HomeMy WebLinkAbout2/27/1990. .. ..�.
BOAR ACT 1 ON >; 1 MPL.EMENTAT 1 ON
Vi- -�� BOARD OF COUNTY COMMISSIONERS
�� INDIAN RIVER COUNTY, FLORIDA.
D N AGENDA
C�1SS 0NV S �4
REGULAR MEETING
ok.�`�� FEBRUARY 27, 1990
9:00 A.M. - COUNTY COMMISSION 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
Margaret C. Bowman Charles P. Vitunac, County Attorney
Don C. Scurlock, Jr.
Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board
Approved. C. Acceptance of Leonard Craven's
resignation from Environmental
Control Hearing Board
(Letter dated 2/13/90)
Approved w/modification
that funding come from
existing salary acct. E
not contingency.
Approved.
D. Budget Amendment 036, Traffic
Engineer automobile allowance
(Memorandum dated 2/15/90)
E. Budget Amendment 037, Reducing
fairground revenue by $9,000
(Memorandum dated 2/15/90)
t
-*)d-, Ccnm'r. Scurlock req, addn under his items of a req. from Ccn comity Television
` Foundation of So. Fla. Inc., as 12D.-,�
FEB 2'71990�;�.?
9:00 AM
1. CALL TO ORDER
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Chairman Eggert
Carolyn K. E ert
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
a.
Chairman Eggert advised that Ccnmt.Dev.Dir.asked for addn of emergency item in
regard to appointing Selection CaYml.to review RFPs for Ccaputer Programming
«J g
- b.
as 10A(1) . so
Requested aadn to Consent Agenda of Proclamation designating March 3rd as
c.
pgvertis- Da at Item 6Q. `
ChaIrman Eggger� req.addn of Baker Act fundng letter to her items as 12A(1),(*SEE
5. APPROVAL OF MINUTES (BELOW)
Approved.
Approval of Minutes of Special
Meeting of 1/22/90
/ 22 /
6. CONSENT AGENDA
Approved.
A. Approval of Out of County
Travel for Commissioners
and appropriate staff to
attend Treasure Coast
Legislative Conference
April 30 -May 2, Tallahassee
Approved.
B. Approval of City's Appointment
of Molly Beard to serve on
Transportation Planning Committee,
and Kevin Doty to serve as her
alternate
Approved. C. Acceptance of Leonard Craven's
resignation from Environmental
Control Hearing Board
(Letter dated 2/13/90)
Approved w/modification
that funding come from
existing salary acct. E
not contingency.
Approved.
D. Budget Amendment 036, Traffic
Engineer automobile allowance
(Memorandum dated 2/15/90)
E. Budget Amendment 037, Reducing
fairground revenue by $9,000
(Memorandum dated 2/15/90)
t
-*)d-, Ccnm'r. Scurlock req, addn under his items of a req. from Ccn comity Television
` Foundation of So. Fla. Inc., as 12D.-,�
FEB 2'71990�;�.?
FEB 2 7 1990
6. CONSENT AGENDA - CONTINUED
F. Budget Amendment 038, Reimburse
Approved. Hospital $97,847.96 per ALS
program
(Memorandum dated 2/15/90)
Approved. G. Budget Amendment 039, Treasure
Shores Park use of Tourist Tax
funds
(Memorandum dated 2/15/90)
Approved. H- Budget Amendment 042, Tourist
Tax
(Memorandum dated 2/21/90)
BOOK
Approved. I. FY 90/91 Library Grant Agreements
(Memorandum dated 2/15/90)
Approved. J. IRC Bid 90-15, Aluminum buildings
(Memorandum dated 2/19/90)
Approved. K. IRC Bid 90-31, Surplus Caterpillar
parts for sale
(Memorandum dated 2/19/90)
Approved. L. IRC Bid 90-32, Indian River
Blvd. 12" force main
(Memorandum dated 2/8/90)
Approved. M. IRC Bid 90-33, D7H tractor
(Memorandum dated 1/25/90)
Res. 90-264amended. N. Manatee Resolution
(Memorandum dated 2/21/90)
Approved up to $5,000 O. Authorize Proctor Construction
on jail S Health Dept. to issue change orders up top
Building projects & $5,000 on each project
$2,500 on Library projects. (Memorandum dated 2/20/90)
Approved. P. Authorize County Attorney to
draft a Resolution requiring
Constitutional Officers tentative
budgets be submitted by May 1. -
(Memorandum dated 2/20/90)
Approved. Q. Proclamation - Advertising Day
7., CLERK TO THE BOARD
None
9:05 AM 8. A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1) Paving and drainage improvements:
Res. 90-27 8th Ave. from 2nd St. to So. Relief Canal
Res. 90-28 9th Ave. from 2nd St. to So. Relief Canal
Res. 90-29 10th Ave. from 2nd St. to So. Relief Canal
Res. 90-30 13th Ave. from 2nd St. to 4th St.
Do traffic count at church and 134th St. So. of Roseland Rd.
come back w/equitable formula (Memorandum dated 2/1/90)
for paving based on traffic counts.
Also come back w/traffic flow:.2) Ty Tarby request to amend the Comp. Plan
biternatives.. Next•tmeeting t. and Rezone 156 acres
scheduled for 4/10 at 9:00 a.m. (Memorandum dated 2/19/90)
Moved staff's rec. w/developers assurances that there
are a number of issues unresolved & their being aware
of 66th Ave.'s future - also concerns for stormwater
- managemeni
9. COUNTY ADMINISTRATOR'S MATTERS
None
10. DEPARTMENTAL MATTERS
Approved. A. COMMUNITY DEVELOPMENT
PP 1Planning Dev. computer programming RFD
Comm. Wheeler to None
sit on committee.
B. EMERGENCY MANAGEMENT
Approved. Approval of Renewal of UPS contract
with EPE Technologies, Inc. for
911 center
(Memorandum dated 2/15/90)
C. GENERAL SERVICES
IRC Bid 90-45, Re -roofing Main
Approved. Library
(Memorandum dated 2/19/90)
D. LEISURE SERVICES
Approved.
Approved.
Approved.
Approved with a 90
day timeframe.
11.
FEB 2°71990
L_
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Request approval of premium payment
for difference in conditions (Flood)
insurance
(Memorandum dated 2/12/90)
G. PUBLIC WORKS
1) Right-of-way acquisition, Seald
Sweet Growers, Inc., SW corner of
74th Ave. at SR -60 and Budget
Amendment 043
(Memorandum dated 2/21/90)
2) Request from "Teens Against Boredom"
to use Golden Sands Park for beach
party
(Memorandum dated 2/20/90)
H. UTILITIES
Assessment on AlA No. of Windsor Polo
Club and related engineering services
(Memorandum dated 2/16/90)
COUNTY ATTORNEY
None
BOOK
r
FEB 2 71990 '79 Pr,LAS
12. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. VICE CHAIRMAN RICHARD N. BIRD
Approved. License agreements for Airmasters
Remot-e Control Club, and Indian
River Radio -operated Car Club
(Memorandum dated 2/19/90)
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER DON C. SCURLOCK, JR.
Approved. 1. Community Television Foundation letter
of support.
E. COMMISSIONER GARY C. WHEELER
13. SPECIAL DISTRICTS
Approved.
Approved.
Approved.
Adm. appointment.
SOUTH COUNTY FIRE DISTRICT
A. Approval of Minutes of 1/23/90
Meeting
B. Approval of additional funding
for Fire station #1 parking lot
addition, and award of Bid.90-40
(Memorandum dated 2/21/90)
C. Authorization to.advertise for
bid for pumper truck to be in
1990/91 budget
(Memorandum dated 2/20/90)
D. Selection of Fire Chief
AI .
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
BE BASED.
Tuesday-, February 27, 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 27, 1990, at 9:00 o'clock A.M. Present were Carolyn K.
Eggert, Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and
Gary C. Wheeler. Absent was Vice Chairman Richard N. Bird, who
was out of the county at a seminar. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, Attorney to
the Board of County Commissioners; and Virginia Hargreaves,
Deputy Clerk.
Chairman Eggert called the meeting to order and led the
Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert advised that the Community Development
Director has asked for the addition of an emergency item in
regard to appointing a selection committee to review RFPs for
Computer Programming as 10A M . She next requested the addition
to the Consent Agenda of a Proclamation designating March 3rd
Advertising Day as Item 6Q.
Chairman Eggert also requested the addition of a Baker Act
funding letter to her items as 12A(1), and Commissioner Scurlock
requested the addition under his items of a request from the
Community Television Foundation of South Florida, Inc., as 12D.
FEB 2 71990 Boor; .19 E,acr,349
FEB 2 71990 BOOK F�GE
ON MOTION By Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird being absent, the
Board unanimously (4-0) approved the addition of the
above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Special Meeting of January 22, 1990.
There were none.
ON MOTION By Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, Commissioner Bird being absent, the
Board unanimously (4-0) approved the Minutes of the
Special Meeting of January 22, 1990, as written.
CONSENT AGENDA
Commissioner Scurlock requested that Items D, J, and M, be
removed from the Consent Agenda for discussion.
Commissioner Bowman requested that Item N be removed, and
Chairman Eggert requested that Item 0 be removed also.
A. Out -of -County Travel
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent,
the Board unanimously (4-0) approved out -of -County
Travel for Commissioners and appropriate staff to
attend the 1990 Treasure Coast Legislative Conference
April 30 -May 2 in Tallahassee.
2
B._ Appointments to Transportation Planning Committee_(V.B.)
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent,
the Board unanimously (4-0) approved the appointment of
Molly Beard to serve as the City of Vero Beach repre-
sentative on the Transportation Planning Committee,
and Kevin Doty to serve as her alternate.
C_MResi2nation from Environmental Control_ Hearing_ Board
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent,
the Board unanimously (4-0) accepted the resignation
of Leonard S. Craven from the Environmental Control
Hearing Board with regret.
D. Budget Amendment #036__ Traffic Engineer Auto Allowance
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board
of County Commissioners
DATE: February 15, 1990
SUBJECT: BUDGET AMENDMENT 036 —
TRAFFIC ENGINEER
AUTOMOBILE ALLOWANCE
CONSENT AGENDA
FROM: Joseph A. Bairl� D
OMB Director
DESCRIPTION AND CONDITIONS
Indian River County attempted to hire a Traffic Engineer for over a
year and finally was able to hire a qualified candidate. One of the
FEB 2'2 1990 3 BOOK �� Exu35)1
Fr- I
FEB 27 1990 BOOK .79 PAGE 352
conditions of the new Traffic Engineer's employment was that he
receive an automobile allowance. The "automobile allowance" was not
anticipated at the beginning of the fiscal year; therefore, the
attached budget amendment appropriates the funding.
M;�*C9 ,IYIDo ID ; • "I
Staff recommends the Board of County Commissioners approve the
attached budget amendment.
Commissioner Scurlock noted that he has no problem with the
vehicle being provided. What he does have a question about is
whether we can take those funds out of the salary account as
opposed to Contingency.
OMB Director Baird commented that the problem with reducing
the salary account is that then next budget year the Board has
questions about why the salaries increase so much.
Commissioner Scurlock believed we funded this position in
the salary account, and there are other positions that are funded
and not filled; so, he felt it would be more appropriate to take
it out of that account. He asked when the Traffic Engineer was
budgeted for.
Administrator Chandler advised that he was budgeted for the
full fiscal year and we weren't able to bring him on board until
January 1st; so, there is no question this can be funded as
Commissioner Scurlock suggests. In the past what was left just
become Cash Carry Forward.
ON MOTION By Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird being absent, the
Board unanimously (4-0) approved staff recommendation
and Budget Amendment #036 with the provision that it
be modified to take funds from within the existing
salary account rather than Contingencies.
4
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird,
OMB Directo
SUBJECT: BUDGET AMENDMENT
NUMBER: 036
REVISED
DATE: 02-27-90
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
ROAD AND BRIDGE/Traffic Eng.
Automobile Allowance
111-245-541-034.01
S2.475.00
S 0
Re lar Salaries
111-245-541-011.12
S
.00
E. Budget Amendment 0037 - Reducing Fairground Revenue
The Board reviewed memo from the OMB Director:
TO: Members of the Board
of County Commissioners
DATE:" February 15, 1990
SUBJECT: BUDGET AMENDMENT 037 -
REDUCING FAIRGROUND REVENUE
BY $9,000
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
Pursuant the decision of the Board of County Commissioners at the
meeting of February 13, 1990 to utilize the $9,000 lease.revenue from
the Firefighter's Fair for capital improvements, a budget amendment
will be required reducing revenue. At the beginning of the year the
budget included the $9,000 to offset the operating expenses;
therefore, we are reducing the General Fund Fairground Revenue by
$9,000 and General Fund Contingency by $9,000. The $9,000 from the
Fairground will be segregated in the account for capital improvements
as required by the Board of County Commissioners.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
attached budget amendment.
ON MOTION By Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) approved Budget Amendment #037
as follows:
5
BUCK � � PAGE •.��,�
� FE B'2 71990
FEB 2 71990
BOOK 79 FAGE 35
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Directo�
SUBJECT: BUDGET AMENDMENT
NUMBER: 037
DATE: 02-15-90
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/
Fair round Fees.
001-000-369-096.00
0
$9,000.00
Reserve for Contingency
001-199-581-099.91
0
$9,000.00
F. Budget Amendment #038 - Reimburse Hospital per ALS Program
The Board reviewed memo from the OMB Director:
TO: Members of the Board
of County Commissioners
DATE: February 15, 1990
SUBJECT: BUDGET AMENDMENT 038 -
REIMBURSE HOSPITAL
$97,947.96 PER ALS PROGRAM
FROM: Joseph A. Bair,.
OMB Director
DESCRIPTION AND CONDITIONS
As per the terms set forth in the Advance Life Support Service
Agreement, Indian River County will be returning a surplus to the
Indian River County Hospital District of $97,947.96. The attached
budget amendment appropriates funding to enable us to return the
money.
RECOMMENDATION
Staff requests approval of the attached budget amendment and
authorization to issue a check to the Indian River County Hospital
District in the amount of $97,947.96.
ON MOTION By Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) approved Budget Amendment #038
as follows and authorized the issuance of a check to
the Indian River County. Hospital District in the amount
of $97,947.96:
6
TO: Members of
of County
the Board
Commissioners
FROM: Joseph A. Baird, OMB
Directoi
SUBJECT: BUDGET AMENDMENT
NUMBER: 038
DATE: 02-15-90
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/
Cash Forward - October 1
001-000-389-040.00
S97.948.00
S 0
EXPENSE
GENERAL FUND/ALS
Prior year EXRense
001-253-526-036.721$97,948.001$
0
G. Budget Amendment #039 - Use of Tourist Tax Funds (Treasure
Shores Park)---'~~-------�----~---------
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board
of County Commissioners
DATE: February 15, 1990
SUBJECT: BUDGET AMENDMENT 039 -
TREASURE SHORES PARR
USE OF TOURIST TAX FUNDS
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The Tourist Development Council budgeted $92,000 for District II
(County) expenditures in the Tourist Tax fund, to be used in the
1989/90 budget year. In addition, another $29,425 is available from
the unused portion of Tourist Tax monies dedicated to the
construction of Golden Sands Park in the 1988/89 year; this project
has since been completed. As part of a matching grant program, we
have the opportunity to use these monies to begin work on a new
recreational facility, to be known as Treasure Shores. Park. This
project, to be located on the ocean in the North County, is a planned
complex, with the following special features:
o 4,000 feet of beachfront.
o The complex will be designed to preserve as much of the
natural vegetation as possible.
o There will be an oceanfront recreation area, with at least
631 parking spaces, outdoor showers, lifeguard tower and
picnic/playground area with complete facilities.
o A pedestrian plaza area with restroom facilities,
convenience store and rental facility for surfboards,
balloon tire bicycles, etc. Of special interest is a
7"79BOOK F'�1GE 35
FEB 27' 1990
_ 14Q
FEB 2 { ry 990i9
r age
BOOK PAGE
planned environmental exhibit, with video and slide
presentations of sea turtle habits as well as other flora
and fauna in the region.
o An observation tower for visitors
o A wood deck and volleyball area
o Other restroom facilities
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
attached budget amendment.
ON MOTION By Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) approved Budget Amendment #039
authorizing the use of Tourist Tax monies to be used
in Treasure Shores Park as recommended by staff:
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
FROM: J-oseph A. Baird, OMB Director
NUMBER: 039
DATE: February 15, 1990
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decrease
1.
EXPENSE
TOURIST TAX/
Reserve for Contingency
119-110-581-099.91
S 0
S 92,000
Transfer Out -District II
119-110-581-099.32
S 121,425
0
TREASURE SHORES PARK/
Construction in Progress
311-210-572-066.5l..$
121,425
REVENUE
TREASURE SHORES PARK/
Transfer In
311-000-381-020.00
S 12l 425
0
TOURIST TAX/
Cash Forward - October 1
119-000-389-040.001$
29,425
IS 0
H. Budget_ Amendment #042 _ Re Tourist Tax
The Board reviewed the following memo from the OMB Director:
8
� � r
TO: Members of the Board
of County Commissioners
DATE: February 21, 1990
SUBJECT: BUDGET AMENDMENT 042 -
TOURIST TAX
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
Iv -
DESCRIPTION AND CONDITIONS
The Tourist Development Council approved the following budget
amendments at their meeting of February 14, 1990:
1. The City of Vero Beach was owed $140,500 in Tourist
Tax, District I Fund from the 1988/89 fiscal year
which was not paid until the 1989/90 fiscal year.
This timing difference caused the substantial
difference in anticipated Cash Forward Revenue balance
beginning in 1989/90. The attached budget amendment
appropriates the funding as required.
2. The City of Vero Beach requested $5,000 from District
I to assist the Arts.Council in paying for the Bourbon
Street Festival per the attached letter dated January
30, 1990 from Tom Nason, Finance Director, City of
Vero Beach.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
attached budget amendment.
ON MOTION.By Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent,,the
Board unanimously (4-0) approved Budget Amendment #042
as recommended by staff.
