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HomeMy WebLinkAbout2/26/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 26, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman Gary C. Wheeler, Vice Chairman Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac County Attorney 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a. Admin.Chandler req.addn of Flood Ins.Policy Renewal as Item 11F; and deletion of Item 9B(3). b. Comm.. Eggert requested addn of a letter from WPBT2. 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of 1729/91 7. CONSENT AGENDA A. Received & placed on file in the Office of Clerk to the Board: Copy of the General Fund, Year Ended 9/30/91, for the Vero Lakes Water Control District B. Out -of -County Travel (memorandum dated Feb. 19, 1991) C. Calcutta Drive Dock License (memorandum dated Feb. 20, 1991) D. Transfer of Utility Improvements at North Indian River County Library to Seb. Lakes Utilities Co. (memorandum dated February 13, 1991) E. Final Plat Approval for Treasure Trail S/D (memorandum dated February 13, 1991) i' O K FEB 26199 FEB 6 1991 BOOK FAG137 7. CONSENT. AGENDA (continued): F. Bid Award: IRC 91-40 / Street Sweeper, Public Works (memorandum dated February 12, 1991) G. Bid Award: IRC 91-53 / Aspen Whispering Palms "TOO" (South Pump Station) (memorandum dated February 18, 1991) H. Misc. Funds - Budget Amendment 029 (memorandum dated February 19, 1991) I. Agreement / Indian River County and Mr. & Mrs. Robert W. Egan - Temporary Water Service (memorandum dated February 18, 1991) J. Resolution on County Boundary - St. Sebastian River (memorandum dated February 20, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. John Stolle Request to Rezone Approximately +28.22 Acres from RM -8 to RS -6 (memorandum dated January 23, 1991) 2. Windsor Polo Request to Rezone Approxi- mately +101 Acres from A-1 and Rs -6 to RM -6 (memorandum dated February 15, 1991) 3. North Beaches AIA Water Main Extension Preliminary Assessment Roll Public Hearing (memorandum dated February 15, 1991) 4. Continuation of Public Hearing for 1st Place from 27th Avenue to 24th Avenue (continued from 1/29/91 BCC meeting) (memorandum dated February 18, 1991) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None 11. DEPARTMENTAL MATTERS (continued) : B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. FIND Grant Application for Round Island Park & Jungle Trail Stabilization (memorandum dated February 18, 1991) 2. Amendment No. 1 to Professional Services Treasure Shores Park Land Management Co. (memorandum dated February 19, 1991) H. UTILITIES 1. No. Co. Water Distribution System, Phase I - Agreement Between Owner (Indian River County) and Engineer (Post, Buckley, Schuh and Jernigan, Inc.) (memorandum dated February 14, 1991) 2. No. Co. Subregional Sewer System (Contract 3) (memorandum dated February 18, 1991) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER Resolution Recommended by Marine Advisory Narrows Watershed Action Committee on Mosquito Control C. COMMISSIONER MARGARET C. BOWMAN FEB 26 1991 nOOK. 8, OLE FEB 2 6 19T pooK 82 F'AGE 73e 13. COMMISSIONERS ITEMS (continued): D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER DON C. SCURLOCK F. Appointment to Code Enforcement Board 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. Change Order to Original Contract Ground Improvement Techniques - Segment I Closure (memorandum dated February 18, 1991) 2. Approval of Minutes - Meeting of 2/5/91 15. ADJOURNMENT 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 26, 1991 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 26, 1991, at 9:00 a.m. Present were Richard N. Bird, Chairman; Gary Wheeler, Vice Chairman; Carolyn K. Eggert, Margaret C. Bowman and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Virginia Hargreaves and Patricia Held, Deputy Clerks. The Chairman called the meeting to order and Charles Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Chandler requested the addition of Flood Insurance Policy Renewal as Item 11F and deletion of Item 9B(3). Commissioner Eggert requested addition of a Letter from WPBT2. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the additions and deletion to the agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of January 29, 1991. There were none. FEB 26 1991 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of January 29, 1991, as written. PAU 74-.0 � J FEB 2 6 9991 PUO( FA E741 CONSENT AGENDA Commissioner Wheeler requested that Item F be removed from the Consent Agenda for discussion. A. Reports The following were received and placed on of Clerk to the Board: General Fund, Year Ended 9/30/90 file in the Office B. Out—of—County Travel The Board reviewed memo from Executive Aide Liz Forlani as follows: TO: FROM: RE: DATE: BOARD OF COUNTY COMMISSIONERS Liz Forlani, Executive Aide/ Out -of- county travel February 19, 1991 I would attend the 199 Seminar to be I am th the County and a Records Maria and is familia ment. She nee destruction of I would the both of us like authorization for Alice and me to 0 Micrographics and Records Management held in Palm Beach on April 17 to 19. e Records Management Liaison Officer for it has been five years since I attended gement Seminar. Alice has never attended r with a small portion of records manage - ds to know more about the laws and rules, records and the program in its entirety. appreciate receiving authorization for to attend this worthwhile seminar. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized out -of -County travel for Executive Aide Liz Forlani and Administrative Secretary Alice White as requested above. 2 C. Calcutta Drive Dock License The Board reviewed memo from Assistant County Attorney William Collins as follows: TO: The Board of County Commissioners FROM: William G. Collins II - Assistant County Attorney DATE: February 20, 1991 SUBJECT: Calcutta Drive Dock License A building permit for a dock had been issued in 1989 which expired without being utilized. When the holder of the permit came into reactivate it, he was informed that because of the County's self-insurance position we are now executing License Agreements which require the County to be named as an additional insured on the homeowner's liability policy, and that docks on County right-of-way were now permitted only through a License Agreement. Two License Agreements are presented. The first is for the present owner who plans to construct the dock. The second License Agreement is for the potential purchaser of the dock, and is to take effect only upon transfer of the property. RECOMMENDATION That the Board approve the two License Agreements and authorize the Chairman to execute the agreements for Chapam Corp. and Horst Partenheimer. ON MOTION by Commissioner Eggert, SECONDED by Coiumissioner Scurlock, the Board unanimously approved and authorized the Chairman to execute two License Agreements for Chapam Corp and Horst Partenheimer. CHAPAM AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. PARTENHEIMER AGREEMENT WILL BE FILED IN 7HE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED. )# D. Transfer of Utility Improvements at North Indian River County Library to Sebastian Lakes Utilities Company The Board reviewed memo from Superintendent of Buildings and Grounds Lynn Williams as follows: 3 FEB 26 191 fk00K 82 FADE 742 FEB 2 POOK 82 PAGE 743 TO: JAMES CHANDLER COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN DEPARTMENT OF GENERAL SERV— S' FROM: LYNN WILLIAMS SUPERINTENDENT OF BUILDINGS AND GROry DATE: FEBRUARY 13, 1991 SUBJECT: TRANSFER OF UTILITY IMPROVEMENTS AT NORTH INDIAN RIVER COUNTY LIBRARY TO SEBASTIAN LAKES UTILITIES COMPANY CONSENT AGENDA DESCRIPTION AND CONDITIONS: Prior to construction of the North Indian River County Library, the County contracted for the relocation of a portion of the underground utilities present on the building site. The relocation and certain line extensions and fire hydrants are considered improvements to the Sebastian Lakes Utility system. Allen Engineering, as operating Engineer of the system, has requested that these improvements and the necessary utility easements be conveyed to Sebastian Lakes Utilities ownership. ALTERNATIVES_ AND .ANALYSIS: The attached bill of sale and exhibits provide for transfer of ownership of the improvements and utility easement rights to Sebastian Lakes utilities. Attached exhibits were prepared by staff from as -built records provided by the applicable contractor. RECOMMENDATION AND FUNDING:_ Staff recommends approval of the attached bill of sale and authorization for the Chairman to execute. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved and authorized the Chairman to execute the Bill of Sale for Transfer of Utility Improvements per Staff recommendation. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. E. Final Plat Approval for Treasure Trail Subdivision The Board reviewed memo from Planner Rison as follows: 4 TO: James E. Chandler County Administrator DIIVVISION HEAD CONCURRENCE: Robert M. Keatiig, KCP Community Development Director THROUGH: Stan Boling AICP Planning Director CO'FROM: Christopher D. Rison C DATE: February 13, 1991 SUBJECT: FINAL PLAT APPROVAL FOR TREASURE TRAIL SUBDIVISION SD -90-05-04 i It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 26, 1991. DESCRIPTION AND CONDITIONS: Treasure Trail is a proposed 28 lot residential subdivision of a ±9.77 acre parcel of land located in the 5700 block of 40th Street, south of 41st Street. The subject property is zoned RS -6, Single - Family Residential up to 6 units per acre and has an L-2, Low - Density Residential 2 (up to 6 units per acre) land use designation. The proposed density for the project is 2.9 units per acre,and all roads, drainage and utilities easements and facilities are to be dedicated to the County. At its regular meeting of March 8, 1990, the Planning and Zoning Commission granted preliminary plat approval for the subdivision. A land development permit was subsequently issued,and improvements were constructed. The owner, Chapman Corporation, Inc., is now requesting final plat approval and has submitted the following: 1. a final plat in conformance with the approved preliminary plat; 2. a copy of the project Certificate of Completion issued by the Public Works Department; 3. a Warranty/Maintenance Agreement and Bill of Sale for the completed, publicly dedicated improvements; 4. an engineer's certified cost estimate for the constructed required improvements; and 5. a security instrument to guarantee the Warranty/Maintenance Agreement, acceptable to the County Attorney's Office. ANALYSIS: The required improvements have been constructed by the developer. The developer has submitted a Warranty/Maintenance Agreement and suitable security approved by the County Attorney's Office to guarantee the performance of the completed improvements. The developer has effectively satisfied the requirements for final plat approval. 5 FEB 2 6 199' PAGE 744 r FED 6 '99' ETOK FAGE 745 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Treasure Trail Subdivision and accept the submitted Warranty/Maintenance Agreement and posted security. