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Home My WebLink About12/19/1989J BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING DECEMBER 19, 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 - None 3. PLEDGE OF ALLEGIANCE - Carolyn K. Eggert, Vice Chairman 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS BC. Date Workshop for Courthouse Master Plan 11B. P.L.A.B. Report Remove:7B(l)Gifford Elderly Housing Rezoning 7BI3)Vacate Plat - Sunshine Quality Homes Unit 2 5. CONSENT AGENDA A. Report of Occupational License Taxes Collected during Month of November, 1989 (Memorandum dated 12/7/89) B. Vero Beach High School Girls Golf Team Playing Privileges (Memorandum dated 12/11/89) C. IRC Bid 90-10, Roll -off Containers (Memorandum dated 12/7/89) D. IRC Bid 90-12, Embankment Material (Memorandum dated 12/6/89) E. IRC Bid 90-14, Chain Link Fence (Memorandum dated 12/11/89) DEC 1 S 1989 p'" 1 BOOK 7 [ASE flop ,DEC 1 989 BOOK .78 FAGS 6J9 5. CONSENT AGENDA - CONTINUED F. IRC Bid 90-15, Aluminum Buildings (Memorandum dated 12/4/89) G. IRC Bid 90-16, Enviro Tanks (Memorandum dated 12/7/89) H. IRC Bid 90-25, No. Co. Community Library (Memorandum dated 12/11/89) I. IRC Bid 90-26, Cushman 3 -wheel Truckster (Memorandum dated 12/11/89) J. Rivers Edge Water Treatment Plant (Hydro -Pneumatic Tank) (Memorandum dated 12/7/89) K. Acceptance of Theodore G. Smith's Resignation from Board of Directors of Economic Opportunities Council (Letter dated 12/6/89) L. Release of County utility Liens (Memorandum dated 12/13/89) M. Final Plat Approval for Phase I of Copeland's Landing (Memorandum dated 12/11/89) N. Budget Amendment 018, Cost of Living Salary Increase (Memorandum dated 12/13/89) O. Budget Amendment 019, Oil Recycling Grant (Memorandum dated 12/8/89) P. Budget Amendment 020, Main Library Community Information Referral Grant and Library Services Technology (Memorandum dated 12/7/89) Q. Budget Amendment 021, EMS Award Grant in the Amount of $34,147.79 (Memorandum dated 12/8/89) 6. CLERK TO THE BOARD None 7. A. PUBLIC DISCUSSION ITEMS Malcolm S. Levy (1/3)(ET AL 711/955) Public Nuisance; Assessment for Abatement of Nuisance (Memorandum dated 11/29/89) B. PUBLIC HEARINGS 1) Gifford Elderly Housing Request to Rezone Property from RS -6 to RM -10 (Memorandum dated 11/28/89) 2) Stanley Kahn Request to Rezone Property from RS -1 to CH (Memorandum dated 11/28/89) 7. B. PUBLIC HEARINGS - CONTINUED 3) Request to Vacate the Sunshine Quality Homes Unit 2 Plat (Memorandum dated 12/8/89) 4) ORDINANCE AMENDING ORDINANCE NO. 83-21 WHICH CREATED THE SOUTH BEACH RECREATION PATH MUNICIPAL SERVICE TAXING UNIT: PROVIDING A CHANGE OF NAME OF THE DISTRICT: PROVIDING AUTHORITY FOR THE DISTRICT TO FUND THE RECREATION PATH BY SPECIAL ASSESSMENT IN LIEU OF OR IN ADDITION TO TAXES: AND PROVIDING AN EFFECTIVE DATE (Memorandum dated 12/4/89) 8. COUNTY ADMINISTRATOR'S MATTERS A. Retirement Plan (Memorandum dated 12/12/89) B. Interim Assistance Agreement (Memorandum dated 12/11/89) 9. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT None C. GENERAL. SERVICES 1) North County Office Space Requirements (Memorandum dated 12/8/89) • DEC 19 1989 L. 2) Approval of Contract, North County Community Library (Memorandum dated 12/12/89) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1) Request to Close a Portion of 40th Court and a Portion of 1st Lane for New Year's Eve (Memorandum dated 12/11/89) 2) Treasure Shores Park and Beach Recreation Area Completion of DNR Coastal Construction Permitting, Final Payment (Memorandum dated 12/7/89) Boor. j C Fa F. 64 UEC i X989 BOOK 9. DEPARTMENTAL MATTERS - CONTINUED H. UTILITIES None 10. COUNTY ATTORNEY A. Reduction in Letter of Credit Posted by Waterford Associates for the Lake in the Woods Development (Memorandum dated 12/12/89) B. Request for Release of Cash Deposit from Escrow by Hale Indian River Groves, Inc (Memorandum dated 12/11/89) C. Release of Letter of Credit to Orchid Island Associates Limited Partnership (Memorandum dated 12/12/89) D. Request for Return of. Funds Paid in Lieu of Beach Access Easement Dedication (Memorandum dated 12/12/89) E. Authorization of Animal Control Officers to Issue Citations (Memorandum dated 12/13/89) F. Resolution Accepting Gifford Sewer Project as Substantially Complete 11. COMMISSIONERS ITEMS A. CHAIRMAN GARY C. WHEELER Resolution in Support of Sheriff's Law Suit'Regarding Early Prisoner Release B. VICE CHAIRMAN CAROLYN K. EGGERT C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER MARGARET C. BOWMAN Interim Manatee Protection Speed Zone Plan (Memorandum dated 12/8/89) E. COMMISSIONER DON C. SCURLOCK, JR. 12. SPECIAL DISTRICTS None �0 PAGE 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. Tuesday, December 19, 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, December 19, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. • The Chairman called the meeting to order, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler advised that the Administrator has requested the addition of item 8C under his matters in regard to setting up a workshop date for the Courthouse Master Plan. Commissioner Eggert wished to add a report from P.L.A.B. (Public Library Advisory Board) under her matters. Commissioner Scurlock believed that there has been a request by the applicants to remove the following Public Hearings from today's Agenda: 7B(1) - Gifford Elderly Housing Rezoning Request - RS -6 to RM -10 7B(3) - Request to vacate Sunshine Quality Homes Unit 2 Plat ON MOTION by' Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously added items and deleted items on today's agenda as described above. DEC 1 1989 BOOK 70 PAGE 64 DEC i S9-8 cn Door. c PAGE 643 CONSENT AGENDA Commissioner Eggert requested the removal of Items D, F, G and H, from the Consent Agenda for discussion, and Commissioner Bird requested that Item C be removed for discussion also. A. Report - Occupational Licenses (December, 1989) The Board received the following report from Tax Collector Morris: MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: December 7, 1989 Pursuant to Indian River -County Ordinance No. 86-59, please be informed that $7,853.69 was collected in occupational license 'taxes during the month of November 1989, representing the issuance of 290 licenses. /Zetrifils4•6; Gene E. Morris, Tax Collector B. V. B. High School Girls Golf Team (Playing Privileges) The Board reviewed memo from Bob Komarinetz, Golf Director: 2 a TO: Members of the Board of County Commissioners Mr. James E. Chandler County Administrator DATE: December 11, 1989 SUBJECT: FROM ;Bob Kanarinet .nr;..hector of FILE: Vero Beach High School Girls Golf Team Playing Privileges REFERENCES: 1-0, DESCRIPr w AHD CONDITIONS •.'Iasi year the Board of County Commissioners approved the Vero Beach High School Girls Golf Team use of the Sandridge Golf Club for their practice sessions and matches for 1989. Enclosed is a letter frau Golf Coach Doug Baker requesting again the use of the Sandridge +facilities for 1990. RECOMIENDATICN Staff recommends the Board of County Commissioners approve the Vero eBeach Girls Golf Team the use of the facilities at Sandridge Golf gilliCidb for 1990. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved the use of facilitie§ at Sandridge Golf Club for the V.B. Girls Golf Team for 1990. C. Bid #90-10 - Roll -Off Containers The Board reviewed memo from General Services Director Dean: DATE: DECEMBER 7, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR -FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI S SUBJECT: INDIAN RIVER COUNTY BID #90-10 ROLL -OFF CONTAINERS :;. s• BACKGROUND : The Subject Bid for Roll -Off Containers was properly advertised and Nine (9) Invitations to Bid were sent out. On November 11, 1989 bids were received. One (1) vendor submitted proposals for the commodity. The original bid was for nineteen (19) containers to be used in the recycling process funded by a state grant. The Solid Waste District requested an additional ten (10) containers for the refuse hauling operations funded from their 1989-90 budget after the bids were .received. DEC 10 989 3 BOOK C f'AG' 044 DEC 1 1989 BOOK 78 OLE 645 ix'AANALYSIS :" ' .. ;Staff '.•.has reviewed the submittal to ascertain adherence to :,specifications. Jim Hardee Eauipment was the low bidder that met all 'requirements. FUNDING: F.."`Funds of $95,220 are provided for in the state grant. The remaining '441,693.26 will come from the Solid Waste Districts capital budget funds: tECOMMENDATIONS : ft:Staff recommends the Award of the fixed contract for $136,913.26 to athe low bidder Jim Hardee Eauipment, for the subject commodity. Commissioner Bird had questions about the numbers involved, which he couldn't get to add up, and Director Dean advised that some containers were added and there was a change in price also. There is an addendum to the original included in the backup material. Commissioner Bird wished to know just what we are getting for the $136,000, and Administrator Chandler explained that we are getting a total of 29 containers - 19 are tied into the recycling program and 10 are budgeted within the SWDD for the collection centers. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously awarded Bid #90-10 to the low and only bidder Jim Hardee Equipment for the original 19 Roll -Off Containers plus an additional 10 for refuse hauling operations and authorized the award of a fixed contract to Jim Hardee Equipment in the amount of $136,913.26 for the subject commodity. 4 D. Bid #90-12 - Embankment Material The Board reviewed memo from CPO Manager Mascola: DATE: December 6, 1989 TO: BOARD OF COUNTY CSSIONERS THRMJ: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General FROM: Dominick L. Mascola,SPO Manager Division of Purchasing SUET: IRC BID#90-12/EMBANKMENT MATERIAL BAICKGROUND: The Subject Bid for Embankment Material. was properly advertised and Ten (10) Invitations to bid were sent out. On Nov. 29, 1989 bids were received. Three (3) vendors submitted proposals for the c aarodity. • ANALYSIS: Staff has reviewed the submittal to ascertain adherence to • specifications. Dennis L. Smith was the low responsible bidr7Pr that met all requirements. Blackhawk was the lowest bid, but due to all prices being picked up, 57 miles round trip to Blackhawk •wuuid.increase time & gas and increase the price way beyond D. L. Smith's quote. Monies for this project will cane from Other Road Material & Supplies Account. RE Ci (DATION: Staff recatmendsthe Award of a Open End Contract and authorize the Purchasing Manager to renew the contract for one additional cr . �, ry performance no cost increase, vendor �,.�s: -�y�ar sph3ect• to••satisfaeto acceptance, and determination the renewal is in the best interest 4111, of the County. The initial contract period shall begin with the • date of award and shall terminate one (1) year frau that -date.--- - Commissioner Eggert had a question as to how we are determining the cost of the mileage. Director Dean advised that staff contacted the Road & Bridge Department, and they supplied the figures which showed that it would be more costly for them to transport the material from the DEC 19 `t9B9 5 BOOK. DEC 1 t68 ROOK site with the low bid than it would be to transport the material from the local area. Commissioner Eggert asked if we have a set figure per mile, and Director Dean stated that it would be roughly 204 per mile. Commissioner Scurlock noted that 204 per mile is what the state statutes allow us, and the IRS allows 244 per mile this year, but when you take specific equipment such as this, you cannot operate it for that figure. Director Dean stated that he will ask the Public Works Director how he arrived at that cost figure, and Commissioner Eggert agreed that she would like to know. Commissioner Bird made the further point that he doubted the County has that big a fleet of dump trucks that we can make all these trips. Commissioner Eggert concurred, and noted she just had a question about the mileage figure. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously awarded Bid #90-12 for Embankment Materials to the low bidder meeting specifications, Dennis L. Smith, and author- ized the award of an Open End Contract per staff recommendation and per the following Bid Tabulation: 6 .BOARD OF COUNTY COMMISSIONERS 1840 25th Saxe, Vero Beath. Florida Xt960 _ • cd•v • Dates 11/30/89 PURCHASING DEPT. BID TABULATION Submitted By Dominick L Mascola •! PURCHASING MANAGER Bid Na• 90-12 Date Of Opening 11/29/89' 'End Title t Material s°. Pc,• .r..+..•� D, ..5.000 p 'i �' . #vitt> ,� # • Recommended Aword Dennis L. Smith deZOR10_ P' •ab • - Y 1.85 per yard 1. Dennis L. smith $1.85 per yard Y Vero Beach. Florida • 2. Blackhawk Quarry *$ .40 per yard Palm Bay, Florida • • •*A11 prices indicates pick up by IRC Public Works • Dept. Blackhawk Quarry pick-up pit is at Palm Bay, 57 miles round trip. Time and gas could A. Henry Fischer S Son $2.50 per` yard increase the price way beyond D.L. Smith quote of $1.85 per yard. Sebastian, Florida t1 • 4. Trodelen Paving NIB ! • . Vero Beach. Florida - E. Bid #90-14 - Chain Link Fence The Board reviewed memo from CPO Manager Mascola: DATE: December 11, 1989 O: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General S, FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID#90-14/C AIN LINK FENCE BACKGROUND: The Subject Bid for Chain Link Fence was properly advertised and Ten (10) Invitations to bid were sent out. On Nov. 27, 1989, bids were received. Four (4) vendors submitted proposals for the commodity. .. ;� ANALYSIS: "`' Staff has reviewed the submittal to ascertain adherence to specifications. Martin Fence Company was the low bidder that '.met all requirements. This bid for Chain Link Fence will en - DEC 12 1999 7 BOOK `O f;uL 0 FOO '--cumber Oslo, Gifford, Roseland, Fellsmere and Winter Beach transfer station. Monies for this project will cane frau Solid Waste Construction Projects. RECOMMENDATION: . Staff recommends the Award of a fixed contract for $15,284.00 to the low bidder Martin Fence Company, for the subject commodity. PAGE ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously awarded Bid #90-14 to the low bidder Martin Fence Company in the amount of $15,284.00 and authorized the award of a fixed contract to Martin Fence Company for the subject commodity per staff recommendation and per the follow- ing Bid Tabulation: •• BOARD • 13051 5674000 OF COUNTY COMMISSIONERS•Date' 1840 25th Street, Vero Beads. Florida 32960 :.• 15,284.00 11/27/89 PURCHASING DEPT. BID TABULATION • • Submitted By Dominick L Mescals ( PURCHASING MANAGER Bid Na 90-14 Date Of Opening 11/22/89 Bid Title ci y Fence vim \ .Q' . - P. j; `'- k•'. -..„ ,e•, # �•OIVON '. T..w....: ,,,ecommended hard Martin Fence 1. Martin Fence Company $15,284.00. • 1125 Old Dixie Hwy.• • Lake Park, Florida 33403 2. All American Fence $15,394.00 554 NW Marion Avenue Pt St Lucie, Fl 34983 • 3. Southern Fence co Inc $20,957.00 .� • 4453 NW Oak Circle • Boca Raton, Fl 33431 y ='e 4. Atlas Steel Fence $21,297.00 • •`+tg.rl,Wr . r.v. aoierce, 8 F. Bid #90-15 - Aluminum Buildings The Board reviewed memo from CPO Manager Mascola: DATE: December 4, 1989 IO: BOARD OF COUNTY CIMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General .Qi FROM: Dominick L. Mascola, CEO Manager Division of Purchasing SUBJ: IRC BID#90-15/ALUNIINUM BUILDINGS BACKGROUND: The Subject Bid for Aluminum Buildings was properly advertised and Ten (10) Invitations to bid were sent out. On Nov. 27, 1989 bids were received. One (1) vendor submitted a proposal for the c cmmodity.. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to `specifications. Acran Building Corporation was the low bidder 'that met all requirements. • FUNDING: 'M+onies for this project will c:acne frau ' Bond _ Proceeds. • ON: . Staff recommends the Award of a fixed contract for $7,740.00 to the low bicidpr Acrcan Building Corporation. for the subject commodity. Commissioner Eggert commented that she was just surprised that we got only one bid on this. Director Dean advised that we only got one other contact after we put out the invitations to bid, and he said he had forgotten the date and was late in submitting it. Commissioner Eggert asked if our bid list is adequate, and Director Dean stressed that staff is constantly trying to update the bid list, and we also advertised in the paper. Commissioner Bird guessed that if we have a problem, it is not in the number of bidders, but in all the paperwork required DEC 1 1989 p �A� BOOK 1 8 Fr{iJE. 6: DEC D 9B 10 FiV 65/ to do business with the county. He felt that possibly on some of these smaller items, we could streamline a little bit. Commissioner Scurlock agreed that there are many factors entering into the formal process which may discourage some bidders - the insurance requirements, the time limitations, etc., and he agreed with Commissioner Bird that on smaller items we should have a consistent but modified process. Administrator Chandler advised that we already have made some changes, particularly as relates to our insurance requirements. This bid, however, actually is a pretty straight forward bid and has no insurance tied into it. Commissioner Bird commented that the backup on this item is pretty brief - it doesn't say where the building is going to be used or where the money is coming from. Director Dean informed the Board that when the bid information is submitted to the County Commission offices it is complete; however, some time ago, the Commission asked their secretary to remove some of this material from the backup, and he believed that is what has happened. Commissioner Bird was glad that is being done, but asked that staff on their cover sheet at least tell us where the building is to be used and what fund the money is coming from. It was noted that the buildings are to be for the Landfill Department refuse stations and the funds will come from bond proceeds. Commissioner Scurlock also felt that the staff memo should show the particular account this is going to, basically what department, and whether there is money in the budget. Director Dean assured him that the memos will be written accordingly. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously awarded Bid #90-15 for Aluminum BUildings to the low bidder Acrom 10 Building Corporation in the amount of $7,740 and authorized the award of a fixed contract per staff recommendation and per the following Bid Tabulation: ••Date,11/27/89 . BOARD . 184o _ 1 esta000 • OF 25th COUNTY COMMISSIONERS Sired. Vero Beach. Florida 32960 PURCHASING DEPT. BID TABULATION • Submitted By Dominick L Mascola i PURCHASING MANAGER • - Bid No. 90-15 Date Of Opening 11/22/89 Titie Atimbrnaa Buildings Pw-k Z - v..., \ : �.—, ti - #R• Twp Recommended Award Arcam Building 14211101*. '. $Bid 7,740.00 1. Arcan Building Corporation $7,740.00• i 606 U.S Highway 61 • Fort Pierce.••FloridA 34950 2. .Florida•Pre-Fab NO BID 2907 S. Sagasta Road Tampa, Florida 33619 ' . 3. Paul Jacquin & Sons, Inc i 1e) BID . 1907 Okechobee Rd • Fort Pierce, Florida 34950 G. Bid #90-16 - Enviro Tanks The Board reviewed 'memo from General Services Director Dean: DATE: DECEMBER 7, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS 'THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI SUBJECT: INDIAN RIVER COUNTY BID #90-16/ENVIRO TANKS ',BACKGROUND: The Subject Bid for Enviro Tanks was properly advertised and twelve (12) Invitations to Bid were sent out. On November 22, 1989 bids were received. Two (2) vendors submitted proposals for the commodity. These are double wall, above -ground storage tank with built-in secondary containment to store used motor oil._ They will be located at various locations in the County. DEG 1; 1989 11 X34. DEC i •H89 BOOK 10 'ANALYSIS: 'Staff has reviewed the submittal toascertain adherence to specifications. Petro -Chem Equipment was the low bidder that met -all `lrequirements. FU NDING: *. ttt r0A4onies for this purchase will come from a budgeted.. amount, bf ,$20', 500:00,' r4lECOMMENDATIONS : t1�4: :atf ,Staff recommends the Award of a fixed contract for $18,966 to the low bidder Petro -Chem Equipment, for the subject commodity. Commissioner Eggert noted that here again there is only one complete bid, and Director Dean confirmed that the other vendor submitted only a partial bid, which we couldn't accept because we specified all or none. There are 5 tanks - 3 at the refuse stations, one at the Landfill and one will be portable. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously awarded Bid #90-16 for Enviro Tanks to the only bidder meeting specifications, Petro -Chem Equipment, and authorized the award of a fixed contract to Petro - Chem Equipment for $18,966, per staff recommendation and per the following Bid Tabulation: • • ' BOA14D OF I8+o 25111 .• • -nova °51 5078o5074000- •M{ n Recommended Award Petro -Chem Equipment •tea COUNTY COMMISSIONERS street, vero.Bmch. Florida 3 • Dates 11/27/89 PURCHASING DEPT. N BID TABULATION • Submitted By Dominick L Mascola i ; PURCHASING MANAGER._ . Bid Na ;90-16 Date Of Opening 11/22/89 Bid T18et oviro Tank t 1 ��o .Q' .., - ;f L.,—, '""• *tfz• * F1-OR101% •.: 18,966.0040 _ 1. Petro -Chem uiunent &t S18 966 nn 3. . I Specialty Tank Fayi +r • lO BID 8 8302 laurel Fair Circle, Suite 130_ • 857 Robinson Ave • Tempa, Flroida 33610 Jacksonville. Florida 32209 2. Buffalo Tank urYsimsnv.im 1900 Frankfort Ave_ (ONLY BID TIO (2) ITEMS )• -- Baltimore, Md 21225 ' .• 12 H. Bid #90-25 - North County Community Library The Board reviewed memo from General Services Director Dean, and Commissioner Eggert explained that we also have been supplied a corrected memo including alternates, which changes the base bid price to $997,700: DATE: TO: THRU: FROM: SUBJECT: DECEMBER 11, 1989 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV ES INDIAN RIVER COUNTY BID #90-25 NORTH COUNTY COMMUNITY LIBRARY BACKGROUND: The subject bid for North County Community Library was properly advertised and Twenty -One (21) Invitations to Bid were sent out. On December 1, 1989, bids were received. Three (3) vendors submitted proposals for the commodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Schopke Construction. Inc. was the low bidder- that f' met: all requirements. . e- FUNDING: _, ''x":Monies for tConstruction • this project will come from North County Library Account, in the amount of $1,266,575.00. ; ))=RECOMMENDATIONS : .s':Staff recommends the Award of a fixed contract for $960.000.00 to the `'low bidder Schopke Construction. Inc., for the subiect commodity. .':•;.Contract will be brought back to the Board for approval. DEC 689 13 089 BOOK s F1,,,F.655 DATE: TO: THRU: FROM: SUBJECT: DECEMBER 18, 1989 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI NORTH COUNTY COMMUNITY LIBRARY BID AWARD - ADDENDUM INDIAN RIVER COUNTY BID NUMBER 90-25 BACKGROUND: The subject bid isaincluded in the Commissioner's Meeting Agenda for Tuesday, December ], 1989. The recommendation for award of the base bid is $960,000. This figure did not include the following alternates: Number 1 - Include Fire Sprinkler System Number 2 - Omit Stack Lighting Number 3 - Include Ceiling Title Type II Number 4 - Include Fire Alarm System RECOMMENDATIONS: The original agenda indicated above and Construction Company ON MOTION $23,000 ADD (yes) 11,000 DED (no) 3,600 ADD (yes) 11.100 ADD (yes) $37,700 item is corrected to indicate the alternates as staff recommends award of the bid to Schopke at a total bid price of $997,700.00. by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously awarded Bid #90-25 for construction of the North County Community Library to the low bidder Schopke Construction, in the amount of $960,000, per the following Bid Tabulation, plus alternates of $37,700, or a total bid price of $997,700.00. 14 • • BOARD OF 1840 25th Street, r«wne.. 130S111•741o00 Recommended Award Scnoplce Construction COUNTY •Q COMMISSIONERS Vero Beach. Vw, Florida 32860 , $ ' 960,000.00 Date 12/4/89 `4 PURCHASING DEPT. X BID TABULATION Submitted By Dominick L Mascola PURCHASING MANAGER Bid No.• 90-25 Date Of Opening 12/1/89 Bid Title North qty Library c� 4" �. - i --.•I tORVON '/ 1.Schopke Construction & Engineering Inc $960,000.00 • 1620 Tangerine St Melbourne. F1 32901-469 2. DiPrima Construction S987,700.00 1199 South Patrick Drive Satellite Bch, fl 32937 3. Ivey's Construction $1,040,000.00 4060 N Courtenay Plwy Merritt Island, F1 32953-8145 `.. ` ' ' I. Bid #90-26 - Cushman 3 -Wheel Truckster The Board reviewed memo from CPO Manager Mascola: 11-0E: December 11, 1989 O: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County strator H.T. "Sonny" Dean, Director Department of Gen FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID#90-26/CUSHMAN 3 -WHEEL TRUCKSTER BACKGROUND: The Subject Bid for 3 -Wheel Truckster was properly advertised and (7) Invitations to bid were sent out. On Dec. 7, 1989 bids were received. Two (2) vendors submitted proposals for the commodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications Cushman Jeep of Fort Lauderdale was the low bidder that met all requirements, 15 0a:C 12 '989 8Oor F a 65G TiErJ 1989 FUNDI Y(a: BOOK 78 657 Monies for this project will cane frau Golf Course Operating Fund ':Account. Budgeted funds are $8,500.00. .RECOMMEMATION: Staff recamiends the Award of a fixed contract for $6,595.00 to the law bidder Cushman Jeep of Fort Lauderdale for the subject commodity. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously awarded Bid #90-26 for a 3 -Wheel Truckster to the low bidder, Cushman Jeep of Fort Lauderdale, and authorized award of a fixed contract in the amount of $6,595, as recommended by staff and per the following Bid Tabulation: • .BOARD OF COUNTY ' I840 25th Stmt, M .«.a....= me sasaaoo ? ecatnnended Award C siman Jeep of Ft - ~' COMMISSIONERS Vero Beach. Florida 32980 ; , , • - •• Date ' 12/7/89 PURCHASING DEPT. BID TABULATION •• Submitted By Dominick L Masada iPURCHASING MANAGER Bid Na 90 Date Of Opening 12/6/89 Bid 1-411 Manan 3-t,4me1 Truckster }'• • -• v. & R1_ * . 6,595.00 1. Cushman Jeep of Fort Lauderdale $6,595.00" (Cushman 46110 1 • 550 North Andreas Ave • Fort Lauderdale, Florida 33301 . 2. •Debra 3 rf & Industrial Equipment $8.595.00 (Cushman 9530)• 901 N.W. 31st Avenue L Fort Lauderdale, Florida 33311 J. Rivers Edge Water Treatment Plant (Hydro -Pneumatic Tank) The Board reviewed memo from Engineer William McCain: 16 DATE: TO: THRU: DECEMBER 7, 1989 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO ! P !4!� DIRECTOR OF UTILITY S RVICES PREPARED WILLIAM F. AND STAFFED CAPITAL P.0 BY: DEPARTMENT ��%• ILITY SERVICES EER • SUBJECT: RIVERS EDGE WATER TREATMENT PLANT (HYDRO -PNEUMATIC TANK) • BACKGROUND In September of 1987, the Indian River County Utilities Department assumed the utility service for the Rivers Edge Subdivision. - After ,:--almost a year and a half of water plant design, permitting and 'construction.efforts, we are finalizing the new water treatment °.;;plant at Rivers Edge. In an effort to minimize cost, we intended to °=•utilize an existing hydro -pneumatic tank (hydro -tank) -at the plant; 4i; -,however, after a maintenance blasting on the interior of the tank, "several small pinholes were detected, making the tank unusable: We now:must purchase a new hydro -tank to complete this project. • `ANALYSIS AWe have taken several quotes for the construction of the hydro -tank. ''After reviewing these quotes and delivery time, the best source was determined to be Brevard Boiler Company. The price quote from /Brevard Boiler Company was $5,014.00, and the delivery time is six ;'4.:weeks. Due to the -emergency of this item and the previous --;, Pemergency action" status accorded this project, we are currently •=,processing the order for this item. - RECOMMENDATION The staff of -the department of Utility Services recommends that the Board of County Commissioners approve the above action on the consent Agenda. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved the emergency action of the Utilities Department in ordering the hydro -tank for Rivers Edge Water Treat- ment Plant from Brevard Boiler Company in the amount of $5,014.00. 9EC i S 1989 17 BOOK id F'A .6 C DEC 19 1989 BOOK 8 JO 659 K. Resignation from E.O.C. The Board reviewed letter of resignation from Theodore Smith as follows: .rd. /Jo. Ros 0, 3 1.-947 /✓ Il SQ, off Miss/0/V0� 414-xerie 60NAJ A -A) ---- -- UT 01STR1BUTION 4T " t Commissioners._ Administrator r�1368-247 G.o' utiry A/Averlo.ve.�s E, ,o8ERcH, 31,94d D.c4R. 1 -c 4c • Attorney - -• personnel Public VJorks Corprrpnity ,� Utilities - -finance Other f z-69-sY %t.e.sIG%/v_A- '.d 0,4 'b_ -/)/2ge.,r0 ,esu -o r s< c_ E40,vo lC QPPao TVA' , T ills ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously accepted the resignation of Theodore G. Smith from the Board of Directors of the Economic Opportunities Council with regret. L. Release of County Utility Liens The Bord reviewed memo from the County Attorney's Office: 18 TO: Board of County Commissioners FROM: Lea R. Keller, County Attorney's Office DATE: December 13, 1989 RE: CONSENT AGENDA - BCC MEETING 12/19/89 RELEASE COUNTY UTILITY LIENS have prepared the following routine lien -related documents and request the Board authorize the Chairman to execute them: Release of Assessment Lien Rockridge Sewer Project In the names of CARL and LOUISE S. BORN Release of Assessment Lien River Shores Estates Water Project In the name of RAYMOND and GLADYS STRAUB Back-up information for the above documents is on_file In the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner:Eggert, the Board unanimously authorized the Chairman to execute the Release of Utility Liens listed above. COPIES OF SAID RELEASES ON FILE IN THE OFFICE OF CLERK TO BOARD. M. Final Plat Approval - Phase I, Copeland's Landing The Board reviewed memo from Staff Planner John McCoy: DEC 19 1989 19 ROOK r',�f 6 0 DEC _E `e999 ROOK 4 F',1 E 661 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keatii g, A Community Developmen.Yeirector THROUGH: Stan Boling,ICP Chief, Current Development FROM: John McCoy Staff Planner', Current Development wik DATE: December 11, 1989 SUBJECT: FINAL PLAT APPROVAL FOR PHASE I OF COPELAND'S LANDING It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 19, 1989. DESCRIPTION AND CONDITIONS: Copeland's:Landing Phase I subdivision is a 33 lot subdivision located on the north side of 73rd Street approximately 1000' east of U.S. Highway 1. On May 26, 1988 the Planning and Zoning Commission approved the preliminary plat for the subdivision. At this time the developers are only platting the 33 lots in phase I at a density of approximately 1.7 units per acre. The applicant's agent,Carter and Associates, Inc., is now request- ing final plat approval for Phase I and has submitted the follow- ing with the exception of #4:- 1. a final plat in conformance with the approved preliminary plat; • a certified cost estimate for construction of all remaining required subdivision improvements; a contract for the construction of the remaining required improvements; and a locally drawn letter of credit guaranteeing the construction contract. 0ANALYSIS : •.The County Public Works and Utilities departments have verified • that the submitted certified cost estimate is adequate to cover - the remaining required subdivision improvements (roads, drainage, water, wastewater). The submitted contract is based on the engineer's certified cost estimate. The County Attorney's office has approved the submitted construction contract as legally acceptable and sufficient to ensure construction of required improvements. All applicable requirements regarding "bonding -out" for final plat approval have been satisfied, with the exception of a locally drawn letter of credit. The staff anticipates having a locally drawn letter of credit within 10 days, which would permit the execution of the contract and recording of the plat without waiting until January. 20 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Copeland's Landing Phase I Subdivision, and authorize the Chairman to execute the submitted contract for construction of required improvements, with the following condition: 1. That a letter of credit acceptable to the County Attorney's Office be submitted prior to the Chairman signing the contract and prior to the plat being recorded. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously granted Final Plat Approval to Copeland's Landing Subdivision, Phase I, and authorized the Chairman to execute the contract for construction of required improvements subject to the condition recommended by staff. COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. N. Budget Amendment #018 - Cost of Living Salary Increase The Board reviewed memo from the OMB Director: TO: Members of the Board of County Commissioners DATE: December 13, 1989 SUBJECT: BUDGET AMENDMENT 018 - COST OF LIVING SALARY INCREASE CONSENT AGENDA FROM: Joseph A. Baird OMB Director Description and Conditions In October 1989, the Board of County Commissioners approved a cost of living raise for all employees. Budget Amendment 018, which follows this memo, accounts for this increase. At the same time it also adjusts the health insurance accounts for the new rates negotiated with Gulf Life last summer. DEC 191989 21 E'OOF. 78 FAR. 652 pEc cc!, 1989 BOOK. 1 1E6 PAGE Otj •It should be noted that there are a number of departments not -represented in this budget .amendment. Departments with neither 4'contingency nor cash forward balances have no monies to draw upon for any increases; as a result Housing Authority, Rental Assistance and Fleet Management are not shown in this amendment. In addition, ==-certain constitutional departments (Clerk of Court, Clerk to the Board, Property Appraiser,- Tax Collector and Sheriff) are also not reflected in this amendment; the one exception is"the Supervisor of Elections, who can be found under the General Fund departments. Recommendation .'Staff recommends the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Budget Amendment #018 as recommended by OMB Director Baird. GENERAL FUND BOARD OF COUNTY COMMISSIONERS: 001-101-511-011.11 011.12 012.11 012.12 012.13 012.14 COUNTY ATTORNEY: 001-102-514-011.12 012.11 012.12 012.13 012.14 RECREATION: 001-108-572-011.12 011.13 • 012.11 012.12 • 012.13 012.14 Executive Salaries Regular Salaries Social Security Retirement Insurance -Life and Health Worker's Compensation Regular Salaries Social Security Retirement Insurance -Life and Health Worker's Compensation Regular Salaries Other Salaries Social Security Retirement Insurance -Life and Health Worker's Compensation INCREASE DECREASE 8,380 6,093 1,103 2,615 3,000 84 16,735 1,103 2,534 1,640 97 39,551 7,705 40,957 106 211 BUDGET AMENDMENT #018 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 22 64 0. Budget Amendment #019 - Oil Recycling Grant The Board reviewed memo from the OMB Director: TO: Members of the Board of County Commissioners DATE: December 8, 1989 SUBJECT: BUDGET AMENDMENT 019 - OIL RECYCLING GRANT CONSENT AGENDA FROM: Joseph A. Bair OMB Director Description and Conditions The Indian River County Solid Waste Disposal District was awarded an Used Oil Recycling Grant # U25 in the amount of $21,987 which the county had anticipated incurring the expenditures in the 1988/89 fiscal year and receiving the reimbursement (or grant revenues) in the 1989/90 fiscal year. Unfortunately the opposite occurred. We received the revenue in the 1988/89 fiscal year (in advance) and did ,,not incur the expenses until the 1989/90 fiscal year. The attached ' budget amendment is necessary to reflect the true circumstances. vp. Recommendation =r`YStaff 'recommends the Board of County Commissioners approve the attached budget amendment..