HomeMy WebLinkAbout2/6/1990BOARS ACTION AND IMPLEMENTATION
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
"%j A G E N D A
FEB .930 REGULAR MEETING
RECEIVED FEBRUARY 6, 1990
BOARD COUNTY v
COMMISSIONERS �
„y 9:00 A.M. - COUNTY COMbiISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman James E. Chandler, County Administrator
Richard N. Bird, Vice Chairman
Charles P. Vitunac, County Attorney
Margaret C. Bowman
Don C. Scurlock, Jr.
Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board
It"
Approved.
FEB 61'90
B. Received and Placed on File in
Office of Clerk to the Board:
r
"Copy of Operational Performance
Audit of the Office of the State
Attorney, 19th Judicial Court for
the Period of July 1, 1988 through
June 30, 1989
"BOOK
9:00 AM
1.
CALL TO ORDER
2.
'INVOCATION - Pastor Boyd Williams
Vero Beach Church of Christ
3.
PLEDGE OF ALLEGIANCE - Commissioner Margaret C. Bowman
4.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
(NO ADDITIONS) -
5.
APPROVAL OF MINUTES
A. Approval of Minutes of
A P P R O V E E>_
Regular Meeting of 1/2/90
B. Approval'of Minutes of
Approved.
Regular Meeting of 1/9/90
6.
CONSENT AGENDA
A. Received and Placed on File
Approved.
in Office of Clerk to the
Board: Copies, of_ the FY 1988/89
Auditor's Report as follows:
1) Indian River Memorial Hospital
Inc. & Subsidiaries
2) Indian River County Hospital
District & Indian River Memorial
Hospital, Inc., & Subsidiaries
Combined
.,
3) Indian River County Hospital
District
It"
Approved.
FEB 61'90
B. Received and Placed on File in
Office of Clerk to the Board:
r
"Copy of Operational Performance
Audit of the Office of the State
Attorney, 19th Judicial Court for
the Period of July 1, 1988 through
June 30, 1989
"BOOK
r
FEB ., 6 1990
6.
.pproved.
pproved.
.pproved.
.pproved.
,pproved-.-
,pproved.
pproved�.pproved.
,pproved.
;es. 90-19
opproved.
'.H. scheduled for
-6-90
,pproved Items 3 E 5
f Revised amendment.
approved full
evised memo.
abled one week.
►pproved.
.pproved.
E_
7.
F
BOOK
CONSENT AGENDA - CONTINUED
C. Reappointment of Harold Putnam to
Housing Finance Authority
D. Proclamation designating
March 1 through March 3
as Mentally Handicapped
Week in Indian River County
E. Retroactive Approval of
Proclamation designating
February 2 as Fred Weick
Day in-; ian River County,
F. Out of State Travel for
Commissioners and Appropriate
Staff to attend NACo 1990
Legislative Conference,
March 17-20 , Wa!biqg.tt a .D C
G. IRC Bid 90-28, Small Tractor
(Memorandum -dated 1/29/90-)
H. IRC Bid 90-38, Surplus Property
Sale #3
(Memorandum dated 1/14/90)
I. Ed Czarnecki's Request for
Site Plan Extension for a
Used Vehicle Sales and
U -Haul Mental Facility
- (Memorandum dated 1/25/90)
J. Corrective Resolution of
Abandonment
(Memorandum dated 1/17/90)
- z
3k. Request for Elections Budget
Amendment to Include Money
from Each City or Town for
March 13, 1990 Election
(Memorandum dated 1/31/90)
L. Late Night Retail Store Ordinance
(Memorandum dated 1/31/90)
M. Release County Utility Liens
(Memorandum dated x/31/90)
N. -Budget' Amendment; Miscellaneous
Budget Amendments
(Memorandum dated.1/30/90)
O. IRC Bid 90-23, Laboratory Service
Testing
(Memorandum dated 1/30/90)
P. Walk-through Metal Detector
IRC Bid 90-34
(Memorandum dated 1/22/90)
Q. Proclamation designating Month
of February as Junior Achievement Month
CLERK TO THE BOARD
none
9:0,_ 5 AM8. A. PUBLIC DISCUSSION ITEMS
none
0 s.
9:05 AM 8.
Ord. 90-2
Approved.
Res. 90-20 adopted
as amended.
9.
10.
Res. 90-21
adopted.
Approved.
Approved.
Approved.
Approved Alt. #1 - Adm.
to work out payment
structure.
Approved.
Approved.
Approved.
B. PUBLIC HEARINGS
1) Evans Request to Rezone 20
Acres from RS -3 to A-1
(Memorandum dated 1/22/90)
2) Treasure Coast Media Inc.'s
(WCXL) Request for Special
Exception Approval for a
500' FM Radio Transmission
Tower
(Memorandum dated 12/29/89)
3) Finalized Interim Manatee
Protection Speed Zone Plan
COUNTY ADMINISTRATOR'S MATTERS
none
DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1) Tamara Gardens Condo, Inc.
Public Nuisance; Abatement
for Abatement:of Nuisance
(Memorandum dated 1/9/90)
2) Demolition of Unsafe Structure
1925 38th Lane
(Memorandum dated 1/24/90)
B. EMERGENCY MANAGEMENT
none
C. GENERAL SERVICES
IRC Bid 90-39, Sale of Park Tract
in Sunshine Quality Homes Unit II
(Memorandum dated 1/26/90)
D. LEISURE SERVICES
none
E. OFFICE OF MANAGEMENT AND BUDGET
1) Escambia Single Family Housing
Program with Indian River County
as a Participating County _ _____•___•_
(Tabled from 1/23/90 Meeting)
(Memorandum dated 1/31/90)
2) Moorings & Floralton Beach
Homeowners Assn. Street Lights
(Tabled from 1/23/90 Meeting)
(Memorandum dated 1/15/90)
3) Budget Amendment 030, Governor's
Drug Free Communities Grant
(Memorandum dated 1/22/90)
F. PERSONNEL
1) Service Agreement with Insurance
Servicing & Adjusting Company
(Memorandum dated 1/29/90)
2) Administrative Policy Manual
(Memorandum dated 1/25/90)
BOOK �6 NUE �cb'
r.
FEB -
-1990 BOOK
10.' DEPARTMENTAL MATTERS - CONTINUED
Premature for
G. PUBLIC WORKS
referendum.
1) Request by Christopher Schlitt
approved Alt.
#2 for County to Purchase a Single
is rec.
Family Lot for Future Right-of-way
Chairman to write
Along 4th Street - Pinetree Park
letter of support.
Subdivision
(Memorandum dated 1/31/90)
Xpproved.
2) Release of Partial Retention
No workshop until new
Engineering Services for Indian
council is seated. Have
River Blvd. Phase IV, Glace and
staff bring back recom-
Radcliffe, Inc.
mentation after new
(Memorandum dated 1/29/90)
council is educated.
3) Release of Retainage - Petition
Approved.
Paving Projects - Peterson and
Votapka, Inc.
(Memorandum dated 1/29/90)
4) Request for Paving 129th Court
Approved.
(Memorandum dated 1/29/90)
SY Purchase of Oslo Road Right-of-
Approved.
way along West Side Commercial
Park Subdivision
(Memorandum dated 1/29/90)
H. UTILITIES
none
11. COUNTY ATTORNEY
Approved.
A. Proposed Settlement for Release
of,'lien
(Memorandum dated 1/29/90)
Approved.
B. Filling Vacant Lawyer Position
(3 to 2 vote)
Caused by Maternity Leave
(Memorandum dated 1/31/90)
12.
COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
Premature for
1) Request for Referendum on
referendum.
Purchase of Indian River
No motion ..
islands
(Memorandum dated 1/23/90)
Chairman to write
2) Discussion Regarding Request
letter of support.
for Support for WQCS to Obtain
Federal Equipment Grant.
(Letter dated 1/18/90)
No workshop until new
council is seated. Have
3) Approval of Tentative Agenda
staff bring back recom-
for Joint City/County Meeting
mentation after new
council is educated.
B. VICE CHAIRMAN RICHARD N. BIRD
Walter Jackson (Gifford)
Dallas Yates (Gifford Alternate)
No reply has been received from
the City of Vero Beach
THE FOLLOWING RESUMES HAVE BEEN
RECEIVED FOR THE FOLLOWING
DISTRICTS:
District 6: Victor Minotty
Virgil Tetsworth
Richard Woodard
District 8: George Beuttell
Juliana Young
District 9: William Kaser
City of Vero Beach recommends that
Did not agree. the handicapped be represented on
No motion. the County's Transportation Planning Comm.
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER.
13. SPECIAL DISTRICTS
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.
199D eoar • `��� F,�cc - rJ
12.
COMMISSIONER'S ITEMS - CONTINUED
C. COMMISSIONER MARGARET C. BOWMAN
Appointments to Transportation
Planning Committee:
Geo. Walters' name was
removed at his request.
Margaret C. Bowman, Chairman
Don C. Scurlock, Jr., Alternate
Approved appointments
to TPC -
Robert McCarthy (Sebastian City Council)
Dist. 6 - R. Woodard
Peter Jones (Sebastian Alternate)
8 - J. Young
9 - W. Kaser
Joseph P. Brooks Sr. (Fellsmere)
NO ALTERNATE NAMED FOR FELLSMERE
W. W. Clark (Indian River Shores)
George Walters (IRS Alternate)
Robert Bradschaw (Orchid)
Robert'Haines IV (Orchid Alternate)
Sandra Bowden (IRC School Board)
Gene Waddell (IRC School Board Alternate)
Walter Jackson (Gifford)
Dallas Yates (Gifford Alternate)
No reply has been received from
the City of Vero Beach
THE FOLLOWING RESUMES HAVE BEEN
RECEIVED FOR THE FOLLOWING
DISTRICTS:
District 6: Victor Minotty
Virgil Tetsworth
Richard Woodard
District 8: George Beuttell
Juliana Young
District 9: William Kaser
City of Vero Beach recommends that
Did not agree. the handicapped be represented on
No motion. the County's Transportation Planning Comm.
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER.
13. SPECIAL DISTRICTS
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.
199D eoar • `��� F,�cc - rJ
Tuesday, February 6, 1990
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,
February 6, 1990, at 9:00 o'clock A.M. Present were Carolyn,K.
Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C.
Bowman; Don C. Scurlock, Jr.; and Gary C. Wheeler. Also.present
were James E. Chandler, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; and Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Bowman led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert requested that Item 0 on the Consent Agenda
be postponed for one week.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously postponed
the above item for one week.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of January 2,
1990. There were none.
RB 6 1990 PoaK A 06
BOOK A PAGE U 1
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 1/2/90, as
written.
The Chairman asked if there are any corrections or additions
to the Minutes of the Regular Meeting of January 9, 1990. There
were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
Minutes of the Regular Meeting of 1/9/90, as written.
CONSENT AGENDA
Chairman Eggert requested that Items L and N be removed from
the Consent Agenda for discussion, and Commissioner Bird
requested that Item P be removed also.
A. Reports
Received and placed on file in the Office of the Clerk to
the Board: Copies of the FY 1988/89 Auditor's Report as follows:
1) Indian River Memorial Hospital, Inc. & Subsidiaries
2) Indian River County Hospital District & Indian River
Memorial Hospital, Inc., 8 Subsidiaries Combined
3) Indian River County Hospital District
B. Report
Received and placed on file in the Office of the Clerk to
the Board:
Copy of Operational Performance Audit of the Office of
the State Attorney, 19th Judicial Court for the period
of July 1, 1988 through June 30, 1989.
C. Reappointment of Harold Putnam to Housing Finance Authority
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously reappointed
Harold Putnam to the Housing Finance Authority.
2
D. Proclamation - Mentally Handicapped Week
PROCLAMATION
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING
MARCH 1 THROUGH MARCH 3, 1990 AS
MENTALLY HANDICAPPED WEEK
WHEREAS, the Knights of Columbus, Vero Beach Council
5629, will be conducting its annual Tootsie Roll Drive to help
the handicapped and mentally retarded citizens, on March 1
through March 3, 1990; and
WHEREAS, proceeds from the donations will be used by
the Knights of Columbus for local programs and activities such as
the mentally retarded workshop and special olympics program; and
WHEREAS, on a nationwide basis, the Knights of Columbus
Councils will be conducting similar events during the same time
span; and
WHEREAS, with the help of many friends and local
organizations who have volunteered to assist the Knights of
Columbus in this year's endeavor, it is anticipated that the
proceeds generated will be far in excess of last year's total;
and
WHEREAS, it is altogether fitting and proper to
officially recognize this worthy cause, and to help create a
public awareness and appreciation for all those who will be
"aproned and canistered" on March 1 through March 3, 1990 and
most of all, for all those who will contribute what they can from
their hearts and pockets to assist the mentally handicapped;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 1
through March 3, 1990 be officially observed as
MENTALLY HANDICAPPED WEEK
in Indian River County, and that special recognition be given to
the dates of March 1 through March 3, 1990 in support of this
worthwhile endeavor.
Adopted this 6th day of February, 1990.
BOARD OF COUNTY C014MISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
B �t
Y
CAROLYN/K. EGGERT, HAIRMAN
3
U
BOOK F� rmuc
Ff. E 6 1990 BOOK X19 PAGE 09
E. Proclamation - Fred Weick_Day
P R O C L A M A T I O N
WHEREAS, FRED WEICK, a resident of Indian River County
and fifty year Rotarian is being honored by the Rotary Club of
Vero Beach for his achievements in aeronautical engineering and
research; and
WHEREAS., MR. WEICK was one of the -first engineers
employed by the original United States Mail Service, and located
and established a series of emergency flying fields for the first
night flying of mail throughout the midwest; and
WHEREAS, NASA is honoring him for his design efforts
while at Langley Research Center in Virginia, where he published
a paper in 1925 on propeller design for low powered planes that
was republished in 1989 because it is considered a classic by
aviation experts; and
WHEREAS, while at Engineering and Research Corporation,
MR. WEICK designed the Ercoupe aircraft, a two -seat all -metal
low -wing cantilever monoplane; and while a Professor of
Aeronautical Engineering at Texas A & M College, he designed a
revolutionary agricultural airplane AG -1 which had life-saving
standards for agricultural planes; and
WHEREAS, MR. WEICK, while at Piper Aircraft Corporation
from 1957-1969, designed and developed the Cherokee and Pawnee
aircraft; and
WHEREAS, MR. WEICK has received numerous safety and
aviation design awards and will be honored with the Daniel
Guggenheim Medal for development of the NACA cowling and the
steerable tricycle landing gear which resulted in practical
aircraft design and performance:
--- NOW, THEREFORE, BE..IT_PROCLAIMEp by the_Board of County
Commissioners of Indian River County, Florida that February 2,
1990 be recognized as -
FRED WEICK DAY
i
i in Indian River County. The Board of County Commissioners
further urges the citizens of Indian River County to join them in
honoring FRED WEICK for his many accomplishments in the.
improvement of aviation design and research and for his
contributions to this community...
Adopted this 23rd day of January, 1990.
4
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carol yfiK. Eg . t, Chairman
F. Approval of Out -of -State Travel
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
out-of-state travel for Commissioners and appropriate
staff to attend NACo 1990 Legislative Conference, March
17-20, in Washington, D.C.
G. IRC Bid 90-28, Small Tractor
The Board reviewed the following memo dated 1/29/90:
DATE: JANUARY 29, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVIQ
SUBJECT: INDIAN RIVER COUNTY BID 90-28 - SMALL TRACTOR
At the regular meeting on Tuesday, January 9, 1990, the Board of
County Commissioners approved staff's recommendation to award the
bid for a 87 HP tractor to Linder Industrial Machine Company. An
error was made in staff's memorandum in that Linder did not bid on
the small tractor. Neff Machinery was the low bidder instead.
Since Linder did not bid and Neff was the low bidder, it is
requested that the Board amend their motion for the minutes to
indicate "Neff Machinery" as being the successful bidder.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
staff to amend the Motion in the Minutes of the Regular
Meeting of the Board of County Commissioners of January
9, 1990, to reflect the correction that Neff Machinery
was the successful bidder on the small tractor, instead
of Linder Industrial Machine Company.
5
FEB 6 1990 POOK 10
BOOP( .7 F�GE
'
BOARD OF COUNTY COMMISSIONERS
1840 251h Su*d. Vem Deach.Fl"a32960
a�ER
*1. Excavator -$79,000.00 Uny Tractor (see `�� CQ
*2. Tractor -1755-$18,500.00 Neff Machinery 'Z �"� .j
*3. Tractor 2355 $73,930.00 Bergven Equip > c, *•; f `c
Recommended Award ��ORig-
Dute�12l15/89
PURCHASING DEPT.
BID TABULATION
Submitted By Dominick L Mascola
' PURCHASING MANAGER
Bid No. 90-28 Date Of Opening 12/13/89
Bid Title Excavator b Ism Type Tractors
I. Linder Industrial Machine co
Excavator 73 350 5.
Berggren EauiM2nt- RIP
Miami, Florida 33142
Tractor N/B
Fort Pierce, Florida 34954 (1 ea) Tractor 2755 519.352.
-
(I ea) Iractor Z355 S73.930.
2. Xelly Tractor Co
Excavator 579.000.00
Miami, Florida 33152
Tractor N/B
3. Case Pover Co
Orlando, Florida 32821
4. Neff Machinery
Excavator c
miad, Florida 331(A
(I ea) Tractor 2755 S18,500.00
U ea) Tractor 2355 581.950.00
H. IRC Bid 90-38, Surplus Property Sale #3
The Board reviewed the following memo dated 1/14/90:
DATE: January 14, 1990 ,
9.U: BOARD OF COUNTY OQMSSIONER.S ,
TW: James E. Chandler, County
H.T. "Sonny" Dean, Director
' Department of General Servi
FWM: Dominick L. Mascola Manager
Division of Purchasing
SUBJ: IRC BID 90-38/SURPLUS PROPERTY SALE #3
BACKGROUND:
The Property attached herewith, frcm Various Departments, has
been declared Surplus to the needs of Indian River County.
ANALYSIS:
Staff res the authority be granted by the Board of County
Co®missioners to declare surplus and authorize a sale of the
attached list.
6
E
A Surplus Property Sale open to the public will be held as per
State Statutes. The Seal Bid method, advertised in the local
newspaper will be offered indicating sale to the highest bidder.
A review of Surplus Fquipment will be scheduled for all departments
to reclaim any Surplus Items, prior to advertisement for sale to
the Public. items not sold at the sale will be offered on a in-
dividual basis to interested parties.
FIIDIDS:
The monies received frau this sale will be distributed by Budget
to the proper Acquits.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously declared as
surplus property the items listed below, and authorized
the sale of those same items, as set out in the above
staff recommendation.
E-� t
7 EOOfi f'.iGc
Q 6 1990
FEB 6 199®
ra.r..r len Wee
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DOAXw 0!' COUNTY C0'VMM5I0NgX8
"A 81ne4 Yom ane% ~6" ansae
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�►Dvr.RrzsExrxlr slv►T.sD BZDs
IDiDIA)t Um WUNTZ
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BOOK , 9 PAGE 10
Sealed Bide Will be received by Indian Rives County until lube p.m.
on �O 31 1990 • when they Will be publicly opened Aad seed
aloud n t •County CoM aLesion Chambers, 1640 23th Street, Vero
Beach. Florida, for the follwl&gs
Vero beach, F1 between the hours from 9AM to 411M.
Monday thru Friday.
IRC SID/9038/SURPLUS PROPERTY SALE/3
•AWANAD TO
1 Ea .$
The following Vehicles can be reviewed at the Fleet
HIGHEST�.
3A. 1980 IBM Typewriter Selectric II .........
Management Department. located at 4625 41st Street,
4A. 1982. IBM Typewriter Electronic 75 ........
•
Vero beach. Florida, between the hours SAM to 3PM
BIDDER
Monday thru Friday.
sea - -
X X
. . .
1. 1969 Ford Truck/1-Ton Crowcab ... ......
1 Ea
7A. 1984 Typewriter Olivetti Et221
1 Ea ht
ow. Typewriter Remington Rand . . • • ... . . .
1 Ea.$
2. 1974 Ford Truck/1/2 Ton ..... .... .....
1 Ea
ICA. Monroe Calculator Model /1305. • • • • • • ..
•.
1 • Ee
1 Ea.yS
3. 1970 EMC FIRE TRUCK . . . . . . . . . . . . . . .
1 Ea.$
OT fl 1963 Display Station Adds Crt Vpt
.
4. 1964 Mack FIRE TRUCK . • . . ..... •
1 Ea
S. 1977 Massey -Ferguson Dlesal Tractor .. ...
i Ea
6. 1,972 International Fire Truck.. . ........
1 Es $r
. 7. 1979 4 Door Aspen Dodge ............:.
1 Ea Y
The following equipment listed below can be reviewed
at the County Warehouse located at. 2625 19th Avenue,
Vero beach, F1 between the hours from 9AM to 411M.
Monday thru Friday.
IA. 4973 Monroe Calculator . • • . • • • . • ... . .
1 Ea .$
2A. 1980 IBM Typewriter IT ... .. .. • ......