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously granted Final Plat Approval for Treasure Trail Subdivision and accepted the submitted Warranty/Maintenance Agreement and posted security as recommended by Staff. SAID DOCUMENT WILL BE FILED IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED F. Bid Award: IRC 91-40, Street Sweeper, Public Works The Board reviewed memo from General Services Director Sonny Dean as follows: DATE: February 12, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manager SUBJ: Bid Award: IRC 91-40 Street Sweeper/Public Works BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION Bennett Truck Equip. Orlando, Florida Grassey Equipment Co Stuart, F1 DeBra Turf & Industrial Ft Lauderdale, F1 January 16, 1991 Twenty -Nine (29) Vendors Three (3) Vendors UNIT PRICE $70,498.00. $71,900.00 $84,824.00 ALTERNATE BID $70,400.00 $73,500.00 TOTAL AMOUNT OF BID: $70,498.00 SOURCE OF FUNDS: Road and Bridge Heavy Trucks Account. Funds available $75,000.00. 6 RECOMMENDATION: Staff recommends that the bid be awarded to Bennett Truck Equip. as the lowest, most responsive and responsible bidder meeting specifications set forth in the Invitation to Bid. Commissioner Wheeler inquired where the Sweeper will be used. Public Works Director James Davis replied it will be used on all subdivision and County roads where we have curb and gutter drainage systems. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid #91-40 for a Street Sweeper to the low bidder meeting specifications, Bennett Truck Equipment, as recommended by Staff and per the following Bid Tabulation: BOARDOFCOUNTYCOMMLSIONfRS tBaa25thStreet.VeroBeach.riw;da=MO _�� ' • �/ T.•o•ma t 4114000 ��� lye ' 16.... Datea/16/91 PURCHASING DEPT. BID TABULATION •• • • • Submitted By George H. Wolf, Interim PURCHASING MANAGc"'ir Bid Na. 91-40 Date Of Openingl/16/91 Bid Title Street Sweeper i • • 7 'vim>tr—•�' Z,1* Recommended Award Bennett Truck Eggip `F�ORSO°' T-ww[ x.1111 70,498.00 1. Bennett Truck Eauioment 570,498.00 3652 Old Winter Garden Road 1991 Elgin Pelican Orlando, Florida 32858 2. Grassey Equipment Co $71,900.00 2201 SE Indian Street 600 Tymco Stuart, F1 34997 3. DeBra Turf & Industrial 1.S84,824.00 Aaplex 7000 • mounted on Ford LN7000 901 N.W. 31st Ave Chassis . Ft Lauderdale, F1 33311 2.$73,500.00 Aaplex Model 44 Magnum, mounted on Isuzu Chassis • 7 FEB261991 EB 26 i991 POOP( FAVc `4 G. Bid Award: IRC 91-53, Aspen Whispering Palms "TOO" (South Pump Station) The Board reviewed memo from General Services Director Sonny Dean as follows: DATE: February 18, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manage SUBJ: Bid Award: IRC 91-53 Aspen Whispering Palms "TOO" (South Pump Station) BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION Layrite Engineering Stuart, F1 Owl & Associates _Vero Beach, F1 -JoBear, Inc Palm Bay, F1 Ted Myers Contracting Winter Beach, F1 .Belvedere Construction West Palm Beach, F1 TLC Diversified West Palm Beach, F1 Utility Systems of America South Daytona, Fl January 30, 1991 Fourteen (14) Vendors Seven (7) TOTAL AMOUNT OF BID: $85,990.00 PRICE $ 85,990.00 $ 88,545.00 $ 95,520.00 $100,391.70 $119,534.00 $127,961,00 $147,400.00 SOURCE OF FUNDS: Impact fees RECOMMENDATION: Staff recommends that the bid be awarded to Layrite Engineering as the lowest, most responsive and responsible bidder meeting spec- ifications, and request authorization for the Chairperson to execute the contract. 8 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #91-53 for Pump Station at Aspen Whispering Palms "TOO" to the low bidder, Layrite Engineering, in the amount of $83,990 as recommended by Staff and authorized the Chairman to execute contract with same. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD H. Miscellaneous Funds - Budget Amendment 029 The Board reviewed memo from OMB Director Joseph Baird as follows: TO: Members of the Board of County Commissioners DATE: February 19, 1991 SUBJECT: MISCELLANEOUS FUNDS - BUDGEr AMENDMENT 029 CONSENT AGENDA THROUGH: Joseph A. Baird OMB Director L -- FROM: Irene Lewis Budget Analyst DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. This entry allocates North County Library donations for the purchase of subscriptions. 2. Roofing project was budgeted in 1989/90 fiscal year. Final payment of $45,920.12 was made February 13, 1991. This entry appropriates funding in the 1990/91 fiscal year. 3. To correct Retirement Contributions for Supervisor of Elections employee in the amount of $2,322.15. 4. North County Fire had a Decoder budgeted in the 1989/90 fiscal year. It was received and paid for in the 1990/91 fiscal year. This entry appropriates funding in the 1990/91 fiscal year. 5. Joint appraisal of Oslo Road property between SJRWMD and Indian River County was approved by the Board of County Commissioners September 25, 1990. This entry appropriates the county's share of the appraisal fee. 6. The Board of County Commissioners approved a contract with Vickrey, Ovresat and Awsumb for administrative and office space needs. This entry appropriates the expenditure of $85,745.00. 9 FEB 26 1991 BOOK U F,16t r148 FEB 26 1991 BOR 82, EE 4 7. This entry is to increase the Court Reporting budget. The increase is due to a change in the Clerk of Circuit Courts policy and an increase in case load. 8. South County Fire Cash Forward Revenue budget for October 1, 1990 was more than actual by $170,629.11. Attached is an entry reducing the total South County Fire budget $170,730.00 by taking $69,000 for Contingency and $101,630 from Cash Forward -Expense. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 029. TO: 'Members of the Board of County Commissioners THROUGH: Joseph A. Baird, OMB Director SUBJECT: BUDGET AMENDMENT .• NUMBER: 029 FROM: Irene E. Lewis, Budget Analyst DATE: February 19. 1991 Entry ! Number! Funds/Department/Account Name! Account Number 1 Increase 1 Decrease 1. !i 1 REVENUE ! ! !GENERAL FUND/N. Cty. Library Donations !001-000-366-101.00!8 1.443 0015 t [EXPENSE ! 1 :GENERAL FUND/N. Cty. Library ! ! !Subscriptions 1001-112-57 -035.4618 1.443.001$ 0 1 2. ;REVENUE 1 i !GENERAL FUND/ i 1 !Cash orward !001-000-389-040.001845_.921.008 0 ! !!1 !EXPENSE ! :GENERAL FUND/Bldg. & Grounds 1 1 !Roofing !eel -220-519-041.211845.921.0018 0 3. !REVENUE ! 1 ! !GENERAL FUND/ ! !Reserve for Continaencv 1001-199-581-099.9118 01$ 2.323.00 !EXPENSE ! 1 ! ;:GENERAL FUND/Supv. Elections !Retirement Contributions 1001-700-519-012.12!S 2.323 0018 0 0 ! 4. !EXPENSE 1 ! _ !NORTH COUNTY FIRE DISTRICT/ ! i !Reserve for Contingency 1115-104-581-099.911$ 01$ 1,500.00 !Other Machinery and Eauipment ;115-104-522-066.49!$ 1.500.001$ 0 1 5. !EXPENSE i i i ;Reserve i ! Reserve for Contingency 1004-199-581-099.91_1S 0!$ 3.200.00 IM.S.T.U./Parks ! i i !Other P ofessional Services 1004-210-572-033.191$ 3,200.00:8 0 i 6. !EXPENSE 1 ! :GENERAL FUND/ ! ! !Reserve for Contingency 1001-199-581-099.911$ OP 85 745.00 !GENERAL FUND/General Services ! ! !Other Professional Services !001-202-513-033.191585.745.0015 0 ! ! ! ! 1 ! ! 1001-199-581-099.91!$ 0[8 10.000.00 1 ! ! 1001-905-517-033.321$10.000.00!$ 0 1 7. IEXPENBE :General Fund/ !Reserve for Contingencies !General Fund/Court Reporting !Other Reporting Services 8. ;REVENUE !SOUTH COUNTY FIRE !Cash Forward October 1 !EXPENSE !SOUTH COUNTY FIRE !Reserve for Contingencies !Cash Forward September 30 [ ! 1 [114-000-389-040.0018 ! 1 1114-120-522-099.91!8 1114-120-522-099.92 10 ! 1 01$170.630.00 1 0!$ 69.000 00 0_18101.630.00 I. Agreement Between Indian River County and Mr. and Mrs. Robert W. Egan for Temporary Water Service The Board reviewed memo from Utility Services Director Terry Pinto as follows: DATE: TO: FEBRUARY 18, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES SUBJECT: AGREEMENT INDIAN RIVER COUNTY AND MR. AND MRS. ROBERT W. EGAN TEMPORARY WATER SERVICE PREPARED AND STAFFED BY: WILLIAM F. M•aAIN CAPITAL PROJ • ,ENG ER DEPARTMENT !1 Y SERVICES BACKGROUND Mr. and Mrs. Robert W. Egan have requested that temporary service be installed from the water line on 16th Street to service their property at 1586 50th Court, Vero Beach, Florida 32960, prior to the installation of a water main on 50th Court. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to Mr. and Mrs. Robert W. Egan until such time that a water line is constructed on 50th Court by assessment. Mr. and Mrs. Robert W. Egan agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by IRCDUS. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Mr. and Mrs. Robert W. Egan on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Agreement with Mr. and Mrs. Robert Egan for temporary water service as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 11 FEB 2 POOK CPAGE f' FEB 26 i991 ROOK 82 PAGE 751 J. Resolution on County Boundary - St. Sebastian River The Board reviewed memo from Assistant County Attorney William Collins as follows: TO: The Board of County Commissioners FROM: ce' C William G. Collins II - Assistant County Attorney DATE: February 20, 1991 SUBJECT: Resolution on County Boundary - St. Sebastian River I have been contacted by a representative of the House Committee considering our proposed amendment to the Florida Statute to clarify our boundary with Brevard County in the vicinity of the St. Sebastian River. The Chairman of the House Committee has inquired as to whether the Board of County Commissioners still supports passage of this law in view of the fact that the prior resolution was in January of 1990. RECOMMENDATION: Approve the updated resolution showing continued Commission support for this statutory amendment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-26 supporting Passage of a General Law Amending Florida Statute 7.31 to clarify the Indian River/Brevard County boundary. RESOLUTION NO. 91-26 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING PASSAGE OF A GENERAL LAW AMENDING FLORIDA STATUTE 7.31. WHEREAS, there is an inconsistency in the definition of the common boundary between Indian River and Brevard Counties; and WHEREAS, F.S. 7.31 uses the term "medial line" which is subject to confusing and multiple interpretations; and 12 WHEREAS, all similar references in F.S. 7.31 and F.S. 7.05 dealing with a common boundary between Indian River and Brevard Counties utilizes the language "thread", meaning the midpoint of the deepest channel in the river, i.e., that line along which water would flow if the river were drained to its lowest point; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Legislature of the State of Florida amend Florida Statute 7.31, the legal description of the boundaries of Indian River County, to delete the inconsistent reference to "medial line" and replace it with a reference to "thread", by means of passage of the General Law attached as Exhibit "A" hereto. The foregoing resolution was moved by Commissioner Eggert -------------- Scurinck as follows: Chairman Richard N. Bird and seconded by Commissioner , and upon being put to a vote, the vote was Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Carolyn. K. Eggert Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 26th day of February, 1991. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 13 FEBi i �a By Richard R. Bird, Chairman BOOK 82, PAGE 752 FEB 26 199 ROOK 82 F'AA 753 AN ACT relating to and clarifying the common boundary between Indian River County and Brevard County in the vicinity of the St. Sebastian River; amending Section 7.31 F.S.; providing for consistent definition of the common boundary line between Indian River County and Brevard County in the vicinity of the St. Sebastian River, as defined in Section 7.05 F.S.; providing an effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: Section 1. Section 7.31, Florida Statutes, is amended to read: 7.31. Indian River County. - The boundary lines of Indian River County are as foil ows: Beginning at the northwest corner of township thirty-one south, of range thirty-five east; thence east on the line dividing the townships thirty and thirty-one south, to the point where said line intersects the MedIAI /AA/ik thread of the south fork of the St. Sebastian River; thence northerly down the thread of said stream to the main stream of the St. Sebastian River; thence down the thread of the St. Sebastian River to its confluence with the Indian River; thence east to the intersection with the southwesterly extension of the centerline of the approach channel to the Sebastian Inlet from the Indian River; thence northeasterly along said centerline and continue northeasterly and easterly along the centerline of the Sebastian Inlet to the Atlantic Ocean; thence southward along the Atlantic coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida to the township line between townships thirty-three and thirty-four south; thence west on said township line to range line dividing ranges thirty-five and thirty-six east; thence north between ranges thirty-five and thirty-six east to the northeast corner of section one, township thirty-three south, range thirty-five east; thence west on township line dividing townships thirty-two and thirty-three south, range thirty-five east to the range line dividing ranges thirty-four and thirty-five east; thence north on said range line to the northwest corner of township thirty-one south, range thirty-five east, being the place of beginning. Section 2. This act shall take effect July 1, 1991, or upon becoming a law, whichever occurs later. EXHI 31T "A" 14 PUBLIC HEARINGS County Attorney Vitunac explained that the Notices of the first two public hearings appeared in the newspaper with the maps flipped (the map of one appearing on the Notice of the other). This occurred in the first week of advertising for the hearings for John Stolle and for Windsor Polo. These ads, however, appeared in the newspaper together and were switched, and were advertised correctly the second week they were printed. It was his opinion that was sufficient notice for the public hearings to proceed and he asked that this be explained for the record and the Notices shown as corrected._ Community Development Director Keating advised that these were sent to the newspaper correctly. PUBLIC DISCUSSION ITEMS JOHN STOLLE REQUEST TO REZONE APPROXIMATELY +28.22 ACRES FROM RM -8 TO RS -6 The hour of 9:05 o'clock A. M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida -- COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says That he Is Business Manager of the Vero Beach Press•Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being (74, ioiM) in the mailer of % In the Court, was pub• fished In said newspaper in the issues of•-/-ti1;"`12 4 /f 7 Milani further says That the said Vero Beach Press•Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and Ihnt the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mail mailer. at the post office in Vero Beach, in said Indian River Coun• ly, Florida, for a period of one year next preceding the first publication of the attached copy of •advertisement; and alliant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of/AI 19 (1 (SEAL) FEB. 26 1991 �'our`� P tl (Cicrlc of thil CIn Ul1 t oilIrn n 6 'r nrcr•erFtbrida) / f r(4(Elbsice— Mane/Mr.) �j r r h PC, Subject Property 49{. h ST 118-a -• - no ro 48 NOTICE - PUBLIC HEARING Notice or hearing to consider the adoption of a county ordinance rezoning land from: RM -8, Multiple -Family Residential District to RS -8, Sin- gle -Family Residential District. The subject prop- erty Is presently owned by John Stolle and con- tains approximately 28.22+- acres. The subject property Ia located east of 58th Avenue and the south aide of 49th Street and IslyIng In the SE V. of Section 21, Township 32 South, Range 39 ' East lying avid being In Indian River County, Florida. • A public hearing at which parties In Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, In the •• County Commission Chambers of the County Administration Building, located at 1840 25th 'Street, Vero Beach, Florida on Tuesday, Febru- ary 28, 1991, at 9:05 a.m. The Board of County Commissioners may ap- prove a less Intense zoning district than the dis- trict requested provided It Is within the same general use category. • Anyone who may wish to appeal any decision which may be made et this meeting will need to ensure that a verbatim record of the proceed- ings Is made, which Includes testimony and evi- dence upon which the appeal Is based. Indian River County Board of County Commissioners By: a -Dick Bird, Chairman Feb.1,1991 785174 800K 92 mac 754- LZ. 2G Director Keating made the staff presentation recommending approval of the rezoning to RS -6 as follows: TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE THRU: obert M. Keating, AICP Sasan Rohani Chief, Long -Range Planning s.,2. FROM: Cheryl A. Tworek Senior Planner, Lang -Range Planning DATE: January 23, 1991 RE: John Stolle Request to Rezone Approximately ±28.22 Acres from RM -8 to RS -6 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 26, 1991. DESCRIPTION AND CONDITIONS: This is a request to rezone approximately ±28.22 'acres from RM -8, Multiple -Family Residential District (up to 8 units/acre) to RS -6, Single -Family Residential District (up to 6 units/acre). The property is located on the south side of 49th Street (Lindsey Road), approximately 2700 feet east of 58th Avenue (Kings Highway). The property is owned by John Stolle. On May 8, 1989 the applicant received approval to rezone the subject property from RS -6 to RM -8. Since that time, the applicant has changed development plans and is requesting the property be changed to RS -6. On January 10, 1991, the Planning and Zoning Commission voted 5 to 0 to recommend to the -Board of County Commissioners the approval of this request. Existing Land Use Pattern The subject property is part of an overall 38.04 acre development project and is in the land development permit stage of the subdivision process. The subject property is currently zoned RM -8. The remainder of the project is zoned RS -6. Property to the north is zoned A-1, Agricultural District, and is used for cattle grazing. Property east and west is zoned RS -6 and vacant, except for the cutout portion northwest of the property, which contains a single-family residence. Immediately south is Cavalier Estates, a residential subdivision zoned RS -6. Housing within that subdivision is scattered. A church is also located on two lots of this subdivision adjacent to the subject property. Property east of Cavalier Estates (southeast of the subject property) is zoned IL, Light Industrial District and IG, General Industrial District. That portion adjacent to the subdivision is vacant property; further east is an auto salvage yard. Property west of Cavalier Estates (southwest of subject property) is zoned RMH-8, Mobile Home District. Development in this area is scattered with some mobile homes as well as site -built housing. 16 Future Land Use Pattern The subject property and all surrounding property south of 49th Street has an M-2, Medium -Density land use designation. This designation permits a variety of residential zoning categories at densities up to 10 units/acre. Property north of 49th Street is designated on the Future Land Use Map as L-2, Low -Density Residential -2, permitting up to 6 units/acre. The industrially zoned property east of Cavalier Estates (southeast of subject property) is located within the Gifford Commercial/Industrial node area. Environment The property is not designated as environmentally sensitive or environmentally important by the comprehensive plan, nor is it within a floodplain as identified by the Flood Insurance Rating Maps (FIRM). Utilities and Services The site is within the urban service area of the county. Public water lines are in place along 49th Street. Sewer service is available; a lift station is located adjacent to the southwest corner of the subject property. Transportation System The subject parcel has access to the north on 49th Street (Lindsey Road) which is a designated collector on the County Future Roadway Thoroughfare Plan. This segment of Lindsey Road is a two-lane paved road with sixty (60) feet of road right-of-way. South of subject property is 47th Street, a two lane paved local road which has sixty (60) feet of right-of-way at present time. ALTERNATIVES AND ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the potential impacts on surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Compatibility with Existing Services and Facilities The site is located within the county Urban Service Area (USA), an area deemed suited for urban scale development. The comprehensive plan establishes standards for: Transportation, Potable Water, Waste Water, Solid Waste, Drainage and Recreation. The adequate provisions of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. - Transportation A review of traffic impacts resulting from the development of the property indicates that the existing traffic volumes on roadways serving the site will increase slightly. The maximum buildout permitted by the existing zoning is 226 multiple -family units; that amount of development would generate approximately 1,377 average daily trips. With the proposed zoning, the maximum buildout would be 169 single-family units. The average daily trips would increase to 1,693 trips. A standard two-lane road can accommodate approximately 13,000 trips per day. Based upon a staff analysis, it was determined that Lindsey Road and other roadways serving the project can accommodate the additional trips without decreasing their existing levels of service. A more detailed review of 7 P001( PALE 75t3 FEB 26 199 FEB 2,y i99 L1001( 82 r. GE 75'7 transportation impacts will be required as part of the development review process. - Utilities The site is within the urban service area, and the area is serviced by water and wastewater. The applicant, in order to meet the concurrency test for water and sewer, has reserved ERU's for the subject property. Solid waste service includes pick-up by private operators and disposal at the county landfill. The active segment of the landfill has a 5 year capacity, and the landfill has expansion capacity beyond 2010. - Drainage All development is reviewed for compliance with county stormwater regulations which require on-site retention, preservation of flood- plain storage and minimum finished floor elevations. In addition, development proposals will have to meet the discharge requirements of the county Stormwater Management Ordinance. Any development will be required to maintain its pre-existing discharge rate for the design storm. Together, these regulations limit, the potential for on-site and off-site flooding and damage. As with all development, a more detailed review will be conducted during development approval. - Recreation A review of county recreation facilities and projected demand as a result of this rezoning indicates that adopted levels of service will be maintained. The existing multiple -family zoning would permit approximately 226 units on the site. By