- a.:_....... • .. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Budget Amendment #019 as recommended by OMB Director Baird. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird,, OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 019 DATE: December 8. 1989 Entry Funds/Department/Account Name Account Number Increase Decrease jlumber REVENUE SOLID WASTE DISPOSAL DISTRICT Grants 411-000-334-032.00 $ 0 S21.987.00 Cash Forward 411-000-389-040.00 $21.987.00 S 0 EXPENSE SOLID WASTE DISPOSAL DISTRICT Landfill/G & A 411-217-534-033.14 $ 1.047.00 S 0 Landfill/Other Improvements 411-217-534-066.39 $17.440.00 S 0 landfill/Office Furniture 411-217-534-066.41 S 1.500.00 S 0 Landfill/Other Promotional 411-217-534-034.82 $ 2_.000.00 S - 0 Landfill/Cash Forward 411-217-534-099.92 $_. 0 S21.987.00 DEC1 J89 23 ROOK. 78 PAGE 633 DE: ' '98B BOOK / 8 E 665 PA{ P. Budget Amendment #020 - Main Library Community Information ReTerral Grant aria—LTbrary Services TecfinoTogyGrant The Board reviewed memo from OMB Director Baird: TO: Members of the Board of County Commissioners DATE: December 7, 1989 SUBJECT: BUDGET AMENDMENT 020 - MAIN LIBRARY COMMUNITY INFORMATION REFERRAL GRANT AND LIBRARY SERVICES TECHNOLOGY CONSENT AGENDA FROM: Joseph A. Baird OMB Director Description and Conditions In the meeting of May 5, 1989, the Indian River County Board of County Commissioners approved the Community Information Referral grant agreement in the amount of $16,500 and Library Services Technology grant in the amount of $30,000. Grant agreements have been approved :;:.by the state and funding has been made available to the county. The attached budget amendment appropriates the funding. Recommendation Staff recommends the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Budget Amendment #020 appropriating the funding for the above grants. 24 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 020 DATE: December 7. 1989 Entry Number '1. Funds/Department/Account Name REVENUE Account Number Increase Decrease GENERAL FUND/Vero Beach Library Informational Center Grant Library Technoloav orant 001-000-334-715.00,$16.500.00 0 001-000-334-716.00 $30.000.00 0 EXPENSE GENERAL FUND/Vero Beach Library Library Material Travel 001-109-571-038.41 $ 3.000.00 0 001-109-571-038.42 $ 500.00 Dues & Membership Equipment Supplies 001-109-571-038.43 $ 250.00 001-109-571-038.46 $ 5.000.00 0 _ Misc. Operatina GENERAL FUND/Sebastian Library Library Material Subscriptions Eauinment Supplies Other Contractual Services 001-109-571-038.47 $ 2.750.00 001-109-571-038.49 $ 5,000.00 001-112-571-038.51 $17.000.00 001-112-571-038.55 $ 6.875.00 001-112-571-038.56 $ 0 001-112-571-038.57 S 3.125.00 001-112-571-038.58 $ 3,000.00 Explanation:.. Approved by the Board of County Commissioners May 5, 1989: `�-;f7- -Community Information Referral Centers Library Services Through Technology TOTAL DEG 10 1989 25 $16,500 $30.000 $46,500 $ s Budget Amendment: 020 Page 1_ of 1 ��K 78 rAGE.650 0 DEC 10 1989 Q. Budget Amendment #021 - EMS Grant Award The Board reviewed memo from the OMB Director: BOOK /8 FA.GF 667 TO: Members of the Board of County Commissioners DATE: December 8, 1989 SUBJECT: BUDGET AMENDMENT 021 - EMS AWARD GRANT IN THE AMOUNT OF $34,147.79 CONSENT AGENDA FROM: Joseph A. Bairdq OMB Director DESCRIPTION AND CONDITIONS In the meeting of October 17, 1989 the Board of County Commissioners approved the Emergency Medical Services Award (E.M.S.) County Grant (# LP279) in the amount of $34,147.79. The attached budget amendment appropriates funding for this grant. RECOMMENDATION Staff ,,recommends the Board of County Commissions approve the attached budget amendment. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Budget Amendment #021 appropriating funding for the Emergency Medical Services Award Grant. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 021 DATE: December 8. 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease REVENUE GENERAL FUND EMS Award Grant 001-000-334-290.00 $34.148.00 $ 0 EXPENSE GENERAL FUND/ALS Other Machinery and Eauipment 001-253-526-066.41 S 9.648.00 S 0 Automobile 001-2530526-066.42 $24.500.00 0 < Explanation: te;.. .+ $8,500.00 is for an ambulance budgeted in Department 107, but put in De artment 253 to ad ust'for .• p j prior misclassifications. 26 • MALCOLM LEVY (ASSESSMENT FOR ABATEMENT OF PUBLIC NUISANCE) Community Development Director Keating made the staff presentation, as follows: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: obert M. -Keating, Community Developm THROUGH: Roland M. DeBlois, 'AICP Chief, Environmental Planning FROM: Charles W. Heathaa Code Enforcement Officer DATE: November 29, 1989 SUBJECT: REF: Malcolm S. Levy (1/3)(ET AL 711/955) Assessment for Abatement of Nuisance CV -89-11-535 Public Nuisance; It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 19, 1989. DESCRIPTION AND CONDITIONS: On September 01, 1989, Code Enforcement staff sent a Notice of Public Nuisance to Malcolm S. Levy(1/3)(ET AL 711/955), concerning the overgrown weed condition, the accumulation of concrete rubble, discarded steel rods and_pipes, paper, plastic, and woody plants (ie: Brazilian pepper -bushes). The subject property was also posted as set forth in Section 13-23 of the County Code, giving the Respondent(s) thirty (30) days to abate the weed, trash -and debris nuisance. The weed, trash and debris nuisance was- not abated within the thirty day time period. Therefore, in accordance with Section 13-19(b), County Code, County Personnel (ie: Road and Bridge Division) cleared the property of the weeds, trash and debris, with costs to be assessed against the property owners. r... -or r ; Section 13-21 of the County ipli,iCounty nuisance abatement shal '% County Commissioners, who, by against the subject property. t.,, 4.; the Board for consideration to ALTERNATIVES AND ANALYSIS: Code requires that the cost of a 1 be calculated and reported to the resolution, shall assess such cost This matter is presented herein to adopt said, resolution. Section 13-21(a), Public Nuisances, of the Code Ordinances of Indian River County specifically reads DEC 9 27 of Laws and as follows: ROOK � F 6E CPP r. DEC 1 g 1989 BOOK "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the Board of County Commission- ers. Thereupon, the Board of County Commissioners by resolu- tion, shall assess such costs against such lot, parcel, or tract of land. Such resolution shall described the land and state the cost of abatement, which shall include and adminis- trative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid, and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty (30) days after the mailing of notice of assessment after which inter- est shall accrue at the rate of twelve (12) percent interest per annum on any unpaid portion thereof." Cost for equipment use and labor, as indicated by the Road and Bridge Division, plus the $75.00 administrative cost, calculates to be: Labor: Equipment: Landfill: Administrative Fee: $2,417.79 5,970.30 1,409.97 75.00 $9,873.06 RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $9,873.06 in abatement cost, in accordance with Section 13-31(a), of the Indian River County Code of Laws and Ordinances. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously adopted Resolution 89-156 assessing costs of nuisance abatement against Lot 1, Block 10, Whispering Palms Subdivision, Unit 4 (Malcolm Levy). 28 0 RESOLUTION NO. 89-156 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED, TRASH AND DEBRIS NUISANCE ABATEMENT ON LOT 1, BLOCK 10, OF WHISPERING PALMS SUBDIVISION UNIT 4; SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumulation of weeds, trash, debris, and garbage is in the public interest and necessary for the health, safety, and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-13, "Public Nuisances," defines as a public nuisance weeds in excess of 18 inches in height on a lot contiguous to a residential structure within a platted residential subdivision where the platted lots are at minimum of 50% developed; and WHEREAS, the Board of County Commissioners of Indian River County has determined that the landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abate- ment of the described nuisance was sent to the owners by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 13-23, "serving of notice," of the County Public Nuisance Ordinance, and WHEREAS, the landowners of the subject property failed to abate the described weed, trash_and debris nuisance within 30 days of the posted and mailed notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorized County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days of notice; and WHEREAS, as of November 08, 1989, County Road and Bridge Division abated the herein described weed, trash and debris nuisance, in accordance with Section 13-19(b), of the County Public Nuisance Ordinance; and WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinances provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolu- tion, esolution, shall assess such costs against the subject property, such costs to include an administrative fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and adminis- trative fee for County abatement of the herein described nuisance is determined to be nine thousand eight hundred seventy three dollars and six cents ($9,873.06); and WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails pay assessed cost within the thirty (30 days, a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the property, subject to twelve (12) per annum interest; DEC 10 i989 29 FOOK 1 p;',;;r i� DEC 1 t969 BOOt. 671 1 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The costs of county abatement of the herein described trash, debris and weed nuisance, totaling an amount of $9,873.06 is hereby assessed against Lot 1, Block 10 Whispering Palms Subdivision Unit No. 4, as recorded in Plat Book 5, Page 11, Public Records of Indian River County, Florida, presently owned by Malcolm S. Levy (1/3)(ET AL 711/955), whose mailing address is 812 8th Court, Palm Beach Gardens, Florida 33410. 3) The $9,873.06 assessment shall be due and payable to the Board of County Commissioners tlpirty (30) days after the mailing of a notice of assessment to the landowner(s), after which, if unpaid, a certified copy of the assess- ment shall be recorded in the official record books of the described property, subject to twelve (12) percent per annum. THIS RESOLUTION was moved for adoption by Commissioner Eggert , and seconded by Commissioner Scurlock , and adopted on the 19th day of December . 1989, by the following vote: Commissioner Gary Wheeler Aye Commissioner Margaret Bowman Aye Commissioner Richard Bird Aye Commissioner Carolyn Eggert Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of December , 1989. ATTEST: ty C er Jeffrey K. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Gary ,G. Wheeler, Chairman 30 • GIFFORD ELDERLY HOUSING REQUEST - REZONE FROM RS -6 TO RM -10 As announced at the start of the meeting, the above item was withdrawn from today's agenda by the applicant per the following fetter: • MOSE3Y 'AND AS`,(?CIATES, INC. December 14, 1989 Mr. Robert Loeper Indian River County 1840 25th St. Vero Beach, Florida 32960 Subject: Gifford Elderly Housing Southeast Capital Consulting Indian River County, Florida Engineer's Project No. 89-275 Dear Mr. Loeper: As discussed on the telephone and on -behalf of Southeast Capital Consulting, it is requested that the agenda item scheduled for the December 19, 1989 County Commissioners Meeting regarding the rezoning of the subject parcel be withdrawn from the Commissioner's agenda. Should you Very R/ RLM: ire,.fur her formation, please call. WiOY REQUEST TO REZONE FROM RS -1 TO CH - PINE LAKE ESTATES (S. KAHN) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 31 ROOK �8 r GE 672 DEC 1, Hd9 OEC 1 98Y 71, 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 yes .. ,ti •i'2'gs�4.. in the matter of T` in the Court, was pub - 1 ed in said newspaper in the issues of r `�O�T'• �` q 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 farther 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 *aid newspaper. Sworn to and subscribed before me this., - f • ay ,on e A.D. 19 (SEAL) • (Business Mapager) (Clerk of the Circuit Court, Indian Rivetr' County, Florida) ..0 - Notary Publk, Stats of Ranee Ny Wnrnieion Expires June 29. 19991 boor 78 m_,E y4s?; •DRi!^.NOTICE-pusucHEARINdaiekT'e k) ;. Notice of hearted to consider the adoptloA of -a County ordinanc9"rezoning land from:. RS -1,. I Single -Family Residential District to I3N,' Heavy, • Y Commercial District.' The subject 'property' • Is owned by Henry and Ruth Arnold and Wabaaso ° Realty,Inc. The subject property is . south., hof C.R. 512 between 10511) Avenue :106th Avenue: se• .w .if: 5 sa`'.•s :.� rr. +: The subject property Is describe!P)d alb'.:iF3't t Lots 1 thru 10. and Lots 29 6uu 35, Block D; Pine Lake Estates, Unit 1 as recorded In O.R, Book 123, Page 141, of the public records tn-• bdian River �: 0 ?4_•Ca ,. The Board of • t i ommisskmers wilt tori', ',duct ap public nt h01 ng regarding d the applicant of the dseddaalloonn and Zoning Commission• to deny the 'rezoning • rtetl�nparties Inerest and citizens ano0Aunity 10 %be heard, will be held by the Board of County:' Commissioners of Indian River County, Florida; `In the County Commission Chambers --of the • County Administration Building. located at 1840 25th Street Vero Beach, Florida on December ; 19, 1989, at 9.05 a.m. . ,.NV • ,.� The Board of County a less intense ygCommissioners may 'grandistrict than the die- .1 `• tract trequested provided It Is within the same -1 'l•general use category:.::.:+s. i'ei 'r' "1i Anyone who may wish to appeal any decision r which may be made at this meeting wUl need to ensure that a verbatim record of the proceed- Inge Is made, which Includes testimony and evi- dence upon which the appeal Is based. • Indian River County Board of County Commissioners By -scary Wheeler. Chairman Nov. 29,1989 . 833439 Director Keating made the staff presentation: 32 TO: THRU: FROM: DATE: SUBJECT: James Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keating, AIC Community Development 1' rector Sasan Rohani S.7•9- • Chief, Long -Range Planning Robert M. Loeper) Staff Planner November 28, 1989 Stanley Kahn request to rezone property from RS -1 to CH It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 19, 1989. ...DESCRIPTION AND CONDITIONS: n- f Stanley Kahn has submitted a request to rezone property from RS -1, Single -Family Residential District (up to 1 unit per acre) to CH, •;:';Heavy Commercial District. The property to be rezoned contains (approximately 3.47 acres and is located along the south side of tCounty Road 512, between 105th Court and 106th Avenue, in block D of Pine Lake Estates. The property is owned by Henry and Ruth :"Arnold and Wabasso Realty, Inc. The applicant intends to develop Y;rthe property for trades and storage warehousing. a=:On October 26, 1989, the Planning and Zoning Commission voted 5 to to deny this request. The applicant has subsequently filed an riappeal in accordance with the zoning code. •ALTERNATIVES & ANALYSIS -In this section, an analysis of the reasonableness of the appli- 'cation will be presented. The analysis will include a descrip- :tion of the current and future land uses of the site and sur - .