1 Ea
3A. 1980 IBM Typewriter Selectric II .........
1 Es ry�
4A. 1982. IBM Typewriter Electronic 75 ........
1 Ea
1 Ea
sea - -
X X
. . .
� JA w ,
r
7A. 1984 Typewriter Olivetti Et221
1 Ea ht
ow. Typewriter Remington Rand . . • • ... . . .
1 Ea.$
9A. IL4 Typewriter . • . • • ... • ... • ...
1 Ea.$
ICA. Monroe Calculator Model /1305. • • • • • • ..
1 Ea.
IgA. Calculator ARAM .. • • • • • • • • • ..
1 Ea.yS
12A. Desk . '. • • . . . • . • .... . • . ... .
1 Ea.$
OT fl 1963 Display Station Adds Crt Vpt
1984 Display Station Adds Crt VPT60
1985 Word Processor Canon System 300
1986 EPO Printer TX Matrix
` RT Prin or C"o
y 1988• iI�Citit taxi rt MODIO Automate
_
1988 Display Ste Crt MOD10 Automate
Workstation
Xerox PC System
_Display Ste Crt Adds b Kay
.,..J1dds Ort %IN 734997. .. , ... .
1
OTill 1985 Word Processing Canon Systel VP2000
1985 Word Processing Canon Systal 300
MIS EPO Printer South TX5180
1983 IBM Display Station
1982 IBM Remote Display . ... . . . • • • .
IS OF AWARDt Will be to the higest bidder on each
•
line Item mad by Lot 1, 11
Bide received Atter 2100 P.11.0 of the day specified above, will be
returned unopened. Bpeoifiostions instruction to bidders and bid
docua,ats are available from the Purahasinq Diviaion or py ca,Uinq
(407) 367.8000, But. 416.
Bids must be identified on the outside of the Sealed envelope with
the bid cumber mad the &Sums of the projeot.
Bids may be mailed or band delivered to the Indian River County,
Purohasistg Divialo& at 2623 19th avenue, Vero Beach, F1 32960.
ZNDZA)i RTM Comm
SYS Domioiok L. Ma -cola CPO
plusohasing iia&ager
For publication io the Vero Beach press Jour&al
Date(S)t
Jaraary 18, Jarninty 23, 1990
Fors Varo Beach Press Jourjj&j'
Please furnish tear Sheet and Affidavit of
Publication too
7a
Imo_ Czarnecki's Request_ for Site Plan_ Extension for a_Used
Vehicle Sales and U -Haul Rental Facility
The Board reviewed the following memo dated 1/25/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
A
Robert M. Keating, A
Community Developmen AI
THROUGH: Stan BolingACP
Chief, Current Development
FROM: John W. McCoy ,[t
Staff Planner, Current Development
DATE: January 25, 1990
SUBJECT: ED CZARNECKI'S REQUEST FOR SITE PLAN EXTENSION FOR A
USED VEHICLE SALES AND U -HAUL RENTAL FACILITY
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 6, 1990.
DESCRIPTION AND CONDITIONS:
On February 28, 1989, the Board of County Commissioners approved a
special exception use application submitted by Ed Czarnecki for a
used -vehicle and U -Haul Rental facility. The minor site plan
approval granted by the TRC on January 12, 1989 was contingent
upon the special exception approval; thus the applicant's effe6-
tive approval date was February 28, 1989. Approval was given to
convert an existing building to the referenced use and to allow
additional site work.
Due to illness, Ed Czarnecki has been unanble to commence con-
struction prior to the expiration of the approved site plan.
However, if no construction has begun by February 24, 1990, the
site plan approval will lapse unless otherwise extended by the
Board of County Commissioners.
No regulations have changed since the time of site plan approval
that would affect the project design if reviewed as a new plan.
Pursuant to the provisions of Section 23.2(G)(2), Appendix A of
the Zoning Code, Mr. Czarnecki is requesting a full 1 year exten-
sion of the approved site plan. It has been the policy of the
Board to grant extensions to projects which conform to current
codes.
RECOMMENDATION:
Staff recommends approval of Mr. Czarnecki's request for a one
--year extension of the approved site plan; the new expiration date
to be February 28, 1991.
FEB 6 1990 8 BOOK AF'GF, I
BObK.` 9 PAGE 1
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Mr. Czarnecki's request for a one-year extension of the
approved site plan; the new expiration date to be
February 28, 1991.
J. Corrective Resolution of Abandonment
The Board reviewed the following memo dated 1/17/90:
TO: The Board of County Commissioners
FROM: William G. Collins II - Assistant County Attorney
DATE: January 17, 1990
SUBJECT: Corrective Resolution of Abandonment
On August 8, 1989 the Board of County Commissioners adopted
a resolution abandoning a portion of 92nd Court and 21st
Street. The Resolution of Abandonment was recorded and
transmitted to the Property Appraiser. The Property
Appraiser notified this office of an incorrect call in the
legal description of,..,the property being abandoned. In the
process of drafting the corrective resolution, I noticed
that In the close of paragraph 1 of Resolution No. 89-79,
the entire right-of-way was retained as an easement. In
other words, the attempted abandonment was ineffective.
According to the agenda item prepared for the Board, it was
the intention of the County staff to retain the entire
right-of-way as a drainage and utility easement. The
Corrective Resolution has been redrafted to correct this
oversight.
RECOMMENDATION
Adopt the Corrective Resolution to Resolution No. 89-79
abandoning a portion of 92nd Court and 21st Street.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 90-19, correcting Resolution 89-79,
providing for the closing, abandonment, and vacation of
a portion of 92nd Court and 21st Street.
9
CORRECTIVE RESOLUTION NO. 90-19
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CORRECTING RESOLUTION NO.
89-79, PROVIDING FOR THE CLOSING,
ABANDONMENT, AND VACATION OF A PORTION
OF 92ND COURT AND 21ST STREET, SAID
LANDS LYING IN INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, on March 9, 1989 the County received a
duly executed and documented petition from John N. Fountain
of Rockledge, Florida, requesting the County to close,
vacate, abandon and disclaim any right, title and interest
of the County and the public in and to portions of 92nd
Court and 21st Street, said lands lying in Indian River
County, Florida;
WHEREAS, in accordance with Florida Statutes
Section 336.10, notice of a public hearing to consider said
petition was duly published;
WHEREAS, after consideration of the petition,
supporting documents, staff investigation and report, and
testimony of all those Interested and present, the Board
found that said right-of-way was not a state or federal
highway, nor located within any municipality, nor was said
right-of-way necessary for continuity of the County's street
and thoroughfare network, nor access to any given private
property;
WHEREAS, Resolution No. 89-79 recorded at O.R.
Book 841, Page 1378 was adopted after public hearing on
August 8, 1989 to vacate and abandon a portion of 92nd Court
and 21st Street;
WHEREAS, Resolution No. 89-79 had an improper call
of direction in the legal description, which call is herein
corrected and underlined; and
WHEREAS, in paragraph 1 of Resolution No. 89-79
the entire right-of-way was retained without qualifying that
the easement was retained for drainage and utilities, which
deficiency is herein corrected and underlined;
NOW, THEREFORE, BE IT RESOLVED -BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County
and the public in and to that certain right-of-way being
known more particularly described as:
All of 21st Street between the East line of Blocks
R and S and the East line of 92nd Drive (128th
Avenue as shown on the plat of Paradise Park Unit
No. 3 recorded in the Public Records of Indian
River County, Florida in Plat Book 4, Page 34).
Lying in Indian River County, Florida.
The East 35 feet of Tract 7 in Section 3, Township
33 South, Range 38 East, of the Indian River Farms
Company plat, as shown on the plat of Paradise
Park Unit No. 3, recorded in Plat Book 4, Page 34
of the Public Records of Indian River County,
10 Un
FEB 6 1990
BOOK �I PAGE d
FEB 6 19go CORRECTIVE RESOLUTION NO. 90- 19
Florida, LESS and EXCEPT that part lying within
the right-of-way of the Interstate 95 - SR 60
interchange, the said 35 -foot strip more fully
described as follows:
Begin at the Northeast corner of the said Tract 7
and run Souther Ty; along the East line of t.he,said
tract, a distance of 1109.59 feet to a point in
the North line of a 60 -foot wide service road
lying North of and adjacent to the limited -access
right-of-way of the Interstate 95 - SR 60
Interchange. Then run
Northwesterly along the said right-of-way on an
interior angle of 56045' to the left, a distance
of 41.85 feet to a point. Then run
Northerly, on a line parallel with and 35 feet
measured normal to the first course herein
described, a distance of 1086.64 feet more or less
to a point in the North line of Tract 7. Then run
Easterly along the North line of Tract 7 a
distance of 35 feet to the POINT OF BEGINNING.
Lying in Indian River County, Florida.
Is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remised and released, with the exception that
the entire right-of-way width be retained (as described
above) for a drainage and utilities easement and this
easement—is reserved in perpetuity unto the County and the
Public and shall not be deemed to have been closed or
abandoned in any way by this resolution.
2. Notice of the adoption of this resolution
shall be forthwith published once within thirty (30) days
from the date of adoption hereof; and
3. The Clerk is hereby directed to record this
resolution together with the proofs of publication required
by Florida Statutes Section 336.10 in the Official Record
Books of Indian River County without undue delay.
The foregoing corrective resolution was offered by
Commissioner Scurlock who moved its adoption. The
motion was seconcied- by CTrR5 ss loner Bird and upon
being put to a vote, the vote was as_TiTTows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard.N. Bird -AyLr-
Commissioner Margaret C. Bowman eye
Commissioner Don C. Scurlock, Jr. ±-
Commissioner Gary C. Wheeler A,ye
The Chairman thereupon declared the corrective
resolution duly passed and adopted this 6th day of
February , 1990.
BOARD OF COUNTY COMMISSIONERS.
INDIAN RIVER COUNTY, FLORIDA
By
t✓a�olyn K. Egger Uiialrm na
K. Budget Amendment - Supervisor of Elections
The Board reviewed the following memo dated 1/31/90:
''RIVER C l
• ••��
/ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
DATE: JANUARY 31, 1990
TO: CAROLYN EGGERT, CHAIRMAN, BCC
FROM: ANN ROBINSON,SUPERVISOR OF ELECTIONS /:'v
RE: AGENDA ITEM FOR CONSENT AGENDA OF FEBRUARY 6, 1990
We have agreements with the municipalities to administer
their elections on March 13, 1990. Please amend the
elections budget to include the money from each city or town,
which amount totals $11,400 to be put into 001-700-519-036.74,
Special Elections Account.
The money comes from the municipalities as follows:
Vero Beach $6,000
Sebastian 3,500
Fellsmere 1,200
Orchid 700.
Thank you.
Copy to:
Joe Baird, Budget Director
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously amended
the elections budget, as recommended by the Supervisor
of Elections.
12
FEB 6 1990
L
L.' Late Night Retail Store Ordinance
BOOK /9 DGE 19
The Board reviewed the following memo dated 1/31/90:
TO: Board of County Commissioners
THUR: Charles P. Vitunac - County Attorney
FROM: Sharon P. Brennan - Assistant County Attorney 5_�
DATE: January 31, 1990
SUBJECT: LATE NIGHT RETAIL STORE ORDINANCE
On March 22, 1988, this Board considered adoption of an
ordinance which would regulate late night retail store
operation. After discussion, the Board decided to table the
matter, until there was an opportunity to see how effective
similar ordinances were in other cities.
The City of Vero Beach adopted such an ordinance in March of
1988, and according to Police Ch-ief Jim Gabbard, there have
been no robberies or other problems in the subject stores
since that time. I have also spoken with City of Sebastian
Police Sergeant Hardison, the midnight supervisor, who has
stated that to the best of his knowledge, there have been no
robberies of late night stores within the City of Sebastian
since the adoption of their ordinance in 1986. 1 have
attached a newspaper article describing the results In the
City of Gainesville since the passage of its ordinance in
1986. A draft ordinance based on the City of Vero Beach
ordinance is presented today for approval to advertise,
should the Board decide to proceed with adoption of this
type of ordinance. This ordinance would require late night
retail stores to either:
1. Have a minimum of two employees on the premises
from 11:00 p.m. until closing or 7:00 a.m., which
ever occurs first; or
2. Construct a self-contained pay booth meeting
standards contained in the ordinance for the
protection of the cashier(s); or
3. Install an audoivisual monitoring system which
allows security personnel live access to the
operation 24 hours a day.
Assistant County Attorney Sharon Brennan explained that this
ordinance is an adaptation of the one used by the City of Vero
Beach, and at the Chairman's request she called various
convenience stores to see how the ordinance had worked out. Some
of the store managers suggested that the hours be earlier than
11:00 o'clock P.M., and one store even felt that it should be as
early as 8:00 o'clock P.M.
13
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously scheduled
a Public Hearing on March 6, 1990, at 9:05 o'clock
A.M. for consideration of the adoption of the proposed
Late Night Retail Store Ordinance and authorized the
advertisement of such, as requested by Attorney
Brennan.
M. Release of County Utility Liens
The Board reviewed the following memo dated 1/31/90:
TO: Board of County Commissioners
�Y Sb
FROM: Cha les P. Vitunac - County Attorney
DATE: January 31, 1990
SUBJECT: CONSENT AGENDA - BCC MEETING 2-6-90
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
RIVER SHORES ESTATES WATER
in the names of JOSEPH A. ELOVITZ, JR.
Release of -Special Assessment Lien
NORTH COUNTY SEWER PROJECT
in the name of CLYDE AMBROSE POWERS and
ANN A. POWERS
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously released
the above -listed county utility liens.
RELEASES OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
FED 61990 14 �oa� Fir e
I
FEB 6 1990 BOOK 79 FAGE 21
N. Budget Amendment 031__ Miscellaneous Budget Amendments
The Board reviewed the following memo dated 1/30/90:
TO: Members of the Board
of County Commissioners
DATE: January 30, 1990
SUBJECT: BUDGET AMENDMENT 031 -
MISCELLANEOUS BUDGET AMENDMENTS
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
Description and Conditions
The attached budget amendment is to appropriate funding for the following:
1. The County attorney's office had budgeted paying off the lease
agreement for the West Law computer terminal on September 30, 1989
(1989/90 fiscal year). Due to delays, the terminal was paid off in
the current fiscal year and one additional lease payment was made at
a total cost of $2,377.00. The budget amendment appropriates funding
in the new fiscal year by increasing the budgeted Cash Forward
Revenue on October 1, 1989 and increasing the Furniture Capital
Expenditure line item.
2. The Board of County Commissioners authorized the Main Library roof
repairs at an estimated cost of $30,000 by transferring funds from
the General Fund Contingency to General Service Building Maintenance.
3. Indian River County recently switched from the System 38 computer to
the AS System 400. At the time of the change, it was not known that
the existing terminal and ancillary equipment at Fleet Management
would not communicate with the new AS 400 requiring them to purchase
a new terminal ($952), remote control unit ($2,205), and two modems
(2 @ $698.00 each = $1,396.00). Since this was way beyond the
control of Fleet Management and because Fleet Management's budget
cannot absorb.this, staff would like to transfer $4,553.00 from the
General Fund.
4. In an attempt to square `off the -Hobart Park property for recreation
purposes, staff is looking into the feasibility of purchasing the
Ciba-Geigy property which our Hobart Park property presently
surrounds. In order to do this, we will need to obtain an appraisal
which is estimated at not to exceed $1,900.00. Funds would be
transferred from the M.S.T.U. contingencies to M.S.T.U. Parks
Department.
5. Indian River County in the past has not budgeted Tax Collector's fees
in the M.S.T.U. and have always paid the fees from the General Fund.
For proper cost allocation, the staff estimates the M.S.T.U.'s pro
rata share of the Tax Collector's fee should be paid from the
M.S.T.U.. The attached entry increases Revenue Cash Forward October
1, 1989 and increases the line item expense Tax Collectors fees in
the amount of $35,000.00.
15
a
6. At budget time it was estimated that all of Siver Insurance
Consultants fees would have been paid in the 1989/90 fiscal year.
This did not occur; therefore, we are increasing both General Fund
Cash Forward Revenue October 1, 1989 and increasing the expense line
item General Fund Risk Management/Professional Services by
$14,361.00.
7. In the meeting of June 27, 1989, the Board of County Commissioners
authorized title search work be done on Jungle Trail not to exceed
$5,000.00. Funds were appropriated in the 1988/90 fiscal year;
however, we are now just receiving the bills. The attached entry
increases General Fund Cash Forward revenue 1989/90 and increases
General Fund/Board of County Commissioners/Professional Services.
8. Solid Waste had budgeted a Trail Mower in the 1988/89 fiscal year.
The mower was ordered on July 11, 1989, but was not received until
November at a cost of $17,554.00. The attached entry appropriates
funding in the 1989/90 fiscal year.
9. At the meeting of May 9, 1989 the Board of County Commissioners
authorized the payment of engineering fees to Gee & Jenson in the
amount of $87,023.00 for 58th Ave. from Oslo to SR 60. Payment was
to be from District VIII Impact Fees ($50,000.000) and District IX
($37,023.00). In addition, the Board of County Commissioners
authorized the design of intersection improvements from CR 510 at SR
AIA at a cost of $49,721.00 from District I Impact Fees.
10. In the meeting of November 17, 1989, the Board of County
Commissioners authorized right-of-way acquisition along 43rd Avenue
and 13th Street SW (The Grove Subdivision) at a cost of $40,755.00.
Funds in the amount of $25,950.00 to be from Secondary Road Trust
Fund 109 and $14,825.00 from District VI Road Impact Fees.
Recommendation
Staff recommends the Board of County Commissioners approve budget amendment
031.
Chairman Eggert understood that Items 3 and 5 are new items
before the Board, and OMB Director Joe Baird explained that Item
3 covers the cost of Fleet Management's switch from the System 38
computer to the AS System 400. Since this was way beyond the
control -of Fleet Management and because Fleet Management's budget
cannot absorb this, staff would like to transfer $4,553 from the
General Fund contingencies.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
Item 3 on Budget Amendment 031, as recommended by
OMB Director Baird.
FEB 61990 16 R00K
FEB
1990
aooK
! 9
FACE
With regard
to Item 5, Director Baird explained
that
in
the
past we have not budgeted the Tax Collector's fees in the
M.S.T.U. and have always paid the fees from the General Fund.
For proper cost allocation, the staff estimates the M.S.T.U.'s
pro rata share of the Tax Collector's fee should be paid from the
M.S.T.U. Item 5 increases Revenue Cash Forward October 1, 1989
and increases the line item expense Tax Collector's fees in the
amount of $35,000.
Director Baird explained that we did not reduce the General
Fund's budget because the Tax Collector may be coming in for a
change due to the new assessment districts we created and we are
not sure what that is going to do. Since the Tax Collector is a
fee officer, the amount we show in the budget is the net amount
of the fees he earns. His budget is about $1.2 million, but we
only pay about $350,000 of it because he earns the rest from fees
for car tags, etc., and turns back the money to the County.
Chairman Eggert wondered if we should do all of this at the
same time rather than in dribbles, and Director Baird advised
that we can clear up this one right now, but the other one is
going to take time and he would like to move it over, get it out
of the way, and start reassessing the funds as the Tax Collector
makes his collections.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
Item 5 on Budget Amendment 031, as recommended by
OMB Director Baird.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the entire Budget Amendment 031, as modified in Items 3
and 5.
17
I
� � r
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 031
DATE: January 31, 1990
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/
Cash Forward
001-000-389-040.00
2,377.
0
EXPENSE
GENERAL FUND/
Attorney/Furniture & Ecruipment
001-102-514-066.41
2,377.00
S 0
2.
EXPENSE
GENERAL FUND/
Building & Grounds/Roofing
001-220-519-041.21
$30,000.00
0
Building & Grounds Contin enc
001-220-581-099.91
$30,000.00
0
3.
REVENUE
FLEET MANAGEMENT/
Funds Transfer In
501-000-381-020.00
4,553.00
0
EXPENSE
FLEET MANAGEMENT/
Furniture and Equipment
501-242-591-066.41
4,553.001$
0
GENERAL FUND/
Funds Transfer Out
001-199-581-099.92
S 4.553.00
S 0
Reserve for Contingency
001-199-581-099.91
0S
4,553.00
4.
EXPENSE
M.S.T.U./
Reserve for Contingency
004-199-581-099.91
0
11900.00
M.S.T.U./Parks
Other Professional Services
004-210-572-033.19
S 1 900.00
0
5.
REVENUE
------
M.S.T.U./
Cash Forward Oct. 1
004-000-389-040.00
$35,000.00
0
EXPENSE
M.S.T.U./
Tax Collector
004-400-586-099.07
$35.000.00
0
6.
REVENUE
GENERAL FUND/
Cash Forward Oct. 1
001-000-389-040.00
$14,361.00
0
Risk Mg ./Other Prof. Services
001-246-513-033.19
14 361.00
0
FE 199® , 8 BOOK i' F; ut 2Zi
BOOK i �.
ME 2
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
7.
REVENUE
GENERAL FUND/
Cash Forward
001-000-389-040.00
9 5-000.00
0
BCC Other Professional Services
001-101-511-033.19
5,000.