9
FEB 2 71990
FEB 2 71990
Ptd JF 3
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 042
DATE: February 21, 1990
Entry
Number.
Funds De artment Account Name
Account Number
Increase
Decrease
I.
REVENUE
TOURIST TAX/
Cash Forward - October 1
119-000-389-040.00
S 140.500
S 0
EXPENSE
TOURIST TAX
Vero Beach - District I
119-110-572-088.11
140,500
0
2.
REVENUE
TOURIST TAX/
Cash Forward - October 1
119-000-389-040.00
5,000
0
EXPENSE
TOURIST TAX
Vero Beach - District I
119-110-572-088.11
5,000
0
I. Library Grant Agreements FY 90191
The Board reviewed memo from Library Director Mary Powell:
DATE: 2/15/90
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: H.T."SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVI ES
SUBJECT: FY 90./91 3RANT AGREEMENTS•
FROM: MARY D. POWELL, DIREC
INDIAN RIVER COUNTY MAIN LIV AR
BACKGROUND:
I applied for two competitive grants for FY 90/91 and
was awarded both by the State Library: Library Services
Through Technology for $30,000.00 and Information and
Referral for $15,000.00. Both require a local 1/3
match which will be taken from regular budgeted salaries
and automation system purchases (bond money).
ANAI VCT C -
The Chairman of the Board of County Commissioners' signature
is required on both original agreements in order to receive
the approved allocation. Agreements attached.
10
RECOMMENDATIONS:
Staff respectfully requests that the Board authorize- its
P.hairman to sign the grant agreements and return to the
►Main Library Director to be forwarded to the appropriate
State Library Staff.
ON MOTION By Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) authorized the Chairman to sign
the above described Grant Agreements and return to the
Library Director to be forwarded to the State.
COPIES OF PARTIALLY SIGNED AGREEMENTS ARE ON FILE IN THE OFFICE
OF CLERK TO THE BOARD
J. Bid #90-15 - Aluminum Buildings
The Board reviewed a memo from CPO Manager Mascola:
DATE: February 19, 1990
TO: . BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Serv'
FROM: Daui.nick L. Mascola, CPO Manager
Division of Purchasing
SUBJ: IRC BID#90-15\ALUNIIIQM BUILDINGS
On request from the Solid Waste Disposal District, IRC Bid 90-15
8 x 8 Aluminum Building,..a Certified Letter was sent to the only
Bidder Acrcan Building Corporation of Fort Pierce, indicating that
their buildings were not acceptable and must be brought up to spec-
ifications by February 20, 1990 or the bid will be terminated.
ANALYSIS:
As of February 20, 1990, Acrcan Building Corporation, has not net
specifications of IRC Bid 90-15 and in their current state, the
structures are not acceptable.
Staff recommends the authority be granted by the Board of County
Commissioners to declare IRC Bid 90-15 cancelled.
11 BOOK 19 FA-U,LMZJ
FER 2 `11990
EER 2 7 19a
BOOK i PWi .360
Commissioner Scurlock advised that about a month ago he
received a call from Mr. Smalley who previously had been on our
mailing list and was concerned that he wasn't included in this
mailing. Commissioner Scurlock realized that we did publish this
bid, but he just felt that we need to get a little more consist-
ent about who we contact and how we contact them. If we go to
the phone book, then we should mail to everyone appropriate
there, and if we go to the standard directories for vendor serv-
ices, then identify the particular area and send to everybody.
Administrator Chandler believed on this particular one,
staff d`d cio primarily to what was in the phone book, and
Commissioner Scurlock stressed that he is not criticizing the
Purchasing Department; he is just saying pay a little more
attention to this particular process because it is difficult
enough to get people to send in bids to county government in the
first place.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, Commissioner Bird being absent, the
Board unanimously (4-0) gave staff the authority to
declare Bid #90-15 canceled.
K. Bid #90-31 - Surplus Caterpillar Parts for Sale
The Board reviewed memo from Purchasing Manager Mascola:
12
DATE: February 19, 1990
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adminis ator
H.T. "Sonny" Dean, Director
Department of Genera Se
FROM: Dominick L. Mascola, CPO Manager
Division of Purchasing
SUBJ: IRC BID#90-31\SURPLUS CATERPILLAR PARTS
FOR SALE
aTrv�nnrin�.
On request frau the Fleet Management Department, IRC BID 90-31
Surplus Caterpillar Parts For Sale were sent to Thirty -One
various Government and Private Companies. On Nov. 28, 1989
the bid was opened and there were no submitted proposals.
The bid was cancelled by Purchasing.
ANALYSIS•
Staff recomrends the authority be granted by the Board of
County Carmissioners to declare surplus and authorize a sale
of the attached Caterpillar Parts List.
RECOMMENDATIONS:
The only response at this point intime, is frau the Parts
Department of Kelly Tractor Company of West Palm Beach, Fi.
Kelly has made an offer of $3,000.00 for the total parts.
Value of parts on inventory is $16,047.25 (This represents 18%)
These parts are no longer of value to Fleet Management. Staff
recommends the Surplus Caterpillar Parts be sold to the only
response offer Kelly Tractor for $3,000.00.
FUNDING:
The monies received from this sale will be returned to Fleet
Management by Budget.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) approved the sale of the above
described surplus Caterpillar parts to the only response
offer Kelly Tractor for $3,000.00; the monies from the
sale to be returned to Fleet Management.
1 3 BOOK
'EB 71990
FEB 2 71990
��
BOOK �� PAGE•dJ�
L. Bid #90-32 - Indian River Blvd. 12" Force Main
The Board reviewed memo from Purchasing Manager Mascola:
DAM: February 8, 1990
TO: BOARD OF COUNTY COMIUSSIONERS
TRW: James E. Chandler, County Administrator
H.T."Sonny" Dean, Director
Department of General Se`zvices
FROM: Dominick L. Mascola, CPO Manager
Division of Purchasing
SUBJ: IRC BID#90-32-Indian River Blvd 12" Force Main
On request from the Utility Department the bid for Indian River
Blvd 12" Force Main was properly advertised and Fifteen (15)
Invitatins to bid were sent out. On January 17, 1990 bids were
received. Eight (8) vendors submitted proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. Owl & Associates,. Inc. was the low bidder that
met all requirements.
FUNDING:
Monies for this project will crane from Budget Utility Funds
Miscellaneous Repairs, which has a budget of $345,098.75.
EXXI&EIMMON:
Staff reccnends the Award of a Fixed Contract for $227,162.50
to the low bidder, Owl & Associates, Inc. for the subject project.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) awarded Bid #90-32 for Indian
River Blvd. 12" Force Main to the low bidder Owl &
Associates, Inc., and approved a fixed contract in the
amount of $227,162.50, per the following Bid Tabulation:
(CONTRACT NOW ON FILE IN THE OFFICE OF CLERK TO BOARD)
14
'M
Ln
0
0
BOARD OF CO UNTY COMMISSIONERS.
1840 25th Street, Vero Beach. Florida 32960
Telephone: (304) 567.6000
Recommended Award
Owl & Associates, Inc
1. Owl & Assoc, Inc
115 Springline Dr
Vero Beach, Florida 32963 $227,162.50
2. Regla Construction
Powerline
RcY-
Pomphno Beach, F1 33069 $233,770.00
3. Ted Meyer.Contracting
. Box 229
Winter Beach, fl 32971 $241,293.41
4. ' A. 0. B. Under Ground
7233 Southern Blvd
West Palm Beach, F1 33413 $243,631.00
Date: 1117J90
PURCHASING DEPT.
BID TABULATION
Suneom Telephone: 2241011 Submitted By Dominick L Mascola
PURCHASING MANAGER
Bid No. ' 90-32
Date Of Opening 1/17/90
•
$ 227,162.50. Bid Title Indian River Blvd 12" Force Main
- •; -
5. JoBear, Inc
P.O. Box 1866
Melbourne, F1 32901 $276,993.35
6. Utility Systems of America
1725 S. Nova Rd. B-4
South Daytona, F1 32019 $279,335.00
7. Reliable Construction
5838 N. Military Trial
West Palm Beach, F1 33407 $286,048.50
8. Belevedere Construction Co
West Palm Bch, F1 33416 $374,724.00
1'
1
1
f'E B 2 71990
ROOK 79 FADE 361
M. Bid #90-33-- D7H Tractor
The Board reviewed the following memo from the Purchasing
Manager:
DATE: January 25, 1990
TO: BOARD OF COUNTY
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Dominick L. Mascola, CPP Manager
Division of Purchasing
SUBJ: IRC BID#90-33/D7H TRACIOR
On request from the Solid Waste/Landfill Division the bid
for the D7H Tractor was properly advertised and Ten (10)
invitations for bid were'sent out. On January 24, 1990 bids
were received. Two (2) vendors submitted proposals for the
equipment.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. Florida Equipment and Service was the low
bidder with a Liebherr PR741 but did not meet the minimnn
specifications. (See Memorandum). Kelly Tractor was the
low responsive bidder with a Caterpillar D7H Tractor that
met all specifications.
FUNDING:
Monies for this equipment will come from the CIP Equipment Account.
There was $181,500.00 budgeted, the additional $30,012.00 will be
a money transfer from the bond issue contingency fund.
REOOAM'ENDATION:
Staff recoau ends the Award of the bid for $211,512.00 to
Kelly Tractor Company for the subject commodity -
Commissioner Scurlock noted that he previously had expressed
some concern about having specifications broad enough so that
people can bid, and he has been assured by Purchasing that at
least four bidders could have met the specifications on this but
chose not to bid. Commissioner Scurlock continued that on this
particular item, it looks on the surface as if we could have
saved $40,000 by going to a lighter piece of equipment, but staff
told him that isn't what their recommendation would have been
even if it met the specifications because they need the extra
16
weight in the Landfill operation. He did think that we need to
find out why Mason and the others did not bid, and maybe next
time we can improve our process a little more.
Administrator Chandler advised that when we bid this pre-
viously, we received only one bid and then did make the specs
more generalized, but still got only two bids, one of which
clearly did not meet the specifications.
Director Dean informed the Board that he has instructed
staff to do a survey on why more firms did not bid.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, Commissioner B.ird being absent, the
Board unanimously (4-0) awarded Bid #90-33 for a D7H
Tractor to Kelly Tractor as being the low responsive
bidder meeting specifications, in the amount of
$211,512, as per the following Bid Tabulation.
BOARD OF COUNTY COMMISSIONERS
184025th Sheet Vero Beach. Florida 32960
Tu►pnenr. ISI 667b000' O �,. ..
• 2 .A
Recommended Award Kelly Tractor �LOR10� �' $ 211,512.00
Date =i/25/90
PURCHASING. DEPT.
BID TABULATION
Submitted By Domfnlck L Mawda
PURCHASING MANAGER
Bid No. 90-33 Date Of Opening 1/24/90
Bid Title D7H Tractor
1. Florida Equipment 6 Service
$169,818.89 4. Moody 5 Son
P.O. Box 329
Coral Springs, F1 33075
Bartow, Florida 33830
5. Neff machinery
N/B
2. Belly Tractor
$211,512.00Ft Meyers, Fl
33916
P.O. Box 520775
Miami, Florida 33152
3. Sunrise Ford
NIB
'Ft Pierce, Fl 34947
i
i
FEB 211990
S
r^=d
17 moo l f',iU bi
r
FEB 971990
BOOK 79 mu •.�
N. Manatee Protection Resolution
The Board reviewed memo from County Attorney Vitunac:
TO: Board of. County Commissioners
�� R V i� n
FROM: Charles P. Vitunac 'County Attorney
DATE: February 21, 1990
RE: MANATEE RESOLUTION
CONSENT AGENDA - 2/27/90
Pursuant to the direction of the Board at the public hearing
relating to the adoption of rules for the protection of the
manatee, the County Attorney's Office has prepared the
attached resolution that urges the state to increase law
enforcement capabilities along the Indian River lagoon.
Staff recommends its adoption.
Commissioner Bowman advised that she will vote against this
Resolution. She felt it is perverse and contrary. Only a week
ago this body voted to.allow a maximum speed of 40 mph in the
Lagoon, and now, we are saying to the Governor and Cabinet give
us sufficient funds so that we can provide additional law
enforcement capabilities, which, in effect, is saying that there
is no way a law enforcement officer is going to enforce that
speed limit. She further pointed out that the Resolution says
nothing about boating safety, and that was one of the concerns.
Discussion ensued regarding speeds on various parts of the
river, and Chairman Eggert suggested possibly we should table
this item.
Commissioner Scurlock noted that although there is a
difference of opinion on the speed limit, there were some other
elements in what we did that do require law enforcement
activities, and he believed what we were saying is would you
please help Las fund the monitoring of those other provisions
within the ordinance.
Commissioner Bowman believed what we are asking is something
the Legislature already did in the last session.
18
The Chairman asked if Commissioner Bowman would like to have
a Boating Safety Resolution done, but Attorney Vitunac advised
that can be added to the proposed Resolution.
Commissioner Scurlock stated that he would like to see the
Resolution modified to include boating safety, and County
Attorney Vitunac confirmed that can be added very easily. After
the words "to provide additional law enforcement,".we can add
"and boating safety capabilities."
Commissioner Bowman agreed that improved the Resolution but
still would not support it.
ON MOTION By Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board by a 3-1 vote, Commissioner
Bird being absent and Commissioner Bowman voting in
opposition, adopted Resolution 90-26A with the addition
in regard to boating safety.
RESOLUTION NO. 90-26A
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY COMMISSIONERS, TO THE
GOVERNOR AND CABINET OF THE STATE OF FLORIDA,
URGING THAT THE STATE PROVIDE ADDITIONAL LAW
ENFORCEMENT AND BOATING SAFETY COURSES FOR THE
PROTECTION OF MANATEES.
WHEREAS, the Department of Natural Resources (DNR)
has proposed strict rules for the use of the Indian River
Lagoon and Intracoastal Waterway in 13 coastal counties; and
WHEREAS, these counties have been given the option of
devising local rules subject to the approval of the DNR; and
WHEREAS, while Indian River County believes in the
goal of the proposed rules, i.e., the protection of the
endangered .manatee, the County believes that manatee would
be better protected, regardless of which rules are adopted,
If there were additional law enforcement officers with the
proper equipment available to cite violators of the existing
or proposed rules and if there were additional boating
safety courses available,
19 BOOK l FI�, 138 7
fE6 2 71990
BOOK 79 F'GE • 6i,'P
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Board respectfully requests the Governor and Cabinet of
the State to appropriate sufficient funds to provide
additional law enforcement and boating safety capabilities
for the Intracoastal Waterway and Indian River Lagoon within
the 13 coastal counties which will be subject to existing or
additional manatee protection rules and regulations.
The resolution was moved for adoption by
Commissioner Scurlock and the motion was seconded by
Commissioner Wheeler, and, upon being put to a vote, the
vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Absent
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Opposed
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 27th day of February, 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN6,44
RIVER COUNTY, FLORIDA
By / _
�Caro I n R4.-"i-
Chal
an
0. Authorize_ Proctor_ Construction to Issue Change Orders
The Board reviewed memo from OMB Director Baird:
20
TO: Members of the Board
of County Commissioners
DATE: February 20, 1990
SUBJECT: AUTHORIZE PROCTOR CONSTRUCTION
TO ISSUE CHANGE ORDERS UP TO
$5,000 ON EACH PROJECT
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITION
Proctor Construction is the Project Manager for three (3) County
projects, the Jail Phase III, the new Main Library and the North
County Library. To save time and money, staff feels that Proctor
Construction should be allowed to authorize change orders for the
three jobs, in an amount not to exceed $5,000 per project (with the
understanding that they must return to the Board for retroactive
approval).
Staff recommends the Board approvethis request for the reasons and
conditions stated above.
Chairman Eggert noted that the budget on the Library is so
tight that she would hate to allow Proctor to authorize change
orders up to $5,000 per project.
Commissioner Scurlock talked about authorizing up to $5,000
on all projects except the Libraries, and Chairman Eggert
suggested making it up to $2,500 on the Libraries.
Administrator Chandler explained the procedure that would be
followed on such Change Orders, and OMB Director Baird corrected
his memo which talks about returning these to the Board for
retroactive approval.' He advised that this should be changed to
have these come back as information items.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, to allow Proctor Construc-
tion to authorize change orders on the Jail Phase III
and the County Health -Department not to exceed $5,000
per project and not to exceed $2,500 per project on
the two Libraries.
FEB 2 r(1990 21
FEB 2 71990
BOOK
Commissioner Wheeler stated that he could live with that;
although, he did feel that it is inconsistent.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0)
P. Draft Resolution Requiri
Budaets 6e--Su5mitted by MaN
Constitutional Officers Tentative
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board
of County Commissioners
DATE: February 20, 1990
SUBJECT: AUTHORIZE COUNTY ATTORNEY TO DRAFT
A RESOLUTION REQUIRING
CONSTITUTIONAL OFFICERS TENTATIVE
BUDGETS BE SUBMITTED BY MAY 1
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITION
Chapter 129.03(2) of the Florida State Statutes now reads as follows:
"On or before June 1 of each year the sheriff, the clerk of
the circuit court and county comptroller, and the tax
collector subject to a resolution entered into pursuant to
s. 145.022(1), and the supervisor of elections shall each
submit to the board of county commissioners a tentative
budget for their respective offices for the ensuing fiscal
year. However, the board of county commissioners may, by
resolution, require the tentative budgets to be submitted by
May 1 of each year."
This is a change in the law from last year where the sheriff, clerk
of the circuit court and county comptroller; the tax collector,
unless the tax collector is a fee officer; and the supervisor of
elections had to submit a tentative budget to the Board of County
Commissioners on or before May 1.
Staff would like the Board of County Commissioners to draft a
resolution requiring the above mentioned constitutional officers to
submit their budget on or before May 1 for the following reasons:
1. The budget schedule is extremely tight already.
.. Without this change it would make it even tighter.
2. The Constitutional Officers are a substantial portion
of the county's overall budget and we cannot even
begin to analyze the county's budget until we have
their budget in hand.