`rounding areas, potential impacts on the transportation and -':utility systems, and any significant adverse impacts on environ- -mental quality. �SaExisting Land Use Pattern LA. The subject property is undeveloped and currently zoned RS -1. The property to the north, across CR 512, is also vacant and zoned Agricultural District up to one unit per 5 acres. Property to the east and south is within Pine Lake Estates and zoned RS -1. ;There are two relatively new single family residences located in the adjacent block to the east. Property to west, across 106th Avenue is part of Vero Lake Estates and zoned RS -3, Single -Family • Residential District, up to 3 units per acre. This area is also largely undeveloped; however, a single-family home occupies several lots at the southwest quadrant of the intersection of 94th Street and 106th Avenue. Future and Use Pattern The subjec •roperty and all property to the north, east and west is within the CR 512/I-95 Commercial Industrial Node. The southern limit of the node is 94th Street, extended. Property 9EC19Hd9 33 ��> BOOR. 78 F.. E� 4 DEC 1989 ROOK 7l FGF 675 5 south of the node is designated LD -1, Low -Density Residential 1, up to 3 units per acre. The Comprehensive Plan identifies the CR 512/I-95 node as containing 665 acres. The land use policy for commercial/industrial nodes has been to permit both commercial and industrial development with the specific use and intensity to be controlled by zoning. The location within the node, size and configuration of the property, relationship to the transportation network and sur- rounding land uses must be evaluated in the determination of the specific zoning. Thus, while the commercial/industrial node classification permits a wide variety of uses, all of those uses are not necessarily appropriate for the entire node. Transportation System The subject property has primary access on C.R. 512 which is designated as a principal arterial on the Thoroughfare Plan. County site plan regulations require non-residential developments fronting major and minor arterials to establish frontage/marginal access roads. The property also fronts 105th Court, a local road, and 106th Avenue, a collector road; both of these are nearly impassibledirt roads. Specific road and _traffic concerns are addressed in greater detail during the site plan process. Environment The Comprehensive Plan does not designate the subject property as environmentally sensitive; however, it is identified as lying within the 100 year floodplain. Utilities Public water and sewer are not available to the subject site nor are they currently programmed. The absence of utilities could provide some developmental= limitations. In reviewing this request, staff has examined the existing land use pattern and the proposed land use pattern set forth in the Comprehensive Plan. The requested zoning is a higher intensity than the current Single -Family District; however, the CH, Heavy Commercial District _ would be considered consistent with the Commercial/Industrial node land use designation. 'review of surrounding property uses indicates that little ;development has occurred in this area. The dominate land uses 'are vacant and agricultural land along with scattered residential ciuses...The node, itself, despite its strategiclocation along the ;Interstate Highway is largely vacant. Uses in the node include a gas station/snack shoppe ppe and Recreational Vehicle Park at the I-95 interchange, and two industrial operations (Hetra and Pro -Fold) in the northeast portion of the node. It is expected that the northern portion of the county will experience rapid growth over the next 20 years. Since much of this growth will occur in and around the City of Sebastian, the CR 512 link to I-95 will become increasingly important. It was the expected growth and the desire to avoid future land use conflicts that provided the impetus to expand the node to its current size. The latest expansion added the area on the south side of CR 512 to the node. Since the subject property is within the area added to the node, the propoerty's potential for commercial zoning is not in question. Instead, the issue is the type of commercial zoning that would be appropriate. This situation is further complicated by the existence of platted residential lots and streets adjacent to the subject property. 34 When the node was expanded to include residentially platted property on the south side of CR 512, 11 blocks were included in the node. The subject property is in the middle of this area. As of this time, all 11 blocks still retain their residential zoning. Due to these circumstances, the zoning granted to this property is likely to be granted to the remainder of the south side of CR 512. So if this property is zoned CH, the other property on the south side of CR 512 will probably also be zoned CH. The node is configured so that most development will occur on the north side of CR 512. The northeast quadrant, which contains in excess of 450 acres, is best suited for industrial and heavy commercial uses which require large amounts of land. Property immediately adjacent to CR 512 which has good highway visibility is better suited to other uses including: highway and tourist support uses; business and commercial services which support industrial operations; and general commercial and personal services which will be demanded by residential expansion in the area. The purpose and intent of the Heavy Commercial District is to provide areas for establishments engaging:_ in wholesale trade, major repair services and restricted light manufacturing activities. In addition, the district permits a variety of commercial uses including: business and. commercial services; eating and drinking establishments; furniture and appliance sales:; And vehicular sales, service and storage. Staff is concerned that . many uses permitted in this district are not appropriate adjacent . to single-family areas. Negative impact from these uses include -excessive ; non -automobile traffic, noise, odor ._ and non -compatibilities of scale and aesthetics with residential development. The county's requirement for a 40 foot, type A buffer between heavy commercial and single family district is evidence of this concern. Many of the potential conflicts are presently not evident because of the remoteness and lack of development in the area. These conditions are sure to change'in the future. Despite the current condition and lack of services in the residential area, major drainage improvements, paving of roads, availability of schools, including a proposed north county high school, the relative inexpensive cost of land, and location are likely to increase the area's popularity for home construction. Conclusion L 'The property proposed for rezoning is located in a largely remote and undeveloped area of the county. It is, however, at a . ;;;=strategic location given the expected growth in the northern part of the county. Specifically, the property is located in an antiquated subdivision which on the surface appears to have little _.development potential. Forces are in motion that would seem to change these conditions in the near future. '-In the past, the county has made several decisions with regard to land uses and development in this area. Most recently, the county opted to include the 1st block of the south side of CR 512 in the Commercial/Industrial node. Therefore, it has been determined that this property is not suited for residential development. In deciding the -appropriate intensity of commercial uses to be permitted, staff has considered numerous factors. Given this analysis staff concludes that the Heavy Commercial District, as requested, is not appropriate for several reasons. Adjacent residential property would be most severely impacted by the type and scale of establishments likely to take place in this district. DEO 10 1989 35 R�70K 1 O f',VA 61e C E C 1 t199`9 BOOK PGC 6 77 The residential street, block, and lot pattern that has been long established would be more amenable to less intense uses. The absolute lack of existing commercial development in the previous residential blocks and the node configuration would make it all but impossible to prevent other heavy commercial uses, once established. The expansiveness and lack of development within the node provide more than ample and better suited land for this type of use. Staff would be supportive of a less intense zoning including the CG, General Commercial District, CL, Limited Commercial District, and OCR, Office, Commercial, Residential District. These districts would provide a wide range of uses for the property that would be supportive and more compatible to both the residential area to the south and the Commercial/Industrial node to the north. RECOMMENDATION Staff recommends that the Board of County Commissioners deny the request for CH, Heavy Commercial zoning, but consider favorably a less intense commercial district. ,.. �•a: ti? :s....9 n•• i xxxxxxi xx CG. CRVP Y Y Y Y Y Y Y C.R.512 .j :j •t •I A-1 Subject Property ZONING BOUNDARY X X X NODE BOUNDARY X°'" X I I:I F: X/- X X -:,._.4 .X 010 ®IS 1 MIME Iia© rn 1E10 MCI SIS MTV ®i1. 36 m0 ®© ©EN LIEN ran MID ISO rrim IS 16 16 2 110h RS 1 ^^•i - � �• 4.. —arcc-=+ •TpT?L�_4rmF� •�r?i_ -:-; TJ916 61t:=f= : !--t`— ‘Immemmimmilmmimmir 16 Director Keating stressed that while this property is located within the CR 512/1-95 Commercial/Industrial 665 acre Node, it and the property around it, though not heavily developed, is zoned residential. He further noted that the major portion of the node is on the north side of 512, and when land was added to the node on the south side of 512, it centered around that land being used for a more retail commercial type activity rather than the more industrial activity that was intended for the northern side. Staff is concerned that the way this particular parcel goes will have a domino effect on parcels on the south side of 512. Commissioner Eggert noted that the Economic Development Council and the new industries group of the Council of 100 have been following this same kind of track and they are looking at the potential of an industrial park out there. She personally for a long time has had a problem with sticking heavy commercial in the middle of residential and her vote will reflect that. Chairman Wheeler had a question about what is allowed and what is not allowed in CH, i.e., no fast food and no drive- throughs. He wanted to know why those uses are not allowed. Director Keating explained that what the CH District is intended to create is a warehouse district or an entire manufacturing district where there are heavy uses and a lot of truck traffic. The idea is to separate out the high intensity uses such as high intensity retail or restaurants of that type. Staff is recommending that the type of uses approved here would be CG or CL which would allow high-intensity retail and drive- through type retail. Chairman Wheeler felt there is an inconsistency when you separate out fast foods and drive-throughs but put in 7-11 Stores and gas stations. Commissioner Scurlock felt all those intense uses should be included in the same group. He believed the major concern is traffic flow and having areas with good ingress and egress. 37 DEC 1S 1989 BOOK lid DEC 1 989 BOOK 78 FKL 679 Director Keating agreed. He noted that this particular parcel would allow that ingress and egress and the heavier types of volumes of traffic, and that is why staff is saying it should be a CL or CG use. The difference with CH is that it allows heavy truck traffic, noise, possibly odors, and also very probably activity in the late night and early morning hours. It has more of an adverse effect on the adjacent residential. The Chairman asked if anyone present wished to be heard. Attorney Michael O'Haire came before the Board representing Stanley Kahn, the applicant. He felt the Commission really needs to look at the area - there is practically nothing out there. Mr. Kahn's property fronts 250' on CR 512 going 660' deep to the south. Mr. Kahn is prepared to back up to CG on the south half of the property because what he has in mind for the front half facing 512 is warehousing and offices for construction trades with mini warehouses in the back. Mr. O'Haire questioned staff's contention that this property is in a residential area. He argued that though it is zoned residential, it really isn't residential. Pine Lake Estates, which consists of 80 acres, actually is an illegal subdivision; it is a "hot lot" deal that goes back to the '60's. There are no dedicated roads and no drainage facilities. It was simply a sketch of lots recorded in the Public Records and never accepted by the County for maintenance, and under the Subdivision Code, no residential building permit can be issued except for the lots that front on 512. Therefore, although the map shows it zoned residential, it cannot legally be used for those purposes. Commissioner Bird believed there have been building permits issued in Pine Lake Estates; there are homes there; and title insurance companies have issued policies on those residences. Attorney O'Haire agreed that is true but contended those homes shouldn't have been built and they are illegal. He continued that this property because of its proximity to 1-95 interchange is exactly what his client has in mind for the 38 construction trades to be able to access both the north and south ends of the county, and he felt if the county continues to issue permits to build out there, it is backing itself into an old, old problem in regard to an obligation to maintain streets and provide drainage and all the other services. Mr. O'Haire did not think that within the next 20 years, you will see anyone who perceives enough single family residential out there to go all over to try to put together a block of these lots to subdivide them. He stressed that there already are industrial uses across the road. There are only a few isolated homes out there, and the idea that there will be a demand for retail uses out there in the near future is ridiculous. There is not the population to justify it nor the tourist traffic. Mr. O'Haire contended that what does make sense is for the small tradesmen to have access to the north/south high speed route through the county. Commissioner Scurlock felt possibly the county should take the lead in creating some vehicle to legitimatize this subdivi- sion because this problem is not going to go away. Commissioner Bird pointed out that, right or wrong, the County does maintain some roads in there, and he felt that actually Pine Lake Estates is a big subdivision right in the middle of a bigger subdivision, Vero Lake Estates. Director Keating confirmed that Pine Lakes Estates is a complicated situation. We do have a plat that was put into the public records, and he believed it is an unaccepted recorded plat. It was recorded as a sketch and did not meet the platting ordinance when it was recorded 30 years ago. The situation Mr. O'Haire references is the contract -for -deed situation where the lots actually weren't created until people conveyed them. Discussion continued, and it was noted that the property in question is located about 2,000' east of 1-95. Commissioner Scurlock emphasized that he is not interested in creating another Heavy Commercial district in close proximity to an area that is at least partially residential. DEC 10 'I989 � J 39 POOK f!C F:jF. 636 DEC 1j89 BOOK 78 FGE 681 Commissioner Bowman did not feel that we would want residential on the south side of 512 looking over to all the Heavy Commercial on the north. She felt this property should be some sort of commercial rather than residential. Juanita Honeycutt, Broker for Wabasso Realty, next came before the Board. She stated that only two houses have been built on the residential property near the subject property. One she sold to Miss Westphal and Miss Hunter, and she was surprised when they appeared at the P&Z hearing and took an adverse stand against the proposed rezoning because when she sold them that property, she very carefully explained that it was zoned for commercial/industrial; that it was in the node and would be developed as such; and they said fine because they did not want too many neighbors. The other house she sold to Mr. Richard Chandler. He has two Tots to the north of his home that are in the node, and he is happy to have them in the node and expects one day to develop them for a commercial use. To the north of Mr. Chandler is another parcel of about 11 acres that she sold to Cyril Miller, and Mr. Miller called her from the north and said he recently had a buyer for his property but they were denied a site plan approval because there are no roads to the property. As to the statement that some roads are being maintained by the County in Pine Lake Estates, Mrs. Honeycutt stated that the only roads maintained by the County are 104th and 106th Avenues, and they are in Vero Lake Estates Subdivision. Commissioner Bird believed those streets are on the border and separate Pine Lake Estates from Vero Lake Estates. Mrs. Honeycutt agreed, but emphasized her point is that while the houses that are there probably shouldn't have been built, now they are denying permits to build in there. Chairman Wheeler did not feel it is realistic that property along 512 will be a prime residential development area. Mrs. Honeycutt further noted that you don't have to have any business out there to draw truck traffic; semis already come off 40 1-95 in a stream. She emphasized that what Mr. Kahn is proposing is a very beautiful site plan with a row of offices in the front, trades warehouses behind that and mini -storage in the back, and what he does is first class. Commissioner Eggert pointed out that although what Mr. Kahn is proposing may be beautiful, we cannot take that into consid- eration on a rezoning. Commissioner Bird wished to know just what staff envisioned when they included this property in the node. Director Keating advised that it was envisioned this would be the commercial part of the node, not heavy commercial (CH), which is almost industrial, but preferably CG or CL. He further explained that in CH you can have a lot of heavy uses - fuel related services, contractor's trade services, marine and vehicle repair services, warehousing, moving and storage, printing and publishing industries, etc. It is close to industrial. CG is more retail in nature, and you can have everything from a conven- ience store to a shopping center, and mini -storage. Commissioner Bird noted that actually mini -storage is a very quiet activity, and he wished to know if staff would support CG on this property, but not CH. Director Keating confirmed that staff would support CG. Commissioner Bird asked Attorney O'Haire if his applicant is adamant about wanting CH or nothing, and Attorney O'Haire noted that this is an old dilemma. His client has a specific use in mind for the property, but do you take half a loaf or none. They had envisioned half a loaf being the south half CG and the remainder fronting on 512 CH, which seemed like a reasonable compromise. If the option is only CG, however, he does not want to leave with nothing. Board members indicated they would go along with the CG zoning for the entire parcel. