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HomeMy WebLinkAbout5/7/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY. MAY 7, 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, Jr. *:****.********* 9:00 A.M. a. b. c. d. 1. *** James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board ****************************** CALL TO ORDER INVOCATION - 2. Reverend Pete LaBarre Trinity Episcopal Church 3. PLEDGE OF ALLEGIANCE - Comm. Don C. Scurlock, Jr. 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Co. Atty. added Item 12B under his matters: -Scheduling a meeting of the Property Appraisal Adjustment Board. Commr.Eggert req. -short discussion on Affordable Housing. Proclamation in regard to Home Remodeling Month.. Cancellation of June 25, 1991 meeting. 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular meeting of 4/2/91 B. Regular meeting of 4/9/91 C. Regular meeting of 4/16/91 D. Regular meeting of 4/23/91 7. CONSENT AGENDA A. Proclamation Designating Month of May, 1991 as Mental Health Month B. Proclamation Designating May 12 - May 18, 1991 as Teacher Appreciation Week MAY 7 1991 MAY 71 Boor 83 PAGE .�"•J 7. CONSENT AGENDA (continued): C. Received and placed on file in the Office of the Clerk to the Board: Approval of Appointment of Deputy Sheriff by Sheriff Tim Dobeck: James F. Powers Approval of Duplicate Tax Sale Certificate No. 292, in the sum of $72.29, for Elsie L. Ayers Minutes of the Quarterly Meeting of the Board of Supervisors of Sebastian River Water Control District/ March 6, 1991 Minutes of the Board of Supervisors for Delta Farms Water Control District for FY ending 9/30/90 D. Out of State Travel / Don C. Scurlock, Jr. (memorandum dated April 17, 1991) E. Aerial Utility Easement for City of Vero Beach (letter dated April 12, 1991) F. Amendment of Fees, Penalties and Procedures Related To the Enforcement of the Animal Control Ordinance (memorandum dated April 18, 1991) G. Release of Utility Liens (memorandum dated April 22, 1991) H. Request from Professional Services Advisory Comm. to have staff initiate a comprehensive plan amendment to the Utilities Connection Matrix (memorandum dated April 29, 1991) I. Budget Amendment 035 - Radiological Grant (memorandum dated April 30, 1991) J. Budget Amendment 001 (memorandum dated April 29, 1991) K. Misc. Budget Amendment 036 (memorandum dated May 1, 1991) L. Surplus of JACO Fire Apparatus Emergency Services (memorandum dated April 23, 1991) M. I.R.C. Health Unit Change Order #5 (memorandum dated April 30, 1991) N. IRC Bid 4)91-54/North Beaches AIA Water Line Assessment (memorandum dated April 24, 1991) O. IRC Bid #91-62/8th St. Water Main Extension (memorandum dated April 2L 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Paramedic Joe Walls Request to Speak Before County Commission in Gratitude for Support & Compensation During Operation Desert Storm (memorandum dated April 22, 1991) B. PUBLIC HEARINGS 1. Power Request to Rezone Property from A-1 & RS -1 to AIR -1 (memorandum dated April 26, 1991) 2. Frank Liggieri Request to Rezone Approximately :127 Acres from CG to RM -10 (memorandum dated April 29, 1991) 3. Miraflores (33rd Ave.) Water Line Extension (memorandum dated April 23, 1991 4. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING ADDITIONAL PROCEDURES FOR THE PURCHASE OF REAL PROPERTY BY THE COUNTY 5. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, OR IN HIS ABSENCE, VICE-CHAIRMAN OR BOARD DESIGNEE, IN THIS SUCCESSION, AS THE OFFICIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY IN THE EVENT OF NATURAL OR MANMADE DISASTER OR THE IMMINENT THREAT THEREOF; AUTHORIZING SUCH OFFICIAL TO TAKE CERTAIN EMERGENCY MEASURES RELATING THERETO; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 6. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE ACTIVATION OF THE DISASTER EMERGENCY PLANS APPLICABLE TO INDIAN RIVER COUNTY AND ENUMERATING ACTIONS THAT MAY BE TAKEN DURING SAID EMERGENCY 7. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW CHAPTER 304 - LIFE SUPPORT SERVICES 8. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR UNIFORM PRO- CEDURES AND TREATMENT OF. MUNICIPAL SERVICE BENEFIT UNITS PROVIDING STREET LIGHTING 10. COUNTY ADMINISTRATOR'S MATTERS Purchase of the South 33 Feet of Lot 3, Blk. 45 for the Proposed Courthouse Site (memorandum dated April 23, 1991) Poor MAY 71991 83 di.,141- MAY 7 1991 BOOK 83 FM E 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT 1. Approval of the County Land Acquisition Guide (memorandum dated April 26, 1991) 2. Oslo/FMEL Property; Appraisal Status and LAAC Recommendations (memorandum dated April 26, 1991) 3. Michael O'Haire Request for County to Initiate An Administrative Rezoning of Approx. +/-11 Acres West of AIA on So. Barrier Island from RS -3 to RS -1 (memorandum dated April 30, 1991) B. EMERGENCY SERVICES None C. GENERAL SERVICES 1. Approval