22
3. The Constitutional Officer budgets affect other
budgets such as Building and Grounds, Court
Facilities, Risk Management, 911 Surcharge, Secondary
Trust Fund, and Confiscated Property.
4. It will give the Board of County Commissioners more
time to thoroughly review Constitutional Officer
budgets.
5. Requiring the Constitutional Officers to have their
budget in by May 1 it would be consistent with the
time frame that the county administrator requires of
the county departments and agencies.
Staff recommends the Board of County Commissioners authorize the
County Attorney to draft a resolution requiring the Sheriff, Clerk of
Circuit Court,. Tax Collector and Supervisor of Elections to submit a
tentative budget by May 1 of each year.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) authorized the County Attorney
to draft a resolution requiring the Constitutional
Officers to submit a tentative budget by May 1st of
each year.
Q. Proclamation - "Advertising Day"
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Scurlock, Commissioner Bird being absent, the
Board unanimously (4-0) designated March 3, 1990, as
Advertising Day per the following Proclamation:
FEB 2 71990 23 BUUK, I � FACE •., �
FEB 2
BOOK 79 PAGE 372
A PROCLAMATION DESIGNATING
MARCH 3, 1990 AS
ADVERTISING DAY IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on March 3, 1990, the Treasure Coast Advertising
Federation will be presenting the 11th Annual ADDY Awards
saluting creative excellence in advertising produced in 1989; and
WHEREAS, these awards recognize the best creative efforts of
local advertising agencies, media, printers, and related
suppliers during the past year; and
WHEREAS, the work of the members of the Federation continues
to play an increasingly important role in the economic well-being
of Indian River County; and
WHEREAS, the Federation provides numerous scholarships to
deserving local students wishing to enter advertising as a
career;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March 3, 1990
be designated as
ADVERTISING DAY
in Indian River County, and the Board urges all citizens of
Indian River County to recognize the efforts and achievements of
all the members of the Treasure Coast Advertising Federation.
Adopted this 27th day of February, 1990.
24
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�1
. .-Z d;
CarolyEggeV
hairman
,
PUBLIC HEARINGS FOR PAVING & DRAINAGE IMPROVEMENTS
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. b?ing
M
matter o
-� in the
lished in said'{,6wspaper in •ttia issues
X:
_.. Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount. rebate. commission or refund for the purpose of securing this
_advertisement for publication in the *aid newspaper.
0
Sworn to and subscribed before this "_ in _ " ay of 19,, D
—� (Rusin ager)
- (Clerk of the Circuit Court, Indian River County, -Florida)
� ... � •�I�. �i0 t7Ei i'dou'EClt
RESOLUTION 90-13 ---
PUBLIC NEARING
NOTICE
PLEASE TAKE NOTICE that the Board of
County Commissioners of Indian River County.
Florida, will hold a Public Hearing at 9:05 AM an
Tuesday, February 27, 1990 in the Commission
Chambers located at -1840 25th Street, 'Vero
Beach, Florida to discuss the advisability, cost
and the amount of the assesernenb sgsinst
each property for paving and drainage Improve-
ments, to: .. %,
8th Avenue from 2nd Street to South Rafief
Canal,
9th Avenue from 2nd Street to South RAW
10th Avenue from 2nd Street to South Radii
Canal, ,
13th Avenue from 2nd Street to 4th S[res!
and 134th Street South of Roseland Road
PLEASE TAKE FURTHER NOTICE that at the
same public hearing, the Board of County Con►•
missionens shop also how all Interested persons
Inthepprreliminary the �oposed assessment assessments ON bw
provenrents described above. The proWnary
assamnent rots are currently on go with the
rBlefki?11teHoard.:.'=:�•6-,;:•.�•..a.,,�; ��-
t any person decdes to mppael any
made by the Commission with'respied fo:ry
matter considered at aft heart he will WMd. e
record of the proceedbgs, and that. Ur IW
r� of the prmxedhgs Is made wtrieh rneed to ensure that a he W
Includes the testimony and evidwM upon wtft
the appeal is to be based. .,V
NOW THEREFORE, BE IT RESOLVED W
THE BOARD OF COUNTY COMMISSIONERS O
INDIAN RIVER COUNTY. FLORIDA, the Wregc
Ing recitals are affix tied and, ratified in their or
#raw. The foregoing resoluflon was offered by Conn
mtasioner Scurlock who moved its adoptiom Th
motion was seconded by Commissioner Bk
anfollows:
being put tn: a vole, the v+OM-wh» e
Chairman Car
olyrnK Eggert ''-d`lh
Vice -Chairman. herd N. Bird A
Commissioner Don C. Scurlock, Jr. A,
Commissioner Margaret C. Bowman • . A•
Commissioner Gary C. Wheeler A -
The Chairman thereupon declared the i
ton passed and adopted this 23rd. day of rW
t
BOARD OF COUNTY COMMISSIONER:
OF INDIAN RIVER COUNTY, FLORIDA
By -s Carolyn K E Chakmen
Attest Jeffrey K Barton.
by A. Waterhouse
D.C.
Jan. 29, Feb. 5, 1990 8508
Michelle Gentile, C.E.T., reviewed the following:
25
FEB 2 ? 1990
BOOK.
79 rr37)
Aa z 7 X994
BooK
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Michelle A. Gentile, C.E.T.
Civil Engineer
i
i
SUBJECT: Public Hearing for the Paving and Drainage Improvements
to:
1) 8th Avenue from 2nd Street to South Relief Canal
2) 9th Avenue from 2nd Street to South Relief Canal
3) 10th Avenue from 2nd Street to South Relief Canal
4) 13th Avenue from 2nd Street to 4th Street
5) 134th Street South of Roseland Road
DATE: February 1, 1990
DESCRIPTION AND CONDITIONS
On January 16, 1990 the Board of County Commissioners adopted
five Resolutions, Nos. 90-6, 90-7, 90-8, 90-9, 90-10, providing
for certain paving and drainage improvements to:
1) 8th Avenue from 2nd Street to South Relief Canal
2) 9th Avenue from 2nd Street to South Relief Canal
3) 10th Avenue from 2nd Street to South Relief Canal
4) 13th Avenue from 2nd Street to 4th Street
5) 134th Street South of Roseland Road
On January 23, 1990, the Board of County Commissioners adopted
another Resolution No. 90-13 setting the date and time for a
Public Hearing to discuss the advisability, cost and amount of
the assessment against each property owner. This hearing is
scheduled for February 27, 1990.
RECOMMENDATION
After hearing complaints and input at the Public Hearing and if
necessary, any adjustments to the assessment roll, it is
recommended that the Board of County Commissioners approve the
attached Resolutions confirming the assessment roll. If
adjustments or changes are made a new resolution will be brought
before the Board of County Commissioners for approval.
Chairman Eggert announced that she would like the Board to
take these projects up one at a time, and she asked if anyone
present wished to be heard in regard to the Paving and Drainage
Improvements assessments proposed for 8th Avenue from 2nd Street
to the South Relief Canal. There were none, and she thereupon
closed the public hearing on the 8th Avenue project.
Commissioner Scurlock inquired about the percentage in favor
of this project, and Mrs. Gentile advised that it exceeded 67%.
26
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) adopted
Resolution 90-27 approving the assessment roll for the
paving and drainage improvements to 8th Ave. south of
2nd Street to the South Relief Canal, Indian River
Heights, Unit 8.
RESOLUTION 90-27 W/ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
Chairman Eggert opened the public hearing on the Paving and
Drainage Improvements assessments for 9th Avenue from 2nd Street
to the South Relief Canal and asked if anyone present wished to
be heard. There were none, and she thereupon closed the public
hearing on the 9th Avenue project.
Commissioner Scurlock inquired about the percentage in favor
of this project, and Mrs. Gentile advised that it exceeded 67%.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) adopted
Resolution 90-28 approving the assessment roll for the
paving and drainage improvements to 9th Ave. south of
2nd Street to the South Relief Canal, Indian River
Heights, Unit 8.
RESOLUTION 90-28 W/ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
Chairman Eggert opened the public hearing on the Paving and
Drainage Improvements assessments for 10th Avenue from 2nd Street
to the South Relief Canal and asked if anyone present wished to
27 BOOK f'AGE 375
FEB 2 71990
FEB 2 71990
i
BOOK- 7 9 PAGE 37 6
be heard. There were none, and she closed the public hearing on
the 10th Avenue project.
Commissioner Scurlock inquired about the percentage in favor
of this project, and Mrs. Gentile advised that it exceeded 670.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) adopted
Resolution 90-29 approving the assessment roll for the
paving and drainage improvements to 10th Ave. south of
2nd Street to the South Relief Canal, Indian River
Heights, Unit 8.
RESOLUTION 90-29 W/ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
Chairman Eggert opened the public hearing on the Paving and
Drainage Improvements assessments for 13th Avenue from 2nd Street
to 4th Street and asked if anyone present wished to be heard.
There were none, and she thereupon closed the public hearing on
the 13th Avenue project.
Commissioner Scurlock inquired about the percentage in favor
of this project, and Mrs. Gentile advised that it exceeded 670.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) adopted
Resolution 90-30 approving the assessment roll for the
paving and drainage improvements to 13th Ave. from
2nd Street to 4th Street in Indian River Heights, Unit 6.
RESOLUTION 90-30 W/ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
28
For the record, County Attorney Vitunac wished to be sure
that staff did send the people the 10 day notice letters, and
Mrs. Gentile confirmed that was done.
Commissioner Scurlock asked how many lineal miles of paving
these projects just accomplished, and Public Works Director Davis
advised that the four projects equal about 1 mile. We now have
most roads paved in Indian River Heights, and it does help on the
grader routes in the southeast county. He noted that very
shortly Oslo Park will be the only subdivision east of 20th
Avenue that will have an unpaved road network.
Chairman Eggert announced that we would now take up the
Paving and Drainage Assessments for 134th Street south of
Roseland Road.
Director Davis noted that this is a project that has been
before the Board previously. This originally was precipitated
when the Catholic Church located in the area and was connected to
134th Street. There were complaints from residents about the
church traffic using the road in its unpaved condition, and the
Board instructed staff either to provide for a public hearing to
consider paving the road or to close it off until the paving was
approved. The road has been closed to church traffic over the
past year, and we have written a registered letter to each
property owner and developed an assessment roll to determine what
the equitable payment for each benefited owner would be if the
road were paved.
Director Davis advised that we received a letter from the
attorney for the church indicating that the church has no
objections to the paving of the road, but it does feel it should
be able to connect to the road and they are suggesting the
barricade be removed when the church wants access and then closed
at other times of the week because the church doesn't want people
by-passing through their property to get to U.S.I. They are
willing to pay their share of the paving, which is $15,149.72.
�E8 2''1 1990 2 9 BOOK
SEB 27 1990 Boo 79 P,�GE 3 7 S
Director Davis explained that in doing the assessment, staff
split the church property in half and considered half the
property would access U.S.I and the other half 134th Street. He
further explained that the assessment roll was done purely on a
cost per acre assessment basis, not on front footage.
Chairman Eggert asked if anyone present wished to be heard.
Wayne Sims, 13385 80th Ave., informed the Board that 134th
Street goes in'front of his house. They did a rough survey, and
at least 23 of the 25 people who own homes there are against the
paving. Some of those people aren't here today because they have
to work. Mr. Sims noted that some of the people moved to this
street just because they thought it was a dead end. He has 3
children; they all ride bikes; and with the additional traffic,
it wouldn't be as safe. He also was against the way the paving
is being billed because normally it would be by front footage.
He happens to own more than 1 acre and would pay more. Mr. Sims
felt that probably 98% of the traffic on the road would be church
traffic; he sees the possibility the road will have to be repaved
at some time; and he wished to know who would pay for that. He
conceded that his property value probably will go up, but the
possibility of resale probably will go down. He asked if the
church has checked out other solutions to their problems. Mr.
Sims believed that St. Joseph's Church on Babcock Street in Palm
Bay has a similar problem, and they pay a traffic cop to handle
the traffic.
Norbert Resop, 134th Street, stated that first of all, the
residents don't want the paving, but he also wished to know how
come they are charging $8/9 a foot for 126th Street while they
are charging them $13.73 a lineal foot. Mr. Resop contended that
the church created this problem, and he believed they should open
134th Street the other way to the south and solve their own
problem instead of congesting the residents on 134th Street north
of them.
30
Charles Fitch, 8075 134th St., expressed his opposition to
the paving. He noted that the church is not a resident per se,
and the residents feel no matter what the facility is, a bowling
alley or whatever, they do not want that type of traffic through
a residential allotment and they will not vote for the paving.
Mr. Fitch felt if the church weren't involved, there might be a
better chance of people considering the paving.
Gregory Gore, attorney for St. Sebastian Church, advised
that the church is in favor of paving the property and for quite
some time has agreed to the assessment. The church has been on
the property since October of 1983, and has had access to 134th
Street all that time except for the one year when there was the
barricade. Attorney Gore believed the church thought it would
be a movable barricade, and a permanent one was put in. He also
believed the county has received complaints from Sebastian
officials about the traffic impact on U.S.I. during the time of
church services. The church is of the position that it is
entitled to access to a county -maintained road, and there would
be a definite guarantee as to a movable barrier; it would be to
the churches' interest to limit access to the church property
from 134th Street only when there are church services. Attorney
Gore repeated that the church is in favor of the paving, but
whether there is paving or not, the church feels it is entitled
to access. The church is a taxpayer in the county and wants a
movable barricade.
Commissioner Wheeler asked if Mr. Gore was indicating that
on Sundays and such days as the church property is being used,
the property then would have an access from U.S.I and 134th St.,
and this was confirmed by Mr. Gore.
Commissioner Wheeler asked if they would be shutting off
part of the church property so that people coming in from U.S.I
would leave on U.S.I and those coming in on 134th, would leave by
134th. Otherwise, he believed it will become a thoroughfare.
Attorney Gore felt that would be the natural flow.
31
800 1 FA+�t Lo
FEB 271990
Chairman Eggert asked if the church was talking about this
access just for church services or for social events also.
Attorney Gore advised that it would be for social events as
well, and Chairman Eggert felt that opens it up quite a bit as
there is something going on at the church quite often.
Attorney Gore believed that access to U.S.I would be
sufficient for most social events; what he meant is something
like the Octoberfest.
Father LeSage advised that they would be asking for access
for Saturday afternoons and Sundays and possibly a few Holy days
throughout the year.
Chairman Eggert wanted it made clear that it would not be
needed for the guilds, or anything like that, and that was
confirmed.
Jean Holt, 13425 81st Avenue, on the corner of 134th St.,
had 3 impacts she felt would result. (1) She felt this would
eventually require a light on Roseland Drive; (2) the traffic
would not just impact 134th Street, but would spread to the side
roads if the traffic backs up; and (3) this is just taking the
impact from U.S.I and putting it on 134th Street and Roseland
Road.
Commissioner Scurlock asked Director Davis if we looked at
having deceleration and acceleration lanes and other traffic
modifications when we looked at the particular problem with this
exit on U.S.I.
Director Davis confirmed that we did, and the church
recently on their own incentive constructed improvements on
U.S.I. to facilitate ingress and egress to the property. The
Sebastian Police Department has been controlling the traffic on
Sunday mornings and certain times of the week, but they have
indicated they cannot continue to do that. In regard to
signalization, Director Davir; did not believe the DOT would
approve a signal for that location. He felt it would be a safer
situation for northbound traffic to use the signal at Roseland
32
_ r
Road, and staff's position is that we do want to pave the road
because we want to eliminate the need for graders having to go
into the area.
Commissioner Wheeler asked if the DOT would consider putting
up a light that would be activated only during certain hours, and
Director Davis advised that it is very difficult to get DOT to
approve something like that. He further noted that the church
property is in the City of Sebastian, and U.S.I is a state
roadway; so, the county has no jurisdictional authority on the
church property as it connects to U.S.I. while 134th Street is a
local street on the county system. Generally, however, we try to
transcend the political boundaries and look at the safest situa-
tion for the community, and staff's opinion is that it would be a
safer situation to have a second ingress and egress out of the
church property. Director Davis pointed out that St. Helen's
Catholic Church in Vero Beach has connections to the local road
system, and Holy Cross Catholic Church, which is located on the
barrier island, also connects to the local road system.
Chad Green, 134th St., advised that he and his wife own
about 21 acres of land there. He noted that the Methodist Church
on Roseland Road doesn't have any problem. He believed the City
of Sebastian and St. Sebastian Church created their own problems,
and he contended that they can go over the railroad tracks and
take the road to the dump. Mr. Green stressed that all these
problems are the doings of the church and the City of Sebastian,
and the residents on 134th Street are in Roseland, not Sebastian.
William Ruetemann, 8120 134th St., commented that the
attorney for the church told us that he would like to have the
road paved for their convenience, and he noted this would be
basically at the residents' expense because the $15,000 assessed
to the church is not even going to scratch the surface of what
that road is going to cost.
Roland Baur, 8135 134th St., stressed that out of 25 owners,
23 want the street to be left in peace. He believed the Catholic
FEB 2 71990 33 BOOK
FEB 2 71990
BOOK 79 PAGE 38
Church has a lot of functions and would be opening the barricade
a lot of times.
Emily Johnson, 81st Avenue, informed the Board that she has
never signed a petition to have this road paved, and she believed
at the last meeting it was said that until that was done, the
road couldn't be paved. She knew the county wants this done, but
the majority of the people do not want it to be paved and have
the additional traffic this would bring. There is a barricade
there now, but people drive around it on both sides. She further
noted that she is on.a corner lot, and with all the traffic,
people would cut over to the cross streets to get out to Roseland
Road.
Wayne Sims wondered if there are any other avenues to the
south or the west. He knew the simplest thing would be to pave
134th Avenue, but due to the opposition, he felt other avenues
should be looked into.
The Chairman asked if anyone else wished to be heard. There
were none, and she thereupon closed the public hearing.
Director Davis advised that the FEC is very protective of
any new railroad crossings, and he was sure they would not allow
another one so close to the Roseland crossing to the north. In
fact, they actually want the county to look at any crossings that
aren't sufficiently used so they can be closed.