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. 41 BOOK. 78 P,:GF.682 DEC 1 1989 � J DEC 1 d'9b9 BOOK / FA.vE �c Chairman Wheeler further discussed splitting the zoning on the property and asked if staff would feel uncomfortable with them supplying a buffer of CG on the back of the property. Director Keating still felt that keeping the industrial type uses to the north of 512 would be preferable. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously denied the request for CH and adopted Ordinance 89-34 rezoning the whole tract to CG. ORDINANCE NO. 89- 34 N AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -1, SINGLE-FAMILY RESIDENTIAL DISTRICT TO CG, GENERAL COMMERCIAL DISTRICT, FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CR 512, BETWEEN 105TH COURT AND 106TH AVENUE, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency and subsequently made request; and WHEREAS, The on such matters, has held a public hearing a recommendation regarding this rezoning Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE Commissioners of Indian the following described Florida, to -wit: - IT ORDAINED, by the Board of County River County, Florida, that the Zoning of property situated in Indian River County, 42 Lots 1 thru 10, and lots 29 thru 35, Block D, Pine Lake Estates, Unit 1 as recorded in O.R. Book 123, Page 141, of the public records of Indian River County. Be changed from RS -1, Single -Family Residential District to CG, General Commercial. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board o Indian River County, Florida, on this 1989. This ordinance was advertised Press -Journal on the 29th day of Nov hearing to be held on the 19th day of time it was moved for adoption by seconded by Commissioner Eggert , and vote: Chairman Gary C. Wheeler Vice Chairman Carolyn C. Eggert Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock f County Commissioners 19thday of Dec. of in the Vero Beach , 1989, for a public Dec. , 1989, at which Commissioner Scurlock , adopted by the following Aye Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY REQUEST TO VACATE SUNSHINE QUALITY HOMES, UNIT 2, PLAT As announced at the start of the meeting, the above advertised public hearing was withdrawn the request of the applicant. from today's agenda at AMENDING ORD. 83-21 - SOUTH BEACH RECREATION MSTU The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: DEC 10 1989 L_ 43 BOOK. 10 rAGE.684. DEG 1 H89 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • - Before the undersigned authority 'personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of 3. ge...q...g/ in the Court, was pub - fished in said newspaper in the issues of //�A4lX74, ) i7 fr • Affiant further says that the said Vero Beach Press -Journal is a newspaper published at ;Nero Beach, in said Indian River County. Florida, and that the said newspaper has heretofore been continuously published in said Indian Rtver County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Court• 1y. 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. Sworn to and subscribed before me th1 (SEAL) St." (Clerk of the Circuit Court, I dian Riv, County, Florida) r 6 FADE 6b k tt 't`+"firvrc:. ` I:y . I;oThe marmot County Commlaaloners.'+r; "Indian River Camtt, Florida, hereby pro f A r,Vidas notice of_a PubIic Hearing eched',d..- T4' Med for 9'OS A.M.an Tuesday.Deoem + . ber 18 1989 to discuss • r o o rdi•4 = `'mance entllted:.:^ il�r,. , ;•+ q:. to AN. • ORDINANCE' OF ,.INDIAN iilVEF cr t. COUNTY=.:uEI,ORIDA;:AMENDING ORM..'` !' rNANCE ,NSJ.•; X21 ' WHICH' CREATED':" -' T}{E• SOUfl4 BEACH "RECREATION. PATH.) MUNICIPAL ' SERVICE '.•••••07..,._ UNIT PROVIDING A CHANGE OF NAME' ty :Z' '4J OF THE DISTRICT." • PROVIDING :'AU -AM': 'r THORITY FOR THE bISTRIC TTO FUND;.' : fraf.THE. RECREATION PATH BY, SPECIAL'' `J: C•; ASSESSMENTIN UEU OF OR IN ADDI-! t • . TION TO TAXES: AND PROVIDING AN n: EFFECTIVE DATE. 1fn:sasvizartii.•.: asio «mal.?ri:'gt%.•1- one°wfhomay Wish' ta :appeal 'arty decisiori wh may be made at this meeting will need to. ensure that a verbatim record of the proceedings la made, which includes testimony and evidence upon which the appeal Is based.v c:;3zM :: ••` Nov. 30:1988' •il v�.�it' it ri,:iA14.0A& t834iy13• Attorney Vitunac reviewed the following memo: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: RE: SOUTH BEACH BIKE PATH December 4, 1989 PUBLIC HEARING 12/19/89 At the request of Commissioner Dick Bird, the Board of County Commissioners authorized this.pffice to prepare an amendment to the ordinance creating the South Beach Recreation Path MSTU, which amendment would provide that the unit would also be a municipal service benefit.unit so that the district could assess the costs for construction of a bike path by special. assessment rather than by ad valorem taxes. 44 This matter is before the Board today for a public hearing to adopt the authorizing ordinance. The adoption of this ordinance does not implement the bike path construction project. That would be an a matter for an additional public hearing before the Board under the special assessment procedures of County -ordinance. The ordinance is ready for adoption. Commissioner Bird noted that this is just an interim step that is needed to get ourselves in a position to be able to take action on this in the next budget year. He believed there are some ladies in the audience who are very interested in moving forward in the creation of a recreation path from the south City limits down to the southern edge of The Moorings, and they are working very hard to get support from residents in the area. We need to amend the current ordinance in order to be able to act favorably on this on a per parcel basis if they are successful in their petition. Commissioner Scurlock noted that, in other words, this is not a final action to set an assessment, and this was confirmed. Commissioner Bird further clarified that there is a critical timing factor, and Attorney Vitunac agreed that the Property Appraiser wants these MSTUs in place by January 1st. Commissioner Scurlock stated if all this does is add some flexibility and it is not a final decision, he will support it. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. Commissioner Bird wished to know if it is possible that any federal funds might be available for this proposed project on a safety type aspect. Director Davis advised that the DOT just included the A -1-A widening project from Beachland Boulevard to the South City limits in their 5 year plan, and while that possibly could receive some funding, he doubted it would extend beyond those limits. DEC 10 1989 45 E�oo� Ea 6S6 DEG i i989 ROOK /8 PAGE 687 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously adopted Ordinance 89-35 amending Ordinance 83-21 by changing the name of the South Beach Recreation MSTU and pro- viding authority for the District to fund the recrea- tion path by special assessment. ORDINANCE NO. 89 - 35 Al'A ORDINANCE OF INDIAN RiVEt< COUNTY, FLORIDA, AMENDING ORDINANCE NO. 83-21 WHICH CREATED THE SOUTH BEACH RECREATION PATH MUNICIPAL SERVICE TAXING UNIT; PROVIDING A CHANGE OF NAME OF THE DISTRICT; PROVIDING AUTHORITY FOR THE DISTRICT TO FUND THE RECREATION PATH BY SPECIAL ASSESSMENT IN LIEU OF OR IN ADDITION TO TAXES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County created a Municipal Service Taxing Unit (MSTU) to fund the construction of a recreation path for the South Beach area; and WHEREAS, the path has not been built, in part because of the disparity in assessed values of certain properties would have certain people paying substantially more taxes towards the construction of the bike path than others; and WHEREAS, residents of the district feel that a special assessment based on a per -parcel assessment or similar other reasonable formula would be more fair than an ad valorem millage rate; and WHEREAS, this amendment will change the powers of the South Beach Recreation Path MSTU toone which would authorize funding by special assessment, NOW, THEREFORE, BE IT ORDAINED by Indian River County, acting through its Board of County Commissioners, that: SECTION 1. CHANGE OF NAME OF DISTRICT Ordinance No. 83-21 shall be amended by replacing the phrase "South Beach Recreation Path Municipal Service Taxing Unit" wherever it is used in the ordinance with the phrase "South Beach Recreation Path Municipal Service Taxing or Benefit Unit." 46 SECTION 2. ADDITION OF SPECIAL ASSESSMENT POWERS A new section shall be added after Section 4 of Ordinance No. 83-21 to read as follows: "Section 4-A. Special Assessment Powers In lieu of or in addition to the power to fund the expenses of the district by taxes, the South Beach Recreation Path Municipal Service Taxing or Benefit Unit shall have the power to fund the expenses of the district from special assessments of property within the district, pursuant to the method authorized by Chapter 125, Florida Statutes and other state law, and by county ordinances adopted pursuant to state law. This authority shall include the power to specially assess property on a per -parcel or portion of parcel assessment basis." SECTION 3. EFFECTIVE DATE This ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 19th day of December , 1989. This ordinance was advertised in the Vero Beach Press Journal on the 30th day of November , 1989, for a public hearing to be held on the 19th day of December, 1989, at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Eggert and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 47 c Gary . Wheeler Chairman DECPr- 12 1989 RETIREMENT PLAN (COUNTY ADMINISTRATOR) �7-� � BOO / 8 f':, 6S . Administrator Chandler reviewed the following, emphasizing that the expense with either plan is the same: TO: Board of County Commissioners DATE: December 12, 1989 FILE: "%I•James E. Chandler - County Administrator SUBJECT: RETIREMENT PLAN REFERENCES: 'tT As explained in the attached, the Legislature modified various provisions of 'the Florida Retirement System (FRS) pertaining to certain positions, including s County Administrators. The individuals specified can withdraw from FRS and • participate in an annuity program. The contribution rate by the County is the same as continued participation in the FRS. Aetna has an annuity �`. program that meets the State criteria and is also provided for certain State employees. I would request approval to withdraw from the FRS and participate in the Aetna annuity- program. If approved there will be no change in expense to the County. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized Administrator Chandler to withdraw from the FRS and participate in the Aetna annuity program. INTERIM ASSISTANCE AGREEMENT (SUPPLEMENTAL SECURITY INCOME FOR DISABLED) The Board reviewed memo from the Director of Welfare: 118 TO: James Chandler County Administrator DATE: December 11, 1989 FILE: SUBJECT: INTERIM ASSISTANCE AGREEMENT FROM: Joyce ire tor. of Wel are REFERENCES: A copy of the Agreement for. _ Reimbursement to State for Interim Assistance Payments is attached for signature. Please place the Agreement on the Consent Agenda of the. Board of County Commissioners meeting for January 2, 1990. . The agreement is needed to continue the Indian River County SSI program. This program provides cash assistance to low income residents during the Social Security applicationprocess for disability. Upon approval of the application by the Social Security Administration, Indian River County Welfare Department is reimbursed for assistance provided to the client during the application process. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized the Chairman to execute Agreement with the DHRS for Reimbursement to State for Interim Assistance Payments as explained above. COPY OF PARTIALLY SIGNED INTERIM ASSISTANCE AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. WORKSHOP W/CONSULTANT FOR MASTER PLAN FOR COURTHOUSE DOWNTOWN AREA Administrator Chandler suggested dates for scheduling a workshop with the consultant regarding the alternatives they are coming up with for the Courthouse Master Plan. After some discussion, a workshop was scheduled for Thursday, January 11, 1990, at 9:00 A.M. 49 POOK Pau. 690 ;DEC i D E C iVi 78 BOOK P,,.GE 691 NORTH COUNTY OFFICE SPACE The Board reviewed memo from the General Services Director: DATE: TO: THRU: FROM: SUBJECT: DECEMBER 8, 1989 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES NORTH COUNTY OFFICE SPACE REQUIREMENTS BACKGROUND: As instructed by the Board, staff has looked at various alternatives for office space in the north county that could be used by the constitutional officers. In the process it was imperative that we contact the various offices to ascertain their individual requirements. Property Appraiser - David Nolte is currently using the Sebastian City Council Chambers one-half day per week. He would require approximately 400 square feet of office area full time and twice a year an additional conference room type area to accommodate the public during tax time. It is his plans to share an area with the Clerk of the Court for space needs above the 400 square feet. David (does not anticipate an increase in area need by 1995. - - �` Clerk of the Court - Jeff Barton does not presently occupy any space in the north county. He would like to have 1,600 square feet now and '.`share 400 of that with the Property Appraiser. Barton anticipates a need of 1,650 square feet for his needs in 1995 not including the 400 feet shared. -This space would be used on a daily basis. ?Tax Collector - Gene Morris is currently leasing 2,500 square feet in Sebastian. This area _is sufficient forhis operations. Similar space would suffice if it was'in the same physical shape as what he now occupies. He does not anticipate any increase in area by 1995. Morris uses his space on:a daily basis. Supervisor of Elections - Ann Robinson does not currently occupy any space in the north county. She needs approximately 800 square feet which will increase to 1,200 square feet by 1992. In 1995 Ann anticipates a need of, 1,500 square feet. She has no objections to sharing a large area with other constitutional officer(s). This space would be used on a daily basis according to Ann. .�'.> 34 Sheriff - Tim Dobeck currently occupies 1,125 square feet of office s ace at Washington Plaza in Sebastian. He has increased personnel LI•tin that office and needs a total of 2,200 square feet now. In 1995 he anticipates the need to be approximately 4,500 square feet. The s ''space.is used daily. His present needs do not require outside storage space. J. Veteran Services - This office has been furnished space by the City =:of Sebastian. We were put on notice by the City that they need this space for their requirements. This office needs approximately 4,000 square feet for their operations. 50 Occupied (presently) Present Needs 1995 Needs TOTAL OF ABOVE 3,625 Square Feet 11,500 Square Feet 14,950 Square Feet tECOMMENDATIONS: Several parties have expressed an interest in leasing space. Staff recommends that a Request For Proposals be all interested parties. Proposals would be accepted offering to lease space to the county. At the same time be looking at property for sale that could be renovated to meet our space needs. There has been one property owner that has offered to building to the county which would meet our requirements. alternative that will be investigated and reported. the office sent out to from anyone staff would or built on sell their This is an .It is anticipated that staff would be back to the Board about the first of March with our findings and recommendations. Administrator Chandler informed the Board that there is an error in the memo regarding the space required by Veteran Services. The memo cites it as 4,000 sq. ft., and actually it should be 400 sq. ft. This will affect all the totals. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized staff to sent out RFPs as recommended and also continue to look at property that could be renovated or built on and report back. APPROVE CONTRACT FOR NORTH COUNTY COM. LIBRARY CONSTRUCTION The Board reviewed memo from Library Project Manager Lynn Williams: DEC 1:) 19b9 51 EkOOK [AU 692 DEC abb ======= _________ • = = ==== = ========== _______ TO: JAMES CHANDLER COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN, DIRECTOR 1' /� DEPARTMENT OF GENERAL SERV/ S FROM: LYNN WILLIAMS, PROJECT MANAGER NORTH COUNTY COMMUNITYLI�: DATE: DECEMBER 12, 1989 SUBJECT: APPROVAL CONTRACT NORTH COUNTY COMMUNITY LIBRARY BID #90-25 =========_______ == == ____ DESCRIPTION AND CONDITIONS: Bid #90-25 (North County Community Library Construction) is.. scheduled for approval at the regularly scheduled meeting .of ..December 19, 1989. The attached contract for $997,700.00 between :$chopke Construction, Inc. and Indian River County includes --all 'required -references and notations, for the construction of the .tit a , Library as per plans and specifications provided by Stottler 'Stagg & Associates. :.The State of Florida Division of Library Services Grant Agreement ;;;which provides $200,000.00 in funding for this project requires award of this contract: -..within 270 days of the effective date of '..the grant. The contract should be awarded prior to December 31, -1989, to avoid extension of the grant agreement. ALTERNATIVES AND ANALYSIS: -- -- Staff.. requests authorization for the Chairman to sign the Contract documents for the North County Community Library Construction Contract Bid #90-25, upon execution by Schopke Construction. RECOMMENDATION AND FUNDING: ,`Staff recommends approval of the contract documents for the Main ;Library between Schopke Construction and Indian River County. .Funding budgeted amount is $1,266,575.00 and from account #322-112-571-066.51. Project Manager Williams advised that the recommendation in the memo should be corrected to read "approval of contract documents for the North County Library." 