0
S.
REVENUE
SOLID WASTE DISPOSAL DISTRICT/
Cash Forward - October 1
411-000-389-040.00
$17.554.00
0
EXPENSE
SOLID WASTE DISPOSAL DISTRICT/
Landfill Other Machine & Ecm.
411-217-534-066.49
$17,554.00
0
9.
REVENUE
ROAD IMPACT FEE/
District I
101-151-541-067.11
$49,721.00
0
District VIII
101-158-541-067.23
$50,000.00
0
District IX
101-159-541-067.23
S37.023.00
S 0
Cash Forward - Se tember 30
101-214-541-099.92
S 0
$136,744.
10.
REVENUE.
SECONDARY ROAD CONSTRUCTION
Ri ht-of-Wa
109-214-541-066.12
$40,755.00
S 0
ROAD IMPROVEMENT FEES
Ricrht-of-Wav
S14.825.00
S 0
Cash Forward - September 30
101-214-541-099.92
S
5.0
SECONDARY ROAD CONSTRUCTION
Reserve for Contingency
109-214-581-099.91
0
S40.755.00
19
0. IRC Bid 90-23 - Laboratory Service Testing - Utilities Dept.
Postponed for one week.
P. IRC Bid 90-34 - Walk -Through Metal Detector - Courthouse
Security
The Board reviewed the following memo dated 1/22/90:
DATE: JANUARY 22, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: WALK-THROUGH METAL DETECTOR
INDIAN RIVER COUNTY BID #90-34
BACKGROUND:
As instructed by the Board and in accordance with Judge Geiger's
Order for increased courthouse security, staff sent out request for
bids on the subject equipment. On December 19, 1989 the bid request
was properly advertised and five (5) invitations were sent out. On
January 17, 1990 two (2) bids were received.
ANALYSIS:
Staff has reviewed the submittals to ascertain adherence to
specifications. Heitnereps, Inc. of Marietta, Georgia was low bidder
by $220.00. The Lang Agency of Vero Beach was the high proposal.
This writer telephoned each of the companies to confirm their
maintenance and warranty programs. (See attached memorandum).
FUNDING•
Monies for the purchase of this equipment will come from funds
appropriated by the Board of County Commissioners on November 7,
- 1989. An amount of $4,000.00 was authorized at the meeting.
RECOMMENDATIONS:
Based on the cost of service from the two bidders, staff recommends
award of the bid to the Lang Agency at a cost of $4,345.00. It is
also requested the Board authorize appropriation of the additional
$345.00 to fund this purchase. Funds will come from the Court
.....Facility Account. -- - -- --
20
_ POOK f FA,,E
I
Fr—
BOOK 79 PAGE 27
Commissioner Bird asked whether we had a chance to check out
the two different brands of detectors, and General Services
Director Sonny Dean advised that both brands met the
specifications that we outlined in our bid proposal. He
recommended the higher bid because of their maintenance program.
With a local company, we would not have to pay a travel charge,
and the low bidder was portal to portal charges at $80 an hour.
Staff is recommending that the bid be awarded to the best bid,
which is higher by $220.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded IRC
Bid 90-34 to Lang Agency in the amount of $4,345, and
approved Budget Amendment 047 in the amount of $345
to come from the Court Facilities account, as set out
in staff's recommendation.
1; Bo ikb OF coUN47 COMMISS1110" 4
Data 1/17/90
;• 1840MIA
S&44 vow B.arb.FIM" =0
PURCHASING DEPT.
BID TABULATION
•
P
.�i1blMHed By DomTnfdc L Mascola
• raa. 13M a"aow
Z �..,•
I I: PURCHASING MAHACER
Bid No. 90••3 Date of Opening 1/17/90
Recommended Awad
��ORlO)` $Bid
Tltts Vml�-71=08h neral Datectac
HEIZZEREPS, DC
4,125.00
� r.
1. Heitnereps, be
3= IloeueU Rd. HE Seita 4 .
'$4,US.W
t
Had tte, Ge 30062 (404i578-0102
2. 5be Len
1
1845 14th Avenue
Mesa Beach. blorida 32960 (407)567-8923
$4,345.00 '
4
•
I
21
_I
To,. ,,, .Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB
Director (�/,
SUBJECT: .BUDGET AMENDMENT
NUMBER: 047
DATE: March 6. 1990
Entry
Number
Funds De a tment A count Name--
Account Number
Increase
pecrease
1
EXPENSE
COURT FACILITIES/
from
JUNIOR
ACHIEVEMENT programs;
Office Furniture and Ecruiument
106-909-516-066.41
345.00
S 0
NOW, THEREFORE BE IT RESOLVED, THAT THE BOARD OF
Reserve for Contingency
06-909-581-099.91
0
S 345.00
unanimously proclaim the month of February as
r
t
i
JUNIOR ACHIEVEMENT MONTH
Q. Proclamation - Junior Achievement Month
P R O C L A M A T I O N
WHEREAS, JUNIOR ACHIEVEMENT is a non-profit
organization established to promote economic literacy and
understanding of business and private enterprise among young
people --the future leaders and participants in society; and
WHEREAS, success is achieved by developing high quality
economic education programs, and by developing partnerships
between business and education leaders who present the
programs to the young people, primarily, within the school
system; and
WHEREAS it 'is JUNIOR ACHIEVEMENT of East Central
Florida's conviction that its unique approach to economic
education and leadership development will equip and
encourage its participants to preserve and improve the
private enterprise system they inherit; and
WHEREAS, the ultimate goal of JUNIOR ACHIEVEMENT of
East Central Florida, chartered on October 29,
1989,
is to
make available to every Indian River County
student the
opportunity to participate in and benefit
from
JUNIOR
ACHIEVEMENT programs;
NOW, THEREFORE BE IT RESOLVED, THAT THE BOARD OF
COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
does
hereby
unanimously proclaim the month of February as
t
i
JUNIOR ACHIEVEMENT MONTH
in Indian River County and encourages all citizens to
support, learn and participate in JUNIOR ACHIEVEMENT's
various programs, and to share their knowledge with others.
Adopted in regular ses4ion this 6th day of February,
1990. •
_•_ 9OARD_OF COUNTY_COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY ed #4 f Z
Caroly K. Egger % ha rman
61
22 `
FEB1-990BGGK p►,�C
FEB �0
BOOK
PUBLIC HEARING - EVANS REQUEST TO REZONE 20 ACRES FROM
RS -3 TO A-1 (HELSEL)
79 PAGE 20
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero 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-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, beingtr
NOTICE — PUBUC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from: RS -3.
a
Single -Family Residential District to A-1, Agricul-
tural District. The subject property is presently
_
owned by uwan Helsel. as trustee and Is located
i
��
-
� nappro
- in the matter of � — --
----an amel 1t300"�t off 66th Avenue'
—
_ <.
(C.R. 615). The subject property Cantalning ap-
,
,-
proximately 20 acres Is lying In the SW V4 section
of Section 32. Township 1S,Range 39 East,
lying and being in Iridian River County.: -1
A public hearing at which parties In Mtereat;
k�:- •.,,. _ :
and citizens shall have an opportunity to be
in the Court, was pub-
:.+ �'
heard, will be held by the Board of County Com-
=
missioners of Indian River County. Florida, M the
County
�•'' ' '�
r.+. y.
County Commission. Chambers of •the
Administration Building, located at 1840 25thi
a=•a... ;- shed in said newspaper in the issues of
Street Vero Bestir. Florida on Fetutwry 8;, 1890,.
.
a19:05a.m.-`._•,._•....-1 •c.y.: ,.-'�••.•n- e1'
_ `}`. _. ti;, •-• :
Anyone who insy wish to appeal any decision
be made this meeting Will need to
which may at
ensure that a verbatim record of the proeeed-i
Ings is made. which includes the testimony and i
- • Affiant further says that the said Vero Beach Press•Journal is a hews a er ublished at
andence upon which the appeal is basad. • • a
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
y
Indian and County Co er
�'•' Board of County Commhslonera
been continuously published in said Indian River County, Florida, each daily and has been
- .si:vi.•
ey-s Carolyn Eggert Chairman -
I
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
Jan: 16,1990 - •'- �0 `•848572 i
,.: .:
• Florid f i • d f
,
ty, a, or a per o 0 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 refunJfo he purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this ;:day,A.D. 19 �
/tet- (Bujiness Manager)
109 0
(SEAL) (Clerk of the Circuit Court, Indian River Count Florida)
23
y
The Board reviewed the following memo dated 1/22/90:
TO:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keati , A
ITIV
Community Devel6pmedy Director
_ THRU:
Sasan Rohani _�. P.
Chief, Long -Range Planning
FROM:
Robert M. Loeper fiviG
Staff Planner
DATE:
January 22, 1990
SUBJECT: EVANS REQUEST TO REZONE 20 ACRES FROM RS -3 TO A-1
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 6, 1990.
DESCRIPTION AND CONDITIONS:
This is a request by Ralph Evans to rezone property from RS -3,
Single -Family Residential District (up to 3 units/acres) to A-1,
Agricultural District. The subject prooperty is located on the
north side of 77th Street (Hobart Road), approximately 1300 feet
east of 66th Avenue (Lateral "A") and is owned by Lillian Helsel.
Treasure Coast Radio, Inc., intends to build a radio transmission
tower on the site.
On December 14, 1989, the Planning and Zoning Commission voted 5
to 0 to recommend to the Board of County Commissioners approval of
this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any _significant—adverGP ?mpacts—on-environ-__—______.._. __
mental quality.
Existing Land Use Pattern
subject property, currently zoned RS -3, is part of a 60 acre
tract. The property has been cleared for grazing or pasture and
contains a residence located near the front of the property. In
addition to the residence, the property is used for the raising of
ponies. Surrounding property is also zoned RS -3, except for a
parcel on the west which is zoned. -A-1. Land uses are primarily
agricultural, consisting of citrus groves, pasture and horse
farming. Non-agricultural uses are limited to uncleared native
land on the south side of 77th Street. Undeveloped portions of
Hobart Park are located approximately 1300 feet east of the
subject parcel.
FELB 61990 2`` Boor. ��:
Future Land Use Pattern
The .Comprehensive Plan designates the subject property and all
surrounding property as LD -1, Low -Density Residential 1 (up to 3
units/acre). This designation is consistent with the new
comprehensive plan designation.
Transportation System
The subject property is located on 77th Street which is currently
an unpaved road designated as a collector on the Thoroughfare
Plan.
Environment
The subject property is not located within a flood prone area nor
is it designated environmentally sensitive on the Comprehensive
Plan.
Utilities
Public water and sewer are presently not available; however, the
county is developing both water and sewer plants at Hobart Park to
serve the north county.
Analysis
In reviewing this request, staff has examined the existing land
use pattern and the land use pattern set forth in the
Comprehensive Plan.
The requested zoning is of a lower density than that which
currently exists but is not inconsistent with the existing land
use pattern or designation.
The existing . land use pattern of this area is primarily
agriculture, consisting of citrus and open land with some
residential uses. A horse farm is located on the adjacent
property. Several small pockets of residential development are
located within a mile radius. The county Fairgrounds and Horbart
Park are approximately a quarter of a mile to the east. The area
can therefore be classified as rural despite the higher land use
designation.
The Agricultural district permits those uses which are normally
found in rural and agricultural areas. Some agricultural uses
which are compatible with rural residential development are
also permitted as accessory uses in low density residential
districts. The agricultural uses in proximity to the subject
property, however, are non -conforming and, as such, may continue,
only under the non -conforming use provisions of the zoning code.
The establishment of new or changed agricultural uses, however,
requires the rezoning of property.
-------The Agricultural district also permits several large scale uses
such as major sports and recreational facilities, airports, large
public utilities and transmission towers which may conflict with
urban residential uses or require extensive buffering.
Conclusion
The subject property is located in a rural area of the county
�..,:... dominated, by agricultural and rural residential uses. While
designated for low density residential development, it is not
likely that this. type of use will occur for some time in the
future. Given the surrounding uses, approval of the request would
25
not result in the creation of spot zoning nor would. it permit a
highly noticeable change in uses.
It is, therefore, the opinion of staff that the proposed zoning
change would be reasonable and not limit the prospects for future
residential development.
RECOMMENDATION
Based on the analysis performed, staff recommends that the Board
of County Commissioners appprove this request.
Chairman Eggert opened the Public Hearing, and asked if
anyone wished to be heard in this matter. There being none, she
closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously adopted
Ordinance 90-2, rezoning 20 acres of property owned by
Lillian Helsel from RS -3 to A-1.
26
FEB 1990
r �
FEB 6 1990; BOOK.79Fact
ORDINANCE NO. 90- 2
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FROM RS-3,SINGLE-FAMILY RESIDENTIAL DISTRICT TO A-1,
AGRICULTURAL DISTRICT, FOR THE PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF 77TH STREET, APPROXIMATELY
1300 FEET EAST OF 66TH AVENUE, AND DESCRIBED HEREIN,
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
The west I of the southeast j of the southwest i of Section
32, Township 31 south, Range 39 east. Said land lying and
being in Indian River County, Florida.
Be changed from RS -3, Single -Family Residential District to A-1,
Agricultural District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 6th day of February
1990.
This ordinance was advertised in the Vero Beach
Press -Journal on the 16th day of January , 1990, for a public
hearing to be held on the 6th day of February 1990 at which
time it was moved for adoption by Commissioner heeler ,
seconded by Commissioner Scurlock , and adopted by the following
vote:
27
77
ORDINANCE NO. 90— 2
Chairman Carolyn C. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock Aye
Commissioner Gary C. Wheeler Ave
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By Z,
Carol K. Egge , Chairman
PUBLIC HEARING - TREASURE COAST MEDIA INC.'S REQUEST FOR SPECIAL
EXCEPTION APPROVAL FOR A 500 -FT. FM RADIO TRANSMISSION TOWER
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero 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
�
NOTICE OF PUBLIC HEARING •' - �_.-
a fl[l"��/
Notice of hearing to consider the granting of I
,
special exception approval for. a 500• Radio ;
Tower. The subject property Is presently owned '
-- in the matter of �/L7/� 1 /ItCG�Gf/ _.__._.._...—
--by the Estate of Lillian Hersel. '
•'
•�..'
Th e subject properly Is described as:'
WEST HALF O� THE SOUTHEAST''
�,y;..�
OUARTER OF THE ' SOUTHWEST-'
"•.F
OUARTER OF SECTION 32, TOWNSHIP •
31 SOUTH, RANGE 39 EAST, LYING IN
" INDIAN RIVER COUNTY: ..A+..,--
=:?: in the _ Court, was pub
`#
- :�,,..:..." •,:
A public hearing at which paNes In lnte►est
Lra"�,3;!?:'•, - _
and citizens shall have an opportunity to be
/
i.,u`f • �G / O
'-.
heard, will be held by the Board of County Com-
,-Ilshed in said newspaper in the issues of
=County
missioners of Indian River County, Florida, In the I
��.`
Commission .Chambers of fire County
t�,'•irs
Administration Building, located at 1940 25th'
Street, Vero Beach, Florida on Tuesday. Febru-
ary 6. 1990. at 9:05 a.m. '
�
Anyone who may wish to appeal ar% decision
-"' Afflant further says that the said Vero Beach Press -Journal is a newspaper published at
Y
:'. Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
wa hleh may made strn this meeting vrllt need i
ensure that a verbatim record of the proceedings '
Is made, which Includes the testimony and evt-
been continuously published in said Indian River County, Florida, each daily and has been
denceuponwhlchtheappeallsbased :+••;:Zj
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
P
IN RIVER COUNTY J
BOARD OF COUNTY COMMISSIONERS
ty, Florida, for a period of one year next preceding the f irst publication of the attached copy df
By:-s-CAROLYN EGGERT. CHAIRMAN
advertisement; and affiant further says that he has neither paid nor promised any person, firm
Jan. 16, 1990 646578 ,'
or corporation any discount, rebate, commission or refund for t e purpose of securing this
advertisement for publication in the paid newspaper.
Sworn to and subscribed before me this day 4f - .D. 19
tet.
(Business Manadel
(Clerk of the Circuit Court, Indian River—Coup y, ,Florida)
(SEAL)
rfw.lel
r
28 Roar `l unFa,c 3
BOOK 79 PAGE�'
5
The Board reviewed the following memo dated 1/29/89:
TO: James E. Chandler
County Administrator
DIVIS N HEAD CONCURRENCE:
Ro ert M.Matidg, CPV
Community Developm t D'ictor
THROUGH: Stan Boling; =
Chief, Current Development
FROM: John W. Mccev"A
Staff Plann , Current Development
DATE: December 29, 1989
SUBJECT: TREASURE COAST MEDIA INC.'S (WCXL) REQUEST FOR SPECIAL
EXCEPTION APPROVAL FOR A 500' FM RADIO TRANSMISSION
TOWER
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 6, 1990.
PROPOSED DEVELOPMENT AND LOCATION:
Ralph Evans, on behalf of Treasure Coast Media, Inc. (WCXL) , has
submitted an application for major site plan and special exception
approval for a 500' radio transmission tower to be located at 6390
77th Street. An application to rezone the subject property from
RS -3 to A-1 is pending. [Note: the Planning and Zoning Commis-
sion has recommended to rezone the property to A-1. The Board is
scheduled -to consider the rezoning prior to consideration of this
Special Exception request.] This application is predicated upon
rezoning the property to A-1.
The 500' tower would allow WCXL to modernize and expand its FM
broadcasting facilities and capabilities. The applicant has
already secured the required FAA, FCC, and FDOT approvals.
Special exception uses are those types of uses that would not
generally be appropriate throughout a particular zoning district.
However, when special exception uses are carefully controlled as
to number, area, location, and/or relationship to the vicinity,
such uses would not adversely impact the public health, safety,
comfort, good order, appearance, convenience, morals and general
welfare and as such would be compatible with permitted uses within
the particular zoning district. In granting any special excep-
, the Board may prescribe
-tion y p appropriate special conditions and
.x.,.��,,...
-_safeguards to assure the use is compatible with surrounding uses
:in the district.
The Planning and Zoning Commission unanimously recommended ap-
proval of this project at its January 11, 1990 meeting(See Attach-
ment #4).
ANALYSIS:
1. Size of Development Area: 20 acres
29
2. Zoning Classification: RS -3 Residential Single Family
(as of date of this report)
A-1 Agricultural (An application to
rezone the subject property to A-1
should precede this application)
3. Land Use Designation: LD -1 (Low Density Residential up to 3
units per acre)
4. Building Area: 455 square feet
5. Traffic Circulation: The project will utilize an existing
unpaved drive to access 77th Street. This driveway serves an
existing residence on the site. The applicant has indicated
the residence will be removed. Note: the residence is
outside the designed fall radius of the tower. -
6. Off -Street Parking Required: 1 space
Provided: 1 space
7. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department, and a Type "A"
stormwater permit has been issued.
8. Landscape Plan: The landscape plan is in conformance with
Ordinance #84-47 and applicable special exception criteria
relating to buffering.
9. Utilities: The project will not be serviced by sanitary
facilities.
10. Dedications and Improvements: This section of 77th Street is
bounded on the south by a drainage district canal and is
designated as a minor arterial which requires a minimum of
100' of right-of-way. Currently 45' of road right-of-way
exists for 77th Street. The applicant has agreed to -dedicate
15' of property to bring 77th Street up to the 60' local road
standard as required in the site plan ordinance. The appli-
cant has agreed to keep any and all required site improve-
ments out of the ultimate 77th Street right-of-way.
11. Special Exception Criteria:
a. The designed fall radius of the tower is depicted on the
site plan and does not impact adjacent uses or the
existing residence on site.
b. A certified, signed and sealed statement from a Florida
Registered Professional Engineer states that the tower
would collapse within the designed and specified fall
radius depicted on the plans.
C. In no case shall. the fall radius (110% of height or
other approved design fall radius) encroach upon exist-
ing off-site structures or residentially zoned property.
d. The distance of any guy anchorage or similar device
shall be at least ten (10) fee from any property line.
e. Suitable protective -anti -climb -fencing-land -a landscape
planting screening shall be provided and maintained
around .the structure and accessory attachments. Where
the first 50' of a tower is visible to the public, the
applicant shall provide one canopy tree (oak, pine,
etc.) per 3,000 square feet of the designated fall
•. radius.
9-
F E B
FEB 199®, 30
FED cs 1990 Boa 7
f. All accessory structures shall be subject to htehegh�eigght I
restrictions provided in Section 25(a),
ex-
ceptions.
g. If voltage of more than two hundred twenty_ (220) volts
is necessary for the operation of the facility and is
present in a ground grid or in the tower, signs located
every twenty (20) feet and attached to the fence or wall
shall display in large bold letters the following:
"HIGH VOLTAGE - DANGER."
h. No equipment, mobile or immobile, which is not used in
direct support of the transmission or relay facility
shall be stored or parked on the site unless repairs to
the facility are being made. (Applies only on A-1 zoned
property.)
i. No tower shall be permitted to encroach into or through
any established public or private airport approach plan
as provided in the airport height limitations of Section
25(p).
j. All towers shall submit a conceptual tower lighting
plan. Louvers or shields may be required as necessary
to keep light from shining down on surrounding prop-
erties.
k. The reviewing body shall consider the impact of the
proposed tower on residential subdivisions near the
project site.