Commissioner Wheeler asked about the possibility of using
134th Avenue to the south of the church property, but Director
Davis advised a great deal of that was abandoned.
Discussion continued into other possible connections to the
south down to Main Street, none of which were suitable, and
Commissioner Wheeler believed we have been boxed into a corner
because of the City of Sebastian not planning properly.
Commissioner Scurlock asked Director Davis if this church
property were in the unincorporated area where we had total
responsibility and they came in with a site plan, what would his
recommendation have been.
34
_ M M
Director Davis stated that his -opinion is that it should
connect both to U.S.I and 134th Street, and that is what he would
have recommended. Churches in the county historically connect to
local roads as well as main thoroughfares, and it is good to have
multiple connections.
Commissioner Scurlock made the further point that
traditionally we have allowed churches in almost any zoning area
so they are integrated into the community. This particular
situation is no different than with any other church in Indian
River County. They all have parking problems at peak use and
they all have a significant impact on the residential areas. He
personally lived near St. Helen's for 20 years and learned to
adjust to the traffic at certain times. He stressed that the
church is in this location; it is existing; and we need to deal
with it.
Further discussion ensued regarding other possibilities,
i.e., having 134th Street a one-way connection rather than having
the barricade, using 133rd Street to the south, having someone
direct the traffic, etc.
Director Davis pointed out that the problem with directing
traffic is that it takes more than one officer to manage it on
U.S.I. It would be much easier to control the traffic at 134th
Street.
Commissioner Wheeler had a problem with the fairness of
saying when the church wishes to make this a thoroughfare, it is
okay, but the rest of the week you can't do that. He felt this
problem should have been addressed when the church was built.
Commissioner Scurlock also had a real problem with saying it
is a public road, but you can close it at certain times. As to
the economics involved, he believed if you put a traffic counter
out there and determine that the benefit is 98% to the church,
then they should be charged with that 980. They are doing a good
job; their congregation very probably will continue to grow; and
he felt we should see how important this is to the church. He
FEB 27 1990 35 EUOK. PAGE•`
FEB 271990
BOOK
continued to stress that this
is a public road, and
it is
dedicated to the public.
Commissioner Wheeler agreed it is a public road, but he does
not feel he has been inconsistent in regard to what roads we have
opened and what we have closed. In the past he tried to preserve
the neighborhood at 20th Avenue for the same reason that there
were alternatives, and he was the minority there. He did oppose
the closing of 16th Street, but that goes into another public
road at 58th Avenue.
Commissioner Scurlock pointed out that 134th Street goes to
Roseland Road, but Commissioner Wheeler noted that the south end
of 134th deadends at private property; so, he would call it a cul
de sac and we have a lot of cul de sacs in the county.
Commissioner Bowman inquired about the cost of an overpass
across the railroad tracks, and Director Davis stated it would be
about $250,000.
Commissioner Scurlock felt the only practical solution is
that the road be paved if you can come up with a proper assess-
ment roll that reflects the impact of the church on that
particular roadway. He did not feel the present assessment roll
is correct.
Director Davis advised that the total cost estimate is
$83,000, and Commissioner Scurlock felt that without question the
church has far more than 50o impact. Obviously, you would not
have to pave that road if the church wasn't there - the people
don't want it. If you put a traffic counter out there and you
look at why are you paving the road - basically, it is the
church.
Mr. Resop interjected that he previously tried to get
Director Davis to put counters on the road, but he said he didn't
have any.
Other members of the audience offered comments, but it was
pointed out that the public hearing has been closed.
36
Chairman Eggert asked if someone would offer a Motion, but
Commissioner Scurlock did not feel a proposal has been offered
that he can support.
Chairman Eggert asked if we could request Mr. Davis to go do
that traffic count, determine the benefit, and bring the results
back to another public hearing.
Commissioner Scurlock stated that he would be happy to make
a Motion, if that is the desire of the Commission, that Mr. Davis
do a traffic count similar to what he did with the mall.
Director Davis felt the proper way to do it would be to
inventory the traffic manually on a Saturday or Sunday.
Mr. Resop pointed out that the traffic can't be counted now
because the road is barricaded.
Director Davis asked if the residents wished him to open the
barricade and assess the use, and the response was overwhelmingly
negative.
Commissioner Scurlock believed that you can get a pretty
good idea of how many are going into the church and exiting by
surveying the U.S.I connection.
Director Davis agreed that we can certainly look at the
U.S.I. connection and can indicate how many cars are using that
connection on Sunday mornings or Saturday evenings and then can
use some assumptions to estimate how many people will use 134th
Street. It will not be a purely scientific -analysis, however.
Commissioner Scurlock felt we should do that and also see if
we can come up with any innovative alternatives; we must do
something to get a peaceful -co -existence.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) directed
that a traffic count be done as discussed and informa-
tion regarding the estimated impact on 134th Street, as
well as any possible alternatives, be brought back to
another public hearing on April 10th,
SEB 2'! 1990 3 BOOK "i'� FA ,
r— -1
FEB 2 71990
BOOK �� PAGE e38C
TY TARBY REQUEST TO AMEND COMP PLAN & REZONE 156 ACRES
The hour of 9:05 o'clock A.M..having passed, the Deputy
Clerk read the following Notices with Proof of Publication
attached, to -wit:
NOTICE OF CHANGE OF LAND USE AND
AMENDMENT TO THE COMPREHENSIVE PLAN;
r a A -r
iE eMf
F
, , n
�, ai !L
I A
44
R.
`O ` ISubject Property I
iI, Ft
The Board of County Commissionersof Indian River County, Flor-
ida, will consider on a proposal to change the use of land within the +;
unincorporated portions of Indian River County. A public hearing on
the proposal will be held on Tuesday, February 27, 1990, at 9:05
a.m. in the County Commission Chambers of the County Adminis-
tration Building, located at 1840 25th Street, Vero Beach, Florida. At
this public hearing, the Board of County Commissioners will consider
authorizing the transmittal of these amendments to the County's Com-
prehensive Plan to the State Department of Community Affairs for
their review. The proposed amendments are included in the proposed,'!'
ordinance entitled: ,
t AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, t
AMENDING THE LAND USE ELEMENT OF THE COMPRE-
HENSIVE
OMPRE HENSIVE PLAN BY ENLARGING THE SR 60/58th ,•
{ AVENUE COMMERCIAL NODE FROM 160 ACRES TO 316
ACRES; AND AMENDING THE TRAFFIC CIRCULATION
ELEMENT AND CAPITAL IMPROVEMENT ELEMENTS; AND
PROVIDING CODIFICATION, SEVERABILITY AND EFFEC-
TIVE DATE.
Interested parties may appear and be heard at the public hearing
regarding the approval of this proposed Comprehensive Plan Amend-
The plan amendment application maybe inspected by the public at.. !
-' the Community Development Division offices located on the second
floor of the County Administration Building located at 1840 25th
Street, Vero Beaach, Florida, between the hours of 8:30 a.m. and
5:00 p.m. on weekdays.
Anyone who -may wish to appeal any decision which maybe made
L at this meeting will need to ensure that a verbatim record of the pro-
ceeding is made which includes the testimony and evidence upon
which the appeal will be based.
Indian River County
Board of County Commissioners
By: -s-Carolyn Eggert, Chairman
38
V`
P.O. Box 1268 Vero Beach. Florida 32961 562.2315
COUNTY OF INDIAN RIVER
STATE OF FLORIDA vrtss + outnal
Before the undortdgned aulhorltyy p�rannally appeared J.J.
Schumann. Jr. who on cath says that he la Buslneae Mane¢er of the
Vero Reach Preaa-Journsl, a newspaper published at Vero Reach In
Indian River County, Florida; that
J2 m00% 2D 9, c_o g .. r✓, _33
�9 vs
-z
bnlea t �K. C e f /d,ffuir.�t .OST
was published in cold newspaper In the issue(a)
Sworo to and subscribed Wore me this
o✓/S-f' day G/LLCGf A.D j(J}�G
VRusiness Manager
(SCAL) ��
M M W
VERO BEACH PRESS -.JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
i
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
w 1
Before the undersigned authority'personally appeared J. J. Schumann, Jr. who on oath
1 �'
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
�, �, "•eq f:. '
Subject Property i
a
J
in the matter of ,.
NOTICE —PUBUC
�•
r
Notice of hearing 'to consider the adop8on 01
a County ordinance rezoning land from: RM -6,
Multiple -Family Residential_ District, RS 6; Sin-
gle -Family Residential District and A -i, Apritarl-
tural District ttor CG; General Commercial District
Ty Ta�
trustee The band Is O� located ed '
in the _ Court, was pub-
x •
on on th north .a
'80 (P0th Street) and east of 86th Avenue'(CA?
615). The
p ,-:..-
L
fished in said newspaper in the issues of I/
subject property containing approxi-�.
mately 158 acres leng M the north half of Sec
tion 5, Township M. Range 39E lying ancC
being in Indian River County. ;
_Z_
A public hearing at which parties In Interest'
and citizens shall have an opportunity to be 1
heard, will be held by the-Boardof County Com-
missioners of Indian River Coun,ty, Florida in the
Affiant further sa s that the said Vero Beach Press Journal is a news a ublished at
er
y P P P
County Commission Chambers of the County
Administration Building, located at 184o 25th -
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
Street, Vero Beach, Florida,. Tuessday, Febru;i
been continuously published in said Indian River County, Florida, each daily and has been
ary27,1990at9:05a.m. q
entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
n th may
The Board of County Commit than
grant a less intense zoning district than the dis.
trio requested provided it Is within the same
advertisement; and affiant further says that he has neither paid nor promised any person, firm
general use category; however, unless denied.,
or corporation any discount, rebate, commission or refund for the purpose of securing this
no final action concerning this item win be taken^
at this meeting. .• •,
%r:' ..•-
advertisement for publication in the *aid newspaper.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
Sworn to and subscribed before me this a_ dayf �9
L4G�l,
ensure that a verbatim record of the proceed -Sworn
Ings is made which includes the testimony and
evidence upon which the
appeal is based.
Indian River County
Boards`
of County Commissioners
.. ye
Feb. 2.1990 Yn ggeM Chairman
651899
i
(Clerk of the Circuit Court, Indian River Coynty, Florida)
(SEAL) �•!
Director Keating made the staff presentation, which is as
follows:
FEB 2 `t 1990 39 eoo�. � 9 F,,cE
FEB 27 1990 BOOK
TO: James Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
l
•
Obert M. Keatin A CP-
Community Develop i ent ector
THRU: Sasan Rohani �aR.
Chief, Long -Range Planning
FROM: Robert M. Loeper �/tL
Staff Planner
DATE: February 19, 1990
SUBJECT: TY TARBY REQUEST TO AMEND THE COMPREHENSIVE PLAN AND
REZONE 156 ACRES
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 27, 1990.
- DESCRIPTION AND CONDITIONS:
Ty Tarby, Trustee, has submitted a request to amend the
Comprehensive Plan and rezone property. The subject property is
located on the north side of S.R. 60 between 58th and 66th
Avenues. The request includes 156 acres of a 214 acre parcel.
The request entails changing the existing land use from M-1,
Medium -Density Residential (up to 8 units per acre) to General
Commercial Node, and rezoning the property from A-1, Agricultural
District (1 unit/5 acres); RS -6, Single -Family Residential
District (6 units/acre); and RM -6, Multi -Family Residential (6
units/acre) to CG, General Commercial District. This request is
considered an expansion of the State Road 60 and Kings Highway
Commercial Node from 160 acres to 316 acres.
The purpose of this request is to secure the necessary land use
designation and zoning for a regional shopping center. The
Edward J. DeBartolo Corp., is proposing to construct a 707,000
square foot regional mall and 440,000 square feet of peripheral
commercial space. The entire project is to be reviewed as a
Development of Regional Impact (DRI).
On September 1, 1989, Indian River County transmitted a
substantially revised comprehensive plan to the State Department
of Community Affairs for review as required by the State Growth
Management Act.
On February 13, 1990, the Board of County Commissioners adopted
the new comprehensive plan. The adopted portion of the plan
includes the Goals, Objectives and Policies of the various plan
elements, a series of maps including the future land use map, and
the narrative of the Capital Improvements Element.
The remaining text constituting over 1500 pages was not adopted as
part of the plan; however, this support data and analysis provide
the basis for the plan. The adopted plan has been submitted to
the state for compliance review as mandated by the State Growth
Management Act. Regardless of the outcome of the compliance
review, the plan enjoys the force of law and, as such, all
development in the unincorporated portions of the county must
adhere to the provisions of the plan.
40
Page 2
February 19, 1990
Amendments to the comprehensive plan must meet the requirements of
Florida Statutes and the administrative rules of the Department of
Community Affairs. In addition to meeting these requirements, any
changes to the land use map must be consistent with and related to
the other plan elements. In some cases a land use change will
require concurrent changes to other plan elements.
The process for amending the comprehensive plan is shown on the
accompanying flow chart. The procedures for reviewing
Comprehensive Plan Amendments associated with DRI's are the same
as those which are normally used; however, DRI related amendments
are exempt from the normal amendment submittal timeframe.
The Planning and Zoning Commission, as the Local Planning Agency,
conducts a public hearing to review the request. The Commission
has the option to recommend approval or denial of the
comprehensive plan amendment request to the Board of County
Commissioners. As is normally the case, the Planning and Zoning
Commission may approve or deny a rezoning request. In the case of
denial, only the land use amendment request goes on to the Board,
unless the denial to rezone is appealed.
Following the Planning and Zoning Commission action, the Board of
County Commissioners (BCC) conducts two public hearings. The
first of these two hearings is for a preliminary decision on the
land use amendment and to consider the rezoning request. The
Board may transmit the request to the State Department of
Community Affairs (DCA) if the request warrants further
consideration. Once the request is transmitted, the DCA conducts
a 90 day review which includes soliciting comments from the
Regional Planning Council and neighboring local governments.
Failure by the Board of County Commissioners to transmit the
request constitutes denial. The second and final Board of County
Commissioners public hearing is conducted after the receipt of
comments from the DCA. It is at this time that the Board takes
final action to approve or deny the plan amendment request and the
rezoning request.
The Development of Regional Impact review is conducted by the
Regional Planning Council (RPC) in conjunction with local and
state agencies. The focus of this review is on the environmental,
social, economic and physical impact of the proposed development
on the local and regional area. Following the Regional Planning
Council review, a Development Order (DO) is issued by the Board of
County Commissioners. The D.O. constitutes the agreement between
the county and the developer and identifies the necessary
improvements and conditions which will govern the development.
Finally, the development will undergo necessary site plan and
building approval. It is anticipated that the DRI development
order will be considered concurrently with the plan amendment
request and the rezoning request at the final public hearing.
On January 11, 1990, the Planning and Zoning Commission, acting as
the Local Planning Agency, conducted a public hearing for the
purpose of making a recommendation to the Board of County
Commissioners regarding this request. At that meeting the
Planning and Zoning Commission voted 6 to 1 to recommend approval
of the request as presented by staff with one change. Staff had
recommended that, since adequate acreage had already been
designated for general commercial uses which were not part of a
regional mall, the inclusion of'50 acres for peripheral commercial
activity be balanced by the removal of 50 acres elsewhere in the
node. This was to result in no net gain in commercial acreage
other than 80 acres required for the mall. The Planning and
Zoning Commission deleted this portion of the staff
recommendation.
FEB 2 71990 41 BOOS i F.� E s �
r I
FEB 271998
BOOK 1-9 PATH 390j
Page 3
February 19, 1990
Existing Land Use Pattern
The subject property contains several land uses. Largely devoted
to citrus, the property includes the largely undeveloped
Whistlewood subdivision, as well as several residences located
along the S.R. 60 frontage. The northeastern part of the parcel
contains a wetlands area. As depicted on the attached map, the
property has three zoning designations. The western 1300 feet and
the area between the Whistlewood and Wallace Acres subdivisions to
a depth of approximately 500 feet from S.R. 60 are zoned A-1. The
remainder is zoned RM -6 except for a portion of the wetland area
which is zoned RS -6.
Property to the north, across 26th Street is planted in citrus and
zoned A-1. Property east of this area is zoned RS -3, and contains
undeveloped land, single family residences and the Pine Netto Park
subdivision.
Adjacent property on the south side of 26th Street is zoned A-1 to
a distance of 1300 feet east of 66th Avenue and planted in citrus.
East of this area, property is zoned RM -6, but is largely
undeveloped. A small portion along S.R. 60 is zoned A-1. There
are also several residences in this area. East of the subject
property to 58th Avenue, property is zoned RS -6. This area
contains a church and the Rivera Estates subdivision. Rivera
Estates contains approximately 72 lots and is substantially built
out. The remainder of the area to the east of the subject
property is undeveloped and zoned RM -6, and CG, General
Commercial. A bank is located at the corner of 58th Avenue and
S.R. 60. The east side of 58th Avenue is occupied by the Ryanwood
Square Shopping Center. This 108,000 square foot shopping center
contains a grocery store, drug store and smaller specialty service
establishments found in neighborhood or -small community type
shopping centers. This center serves the daily needs of residents
to the west and south of Vero Beach and is the largest center not
located in the U.S. 1 corridor.
Along the south side of S.R. 60, land• uses are split between
agriculture and residential uses. The easternmost 40 acres are
zoned CG but have been recently planted in citrus. Immediately
west is a 20 acre grove zoned A-1. West of the grove is Sixty
Oaks; this planned development is zoned RM -6 and contains 60
residences. West of Sixty Oaks is an unplatted residential area
zoned RS -6. The three streets in this area (Charlotte, Flora and
Hedden) contain approximately 54 lots ranging in size from 1/4 to
2 acres. Verona Estates, located west of this area, is also zoned
RS -6. The southern half of this subdivision is devoted to
agricultural uses. Immediately south of these residential areas
are the Vero Beach campus of the Indian River Community College
and an agricultural research center. The remainder of the south
side of S.R. 60 is zoned and used for agriculture.
Along the north side of S.R. 60 and surrounded by the subject
property is a small area with commercial and residential zoning.
