be assessed on an equal manner. The committee has decided to
stay with the current boundaries of the district. Those boundaries
include The Moorings.
I would appreciate if you would
providing for a flat assessment,
$150.00 per lot. I think you and
have the amendment in place prior
If you have any questions, please
prepare an amending resolution
and I believe the amount is
I agree that it is important to
to the end of the year.
do not hesitate to call.
Sincere
y_
George . Collins, Jr.
For the Firm
Commissioner Bird reported that there is substantial
interest in rejuvenating or reactivating the South Beach M.S.T.U.
that was created for this purpose a few years back when it went
to referendum'and was defeated. There
now than a few years ago, and there is
seems to be more support
a mass petition drive
going on to see what kind of support they can get for this. The
thought is to do it on a per lot assessment basis.
53
N0V211939
LOOK 78 ['An 453
iNOV2i 1989
B00K 1' f"a4 1
Attorney Vitunac explained that if the people want to make
the existing M.S.T.0 a benefit district, the law requires that it
be in place before January 1, 1990.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
Commissioner Bird's recommendation to direct staff to
prepare an ordinance amendment to be considered at a
public hearing before January 1, 1990.
SOLID WASTE DISPOSAL DISTRICT MEETING
The Chairman announced that immediately upon adjournment,
the Board would reconvene sitting as the District Board of
Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:08 o'clock P.M.
ATTEST;
Clerk
54