1. All property owners within 600' of the property boundary
shall receive written notice.
All of these criteria have been met by the application, including
required tree plantings and buffering.
12. Surrounding Land Use and Zoning:
North:
Vacant/RS-3
South:
Vacant/RS-3
East:
Vacant/RS-3
West.
-Vacant/A-1
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board
of County Commissioners grant special exception use approval to
Treasure Coast Media (WCXL), with the following conditions:
1. That the subject property must be rezoned to A-1 prior to
release of the site plan; and
2. that 15' of property be dedicated for 77th Street
right-of-way to bring 77th Street up to the local road
standard of 60' prior to release of the site plan.
31
Commissioner Scurlock understood that they are using
Australian pines to buffer this tower, and Stan Boling, Chief of
Current Development, explained that these are existing Australian
pines.
Commissioner Bowman recalled the buffering requirements at
the base of the tower on the last request for a special exception
for a transmission tower, and asked how this concrete base would
be buffered.
Mr. Boling advised that the base will be buffered by a fence
and a hedge of wax myrtle all around it. There will be a hedge
around the guy wire structures also.
Commissioner Scurlock felt that at the last meeting where we
considered the construction of a transmission tower, he heard
from a majority of the Commission an interest in trying to have
limits in terms of the total number of towers we end up with in
Indian River County. There also seemed to be some encouragement
to make sure that when we allow these facilities, they could be
multiple use facilities such as the County's tower at Kiwanis-
Hobart Park, and he hoped that the Planning Department was
looking at that.
Mr. Boling advised that when someone first approaches us
with this kind of project, the first thing staff does is ask them
if they have approached people with existing towers to see if
they can go that route.
Commissioner Scurlock felt it was also important for staff
to ask applicants if they would make their tower available to
others.
Commissioner Bowman asked if these are strobe lights, and
Mr. Boling advised that this is conical strobe lighting, which is
the same system that is being used on the tower built by Central
Assembly of God.
Chairman Eggert opened the Public Hearing, and asked if
anyone wished to be heard. There being none, she closed the .
Public Hearing.
32
11G'I FM,c F�
FEB 1990
FEB 6 1990 BOOK
P4uC r
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously granted
special exception approval to Treasure Coast Media
for a 500 -ft. FM radio transmission tower under the
two conditions listed in the above staff
recommendation.
PUBLIC HEARING - FINALIZED INTERIM MANATEE PROTECTION
SPEED ZONE PLAN
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL.
!/ Published Daily
Vero 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
a.
in the matter
in the_ _ Court, was pub-
lished in said newspaper in the Issues of 1 `w
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 Rost office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the paid newspaper.
Sworn to and subscribed before me this n
t� _ _day of D. 19.,�
-- �' s1`._f' ..; ',:.RA " •tet:, ..� f1 !1••r
(Business Manager)
(Clerk of the Circuit Court, Indian River(o (SEAL) unty, Florida)
--
- / N* -v Put -lit, Stole of Florida -
.r�r;� A +4iPID - bum 29. 1993
33
NOTICE OF PUBLIC HEARRe_
NOTICE IS HEREBY GIVEN that the Board of
County Commissioners of Indian River County,
Florida, shall hold a public hearing at which par -
gas in Interest and citizens shall have an opportuni-
Chamber to sofhthe CounIn .ttyard In eAdminagonCountymBuitd
Florida on Tuesat day February 8 9Vero
90 at 9:0Beach,
a.m. to consider adoption of a resolution anti.
god:
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, APPROW
ING AN INTERIM MANATEE PROTEC-
TION SPEED ZONE PLAN FOR
WATERS
OF THE INDIAN RIVER LA-
GOON IN INDIAN RIVER COUNTY.
A copy of the proposed Resolution will be
available on Friday, February 2, 1990 at the Plan- .
ning Department office on the second floor of
the County Adminisytration Building. y
which may be made at thiwish s ming will need to
ensure that a verbatim record of the proceedings
Is made, which Includes testimony and evidence
upon which the appeal is based.
INDIAN RIVER COUNTY i
BOARD OF COUNTY COMMISSIONERS
BY-s-CAROLYN K, EGGERT
January 31,1990 •, 851271
The Board reviewed the following memo dated 1/29/90:
TO: James Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert eating, CP
Community, Devel pme Director
FROM: Roland DeBlois, AICP
Chief, Environmental Planning
DATE: January 29, 1990
SUBJECT: 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 on February 6, 1990.
DESCRIPTION & CONDITIONS:
On December 19, 1990, the Board of County Commissioners adopted a
resolution approving a "conceptual" interim manatee protection
speed zone plan, which was forwarded to the Florida Department of
Natural Resources to meet a December 26, 1989 timeframe set forth
by the State. The resolution was forwarded with a condition of
flexibility, whereby the Board would send a finalized interim plan
after public hearing input.
The State imposed deadline for counties to submit finalized
interim plans is February 15, 1990. A proposed (revised) interim
manatee protection speed zone plan is provided herein for the
Board's consideration.
ALTERNATIVES & ANALYSIS:
-The Ad Hoc Manatee Protection and Boating Safety Committee met on
January 18, 1990 to discuss and refine the proposed interim plan,
with consideration to the Board of County Commissioner's review
comments at the December 19, 1990 Board meeting. Following is a
summary of the Ad Hoc Committee's speed zone plan refine-
ment/adjustment recommendations.
1. The Committee voted to designate as a ski exemption area
that portion of the 'Indian River Lagoon west of Pine
t={�
�� 34 OuGf<
Island, from the Wabasso Causeway low bridge south to
Hobart channel markers,'in lieu of the ski area present-
ly designated in the Jungle Trail narrows, east of Pine
:=,:"•`
Island. The ski area change is conditioned upon public
input at public workshop/hearings.
2. The Committee voted to recommend that a speed zone
exemption access area from the ICW to the Sebastain
Inlet be broadened to allow for boating traffic patterns
to the north and south.'
3. The Committee voted to make it clear that the ski
exemption area presently designated in the Pelican
Island Wildlife refuge is conditioned upon USFWS ap-
proval.
t={�
�� 34 OuGf<
FEB 6.1990 BooK A Fa;E 41
4. The Committee voted to allow for an approximately 200
yard "shoal clearance" area in the Sebastian River, to
allow boats to go faster than slow speed to clear an
existing shoal. The shoal area is to be clearly marked.
5.. The Committee voted to request that the Marine Adviso-
ry/Narrows Watershed Action Committee (MANWAC) look into
the issue of speed restrictions in the Jungle Trail
Narrows area for boating safety and shoreline erosion
considerations.
The Marine Advisory/Narrows Watershed Action Committee met on
January 19, 1990 and considered the Ad Hoc Committee's request to
form a recommendation concerning speed restrictions in the Lagoon
narrows adjacent to the Jungle Trial. After considerable dis-
cussion, the MANWA Committee voted to forward the following
recommendation:
A speed limit of 25 m.p.h., moderate wake, is recommended for
the ICW from Wabasso Bridge south to marker 120. "Moderate
wake" is defined as waves no greater than seven and one
half(71) inches in vertical distance from ambient water
level.
The MANWA Committee also ,discussed the issue of whether there
should be speed restrictions (i.e.-idle speed) in the ICW under
bridges, extending 100 feet to either side; the matter, however,
was not formally considered for vote.
In the interest of inter-county/agency coordination, prepresenta-
tives of the Indian River County Manatee Protection and Boating
Safety Committee attended a meeting of Brevard County's similarly
form Ad Hoc Committee, which includes representatives of the
Sebastian Inlet Tax District. The Sebastian Inlet Tax District's
manatee protection speed zone review committee has also made
recommendations pertaining to the St. Sebastian River and Indian
River Lagoon, extending south to Wabasso Bridge. Although the
District's committee is generally consistent with the Indian River
County Committee's recommendations, the District's proposal calls
for a larger area of speed zone exemption (see attached).
A joint public workshop has been scheduled for January 30, 1990.
Representatives from the State Department of Natural Resources,
Brevard County, Indian River County, and the Sebastian Inlet Tax
District are to present their recommendations for discussion.
Staff' will give a verbal summary of the workshop's outcome at the
February 6th Board meeting.
REC(AMNDATIONS :
Staff recommends that the Board of County Commissioners adopt a
resolution approving the Ad Hoc Manatee Protection and Boating
Safety Committee's recommendations and finalized interim manatee
protection speed zone plan, ----to be forwarde—lc tc the FDNR- by -'Febru-
ary 15, 1990. It is also recommended that the MANWA Committee's
recommendation of 25 m.p.h., moderate wake, in the ICW from
Wabasso Bridge south to marker 120 be included in the interim
. plan.
35
Commissioner Scurlock would like to encourage the Commission
to pass a resolution asking the State to provide some resource to
the counties being mandated to enact a manatee ordinance to help
in protecting the manatee. He also would like to see us
encourage the Commissions of the other counties to indicate to
the State that if they are going to demand this type of activity
that they put their money where their mouth is, because if the
State is unwilling to provide a sufficient amount of funds to
enforce these ordinances, they will mean absolutely nothing.
Unless we have marine patrol officers or other means to enforce
the ordinance, nothing will be accomplished. He would like to
encourage this Board to take a strong stance on this since we
went through all this trouble and have held these public hearings
to adopt an ordinance.
Chairman Eggert agreed, and instructed staff to prepare a
resolution to that effect for next week's Consent Agenda.
Roland DeBlois, Chief of Environmental Planning, reviewed
the DNR's comments on the conceptual plan:
STATE OF FLORIDA
DF,P-ART',\1rNT_0F NATURAL RESOURCES
mm.;•?ry Stoneman Uouglac Building . 3900 Commonwea!th Boulevarcl • Ttilalmssee. Fk-wida :32390
Tom Gardner, Exccutive Director
February 5, 1990
Mr. Roland M. DeBlois, Chief
Environmental Planning & Codc
Enforcement Section
Indian River County
1840 - 25 Street
Vero Beach, Florida 32960
Dear Mr. DeBlois:
We appreciate the intense effort that has gone into the
development of the Indian River County site-specific speed
zone recommendations for manatee protection. Within the
very short timeframe allowed, you and your staff have developed
proposals that will provide protection for manatees and their
habitat. These recommendations have been thoroughly reviewed
by staff of the Division of Marine Resources. As Beth Beeler
36
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600' "'
F_
FEE 6 199®
1-scussed with you, the
protection measures of
county with designated
the comments below, we
measures are needed to
Bou 43
Department supports the interim
channel -exempt slow speed throughout the
water recreation areas. As addressed in
believe the following additional
better protect manatees in the county:
-Since manatees have been observed along both sides of
the spoil islands located east of the Intracoastal Waterway
(ICW) channel in the Sebastian water recreation area, it is
recommended that this area be roved easterly into the Indian
River and a 300 -foot slow speed shoreline buffer be designated
along the spoil islands. The water ski area could be expanded
easterly to use a larger portion of the Indian River. however,
a 300 -foot slow speed shoreline buffer should also be
designated along the eastern shore of the indian River in the
vicinity of the exempted zone.
-The additional water recreation area indicated
southwest of Sebastian is located in a manatee travel
corridor. Numerous manatees have been observed along the
spoil islands west of the ICW channel. Therefore, this area
is not recommended for exemption from slow speed.
Similarly, the ,jungle Trail Narrows are heavily used by
manatees travelling through the county. The Department
supports the recommendations of the ad hoc Manatee Protection.
and Boating Safety Committee to use the area west of Pine
Island for water recreation in lieu of the Jungle Trail
Narrows. In addition, the Department supports the Marine
Advisory/Narrows Watershed Action committee's recommendation
for a 25 -mph speed limit for the marked channel of the ICW from
the Wabbasso Bridge south to marker 120. For boater safety, a
maximum speed restriction in the marked channel of the ICW
under bridges and extending 100 -feet on either side is also
recommended.
-The water recreation area east of the ICW channel
between Prang island and Porpoise Point does not go all the
way to the ICW channel or all the way to the shoreline as
currently mapped. A designated 300 -foot slow speed
shoreline buffer is recommended extending easterly from the
ICW channel and extending westerly from the eastern shore of
the river. Skiers could be allowed straight travel out to
the recreation area from the ICW and the shore.
-The Department concurs with the Manatee Protection and
Boating Safety Committee's recommendations to designate the
St. Sebastian River.as a slow speed channel -included zone
for the entire river to allow only electric trolling and
paddle vessels into the C-54 canal, and to allow commercial
fishermen the opportunity to apply for exemptions to the
slow speed regulation through our Department's exemption
process. However, a 200 -yard "shoal clearance" exemption to
slow speed in an area of the Sebastian River is not
recommended unless navigation will not be possible without
going faster. if possible, this area should be marked so
that boaters can navigate this area at slow speed.
-Additional consideration needs to be given to the best
way to protect manatees around the Sebastian Inlet. It is
our understanding that the inlet is presently being dredged.
More information on boat use around the inlet will need to
be obtained before a final determination can be made.
37
Your expedient consideration of these comments for
inclusion in your final ordinance (or other official county
instrument) will be greatly appreciated. We anticipate
incorporating these measures by rule unless other equally
protective provisions are adopted.
Once we have reached agreer;.ent on the final recommended
protection areas, it will be important for you to develop
accurate legal descriptions for the protection zones,
relying upon geographic landmarks, bridges, and other
permanent, identifiable reference points, and including
latitude and longitude references where, possible. We will
need to receive these as soon as possible (but no later than
March 11 1990) for inclusion in our rulemaking documents.
Additionally, the finalized speed zones will need to be
carefully depicted on a 1:40,000 National oceanographic
Survey navigation chart, to be submitted as soon as possible
(but no later than March 1, 1990). You should outline each
zone on the chart using a thin -tipped colored pen while
noting the type of each zone (idle, slow, etc.), preferably
using different colored pens for different types of zones.
The navigation chart will then be used by my St. Petersburg
staff to digitize the zones into the Marine Resources
Geographic information System. Finally, it will be
important to develop and submit an appropriate signage
scheme. Our St. Petersburg staff will be available to assist
you in this regard. Again, we will need to receive your
signage plans as soon as possible (but no Later than March 15,
1990). We can then initiate the necessary state and federal
permitting review process so that signage plans receive prompt
approval.
We recognize the expense involved in adequately posting
and marking expansive protection areas. It is our intent to
solicit funding to assist east coast counties from the Florida
Inland Navigation District (FIND) to help cover the cost of
posting these zones. We will be discussing the details of a
joint application to FIND with you in the near future.
Sincerely,
Pamela PMcV. nirectl�r
y,
Division of Marine Resources
Mr. DeBlois summarized the input received at the meeting
sponsored by the Sebastian Inlet Taxing District Commission last
Tuesday evening which was attended by approximately 350 people,
and then addressed the recommendations of the IRC Ad Hoc
Committee. He felt that staff's memo pretty much summarizes the
Ad Hoc's Committee's recommendations. He explained that the
Minutes of the most recent Ad Hoc meeting, which took place after
38
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B 6 199®
i QED 19 P`,E 45,
this Board reviewed the conceptual plan, are unapproved because
of the short timeframe, but they were attached to today's backup
material to give a general indication of what the Committee
considered when they were looking at this.
Chairman Eggert explained that what we are reviewing today
is our finalized interim plan, which is due February 15th, and
that we still have to submit a final comprehensive boating safety
and manatee protection plan by June, 1993.
Mr. DeBlois advised that one of the areas of particular
concern is the recommendation that an alternate site be
designated west of Pine Island for the Jungle Trail Narrows ski
site. That alternate site was discussed pretty extensively at
the public workshop meeting last week and the water skiers and
their representatives objected very strongly to the alternate
site because they feel that the Narrows is one of the best ski
areas in the County. The skiers also pointed out that the area
west of Pine Island is very shallow and has extensive grass beds
and oyster beds. If a skier were to fall in that area, he could
cut himself badly on the oyster shells.
Commissioner Scurlock asked if the recommendation to move
the ski area was based on manatee protection or bank erosion, and
Mr. DeBlois stated that it was based on a number of factors, but
mainly because of boater safety and the manatee counts.
Commissioner Scurlock believed that the erosion along Jungle
Trail is from the wake of the larger boats going through, not the
high speed type of boat that pulls water skiers. He asked if we
have the ability to control speeds and wake, and Mr. DeBlois
advised that Martin County.and Broward County have looked at
regulations on wake and speeds and have found that it is very
difficult to measure the wake and define "slow speed".
Mr. DeBlois reported that other concerns discussed at the
workshop were the grass beds in the alternate skiing area on the
west side of Pine Island; a slow speed limit in the St. Sebastian
39
M
River; and the overall issue of a blanket speed zone on the
Indian River with the exemption of the Intracoastal Waterway
(ICW) and the designated ski areas. They also discussed having a
buffer zone from existing islands, and suggested that the
northern ski area could be expanded substantially to extend more
towards Ambersand Beach.
Commissioner Scurlock felt that the most important thing
here is that the eco -system of the entire river depends on the
grass beds, and he understood from Commissioner Bowman that the
manatees are here all year long, which gives the grass beds where
they feed much more significance than the Intracoastal.
Commissioner Bird understood that there have been 13 or so
manatee deaths over an 11 -year period in this county, which is
only about one death per year, and we are not sure just what
contributed to those deaths.
Commissioner Wheeler didn't feel it has been demonstrated
that we need to close the Narrows to waterskiing or other water
sports, and it seems that with this plan we would be giving in
excess of 900 of the river to the manatees and leaving 10% for us
to use. He strongly questions the necessity of closing down one
of the prime spots in the river waterskiing and good family
recreation.
Commissioner Bird had hoped this study would identify the
areas where the manatees congregate in the largest numbers and
what we need to do to protect those areas, but it does seem like
almost an overreaction to shut down the entire river from county
line to county line. He felt that if we overreact to this by
becoming too stringent throughout the river, we are talking about
endangering man's freedoms and rights to get out and enjoy the
environment.
Commissioner Wheeler pointed out that people have a greater
awareness of the manatees today than back in the 1970s.
Commissioner Bowman emphasized that we are not talking about
shutting down the river, we are talking about safe boating. She
0 6 1990 40 "J. ��°
_I
FE B
6 1990
BOOK
79 P>1a
47
felt that if we imposed a 10 or 11
inch wake limit
in the
Narrows, that would slow down the large transient boats that go
through there creating a 2-1/2 to 3 ft. wake. Those are the ones
that are causing the erosion, not the ski boats, which operate on
a plane and don't create any wake at all.
Commissioner Scurlock felt after reading the minutes of all
the recent meetings on this issue that there was a lot of
agreement on the need to protect the manatee and also a consensus
of opinion that the C-54 Canal was a high concentration area and
that either idle speed or no motors at all be allowed in those
highly concentrated areas, and also that the ICW is a highway and
should be maintained so that you can get from one point to
another. Commissioner Scurlock understood there were some
differences in the ski areas, but he felt the Narrows should be
left open and that the wake aspect of what damage and erosion is
occurring could be implemented without affecting the skiers. The
other thing that came through from reading those minutes is that
there was a very strong feeling that a seasonal approach is not
very good because there would be an inability to be consistent
and to enforce and to educate. It seemed to him that this matter
wasn't as complicated as he expected it to be, and suggested that
we leave the ski areas alone, do something for erosion as far as
wake is concerned, and impose restrictions for an idle speed or
no boaters in the highly concentrated areas that have been
identified.
Commissioner Bird asked if we have the ability on a local
level to regulate the size of wake in the ICW, and Attorney
Vi•tunac advised that we would have to suggest it to the State,
and they would get a public hearing through the Corps of Army
Engineers, the DNR and the DER, and would adopt the rules for us
and allow us to put up the signs. He did not believe we could do
it on our own initiative.
Commissioner Bird didn't want to impose rules and
regulations that we cannot reasonably enforce, and Commissioner
41
Bowman advised that the large boats are usually piloted by hired
pilots to go back and forth up north. They are paid by the trip,
and they are usually in a hurry.
Mr. DeBlois advised that the State's comments indicate that
they would support the wake control restrictions. The Narrows is
approximately a 2-1/2 mile stretch south of the Wabasso Bridge.
Commissioner Bird understood that the minimum speed for
pulling water skiers is 35 mph, but Commissioner Bowman didn't
feel it was necessary to regulate speeds in the Narrows, just the
wake.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard in this matter.
Robert LeMasters spoke against having the high speed zones,
and noted that he has spent 40 years on the Indian River and has
good reason to believe that slow-moving boats will actually
attract manatees whereas they will try to get away from a
speeding boat. The manatee and the river itself is dependent
upon sea grass beds, but the manatee eat the sea grass, and if
the grass beds are gone, the river is going to be dead.
Commissioner Bowman disagreed about the manatee being a good
dodger because practically every living manatee has prop scars.