Four lots in Wallace Acres subdivision with S.R. 60 frontage are
zoned RM -6; the remaining 8 lots have RS -6 zoning. West of
Wallace Acres is a 2 acre parcel zoned CL, Limited Commercial
District, containing a small appliance store.
West of
Plantation.
Residential
recreation
perimeter.
the corner
the subject property, across 66th Avenue is Vista
The development is zoned RM -4, Multiple -Family
District (4 units/acre) and contains on-site
facilities including a golf course along the project
A small neighborhood commercial center is located at
of S.R. 60 and 66th Avenue.
42
Page 4
February 19, 1990
Future Land Use Pattern
The Future Land Use Map in the newly adopted comprehensive plan
designates property west of 58th Avenue between 16th Street and
26th Street as M-1, Medium -Density Residential. The M-1,
designation permits residential densities up to 8 units/acre.
This plan also designates a 160 acre commercial node at S.R. 60
and 58th Avenue. This node encompasses the 4 corners of the
intersection and extends along the south side of S.R. 60 east to
43rd Avenue. A few properties along the north side of S.R. 60
near 43rd Avenue are also included in the node. (see Land Use Map)
Transportation System
S.R. 60 forms the southern boundary of the project. This roadway
is classified as a principal arterial in the Traffic Circulation
Element of the Comprehensive Plan and is a four lane divided
highway west of 58th Avenue. East of this intersection, S.R. 60
is a 6 lane divided road. At the present time the level of
service on SR 60 is B. The widening of this road to 6 lanes from
58th Avenue to 82nd Avenue is included in the plan as a
recommended improvement by the year 2010.
Sixty-sixth Avenue, which forms the western boundary of the
property, is classified as a minor arterial. This road is
presently a paved two lane road north of S.R. 60. This roadway
becomes Schumann Drive and connects with U.S. #1 in Sebastian.
South of S.R. 60, 66th Avenue is an unpaved road. Additional
right-of-way for the segment between 53rd Street and 12th Street
is identified as needed by 1992.
East of -the property, 58th Avenue is classified as a principal
arterial and is a two lane paved roadway from 9th Street S.W.
(Oslo Road) to CR 510, south of Sebastian. The Traffic
Circulation Element of the draft comprehensive plan recommends
this roadway for widening to 4 lanes from 12th Street to 33rd
Street by 2010. Twenty-sixth Street, along the north of the
property, is classified as a collector. This two lane dirt road
is not identified in the plan for improvements; however, the
existing right-of-way is identified as being deficient. An
additional 50 feet of right-of-way is estimated as needed by 1995.
The Traffic Circulation Element includes normal intersection
improvements along with other scheduled improvements; however, the
plan does identify intersection improvements at 58th Avenue and
S.R. 60.
Project related improvements such as turn lanes and other traffic
operations improvements are being addressed as part of the DRI.
Environment
The subject property does not contain "environmentally important"
uplands (coastal hammock or xeric scrub), as designated by the
Conservation Element of the revised Comprehensive Plan: Moreover,
the property does not fall within a 100 year flood zone.
There are, however, several environmental issues. The northeast
portion of the area proposed for rezoning contains an
environmentally sensitive wetland system. This area encompasses
approximately 26.5 acres of the 156 acre site.
There are also several examples of specimen and endangered
vegetation on the subject property, including the recognized
"champion tree" Simpson Stopper cluster; and a cabbage palm
hammock which supports an endangered fern colony. These areas are
generally shown on the accompanying map.
43
FEB 2'`
FEB 2 7 1990 BOOK 19 F UE 392
Page 5
February 19, 1990
Soils on the subject property are generally of. the
Winder -Riviera -Manatee type which are wet, poorly drained soils.
The constraints of building on these soils include the use of fill
to change the soil conditions and raise the elevation above the
water table and the use of engineering and building techniques to
compensate for the wet soils.
Specific identification and protection of isolated and individual
resources are to be addressed in the DRI and site plan approval
process.
Infrastructure
Infrastructure includes public utilities such as water, sewer,
drainage and solid waste. The subject property is within the
limits of the existing Urban Service Area. As such, these
utilities are generally available at the site.
Water to the subject site is provided by a 16" distribution main
with water treatment provided at the South County Reverse Osmosis
plant. This plant's capacity presently exceeds demand.
Sanitary sewer service is provided by the County West Regional
Treatment Plant. Wastewater is carried by a 10" force main. This
treatment plant is presently operating below capacity and is
designed to permit future expansion.
The site is presently drained on-site and off-site by a series of
drainage canals maintained by the Indian River Farms Water Control
District. The district provides drainage for a major portion of
the developed eastern and southern county. The wetland area of
the site could also be incorporated into on-site detention/
retention areas. Any proposed development for the site must meet
the requirements of the county, the drainage district, and St.
John's River Water Management District.
Solid waste for the county is disposed at the county landfill in
the southern portion of the county. Collection is by private
hauler. The life of the existing landfill, with planned
expansions, exceeds the planning period horizon of 2010.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality. The request will also be related to the policies
and objectives of the new comprehensive plan.
The analysis will examine the request and identify the impacts to
the surrounding property, the infrastructure, and the environment
as well as other impacts which could be expected to occur if the
request is granted. In addition, the requested change will be
viewed in terms of the impact the land use change would have on
the other elements of the comprehensive plan.
In the past, staff has applied a 3 part test to evaluate the merit
of comprehensive plan amendments. According to this test, an
amendment could be approved if it meets one of the following: 1)
to correct an oversight, 2) to correct a mistake, 3) to
accommodate changes affecting the subject property. This analysis
will evaluate the request based upon these criteria.
Development Potential
The starting point for the analysis is the development potential
of the parcel under the current and proposed land use
designations. This development potential will be used throughout
the analysis to identify the impacts on the various man-made and
natural systems. 44
Page 6
February 19, 1990
The current M-1, land use designation permits up to eight dwelling
units per acre. Assuming the density provisions were maximized,
the current development potential of the 156 acre parcel would be
1248 units.
The development potential for commercial property is not as easily
determined; however, assuming development at the maximum allowed
in the CG district, the site would permit a building envelope of
2,718,000 square feet (400). This maximum lot coverage would be
reduced to ensure the necessary parking, loading, access, open
space and drainage requirements are met. The DRI, as proposed by
the DeBartolo Corporationi, includes slightly over 1.1 million
square feet of commercial development.
Since the subject parcel is the proposed site for a regional
shopping facility and because of the scope of such a facility, a
DRI review is being conducted along with the land use and rezoning
amendment analysis. The DRI Application for Development Approval
(ADA) and the staff review of the application will address the
potential impacts of the proposed project as well as site specific
issues and required improvements.
Commercial Land Use Needs
In analyzing the request for the land use change and rezoning,
staff has focused on several key issues. One issue is regional
mall land availability. The Urban Land Institute estimates that
shopping centers require about 10 acres of site for each .100,000
square feet of building- area. Since regional malls are usually
750,000 square feet or larger, a regional mall would therefore
require a site of at least 75 acres. Site requirements, of
course, are also influenced by local land development and site
plan regulations that determine the required parking, loading,
circulation, open space and drainage areas needed to support this
size shopping facility. Using this standard, the subject parcel
would be adequate for a regional shopping facility.
According to the Future Land Use Element of the Comprehensive
Plan, there are 679 acres designated as commercial in 12 existing
commercial nodes. Of this total, 44% (305 acres) is presently
vacant. This does not include commercially designated land in the
U.S. 1 Commercial/Industrial Corridor or commercial/Industrial
nodes. Overall, approximately 50% of the 5363 acres in all
commercial and industrial nodes is presently zoned commercial. It
must be pointed out that this supply is designated for a 20 year
period.
General commercial land is also available in the SR 60/Kings
Highway node. The subject node contains 160 acres and is zoned CL
and CG. Land uses within the node are as follows: Vacant land -
58 acres; Agriculture - 40 acres; Residential --37 acres; and
Commercial - 25 acres.
The 40 acres devoted to citrus are unlikely to be developed
commercially in the near future, since much of it has been
recently planted. In addition, the residential areas are largely
grouped and buffered from existing commercial uses, raising
questions concerning the likelihood of their conversion to
commercial uses in the near future. Furthermore, while no formal
proposal has been submitted, staff has been approached concerning
the option for residential development on the south side of S.R.
60, between 58th and 43rd Avenues. Thus, while this node has a
relatively large amount of land capable of development, all of the
land in the node is not likely to be developed commercially.
Further review of commercially designated lands reveals that,
other than the large commercial/industrial nodes located along the
interstate, only one node contains an adequate supply of vacant
land (over 75 acres) which is also in a configuration suitable
45
r
BOOK �� F.1 E -13W 9
J
FEB 2 71990 HOK 79 PAA' j9
Page 7
February 19, 1990
for a regional mall facility. Therefore, accommodating a mall in
the urbanized area of the county would require redesignating
property to a commercial classification. For this reason the
subject request appears reasonable.
Overall, the amount of land designated for commercial use in
relation to projected commercial land use needs is a major issue
in the state at this time. For example, the Department of
Community Affairs has taken a hard look at land use plans
submitted by local governments. One of the major concerns and
objections raised by the DCA has been the designation of land in
excess of that which is needed to accommodate projected need. To
that end, DCA has determined that land acreage should generally
total no more than 125% of the projected need over the planning
timeframe.
The county plan identifies commercial need of 3180 acres and
industrial need of 1478 acres by the year 2010. This total
represents a need of 4658 acres for the entire county. The
application of the 125% rule results in total designation of 5823
acres. The county plan identifies 5363 acres in the unincor-
porated county. The five municipalities have identified another
1924 acres within these corporate limits. This results in a total
of 7287 acres or 156% of projected need by 2010.
The proposed site was originally included as part of the newly
revised comprehensive plan. On the direction of the Board of
County Commissioners, the site was removed from the plan so that
the land use for such an important project could be reviewed in
greater detail and to provide for additional public input. Based
on the previous board action, this request for amendment is deemed
worthy of review.
The revised comprehensive plan includes an area for a regional
mall along U.S. 1 at 53rd Street. It is generally accepted that,
despite the rapid population growth in the county, the population
base is only sufficient to support one such facility. Despite the
fact that one mall has already received initial approval and that
only one mall can survive in the county, several reasons exist for
the consideration of this request. First, there are no guarantees
that the Harbortown Center will be built. Prior to construction
certain public infrastructure improvements must be completed or
contracted, leases must be obtained, and financing secured.
Therefore, the advantage enjoyed by the Harbortown Center is the
land use, zoning, and DRI approval. The staff recognized during
the land use plan amendment review process for the Harbortown Mall
that there is probably no one best site for such a facility and
provided opportunities for competing proposals to be reviewed. As
with the Harbortown Center, staff feels that the subject property
should not be used for general commercial development which does
not have the size requirements of a mall. Because this request is
part of a DRI, the county has certain control which is not
available in a normal rezoning or plan amendment. That control
involves conditioning the DRI development order. In this case
since the county does not want the subject property available for
general commercial use (for which there is sufficient land
currently available), the staff feels that the development order
should. provide sufficient time for the county to redesignate and
rezone the property if a mall is not constructed.
46
_ M M
Page 8
February 19, 1990
Project Needs
The second issue involves the overall land needs for the project
as they relate to the existing land use classifications. As
identified in the DRI, the proposed mall will occupy 73.8 acres;
peripheral commercial development will occupy 51.2 acres, and
wetland and stormwater detention lakes will occupy 26.5 acres.
Staff has concerns with the need for 77.7 acres for non -regional
mall activities., Since commercial designation and zoning is not
required for the wetland and stormwater area, that 26.5 acres
could be removed from the request without jeopardizing the
project. This would also guarantee a buffer between the
commercial and residential areas, provide greater assurance that
the wetland would be preserved and provide a natural limit for
future commercial expansion. The peripheral commercial
development request, however, has various implications for the
overall land use pattern of the area which must be addressed.
It is customary for regional malls to attract commercial uses
which complement the facility but are not required as part of the
larger facility. These may include but are not limited to auto
repair centers, multi -screen cinemas, restaurants, gas stations,
lodging facilities and office space. Since these are more or less
accessory to the main facility and not required, staff is
concerned with the request and justification for 51.2 acres for
such uses. The future land use needs analysis of the
comprehensive plan indicates that the supply of commercial land
exceeds the projected need over the planning period. Therefore,
justification is needed for the additional commercial designation.
A brief review of the project master plan indicates that the mall
is to be located along the western edge of the property and set
back approximately 500 feet from SR 60. This configuration
results in approximately 18 acres of proposed peripheral commer-
cial located west of the easternmost mall entrance and the remain-
ing 33 acres located east of the mall site, including approxi-
mately 3 acres north of the wetland area and thus physically
separated from the main area of the site. Despite the relatively
large amount of land designated for peripheral commercial uses
(51.2 acres), these uses are tied to the regional mall in a manner
that would make their development unlikely in the absence of the
mall. In addition, one of the advantages of the DRI process is
that the Development Order may address the timing of the various
facilities and require phasing to ensure that the peripheral
commercial is not developed in the absence of the mall.
Relationship with Existing Development
The third issue is the relationship of the proposed mall with the
existing development pattern of the county. Large facilities such
as the one proposed must be located in proximity to the population
they serve. As the county continues to grow, development has no
choice but to move west. This pattern is evidenced by the growth
that has occurred along the SR 60 corridor, including several of
the largest residential developments in the county. The site is
also in close proximity to Vero Beach and the southern area of the
county which contains the highest portion of the county
population. The area is also directly linked to the Sebastian
area by 58th and 66th Avenues. This location in close proximity
to the county population center could result in shorter trip
lengths - a transportation planning objective.
Impact on Surrounding Land Uses
The fourth issue is the impact on area land use patterns. It is
likely that a facility such as proposed would act as a catalyst
for additional development in the vicinity. With the county's
nodal approach, however, future commercial development would have
to occur only in established nodes.
47
FEB 2 71990 BOOK 1 F, t 395
FEB 2 `d 1990
Bou I
Page 9
February 19, 1990
There are also issues of compatibility which need to be addressed.
The first of these is the direct impact on residential areas
adjacent to the project, including Wallace Acres and Rivera
Estates. At a minimum, these areas will be protected by buffers
required between commercial and residential districts. This can
be augmented by site designs which maximize the use of landscaped
green areas to ensure that these areas are not only screened
visually but also buffered from lighting, traffic noise and fumes.
Entrances, perimeter landscaping and external traffic improvements
will need to be designed to not only provide for efficient and
safe circulation but to lessen the impact on existing development
along the external perimeter of the area.
Relationship to Comprehensive Plan
A land use change of the magnitude of that proposed is likely to
change the condition and needs of other services and facilities
that have been addressed in the comprehensive plan. These changes
to other plan elements are influenced by the timing of the
development associated with the proposed land use change as much
as with the change itself. In this case, the improvements
associated with this land use change will be required by 1995. An
analysis of the effect of the change on other plan elements
follows.
° Population Projections
The proposed land use change will not greatly impact the overall
population projections of the county or county sub -areas. Because
of the magnitude of the proposed project and the number of jobs
created, the timing of residential population growth may be sped
up.
° Traffic Circulation
The greatest impact on the county as a result of the proposed
Indian River Mall is likely to be on the road network. The total
number of trips generated by the project is likely to exceed
35,000 trips per day. In order to assess the impact on the
system, an analysis was done to identify the expected traffic
distribution and determine the improvements that would be required
to maintain county level of service standards.
The analysis was done by using the Florida Standard Urban
Transportation Model Structure (FSUTMS) computer program which was
also used in the county's Traffic Circulation Element. This model
simulated the effects of the proposed mall on the county's future
roadway network for the years 1995 and 2010. The model was first
updated to reflect the existence of the project in the base
Population and employment data.
When the model is "run", automobile trips are assigned to road
segments based on the attractors and generators. A comparison of
the traffic! volumes to roadway capacities is used to identify the
projected level of service on any road segment. It is then
Possible to' identify the specific improvements that would be
required.
As expected, most of the increase in trips attributed to the mall
occur on those roadway segments closest to the mall. Tables 4.7.2
and 4.7.3.sh64 the peak hour peak season volumes and the peak
season daily VoiijEbb fdt 1995 and 2010, respectively. These
comprehensive Pied tdbles have been updated to reflect buildout of
the mall gfid dndiiiary f$cilities. Since Tables 4.7.2 and 4.7.3
show projected volumes on all roadway links with the mall, they
provide the basis for a review of roadway improvement needs.
48
� � r
Page 10
February 19, 1990
This review shows substantial traffic generated as a result of
this project. Where projected volumes are shown to exceed a
roadway's capacity at the adopted level of service, necessary
improvements are identified. The improvements that are required
as a result of this project are shown on the following tables.
Several of these improvements have already been identified in the
comprehensive plan; however, the timing of these projects changes
considerably. These changes will prevent the degredation of
service levels below acceptable minimum standards.
Amendments to the traffic circulation element identified in the
tables presented above are reflected in the attached Tables 4.7.2
and 4.7.3 of the Traffic Circulation Element. These tables
represent the projected roadway network classification, volume,
and level of service for 1995 and 2010.
ROADWAY IMPROVEMENTS
Roadway/Segment
Improvement
C.P. Timing
Project
EB through/right
WB through/right
Required
WB dual left ---
1991
EB right
S.R. 60/66th Ave
S.R.
60 58th to 66th Ave.
2
Ln
by 2010
1991
58th
S.R. 60 to 16th St.
2
Ln
2010
1991
58th
16th to 12th St.
2
Ln
2010
1993
58th
SR 60 to 33rd
2
Ln
2010
1995
43rd
12 to 26th
2
Ln
20101
1995
26th
58th to 66th Ave.
2
Ln
1995
1991
1 The traffic circulation element identifies the- need to
acquire an additional 50' of right-of-way by 1995; no other
improvements are identified.
INTERSECTION IMPROVEMENTS
Intersection Improvement C.P. Timing Project
Required
SR 60/58th Ave
NB dual left ---
1991
EB through/right
WB through/right
U.S. 1/17th St.