52 DEC IJ ':989 pooK 78AGE 69 TREASURE SHORES PARK & REC. AREA - FINAL PAYMENT FOR COMPLETION OF DNR PERMITTING The Board reviewed memo from the Public Works Director: TO: FROM: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director SUBJECT: Treasure Shores Park & Beach Recreation Area Completion of DNR Coastal Construction Permitting - Final Payment DATE: December 7, 1989 DESCRIPTION AND CONDITIONS In accordance with the Contract between Brad Smith Asociates, Inc. and Indian River County, the DNR Coastal Construction Permit Application has been submitted_ and the permit has been issued. Attached is a final -invoice requesting payment for professional services rendered. RECOMMENDATIONS AND FUNDING Staff recommends payment of attached invoice in the amount_ - of $750, funding from account 001-210-572-033.13. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously authorized payment of the following invoice from Brad Smith Associates, Inc., as recommended by staff: Brad Smith Associates, Inc. . WA RAMMING ■ LANDSCAPE ARCHITEC*URR INVOICE DATE: . { December 4, 1989 PROJECT: Treasure Shores Park & Beach Recreation Area INVOICE • BILLED TO: • 89-1001(2) • •Indian River County - ` 1840 25th Street Vero Beach, FL 32960 Attic Jim Davis TOTAL CONTRACT AMOUNT: • PROFESSIONAL SERVICES RENDERED AS FOLLOWS: Completion of DNR Coastal Construction :c. Permitting • - TOTAL Balance on Contract (Unbilled) PAYMENT DUE UPON RECEIPT OF INVOICE VT) 724-1038 0 827 East Strawbridge Avenue o Melbourne. Florida 32901 54 $18.550.00 $750.00 $750.00 $0.00 $750.00 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the the Chairman to execute Construction, Inc., for Board unanimously authorized contract with Schopke construction of the North County Community Library as recommended by staff. SAID CONTRACT ON FILE IN THE OFFICE OF CLERK TO THE BOARD. CLOSE PORTION OF 40TH CT. AND 1ST LANE FOR NEW YEAR'S EVE The Board reviewed memo from Public Works Director Davis: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., di Public Works Director SUBJECT: Request to Close a Por ion of 40th Court and a Portion of 1st Lane for New Years Eve REFERENCE Ll'11'hit: Norman W. Hensick, Jr. to Jim Davis dated December 11, 1989 DATE: December 11, 1989 DESCRIPTION AND CONDITION Residents in Woodlands Subdivision have requested per- mission to close a portion of the street for a New Years Eve Street Dance. Streets affected would be the north part of 40th Court and a portion of 1st Lane from 7:00 PM until 1:00 AM on December 31, 1989. Staff has no objection to this request, provided that: 1) Proper barricades as permitted Engineering Division are installed. 2) A block representative be listed as charge of the event in case the by the Traffic a contactperson in_ road needs to be opened. Access to emergency vehicles be maintained. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously granted permission for the closing of the streets as requested above subject to the conditions set out by staff. 53 DEC 2 1989 RESOLUTION IN SUPPORT OF SHERIFFS LAWSUIT RE EARLY PRISONER RELEASE Sheriff Dobeck came before the Board to answer any questions regarding the proposed lawsuit against the D.O.C. Attorney Vitunac asked what the effect will be on our local jail if the Sheriffs win their lawsuit. Sheriff Dobeck felt that win or lose, it will cause the local jails to have fewer prisoners in them. He noted that the D.O.C. would have us believe that they have placed 800 million in their budget to build our way out of this problem, but what they are not saying is that if they don't build these jails on a state level, they are going to force us to build them on a local level. That is what has happened during the last 8 years. We have been forced by the lawsuits the state has filed against us to build bigger jails to ease the overcrowding caused by growth in the state. It seems reasonable to him that these jails should be built on a statewide level because if we are taxed statewide, everyone pays. If they are not built statewide, it will come back to the local taxpayer of each county that has that growth, and it will be more expensive to us on a local level. Chairman Wheeler agreed that something has to be done, and felt strongly that what is proposed is long overdue. He has read figures showing the cost of keeping someone in prison a year is $25,000 while the cost of having that same individual on the streets can. get as high as $430,000 a year. Sheriff Dobeck agreed that a substantial amount of money is being spent on the additional crimes these individuals commit outside of prison. He also stressed that every month an addi- tional 90 days is removed from the sentences of those already serving time. The lawsuit is very specific in that the Sheriffs believe that the Secretary of the D.O.C. is commuting sentences, and this goes directly against the constitution of the State of Florida, which specifically says that only the Governor and DEC 10 1989 55 BOOK rAGE.696 !' ROOK 78 F;P,,[ 6977 Cabinet have the ability to commute sentences. The Sheriffs are asking that be put to a stop. Commissioner Bird asked if the Sheriff is requesting that we join in the lawsuit or just support it by virtue of the Resolution, and Sheriff Dobeck stated that he is asking that the Board support the Resolution and forward it to the Governor and the D.O.C. Chairman Wheeler stated that he would also like to send a Resolution to the League of Counties and ask them to support this as he felt strongly that something has to be done. Commissioner Scurlock wished to address the following remarks in Sheriff Dobeck's letter dated December llth: The consequences of early release impact every citizen in this state. When we in law enforcement are fortunale to re -arrest those who have committed crimes after being released early from the state prison system they are held . In . the county jail pending trial. In many counties these prisoners contribute to overcrowding at the county jails. In some instances the. Department of Corrections sues to enforce state mandated standards. You should be aware that the standards which the state enforces against the counties are more strict than the standards imposed by the federal government against the stale. As a result of this counties are forced to build bigger jails. Taxpayers are asked to approve increased sales and advalorern taxes to support bigger, jails. On l)crenrbcr 6, 1989 the Press Journal printed an article quoting Commissioner Scurlock saying, "IOC and the sheriffs are to blame for the crowding of county jails." Ile was further quoted that "Sheriffs write 80 per -cent of the administrative rules the DOC uses to inspect jails for deficiencies—everything from guard -to -prisoner rotation to living conditions." must apologize that I am • not familiar with the process Mr. Scurlock speaks about. The 1)OC and legislature are solely responsible for the authorship of the laws, rules and regulations the sheriffs are bound. by in the operation of their facilities. And, yes, Florida sheriffs are contributing to the overcrowding of our jails by arresting criminals, a practice we will continue. Don't you agree it's Lime now for convicted criminals to serve their full sentence. •As a Florida sheriff 1 believe we must be given the opportunity to become more involved with this process. 1 iow much is enough? so • Commissioner Scurlock noted that when we first started in on the various phases of the Jail, we at one point were told by our architects and Michael Wright, the Administrator at the time, that we would get preapproved staffing and manning levels from D.O.C. prior to the construction of the Jail. He believed 23 was the number agreed upon, and then we subsequently found that a higher staffing level was being required. Commissioner Scurlock noted that he personally made some very strong comments about the D.O.C. changing the rules of the game after pre -approval, and a 56 gentleman from the D.O.C. contacted him and told him that he knew nothing about jails and that his comments were somewhat incomplete. Commissioner Scurlock advised that he continued to defend his position, and they pretty much backed away. As a part of those discussions, however, he was told by that D.O.C. representative - whose name he does not have right now, but he can get it - that approximately 80% of all the rules and regulations that relate to local prisoners were determined by the Sheriffs' comments and their recommendations to the D.O.C. His comments that were quoted in the paper, therefore, came from an official of the D.O.C. Commissioner Scurlock did not know if that statement is correct or incorrect, but that is what he was told - that the local sheriffs make "80% of the rules." Sheriff Dobeck advised that, speaking as president of the Florida Sheriffs' Association, he could state that the sheriffs had no input on those, and they have not in the 10 years he has been Sheriff. Those rules (33-8) are put together by the D.O.C., and the sheriffs are bound by them as the County Commission is bound. Commissioner Scurlock reiterated that this statement was made to him by a D.O.C. official, and Sheriff Dobeck is now refuting that. Sheriff Dobeck stated that he would be glad to contact that individual. He further noted that part of the intent of the Sheriffs' suit is to eventually go after the 33-8 standards that have put a stricter standard statewide on the local sheriffs and county commissioners than the federal government puts on the state. The sheriffs are trying to get more latitude as to what we have to build and the various regulations we have to go by. Commissioner Eggert agreed that some intense pressure must be exerted to do something about this situation,especially if the D.O.C. is indeed blaming the sheriffs, and Sheriff Dobeck commented that it appears they are trying to "divide and conquer." DEC iJ 1989 57 Book. 78 F'",;x.698 bLi EOOK 8 Pa 69S Commissioner Scurlock next commented on the statement in Sheriff Dobeck's letter to Chairman Wheeler dated December 11, 1989, that "only 4% of Indian River County ad valorem taxes is spent on corrections." Sheriff Dobeck explained that is operationally. It does not relate to construction, and he believed they got that figure from OMB Director Baird. Commissioner Scurlock stressed that according to the numbers he has run, it is more like 21% of the General Fund. The 4% number is not correct. Sheriff Dobeck repeated that he was supplied that number by staff and explained that his intent was to point out that we are considerably lower -than the percentage in other counties. Discussion continued regarding the percentage of ad valorem taxes spent on Corrections, which Commissioner Scurlock believed was more than 20%. OMB Director Baird advised that based on what the Board of County Commissioners gets in ad valorem taxes, the Jail has a budget of $4,760,665, and that is 17.15%. Commissioner Scurlock pointed out that figure does not include the building and grounds expense or debt service, and he believed it all ends up around 21%. Sheriff Dobeck clarified that the figure he got took in all of the county ad valorem taxes, not just those levied by the County Commission, and OMB Director Baird commented that it is roughly 4% of the total county budget including capital projects, enterprise funds, etc. Commissioner Scurlock did not feel you can do it that way and emphasized that he wants the number to be right when it is conveyed in a letter. Sheriff Dobeck confirmed that they took the total ad valorem taxes (a total of all taxes in the county) and compared it to the total in the other counties he mentioned. 58 Commissioner Bird felt it is hard to believe that in Orange County a total of 35% of the county ad valorem taxes is used for Corrections, and Commissioner Eggert felt that it is even harder to believe it is 82% in Levy County. It was noted that you can make numbers say anything, and Director Baird pointed out that other counties may have used General Obligation bonds to build their jail and not voted in a tax as we did, and that would have upped their percentage con- siderably. Commissioner Scurlock continued to stress the need for the most accurate comparable number we can get. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Resolution 89-157 lending support to the lawsuit, but not entering into the litigation. RESOLUTION NO. 89- 157 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS, TO THE FLORIDA ASSOCIATION OF COUNTIES IN SUPPORT OF A LAWSUIT FILED IN THE SECOND JUDICIAL CIRCUIT ON BEHALF OF THE SHERIFFS OF 56 FLORIDA COUNTIES ASKING FOR A DECLAR- ATION THAT EARLY RELEASE PROVISIONS OF FLORIDA LAW ARE UNCONSTITUTIONAL. WHEREAS, the counties in Florida, and the state of Florida itself, are experiencing a severe overpopulation of prisoners caused by both rising crime related to drugs and by insufficient funding of prison and jail construction; and WHEREAS,.as a result of this overcrowding the state has enacted various and several provisions of state law which authorize early release of prisoners under certain conditions; and WHEREAS, these early release provisions have lead to a "revolving -door" system of justice in which prisoners, if they serve any time at all, serve only a small fraction of the time which they should as punishment for the crimes they have committed; and 59 DEC 10 `S8O ETU pri,700 WHEREAS, this system creates a lack of respect for law and endangers the public health,• safety, and welfare by letting people who should be in jail back on the streets where they will have additional opportunities to harm the public; and WHEREAS, the sheriffs of 56 counties in Florida believe that the Constitution of the State of Florida prohibits the enactment of these early release provisions by the Florida Legislature; and WHEREAS, Indian River County agrees with the sheriffs and would strongly urge that additional prisons be built at the state level so that dangerous criminals will not be turned loose to terrorize the citizens of Indian River County and the state, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board respectfully requests the Florida Association of Counties to lend its support to the lawsuit attached to this resolution filed on behalf of 56 sheriffs of the state of Florida. 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 K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of December; 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ary heeTer Chaff an RESOLUTION 89-157 WITH ATTACHMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 60 Commissioner Scurlock left the meeting at 10:25 o'clock A.M. REDUCTION OF LETTER OF CREDIT FOR LAKE IN THE WOODS DEVELOPMENT County Attorney Vitunac reviewed memo from Assistant County Attorney Collins: TO: The Board of County Commissioners FROM: William G. Collins 11 - Assistant County Attorney DATE: December 12, 1989 SUBJECT: Reduction in Letter of Credit Posted by Waterford Associates for the Lake in the Woods Development A letter of credit secured the construction of marginal access/frontage roads and sidewalks along Route 60 and 16th Street, by Waterford Associates, the developers of Lake in the Woods. Waterford Associates are no longer managing the project. The project is being directed by the Poughkeepsie Bank of New York, the institution that issued•the letter of credit. Poughkeepsie Bank of New York has requested through their attorneys, McKinnon, Stewart & Nall of Vero Beach, a ::.reduction in the amount of the letter of credit. - ````A reduction in the letter of credit amount is appropriate isince at the time the letter of credit was originally ;;=posted, the County required the construction of ;..:frontage/marginal access roads for residential projects. We i, no longer require frontage/marginal access roads in ,::residential projects. Thus, the original $49,355.70 bond can be reduced by the amount of $28,635.00 which was escrowed for frontage roads. RECOMMENDATION Authorize the Office of Management and Budget to notify Poughkeepsie Bank of New York that the letter of credit posted on behalf of Waterford Associates for the Lake in the Woods project may be reduced by the amount of $28,635.00, which sum is attributable to frontage road requirements no longer required by County ordinances. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) adopted Resolution 89-158 reducing Letter of Credit for Lake in the Woods Development as recommended by staff. 61 5EC is 1989 fkLC' . 