of Purchase of 2 Dumb Terminals (Capital Outlay) Using Funds Transferred from Office Supplies Account (memorandum dated April 19, 1991) 2. FY 91/92 Grant Agreements (memorandum dated April 23, 1991) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET 1. Resolution Designating Recipient of Gas Tax Fund for Indian River County (memorandum dated April 17, 1991) 2. Humane Society Request for Additional Funding (memorandum dated April 30, 1991) F. PERSONNEL None G. PUBLIC WORKS H. 1. Revision to Resolution 90-75 Item 1 (memorandum dated April 24, 1991) 2. Construction Management & Inspection Services for Indian River Blvd. Phase III (memorandum dated April 18, 1991) 3. Request for Floodplain Cut & Fill Balance Waiver for Residence at 3380 Buckinghammock Trail (memorandum dated April 24, 1991) UTIIs.ITIES 1. Engineering Firm Selection - Engineering/ Hydrogeological Services for Design and Con- struction of a Deep Well Disposal System (memorandum dated April 22, 1991) r1PI � 1991 11. DEPARTMENTAL MATTERS (continued) : H. UTILITIES (continued): 2. Emergency Replacement of Water Lines in Rock - ridge - 6th Ave. & 5th Court (memorandum dated April 26, 1991) 3. Silver Oaks (51st Court) Water Line Extension (memorandum dated April 17, 1991) 4. Final Pay Request & Change Order #1 for the South U.S. 1 Force Main (memorandum dated April 17, 1991) 5. Engineering Contract for Services for 1 MGD Expansion of the North County Wastewater Treat- ment Plant Effluent Disposal (memorandum dated April 25, 1991) 6. So. Co. Reverse Osmosis Plant Expansion C.O.#1 (memorandum dated April 17, 1991) 12. COUNTY ATTORNEY A Resolution of Indian River County, Florida Establishing A Disaster Emergency Employee Policy 13. COMMISSIONERS ITEMS . A. CHAIRMAN RICHARD N. BIRD MAY 7 1994 B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER CAROLYN K. EGGERT E.' COMMISSIONER DON C. SCURLOCK, JR. DOQK 83 FVuE. 600K 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes / Meeting of 4/16/91 2. Modification to Resolution 89-1 (memorandum dated April 26, 1991) 15. ADJOURNMENT 83 PAGEin 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, May 7, 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, May 7, 1991, at 9:00 a.m. Present were Richard N. Bird, Chairman; Gary C. 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. Assistant Pastor Henry Holmes, Mount Zion Baptist Church, gave the invocation and Don- C. Scurlock, Jr., led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS County Attorney Vitunac wished to add under his matters, as Item 12 B, scheduling a meeting of the Property Appraisal Adjustment Board. Commissioner Eggert requested that a short discussion of affordable housing be added under her items as 13 B. Chairman Bird asked that an additional Proclamation in regard to Home Remodeling Month be added to the Agenda. It was later announced that the Board meeting of June 25, 1991, would be canceled because there will not be a quorum present. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the additions to the agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 2, 1991. There were none. 82, MAY 7 1991 MAY 7 poor 83 PAGE 19 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Minutes of the Regular Meeting of April 2, 1991 were approved as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 9, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Minutes of the Regular Meeting of April 9, 1991 were approved as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 16, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Minutes of the Regular Meeting of April 16, 1991 were approved as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 23, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Minutes of the Regular Meeting of April 23, 1991 were approved as written. Proclamation - Home Remodeling Month Proclamation designating May, 1991 as HOME REMODELING MONTH is hereby made part of the record. Chairman Bird read aloud the Proclamation and announced for the record that the two Proclamations included in the Consent Agenda will be presented to the appropriate agencies. 2 PROCLAMATION DESIGNATING MAY, 1991 AS HOME REMODELING MONTH WHEREAS, the number of existing homes and apartments in the United States exceeds 100 million units; and WHEREAS, American households spent nearly $105 billion in 1990 maintaining and improving their homes; and WHEREAS, professional remodeling contractors provide a valuable service to homeowners and their communities in contributing to the maintenance, value and beauty of their homes; and WHEREAS, Treasure Coast Builders Association joins with 134 local affiliated chapters of the NAHB Remodelors Council in recognizing the importance of selecting qualified remodelers, the availability of accurate consumer information and the many benefits of a professionally remodeled home; and WHEREAS, Treasure Coast Remodelors Council will celebrate May, 1991 as National- Home Remodeling Month by promoting the remodeling theme of "The best way to move up is to stay put:" NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, Florida that the month of May, 1991 be designated as HOME REMODELING MONTH in Indian River County, Florida, and the Board further urges the citizens of Indian River County to support the Treasure Coast Remodelors Council in its endeavors. Adopted this 7th day of May, 1991. 