WB dual left ---
1991
EB right
S.R. 60/66th Ave
Signalization ---
1991
SR 60/58th Ave
EB right ---
1993
SR 60/20th Ave
SB right ---
1993
SR 60/43rd Ave
NB dual left ---
1995
58th/16th St.
Signalization ---
1995
As indicated above, the project will require the widening of six
roadway links as well as seven intersection improvements. These
improvements are based on project information provided by the
applicant and revised in January 1990. Any subsequent changes to
the project may require additional traffic circulation element
amendments.
These improvements have been included on revised Tables 4.7.2 and
4.7.3. The tables also show the revised capacities and service
levels of the referenced links with the improvements. Because
these,tables were part of the adopted portion of the comprehensive
plan (by reference), the changes in these tables must be included
in the adopted amendments to the Traffic Circulation Element.
49 BOOK �� F'A%c=
FEB 27 1990
FEB 2 7 1990
F
BOOK i9 FADE -39
Page 11
February 19, 1990
Infrastructure
The Infrastructure element of the comprehensive plan addresses
potable water, sanitary sewer, solid waste, and drainage. All of
these services are currently available to serve the subject site.
In fact, demand for both water and sewer will be reduced by the
proposed change compared to what it would be if the site were
developed as currently designated in the comprehensive plan.
Water demand for 1248 residential units X 250 gallons per day
equals daily demand of 312,000 gallons. The proposed facility of
1.1 million square feet equals 221 equivalent residential units
with a demand of approximately 50,000 daily gallons. The south
county R.O. Plant is currently operating at a capacity of 1.6 MGD.
This capacity will be increased to 5.3 MGD by 1991.
Demand for Sanitary Sewer services is computed at 250 GPD per
equivalent residential unit. This results in the same demand as
potable water. The West County Regional Wastewater Treatment
Plant is presently treating 300,000 gpd. The plant is designed
for a capacity of 1.0 MGD.
As identified in the comprehensive plan, the solid waste
generation rate for residential units is 1.6 waste generation
units. For 1248 dwellings the demand would be 1,996 Waste
Generation Units. Commercial waste generation rates are 1
unit/100 square feet, resulting in 11,000 WGUs for the 1.1 million
square foot facility. The landfill has the capacity to
accommodate these wastes without comprehensive plan changes.
Offsite drainage for the site is provided by the Indian River
Farms Drainage District. Indian River Farms drainage facilities
are designed for 3.5" of the total 9.5" rainfall associated with a
24 hour 25 year storm event. The remaining 6" of rainfall must
be retained onsite before release into the canals. The project's
design for 19.5 acres of onsite retention canals and wetlands
will be capable of accommodating the remaining 6" of rainfall. In
respect to the peak stage for the 24 hour/25 year storm, there is
a concern by SJRWMD that the minimum parking lot and roadway
elevations should be 21.7 feet instead of the 21.5 feet proposed
by the developer. This would be included among the more detailed
analysis of the drainage system as part of the DRI process.
Based on these reviews, no changes are needed to the
Infrastructure Element.
° Recreation
The Recreation Element computes demand for facilities on a
population based formula. Since the proposed change is not
increasing residential units, there is no increase in demand or
required changes to this element.
° Mass Transit
Mass Transit is presently not available in Indian River County.
Paratransit is available for those with transportation
disadvantages. Large scale uses such as the proposed regional
mall will serve as attractions which will make mass transit more
feasible in the future.
Capital Improvements
As indicated in the traffic circulation section of this analysis,
several roadway and intersection improvements have been identified
as required improvements based on the proposed land use change and
project. Because of the concurrency requirements of the
comprehenive plan, these improvements must be provided concurrent
with the project. If the proposed facility is not developed, the
roadway improvements would revert to their original timing by the
year 2010.
50
s � �
Page 12
February 19, 1990
As identified in the Capital Improvements Element, traffic
circulation improvements are funded from a variety of sources.
These include traffic impact fees, gas taxes, 1� local option
sales taxes, and others. The expenditures related to these
sources are programmed for various years. Where a development
project requires that some of these expenditures occur sooner than
programmed to address a potential service level deficiency, the
board must approve this timing change. In some instances the
project developer may be required to pay for certain improvements
whose timing is not consistent with his project needs. In this
case all developer costs have not been specifically identified,
because the DRI application has not yet received a sufficiency
determination. Consequently, the DRI development order may
specify that the developer be responsible for a larger share of
the roadway improvement costs, reduce the scope of the project, or
revise its timing.
The following table provides capital costs for required
improvements. These costs will be revised upon completion of more
detailed traffic analysis required by the DRI and prior to final
approval of plan amendments.
ROADWAY IMPROVEMENT
COSTS
Roadway/Segment Improvement Length Total
Cost Year.
($000) Req
S.R. 60
58th
to
66th Ave.
2
Ln
1.0
mi.
2000
1991
58th
12th
St.
to 16th St.
2
Ln
0.5
mi.
700
1991
58th
16th
to
12th St.
2
Ln
0.5
mi.
700
1993
58th
SR 60
to
33rd St.
2
Ln
0.5
mi.
700
1995
43rd
12th
St.
to 26th St.
2
Ln
1.5
mi.
1500
1995
26th
58th
to
66th Ave.
2
Ln
1.0
mi.
700
1991
Total
6300
INTERSECTION IMPROVEMENTS
Intersection
Improvement C.P. Timing
Project
Cost $
SR 60/58th Ave
NB dual left ---
EB through/right
WB through/right
U.S. 1/17th St.
WB dual left ---
50,000
EB right
25,000
S.R. 60/66th Ave
Signalization ---
SR 60/58th Ave
EB right ---
SR 60/20th Ave
SB right ---
SR 60/43rd Ave
NB dual left
58th/16th St.
Signalization
100,000
175,000
* Intersection improvements included in roadway improvement costs.
As indicated above, the capital costs for the required roadway and
intersection improvements total an estimated $6.475 million by the
year 1995. These costs are also reflected on revised tables 4.7.2
and 4.7.3 of the Traffic Circulation Element.
Because of the traffic circulation improvements required by this
land use amendment, the Capital Improvements budget must be
amended to identify the funding sources for the $6.475 million in
traffic related improvements. Since the county has adopted a
traffic impact fee, most roadway and transportation related
improvements are funded from that source. Other traffic related
improvements are funded through gasoline tax revenues. The table
below identifies the Capital Improvements funding.
51 Boor. PAGE TJ
FEB 271990
FEB 2 71990
Page 13
February 19, 1990
Source
Development TIF
Existing TIF Dist 5 & 8
Projected TIF Dist 5 & 8
Developer Contribution
Reallocation of 1� sales
advanced ROW
fund
revenue
tax for
Total
Amount (Mill)
$2.0
1.0
1.5
1.2
.775
$6.475
BOOK 1 1 9 F AGE 400
The costs associated with roadway improvements will also be offset
by increases in revenue as a result of this project. At the
present time many local residents travel outside the county to
purchase goods and services. The development of the mall should
generate additional sales tax revenue. As an attraction, the
project is likely to spin off other development which will add
revenue through traffic impact fees, sales, and property taxes.
The development is also likely to produce some changes to the
existing north/south traffic pattern. As such, improvements in
other areas may no longer be needed or may be delayed.
The attached Table 13.23 from the Capital Improvements Element
titled "Indian River County 5 year Schedule of Improvements,
Fiscal Years 1990-91 to 1994-9511, and Table 13.18,4Indian River
County Summary of Revenues and Expenditures Projections by Element
Category for Capital Improvements Fiscal Years 1990-91 through
1994-95"0 contains the revisions required by this request. As
indicated by these tables, the improvements required by the land
use amendment can be funded by the sources identified. While most
of the costs will be derived from traffic impact fees and
developer's contributions, there will also need to be a
reallocation of 1,� local option sales tax funds from programmed
advance right-of-way acquisition to intersection improvements.
Tables 13.18 and 13.23 of the capital improvements element, as
revised must be adopted as amendments to the C.I.E. These tables
indicates that the comprehensive plan, as proposed for amendment,
would be financially feasible.
Conservation
Policies of the Conservation Element of the revised Comprehensive
Plan call for measures such as the preservation of a minimum of
25% of each native plant community which occurs on-site, which
particularly applies to the cabbage palm hammock area of the
property. Additionally, the wetland area on the site is also
subject to specific preservation/mitigation criteria.
Conservation policies will be implemented through the DRI and site
plan approval process. No changes to the Conservation Element
will be necessitated by the plan amendment.
Land Use Options
The land use plan amendment options include: (1) enlarging the
node to 316 acres by including the 156 acre area as proposed; (2)
adding the proposed 156 acres but removing other property from the
node; or (3) adding only a portion of the proposed area. The
first option has the advantage of permitting a large unified
development, but the disadvantage of adding to the oversupply of
commercial land. The second option would provide the same
benefits as the first without appreciably adding to the oversupply
of commercial land. Among the areas which could be considered for
elimination from the node are the 40 acres at the southwest corner
of SR 60 and 58th Avenue, currently planted in citrus or the
triangular• area between the south side of SR 60 and the main
canal. The major land uses in this area are residential,
agricultural and vacant land. The difficult aspect of this option
52
Page 14
February 19, 1990
is the downgrading of property which has "enjoyed" a commercial
land use designation and zoning. The last of the three options
would provide the additional commercial acreage required for the
mall and allow the development of property which is already
designated commercial. This option would also have the advantage
of providing multiple uses in the area and at the same time
breaking -up the linear pattern of the node.
CONCLUSION
It has been demonstrated that regional malls are special land uses
which have minimum size requirements and highly developed
infrastructure needs. Because of these criteria, staff
acknowledges the need to redesignate land to accommodate a
regional mall. At the same time, it has been clearly shown that
there presently exists an oversupply of commercially designated
land in the county which will make orderly growth difficult to
achieve in the future. The subject site meets the criteria for
designation of a mall site. The location is within an urban
service area and is capable of being served by three major
roadways which with improvements will serve the transportation
needs of the facility. The location is also in close proximity to
the population centers of the county. There exists several
environmental constraints; however, their location and magnitude,
are such that they can enhance the open space amenities and
stormwater needs of the facility.as well as provide buffers for
surrounding development.' Based on this analysis, staff proposes
that the request be reduced to 130 acres by removing the 26 acre
wetland and upland habitat area at the northeast corner of the
property.
RECOMMENDATION
Based on the analysis, including the Planning and Zoning
Commission's recommendation, staff recommends that the Board of
County Commissioners:
FEB 2 1990
Authorize the staff to transmit amendments to the
Comprehensive Plan to the Florida Department of
Community Affiars which:
enlarge the SR 60/Kings Highway Node to 290 acres
by including the 130 acre site in the node;
amend the Traffic Circulation Element by revising
tables 4.7.2 and 4.7.3; and
amend the Capital Improvements Element by revising
tables 13.18 and 13.23.
Announce their intention to hold a second public hearing
concerning this matter; this public hearing to be held
concurrent with or subsequent to the DRI development
order public hearing for the Indian River Mall project.
Incorporate within the Indian River Mall Development
Order provisions which prohibit the development of
peripheral commercial development prior to the regional
mall facility development and provisions which permit
the county sufficient time to change the property's land
use plan designation if the mall is not constructed.
53
EOOK l9 F'AGEO1
r
FEB 27 1990 ❑ r1 j , 411 [ {¢F$�1 pA/111�'
L� O `0 W I�r�Jt ASA6�J
Director Keating noted that this is the first amendment to
the new Comprehensive Plan. He explained that we are looking at
a Comprehensive Plan amendment and a rezoning here, but basically
what the applicant is asking the Board to do is to take action on
transmitting this proposed amendment to the DCA for their review,
and final action wouldn't be until at least 4 months from now
after the DCA review and another public hearing. He noted that
you can make changes to the Comprehensive Plan amendment after
the state makes its comments. This is just to give the state an
opportunity to review it.
Director Keating continued that this is different from the
usual Comp Plan amendments because in that it is acceptable to
look at the project behind it because it is a DRI, and also a DRI
doesn't have to adhere to the twice a year requirements for
amendment. He then discussed the new Comp Plan amendment process
noting that what is different is the scope of the amendment and
the implications. With the new rules if there is any proposed
change to the Land Use Map; that change has to be considered in
terms of its impact on other Comp Plan elements, which really
l
makes this a much more difficult and comprehensive process.
Today we will be talking about making changes to the Traffic
Circulation Element and the Capital Improvements Element. What
complicates this process even further is that the timeframes for
the DRI process and the Comp Plan process do not mesh real well.
The DRI involves submitting an application which both local
government and the Regional Planning Council review for
sufficiency. This DRI application still has been determined
insufficient primarily as to traffic from the County's
standpoint, and the RPC still has some economic questions that
they felt weren't adequately addressed.
Director Keating further explained that the DRI looks
primarily at immediate impacts and immediate needs, and the Comp
Plan looks further into the future. With the way the'two
processes are timed, it is very difficult for staff, -and today we
54
are operating in a disadvantageous position. If there had been a
sufficient application submitted and reviewed, we would have been
able to pin down a lot more of the items, but he believed staff
has been conservative in their own analysis and did not think
there is a problem with transmitting this request to the state,
realizing that they may be subsequent modifications.
Commissioner Scurlock believed this process is unfair, both
to us because we don't get to look at a final submittal, and to
the developer because of the timing and because his expenses are
continuing with no idea of whether he is going to be able to be
deemed sufficient.
Director Keating believed the state realized there are some
problems with this. He went over what has been done so far with
the DRI, noting that right now the applicant is working on their
third submittal.
Commissioner Scurlock commented that he can figure out the
Impact in regard to water and sewer needs. The problem he has is
in the area of transportation, especially as to any impact on
66th Avenue, which is bordered by a golf course on one side and a
canal on the other side. Two more lanes obviously are needed,
but the question is where are you going to put those 2 lanes and
how do you do it - do you fill in the canal or impact the golf
course? He wanted to have more answers before he can make a
decision, but apparently the whole process is not geared to that.
Director Keating felt that is exactly the point. The D.O.
will nail all this down, but staff recommendation is not to
approve the Comprehensive Plan amendment and the rezoning until
at least concurrent with the D.O., or possibly after you have
approved the D.O. Staff is saying that before you make a final
decision on this item, you will know the answers.
Chairman Eggert noted, in other words, transmitting won't
hurt anything, and Commissioner Scurlock agreed.
Commissioner Wheeler asked if by transmitting, aren't we, in
essence, saying this
is where we think
the mall ought
to
be.
FEB 2 2 1990
55
nor
f'1,c 403
L-
FEB 2 ?
1990
BOOK
7Far 4d
Director Keating stated that the Board
is not even
going
that far; they are just saying this is worthy of consideration,
and we are going to look at it some more while the DCA looks at
it in the meantime.
Commissioner Scurlock pointed out that the developer has to
continue to expend dollars based on the "iffy" question of
whether he finally gets approval.
Director Keating continued to review the staff memo at
length and in detail. He stressed the point that if this
property is not used for a regional mall within a certain
timeframe, it will revert - that is the "hook," and he felt what
the Board must decide is whether or not they do want a regional
mall here.
Commissioner Wheeler wished to know when staff was
recommending excluding 50 acres of node if they were looking at
any specific area.
Director Keating advised that staff did not make a specific
recommendation, but just noted there is some property on the
southwest corner of SR60 and 58th Avenue, some of which has
recently been planted in groves. The P&Z apparently felt that
was a drastic measure and didn't include it in their recommenda-
tion. Staff now has gone with the latest P&Z recommendation and
are only recommending that the Board opt out the 26 acre wetland
area that still will be available to use as a stormwater manage-
ment tract. Director Keating stressed that staff does not want
to recommend one mall over another; the big decision is whether
the Board really wants a regional mall here at all.
Director Keating next addressed impacts on other elements of
the Comp Plan, and Commissioner Scurlock wished to know if it has
been determined whether you can locate another two lanes on 66th
Avenue and not impact the golf course.
Director Keating advised that the analysis on 66th shows
there is not a need for two more lanes.
M
56
M
Michael Dudeck, County Traffic Engineer, informed the Board
that the DOT and ourselves both have asked for an operational
plan and evaluation for the roadway immediately around the site -
SR60 to 58th between 66th - 66th - 26th - all of those. We want
to see how it will operate, and it appears at this point in time
that unless there were to be a major extension of 66th south to
St. Lucie County, there will not be a need for any more than two
lanes, plus a third lane for a turn lane.
Commissioner Scurlock felt that basically you would be
precluding using 66th as the new major N/S road, but Director
Keating did not believe'we would be precluding it, certainly not
forever.
Commissioner Scurlock wished to know, if we ever should
decide we are going to need 4 lanes in that corridor, can we fit
them in without impacting the golf course?
Director Keating noted that the county's policy with roads
that have major canals on one side has been to get the R/W from
the other side. In the case of Vista Plantation, when they came
in for site plan approval, a 60' road reservation was given on
the west side of 66th Avenue; so, this issue had been initially
considered back in 83/84 when Vista Plantation originally came
in. He thought that none of the options are precluded right now.
Commissioner Scurlock emphasized that his point is that
right here today, we should try to do the best we can in terms of
looking towards the future, and he wanted to make sure we don't
end up impacting a golf course community whether .the developer
originally gave away something or not because he doesn't want to
be faced with that as a Commissioner. Commissioner Scurlock
noted that he doesn't have to vote for the mall, and the
developer has 150 some acres and a lot more ability to do some-
thing about this today than.the golf course community does in the
future. He agreed that county policy has been to go to the side
other than the canal for R/W, but in this case, there is a golf
Y., III
BOOK 9 F.,"E w r
FEB 2 71990 57
L
r
FEB 2 7 1990
BOOK 7 9 f'aGr 406
course there and a narrow fairway, and if he lived in those
units, these are the questions he would be asking.
Commissioner Scurlock went on to discuss N/S thoroughfares,
noting that King's Highway (66th Ave.) is the only one that goes
all the way through the county; 58th Avenue dead ends at Wabasso
Road; 74th has to have a complete realignment; and 82nd runs into
the Landfill. It seems that 58th Avenue is the logical route,
but the canal keeps eating away at that road.