multiplying the number of units by the average number of persons per unit of 2 for multiple -family units, the total population of the project is projected to be ±452. The proposed zoning would permit approximately 169 units on site; multiplying the average number of persons per unit of 2.7 for single-family units produces a projected population of ±456. As there is existing surplus acreage available for each park type, and due to the decrease in density with the proposed zoning, no additional park space will be needed. ANALYSIS The proposed zoning represents a decrease in density. In assessing this request, three major issues must be addressed: compatibility with the surrounding area, consistency with the comprehensive plan and concurrency of the public facilities. Compatibility is not a major concern for this property. As stated previously, the applicant had rezoned the property from RS -6 to RM - 8 on May 8, 1989; and now the applicant requests to return the property to RS -6 for development purposes. The proposed zoning is consistent with property east and west of the subject site. Residential uses in the immediate vicinity are confined to single- family residences and mobile homes. Higher density residential areas containing both single and multi -family developments are generally located east of 43rd Avenue. The Gifford Community Center and park are located nearby at the intersection of 49th Street and 43rd Avenue. The proposed zoning is compatible with the land use designation on all surrounding properties. A review of this rezoning with the future land use map and policies, as well as the policies of other plan elements, does not reveal any inconsistency. Policy 1.14 of the Future Land Use Element states that the medium density residential district (M-2) allows a variety of residential development at 10 units/acre or less including single-family development. Since the subject 18 property is located within an M-2 land use designation, the rezoning is consistent with Policy 1.14. The rezoning would further the housing element objectives of providing a diversity of housing types and densities. Residential development of this area would also facilitate the development of non -residentially designated land along 45th Street (North Gifford Road). Concurrency for drainage, roads, solid waste, water, wastewater and parks have been met with the proposed zoning. This is consistent with policy 2.7 of the Future Land Use Element, which requires development projects to maintain established levels of service. CONCLUSION Staff has concluded that the rezoning request is compatible with the medium density residential development of the area. The applicant is developing the land for single-family residences, and a corresponding single-family zoning would be appropriate for the subject property. Finally, the proposed request satisfies applicable compatibility, consistency and concurrency criteria and for these reasons the staff support the proposed request. RECOMMENDATION Based upon the analysis performed, staff recommends that the Board of County -Commissioners approve this request to rezone property to RS -6. Commissioner Wheeler asked about the little box surrounded by RS -6 and if that is compatible. Director Keating explained that it has a single family house on it and that has been taken into consideration. There being no further questions, Chairman Bird opened the public hearing. 19 FEB 26 1991 ROOK FA;;E a3U 1 POOK PAGE 75 There being no further questions, Chairman Bird opened the public hearing. Marvin Hemmings with Community Deliverance Temple, Inc., member of the Board of Directors, stated his concern is the street that has already been cut down through there which lines up with the street his church is on and wanted to know if that street would be completed to give access from the North County because, presently, they are having to drive around at North Gifford Road and come down to their area. It would be much more convenient to use that road if it were completed all the way through and he just wished to know if the road will go through and if it will be maintained by the County. Director Keating said he was not sure and would welcome Mr. Hemmings to join him after the meeting to look at the file. Chairman Bird asked Mr. Hemmings to clarify whether his preference would be that the road go through or whether he is against the project. Mr. Hemmings said he is not against the project and would prefer the road completed and maintained by the County. Chairman Bird explained that is a site plan consideration and that Mr. Keating could help him if he would wait and join Mr. Keating in looking at the plans. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 91-5 rezoning approximately +28.22 Acres from RM -8 to RS -6 as requested by John Stolle. ORDINANCE NO. 91- 5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING LAND USE MAP FROM RM -8, MULTIPLE -FAMILY RESIDENTIAL DISTRICT TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT, FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF 49TH STREET (LINDSEY ROAD), APPROXIMATELY 2700 FEET EAST OF 58TH AVENUE (KINGS HIGHWAY), AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County. Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and 20.: WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County'Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: All of Tract 10, Section 21, Township 32S, Range 39E; less the east 10 acres thereof and excepting therefrom the following described property: Beginning at the northwest corner of said Tract 10; then southerly along the west line of said Tract 10 a distance of 283.60 feet; thence easterly for a distance of 343.53 feet; thence southerly a distance of 283.60 feet to the north line of said Tract 10; thence westerly along .the said north line, a distance of 343.53 feet to the point of beginning. Also less road right-of-way for Lindsey Road. Be changed from RM -8, Multiple -Family Residential District (up to 8 units/acre) to RS -6, Single -Family Residential District (up to 6 units/acre). All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 26 day of February , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 1 day of February , 1991 for a public hearing to be held on the 26 day of February , 1991 at which time it was moved for adoption by Commissioner Eggert Commissioner Wheeler ' and adopted, seconded by by the following vote: Chairman Richard N. Bird Vice Chairman Gary Wheeler Commissioner Carolyn Eggert Co:;micsicncr Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Aye Aye AYe Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER.COUNTY BY:_ Richard N. Bird, Chairman 21 82 76o ft23 .2 199 1- BooK g2 PnG£ 7G2 WINDSOR POLO REOUEST TO REZONE APPROXIMATELY +101 ACRES FROM A-1 AND RS -6 TO RM -6 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 o1 advertisement, being a t!" • In the matter or In the Court, was pub- lished In said newspaper In the Issues or Alllant further says That the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, In said Indian River County. Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter al 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 al flan! further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn 10 and subscribed before me Ihi (SEAL) .o. 1991 / (Business Manager) (Clerk. ol.lbe.CirculLCo ,rI. lodian. River. County_F lorida).w a -I •, Subject Property NOTICE - UBLIC IMAM() Noticeofof hearing Po consider the adoption o1 Single aFamilylReaIdel rezoning strict and land from: 1, Agri- culturalRS-0. District 10 RM -6, Multiple -Family Resi- dential District. The subject property Is owned by Southeast Bank, NA., Trustee, and Is Located on the south side of 77th Street (Hobart Road), west of FEC Railroad R/W. The sub)ect property the Northeast % of Sect101+- 4, Township 32In 3, Range 39E lying and being In Indian River County. A public hearing et which partes to Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, In the . County Commission Chambers of the County i Administration Building, located at 1840 25th Street. Vero Beach, Florida on Tuesday, Febru- ary 28. 1991, a19:05 a.m. The Board of County Commissioners may ap- prove a less Intense zoning district than the dis- trict requested provided 11 Is wit In the same general use category. I Anyone who may wish to appeal any decision which may be made et this meeting will need to ensure i proceed- ings Is made, which aIncludesim estiord ofmony and evi- • dente upon which the appeal Is based. Indian River County Board of County Commisslonere :-Feb t, Byygs-Dick Bird, Chairman 786173 .Director Keating made the staff presentation recommending approval of the. rezoning as follows: 22 Fir TO: James Chandler County Administrator THRU: FROM: Cheryl A. Tworek DIVISION HEAD CONCURRENCE: Robert M. Keating, AI Community Development Director Sasan Rohani 54. Chief, Long -Range Planning DATE: RE: WINDSOR POLO REQUEST TO REZONE APPROXIMATELY ± 101 ACRES FROM A-1 AND RS -6 TO RM -6 Senior Planner, ong-Range Planning February 15, 1991 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 26, 1990. DESCRIPTION AND CONDITIONS This is a request to rezone approximately 101 acres of an overall 480± acre site from A-1, Agricultural District (1 unit/5 acres) and RS -6, Single -Family Residential District (up to 6 units/acre) to RM -6, Multiple -Family Residential District (up to 6 units/acre). The property is located on the south side of 77th Street (Hobart Road), and north of 71st Street (Cemetery Road), west of the FEC Railroad right-of-way. The property is owned by Windsor Polo. The applicant intends to develop the property with multiple -family housing and polo fields. On October 25, 1990, the Planning and Zoning Commission voted 5 - 0 to recommend to the Board of County Commissioners the approval of the request. Existing Land Use Pattern The subject property is an old mining site; as such, the land area of the site has been substantially altered. During mining most of the natural vegetation was removed, and the site's elevation was reduced. The property is presently vacant land with some undisturbed "natural" areas, containing two zoning designations; approximately 21.23 acres are zoned RS -6, and approximately 79.63 acres are zoned A-1. The land north of the subject property is vacant and zoned RM -6. West of the subject property, the land is part of the Kiwanis-Hobart Park and is zoned A-1. South of the subject property is a church and Cemetery Road. South of Cemetery Road, the land is zoned RS -6. East of the subject parcel is zoned A-1 and RM -6. Future Land Use Pattern The subject property is designated as L-2, Low -Density, on the county Future Land Use Map. This designation permits a variety of residential zoning categories at densities up to 6 units/acre. The property north and south also share this land use designation. The property to the west has a recreational land use designation; 23 FEB 26 99 POOK 2 6 99 P00K 8 ;� :.d FgE /06 - east of the L-2 designation is the Hobart Road and U.S. #1 Commercial/Industrial corridor. Environment Most of the subject parcel has been substantially altered by a previously existing mine; environmental staff have also identified "environmentally important" xeric scrub habitat areas, as well as isolated wetlands, on the subject property. The property is not located within a floodplain as identified by the