78 FA �E. X044 ROOK RESOLUTION NO. 89- 158 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ALLOWING FOR A REDUCTION IN POSTED SECUjITY FOR FRONTAGE ROADS AND SIDEWALKS AT' LAKE IN THE WOODS PROJECT. /8 F,CE 703 WHEREAS, Waterford Associates posted Letter of Credit No, 1987-1015 on September 29, 1987 as amended on October 8, 1987; and WHEREAS, said letter of credit secured the installation of a 4 -foot sidewalk along 16th Street and a 4 -foot sidewalk along State Road 60 and the installation of frontage roads along State Road 60 at the Lake in the Woods project as required under Site Plans SP -MA -85-08-94 and SP -MA -85-12-143; and WHEREAS, Indian River County has since amended its ordinances to delete the requirement of installation of frontage roads in residential projects; and WHEREAS, the Poughkeepsie Savings Bank, FSB is now the developer of the project and has requested a reduction in the amount of the letter of credit in the amount attributable to frontage roads no longer required, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. Indian River County hereby waives its rights to draw on Irrevocable Letter of Credit and Agreement No. 1987-1015 dated September 29, 1987 as amended October 8, 1987 to the extent of $28,635.00 which amount was attributable, to frontage roads no longer required in association with residential projects. 2. Indian River County retains the right to draw on Letter of Credit No. 1987-1015 dated September 29, 1987 and as amended October 8, 1987 to the extent of $20,720.70, which amount is attributable to sidewalk installation costs along 16th Street and State Road 60 at the Lake in the Woods project. 62 3. The Indian River County Office of Management and Budget is authorized to notify the Poughkeepsie Savings Bank, FSB located at 21 Market Street, Poughkeepsie, New York 12602 of Indian Rver County's consent to the reduction in the amount of the Letter of Credit No. 1987-1015 to the amount of $20,720.70. This resolution was offered by Commissioner and seconded by Commissioner Bird , and Eggert upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Absent The Chairman thereupon declared the resolution duly passed and adopted this 19th day of December, 1989. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Gary Crl Wheeler, Chairman RELEASE OF CASH DEPOSIT ESCROWED BY HALE INDIAN RIVER GROVES The Board reviewed memo from Attorney Collins: TO: The Board of County Commissioners FROM: Lv William G. Collins II - Assistant County Attorney DATE: December 11, 1989 SUBJECT: Request for Release of Cash Deposit from Escrow by Hale Indian River Groves, Inc. On September 5, 1989 Hale Indian River Groves, Inc. entered into an agreement with Indian River County under which they escrowed $55,940.60 as security for the construction of required improvements as a condition of the issuance of a Certificate of Occupancy for Phase I of a project known as Hale Groves U.S. 1 Distribution Complex. OEC, i LlooF 78 PAGE 704 DEO 039 ROCK PAGE itikj Under the terms of the agreement, the developer was to construct Phase II improvements including demolition of an existing structure, construction of stormwater management ,..tract and littoral zone, landscaping, installation :of :'drainage pipes and associated improvements, and closing a temporary driveway and installing a permanent drive and loading area facilities by November 1, 1989. The developer has constructed all the required improvements and now has requested a disbursement of the funds held in escrow to secure the performance of this work. Under paragraph 3 of the escrow agreement, within 7 days of a request for disbursement the Public Works Director causes an inspection .of the work and, if satisfied in all respects with the work, the accompanying cost estimates and certifications, the Public Works Director recommends to the Board of County Commissioners on their next agenda approval of the disbursement. The approval is by resolution of the Board, a certified copy of which shall be delivered to the County Office of Management and Budget. Upon receipt of the certified copy of the Resolution, the Office of Management and Budget shall make the disbursement described therein directly to the developer. RECOMMENDATION Approve the accompanying Resolution authorizing disbursement of $55,940.60 to Hale Indian River Groves, Inc. CONCURRENCE OF PUBLIC WORKS DIRECTOR I have caused an inspection to be performed on the Phase 1I improvements of Hale Indian River Groves, Inc. and am satisfied that the work has been properly completed. I concur in the recommendation to release the funds from escrow. s Davis, Director lic Works ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) adopted Resolution 89-159 approving release of funds from escrow as recommended by staff. 64 RESOLUTION NO. 89-159 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING RELEASE OF FUNDS FROM ESCROW. WHEREAS, Indian River County and Hale Indian River Groves, Inc. entered into a Cash Deposit and Escrow Agreement dated September 5, 1989; and WHEREAS, under the terms of that agreement the funds deposited in escrow would be released by resolution of the Board of County Commissioners upon proper completion of the improvements related to Phase 11 of the Hale Groves U.S. 1 Distribution Complex; and WHEREAS, that work has been completed pursuant to the Contract for Construction of Required Improvements No. SP -MA -87-11-104 dated September 5, 1989; and WHEREAS, the Public Works Director has caused an inspection of the work to be performed and is satisfied in all respects with the work and has recommended approval of the disbursement, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. $55,940.60 be disbursed from escrow, pursuant to the terms of the escrow agreement dated September 5, 1989 between Hale Indian River Groves, Inc. and Indian River County.. 2. A certified copy of this resolution shall be delivered to the County Office of Management and Budget who shall make the disbursement directly to Hale Indian River Groves, Inc., 9255 U.S. Highway No. 1, Wabasso, Florida 32970, Attention: Richard A. Miles, Vice President Finance. The following resolution was offered by Commissioner Bird DEC 10 ,89 and seconded by Commissioner 65 8000 '18 PAGE 700 DEC !L�' Eggert follows: NOOK r.,rE 7O7 , and upon being put to a vote, the vote was as Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Absent Thereupon the Chairman declared the resolution duly passed and adopted this 19th day of December, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN -RIVER COUNTY, FLORIDA By Gary CgWheeler, Chairman RELEASE OF LETTER OF CREDIT TO ORCHID ISLAND ASSOCIATES The Board reviewed memo from Attorney Collins: TO: The Board of County Commissioners FROM:.j7t/ William G. Collins I1 - Assistant County Attorney DATE: December 12, 1989 SUBJECT: Release of Letter of Credit to Orchid Island Associates Limited Partnership Several years ago the Richard Roberts Group applied for the abandonment of a right-of-way between A -1-A and North Jungle Trail. As condition of the. abandonment, the Richard Roberts Group was required to relocate and construct a new road connecting A -1-A and North Jungle Trail., Subsequently, the Richard Roberts Group assigned their obligations under the agreement with Indian River County to the Orchid Island Associates Limited Partnership. The Orchid Island Associates Limited Partnership posted a new letter of credit to secure the obligation to construct the 60 -foot :right-of-way from A -1-A to North Jungle Trail. :fp ;;;:During the past year a portion of North Jungle Trail was ;:.realigned through the center of the Town of Orchid. As a result of that realignment there was a new access point 'connecting A -1-A and North Jungle Trail in close proximity ;to the location where Richard Roberts Group/Orchid Island Associates Limited Partnership had agreed to construct the new road. On August 1, 1989 the Board of County 66 Commissioners passed Resolution No. 89-77 providing for the abandonment and _vacation of that unnamed and unconstructed road which was to connect North Jungle Trail and A -,1-A. Since the right-of-way has been vacated and a new connection to Jungle Trail -at the entrance to the Town of Orchid has been provided, there is no longer any need to maintain security for the construction of a second road. RECOMMENDATION Release Letter of Credit M-1652 from Florida National Bank to Indian River County, which letter of credit was posted by Orchid Island Associates Limited Partnership. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird,Commissioner Scurlock having left the meeting, the Board unanimously (4-0) authorized the release of Letter of Credit posted by Orchid Island Associates Limited Partnership for construction of a second road, as described above. RETURN OF FUNDS PAID IN LIEU OF BEACH ACCESS EASEMENT DEDICATION The Board reviewed memo from Attorney Collins: TO: The Board of County Commissioners FROM: , William G. Collins 11 - Assistant County Attorney DATE: December 12, 1989 SUBJECT: Request for Return of Funds Paid in Lieu of Beach Access Easement Dedication As a result of the Associates Management settlement, we have received a request for return of cash paid in lieu of beach access easement dedication from Salama Development Corp. who deposited $7,400.00 on March 22, 1989 for -Oyster Bay Subdivision. RECOMMENDATION Return cash paid in lieu of beach access easements to: Salama Development Corp. P. O. Box 2903 Vero Beach, FL 32961-2903 In the amount of: $7,400.00 Funds to come from Account No. 113-210-572-033.16. 67 8001 78 FAL 708 13E.0 1,989 BOOK ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) authorized the return of cash paid in lieu of beach access easements to Salama Development Corp. in the amount of $7,400 as recommended by staff. AUTHORIZATION OF ANIMAL CONTROL OFFICERS TO ISSUE CITATIONS Asst. County Attorney Brennan reviewed the following: PAGE rr lO t1' TO: Board of County Commissioners FROM: Sharon P. Brennan, Asst. County Attorney DATE: December 13, 1989 RE: AUTHORIZATION OF ANIMAL CONTROL OFFICERS TO ISSUE CITATIONS Effective October 1, 1989, Florida Statutes §828.27 was amended to require that any animal control officers not authorized to issue citations prior to January 1, 1990, shall be required to complete a 40 -hour minimum standards training course. Therefore, the Board is requested to ,;.::authorize the following named animal control officers" -to issue animal control violation citations: Nathan McCollum Deborah House Richard Hollenbeck .Ronald Borden In January 1990 the Board will be asked to consider an .::•.. amendment to our -.Animal Control Ordinance which wi_I I -significantly improve -the means by which vicious dog incidents are processed in Indian River County. Commissioner Eggert thought these officers were already authorized, and Attorney Brennan explained that last year the Board did authorize certain officers to issue citations, but since the law has changed in regard to the need for a 40 hour training course, we wanted to get them all authorized at this point. 68 ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) authorized the following named animal control officers to issue animal control violation citations: Nathan McCollum Deborah House Richard Hollenbeck Ronald Borden Chairman Wheeler believed the legislation has changed so that it would also allow some of our Code Enforcement Officers to issue citations for violations such as parking on county RIW. Attorney Brennan agreed, but noted that they cannot issue citations until we adopt a R/W ordinance that includes parking violations, and this is being worked on now. She explained that we also will have to amend our Code Enforcement Board ordinance to allow citations, but at that point we hopefully will be able to issue citations for any violations of the Code, even including books and other items borrowed from the libraries. RESOLUTION ACCEPTING GIFFORD SEWER PROJECT AS SUBSTANTIALLY COMPLETE ,DEC 1a) ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) adopted Resolu- tion 89-160 accepting the Gifford Sewer Project as substantially complete. 69 ROOK alb FS E. I1O BOOK 78 PAGE 711 INDIAN RIVER COUNTY, FLORIDA RESOLUTION NO. 89- 160 A RESOLUTION ACCEPTING AS SUBSTANTIALLY COMPLETE CERTAIN ADDITIONS, EXTENSIONS, AND IMPROVEMENTS TO THE COMBINED WATER AND SEWER SYSTEM OF INDIAN RIVER COUNTY, FLORIDA, LOCATED IN THE GIFFORD AREA OF THE COUNTY, AND ACCEPTING THE BENT PINE UTILITY SYSTEM AS PART OF THE COMBINED WATER AND SEWER SYSTEM OF INDIAN RIVER COUNTY, FLORIDA, AND ACCEPTING AS SUB- STANTIALLY COMPLETE CERTAIN ADDITIONS, EXTENSIONS, AND IMPROVEMENTS THERETO AS PART OF THE COMBINED WATER AND SEWER SYSTEM OF INDIAN RIVER COUNTY, FLORIDA, AND SPECIFYING THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board hereby officially accepts as substantially complete certain additions, extensions, and improvements to the combined water and sewer system of Indian River County, Florida, located in the Gifford area of the county, and accepts the Bent Pine Utility System as part of the combined water and sewer system of Indian River County, Florida, and accepts as substantially complete certain additions, extensions, and improvements thereto as part of the combined water and sewer system of Indian River County, Florida. 2. This resolution shall take effect upon its adoption. The Bird Eggert resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: The passed Chairman Gary C. Wheeler Vice -Chairman Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Aye Aye Aye Absent Aye Chairman thereupon declared the resolution duly and adopted this 19 day of December, 1989. 70 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By far Wheeler Cha Vrman P.L.A.B. REPORT Commissioner Eggert informed the Board that the Public Library Advisory Board had several things come up last Wednesday, but the most important was that there was a distinct feeling that in order to get good coordination of color, furniture, and that type of thing, they would like to get an interior designer to. advise us on that coordination and go out to bid as- usual. If the Board has no objection, they would like to proceed with getting the details on that and bring it back to the Board. Commissioner Bowman wished to be sure that we are talking about a consultant and not a supplier. While she agreed it is important to get good advice, she did not feel we should pay them a commission to purchase the furniture for us. Commissioner Eggert assured her that what is wanted is simply a consultant who would supply the advice. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) authorized proceeding to determine the details on obtaining the services of an interior designer as discussed and bring a report back to the Board. INTERIM MANATEE PROTECTION SPEED ZONE PLAN The Board reviewed memo from Roland DeBlois, Chief of Environmental Planning: DEC 10 iS89 71 BOOK lb PAGE 112 DEC BOOK 78 PAGE 713 TO: James Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: obert eating, Community Developme FROM: Roland DeBlois;'KICP Chief, Environmental DATE: December 8, 1989 SUBJECT: Director Planning INTERIM MANATEE PROTECTION SPEED ZONE PLAN It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting onDecember19, 1989. DESCRIPTION & CONDITIONS: On October 24, 1989, the Florida Department of Natural Resources (FDNR) made recommendations to the Governor and Cabinet=for specific actions to protect the West Indian Manatee and to improve waterway safety for the boating public. Among FDNR's recommendations was a proposal for the development of State rules to implement an interim 300' shorelinebuffer slow -speed zone (approximately 7 m.p.h.) in State waters within 13 key manatee protection counties, which includes Indian River County. Rather than approve the referenced recommendation`°as is," the Governor and Cabinet voted to allow counties"to select from three alternatives: 1) A 300' -wide shoreline buffer slow -speed zone (not including marked navigation channels); 2) A maximum 30 m.p.h. speed limit within marked channels, and a 20 m.p.h. speed limit in other county waters; or' 3) Locally -developed site specific ordinances designating speed zones based on local characteristics and needs. Moreover, the Governor and Cabinet gave counties 60 days or until °December 26, 1989 to select among the alternatives, or the State would choose one of the first two alternatives to be implemented -14a:in the county. If the county selects alternative 3, to develop ',W, --,,site-specific regulations, a "conceptual" manatee speed zone plan ';:must be submitted by the December deadline. Following is a summary of important dates set forth by the State that pertain to Indian River County: December 26, 1989: Deadline for the County to select an interim manatee protection alternative; "conceptual" plan. February 1990: May 1990: County finalization of interim manatee protection plan, to be forwarded to the State for approval and inclusion in State rules. State adoption of rules, including local interim manatee protection plans. 