Traffic Engineer Dudeck noted that 66th Avenue is on the
Thoroughfare Plan, and a certain width of R/W will have to be
reserved for future use. All he is saying is that we don't have
the bottom line numbers yet.
Commissioner Scurlock brought up the possibility of moving
the footprint of the mall building back a little bit. He
emphasized that he does not want us to get in the position of not
having enough flexibility so that we end up impacting an existing
approved development where people are playing on the golf course.
Director Keating pointed out that we did anticipate this 7
years ago and actually got a R/W reservation.
Commissioner Scurlock felt that was because the developer
couldn't develop unless he gave it, and Director Keating agreed,
but noted they also kept all improvements out of that reserved
area and they could still use their golf course even with that.
Commissioner Scurlock commented that he wouldn't want to
drive on 66th Avenue if it was that close to the golf course.
Director Keating continued with his review of the staff
memo, and Commissioner Scurlock asked if it would be fair to
characterize what we are doing today as trying to get this in
better shape, realizing that there are some elements that are
going to be open; that we are going to pay special attention to
the transportation and drainage aspects; and that we have not
done anything final.
Director Keating concurred, and noted that the next time
this comes back to the Board, there will be a D.O.; the state
58
I
will have made their comments; and everything will be specific.
Even though there are some conservation issues and some other
drainage issues, there will be no need to amend the COMP Plan
because those items will be accommodated in the applicant's D.O.
He again reviewed staff recommendation, reiterating that staff is
not now recommending that we take another 50 acres out of the
node because of the increase in commercial.
Commissioner Wheeler inquired about the neighborhood that
would be completely engulfed by the proposed project, and
Director Keating advised that several residents spoke at the P6Z
public hearing, and he believed their primary concern was
drainage and buffers.
Commissioner Bowman commented that she would rather see a
regional mall than a hodge-podge of mini malls, hot dog stands,
and what not.
Chairman Eggert asked if the applicant wished to speak.
Attorney William J. Stewart came before the Board
representing the applicant and advised that their position very
briefly is that they do support the recommendation of the
Planning staff with the understanding that the 26 acres of
wetland can be used for drainage and retention as currently
zoned. He noted that this has been a complicated effort, and he
felt that the Planning staff has worked well with them. He
confirmed that they are having trouble coordinating the DRI
process with the Comprehensive Plan change, but believed that all
are working towards the end of getting to where all this can be
considered and resolved simultaneously. He assured the Board
that they are working to get the DRI into a sufficiency status,
and believed the major issue now is traffic, along with some
economic issues. He then introduced Dick Greco, a vice president
of the DeBartolo Corporation.
Mr. Greco came before the Board and noted that reference has
been made to the concerns of people who live on the golf course
abutting 66th Avenue. Mr. Greco stressed that the DRI process is
FEB 2 71990 59 Bou 79 FnE 0 v
FEB 271990 r,
BOOK I PAGE
looked at under a microscope by a number of agencies, and today
just means you are forwarding this application to have another
agency look at it. Certainly no decision can be made until
everything is settled.
Mr. Greco pointed out that one thing that wasn't mentioned
was that the traffic concerns now run about 6.5 million dollars
off-site. He felt that the County staff is as thorough as any he
has seen in the state and again assured the Board that all of the
questions people had last time and that the Board has today will
be answered specifically and everything will be resolved before
any final decision is made. They want very much to get this
project under way; they have been meeting with the TCRPC about
traffic concerns, and they should be getting some answers in
another 2 weeks. Mr. Greco stressed that they are 100%
cooperative at this point, but when they get all the answers,
they will weigh the economics again. They still have a few
months to go before they can get even more specific.
Michael Kiefer, resident of 1943 Charlotte Avenue, informed
the Board that he moved where he lives, which is about 100 yards
from the proposed mall site, just because it was zoned residen-
tial and AG. He complimented staff for helping him with his
concerns but stated that his quality of life is under attack
right now. He asked that the Board defer judgment on passing
this on to the state until they can address more of the impacts
and have a better understanding of what is taking place. One of
his questions is how viable will the wetlands be when they are
surrounded by pavement. He also raised the question of the
inconsistency of this proposal with the present Comp Plan, spe-
cifically Policy 1.23 about 70% build -out of nodes, especially
when you consider the empty spaces in the malls we have now.
Also, have we really put the reverter clause to test? Mr. Kiefer
believed the traffic on SR 60 will be about double that in front
of the Vero Mall, and he is very concerned not only for his
family, but all the residents of the area.
60
� � r
In summary, Mr. Kiefer asked is this site appropriate for a
mall. The Board has approved one mall site already, and we have
commercial nodes at SR 60/1-95 and CR 51/1-95. He felt by
sending this on, the Board is laying a stepping stone for the
developer to go to the next step and just requested that they
defer this until we can address all the impacts.
William Duryea, resident of Vista Plantation, confirmed that
the golf course is their main concern, plus the tree -line buffer
that shields them from traffic. He noted that the proposed road
widening will both buffer and benefit the mall, but the residents
don't need it, and it will impact a golf course which has a play
of about 50/55,000. In regard to the statement about the R/W on
66th Avenue, Mr. Duryea contended that the R/W is not dedicated,
just reserved, and it has to be purchased. He stated that the
Planning Department does show the 60' reservation for widening in
the 20 year plan. If the road is widened, he would rather see
the R/W taken from the east side; he has been to the Water
Control District; and they do not oppose widening on the east
side. Mr.'Duryea advised that he also has called the Regional
Planning Board, which sees no problem with this, and he requested
that the Board consider this and pursue that matter in behalf of
the Vista residents.
Tony Matulonis, Vista resident, advised that he moved here
two years ago from New York, where they build a lot of malls, but
not on side roads. He did not think that the people in the area
need or want another mall, and he also stressed the various
shopping centers in the area which have empty stores. Mr.
Matulonis asked if we are going to widen SR 60 in the center of
town in order to accommodate the traffic going to the mall. He
stressed the traffic problem now with coming out of Vista
Plantation onto 66th Avenue to get to Route 60, and felt that the
mall entrance which is about -600' from Route 60 should be moved
200 or 3001.
FEB1 61 '''
E 2^ 00 BOOK. L( FH.Gc 400
FEB 2 7 1990 BOOK r; rni 410
Barbara Bonnah, resident of nearby Rivera Estates, spoke for
herself and several neighbors. She advised that they were
delighted to see the proposal to remove the 26 acres of wetlands
from the rezoning. It is their feeling those wetlands were a
natural buffer, and they would like the Board to go with staff's
recommendation. Mrs. Bonnah expressed their concern that if
these wetlands are zoned commercial, then in the future, requests
could come in off of Walker for more commercial in there based on
the argument that they are abutting wetlands that are zoned
commercial. She urged that the Board take the 26 acres out of
the zoning request.
Chairman Eggert determined that no one else wished to be
heard and thereupon closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) approved
staff recommendation for transmittal to the DCA as set
out in their memo dated February 19, 1990, with the
assurance there are a number of issues yet unresolved
and the understanding that we have a commitment to be
careful about 66th Avenue in the future and that the
26 acres of wetlands are to be. excluded from any
rezoning.
PLANNING DIVISION COMPUTER_ PROGRAMMING RFP
The Board reviewed memo from the Community Development
Director:
62
® � r
� � r
I
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP A,4"
Community Development Director
DATE: February 21, 1990
�OtdtNOEEICE
4c��
SUBJECT: PLANNING DIVISION COMPUTER PROGRAMMING RFP
As you know, I sent out a computer programming RFP several weeks
ago. Proposals are due in by Wednesday, February 21, 1990.
Because I set out an ambitious schedule for reviewing proposals,
notifying top candidates, scheduling presentations by shortlisted
firms, and selecting the consultant, I request that you appoint a
selection committee as soon as ,possible. My suggestions for
selection committee members are: you, me, Jim Davis, and Jim
McGinnis (he works for Jeff Barton, so a request for his
participation probably should go through Jeff). Since county
policy involves appointing one county commissioner to each
selection committee, I request that you also have the board appoint
one of its members to serve.
If any questions arise regarding this matter, please contact me.
After some discussion among Board members, Commissioner
Scurlock suggested Commissioner Wheeler be appointed to the
selection committee, and Commissioner Wheeler agreed to serve.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) appointed
Commissioner Wheeler to serve on the selection com-
mittee described above.
RENEWAL OF UPS CONTRACT W/EPE TECHNOLOGIES FOR 911 CENTER
The Board reviewed memo from the Director of Emergency
Management:
FEB 2 21990 63
BUGK
FEB 2 ! 1990 QooK 79 Fr�r 412
TO: Board of County Commissioners
THRU: James Chandler
County Administrator
FROM: Doug Wrik, Director
Emergency Management Services
DATE: February 15, 1990
SUBJECT: Approval of Renewal of UPS Contract
With EPE Technologies, Inc., for E911 Center
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
The service agreement with EPE Technologies for scheduled and
remedial maintenance for the Uninterrupted Power Supply (UPS)
equipment at the E911 Communications Center is due for renewal at
this time. The company has fulfilled contract commitments over
the past year and service has been very satisfactory. No failure
of the equipment has been experienced over the year and staff feels
this is largely due to the preventative maintenance program
included in the contract.
Funding for renewal of the contract was budgeted in this fiscal
year in the amount of $6,000 and the Company did not increase the
fee for the service from the previous year.
Funding for the Service Agreement was included in the budget this
year in the amount of $6,000.
ALTERNATIVES AND ANALYSIS
The prior agreement with EPE provided for an on site response
within twenty-four (24) hours. A new provision in this contract
includes for a reduction in the on-site response time. Under this
agreement, EPE will provide on-site response on the same day,
provided the call is placed by noon. This is an enhancement
without additional expense to the County. 1
An additional provision is noted in paragraph #7 of the Service
Agreement wherein the contract or agreement will be automatically
renewed for one year terms unless either the County or EPE gives
notice of cancellation in writing to the other sixty (60) days
prior to the expiration date of the current period. If the fee is
increased, EPE will advise the County ninety (90) days in advance
of the expiration of the then current time.
Staff feels that with proper maintenance and periodic inspection,
the UPS equipment will continue to provide long term trouble free
power for the sensitive computer equipment currently in use at the
E911 Center.
RECOMMENDATION
Staff respectfully recommends that the
Commissioners approve the service Agreement
Chairman to execute the appropriate documents.
64
Board of Coun
and authorize the~-_
W
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) approved
the service agreement with EPE Technologies as recom-
mended by staff and authorized the Chairman to sign the
appropriate documents.
COPIES OF SAID PARTIALLY SIGNED DOCUMENTS ARE ON FILE IN THE
OFFICE OF CLERK TO THE BOARD.
BID #90-45 - RE -ROOFING MAIN LIBRARY
The Board reviewed memo from Purchasing Manager Mascola:
DATE: February 19, 1990
TO: BOARD OF COUNTY CCH IISSIONERS
TM: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Seryl ce
FROM: Dominick L. Mascola,CPO Manager
'Division of Purchasing
SUBJ: IRC BID#90-45/RE-ROOFING MAIN LIBRARY
On request from the Buildings & Grounds Division, the Bid for.
Re -Roofing Main Library was properly advertised and Fourteen
(14) Invitations to bid were sent out. On February 7, 1990 bids
were received. Six (6) vendors submitted proposals for the
oomiodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to spec-
ifications. Atlantic Roofing was the low bidder that met all
requirements . -
FL]NDING:
At their regular meeting on Jan. 2, 1990, the Board of County
Commissioners appropriated up to $30,000.00 for this project.
Funds are to come from 1B.u.11dings '& Grounds Budget.
9D6W' IDI It ` •
Staff recamiends the Award of a Fixed Contract for $19,770.00
to the low bidder, Atlantic Roofing for the subject project.
'
65 Bu��. F,1vEe
FEB 2 71990
FEB 2 ` 1990
coax
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) awarded
Bid #90-45 for re -roofing the Main Library to the low
bidder, Atlantic Roofing, and authorized the award of
a fixed contract for $19,770 as recommended by staff
and per the following Bid Tabulation:
,.. BOARD.OFCOUNTYCOMMISSIONERS
Dote 2/7/90
da
184025aStrn4 vevBawkF&rinM
•'
PURCHASING DEPT.
BID TABULATION
Tamn.ne 1304) 0871000
Q buwea.i
`
Submitted By Dominick L Mascola
T.Noeesi 33410tt
2
r PURCHASING MANAGER
Bid No. 90-45 Date Of Opening 2/7/90
Recommended Award Atlantic Roofing
��OR1D�' .
Bid title Re -Roofing Main Library
19,770.00
1. Atlantic Roofing of Vero Beach,
Ing- S19.770,On
4.
Cape Roofing $26,880.00
860 11th Street
945 S.E. 11th Ave
Vero Beach, fl •32960
Cape Coral, F1 33990
2. Card' 0
5.
Roofing Systems Inc of Palm Bch $30,500.00
.1049 Holbrook Ct B-E Unit 2
1020 S.E. 10th St
Pt St Lucie, Fl 34952
Delray Beach, F1 33444
3. Lucas Waterproofing
$23,000.00
6.
Rinkus Construction' $31,831.00
2030 Old Dixie Hwy S.E.
2323 Old Ditie A -y
Vero Beach, Fl 32962
Rississimmee, FS 34744
'
s
PREMIUM PAYMENT FOR DIFFERENCE IN CONDITIONS PROP. INS. (FLOOD)
The Board reviewed memo from Risk Manager Beth Jordan:
TO: James E. Chandler, County Administrator
THRU:
Jack Price, Personnel Director arc -oma
FROM: Beth Jordan, Risk Nanager,Siaj&'
DATE: February 12, 1990
SUBJECT: Request for Board Approval; Premium Payment for
Difference in Conditions (Flood) Insurance
This is written to request Board consideration for premium payment
approval for difference in conditions property insurance coverage
which will primarily provide for flood insurance excluded from the
Florida League of Cities property policy.
BACKGROUND
On November 1, 1989, the County became covered through the Florida
League of Cities for property losses, upon the recommendation of
66
r � r
Siver Insurance Management Consultants and staff. The League's
program, however, does not cover the perils of flood and
earthquake. At the suggestion of Siver, and following the Board's
adoption of the 1989-90 coverages, staff requested Schlitt
Services, agent for the boiler and machinery coverage, to obtain
a quote for difference in conditions coverage which would provide
the coverages excluded by the League.
ANALYSIS
The recommended coverage would be placed with International
Insurance Company at a cost of five cents per one hundred dollars
of value, for an annual premium of $24,619.00. For the first year,
the premium would be short -rated, that is, the County would pay a
pro rata premium based only upon the remaining months in this
policy year.
RECOMMENDATION
Staff recommends the Board approve payment of the premium for
difference in conditions property insurance to be effective
immediately upon the Board's approval, with the premium to be paid
from the effective date through September 30, 1990.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) approved
the payment of the premium for difference in conditions
property insurance as recommended by staff.
R/W ACQUISITION - SEALD SWEET GROWERS (BUDG. AMEND. #043)
The Board reviewed memo from the Public Works Director:
67 BOCK f'� E
FEB 2 71990
� I
FEB 271990
BOOK l� F�,. r_ 416
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Right -of -Way Acquisition -
Seald Sweet Growers, Inc. - SW corner of 74th Ave
at SR#60 BUDGET AMENDMENT 043
REF. LETTER: Charles Sanders, Seald Sweet Growers, Inc. to
Don Finney dated 1/29/90
DATE: February 21, 1990
DESCRIPTION AND CONDITIONS
Seald Sweet Growers is developing a tract of land
located at the southwest corner of the 74th Avenue and SR#60
intersection. To accommodate for future widening'of 74th
Avenue, an additional 20' x 361.5' right-of-way parcel is
needed. The appraised value of the land is $23,500.00 (as
appraised by Armfield-Wagner Appraisers). Since 74th Avenue
is on the County's 20 year Road Improvement Plan, Traffic
Impact Fee credits of $10,561.20 can apply from the proposed
development. The remaining funds of $12,938.80 to purchase
the right-of-way can be appropriated from Fund District 8
Traffic Impact Fee Fund 101-158. (Approximately $300,000.00
available on 1/30/90). At this time, the developer is
requesting the County to purchase the entire 20' wide
section of right-of-way.
ALTERNATIVES AND ANALYSIS
The Public Works staff agrees with the appraised value
of $23,500.00. The following alternatives apply:
Alternative #1
Approve purchase of the 7,230 s.f. right-of-way parcel
with the following funding:
Traffic Impact Fee Credit to Seald Sweet Growers for
proposed 13,547 s.f. office building - $10,561.20
Payment of remaining from District 8
Traffic Impact Fee Fund 101-158 - $12,938.80
Total $23,500.00
Alternative #2
Deny purchasing the right-of-way and only retain a 60'
wide right-of-way.
RECOMMENDATIONS AND FUNDING
Staff recommends alternative #1. The attached budget
amendment is recommended for approval at this time.
68
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) approved
Alternative #1 as recommended by staff and approved
Budget Amendment #043, as follows:
TO: Members of the Hoard SUBJECT: BUDGET AMENDMENT
of county commissioners
NUMBERS 043
FROM: Joseph A. Baird, OMB Director %r DATE: February 21. 1990
USE OF GOLDEN SANDS PARK - (TEENS AGAINST BOREDOM)
The Board reviewed memo from the Public Works Director:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request from "Teens Against Boredom" to use
Golden Sands Park for Beach Party.
REF. LETTER: Deborah Jenkins to Commissioner Dick Bird
dated 2/12/90.
DATE: February 20, 1990
DESCRIPTION AND CONDITIONS
Deborah Jenkins, Chairman of the "Teens Against
Boredom" is requesting permission to have a beach party
from 10:00 a.m. to 3:00 p.m. on March 3; 1990 at Golden
Sands Park. The group would like permission to place an
electric generator on the beach and have music at the party.
RECOMMENDATION
Since the same group has had two past similar events at
the beach which were well managed, staff has no objection
provided that the area is thoroughly cleaned of all trash,
etc. A lifeguard will be on duty.