Burke Michael, 2 Earring Point, which is at the foot of the
Wabasso Bridge, stated that she has skied in the Narrows since
she was a small girl and is in favor of keeping the Narrows open
to skiers. She believed that most skiers know what they are
doing, and felt that if boater safety is in peril, it is because
of the docks going in along Jungle Trail. She urged the Board to
consider not allowing more docks or marinas to go in along the
Narrows. She fought to save Jungle Trail and is still fighting
to save it from the developers, but she felt that the skiers'
rights have to be taken into consideration because the skiers are
not causing erosion along Jungle Trail nor are they harming the
manatee.
F -I
lii}GF �rl E'.�JE
42
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,' EOOK 79 PAGE 40,
Greg Katinhead felt the reasons for moving the water ski
areas is not to save the manatees or provide boater safety, but
to save the rich folks who are building along'Jungle Trail
because of the development and the marinas along there. He urged
the Board to continue to allow water skiing in the Narrows.
Peter Meyer, senior project engineer for Outboard Marine
Corporation, read aloud the following letter dated 2/5/90:
OUTBOARD MARINE CORPOF
Mr. Roland DeBlois
Environment Planning
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Mr, DeBlois
ADD'L. MAT'L. ITEM 8B-3
Post -It -brand fax transmittal memo 76711 # of Pe90e *_J.5
om nom 7-M c Ch o t a r
'Ln4i,n kicit? r Co
5 l0`7 -
MARINE ENGINEERING
- o2p 0 U
Ralph Evinrude Test Center
250 N. Flegler Avenue
Stuart. Florida 34994
Phone 4071692.1666
February 5, 1990
We understand Indian River County will be reviewing a Manatee Protection/
Boating Safety Plan in accordance with a resolution passed by the State of
Florida Governor and Cabinet on October 24, 1989.
Outboard Marine Corporation uses a section of the Intracoastal Waterway
Channel in Indian River County for tests where maximum speeds of 50 MPH
may be reached. These tests are a very important part of our outboard and
stern drive engineering development program.
The manatees, grass beds, and the environment in general, need protection
and we wish to cooperate in these important efforts. As a matter of
interest, we are one of the charter members of the "Save the Manatee"
Association and currently sit on the Executive Committee.
The test programs we need to continue in Indian River County should pose
little threat to'manateesr the environment, or shoreline that may be
subject to erosion for the following reasons:
1. The test boats draw very little water. On plane at speed, draft would
be approximately 2 feet. The boats produce very little wake so water
turbidity and wake damage is not a problem.
43
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2. The boats are operated by highly skilled trained professional
personnel.
3. The channel is used only from the St. Lucie/Indian River County line
to the first set of power lines that cross the ICW south of Vero
Beach.
4. During the years, we have been operating in this location, we have
compiled a perfect safety record.
In its directive to DNR, the Governor and Cabinet made provisions for
exemption language to be placed in all county ordinances. This language
would encompass watersports activities such as competitions,
demonstrations,''regattas, races, and boat/engine testing.
In subsequent discussions with DNR staff, we have continued to be assured
that exemption language would be included in these' -ordinances.
We have worked with Martin, St. Lucie, and Palm Beach counties to develop
language acceptable to all the interested parties. We would ask you to
consider inclusion of this language in your ordinance as you act on it on
Tuesday. You will find it attached.
We appreciate your consideration of our request.
Sincerely,
OUTBOARD MARINE CORPORATION
J. A. McFarland
Manager
Mr. Meyer urged the Board to consider the inclusion of the
following exemption language in the proposed ordinance if the
IntraCoastal Waterway is not exempted from the speed
restrictions:
BOOK
HE 1990 44
FEB 6 199®
SECTION XIII
MARTIN COUNTY LANGUAGE
BooK 79 f�,gIJE 5-1
EXEMP210-NS
1. The provisions of this Ordinance shall not be construed to prohibit
the running of racing or exhibition boats during a publicly announced,
properly authorized by the County and U.S. Coast Guard and supervised, and
adequately patrolled race, regatta, parade, fishing tournament, speed trial,
or exhibition.
2. Florida Marine Patrol Craft, rescue craft, other official craft and
craft operating under emergency conditions shall be exempted from the
provisions of this Ordinance when required in performance of their official
duties or when operating in an amergencyt however, it is not the intent of
this ordinance to exempt such vessels from liability for irresponsible
actions.
3. Vessels not operating as motor vessels pursuant to the definitions
in Section III above are exempted from slow or idle speed limits while
sailing, rowing, or paddling under this Ordinance.
4. Boat/motor testing organizations may apply to the County for site
specific and time specific exemptions within the spirit of this ordinance.
Any such exemption application shall be first reviewed by the Recreational
Boating Advisory Committee.
5. That portion of Lake Okeechobee within Martin County but more than
300 feet offshore is exempt from speed and wake restrictions.
Mr. Meyer advised that Martin County is going to the State
requesting both a speed limit and a differential wake limit, and
it is his understanding that the DNR is now in the process of
testing wake meters in Broward County. Perhaps these meters
could be mounted on poles indicating with a fluorescent lighting
system the wake as you go by. In conclusion, he wished to point
out that Indian River County has one of the lowest manatee
mortality records.
Paul Lindsey, chairman of the Sebastian Inlet Tax District
Advisory Board, reported that it is felt that Indian River
County's proposed ordinance is far too restrictive for the amount
of the problem. In preparing their recommendations for a manatee
protection plan, the Inlet Advisory Board identified the grass
45
flats, the manatee sightings and kills, and became very site
specific on where they felt the speed limits should be set in
place. They recommend that the County ask their Ad Hoc Committee
to use that same methodology in preparing their recommendation
because they don't feel that a blanket slow speed regulation
exempting the channel and the 5 ski areas is really the best
method of arriving at a compromise between marine animals and
people's use of the waterways. They would also like to recommend
that Indian River County hold a nighttime public hearing on this
matter before enacting any ordinance, because there is a lot of
public sentiment that ought to be considered.
Casey Lynn, an employee of Outboard Marine Corporation, felt
that today his views are best represented by those of the marine
dealers, boaters, and skiers in this county. He urged the Board
to exempt the ICW and other site specific areas from speed
restrictions. With regard to boater safety, he felt it all boils
down to the need for better education in operating water
vehicles.
Commissioner Bird asked Mr. Lynn what slow speed means to
him, and Mr. Lynn explained that as a field service
representative he goes all the way from Stuart up to the state
line to take care of OMC dealerships, and slow speed to the
Brevard County Marine Patrol is a speed fast enough basically to
maintain steerage on a boat, yet slow enough not to create a
hazardous wake. They do mention approximately 7 mph. In Brevard
County they mentioned an idle speed up to the point when the bow
of the boat begins to raise, which they basically say is a speed
of 7 mph. He believed an idle speed would be about 3 mph.
Mr. DeBlois' understanding of idle speed is basically a
speed fast enough to maintain steerage of the boat which would be
quite a bit less than the 7 mph for slow speed.
Richard Jones, owner of Jones Fishing Pier off of Jungle
Trail, stated that he has lived there for 71 years and was a
ROOK � F.'.�
FEB 6 499U 46
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FEB 6-1990
BOOK 79 PAGE 5J
commercial fisherman for 41 years and a sports fisherman for at
least 20 years. During those years he has observed manatees in
that stretch of the river all year round and he is 100% for the
protection of the manatees. However, he is in favor of allowing
waterskiing in the Narrows, because he feels that most of the
erosion along Jungle Trail is due to the wake from large boats.
To make matters worse, a lot of the mangroves were lost in the
recent freeze and those mangroves were a deterrent to erosion.
Frank Herhold, member of the'Sebastian Inlet Advisory Board,
advised that they are in full support of the need to protect the
manatee, but feel that the recreational users need consideration
also. He urged the Board to adopt regulations that are site and
seasonal specific, such as the plan they are considering
adopting.
Bill Moody, lifetime resident of Indian River County and
avid water skier, urged the Board to allow waterskiing in the
Narrows. The people who use that stretch of the river for water
sports are willing to go along with speed limits and certain
areas for the protection of the manatee, but would like to see
the County look into a few more areas for waterskiing other than
the 5 areas proposed.
Commissioner Bird stated he was ready to support a slow
speed restriction in the St. Sebastian River; probably a slow
speed area in the Moorings area and out to the Intracoastal; and
probably a limited wake area from the Wabasso Bridge south
through the Narrows; but that's all. That is where he is coming
from, as one Commissioner, and he didn't feel we need to pick out
specific areas where you can ski because what he is saying is
that you can ski anywhere except in those areas where there is a
slow speed limit or in the areas where it is known to have the
heaviest congregation of manatees.
Mr. Moody stressed the need for boating safety education and
the need for people to receive a certificate of education before
47
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r
operating a boat because right now the only thing a person needs
to know before buying or operating a boat on the river is how to
write out a check.
Ray Reinhard, resident for 14 years, deeply appreciated the
recreational opportunities the river provides and was relieved to
hear that the Commissioners are willing to continue to allow
waterskiing in the Narrows.
Dave Artigas, owner of Boats'N Motors, wished to point out
that outboard and stern -drive boats have the prop all the way
behind the boat, while the big inboard boats, if they hit a
manatee, will funnel it right on through the prop and out past
the rudder, just like a meat grinder. The outboard boats and
stern -drive boats are designed to kick up, which puts the prop up
out of the water. He agreed that we need to establish a boater
safety education program and that we should have "no wake" zones
and idling zones, but felt we should leave the speed zones as
they are.
Mike Kiefer, resident of Vero Beach, advised that he is
involved with an engineering firm dealing with environmental
issues, and he wished to share some of the things he has learned
in these issues during the .last 3-4 years. He hoped the Board
wouldn't confuse the various issues of boating safety, manatee
protection, habitat protection, and shoreline erosion, because
they are all very different issues and cannot be solved with one
catch-all solution. These issues need time and attention, and he
didn't feel there has been enough time to address them in depth.
He wished to recommend that the County develop this manatee
protection plan in conjunction with the marina siting that will
be adopted in the new Comprehensive Land Use Plan. Mr. Kiefer
was also concerned about the economical impact to property owners
and to the businesses dependent on marine recreation because the
DNR's proposal is going to require some financial obligation and
the County is going to have to come up with the funds. He felt
48
1990
BOOK 7 9 PAGE_ 55
the Sebastian Inlet's plan is a very good one and is very
enforceable. In closing, Mr. Kiefer encouraged the Board to
request that more Marine Patrol officers be hired to enforce the
laws on the books at the present time, and stressed that
education and enforcement are key factors in making this whole
thing work.
Wayne Harrison, resident of River Shores, liked Commissioner
Bird's proposal for specific sites for manatee protection and
leaving -the rest of the river open for the boaters and fishermen
and whoever else wants to go out there and enjoy the water. He
pointed out that the 5 specific waterskiing sites would become
overcrowded and accidents would occur. He felt that it is time
that boaters be licensed and required to take a course to learn
the rules of the road. Mr. Harrison also wished to point out
that 35 mph is a little too slow to pull heavier skiers up out of
the water, and felt that a 40 miles per hour would be a better
speed limitation.
Wally Kramer realized there is a monumental task ahead of us
in our efforts to protect the manatee and satisfy the boaters'
rights to use the river. He felt that our wanting to save the
manatee is a way of saying that we have to save our entire
Florida marine environment. As a member of the Brevard County
Advisory Board, he feels that before an effective program can be
put into effect, we need to spend more time and hold more
meetings on such matters as water depth, boat traffic, up-to-date
manatee counts, criteria for waterskiing areas, value of certain
commercial fishing areas, location of grass beds, boat wake
speeds, etc. He lives along the St. Sebastian River and sees 5-6
manatees hit in a year's time, not by big boats, but by
outboards, and half of them don't even know what they have hit,
The St. Sebastian River is a manatee love nest, a birthplace, a
sleeping place, and a sanctuary, and if we are going to protect
manatee anywhere, let's do it where the population is so thick
49
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-I
that you can hardly miss hitting one at times, because we might
just have 1000 manatees visit there every year. Mr. Kramer asked
by a show of hands how many marina dealers in attendance today
are in favor of having boat operators licensed. Seeing none, he
assumed no one was interested because it cuts down boat sales,
and he didn't feel that is cooperation.
Casey Lynn stated that he was not in favor of licensing, but
was heavily in favor of education and enforcement.
Mr. Kramer understood that the State of New Hampshire pulls
your car license if you don't obey the marine rules.
Don Kenny, dock master at the Sea Oaks Yacht Club, advised
that the Sea Oaks community and the Sea Oaks Yacht Club support
the waterskier's right and privilege to use the Indian River at
the Narrows, and applaud the County's recognition of the
difference between boat speed and boat wake and also their
recognition that boat wake is the cause of the erosion along that
shoreline. However, they wish to ask that a maximum speed limit
be set within the Narrows in order to protect the boaters and the
waterskiers from the high performance, cigarette -type boats. Mr.
Kenny felt that representatives of all the users of the river
should be appointed to the committee that will be recommending
the boating safety regulations, which would include
representatives from the sail boaters, waterskiers, and
recreational fishermen.
Rick Giteles, vice chairman of the Sebastian Inlet Taxing
District Advisory Committee, requested that before a non -site
specific recommendation is made for the St. Sebastian River, the
Board take a good hard look at the interim proposal that the
Sebastian Inlet Advisory Board has come up with. He felt the
uniqueness of the north and the south forks and the east and west
regions of the river need to be addressed.
Commissioner Bird asked if his suggestion for a slow speed
J
zone in
the St. Sebastian River westward
from the U.S. #1
bridge
` 990
BOOK d
� �
5 0
J
FEB 6199® bou FADE 57
and on both the south and north prongs is contrary to the
Sebastian Inlet Advisory Board's recommendation, and Mr. Giteles
stated that it was because they would like to have a channel for
moderate boat speed where boats within that channel could travel
at a reasonal speed of 20 mph, but outside of that channel, it
would be back to the slow speed again. The manatee need
protection and the St. Sebastian River now is such that you can't
believe the different types of recreational boating, and the
manatee go everywhere. The Inlet's proposal is to create 900 of
the St. Sebastian River as manatee habitat where there was none
before.
Frank DeJoia, 1706 Roseland Road, liked the County's
recommendation because it doesn't exempt the channel in the St.
Sebastian River, particularly in the south prong. The St.
Sebastian River is a beautiful river, a very shallow river with
blind meanders, islands, and lots of other wildlife besides the
manatee. There are other kinds of boating also besides going 20
mph to get from point A to point B. He was canoeing on the river
last weekend when a speed boat came by and made life miserable.
Mr. DeJoia felt the St. Sebastian River should be designated as
slow speed throughout the north and south prongs, and urged the
Board to do something special with the C-54 Canal also because
there have been erosion problems that have not been documented.
Commissioner Bowman noted that as far as the south fork of
the Sebastian River is concerned, there is no channel in that.
It is what is called a braided stream, and the water goes around
numerous islands and there is no channel.
Mike Hearndon, a resident of Fellsmere and part-time
commercial fisherman, emphasized that commercial fishermen are
very concerned about the environment and habitat because it is
their livelihood. Their position is that the manatee need to be
protected, that the grass beds need to be protected, and that
boating safety is extremely important. He suggested that a
51
commercial fisherman be allowed to sit on the committee that will
be considering the recommendations for the boating safety plan
that must be submitted by June, 1993.
Commissioner Bowman pointed out that Tim Adams, who is a
commercial fisherman, sat on the Ad Hoc Committee.
There being no others who wished to be heard, Chairman
Eggert closed the Public Hearing.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Scurlock, that the Board adopt Resolution
90-20, approving an interim manatee protection speed
zone plan for waters of the Indian River lagoon in
Indian River County with the following conditions:
1) That the St. Sebastian River area west of the
U.S. #1 bridge be considered slow speed;
2) That the area between the Moorings and the ICW be
declared a slow speed zone;
3) That the County consider some type of wake
restrictions in the Narrows area south of the
Wabasso Bridge;.
4) That a 40 -mph maximum speed limit be posted
within the Narrows south of the Wabasso Bridge;
5) That no other restrictions be imposed at this time.
Under discussion, Commissioner Bowman felt the Motion should
include that we are going to move the ski area from the west side
of Pine Island to the Narrows, but Chairman Eggert understood
that we are eliminating all waterskiing areas.
Commissioner Bird explained that what he is saying is that
waterskiing is allowed in areas other than in those slow speed
zones.
Chairman Eggert understood then that there will be no such
things as waterskiing areas, and Commissioner Bird responded
affirmatively.
52 Poor. I - [%'%: 5
PP -
FEE
BooK.79
Par,E 50
Mr.
DeBlois asked for clarification on the Moorings
area,
because the County's grass bed maps indicate that there is a
substantial area beyond the Moorings that the Board may want to
consider.
Chairman Eggert asked Mr. DeBlois to point out the manatee
areas in that location, and Commissioner Bird noted that it looks
like it is mostly around the Anchors and the primary part of the
Moorings. He knew that the manatees liked to get up in those
canals and around the docks.
Chairman Eggert understood that with Commissioner Bird's
Motion, we will be eliminating our waterskiing areas on the map,
and Commissioner Scurlock felt that allows us the flexibility in
the future to designate additional slow speed areas if we
identify congregations of manatees.
Mr. DeBlois asked if there is any reference or consideration
to the State's option of a 300 -ft. wide buffer along the
shoreline, which for the most part, tracks the grass bed areas in
the county. The reason he is asking is because the State has
already reviewed our conceptual plan.
Chairman Eggert understood that the State wants a 300 -ft.
wide shoreline buffer at slow speed, but wondered if that meant
everywhere.
Commissioner Bowman understood that it would be just along
the spoil islands and the shore, but. Commissioner Bird didn't
know that it limits it to spoil islands. He couldn't agree with
a 300 -ft. buffer all the way from the north county line to the
south county line, because the river is barely 300 -ft. wide in
some of those narrow areas.
Commissioner Bowman didn't feel that is what the State is
saying, and Commissioner Bird didn't understand the 300 feet in
that case.
Commissioner Scurlock emphasized that we did our job and we
did what we thought was best. The State can react to that, and
53
C
if they don't like our plan, then we can do battle. He was tired
of the State telling us what to do.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
RESOLUTION NO.
90-20
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN
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 (FDNB) 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 local speed 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 develop 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 Board of County Commissioners conceptually
approved said Ad Hoc Committee's -recommendations and forwarded
such recommendations to the FDNB to satisfy the December 26, 1989
deadline, conditioned upon the County retaining the flexibility to
refine the submitted recommendations based on subsequent public
workshop/hearing input; and
54
FEB 1 boor F4GF
J
E 6 6 1990
=e
BOOK C9
WHEREAS, the Ad Hoc Committee has thereafter met and has
formulated further recommendations to the Board of County Commis-
sioners to be considered for approval and for forwarding to the
FDNR to meet a March 1, 1990 deadline for a finalized interim
manatee protection speed zone plan; and
WHEREAS, the Ad Hoc Committee's recommendations for a
finalized interim manatee protection speed zone plan were forward-
ed to the Board of County Commissioners for consideration; and.
WHEREAS, the Board of County Commissioners has held a
public hearing on the adoption of the finalized interim manatee
protection plan, and has considered comments made public at a
joint public workshop on the matter held January 30, 1990 in
Sebastian; and
WHEREAS, the Board of County Commissioners voted to
modify the Ad Hoc Committee's recommendations, based on public
input, said modified interim manatee protection speed zone plan
described 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
modified interim manatee protection speed zone plan as set forth
in "Attachment A" attached hereto, said plan to be submitted to
the Florida Department of Natural Resources for review and consid-
eration for incorporation into State rules.
The foregoing having been moved by Commissioner
Bird and second by Commissioner
Scurlock
a vote as follows:
, upon being put to a vote, was carried with
Chairman Carolyn K. Eggert _ Aye
Vice Chairman Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman -thereupon declared the resolution duly
passed and adopted this 6th day of February
Attest:
e K arton, Clerk
11J Ow,
r
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMM-? I S S I ONER
BY e
Carolyn' .-Egge Chairman
55
1990.
Attachment A Page 1 of 4
Indian River County
Interim Manatee Protection Speed Zone Plan
DEFINITIONS
"Day Marker" means the official U.S. Coast Guard maintained
navigation channel markers as designated on National Oceanic and
Atmospheric Administration navigational charts or accurate repro-
ductions thereof. "Day Markers" shall include any buoy used by the
Coast Guard as a replacement for a damaged day marker.
"Moderate wake" means that a water vessel is not generating waves
greater than seven and one-half (71) inches in vertical distance
from ambient water level. (Generally, boats 26 feet or more in
length may be exceeding "moderate wake" if they are exceeding
seven m.p.h.)
"Slow speed" is approximately seven (7) m.p.h.; a water vessel
that is not operating:on a plane and which has settled into the
water and is proceeding without wake or with minimum wake is
proceeding at slow speed.
"Water vessel" means every description of boat, watercraft, barge,
—nnilairhoat used or capable of being used as a means of transpor-
tation on water, including personal watercraft.
DESCRIPTION OF SPEED ZONE REGULATION AREAS
St. Sebastian River Slow Speed Zone. That portion of the St.