Flood Insurance Rating Maps (FIRM). Utilities and Services The site is within the urban service area of the county; however, water and sewer lines do not extend to the site. Transportation System The property abuts 77th Street (Hobart Road) to the north and 71st Street (Cemetery Road) to the South. Hobart Road is classified as an urban minor arterial road on the future roadway thoroughfare plan map. This segment of Hobart Road is a two lane unpaved road with seventy (70) feet of road right-of-way. Cemetery Road has a local road classification and has fifty (50) feet of road right-of- way at the present time. ALTERNATIVES AND ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of current and future land uses, potential impacts on the transportation and utility systems, and environmental impacts. This section will also consider alternatives for development of the site. Compatibility With Existing Services and Facilities This site is located within the County Urban Service Area (USA), an area deemed suited for urban scale development. The comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Drainage and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The comprehensive plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Transportation A review of the traffic impacts resulting from the development of the property indicates that the existing traffic volumes on roadways serving the site will be increased significantly. The maximum buildout permitted by the existing zoning is 143 units; that amount of development would generate approximately 1,430 average daily trips. With the proposed zoning, the maximum buildout would increase to 605 units, resulting in an increase to 6,050 average daily trips. A standard two lane road can accommodate approximately 13,000 trips per day. Based upon a staff analysis, it was determined that Hobart Road and other roadways serving the project can accommodate the additional trips without decreasing their existing levels of service. A more detailed review of transportation impacts will be required as part of the development review process, and as part of any development project Hobart Road will have to be paved. 24 - Utilities The site is within the county's urban service area; however, the area is not currently serviced by water or wastewater. At present, capacity for these services is not available for this portion of the county. Since no ERUs for water and wastewater have been reserved, the applicant has entered into a developer's agreement with the county which states that the developer agrees to expand county facilities or pay for their expansion at the time of site development. Solid waste service includes pick-up by private operators and disposal at the county landfill. The active segment of the landfill has a 5 -year capacity, and the landfill has expansion capacity beyond 2010. - Drainage All development is reviewed for compliance with county stormwater regulations which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals will have to meet the discharge requirements of the county Stormwater Management Ordinance. Any development on the property will be required to maintain the pre- existing discharge rate for the design storm, as well as provide for stormwater treatment and flood attenuation. Together, these regulations limit the potential for on-site and off-site flooding and damage. As with all development, a more detailed review will be conducted during development approval. - Recreation A review of county recreation facilities and projected demand as a result of this rezoning indicates that adopted levels of service will be maintained. The table below illustrates both the park space demand (in acres) that would result from development of the property under the proposed rezoning and the existing surplus acreage by park type. This indicates that no additional park space will be needed. Park Type Project Demand (acres) Surplus Acreage Urban District 6.65 222 Community 3.99 28 Beach 1.99 77 River 1.99 38 Environment Staff suspects that the location of the proposed zoning may contain environmentally important xeric scrub habitat and isolated wetlands. As part of land development regulation requirements, staff will review environmental impacts at the time of development review. At that time, staff will require an environmental survey showing all xeric scrub communities on-site. Among other requirements,' the county land development regulations require a 15% set-aside preservation area of native vegetation. Moreover, if the site harbors listed rare or endangered species, the applicant will be required to coordinate with the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service to protect such species to the extent feasible. ANALYSIS The proposed zoning change represents a substantial increase in the density. In assessing this request, three major issues must be 25 FEB 26 1991 11 Boor 8 F'A uE Ott FEB 26 1981 E1ooK 82 RAGE 765 addressed: compatibility with the surrounding area, consistency with the comprehensive plan and concurrency of public facilities. Compatibility is not a major concern for this property. It is likely that any development north or south of this property would be similar in intensity or density, having the same multi -family designation. The agricultural development to the west is parkland. Since multi -family developments undergo either site plan or PRD review, specific buffering and compatibility would be addressed at that time. A review of this rezoning with the future land use map and policies, as well as the policies of the other plan elements, does not reveal any inconsistency. Policy 1.12 of the Future Land Use Element allows multiple -family development at 6 units/acre in Low - Density Residential areas. The rezoning would further the housing element objectives of providing a diversity of housing types and densities. Residential development of this area would also facilitate the development of non -residentially designated land along Old Dixie Highway and U.S. #1 to the east. Concurrency for drainage, roads, solid waste and parks has been met with the proposed zoning. Since capacity for water and wastewater services is not available, the applicant has signed a developer's agreement to ensure these facilities will be provided. This is consistent with Future Land Use Policy 2.7, which requires development projects to maintain established levels of service. CONCLUSION The subject property is located in an area designated for low density residential development. The proposed change in zoning is consistent with county policies and existing land uses. RECOMMENDATION Based on the analysis performed, staff recommends that the Board of County Commissioners approve this request to rezone the subject property to RM -6. Commissioner Scurlock questioned whether the increase in trips would require paving of Hobart Road. Mr. Keating confirmed that it will and this would be looked at during the development review process. Commissioner Scurlock pointed out that on page three of the memo it was indicated that capacity was not available for water or wastewater service. His first question related to requiring a five percent prepayment of impact fees from the developer and his second question related to capacity; as he understood there is capacity available now even though it may not have been available earlier. Director Keating agreed to check that point. As to the 5% prepayment, he explained that policy was intended to cover the costs of changing the master plan and because this particular request required no changes in the master plan, since there was capacity even after the rezoning, the County could not charge the fee and not do any work. 26 Commissioner Scurlock brought up the oversizing of the utility lines and asked if each one has been oversized and if there was an explanation or analysis done on this point. Attorney Vitunac commented that the utilities consultant told us that the master plan force main sizes were sized on the maximum number of units that could be put in under the Comprehensive Land Use Plan and, therefore, it would be unnecessary and even illegal for us to charge someone an impact fee for a service which we're not going to do; that is, restructuring of the master plan sizing. Commissioner Scurlock asked if that was verbal or if there was a letter to that effect from the consultant. Attorney Vitunac believed it was verbal and perhaps the Director of Utilities would care to comment. Assistant Director Asher said there is no letter as such stating that but in discussions with Planning, it was indicated that the lines were sized based on those densities that they requested; therefore the five percent is not required. Commissioner Scurlock stated there are two elements involved, the line size and plant capacity. Mr. Asher explained since this was the concurrency review we do not get into plant capacity at this point, and the developer is saying that when and if that impact does occur and they connect, they will pay their fees. Commissioner Scurlock asked when would a person have to pay the five percent fee to initiate rezoning. Director Keating replied that if providing water and sewer service to the development should necessitate a revision to the Utilities Master Plan, that would require a Comp Plan amendment and the additional work involved with processing a Comp Plan amendment would justify payment of the fee. Commissioner Scurlock asked if it is correct that capacity is available, and Assistant Director Asher confirmed that between 150 and 200 taps are available and the development has 150 taps. The Chairman opened the public hearing and asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. MOTION was made by Commissioner Eggert, SECONDED by Commissioner Wheeler, to adopt Ordinance No. 91-6, rezoning approximately +101 acres from A-1 and RS -6 to RM -6 as requested by Windsor. 27 FEB 26 1991 FEB 26 191 Pool( 82 F'.,,E 767 Commissioner Scurlock pointed out that this entire property goes into a multifamily situation, and he was trying to see what transition we have between our parkland and this development. Director Keating replied that would be in the site plan and also commented that the applicant is looking at, essentially, a lot of recreation -type uses, polo fields, and therefore our buffering requirements would be met. Commissioner Scurlock felt, because the County owns 600 -some acres adjacent to this property and is the major one affected, this deserves a little bit of dialogue to make sure we have the right relationship in this project. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and unanimously carried. ORDINANCE NO. 91- 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 AND RS -6 TO RM -6, FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF 77TH STREET, WEST OF THE FEC RAILROAD R/W, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: 28 11111111 The NW 1 of the NE 1 of Section 4, Township 32 South, Range 39 East, less the north 660 feet therefrom. All lying and being in Indian River County, Florida. And The SE 1 of the NE 1 of Section 4, Township 32 South, Range 39 East, less the following; beginning at the NE corner of Said SE 1 of the NE 1; thence S 890 07' 36" West along north line of said SE of the. NE a a distance of 192.72 feet; thence parallel to the F.E.C.R.R. S 250 54' 42" E a distance of 443.13 feet to the east line of said SE 1 of the NE 1; thence N 000 07' 58" West along the East line of said SE 1 of the NE 1 a distance of 400.32 feet back to the point of beginning. All lying and being in Indian River County, Florida. And The NE 1 of the SE 1 of Section 4, Township 32 South, Range 39 East, less the South 25 feet and less the following; beginning at a point 660 feet west of the SE corner of the NE 1 of the SE 1 of Section 4; thence North 210 feet, west 210 feet, South 210 feet and East 210 feet to the point of beginning. Be changed from A-1, Agricultural District and RS -6, Single Family Residential District to RM -6, Multiple -Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 26 day of February, 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 1 day of February , 1991 for a public hearing to be held on the 26 day of February , 1991 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Wheeler , and adopted by the following vote: Chairman Richard N. Zi rd Vice Chairman Gary Wheeler Commissioner Carolyn K. Eggert Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. FEB 26 199 Aye Aye A e Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN IVER COUNTY BY: Richard N. Bird, Chairmanv 29 ROOK F'nE 7LiS FEB 2319 i POCK PAGE 769 CONTINUATION OF PUBLIC HEARING FOR 1ST PLACE FROM 27TH AVENUE TO 24TH AVENUE Michelle Gentile, CET, made the staff presentation: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director / 1 and �11 Roger D. Cain, P.E. 1tL CountyEnginee ' . FROM: Michelle A. Gentile, CET Civil Engineer SUBJECT: Continuation of Public Hearing for 1st Place from 27th Avenue to 24th Avenue DATE: February 18, 1991 DESCRIPTION AND CONDITIONS On January 29, 1990 a public hearing was scheduled for 1st Place from 27th Avenue to 24th Avenue. Due to the fact that additional right-of-way needed to be obtained, the Board asked staff to meet with property owners to discuss the right-of-way acquisition and the cost for this additional right-of-way and how it affects the assessment roll. This public hearing was continued until February 26, 1991. Staff notified property owners by certified mail that a meeting would be held on February 14, 1990 at 7 P.M. in the first floor conference room. We have confirmed notification of 83% of the property owners by having a signed return receipt from those sent certified letters. Seven out of 18 property owners attended the meeting. Those that attended, while concerned about the cost, seemed to be in agreement to have the road paved and begin right-of-way negotiations. Staff did reassure the owners this cost estimate is the maximum the assessment can be. RECOMMENDATION After hearing input from property owners at the Public Hearing and any adjustments to the assessment roll and resolution, it is recommended that the Board of County Commissioners approve the attached Resolution confirming the assessment. If adjustments or changes are made a new resolution will be brought before the Board for approval. The Chairman opened the public hearing and asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. MOTION was made by Commissioner Scurlock, SECONDED by Commissioner Eggert, to approve Resolution 91-22 confirming the assessment as recommended by Staff. 30 Commissioner Scurlock wished to know what percentage is in favor of the project now. Director Davis stated that it is the same as originally, or about 85% at this point in time. Staff will proceed with getting a price for the land needed for the additional right of way and hope that it will be less than the preliminary estimate. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. RESOLUTION NO. 91- 22 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH 1ST PLACE BETWEEN 27TH AVENUE AND 24TH AVENUE; PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90-188 adopted December 18, 1990, determined to make special assessments against certain properties to be serviced by paving and drainage improvements at 1st Place between 27th Avenue and 24th Avenue; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by F.S.11-44, Indian River County Code; and WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County ,passed Resolution No. 90-185 on December 18, 1990, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all 31 a0 O.1K FED , PUO( d F,,,E 771 complaints asto said project and said special assessments, and for the Board to act as required by F.S.11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on January 8, 1991, and January 22, 1991, (twice one week apart and the last being at least one week prior to the hearing) F.S.11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed as required by notices on December 26, 1990, (at least ten days prior to the hearing) as required by F.S.11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, January 29, 1991 at 9:05 A.M. conducted the public hearing which was continued on February 26, 1991 for 1st Place between 27th Avenue and 24th Avenue with regard to the special assessments; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding •first liens against the properties assessed until paid in full. 2. That the County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. 32 The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice -Chairman Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Aye Aye Aye Aye AyP The Chairman thereupon declared the resolution duly passed and adopted this 26 day of FPhruary , 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD, Chairman SAID DOCUMENT WITH ATTACHED ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. RENEWAL OF FLOOD INSURANCE (DIFFERENCE IN CONDITIONS) Administrator Chandler reviewed the following: 33 FEB 26 1991 BOOK FEB 26 99 82 Root( TO: James E. Chandler County Administrator DATE: February 25, 1991 - SUBJECT: REQUEST FOR EMERGENCY ITEM "RENEWAL OF FLOOD INSURANCE (DIFFERENCE IN CONDITIONS)" THROUGH: Beth Jorda Risk Manageent FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The Flood Insurance (Difference in Conditions) policy was due for renewal on February 28, 1991. Schlitt Services notified Risk Management of the Renewal Rates on February 19, 1991 which did not allow sufficient time to get on a regularly scheduled Board of County Commissioners agenda. The insurance company must receive payment no later than Thursday, February 28, 1991 or the policy will be cancelled. RECOMMENDATION Due to these circumstances we are respectfully requesting that the Board of County Commissioners add the agenda item to the meeting of February 26, 1991. TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director FROM: Beth Jordan, Risk Manager; DATE: 22 February 1991 SUBJECT: Request for Consent Agenda; Flood Insurance Renewal On February 27, 1990, the Board approved insurance coverage with International Insurance Company, a Crum and Forster company, through Schlitt Insurance Services, Inc. The policy, recommended by Silver Insurance Management Consultants and staff, provides for difference in conditions property coverage, most specifically for flood coverage. We have received a renewal quote of $24,619.00 plus a $100.00 policy fee, the identical cost as for 19.90-91. Staff recommends renewal of the coverage and premium payment. 34 Administrator Chandler explained the renewal is the same as the current year's cost. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved renewal of flood insurance coverage and authorized payment of the premium as recommended by Staff. FIND GRANT APPLICATION FOR ROUND ISLAND PARK AND JUNGLE TRAIL STABILIZATION Director James Davis reviewed the following: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P. E. , Public Works Director FROM: Terry B . Thompson, P.E. Capital Projects Manager SUBJECT: FIND Grant Application for Round Island Park and Jungle Trail Stabilization DATE: February 18, 1991 FILE: find.agn DESCRIPTION AND CONDITIONS The deadline for submittal of grant applications to the Florida Inland Navigation District (FIND) for the FY 1991-92 Waterways Assistance Program is March 1, 1991. All grant applications must include an official resolution accepting the terms and conditions of the Waterways Assistance Program. Attached are FIND grant applications for Round Island Park Improvements and Jungle Trail Shoreline Stabilization. Staff will be preparing grant applications for 50% matching funds from the Florida Boating Improvement Program for both of these projects. The Parks and Recreation Committee at their February 7, 1991 meeting, recommended that staff apply for a FIND Grant to construct a paved access road, boat trailer and vehicle parking lot, restroom building, waterfront boardwalk, additional boat ramp and dock, and related facilities. The total estimated cost of these improvements is $300,000. The County is in the process of modifying the Army Corps of Engineers permit to expand the shoreline stabilization work on Jungle Trail. The modified permit includes installing a continuous breakwater along the shoreline west of Sea Oaks and Moon River and planting Spartina grasses in areas where mangroves have eroded and washed out. The shoreline has continued to erode behind established mangroves and it appears to be only a matter of time before they are undermined and washed out. The total estimated cost of this stabilization is $110,000. 35 FEB 26 1991 ElOOK O,°, )„a F��quC77� ,fin 6 1991 ROOK RECOMMENDATIONS AND FUNDING Staff recommends that motions be made to: 1. Adopt a resolution for assistance under the Florida Inland Navigation District Waterways Assistance Program for Improvements to Round Island Park. 2. Adopt a resolution for assistance under the Florida Inland Navigation District Waterways Assistance Program for Jungle Trail Shoreline Stabilization. MOTION made by Commissioner Wheeler to approve the Resolutions as recommended was SECONDED by Commissioner Bowman for discussion. Commissioner Bowman asked Mr. Davis who designed this breakwater. Mr. Davis advised we have estimated the cost, based on what we feel would be reasonable estimates for a breakwater but the breakwater is not completely designed at this time. We will be working with the Army Corps of Engineers and Inland Permitting agency to develop a section that we feel comfortable with and will be effective in actually dissipating the wake from the Intracoastal Waterway traffic. Commissioner Bowman noted there are many alternative designs and she hoped we are going to research this very carefully because there are designs that can incorporate vegetation right into the design. Mr. Davis advised that we have done some revegetation on the west shoreline of the river in accordance with the recommendations of the Corps of Engineers and Florida DNR and we have not had very good success with the plantings because in order to establish a good growth of vegetation we need to dissipate the wake. Commissioner Bowman asked if there is any reason on earth we cannot control the speed of boats through the narrows. Commissioner Scurlock pointed out that it is the Intracoastal Waterway and we do not control it. Chairman Bird asked with the amount of traffic and the narrowness in this area, if we would not be limited to some kind of hard structure, rip -rap, et cetera. Commissioner Bowman continued that the biggest offenders are the "boat jockeys" who bring the boats down in the spring and back up in the fall and they speed through there because they are paid by the trip. Chairman Bird believed as part of the Manatee Protection Plan we did something that would limit speed by limiting the wake. Commissioner Wheeler noted that area is used quite a bit for waterskiing and they don't throw a wake. 36 Discussion continued along the same vein and Commissioner Scurlock still believed that we have no control over the speed in that channel. Attorney Vitunac confirmed that the speed in the Intracoastal is only limited under state law and would have to be dealt with at the state level. Commissioner Scurlock suggested having a separate motion directing Staff to contact the appropriate people in regard to limiting boat speed in the Narrows and Chairman Bird felt we should check on what we did in the Manatee Protection Plan first. Commissioners Wheeler and Bowman withdrew their motion. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 91-23 requesting assistance under the FIND Waterways Assistance Program for Round Island Park improvements and adopted Resolution 91-24 also requesting assistance under the FIND Program for Jungle Trail Shoreline Stabilization. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously directed Staff to check on Manatee Protection Plan regarding any speed restrictions in the Narrows and in the event there are none to contact the appropriate people at State level in regard to limiting speed in the Narrows, or pursue how this could be accomplished. 37 FEB 2 6 199 �a� 7, p.001(rAGE ! t.1) FEB 26 M1 BOOK 2 FAE 777 7 RESOLUTION NO. 91 - RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Board of County Commissioners of Indian River County Florida (BOARD) is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Round Island Park Improvements Total Estimated Cost $ 300,000 Brief Description of Project: Construction of paved access road, vehicle and boat trailer parking, restroom building, additional boat ramp and dock, waterfront boardwalk and other related improvements. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the BOARD that the project described above be authorized, AND, be It further resolved that said BOARD make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project in behalf of said County. AND, be it further resolved by the BOARD that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 16T-2 FAC and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. ' That it is In complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the 'District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said BOARD for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped pers.ops as well as other federal, state and local laws, rules and requirements. 38 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. The foregoing resolution was offered by Commissioner rcuri ock who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of February , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RAVER COUNTY, FLORIDA By Richard N. Bird Chairman RESOLUTION NO. 91- 24 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT • WATERWAYS ASSISTANCE PROGRAM 'WHEREAS, THE Board of County Commissioners of Indian River County Florida(BOARD) is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Jungle Trail Shoreline Stabilization Total Estimated Cost $ 110,000 Brief Description of Project: Construction of a rip -rap breakwater for approximately 870 lineal feet to stabilize a portion of the shoreline west of Jungle Trail. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the BOARD that the project described above be authorized, AND, be it further resolved that said BOARD make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project In behalf of said County 39 FEB 2699 no 82 F'AGE 77S S FEB 2 19 I Raor 82 FAc,[ 17 AND, be it further resolved by the BOARD that it certifies to the following: 1. That it will accept tiie terms and conditions set forth in FIND Rule 16T-2 FAC and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is incomplete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said BOARD for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of' the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. The foregoing resolution was offered • by Commissioner Critrl nrk who moved its adoption. The motion was seconded by Commissioner Bowman • and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice Chairman Gary. C. Wheeler Commissioner Carolyn K. Eggert Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Aye Aye Aye Aye Aye Tlie Chairman thereupon declared the resolution duly passed and adopted this 96 day of February , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLOJDA By Ric lard N. Bird Chairman AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES TREASURE SHORES PARK LAND MANAGEMENT COMPANY The Board reviewed the following memo from Capital Projects Manager Terry Thompson: 40 TO: THROUGH: FROM: SUBJECT: DATE: February 19, 1991 James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director Terry B. Thompson, P.E.z.zj-r- Capital Projects Manager Amendment No 1 to Professional Services Treasure Shores Park Land Management Plan DESCRIPTION AND CONDITIONS Brad Smith Associates, Inc. is under contract with Indian River County to prepare a supplement to the Treasure Shores Land Management Plan including a detailed Biological Assessment as requested by the Bureau of Land Management Services. The supplement was submitted to the Bureau of Land Management Services in November and they distributed it to various agencies for comments. Based on comments that have been received on the supplement and on the original Management Plan from the Bureau of Land Management Services and the Fish and Wildlife Service, the site plan contained in the original Management Plan dated July 1989 should be revised and resubmitted. The attached amendment provides for revising the Master Plan as follows: 1. Delete hammock campground and village rentals on west side of A1A. 2. Delete seaside campsites. 3. Delete sand volleyball courts on beach. 4. Delete convenience store and beach rentals from oceanfront area. 5. Eliminate north/south road which has no abutting parking from oceanfront area. The compensation due the Consultant for the attached amendment is $2,450. This, added to the current contract amount of $11,152.50 for Work Order No 1 will result in a new contract amount of $13,602.50. The Land Management Advisory Council has tabled consideration of the Treasure Shores Park Land Management Plan until April so that the above revisions can be made. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Approve the attached Amendment No 1 to the Professional Services Agreement between Brad Smith Associates, Inc. and Indian River County. Alternative No. 2 Let the Land Management Advisory Council consider the original Management Plan dated July 1989 and the supplement dated October 1990 without making • revisions to the site plan. 41 FEB 6t;9 BOOK 82 FAGE. U -FEB 26 1991 001( 78i FA��GE t RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 1 be approved whereby Amendment No 1 is approved. Funding to be from Account #311-210-572-033.13. Chairman Bird's only problem with the proposed revisions related to the proposal to delete the convenience store and beach rentals. He pointed out that we are not talking about a 7 -Eleven - type convenience store but felt we need some type of concession stand where someone could get a hot dog or drink and he still believed it is something we should consider. He noted that it would also be a potential revenue producer for our park system. Director Davis felt that we can still pursue that on the property the County purchased with the five million dollar bond issue but there is a problem with putting this on the property purchased by the State, particularly since the Archie Carr management plan now seems to be picking up momentum. Chairman Bird believed the Management Plan encompasses our property as well as the State property and he would agree that we could leave any type of "store" off the State's property. Capital Projects Manager Thompson commented that technically they are not even supposed to be looking at County land. Commissioner Scurlock thought we should consider a store for our property and delete this from State-owned property. Commissioner Bowman felt the concession should go on A1A rather than inside the park. Chairman Bird believed our full intention is that this is something to be used by the people at the park and not those simply driving up and down A1A. Commissioner Bowman believed there is no convenience store at all for the people living up in that area but Commissioner Scurlock pointed out that there is a tourist node at the intersection of SR 510 and A1A. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Alternative 1 and authorized the Chairman to execute Amendment Number 1, but agreed to delete all reference to a concession on State-owned property. 42 INDIAN RIVER COUNTY TREASURE SHORES PARK PROJECT NO. 8922 AMENDMENT NO 1 TO WORK ORDER NO 1, DATED AUGUST 14, 1990, TO THE PROFESSIONAL ARCHITECTURAL/PLANNING MASTER AGREEMENT BETWEEN BRAD SMITH ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. GENERAL This is an amendment to the existing Work Order No 1 (AGREEMENT) dated August 14, 1990 between Brad Smith Associates, Inc. (CONSULTANT) and Indian River County (COUNTY). The CONSULTANT agrees to perform the professional services and specifictasks described below pursuant to the items and conditions of the AGREEMENT. SCOPE OF SERVICES It is agreed and understood that the Scope of Services described herein is limited in nature, and is based on Clients description of needs as follows: A. Delete the proposed hammock campground and village rentals on thewest side of AlA. B. Delete the seaside campsites. C. Delete the sand volleyball courts on the beach. D. Eliminate the proposed north/south driveway on the east side of A1A'which has no parking abutting. TASK 1: CONCEPT PLAN Prepare one Concept Plan for the Client's review. This plan shall highlight the Client's objectives within the framework of the existing site conditions, local county and state ordinances. This concept plan will illustrate the general locations and relationships between various land uses, passive and active space areas, and the pedestrian and vehicular circulation systems. Present the Concept Plan to the Client for review and comment. Incorporate the Client's review comments into the Concept Plan. Modify the Land Management Plan verbiage as required to incorporate the above revisions to the Master Plan. TASK 2: COLOR RENDERING Upon the Client's. approval'of the Concept Plan, 'the CONSULTANT shall prepare -an illustrative color rendering the approved plan, which will become the revised Master Plan. Graphic techniques used will be similar to those utilized on the original Master Plan. One 24" x 36" rendering mounted on foam core, will be delivered to the Client. 43 FEB 26 1991 BOOK 82 Du. ?