Commissioner Scurlock asked if there is going to be any
provision for insurance or any requirement that an off-duty
officer can work with them.
69 BOOK. � � Nlku �� d
FEB 2 71990
J
FEB 2 71990
I
BOOK i PAGE
Chairman Eggert believed they have had two similar events
without any problem; the only difference is the request to use
the generator.
Director Davis advised that we have not required insurance
for this type of activity in the past.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) gave
permission for "Teens Against Boredom" to have a
beach party at Golden Sands Park as described above.
ASSESSMENTS ON A1A NORTH OF POLO CLUB TO McLARTY MUSEUM
DATE:
Director Pinto made the following presentation:
FEBRUARY 16, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN 0
DIRECTOR OF UTI ERVICES
SUBJECT: ASSESSMENT ON A -1-A NORTH OF WINDSOR POLO
CLUB AND RELATED ENGINEERING SERVICES
IRC PROJECT NO. UW -89 -09 -DS
PREPARED AND STAFFED BY: HARRY E. ASHER AND STAFF
ASSISTANT DIRECTOR OF UTI ITY SERVICES
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
The Department of Utility Services has received numerous inquiries
concerning water availability north of the Windsor Polo Club since
the construction of a 12" water main on A -1-A by Windsor Polo Club.
The Department has received direction from the County's
Environmental Control Officer as to the necessity of providing
public water on A -1-A due to salinity problems with the shallow
aquifer and well failures. The proposed project would serve the
houses on A -1-A and several side streets north of the Polo Club with
drinking water and fire protection from our North Beach Water Plant.
ANALYSIS
The Department has received petitions from lot owners on several
streets north of Windsor Polo Club, which will be included in this
project. Due to the risk to public health, the Department is
proposing this project to the Board of County Commissioners, and it
will be treated as an assessment. The preliminary construction cost
estimate for this project is $613,000.00. The associated
engineering costs, if performed by an outside consultant firm, are
estimated at approximately $40,000.00 for engineering fees and
$17,000.00 for inspection fees.
70
The Department, as directed by the Board, is moving toward
performing as many engineering functions as possible with Staff. If
approved, the Department will perform the engineering services for
this project by Staff. The Department requests.approval to purchase
the Computer Aided Drafting System, as outlined in the attached
memo, to assist in performing the engineering services by in-house
staff. The cost of this equipment will be recovered through savings
of fees in a very short period of time. The equipment will also
improve the Department's ability to respond in a more timely manner
to its engineering requirements. Funding for this project will come
from assessments, with interim funding from impact fees until final
assessment. Should the project be voted down by the property owners
at the preliminary assessment hearing, the engineering cost would be
paid out of the utilities operating expenses. Funding for the
equipment will come from Cash Forward, as of October 1, 1989.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve this project in its entirety, with
Utility Services Staff providing the engineering services, and
approve the purchase of the above -referenced equipment to be
utilized in providing the engineering design for this and future
projects. The project is to proceed as an assessment district from
Windsor Polo Club to the museum on A -1-A.
Director Pinto informed the Board that this would finalize
out the main trunk Fine for the North Beach water system. We
would design the system in house and assess the cost to the
benefiting property owners.
Commissioner Scurlock felt that it has to be made clear that
this particular project may or may not be designed with the use
of the CAD system. Whether it is or not, certainly the savings
are there, and he would firmly support having the capability
internally to do design of various assessment projects. He also
wanted it to be clear that at this time there is no anticipated
need for additional personnel to run the CAD system; although,
that may come about in the future.
Commissioner Scurlock also wished to make certain that we
still have the flexibility within this recommendation that if, in
fact, on the North Barrier Island there is a developer willing to
construct and convey (but now not design), that possibility be
left open. The COBRA Bill is still about, and there is one small
tract of land, about a 38 unit potential, where time may be of
the essence in terms of getting something in so that they can
meet the requirement of what is called "developed" versus "un-
developed." He, therefore, wished that possibility to remain
open so that we don't create a hardship for someone if timing
FEB 2"1 11990 7,N�
BOOK . I f' ut c
FEB 2't 90
BOOK I FAGF.�,
becomes a factor. He also discussed the other condition that the
project can be designed within 60 or 90 days.
Director Pinto felt it can be designed without any problem
within 60 days, and it would enhance the speed that the project
could be constructed if any developer out there wanted to come in
and lend assistance to getting it developed quicker. He would,
however, like to have 90 days.
Director Pinto explained that the Computer Aided Drafting
System is something the Department needs as a whole. It is not a
real involved system, and while he is not anticipating personnel
at the present time for this part,Ycular job, they are looking at
some positions the Department has and may change a position title
to enable that person to work on a CAD system.
Commissioner Scurlock had one other element. He wished to
make sure it is clear that on the projects where we have allowed
someone to design, construct and convey, and the potential in
this case of constructing and conveying, that is contingent on
that development fronting the money for such activity, and when
those dollars are repaid, they either get credits against impact
fees or any compensation back to them comes as the individuals
participate in the system. He asked if that is how we handle it.
Director Pinto confirmed that it is. He further explained
that what makes a project of this size something we look at is
the ability to assess the full benefit of the project.
Commissioner Scurlock pointed out that this process is
geared to the benefit of the county, not the developer.
Chairman Eggert wished further clarification regarding what
was said about adding staff, and Director Pinto advised that they
are not talking adding any personnel for this particular project.
Administrator Chandler added that as we get into subsequent
fiscal years and our ability grows to design more of these
smaller projects in house, there may or may not be requests for
additional people.
72
1.
Commissioner Bowman asked if the CAD System is compatible
with other county department systems, and this was confirmed.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) approved
the proposed project in its entirety, with Utility staff
providing the engineering services, and approved the
purchase of the Computer Aided Drafting System as
described above.
LETTER RE BAKER ACT FUNDING CUTS AS AFFECTING DISTRICT 9 ALCOHOL,
DRUG ABUSE & MENTAL HEALTH
Chairman Eggert informed the Board of the following letters
from the District 9 Mental Health District in regard to this
District being shorted approximately $200,000:
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
�p FCW
�fit�mmiss ner Gary Wheeler
*"nd art. iver County Board
17C6 ' ounty Commissioners
1840 24TH Street
Vero Beach, Florida 32960
Dear Commissioner Wheeler:
February 19, 1990
DISTRNBUTION LIST
Co:�rrrii;.sioners �_
Ariministrator
Attornry _
PEI :iijnricl
Put)iic Works
Comi-irr;rrty Uev.
Utilities —
Diance
Other
When the enclosed letter was reviewed by the 9A Planning Council
on February 12, the representative from County Government asked
that the Palm Beach County Commission also be a signator.
As you can imagine, getting this many original signatures has
been quite an undertaking, so rather than delay the letter
further to wait for meetings of the four Northern County
Commissioners, we are copying you so that if your Commission can
affirm agreement with this letter, either by resolution or direct
communication with Legislators if this is the desire of the
Commission.
We thank you for your continued interest in mental health and
substance abuse issues.
Sincerely,
Linda J. Giesler
District Program Supervisor
Alcohol, Drug Abuse & Mental Health
FEB 2 `! 1990 73
BOOK, d [-'1[ ;H
FEB 2 71990 Bou 69 FACE 422
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
February 12, 1990
Ivor Groves, Ph.D.
Assistant Secretary
Alcohol, Drug Abuse and Mental Health
1317 Winewood.Boulevard
Tallahassee, Florida 32399
Dear Dr. Groves:
Due to recent events that have reflected less than optimal
communication between the State Program Office and District 9, we
are writing -to you to confirm that there is unanimous agreement
among us as to:
1) The number of appropriated CSU beds, by agency and the
funds related to them.
2) The number of unappropriated beds providing crisis
stabilization services that receive less than $113/daV.
3) The amount of funds needed by this District to bring
all unappropriated beds to $113 a day.
Please see the attached agreed upon analysis: We believe that if
we are all consistently operating off the same information base,
we will be much more effective in persuading the Legislature to
continue funding special Baker Act price level increases.
Due to the omission of the inpatient beds providing crisis
stabilization services at 45th Street from the calculations sent
to the Legislature and subsequently used to divide the price
level increase between the Districts, this District was shorted
approximately $200,000.
We are proud of the planning and foresight that resulted in this
District having nearly enough.crisis stabilization services to
meet our needs and significantly reduce State Hospitalization for
District 9 clients. However, if all of our beds are not included
in price level increases, we will have beds closed and the crisis
we are in with South Florida State Hospital will become
unmanageable for us all.
We request.that this data and only this data be used to make any
calculations, predictions, etc. about crisis stabilization
services in our District, and that we receive copies of all
Program Office communication with the Legislature about the
crisis stabilization needs of District 9.
We also request that any figures currently being used with the
Legislature be revised as necessary to reflect the total number
of unappropriated beds in District 9 eligible for price level
increase as stated herein.
Further, if there are any lapsed Baker Act funds statewide, we
would hope that these funds could be allocated to District 9 to
bring our rate per day for unappropriated beds closer to the
current state average.
Recognizing that $113 does not adequately support the costs of
crisis stabilization services and that ultimately we need to work
toward a rate of $148/day, but that a rate of $113/day is
considered a necessary step at this point, we hope that this
District will achieve $113/day for its unappropriated beds before
all the appropriated beds statewide are moved toward the $148
rate per day.
In a related manner, we ask that the Baker Act funding cuts nottr
be permanent cuts to base funding, because permanent cuts will
result in this District not having a fully implemented 24 hour
74
mobile crisis response capability as well as further reduce our`
crisis stabilization rate per day.
We want to emphasize our support for your efforts to gain price
level increases and assure you of our unified cooperation towards
that goal.
If you have questions about the data or cannot support our
requests, please feel free to contact us.
Sincerely,
Vbert Williams
istrict Administrator
Alcohol, Drug Abuse and Mental Health
4ep�eul:ty"D�=istrict-A-dministrator for Health
Linda J..Giesler
District Program Supervisor
y7�,,�
Jo n Paar, Chairman %
District 9A Planning Coungil
Carolyn ggert, Lirman J
District 9B Plann g Council
Terry len
Exec i e Director
45th Street Mental Health.Center
el
:J-:7-pti
t—
c16sep Amato
Executive Director
Western Palm Beach County
Mental Health Clinic
"ichd- M lls
Executive Director
Indian River Community
Mental Health Center
en Toole
Executive Director
South County Mental Health Center
Carol J. Elmquist Chairman
Palm Beach County
Board of Commissioners
B 2 71990 75'i'9 5/ n
EOOK � PAur4
L
m
W
CO
BAKER ACT DEFICIENCY FUNDS
W
=r'
3•
Z
(Col. 1 Col. 2 Col. 3 Col. 4 Col. 5
Col. 6
Col. 7
Col. 8
-s
�
N
3:
COMMUNITY
FY 89-90* FY 88-89 FUNDS FOR BAKER ACT 753
UNAPPROP.
TOTAL BAKER
Mo•
0
MENTAL HEALTH
BAKER ACT BAKER ACT APPROPRIAT. FUNDS FOR OPERATING
BAKER ACT
ACT.KEED
BAKER ACT
C
M
M
_
CENTER
ALLOCATION NEW CSU CSU BEDS UNAPPROP. UNAPP. BEDS BEDS
UP TC $113
DEFICIENCY
O
(n
Z
Q
a 45th
Street
1435506 14 586068 849438 637079
30
1237350
600271
C)
15outh-County
783.82• 5 207282 576200 432150
16
659520
227770.
N•
4l
O
-
N
:
Western
212645 1 41756 170889 128167
6
247470
119303
O
7
r+
S
-•
cn
to
Indian River
746642 0 0 746672 559981
20
824900
264919
S
O
cD
07
O
7
TOTAL
3178275 20 835106 2343169 1757377
72
2969640
1212263
C
O
M
Q
* Does not include Mc:aile Crisis Response Team, as it is not relevant here.
Q
cn
cn
0
M
C
C
Q
w
:3
-1.
O
COLUMN 1
Represents total FY 89-90 Baker Act Funds in Approved Operating
Budget.
cn
T.
COLUMN 2
Number of CSU beds a
appropriated in FY 88-89.I
r+
N N
COLUMN 3
Baker Act funds appropriated for appropriated FY 88-89 CSU beds
(includes general
price level).
M
1<
O
COLUMN 4
Calculation for Baker Act funds supporting unappropriated beds
(both CSU and
inpatinit);
r.
0
Column 1 minus Column 2 minus Column 4 equals Column 5.
O
-n
c
vm
COLUMN 5
Baker, `"1ct.funds supporting operation of beds only, per Florida Council.
tn
COLUMN 6
Number of unappropriated beds both CSU and inpatient) supported
P ( P ) pported by Baker Act
funds.
o
c
COLUMN
Total Baker Act funds needed to fund all unappropriated beds at
$113.00 per day per bed.
I
r+
M
Q
O
COLUMN 8
Baker .-,ct deficiency (Columninus Column 6 equals Column 9).CLD
8 m
1.=
C `� a
LICENSE AGREEMENTS - AIRMASTERS REMOTE CONTROL CLUB AND INDIAN
RIVER RADIO -OPERATED CAR CLUB
The Board reviewed memo from Asst. County Attorney Collins:
TO: Richard N. Bird - Commissioner
FROM:tae- William G. Collins II - Assistant County Attorney
DATE: February 19, 1990
SUBJECT: License Agreements for Airmasters Remote Control
Club and Indian River Radio -Operated Car Club
Attached are original and one copy of the License Agreements
for:
1. Airmasters Remote Control Club and
2. Indian River Radio -Operated Car Club
which were approved'at the February 9th meeting of the Parks
and Recreation Committee. The Committee recommended
approval to the Board of County Commissioners, contingent
upon the insurance provisions under paragraph 7 of the
License Agreement being satisfied, and a Certificate of
Insurance being delivered to the Indian River County Office
of Risk Management.
Please place this matter on the next available agenda for
recommendation to the Board of County Commissioners. Should
you need anything additional, please let me know.
Commissioner Bowman wished to be sure this location is
remote enough and asked if there have been complaints about the
noise.
Attorney Collins confirmed that there have been complaints,
and that is one of the reasons this was brought to the Parks &
Recreation Committee. The Airmasters Club has requirements for
mufflers and does muffler testing. Also, the license is set up
to be terminated in one year at the will of the County, and if
they don't live up to certain conditions, we could terminate it
earlier. There are no specific noise standards; they have just
agreed to meet the standards -of the national umbrella organiza-
tion.
77
FEB 2 7 1990
BOOK l Ft�;E
FEB 271990
Boa 79 PAGE 26
ON MOTION By Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) approved
the License Agreements with Airmasters Remote Control
Club and with Indian River Radio -Operated Car Club
contingent upon the insurance provisions being met
satisfied and a Certificate of Insurance being de-
livered to the Office of Risk Management.
AGREEMENT WITH I.R.RADIO-OPERATED CAR CLUB ON FILE IN THE OFFICE
OF CLERK TO THE BOARD.
AGREEMENT WITH AIRMASTERS REMOTE CONTROL CLUB WILL BE PUT ON FILE
WHEN FULLY EXECUTED AND INSURANCE CERT. RECEIVED.
(RECEIVED AND NOW ON FILE IN THE OFFICE OF CLERK TO THE BOARD)
SUPPORT OF PUBLIC TELEVISION STATION FOR TREASURE COAST AREA
Commissioner Scurlock referred the Board to the following
letter from the Community Television Foundation of South Florida:
78
Community Television Foundation
Of South Florida, Inc. '
Miami
P.O.Box 2800'.>press
Fort Lauderdale
Palm Beaches
MLtmi, FL 33261.0002
Gtdc Roes, West
suite 350
7489 Garden Road
(30S) 949-8321
FM Lauderdele, Ft 33307
suite 106
Telefax, (305) 940-0610
(305) 772.0002
Riviera Beech, FL 33404
(407)W34„ -o
February 14, 1990
Mr. Don C. Scurlock
Commissioner, Indian River County
1840 25 Street
Vero Beach, FL 32960
Dear Commissioner Scurlock,
Last September, you were kind enough to take part in a
feasibility study regarding the establishment of a local
public television station in Fort pierce to serve the
Treasure Coast, one of the last unserved areas in the
country. At that time, Community Television Foundation of
South Florida, Inc., licensee of WPBT, was considering the
utilization of Channel 21 to provide local service for the
300,000 Treasure Coast residents.
Although your response to the study was positive, our
Board of Directors asked that we defer further action when
The Palmetto Foundation and Palm Beach Atlantic College
announced plans to develop a PBS affiliate, and we so
advised you of that in late November.
Circumstances have changed in the past few months and
CTF is now afforded the opportunity to move forward toward
the establishment of a public television facility to serve
your area. As part of its plan to activate this station,
CTF has filed.an application with the National Tele-
communications and information Agency, U.S. Department'of
Commerce, for financial assistance in purchasing the
necessary transmission equipment.
In its thirty-five years of public television service
in South Florida, CTF has amassed an impressive record of
community service and programming excellence. We believe
that CTF is uniquely qualified to establish this new service
in the Treasure Coast.
Your letter of support of CTF in this worthy project
would greatly demonstrate to NTIA the importance of funding
CTFrs grant request. Enclosed is a suggested letter of
support for your consideration.
NTIA has a deadline for support letters, so we would
appreciate your quick response by February 23rd. A stamped
self-addressed envelope is enclosed.
With grateful appreciation for your assistance and
support I am,
Sincerely,
Yerge Dooley
President'
79
BOOK
FEB 2 l 1990 8 o o K �'� iA-- 42S'
Ut
Commissioner Scurlock noted that they are requesting a
letter of support, and he did not want to express his personal
view without the Commission expressing their collective support.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)author-
ized the Chairman to send a letter of support as re-
quested by CTF.
SOUTH COUNTY FIRE
The Chairman announced that immediately upon adjournment,
the Board would reconvene acting as the District Board of Fire
Commissioners of the South Indian River County Fire District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:18 o'clock P.M.
ATTEST:
.1� V '*,��
Clerk Chairman