Seoastinn_River within Indian diver County west of US Highway #1,
is declared a slow speed zone (throughout). That portion of the
St. Sebastian River within Brevard County (including C-54 canal)
shall be subject to the restrictions of Brevard County and the
State of Florida. The St. Sebastian River Slow Speed Zone as
herein described shall be in effect year-round.
Jungle Trail Narrows Moderate Wake/40 m.p.h. Maximum Speed Zone.
The .Tung to ail Narrows is descri ed as that portion o the
Indian River Lagoon east of Pine Island and Wabasso Island,
extending from the Wabasso Causeway south to Intracoastal Waterway
Day Marker #109, at the southern tip of Pine Island. The Jungle
Trail Narrows is declared a moderate wake/40 m.p.h. maximum speed
zone, whereby all water vessels operating in the area must not
exceed "moderate wake" as define herein. In no case, however,
with "moderate wake" or otherwise, shall a water vessel be allowed
to exceed 40 m.p.h. The Jungle Trail Narrows Speed Zone as
described herein shall be in effect year-round.
Moorings Slow Speed_ Zone. The Moorings Slow Speed Zone is de-
scribed as that portion of the Indian River Lagoon east of the
Intracoastal Waterway marked channel, from Day Marker #156 south
to Day Marker #161. The western boundary of said slow speed zone
shall be the eastern boundary of the ICW channel, between said Day
Markers. The Moorings Slow Speed Zone extends eastward to the
western shore of the barrier island (Orchid Island), including all
of Porpoise Bay, Head Cove Pocket, and all of the navigable canals
of the Moorings residential development. The marked access
channel from the Moorings to the ICW channel is included in the
slow speed zone. All water vessels operating in the described
slow speed zone shall not exceed slow speed as defined herein;
said restrictions shall apply year-round.
56
V� 1r,'iO
E 6 1990 Boor A P',Uu
Attachment A Page 2 of 4
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TAMARA GARDENS CONDO, INC. - PUBLIC NUISANCE; ABATEMENT FOR
ABATEMENT OF NUISANCE
The Board reviewed the following memo dated 1/9/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Ro ert NT: - Keat iP
g
Community Developm,� t Director
THROUGH: Roland M. DeBlois`, AICD
Environmental �P��l,,,a//fnning
FROM: C.G. Bowling V*
Code Enforcement Officer
DATE: January 9, 1990
SUBJECT: Tamara Gardens Condo, Inc.
Public Nuisance; Abatement for
Abatement of Nuisance
REF: CV -89-11-534
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
..regular meeting of February 6, 1990.
DESCRIPTION AND CONDITIONS:
On September 1, 1989, Code Enforcement staff sent a Notice of
Public Nuisance to Tamara Gardens Condo. Inc. concerning the
overgrown weed condition of their property in the Tamara -Gardens
condominum development. The respondents were cited as maintaining
their property in violation of Section 13-18(a)(1) of the County
Code, which prohibits the accumulation of weeds in excess of 18
inches in height within a platted, recorded subdivision (where the
lots are at minimum of 50% developed).
The subject property was also posted as set forth in Section 13-23
-of the County Code, giving the respondents thirty (30) days to
abate the weed nuisance.
The weed violation was not abated within the required thirty (30)
day time period. Therefore, in accordance with Section 13-19(b),
County Code, County Personnel (i.e., Road & Bridge Division)
.cleared the weed violation, with costs to be assessed against the
_ .__property owners.
Section 13-21 of the County Code requires that the cost of a
' County weed nuisance abatement shall be calculated and reported to
the Board of County Commissioners, who, by resolution, shall
f t -assess such costs against the subject property. This matter is
--�g.•7r��, presented herein to the Board for consideration to adopt said
resolution.
r 1 L
60 BOOK 9
FLS 1990
.7ED C 0.00
BOOK .79 f�c
43 , .. .
g ALTERNATIVES AND ANALYSIS:
Section 13-2-1(a), Public Nuisances, of the Code of Laws and
Ordinances of Indian River County specifically reads as follows:
"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 describe the land and
state the cost of abatement, which shall include. an 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 interest shall accrue at the rate of twelve
(12) per cent per annum on any unpaid portion thereof."
Cost for equipment use and labor, as indicated by the Road &
Bridge Division, plus the $75.00 administrative cost, calculates
to be:
Labor: $1,030.92
Equipment: 1,325.25
Landfill: 24.00
Administrative Fee: 75.00
Total: $2,455.17
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the
proposed resolution assessing $2,455.17 in abatement cost, in
accordance with Section 13-21(a), of the Indian River County Code
of Laws and Ordinances.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 90-21, assessing costs of County weed
nuisance abatement against Tamara Gardens Condo, Inc.,
such assessment being a binding obligation upon the
property until paid.
61
RESOLUTION NO. 90- 21
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA ASSESSING COSTS OF COUNTY
WEED NUISANCE. ABATEMENT AGAINST TAMARA GARDENS CONDO,
INC. 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 regulations of the accumu-
lation of weeds 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. 87-32,
"Public Nuisances," defines as a public nuisance weeds in excess
of 18 inches in height on a lot contiguous to a residential
structure and within a platted residential subdivision where the
platted lots are at a minimum of 50% developed; and
WHEREAS, weeds in excess of 18 inches in height existed
on property owned by Tamara Gardens Condo Inc., such property
having a legal description as follows: Tamara Gardens Condo., OR
BK PP. 1183, land only, less Buildings 1-2&3; and
WHEREAS, the Board of County Commissioners of Indian
River County has determined that landowners are responsible for
abating public nuisances existing on their property; and
WHEREAS, a Notice of Public Nuisance calling for the
abatement of the described nuisance was sent to the owner(s) 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 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, the County Road & Bridge Division has, as of
November 28, 1989, abated the herein described weed nuisance; and
WHEREAS, Section 13-21(a) of the County Public Nuisance
Ordinance 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, 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
administrative fee for County abatement of the herein described
nuisance is determined to be two thousand four hundred fifty five
dollars and seventeen cents ($2,455.17); and
62
6D
LB 6 1990
RESOLUTION NO. 90- 21
,, 9
BOOK i F1UE
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 to pay assessed costs 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;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-
ERS 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
weed nuisance, totaling an amount of $2,455.17, is
hereby assessed against Tamara Garden Condo. OR BK PP
1183, land only less Buildings 1-20, presently owned by
Tamara Gardens Inc. whose listed address is c/o Allen
Ropotoart, 250 Bird Road, Suite 302, Coral Gable,
Florida 33146.
3) The $2,445.17 assessment shall be due and payable to the
Board of County Commissioners thirty (30) days after the
mailing of a notice of assessment, to the landowners,
after which, if unpaid, a certified copy of the assess-
ment shall be recorded in the official record books of
the County, constituting a lien against the described
property, subject to twelve (12) percent per annum
interest.
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock , seconded by Commissioner Wheeler
and adopted on the 6th day of February______
following vote:
Commissioner
Carolyn Eggert
Commissioner
Gary Wheeler
--Aye—___
Commissioner
Richard Bird
Aye
Commissioner
Don C. Scurlock, Jr.
Commissioner
Margaret Bowman
The Chairman thereupon declared the resolution duly passed
and adopted this 6th —day of February _, 1990.
ATTEST:
i edw
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Caro 1 y .i gge r t , J#4man
63
DEMOLITION OF UNSAFE STRUCTURE - 1925 38TH LANE
The Board reviewed the following memo dated 1/24/90:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
�_-11z ----
Robert M. Keatin , A
Director, Community evelopment Department
DATE: January 24, 1990
SUBJECT: Demolition of Unsafe Structure
1925 38th Lane
FROM: Ester L. Rymer, Direct
Building Division
It is requested that the information herein presented be given formal
consideration by the Board of County Commissioners at the meeting of
February 6, 1990.
DESCRIPTION AND CONDITIONS:
The above referenced structure (Parcel # 26-32-39-00010-0040-00056.0)
is considered unsafe as defined in Indian River County Code of Laws
and Ordinances, Chapter 4, Article II, Section 4-16.
It is the opinion of the Building Inspector and the Building Official
that said structure is beyond practical repair and is considered a
public nuisance; therefore, the structure has been condemned.
An attempt was made to notify the owner by certified mail, but the
address of record is no longer valid, and the forwarding order with
the Post Office has expired. A Public Notice was placed in the Vero
Beach Press Journal on January 13th and 18th, 1990, but to date there
has been no response. Our research indicates that the taxes have not
been paid on this property for 1986, 1987, 1988, and the 1989 taxes
have not been paid as of January 24th.
:ALTERNATIVES AND ANALYSIS:
^Y�N-i+;"+The Indian River County Code, Chapter 4, Article II, Section 4-21,
ives the Board of County Commissioners the authority to cause such a
i'"L�•'Y'building or structure or portion thereof to be demolished, secured,
or to remain vacant. Chapter 4, Article II, Section 4-22
ives the Board of County
Commissioners the authority to remove the
.S{ 7'w ,,structure as stated in 4-21, and cause a lien to be filed of • record
a)tz..**•,.,for the costs of removal against the owner of the building.
CONCLUSION AND RECOMMENDATIONS:
Staff recommends the Board of County Commissioners declare said
structure a nuisance, and order the building to be demolished by the
County Road and Bridge Department.
After removal, in accordance with referenced Ordinance of Indian
River County, staff recommends a lien be filed of record for the
costs of removal against the owner or person in charge of said prop-
erty.
BO9
OP( �
64
FEB 6 1990
y X11
BOOK 79 FA.EE 71
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously declared
a nuisance the structure located at 1925 38th Lane;
ordered the building to be demolished by the County
Road and Bridge Department; and authorized the filing
of a lien of record for the costs of removal against
the owner or person in cha.ge of said property, as
recommended by staff. ILA_J�
INDIAN RIVER COUNTY BID #90-39 -- SALE OF PARK TRACT IN SUNSHINE
QUALITY HOMES - UNIT II
The Board reviewed the following memo dated 1/16/90:
DATE: January 26, 1990
TO: BOARD OF COUNTY
THR1:T: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Dominick L. Mascola Manager
Division of Purchasing
SUBJ: IRC BID#90-39/SALE OF PARK TRACT IN SUNSHM
QUALM HOMES UNIT II
IMTM FeI;�* LI6
Purchasing has been requested to sell certain County owned
Real Property located in the Southwest Corner of the Plat of
Sunshine Quality Hanes Unit #2, as shown in Plat Book 5,
Page 63, as a Public Park located at, 1475 7th Court, Vero
Beach, F1 32960. A foanal request to buy the park tract was
received an Deoember 21, 1989 from the owner's of the lots
within Sunshine Quality Hames Unit II.
Because the parcel is valued at nnre than•'$5,000.00 Florida
Statute 125.35 requires notice of the sale of the property
and notice calling for bids for the purchase of the Real
Estate. -
The sale of the above was properly advertised. On January
24,1990 bids were open and one (1) vendor submitted a bid
for the parcel.
65
ANALYSIS:
The award was based on the highest Total Lump Sian Bid Amount,
with a mininmm bid of $11,750.00. An offer to purchase the
above parcel was made by Frank Liggieri, who owns all the lots
in Sunshine Quality Hanes -Unit II, for $11,750.00, he was the
only bidder.
FUNDING:
Manes will be deposited to applicable fund. -� --- -
ON:
Staff recd amends the sale of Park Tract in Sunshine Quality
Hames -Unit II to Frank Liggieri for the amount of $11,750.00. _
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the sale of Park Tract in Sunshine Quality Homes -
Unit II to Frank Liggieri for the amount of $11,750, as
recommended by staff.
COUNTY DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
INDUSTRIAL REVENUE BOND - ESCAMBrA SINGLE-FAMILY HOUSING PROGRAM
WITH INDIAN RIVER COUNTY AS A PARTICIPATING COUNTY
The Board reviewed the following memo dated 1/31/90:
TO: Members of the Board
of County Commissioners
DATE: January 31, 1990
SUBJECT: INDUSTRIAL REVENUE BOND -
ESCAMBIA SINGLE FAMILY HOUSING
PROGRAM WILLIAM R. HOUGH AND
CO. PROPOSAL AND
LETTER OF JANUARY 19, 1990
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITION
William R. Hough and Co., underwriters, made a presentation to both
the Economic Development Committee and Financial Advisory Committee
regarding County participation in a low to moderate income single
family housing program. This program would involve the issuance of
Industrial Revenue Bonds; specifically, the funding would come from
District 9B allocations.
66
` ' m-�
SOD.. i( F", E 1 �
`990
�_ w3 BOO O 9 P',GE ! J
Although the Economic Development Committee accepted Hough's
proposal, the Financial Advisory Committee asked Doug Scurlock,
Commissioner, Charles Vitunac, County Attorney, James Chandler,
County Administrator and I as Budget Director to further review their
presentation. We have no difficulty with the basic proposal;
however, I take exception to Hough's request for a waiver of both the
application and administrative fees and the reasoning is two fold:
1. The Industrial Revenue Bond program was developed to
enable private entities to utilize government tax
exempt status as a means of stimulating development
and growth in a region. The county's fee of $1,000
plus .5% of the fact value of the bonds is a small
price to pay for the tax advantage incurred.
2. Hough argues in their letter that waiver of these fees will
produce a more cost efficient program resulting in a lower
interest cost to the homebuyers in Indian River County. If
that is the case, why not reduce these costs further by
having Hough waive their underwriter's fee entirely? It
would be, after all, for the good of the community.
CONIlYIENDATION
aff recommends that the Board of County Commissioners approve
ugh's presentation but deny their request for a waiver of the
application and administrative fees associated with the bond issue.
Please note that an Inducement Resolution will need to be done
whatever the decision of the Board. Appropriate documentation for '
`._" this resolution will be presented at the next commission meeting.
OMB Director Joe Baird advised that we have not received the
latest version because they will be changing it based on the
meeting today, but staff's recommendation is that we not waive
the application fee or the administrative fee. We have reviewed
the inter -county agreement, but we have not received the other
information that Commissioner Scurlock had requested about how
many banks were interested and the amounts. He called them this
morning and they are still working on that, but they said that
Citizens Federal and another bank are interested. It is hard to
tell because they deal with the First Union or the Barnett Bank
and as we approve it, they increase their allotment.
67
® M
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation as set out in the above memo
with no waiver of application and administrative fees.
MOORINGS 8 FLORALTON BEACH HOMEOWNERS ASSOCIATION STREET LIGHTS
(Tabled from 1/23/90 Meeting
The Board reviewed the following memo dated 1/15190:
TO: Board of County Commissioners DATE: January 15, 1990 FILE:
SUBJECT: MOORINGS E FLORALTON
BEACH HOMEOWNERS
ASSOCIATION STREET
LIGHTS
Joseph A. Baird, Director I *
FROM:Office of Management 8 Budget
and REFERENCES:
James Davis, Dir. of Public Work-�C?
The City of Vero Beach furnished streetlights to both Floralton Beach
Subdivision and the Moorings Subdivision prior to the County entering into
the governmental streetlighting agreement with the City of Vero Beach in
1987. Both Floralton Beach Subdivision (16 streetlights) and the Moorings
Subdivision (10 streetlights along SR AIA) were added to the governmental
agreement; however, the City of Vero Beach continued to bill them. At the
request of the City of Vero Beach, Indian River County staff in March 1988
began trying to get the Moorings and Floralton Beach Subdivisions to enter
into an agreement with Indian River County. After several attempts to have
the Moorings enter into an agreement, we have been unsuccessful.
On August 17, 1989 Indian River County received a letter from John Kirby of
the City of Vero Beach indicating they would begin billing the County for
both subdivisions streetlights effective October 1989 which they did.
Unfortunately, we had not budgeted for this and are not receiving any
revenue from the Moorings and Floralton Beach Subdivisions to offset the
cost. Currently, the monthly cost is $105.94 ($1,271.28 annually) for the
Moorings and $125.91 per month ($1,510.92 annually) for Floralton Beach.
I have had conversations with Bert Hambleton of the Moorings Homeowners
Association and he does not seem interested in entering into an agreement
with the County for the following reasons:
1. The streetlights for the most part are located on AIA and benefit
other people besides those who live in the Moorings.
2. They do not like the terms and conditions set forth in the standard
streetlighting agreement such as paying a full year in advance, the
administrative charge, and the long term of the agreement, etc.
3. The Moorings Development Company has been paying the bill since
the lights were installed in -1970, -not _the_ Homeowners. -Association.
4. He does not understand why they cannot pay the City of Vero
Beach directly.
68
F ci99
ROOK F' sE
r -
E b 6 1990
ALTERNATIVES 6 ANALYSIS:
We have the following alternatives:
BOOK , 9 f'Atiu g 51
1. Pay the bill from the Traffic Engineering Fund 111-245 and not bill
the Moorings Homeowners Association for the 10 lights along A -I -A.
In the past, areas pay for their lights along local and collector
roads based on the "benefit derived" and we have not charged the
general public for a certain subdivision's streetlights. If the lights
are along substantially developed major arterial routes such as
U.S.1 or at a major intersection, the County has paid for the
lighting. Since the 16 lights within Floraton Beach Subdivision are
along local roads, an agreement between the Floralton Beach
Homeowners Association and the County should be executed to
provide for funding of those internal lights. If this policy is
adopted countywide, three additional lights along AIA would also be
funded by the county serving Wyncove, River Ridge, and Pelican
Lane at a total cost of $432.00/yr.
2. Pay the bill from the Road and Bridge Fund and not bill the
subdivision/ homeowners association. This would be contrary to
existing precedent since we have in the past made those areas pay
for their lights based on the "benefit derived" and not made the
general public pay for a certain subdivision's streetlights.
3. Have the Moorings and Floralton Beach Subdivisions enter into the
County's standard streetlighting agreement.
4. Authorize staff to bill the subdivisions monthly and the subdivisions
pay 30 days in advance, once again setting precedence since we
have not done this in the past and have numerous single light
subdivisions out.
S. Authorize staff to bill the subdivisions monthly and the subdivisions
pay 30 days in advance on interim basis until a streetlighting
district can be established and added on the tax roll.
RECOMMENDATION:
It is recommended that Alternative No. 1 be approved. Funding in the
amount of $1,271.28 for the Mooring A -I -A lights and $432.00 for the other
lights along A -I -A would be from Traffic Engineering Fund 111-245.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation of Alternative No. 1, as set
out in the above memo, with funding in the amount of
$1,271.28 for the Moorings AIA lights and $432 for the
other lights along AIA to come from Traffic
Engineering Fund 111-245.
OMB Director Joe Baird advised that Floralton Beach
Subdivision would like to have a street lighting taxing district
69
set up as soon as possible, and they would appreciate it if the
Board would start working on that and in the interim, bill them
monthly or quarterly. They will pay it without an agreement,
they just don't have the cash up front.
Chairman Eggert directed staff to start with monthly
billings and then go to quarterly payments.
BUDGET AMENDMENT 030 - GOVERNOR'S DRUG FREE COMMUNITIES GRANT
The Board reviewed the following memo dated 1/22/90:
TO: Members of the Board
of County Commissioners
DATE: January 22, 1990
SUBJECT: BUDGET AMENDMENT 030 —
GOVERNORJ'S DRUG FREE
COMMUNITIES GRANT
THROUGH: Joseph A. BairdN____
OMB Director
FROM: Irene E. Lewis ,nn
Budget Analyst iC
DESCRIPTION AND CONDITIONS
In the meeting of October 17, 1989, the Indian River County Board of
County Commissioners approved the Governor's Drug Free Communities
Grant in the amount of $50,000. The Grant proposal has been approved
by the state and funding has been made available to the County. The
attached budget amendment appropriates the funding.
Staff recommends the Board of County Commissioners approve the
attached budget amendment.
' •
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
Budget Amendment 030 appropriating the $50,000 received
from the Governor's Drug Free Communities Grant, as
recommended by OMB Director Baird.
70
Boor F"Au
iu
I
FEB Wo
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Director a__-
BOOK
A PAGE 77
SUBJECT: BUDGET AMENDMENT
NUMBER: 030
DATE: January 22, 1990
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/Governor's Drug
Free Recreation Grant
001-000-334-791.00
$50.000.00
0
EXPENSE
GENERAL FUND/Recreation
Professional Services
001-108-572-033.19
$38.200.00
0
Travel Bus Transportation)
001-108-572-034.02
5.000.001$
0
Other O eratincr supplies
001-108-572-035.29
S 5.800.00
0
Athletics
001-108-572-041.12
1,000.00
0
SERVICE AGREEMENT WITH INSURANCE SERVICING & ADJUSTING COMPANY
The Board reviewed the following memo dated 1/29/90:
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Directo ;,LJ
FROM: Beth Jordan, Risk Manager/1.0----
DATE: January 29, 1990
SUBJECT: Request for Board Consideration; Service Agreement with
Insurance Servicing & Adjusting Company (ISAC)
This is to request Board consideration on February 6,
1990, of the 1989-90 Service Agreement with ISAC.
i
Background
On October 17, 1989, the Board unanimously approved the
recommendations of Siver Insurance Management Consultants and staff
for the 1989-90 self-insurance program. Part of the
recommendations included utilizing ISAC as third party
administrator for claims services.