�'��a 26 991 TIME FOR COMPLETION The CONSULTANT 24 calendar days of Notice faxed March 1991). is �� ?OOK P,1 E x783 shall complete work on Tasks 1 and 2 within receiving written Notice to Proceed (assuming 5, 1991, completion would be by March 29, COMPENSATION The Client agrees to pay the professional services as follows: A lump sum of Two Thousand, ($2,450.00), according to values: 60% Upon completion of Task 30% Upon completion of Task 10% Retainage ADDITIONAL SERVICES: - Additional services may include, but not be limited to the following items: Landscape Architect for Four Hundred, Fifty Dollars the following schedule of 1 2 $1,470.00 $ 735.00 $ 245.00 A. Making revisions in drawings or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond. the control of the CONSULTANT. B. Changes in design concept and/or program elements subsequent to receiving approvals at the preliminary design stage. C. Preparation of the Consultant's Opinion of Probable Construction Costs for the revised Master Plan. D. Travel to Tallahassee to present the revised Master Plan to the LMAC. (Hourly fee plus travel expenses) The AGREEMENT is hereby amended as specifically set forth herein. Those provisions included in Sections III, IV and V relevant hereto and not amended hereby shall remain in full force and effect, and are incorporated in the amended agreement. All other sections of the AGREEMENT shall remain in full force and. effect, and are incorporated herein. The Amendment No 1 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this 26 day of February 1991. Br 82 Mel By. mith ociates, Inc. idge Avenue da 32901 ra•+ IAIP7. Smith Board of County Commissioners Indian River County, Florida By: RiGbard N. Bird, Ct 'airman SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK THE BOARD 44 Robert Walsh, 4405 Sunset Drive, came before the Board to express concern that since we just finished Golden Sands and are including in capital outlay $278,000 to begin work on Treasure Shores, we should wait a year or two and see where we are going with that before we go ahead and spend $300,000 on Round Island. He was also very concerned about putting 600 parking spaces in the Treasure Shores area, especially since he believed for the three miles between South Beach and the Tracking Station Park we have 738 parking spaces. Chairman Bird emphasized that the $300,000 is grant funds and asked that Mr. Walsh keep in mind that the oceanfront property that we have got now in this County is all we are going to have to provide for the future and to accommodate our growing population. Commissioner Scurlock pointed out that lack of parking creates major problems along A1A, and Director Davis further noted that we are just now putting in these grant applications for the agencies to review so it will be a year or two before we actually design the project and then build it. As to parking he believed the 600 spaces will be reduced as we go through the State -mandated Land Management Program. NORTH COUNTY WATER DISTRIBUTION SYSTEM, PHASE 1 OWNER (INDIAN RIVER COUNTY) AND ENGINEER (POST, JERNIGAN, INC.) The Board reviewed memo of Director of Terry Pinto as follows: - AGREEMENT BETWEEN BUCKLEY, SCHUH AND Utilities Services DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: FEBRUARY 14, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATO CT TERRANCE G. PIN DIRECTOR -,SAF UTIL SERVICES __ H. D. ""DUKE" OSTER, P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES NORTH COUNTY WATER DISTRIBUTION SYSTEM, PHASE I - AGREEMENT BETWEEN OWNER (INDIAN RIVER COUNTY) AND ENGINEER (POST, BUCKLEY, SCHUH AND JERNIGAN, INC.) IRC PROJECT NO. UW -90 -05 -DS BACKGROUND On September 25, 1990, the Board of County Commissioners approved $35,746.00 for engineering consulting services of Post, Buckley, Schuh and Jernigan, Inc. (PBS&J), for the subject project. 45 FEB 26 199 ETOK 82 PCL /3 Pr— FEB 2 191 ANALYSIS flo o K F'r{. ., E 785 It has been determined by the engineer that no recorded documents reflecting easements or public rights-of-way existed for portions of the planned water line installation. The engineer (PBS&J) has proposed to perform field work and research, and prepare easements for the Vickers Road and Stratton Avenue water main installation. Total fee for these services will be $4,167.00, and the design schedule will be extended three weeks. RECOMMENDATION The Department of Utility Services recommends approval of $4,167.00 for the additional services to be performed by PBS&J as a prerequisite to design completion. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, to approve $4,167 for the additional services to be performed by PBS&J as recommended by Staff. Commissioner Eggert expressed concern about having some system so we can track right of way more thoroughly up front. Assistant Utilities Director Asher explained that the problem is that when we entered into this we did not know just where the lines were going. CHAIRMAN BIRD CALLED FOR THE QUESTION. It was voted on and carried unanimously. NORTH COUNTY SUBREGIONAL SEWER SYSTEM (CONTRACT 3) The Board reviewed memo from Utilities Engineer William McCain as follows: 46 DATE: FEBRUARY 18, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. McCAIN A AND STAFFED CAPITAL PROJEC -� �.INEE' BY: DEPARTMENT 0%11 Y SE•VICES SUBJECT: NORTH CO Y SUBREGIONAL SEWER SYSTEM (CONTRACT 3) INDIAN RIVER COUNTY PROJE . US -87 -27 -CCS BACKGROUND All final cleanup has been completed on the North County Sewer - Project. All release of liens have been submitted, along with the required maintenance bond. (Attached copy.) We now wish to submit the final pay request for Commission approval. ANALYSIS Attached are three copies of the final pay request for approval signature. The original contract amount was $3,387,243.75; the final amount after all change orders is $3,414,681.00. The final pay draw is in the amount of $188,446.17. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve final payment to USA in the amount of $188,446.17. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved final payment to Utility Systems of America, Inc., in the amount of $188,446.17, as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Chairman Bird congratulated everyone involved on how smoothly this project has gone. 47 FEB 26 '991 P00C)./.-, PACE 0 F E B t 6 1991 rkooK 82 PA [ 787 COMMISSIONERS' ITEMS - REQUEST FROM WPTB2 Chairman Bird referred the Board to the following letter: February 21, 1991 Mr. Richard N. Bird, Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONER 1840 25th Street Vero Beach, FL 32960 Dear Commissioner Bird, P.O.8ox 2 Miami, FL 33261-0002 (305) 949-8321 Telefax ©05) 940-6610 Studios at 14901 N.E Sesame Street Miami, FL COPRAPI YTEtei ifUN FOUND&TION elf T4RODINC, THE jiLms Lmkt PJ MECID&WINCATiaNSCNTS A year ago, the Board of County Commissioners was good enough to endorse our efforts to establish a public television station to serve the Treasure Coast community. A copy of Commissioner Eggert's letter is attached. For reasons with which you surely are familiar, we were forced to abandon those plans. We seek your help once again. WPBT2's signal reaches St. Lucie and Indian River Counties via a microwave system from Stuart to the United Artists cable system which in turn brings the signal to residents of the two counties. MCI, owners of the microwave system, have advised that that system will be dismantled after October 1, 1991. To assure that there will be no interruption in the WPBT2 service, we propose to construct a replacement microwave system, the cost of which is $350,000. To defray some of the cost, we have applied to the National Telecommunications and Information Agency (NTIA) for $165,000 in financial assistance. Your letter of support for the project would certainly demonstrate to NTIA the importance of funding our grant request. • NTIA has a very short deadline for support letters and requires our response by March 1st, so we ask that you fax your letter to us at 305-940-6610. Enclosed is a suggested letter of support for your consideration. We apologize for the short notice, but we are grateful for your assistance and support. cerely, George Dooley President 48 Commissioner Scurlock believed the intent of this is just to support public television and he would be supportive of that. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously authorized the Chairman to sign and send a letter of support as requested by WPTB2. RESOLUTION RECOMMENDED BY MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE ON MOSOUITO CONTROL Commissioner Wheeler emphasized the importance of supporting the Mosquito Control program and keeping funds available for this purpose. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution No. 91-25 opposing eliminating or weakening Mosquito Control in the Department of Health and Rehabilitative Services. RESOLUTION NO. 91- 25 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, OPPOSING ELIMINATING OR WEAKENING MOSQUITO CONTROL IN THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. WHEREAS, it is reported that the current Administration and the Florida Department of Health and Rehabilitative Services are considering diminishing or eliminating the Mosquito Control programs within Entomology Services; and WHEREAS, the state Mosquito Control is an indispensable asset to the SUBCOMMITTEE ON MANAGED MARSHES (SOMM) and in coordinating the St. Johns River Water Management District's SWIM salt marsh restoration program; and WHEREAS, without the state Mosquito Control support, the continuing ability of SOMM to function as the leading committee in determining and encouraging optimal salt marsh management practices in the state will be severely jeopardized, a critical loss for the citizens of the STATE OF FLORIDA; and 49 FEB 26 1991 I r, PAGE 3'J FEE 26 199 BOOK 82 fA L 7BC WHEREAS, since SOMM's formation in 1983, Mosquito Control has actively promoted "best management practices" (BMP) for Florida's ecologically important and environmentally sensitive salt marshes; and WHEREAS, research funded through Mosquito Control has helped define BMPs allowing for improved management of thousands of acres of Florida's salt marshes with a reduced reliance on mosquito control chemicals, and the loss of the state Mosquito Control programs would eliminate this funding source; and WHEREAS, Mosquito Control serves a major role in coordinating mosquito control activities on environmentally sensitive state lands; and WHEREAS, the funding of Mosquito Control proved vitally important to the control of the St. Louis encephalitis mosquito outbreak of 1990; and WHEREAS, the public health concerns warrant continued vigilance in fighting this deadly disease -bearing mosquito, NOW,. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that it strongly supports the continued funding of the state Mosquito Control programs in . the Entomology Services Unit of the Department of Health and Rehabilitative Services. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Bowman , and, being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye -Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Carolyn K. Eggert Aye Aye Ave Ave The Chairman thereupon declared the resolution duly passed and adopted this 26th day of February, 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: 50 Richard N. Bird, Chairman APPOINTMENT TO CODE ENFORCEMENT BOARD ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the appointment of John Owen to the Code Enforcement Board. SOLID WASTE DISPOSAL DISTRICT Chairman Bird announced that immediately upon adjournment, the Board of County Commissioners would reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. There being no further business to come before the Board, on motion duly made, seconded and carried, the Board adjourned at 9:58 o'clock a.m. ATTEST: Clerki45e.C.Ae__e5;;<5;2 Chairman 51 FEB 26 199 EOOK 8? PAGE 790