72 July 1990: June 1993: Implementation of State/local speed zones (Signage must be permitted and in place by this time). State imposed deadline for Indian River County to adopt a Comprehensive Manatee Protection and Boating Safety Plan. If the deadline is not met, FDNR will impose a 1000' shoreline buffer slow -speed zone throughout State waters in Indian River County. Two areas in Indian River County have or will have State manatee speed zone restrictions independent from local speed zone regu- lations: the Vero Beach Power Plant locality, and the St. Sebastian River (and adjacent Indian River Lagoon at the conflu- ence of the St. Sebastian River and Sebastian Inlet). The FDNR manatee protection zone proposed for the St. Sebastian - River is a combination of 20 m.p.h. channel, slow speed, idle speed, and no entry zones. The attached map (Page 4 of "Attach- ment A") illustrates the proposal. The portion of the St. Sebastian River in Indian River County is proposed to be slow speed, with the exception of a maximum 20 m.p.h. channel in the lower reaches. The Vero Beach power plant area speed zones, already in effect, extend from Merrill Barber Bridge south to Prang Island. The zones generally consist of idle speed west of the Intracoastal and slow speed to the east, Intracoastal exempt, seasonally occurring from November 15th to April 30th each year. ALTERNATIVES & ANALYSIS: The Ad Hoc Manatee= Protection and Boating Safety Committee, recently created to make recommendations on this issue, has met twice. The Committee, chaired by Commissioner Bowman and comprised of individuals with various backgrounds, interests and expertise, voted to Choose alternative 3, and has formulated an interim conceptual manatee speed zone plan for submittal to the FDNR to satisfy the December 26, 1989 time frame. The Committee's' recommendations are summarized as follows: Slow -speed zones: The Committee voted to recommend that a slow -speed zone (7 m.p.h.) be implemented throughout the Indian ;,.:River Lagoon, with the exception of the Intracoastal Waterway and 'four designated Water Ski Exemption Areas (see the attached map). �'•q`''Generally, the four water ski exemption areas are: The Sebastian area, from marker 64 south to marker 68, extending from the east boundary of the Intracoastal Waterway east approximately 1000'; • The Wabasso Narrows area, from Wabasso Bridge south to marker 112, east of Wabasso Island and Pine Island, excluding the area west of the Intracoastal between markers 84 and 92, but including waters between "Hole in the Wall" and Barker Island south of the powerline cable crossing; DEC1 m9B9 The Gifford Cut area from McCullers Cove to Bethel Creek; and The South County area, from the south end of Prang Island to Porpoise Point, east of the Intracoastal Waterway. 73 BOOK 78 FAE 714 r DEC 1 tc89 BOOK P,1�E i15 78 The St. Sebastian River: The Committee voted to recommend to the State that the FDNR manatee protection zone proposal for the St. Sebastian River be modified to exclude a proposed 20 m.p.h. speed limit channel in the St. Sebastian River. The Committee recommends that a slow speed zone should be required, throughout that portion of the river. Moreover, the Committee voted to recommend that water vessels powered only by electric trolling motors or paddles should be allowed in the area presently proposed as a "no entry "area (see the attached map). Commercial fisherman applications for speed zone exemptions: The Committee voted to support the establishment of guidelines that would afford the opportunity for commercial fisherman to apply for speed zone exemptions, in cases where such speed zones would cause undue hardship to the fisherman's livelihood. The Ad Hoc Committee arrived at their recommendation only after extensive discussions and taking in account various -concerns and information, such as boating safety, manatee sighting and mortali- ty documentation,•seagrass mapping data, existing dockage facil- ities, and popular recreation -use areas. At one point, the Committee considered exempting certain deepwater access channels (to the .Intracoastal) from slow speed requirements, but concluded that the benefit of a more uniform speed zone for manatee pro- tection out -weighs the loss of a few boating minutes in obtaining access to the slow -speed exempt Intracostal Waterway. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners adopt a resolution approving the Ad Hoc Manatee Protection and Boating Safety Committee's recommendations and conceptual interim manatee protection speed zone plan, to be forwarded to the FDNR by Decem- ber 26, 1989. Commissioner Bowman stressed that the report of the Ad Hoc Committee must be adopted and sent to the DNR by the 26th of December. Commissioner Eggert asked if she was totally content with the proposed plan, and Commissioner Bowman noted that it is sort ofan interim thing; there will be public input when we get to the point of preparing county ordinances to implement the regulations. This is a preliminary report aimed at preventing the state from coming in and inflicting alt the things they proposed, and it is what the Committee did in response to the Commission's request that we prepare a site specific plan. Commissioner Bird asked if Commissioner Bowman felt that it is a reasonable compromise between protecting the manatees and still allowing a reasonable amount of freedom for the boating public. 7.4 Commissioner Bowman did feel that it is. She explained that commercial fishermen will be required to have a special permit and must be bona fide commercial fishermen. This was recommended by the commercial fishermen on the Ad Hoc Committee. Commis- sioner Bowman commented that she may have some questions about the ski areas herself, but they were based on request and the committee also studied the grass bed maps and considered the manatee mortality rate in certain areas. Commissioner Bird wished to know who would have enforcement powers in a speed zone situation, and Commissioner Bowman advised that if the DNR recommendation is followed, the County wilt be responsible for the signage and the enforcement, and they are suggesting those funds come from the Boating Improvement Funds. Attorney Vitunac advised that we could adopt it by ordinance and then any taw enforcement officer with the capability of getting on the water could enforce it. Chairman Wheeler emphasized that this is a conceptual plan, and we will be holding public hearings and getting additional input. We were put under strict constraint by the state as to time limits to get things done, and he did feel the people in Tallahassee should understand what a pace government runs at. He just wished to be sure that when we send this conceptual plan off that we have enough leverage to be able to make changes and amendments to it. The Chairman then referred to the various water ski exempt areas depicted in the charts included in Attachment A and informed the Board that the exempt area shown apparently is much larger than is deemed necessary. The people who use ski areas feel they have about 80% more than they need, but for the conceptual plan, it could be left like that and then discussed at public hearing. Chairman Wheeler then referred to the part of Attachment A showing the area south of the Sebastian boat ramp, as follows: DEC 1 0 1969 75 booK 78 FAGC716 Pr - SEC 12 u9B9 ATTACHMENT A BOOK 78 PAGE 717 43 4t al .a 40 r1. 1! eo....., . 4 : w7on. ,cHORAQ9 ter 150.770 /fee note AI JJ&IL, ° -- •'� 0.2 • •• •til USASTIAN INttT • `I • • CAUTION '2• armee (Ar..,h I$. labs b w/ MOM. '• admit withwf Leal I..wtedt..f d .MINIS e.wdi1..4 ~by fhb area • \•� • :. • •\\1R i•:• 1SY11)i l•1• 4t 47 44 4M1 H • tr i4 44 44 37 4f y S 4T 4, • 44 41 44 4 44 `• • `^ ``� ` ma an. atch line w INDIAN RIVER COUNTY INTERIM MANATEE SPEED ZONES Slow speed (7m.p.h) throughout the Indian River with the following exemptions: Intracoastal Waterway ® Water Ski Exemption Areas 9 3? Chairman Wheeler pointed out that on the west side of the Indian River the area just south of where it says "ramp," running along the west shoreline to just south of the "940" line between the west shoreline and the chain of islands, is an area that already is being given considerable use by water skiers. He then discussed the area by the Wabasso Causeway, and Commissioner Bowman noted there are two distinct areas in that Wabasso 76 Causeway area - one that follows both sides of the IntraCoastal east of Wabasso Island and then there is a break and again at the foot of Pine Island. The break is at Channel Marker 84. Chairman Wheeler advised that we are redefining two areas and adding one, and the ones being redefined will be smaller than the original. He noted that all this can be done at the public hearing and workshops, but again stressed that he wants to be sure that we will have enough leverage to adjust what we submit because sometimes when you send a conceptual plan to the state, they say that is your ceiling. Planner DeBlois confirmed that he will add the ski area south of the Sebastian boat ramp and reserve the right to refine and change the other areas. Commissioner Bird asked if any consideration was given to the possibility of creating a water ski area in the old boat channel north and south of the Wabasso Causeway, which is the area where they sailboard now, because he felt when you put the skiers in the narrow areas by the present IntraCoastal channel, you are encouraging a dangerous situation. He believed there is adequate water depth to ski on the west side of the river where the old channel used to go through. _ Planner DeBlois advised that this particular area was very much discussed along those same points, and the Committee in the end did go with what is recommended here based mostly on the historic ski use of the area. He believed, however, that it is something that will need to be looked at a lot more in the public hearing process. Tim Adams, commercial fisherman from Sebastian and the commercial fishermens' representative on the Ad Hoc Committee, noted that he has had conversations with various individuals in the county since the conceptual plan was drafted, and he believed there is quite a lot of room for improvement. Basically, he felt the Sebastian River area will be pretty much the way it is now on the plan as far as slow speed is concerned; however, he felt DEC 1 77 S000< I8 PAGE /18 8 , DEC 1Z BOOK 78 F.,rc there will be some improvement needed in the Indian River, possibly 20 mph rather than the broad brush effect of the slow speed now being proposed. He pointed out that in Brevard County they have site specific manatee slow speed zones where high concentrations of manatees exist as opposed to an overall slow speed zone for the entire county. Mr. Adams then commented that he believed the ski zone to the north that Mr. Wheeler is talking about is in the boundaries of the U.S.Fish & Wildlife Service's refuge, and they may have a problem with the ski zone proposed on the east side of the islands - anywhere east of the IntraCoastal Waterway and those islands falls under their jurisdiction. Commissioner Bowman agreed they wouldn't want people going on the islands but wasn't sure they would restrict the use of the water. Mr. Adams pointed out that we don't know that for sure and advised that they have closed an area up in the Banana River from any kind of usage - canoes or whatever - and possibly that could be done the same way in the refuge for Pelican Island. That is why we need the alternative of a ski area on the west shore and west of the spoil islands. Commissioner Bird wished to know if there is sufficient data available to indicate the area of the highest sightings of manatees as he felt those are the areas we should concentrate on rather than have broad brush slow speed from county line to county line. It was confirmed that we have this information, and Mr. Adams advised that one slow speed zone would be the Sebastian River area and out in front of the U.S.1 bridge; another, for instance, might be in the area of The Moorings. He stressed that the committee has had a lot of calls in regard to their reason for designating the entire river slow speed, and it was explained that it is a conceptual plan and this was just thrown out for comment. The reason the Committee did not ask for a channel 78 exempt in the Sebastian River is that it is not deep enough to allow for high speed boat usage in there, and if you did put a channel in there, that doesn't necessarily afford any more protection for the manatees. After further discussion, Commissioner Eggert believed the whole concern is that whatever is submitted to the state as a conceptual plan doesn't lock us in. Planner DeBlois noted that point has been brought up by all the counties. He again confirmed that this plan is only conceptual, and the state has set a specific timeframe of February 15th where they need the finalized adopted plan. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, Commissioner Scurlock having left the meeting, the Board unanimously (4-0) adopted Resolution 89-161 approving the Ad Hoc Manatee Protection and Boating Safety Committee's recom- mendations and conceptual interim manatee protection speed zone plan, with the change made on the map adding one water ski exempt area south of the Sebastian ramp as discussed. 79 DEC 1. 989 BOOK r U fGE 77® ��C l DEG ic,J db 9 BOOK RESOLUTION NO.89-161 I 8 F4:GE 721 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A CONCEPTUAL INTERIM MANATEE PROTECTION SPEED ZONE PLAN FOR WATERS OF THE INDIAN RIVER LAGOON IN INDIAN RIVER COUNTY. WHEREAS, manatee protection and boating safety are concerns in the interest of public health, safety and welfare; and WHEREAS, on October 24, 1989 the Florida Department of Natural Resources (FDNR) made recommendations to the Governor and Cabinet regarding boating safety and manatee protection strategies for thirteen "key" manatee protection counties, including Indian River County; and WHEREAS, in considering FDNR's recommendations, the Governor and Cabinet voted to give the thirteen key counties 60 days or until December 26, 1989 to choose among three alternatives regarding localspeed zone regulations, those alternatives being: 1) a 300' wide shoreline buffer slow -speed zone (marked navigation channels exempt), 2) a maximum 30 m.p.h. speed limit within marked channels, 20 m.p.h. elsewhere, or 3) a .locally developed site-specific interim speed zone plan; and WHEREAS, the Board of County Commissioners authorized the establishment of an Ad Hoc Manatee Protection and Boating Safety Committee to make recommendations concerning the selection and/or formulation of a local speed zone alternative; and WHEREAS, the Ad Hoc Committee has met and has formulated recommendations to the Board of County Commissioners to be con- sidered for approval and for forwarding to the FDNR to meet the December 26, 1989 deadline; and WHEREAS, the Ad Hoc Committee's recommendations for a conceptual interim manatee protection speed zone plan are de- scribed and depicted in "ATTACHMENT A," attached hereto; NOW, THEREFORE, BE IT RESOLVED That the Board of County Commissioners of Indian River County, Florida, hereby approves the Ad Hoc Manatee Protection and Boating Safety Committee's conceptu- al interim manatee protection speed zone plan and recommendations, as set forth in "Attachment A" attached hereto, said plan and recommendations to be submitted to the Florida Department of Natural Resources for review and consideration in meeting the December 26, 1989 State -imposed time frame. Eggert Bowman The foregoing having been moved by Commissioner and second by Commissioner , upon being put to a vote, was carried with a vote as follows: tii, 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 Absent The Chairman thereupon declared the resolution duly passed and adopted this 19th 80 day of December , 1989. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONER BY Gary C Wheeler, UfiiIrman ATTACHMENT A Iryp—I"PAars/• BRE!4 0 COUNTY i ,1 1 e DEC 1 • ,1 1 1 es v • • • • • • : • INDIAN RIVER COUNTY INTERIM MANATEE SPEED ZONES Slow speed (7m.p.h) throughout the Indian River with the following exemptions: =_= Intracoastal Waterway Water Ski Exemption Areas Additional Water Ski Exemption Area • (as per BCC recommendation) Mq rch LINE • 81 BOOK fAa. 14 DEC 1 ATTACHMENT A HOOK 8 PAGE P OVHD PWR CAD INDIAN RIVER COUNTY INTERIM MANATEE SPEED ZONES Slow speed (7m.p.h) throughout the Indian River with the following exemptions: =_= Intracoastal Waterway ® Water Ski Exemption. Areas Additional Water Ski Exemption Area (as per BCC recommendation) 2 82 P 1 1 1 1 1 1 1 ..� 1 11.4 L ATTACHMENT A — ,_ .�, :�;.,, : ,.r MATCH LINE C cn 1 5 6 A., INDIAN RIVER COUNTY INTERIM MANATEE SPEED ZONES Slow speed (7m.p.h) throughout the Indian River with the following exemptions: =_= Intracoastal Waterway Water Ski Exemption Areas Additional Water Ski Exemption Area (as per BCC recommendation) DEC 1 0 - r MR MB • 3 83 r _ P. • LUC E COUNTY BOOK 78 FAGE 72 • NORTH ATTACHMENT A BOOK .78 F4A. 725 Indian River County Ad Hoc Manatee Protection & Boating Safety Committee RECOMMENDATIONS: . 1. Delete channel exemp from the slow spee of Sebastian Cre it slow speed t 2. Change the "no area to allow e trolling & padd vessels 1111111111111 0 =BASTIAN OUT ND/T A/RG//ij /l .2 BREVARD CO INDIAN RIVER CO' - P40 ENTRY AREA - IDLE SPEED - SLOW SPEED CHANNEL EXEMPT - SLOW SPEED CHANNEL INCLUDED r'''' • 1 -- MAXIMUM 20 MPH SPEED OMIT IN CHANNEL PROPOSED MANATEE.. PROTECTION ZONE SEBASTIAN CREEK and ADJACENT PORTIONS of the INDIAN RIVER BREV ARD and, INDIAN RIVER COUNTIES (DRAFT OF THE STATE PROPOSAL) Indian River County Ad 1?oc Manatee Protection & Boating Safety Committee Recommendations: 1. Delete channel exemption from the slos: seed zone of the St. Sebastian River (Sebastian Creek), making it slow speed throughout. 2. Change the "no entry" area to allow electric trolling & paddle vessels. 3. The Committee recommends that commercial fishermen have the opportunity to apply for slow speed zone exemption on a hardship basis pertaining to their .livelihood. 4 84 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:47 o'clock A.M. ATTEST: DEC 191989 Clerk 7Chairman 85 BOOK 7 FKt 726