71
Analysis
�^ Following discussions with ISAC representatives, staff has received
1i. the Service Agreement which confirms the October Board action. It
has been reviewed, and is now ready for Board consideration.
Recommendation
Staff recommends Board approval 'and signature of the 1989-90
Service Agreement with ISAC.
s E.Chandler
ty Administrator
.2 - 6' 9'V
Date
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Service Agreement with Insurance Servicing 8
Adjusting Company and authorized the Chairman's
signature, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
COUNTY'S ADMINISTRATIVE POLICY MANUAL
The Board reviewed the following memo dated 1/25/90:
.................................................................
To: James Chandler,
County Administrator
Date: January 25, 1990
From: Jack Price, Personnel Sub: Administrative
Policy Manual
.................................................................
Please recommend approval by the Board of County Commissioners of
the two units of the Administrative Policy Manual attached:
AM -201.3
AM -208.1
Employment Advertising
Hours of Work
These have been reviewed by your staff and their comments
reflected in the policy units.
FEB6 1990 ' 2 BOOK
r
BOOK 79 FADE 7
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the ,following two units of the Administrative Policy
Manual, as recommended by staff:
AM -201.3
AM -208.1
ADMINISTRATIVE
POLICY
MANUAL
Employment Advertising
Hours of Work
SECTION
PERSONNEL
NUMBERI DATE EFFECTIVE
AM -201.3 02-01-90
SUBJECT
EMPLOYMENT ADVERTISING
PAGE
1 OF 1
POLICY:
It is the policy of the County to advertise open positions internally
to facilitate employee growth and development. When appropriate, open
positions will be advertised through other government offices,
newspapers, trade publications and other periodicals.,
COMMENT:
1. Positions are considered open when an approved employment
authorization form is received in the Personnel Department.
2. Open positions will be posted for existing County employees by
utilizing the bulletin boards placed throughout County facilities for
general purposes.
3. Internal notices of open positions shall be duplicated and sent to
the local Job Service office.
4. Commercial advertising of open
newspapers, trade publications,
periodicals. Such advertisements
Department. Design and wording
departments with the open positions.
positions may be purchased in
magazines, newsletters and other
will be placed by the Personnel
advice will be solicited from the
a. Any commercial advertising shall include Indian. River County's
statement as an Equal Opportunity Employer.
b. Commercial 'advertising shall be paid for by the Personnel
Department.
5. It shall be the responsibility
communicate with candidates who
advertising.
BCC
73
of the Personnel Department to
respond to internal or external
TE e2 - (o -- 90
SECTION NUMBER DATE EFFECTIVE
ADMINISTRATIVE PERSONNEL AM -208.1 02-01-90
POLICY
MANUAL SUBJECT PAGE
HOURS OF WORK 1 OF 1
POLICY:
It is the policy of the County to establish working hours as required
by work load and production flow, citizen service needs, and the
efficient management of personnel.
COMMENT:
1. The normal workweek is Friday through Thursday, beginning at
12:01 AM on Friday and ending at 12:00 Midnight on Thursday, and
consists of either forty (40) hours or thirty-seven and one-half (37.5)
hours. Certain fire fighters and emergency medical services employees
will work a non standard schedule.
2. The normal workday shall consist of either eight (8) or seven and
one-half (7 1/2) consecutive hours of work with an unpaid meal period.
The schedule of hours for employees shall be determined by the
department, division, or office to which they are assigned. Employees
shall be informed of their daily schedule of hours of work, including
meal periods, if any, and of any changes deemed necessary by the
County.
3. Lunch breaks for all County employees shall be established as
either a sixty (60) minute or thirty (30) minute period during which
the employee performs no duties related to the job function.
A. The duration and time of lunch breaks shall be scheduled by each
supervisor with appropriate regard for the work load.
5. Employees may be required to work overtime whenever it is deemed
necessary by their department head. Overtime shall be assigned by a
supervisor in the particular job for which overtime is required. No
employee shall be permitted to work overtime without the prior approval
of the supervisor and department head.
6. Employees represented by a labor union shall follow the provisions
of the labor agreement negotiated between the County and the respective
union.
BCC CHAIRMAN �"
4� .G1�Z DATE a-4- 70
FEB 1990 74 BOOK `-l9 Fa.,E 8
FEB 6
1990 BOOK `l9 F�cr�
REQUEST BY CHRISTOPHER SCHLITT FOR COUNTY TO PURCHASE A
SINGLE-FAMILY LOT FOR FUTURE RIGHT-OF-WAY ALONG 4th STREET -
PINETREE PARK SUBDIVISION
The Board reviewed the following memo dated 1/31/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request by Christopher Schlitt for County to
Purchase a Single Family Lot for Future
Right -of -Way along 4th Street - Pinetree Park
Subdivision
REF. LETTER: Christopher Schlitt to County dated Jan 17,
1990
DATE: January 31, 1990
DESCRIPTION AND CONDITIONS
Mr. Christopher Schlitt has recently purchased a 75' x 100'
lot which fronts on 4th Street in Pinetree Park Subdivision
west of Rings Highway. This month, he submitted plans to
construct an approximately 1,500 SF house on the lot. In
processing the application, the County staff determined that
the existing right-of-way along 4th Street fronting his lot
is only 35' wide.
Pursuant to section 25(t)(1)c of the Zoning Code, 25' of
right-of-way is required to be dedicated without
compensation to bring the segment of 4th Street in front of
his lot up to the minimum local road standard (601).
In addition, the future County Thoroughfare Plan designates
4th Street as a Minor Arterial Road with a 100' ultimate
right-of-way. If all 65' of additional right-of-way is
acquired at this time, the lot would be unbuildable.
ALTERNATIVES AND ANALYSIS
Alternative No. 1 '
In response to Mr. Schlitt's Jan. 17, 1990 letter, the
County staff is of the opinion that local road
right-of-way needs along J the subject lot could be
mitigated with the following scenario:
Dedicate to the County 25' of additional
right-of-way for 4th Street to meet minimum
local road standards. The County at this
time would delay the -total -100-'—ultimate—right--- ----------__..___.-
of -way width until the future.
�`;"•: :. Permit the septic tank to be installed within
the additional road right-of-way area.
75
� � r
Design an alternate house plan that would be -
compatible with the remaining 55' x 30'
building envelope, a different shaped house
of similar size (1504 SF) could be constructed.
Alternative No. 2 .
As an alternative, the County could purchase the entire
lot due to future right-of-way needs. In Mr. Schlitt's
Jan. 17, 1990 letter, he requested a purchase price of
$12,086.55. In reviewing this cost, staff recommends
the following compensation:
Original Purchase Price $8500
Survey - Since the survey contained errors, the
County staff would not recommend payment.
Blueprints - the house plans appear to be standard
plans that could be used on any lot. The County
staff would not recommend payment.
Land Clearing - In lieu of paying $337.50 for the
clearing, the County could clear a lot for Mr.
Schlitt of similar size and type.
Environmental Health Permit - the County staff
would recommend payment of $117.50
Fill Dirt - the County could fill a similar lot
for Mr. Schlitt of similar size and type.
Compaction - the County could compact a similar
lot for Mr. Schlitt.
Indian River County Building Dept. - since Mr.
Schlitt 's building plans have not been reviewed,
this $55.38 feet could be reimbursed.
Empire Engineering Soil Test - the County staff
would recommend payment of the $100 test fee.
Additional labor - the County staff would not
recommend payment of $400 for labor.
Total Recommended payment - $8,717.50
Alternative No. 3
Allow the house to be constructed at this time without
any additional right-of-way acquisition. This
alternative violates the Zoning Code.
There are 32 total lots along 4th Street within Pinetree
Park, 14 of which have existing houses encroaching the
future 100' right-of-way.
RECOMMENDATIONS AND FUNDING
It is recommended that Alternative No. 2 be approved whereby
the County would offer to purchase the entire lot for
$8,717.50. Funding to be from Secondary Road Trust Fund
109. The County should also proceed to acquire the
remaining lots prior to permit applications being submitted.
ATTACHMENT
1) Referenced letter
2) Map
3) Letter dated Jan.
Christopher Schlitt
16, 1990 from Stan Boling to
APPROVED AGENDA ITEM
FOR 02-06-90 ---•--
76
4 River Ca Approved
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To Whom It May Concern
Christopher P. Schlitt
505 66th Avenue
Vero Beach, F1. 32968
January 17, 1990
BOOK - l q
9 FADE �e
On December 29, 1989, my wife and I purchased a lot in
Pinetree Park, Lot 14 Block J Unit 2. The dimensions
were 75' x 100'. I bought a print to fit the lot and
had it surveyed. I then submitted my plans to the
Indian River County Building Department.
When I inquired about the septic tank, they asked me to
have the lot cleared for the perk test, so I did. On
my septic tank and well
determined by the heighth of
on January 5, 1990, and set
and compaction test to
January 3, 1990 I picked up
permits. Since the fill is
my tank, I ordered my fill
up for grading, compacting,
follow.
On January 11,,1990 I was informed by Environmental 4
Health that someone had made a mistake when they t
released my permits, and to stop construction. I r
talked to Stan Bowling who informed me that the County_
needed 65 feet of my property to allow for the right o\
way for the Thoroughfare Plan. He mentioned that the
County would probably have to buy the whole lot. I
proceeded to inform Stan that there were several houses
built within thes right of way in the past 24 months
including one under construction at this present time.
I contacted Jim Davis on the matter. He informed .me he
was not taking the 65 feet needed, but 25 feet without
compensation. When I explained to him that even if e
just took 25 feet the.property would be unbuildable.
He mentioned a variance to—allow—me=-to-=pu-t--my--septic------
.tank and drain field in the 25 feet. It makes no sense
that I would be allowed to use the 25 feet in a variance
for my septic tank and drain field if my entire property
has to be bought and destroyed along with the other 15 or
so houses that are my neighbors on Fourth Street in order
to,accomodate the Thoroughfare Plan.
I met with Jim Davis on January 14, 1990 and explained
to him how long it has taken myAand I to come to this
Close to owning our own home, -and how badly this will affect
our finacial planning and progress. Although Mr. Davis
has been as helpful as possible under the circumstances,
I will not settle for less than full compensation of my
purchase price and all expenses to this point, or
permission to build on the property as I originally
planned. I have contacted my attorney concerning this
matter and I am prepared if necessary to enter into
litigation.
Chester Clem
Carolyn Eggert, County Commissioner
Dick Bird, County Commissioner
Maggy Bowman, County Commissioner
Doug Scurlock, County Commissioner
Gary Wheeler, County Commissioner
Charles Vitunac, County Attorney
Sincerely your
r '
ri topher P. Schlitt
77
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Public Works Director Jim Davis advised that in looking at
the alternatives, staff feels it probably would be best to go
ahead and purchase the lot at this time and we have offered Mr.
Schlitt $8,717.50, which is less than what he has requested in
his letter of January 17, 1990. We have gone through the letter
item by item, and he felt Mr. Schlitt is in concurrence with
staff's recommendation.
Commissioner Scurlock realized it was difficult and that
there probably always will be cases where something slips
through, but he really would like to see us spend some additional
time on our tracking mechanism in terms of when permits are
issued, because he felt that whatever time we spend there to
tighten up that procedure will be time well spent.
Administrator Chandler agreed that the procedure needs to be
tightened up, and advised that staff will be getting back to the
Board sometime
in the next 30-60 days with
some general
� EB
6'19910
78
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�Eb 1990 BOOK PAvE 8
discussion on right-of-way acquisition and where we are headed.
We are having to wrestle with a good number of these cases on an
individual basis, and need some direction on policy and funding.
Commissioner Bird asked if this would be the only place on
the entire 4th Street corridor where we would have 100 feet of
right-of-way, and Director Davis advised that we have 100 feet of
right-of-way in other sections of 4th Street, particularly east
of 43rd Avenue where the County bought 6 lots about 1-1/2 years
ago. The point is that there are quite a few that we don't have.
Commissioner Bird asked Mr. Schlitt if he was in agreement
with the offer of $8,717.50, and Mr. Schlitt advised that he is
in agreement because Mr. Davis had worked out a couple of things
where we would be taking some things in trade such as the County
filling and clearing an equivalent piece of property. The only
thing that he basically will be losing is his plan, which
everybody decided can be used somewhere else. The only other
thing he will be losing is all the hours he has spent getting the
house this far only for it to be rejected.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation of Alternative No. 2, as set
out in the above memo.
Commissioner Scurlock was sorry that this happened to Mr.
Schlitt, and Director Davis explained that there has been a
surveyor in town who has been preparing sketches of surveys that
show a 60 -ft. right-of-way and that information is incorrect.
Staff has been taking the registered survey drawings as fact
because it is a platted subdivision, and haven't been going to
the plat to make sure that the registered land surveyor is
correct. The registered land surveyor is not showing the rights-
of-way appropriately, and we reviewed it based on the information
submitted.
79
Commissioner Scurlock asked if we have contacted the
surveyor to tell him he may be on the hook, and Director Davis
stated that we are certainly making contact with him.
Mr. Schlitt noted that there have been at least 8 houses
built in the last 24 months and he didn't feel that one surveyor
had necessarily done all of those, but Director Davis didn't feel
that we have had 8 houses in 24 months.
Commissioner Scurlock felt that the bottom line is that
debating it here won't really serve any purpose, and emphasized
that we have directed the County Administrator to tighten up on
this procedure.
Administrator Chandler explained that the problem has been
recognized on this particular situation, and we just don't want
to get in any deeper nor do we want to put the property owners in
the same situation that Mr. Schlitt is in. We are just going to
tighten up and figure out a better way.
Commissioner Bowman believed that Mr. Schlitt has a case
against the surveyor.
ENGINEERING SERVICES FOR INDIAN RIVER BOULEVARD - PHASE IV
The Board reviewed the.following memo dated 1129/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Release of Partial Retention - Engineering
Services for Indian River Blvd. Phase IV -
Glace and Radcliffe, Inc.
DATE: January 29, 1990
DESCRIPTION AND CONDITIONS
The engineering design of Indian River Boulevard Phase IV is
essentially complete. Regulatory permit applications have
been submitted and staff is responding to agency comments.
Since the original design contract with Glace and Radcliffe,
Inc. authorized a fee of $285,825, loo retainage in the.
amount of $28,582.50 is being held back for payment. The
PFEB 6 199U
80 BOOK P;GF - 86
FEE a 1990
Boor. 79 F,,1r 87
consultant is requesting that a portion of this retainage in
the amount of $13,582.50 be release at this time and that
the County continue to retain $15,000 until the project is
awarded for construction.
ALTERNATIVES AND ANALYSIS
Since it may be some months until the permits are issued,
staff is of the opinion that the consultant should not have
to wait for payment of the full $28,582.50 retainage.
RECOMMENDATIONS AND FUNDING
It is recommended that partial release of retainage in the
amount of $13,582.50 be made at this time to Glace and
Radcliffe, Inc. Funding to be from Fund 309 -Indian River
Boulevard North Fund.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
a partial release of retainage in the amount of
$13,582.50 to Glace and Radcliffe, Inc., funding to be
from Fund 309 -Indian River Boulevard North Fund.
RELEASE OF RETAINAGE - PETITION PAVING PROJECTS - PETERSON AND
VOTAPKA, INC.
The Board reviewed the following memo dated 1/29190:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Release of Retainage - Petition Paving
Projects - Peterson and Votapka, Inc.
DATE: January 29, 1990
DESCRIPTION AND CONDITIONS
The design of the following petition paving projects by
Peterson and Votapka, Inc. is complete:
8th Avenue from 2nd Street to S. Relief Canal
9th Avenue from 2nd Street to S. Relief Canal
10th Avenue from 2nd Street to S. Relief Canal
13th Avenue between 2nd Street and 4th Street
134th Street between Roseland Road and Short Street
81
The consultant is requesting release of the 10% retainage in
the amount of $1,941.60 as withheld by the County via the
agreement between the Consultant and the County.
RECOMIENDATIONS AND FUNDING
Since the work is complete, staff recommends release of the
10% retainage in the amount of $1,941.60. Funding to be from
Petition Paving fund 173.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the release of the 10% retainage in the amount of
$1,941.60 to Peterson and Votapka, Inc., funding to be
from Petition Paving Fund 173.
REQUEST FOR PAVING 129TH COURT
The Board reviewed the following memo dated 1/29/90:
------------------------------------------------------------
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Work -s Director
FROM: W.A."Bill" Meager Ic�P
Construction Coordinator
SUBJECT: Request for paving 129th Court
DATE: January 29, 1990
------------------------------------------------------------
DESCRIPTION,AND CONDITIONS
Mr. George Colby of Roseland United Methodist Church is
requesting that (Josie Street) 129th Court be paved from Roseland
Road North approximately 140' to the West boundary of the church
property using the $2,325.00 dollars that was escrowed July 30,
1988.
ALTERNATIVES AND ANALYSIS
Roseland United Methodist . Church recently obtained an
administrative approval and right-of-way permit to install a
concrete driveway to serve the church's van.
Under the current conditions of our right-of-way permit, the
concrete driveway cannot extent.beyond the property line on an
un -paved road. The approximate cost to pave this area as
.
....requested will be approximately $4,500.00.
Alternative #1
Pave 129th Court from Roseland Road to 82nd Court at a cost
of $4,5OO. The County would find the $2,175 additional cost
so that the new pavement would connect to a paved road at
each end.
82 p,1U. �P,
FEB 6 '1990 BOOK 79 PAGE 8
Alternative #2
Assess Lot 1 Block 8 and Lot 5 Block: 9 in addition to the
Church. The administrative cost to tale the project�,through
public hearing would be excessive for such a small project.
RECOMMENDATION AND FUNDING
Staff recommends Alternative # 1 and that 129th Court be paved
from Roseland Road (82nd Avenue) North to 82nd Court, connecting
both existing paved roads.
This would require paving an additional 150' of roadway to
icomplete this connection.
-Funding to be from escrowed funds by the Church in the amount of
$2.325 and. balance from Road and Bridge Department Operating
'Budget.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation of Alternative #1, as set out in
the above memo.
PURCHASE OF OSLO ROAD RIGHT-OF-WAY ALONG WEST SIDE COMMERCIAL
PARK SUBDIVISION
The Board reviewed the following memo dated 1/29/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: PURCHASE OF OSLO ROAD RIGHT-OF-WAY ALONG WEST SIDE
COMMERCIAL PARK SUBDIVISION
REF. LETTER: Monte K. Falls to James Davis dated 1-5-90
DATE: January 29, 1990
DESCRIPTION AND CONDITIONS
Dennis L. Smith, the developer of West Side Commercial Park
Subdivision located along the north side of Oslo Road
between 43rd Avenue and 27th Avenue is requesting at this
time that the County purchase the needed 60' of right-of-way
along the Oslo Road frontage of West Side Commercial Park.
In considering the pre -development value of the land, the
additional 19,645 SF of right-of-way is valued at $24,380
83
based on an appraisal dated Nov. 15, 1989 by Armfield an
Wagner Appraisers. The owner, Dennis Smith, originally
requested compensation for the post -development value of the
land which was $39,656.54 based on an opinion of the
appraised value of the commercial lots for market purposes.
The County staff has taken the position that the following
compensation is justified for purchase of the right-of-way.
Undeveloped appraised value of the 19,645 SF R/W $24,380
Cost for paving road in 60' of R/W 1,800
Cost of 60 LF of waterline 600
$26,780
In negotiating the purchase of this additional right-of-way, Mrl.
Smith has reduced his asking price to $30,000.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows
Alternative #1
- Accept the owners offer to sell the additional right-of-way
for $30,000. This value is $5,640 greater than the Nov. 15,
1989, appraised value in the undeveloped condition. The
cost to pave the subdivision street—and---install waterlines
through the 60' right-of-way parcel is $2,400. After this
value is considered, .the $3,240, additional cost would be
compensation to offset loss of the profit potential of the
right-of-way parcel.
.-Alternative #2
Deny the $30,000 final offer by the property owner and offer
to purchase the right-of-way for $26,780. This offer by the
County has been denied by the owner.
Alternative #3
Refuse to purchase the additional right-of-way at this time
and permit the owner to include the area in the limits of a
commercial lot.
RECOMMENDATIONS AND FUNDING
It is recommended that Alternative #1 be approved. Funding to be
from District 6 Traffic Impact Fee Fund.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation of Alternative #1, as set out
in the above memo.
FED
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PROPOSED SETTLEMENT FOR RELEASE OF LIEN
The Board reviewed the following memo dated 1/29/90:
TO: . The Board of County Commissioners
FROM: William G. Collins II - Assistant County Attorney
DATE: January 29, 1990
SUBJECT: Proposed Settlement for Release of Lien
On October 24, 1989 Indian River County filed a lien for
costs incurred in removing a nuisance structure. The Iien
was filed against Lot 1, Block 2, Pompey's Subdivision, said
plat being recorded in Plat Book 2, Page 69 of the Public
Records of Indian River County, Florida. The lien was In
the amount of $3,474.58, the costs incurred in demolishing
and removing the structure and paying landfill fees.
The owners of the property, J. A. Hammons and Lucille
Hammons have a contract on the property and are trying to
sell it. We have been contacted by the realtor and closing
agent to inquire about a settlement of our lien. There are
currently over $11,000.00 worth of mortgages, liens and
financing statements against the property. The purchase
price of the lot is $7,550.00. Thus, in order for the sale
to close, the various creditors are being asked to
compromise on the amount of their lien interests. According
to the closing agent, most of the creditors have indicated a
willingness to take less than 100% payment in order to get
some cash out of the transaction.
Indian River County is last in line of about five liens on
the property. This means that if the County does not agree
to compromise the amount of its Iien and one of the prior
creditors forecloses, the County's lien would be entirely
extinguished. The County's only option would be to pay off
all prior liens. The prior liens now amount to
approximately $6,500.00. This would place the County is the
position of having approximately $10,000.00 in a piece of
property which has a current sales contract of $7,550.00.
RECOMMENDATION
Accept the owner's/seller's proposal—to- release the County
lien which now amounts to $3,583.08, including interest,
through January 30, 1990 for the amount of $1,500.00.
main Rear ca ADProved Dale
_
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APPROVED FOR —10 — � 0 Budget p -
B.C.C. MEE�EGULAR AGENDA Deo1•
COUNTY ATTORNEY Risk Mgr.• — r
85
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Assistant County Attorney Will Collins explained that this
is one of the dilapidated homes on Oslo Road that was demolished
a year ago.
Commissioner Scurlock pointed out that the Landfill is an
enterprise fund, and he didn't feel we want to subsidize these
landfill fees.
Attorney Collins advised that the Landfill fees already have
been paid out of the Road & Bridge account, and Director Davis
emphasized that the transportation fund is really getting hit in
this case.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
acceptance of the owner's/seller's proposal to release
the County lien which now amounts to $3,583.08,
including interest, through January 30, 1990, for the
amount of $1,500, as recommended by Attorney Collins.
RELEASE OF LIEN IS ON FILE IN THE OFFICE OF THE CLERK TO THE
REQUEST TO FILL VACANT LAWYER POSITION CAUSED BY MATERNITY LEAVE
The Board reviewed the following memo dated 1/31/90:
TO: Board of County Commissioners
FROM: Charles P. Vitunac - County Attorney
DATE: January 31, 1990
RE: FILLING VACANT LAWYER POSITION CAUSED BY
MATERNITY LEAVE
Assistant County Attorney Sharon Brennan has given notice
that she would like to take the six months maternity leave
provided by the Personnel Rules and Regulations. (See
attached memo.) She would like to begin this leave of
86
1990, BOOK 1 � P.�.14 �4�
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BOOK . 9 c�j�(�y � PAGE
absence some time in March, returning approximately October
1, 1990. Mrs. Brennan also indicates that if the choice
were available, she would like to return to work on a
part-time basis after October 1 so that she can properly
care for her new child.
1 respectfully request permission to fill this position with
a full-time lawyer while converting Mrs. Brennan's job to a
part-time, permanent position beginning October 1, 1990. If
the Board approves the filling of this position with a newly
hired lawyer, I have a name ready to recommend to the
Board --a lawyer who possesses tremendous experience in
federal, state, county, and municipal government, who, by
happy coincidence, would like to take approximately eight
weeks of leave without pay each year, during which time Mrs.
Brennan would be available to fill in. After October 1,
Mrs. Brennan's part-time duties would include advising the
Code Enforcement Board, reviewing court costs presented to
the County for payment, and assisting the office during
scheduled vacations for the other two lawyers in the office
and during sicknesses or other absences when a fill-in
lawyer would be necessary.
Alternatives to my recommended course of action include not
hiring any replacement at all for Mrs. Brennan. The problem
with this is that the state -mandated rewrite of the land
development regulations and the concomitant necessary
rewrite of the entire Indian River County Code cannot be
performed with only two lawyers__ hand_li.ng__the_normaI heavy
workload of the County. Our office would be understaffed by
one-third for approximately seven months. This also ignores
Mrs. Brennan's request to become part-time if possible after
October.
A second alternative would be to hire a full-time, temporary
lawyer from, March thru October, 1990, at which- time Mrs.
Brennan would return full-time. The problem with this
approach is that it would be virtually impossible to hire a
qualified attorney who would be willing to relocate and
undertake such a job for sucli'a short period of time.
1 respectfully request authority to fill Mrs. Brennan's
position with a permanent, full-time attorney with the
conversion of Mrs. Brennan herself to a permanent, part-time
attorney effective October 1, 1990. Before any lawyer is
hired I would request Board approval of the person and of
the salary.
Attorney Vitunac felt everyone would be happy wi.th the
lawyer he has in mind, but he is not allowed to tell who it is
until after this has been approved. If this is approved, he
would call him this afternoon, but before any hiring is done, he
would bring his name and salary offer to the Board for approval
of each of the Commissioners. It will be an additional one-half
lawyer position, and it would end up with about eight -tenths of a
lawyer with the new person and Attorney Brennan will be more like
87
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250 of a lawyer.
So, it would be 5-100 over what we have now.
The new lawyer wants to take two months of vacation leave a year,
most of that without pay, as he would only receive whatever
vacation time he has earned by that time.
Commissioner Scurlock felt there isn't any question that we
really value Attorney Brennan, he just didn't want to be in a
position of hiring another part-time position because of Attorney
Brennan's maternity situation.
Attorney Vitunac felt there is no question that we need this
new lawyer. Besides having 30 years experience in this exact
field, he will be the one in charge of rewriting the Code other
than the land development site.
Chairman Eggert felt the question is whether another
attorney is needed in the County Attorney's Office, and Attorney
Vitunac honestly believed we need the person, but this won't be a
30 -year person. He envisioned his job fading out and Attorney
Brennan coming back as her child gets older and we will end up
with 3 lawyers. In the meantime, it is more or less a job
sharing.
Commissioner Wheeler understood that Attorney Brennan would
be a part-time backup to fill in when this other individual is on
leave, and we would be paying only one attorney. In talking with
Attorney Vitunac about fringe benefits, he understands that
Attorney Brennan would not have fringe benefits as a part-time
employee, but the other attorney would.
Commissioner Scurlock didn't understand how we are going to
hire an attorney who isn't a full-time attorney since he is going
to be on vacation for a couple of months a year.
Chairman Eggert pointed out that he would not be taking the
two months all at one time, but would be gone one week every six
weeks or so.
Attorney Vitunac confirmed that over a year the new lawyer
will be gone about
two months, and at
least 6 weeks of
that
would
1990
88
soon
.79
PArg 91
FEB
6 199®
BOOK
FAE95
be -unpaid and Attorney Brennan can fill
in during that
time
or
when Attorney Collins goes on vacation.
Commissioner Bird wondered how Attorney Brennan was going to
be able to pick up where the other attorney left off, and
Chairman Eggert explained that Attorney Brennan will become a
steady, part-time person.
Attorney Vitunac advised that Attorney Brennan will be
available as needed when the new attorney is gone or when
Attorney Collins is gone on vacation. This gentlemen will not
,leave when it is not convenient, that is part of the deal.
Assistant County Attorney William Collins advised that if
the County contracted out for these services on a short-term
basis, it would cost $100 an hour at -least, whereas the County
attorneys are paid approximately $20 an hour.
Commissioner Scurlock felt more comfortable in hiring a
full-time attorney who would be here just like Attorney Vitunac
and Attorney Collins and then address Attorney Brennan's
situation as being a part-time position. He felt that makes more
sense than finding an individual that has some unique
circumstance where every 6 weeks he is going to be going some
place. He would rather see us get a full-time attorney, replace
Attorney Brennan, and then let her become part-time until her
child grows up.
Attorney Vitunac believed this would work fine, and if it
doesn't, he wouldn't allow it and would change it. '
Commissioner Wheeler felt it would work also. The County
Attorney's recommendation made sense to him, and he felt it is
more economical to go this way than to hire another attorney.
Chairman Eggert recognized that the County Attorney's Office
is a very busy, hard pressed, occasionally overworked office, but
didn't want anyone to be deceived that all the savings from this
individual's leave will cover Attorney Brennan when she comes
back, because we are taking on another one-half of an attorney.
89
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Commissioner Wheeler felt it would be to our benefit to have
a lawyer with 30 years experience in this area, and Attorney
Vitunac stressed that this man would hit the ground running.
Commissioner Bird asked how long does Attorney Brennan have
after she has had her baby to exercise her option on a full-time
basis, and Attorney Vitunac advised that under our present
personnel policy, she has six months.
Commissioner Scurlock asked what precedent this would
establish to allow this individual to get 8 weeks off a year, and
Administrator Chandler advised that the basic personnel policy
doesn't cover anything other than what vacation time employees
earn for each year they are here.
Commissioner Scurlock felt he could go for this if this was
structured in such a way that we take out the mystery of what may
or may not happen. He asked if Attorney Vitunac had considered a
contractual agreement for the new lawyer which would set out the
vacation leave conditions, and Attorney Vitunac advised that only
the County Administrator and the County Attorney have employment
contracts with the County. He felt the County is better
protected with the personnel policy than what they would be in an
employee contract. He explained that the new lawyer would be
paid at an annual rate of $50,000, which is more than Attorney
Brennan's present salary of $38,000. However, 6 weeks of
vacation leave would be deducted from his annual pay. Attorney
Vitunac wished he could name the person, because he felt the
Board would be delighted with him and very satisfied.
Commissioner Scurlock asked specifically what would happen
if this individual decided not to take the 6 week's leave every
year -- would he be paid an additional salary for those weeks?
Attorney Vitunac confirmed that he would, and that would
amount to another $12,000 or so. However, this individual is
leaving his present position and taking a $20,000 cut in salary
to come here so that he can have the ability to take off a couple
of months each year.
FEB 6 199D 90 BOOK 79 JE 96,
EB 66)
1990 Boor.
Commissioner Scurlock understood then that the County
Attorney's budget would have to be amended in the amount of
$12,000 plus a part-time position, so we are talking about an
increase of $20,000 or more.
Chairman Eggert understood that after Attorney Brennan comes
back as a part-time employee, it would eliminate the County's
responsibility with respect to maternity leave.
Attorney Vitunac advised that Attorney Brennan understands
that. As a part-time employee, she would be relying on our good
faith to use her whenever we can. She would not receive benefits
as a part-time employee.
OMB Director Joe Baird advised that a budget amendment would
be needed for this year because we would be paying Attorney
Brennan her sick time during the time the new lawyer is drawing a
salary.
Attorney Vitunac explained that Attorney Brennan is leaving
in March, and the new lawyer would not come until April 23rd, so
there would be a month's gap and Attorney Brennan's sick leave is
only about two weeks.
Commissioner Scurlock asked what benefits Attorney Brennan
has accrued under her current status, and Attorney Vitunac stated
that she has sick and vacation, which she will use up in about
two weeks. The rest of her maternity leave will be unpaid. So,
for the 5 months that she will not be paid, this person would
come and be a full-time lawyer.
Chairman Eggert understood then that we need a budget
amendment for several thousand dollars for the remainder of this
budget year.
Director Baird asked if we would be paying the new lawyer's
health insurance for 12 months or just for the time he works, and
Attorney Vitunac advised that he would be a full-time employee
and we would have to pay his health insurance and sick time. He
did not anticipate a car allowance, however.
91
Chairman Eggert felt she would take Attorney Vitunac's word
for it that this will be good, but understood that if it wasn't
working, it would be changed.
Attorney Vitunac advised that he would come back with the
name of this person and the salary, and any impact for Director
Baird to run the numbers through for the rest of this fiscal
year.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, by a vote of 3-2, Commissioners
Scurlock and Bird dissenting, approved the County
Attorney's request to offer a certain individual a
permanent, full-time attorney's position and convert
Attorney Brennan's position to a permanent, part-time
attorney effective October 1, 1990
REQUEST FOR REFERENDUM ON PURCHASE OF INDIAN RIVER ISLANDS
The Board reviewed the following memo dated 1/23/90:
TO: Board of County DATE: January 23, 1990 FILE:
Commissioners
SUBJECT: Referendum on Purchase of
Indian River Islands
FROM:Caroln Chairmang� Egger REFERENCES:
In his letter of January 17, 1990, Mayor Macht of Vero Beach
requested that we place a referendum on the earliest ballot, that
incurs no special cost, asking the electorate to authorize an
appropriate sum to purchase the Indian River islands.
Before asking staff to provide estimates of cost, etc., I request
that the members of the Board of County Commissioners determine
if conceptually they are interested in such a referendum.
FEB �99a 9 2 E30CJK � � F;"t"U
ij= 11LBOOK
Commissioner Bowman felt a referendum on this was a little
premature, and Commissioner Wheeler felt that we first would need
an inventory of the islands to determine our priorities on which
ones we would like to see purchased.
Commissioner Bird felt the truth of the matter is that it
does not matter who owns the spoil islands, because the way they
are growing in their natural state is not the most productive
that they could be for nature, man or anything else. They really
need to be altered in some way to make them more productive than
just being overgrown with Australian pines and Brazilian pepper
trees, but that takes money and a plan.
Commissioner Bowman advised that the DNR recently got a
grant and did a survey and they will -be making recommendations.
Some of them will be designated for boating, some for picnicking,
and a few will be conservation areas. If the Mayor is talking
about purchasing natural islands, such as Fritz and Prang, that
is another story.
Chairman Scurlock wished to state again that he was not into
government by referendum, and Commissioner Bowman felt we need to
get some of these islands on the CARL program.
The Board indicted their agreement to have Chairman Eggert
write a letter of reply to the City of Vero Beach stating that
the Board of County Commission feels a referendum is premature at
this time.
REQUEST FOR SUPPORT FOR FM RADIO STATION WQCS TO OBTAIN FEDERAL
EQUIPMENT GRANT
The Board reviewed the following letter dated 1/18/90:
93
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INDIAN RIVER COMMUNITY COLLEGE
January 18, 1990
3209 VIRGINIA AVENUE • FORT PIERCE, FLORIDA 34981-5599
TELEPHONE 407-468-4744
Ms. Carolyn R. Eggert, Cb
Indian River County Commi
1840 25th Street
Vero Beach, FL 32960
Dear Commissioner Eggert:
1n� X30 Ill
J r` INDIAN RIVER COMMUNRY COItEOE /$
D
R�O�l�lE
SOARO cOUNN
/� P.O. Box 89
r oH"hiS$1QNERS w Fort Pierce. FL 34SBt-5599
_A
N
Your public radio station, WQCS/Classic 89 FM, needs your help in connection with
our efforts to obtain a federal equipment grant.
We are requesting from the National Telecommunications & Information Agency
$32,945.00. The money would be used to replace aging tape recorders and cart
machines used in the.day-today operation of the radio station. Our existing
equipment, obtained nearly ten years ago, was purchased with local and not federal
funds.
The single most important aspect of the grant application process is demonstrating -
that a public broadcast facility is, in fact, serving community needs. Letters from
community leaders, such as yourself, are important in showing that.
It would be deeply appreciated if you would take a few minutes and write a letter in
which you voice your strong support for WQCS/Classic 89 FM and its grant
application. If you are one of the 30,000 "plus" people who listen to the station
each week, please tell us what you like about Classic 89. Maybe it's our in-depth
news coverage or our careful blend of soothing classical music. Perhaps it's our
jazz programs or our in-depth reports on local issues.
If you're not a listener, perhaps you have spoken to others who are. Tell us why
=they tune to WQCS/Classic 89 FM.
With today's busy.lifestyles, we know we are asking a lot. Still, we can't
;emphasize enough how important such letters are to the grant process.
1If •you feel you can write a letter of support, please send it to WQCS/Classic 89 FM
4as quickly as possible. These letters must be filed with the'National Telecom-
, munications & Information Agency prior to March 2nd. We plan to compile and forward
,our grant application "letters of support" on Friday, February 23rd.
:_Thank you f r the serious consideration we know you will give thisp�bTION
LIST
T
mmissioners
S y' ministrator
•Attorney
Personnel
H. ami Holmes . Pub;ic Works
on Manager Com;Iwu+t
Y i.ev.
HJH'Utilities --
/djp 'Finance
SERVING • . INDIAN RIVER. MARUK.4ELmmE U IE COUNTIE'
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously authorized
the Chairman to write a letter to the National
Telecommunications & Information Agency supporting a
federal equipment grant for WQCS/Classic 89 FM.
94
BOOK / F,� F. JOU
F-
���
BOOK F,�UL 1��
TENTATIVE AGENDA FOR PROPOSED JOINT CITY/CGUNTY MEETING
The Board reviewed the following tentative agenda:
JOINT CITY/COUNTY MEETING ON
FEBRUARY 21, 1990
7:00 P.M.
VERO BEACH CITY COUNCIL CHAMBERS
TENTATIVE AGENDA
1. Sludge/wastewater
a. County presentation
b. City presentation
C. General discussion
2. Septage
a. County presentation
�- - b. City presentation ----- — ---- - ---------------
c. General discussion
3. Solid waste/recycling program progress report
a. Presentation followed by general discussion
Commissioner Bowman advised that she would have a conflict
with the February 21st date, but Commissioner Scurlock questioned
whether we even need to meet with the City Council on that date
which is only three weeks before a new Council will be seated.
In fact, he understands from Administrator Chandler that are very
close to an agreement with the City on the septage portion of it
on a.staff level, but there has been no indication by the City
staff as to any recommendation coming forward to participate in
the sludge portion. He felt it would be better to meet with them
after a new Council is seated.
Commissioner Bird felt that it would be best to wait until
the new Council members could be educated by the staff in these
matters, that's if a meeting is needed at all.
Chairman Eggert understood we have some time constraints in
these matters, and Administrator Chandler advised that unless we
95
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are looking at modifying what was presented to the—Commission at
the last meeting, he didn't feel there would be a time constraint
if we waited until after March or so to hold this meeting.
Commissioner Scurlock recalled that although he voted to
have a meeting with the City on sludge/septage, he had questioned
the need to have a joint meeting with the City.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously delayed a
proposed workshop meeting with the City of Vero Beach
until after a new City Council is seated; requested
staff to come back with a recommendation after having
had a chance to explain our position to the new Council
members; and if there is a need for a workshop, it can
be scheduled for an appropriate time.
APPOINTMENTS TO TRANSPORTATION PLANNING COMMITTEE
Appointments to Transportation
Planning Committee:
Margaret C. Bowman, Chairman
Don C. Scurlock, Jr., Alternate
Robert McCarthy (Sebastian City Council)
Peter Jones (Sebastian Alternate)
Joseph P. Brooks Sr. (Fellsmere)
NO ALTERNATE NAMED FOR FELLSMERE
W. W. Clark (Indian River Shores)
George Walters (IRS Alternate)
Robert Bradschaw (Orchid)
Robert Haines IV (Orchid Alternate)
Sandra Bowden (IRC School Board)
Gene Waddell (IRC School Board Alternate)
Walter Jackson (Gifford)
Dallas Yates (Gifford Alternate)
No reply has been received from
the City of Vero Beach
THE FOLLOWING RESUMES HAVE BEEN
RECEIVED FOR THE FOLLOWING
DISTRICTS:
Inn 9 6 BOOK 19 F,�' �9
r
BOOK 79 Pt1Ut 10,"t
i
District 6: Victor Minotty
Virgil Tetsworth
Richard Woodard
District 8: %eorge Beuttell
Juliana Young
District 9: William Kaser
City of Vero Beach recommends that
the handicapped be represented on
the County's Transportation Planning Comm.
Chairman Eggert advised that George Walters has withdrawn as
the Indian River Shores alternate, and understood that we still
have not received people from the City of Vero Beach, which may
be because they are waiting for the March election.
Commissioner Wheeler noted the City of Vero Beach's
recommendation that the handicapped be represented on the TPC,
and while he had no objection to a handicapped person being on
this committee or any other committee, he didn't understand what
specific expertise a handicapped person would have in
transportation matters.
Chairman Eggert felt their concern is in ample parking
spaces and curb cuts, but Commissioner Wheeler felt that our site
plan requirements take care of those items.
Commissioner Scurlock felt it would be beneficial to have
the handicapped represented when we become more sophisticated and
are considering the alternatives of increasing lanes or going
into mass transit.
Commissioner Wheeler emphasized that this doesn't preclude a
handicapped person from applying for representation from a
specific district, because they are more than welcomed to be
members of the committee.
Commissioner Bowman advised that we need to select one
representative each from Districts 6, 8 and 9.
97
District 9
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
appointed William Kaser to the Transportation Planning
Committee as the representative from Traffic Impact Fee
District 9.
District 6
ON MOTION by Commissioner Wheeler, SECONDED by
District 8
Commissioner Bowman, the Board unanimously appointed
Richard Woodard to the Transportation Planning.
Committee as the representative from Traffic Impact Fee
District 6.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously appointed
Juliana Young to the Transportation Planning Committee
as the representative from Traffic Impact Fee District
8.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:35 o'clock P.M.
ATTEST:
Clerk
98
FED �gg�
IKA
,.�
Chdirman
,/
BOOK Jif PAGE 104