3 MAY 7 1991 L BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird, Chairman 8 1300K 3 F'KE WL1 Fr- hNpY 7 1991 BOOK 83 PACE 20j CONSENT AGENDA A. Proclamation - Mental Health Month Proclamation designating May, 1991 as MENTAL HEALTH MONTH is hereby made part of the record. PROCLAMATION DESIGNATING THE MONTH OF MAY, 1991 AS MENTAL HEALTH MONTH WHEREAS, eight to twelve million children suffer from mental or emotional disorders such as depression, schizophrenia, attention -deficit disorder, anorexia nervosa, bulimia, anxiety disorders, Tourette's syndrome, and others; and WHEREAS, these children, through no fault of their own or their families, are robbed of their capacity to learn, grow, play and develop to their fullest potential; and WHEREAS, no single public agency is responsible for the well-being of these children, or for educating their parents on services, treatment or legal rights; and WHEREAS, the nightmare of these children's illnesses is often compounded for parents and family members by the nightmare of trying to get accurate information about the causes and nature of these disorders and where to get help for their child and themselves; and WHEREAS, over the past eight decades the nationwide Mental Health Association has established itself as a vital source of information, •leadership and empowerment for those with serious mental or emotional disorders, enabling them to become effective advocates on their own behalf: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 1991 be observed as MENTAL HEALTH MONTH in Indian River County, and the Board further urges all citizens of this county to join forces with the organizational, governmental •and individual leaders of our community in an endeavor to .bring the plight of these children to the forefront of public attention, and to support the efforts of the Mental Health Association to promote mental well-being and ensure the mental health of all Americans, young and old. Adopted this 7th day of May, 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Ric ar N. Bird Chairman , B. Proclamation - Teacher Appreciation Week Proclamation designating May 12 through May 18, 1991 as TEACHER APPRECIATION WEEK is hereby made part of the record. PROCLAMATION DESIGNATING MAY 12 - MAY 18, 1991 AS TEACHER APPRECIATION WEEK. WHEREAS, a strong, effective system of free public education for all children and youth is essential to our democratic system of government; and A WHEREAS, the Indian River County School system has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and WHEREAS, much of this progress can be attributed to the qualified and dedicated teachers entrusted with educational development of our children and their full potentials; and WHEREAS, teachers should be accorded high public esteem, reflecting the value that the community places on public education; and WHEREAS, it is appropriate that teachers be recognized for their dedication and commitment to educating their students; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of May 12 through May 18, 1991 be designated as TEACHER APPRECIATION WEEK in Indian River County, Florida, and the Board further urges all citizens to pay tribute to our public school teachers. Adopted this 7th day of May, 1991. MAY 7 1991 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird, Chairman MAY 7 1991 POOK 83 PAGE 203 C. Reports The following were received and placed on file in the office of Clerk to the Board: Minutes of Quarterly Meeting of the Board of Supervisors of Sebastian River Water Control District of March 6, 1991 Minutes of Board of Supervisors for Delta Farms Water Control District for FY ending 9/30/90 a. Approval of Appointment of Deputy Sheriff ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the appointment of Deputy Sheriff James F. Powers by Sheriff Dobeck. b. Approval of Duplicate Tax Sale Certificate ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Duplicate Tax Sale Certificate No. 292 in the sum of $72.29 for Elsie L. Ayers. D. Out of State Travel - Don C. Scurlock, Jr. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved out of state travel for Commissioner Scurlock to the AWWA Annual Conference in Philadelphia from June 23 through 27, 1991. E. Aerial Utility Easement for City of Vero Beach The Board reviewed letter from Electrical Engineering Director Frank Call dated April 12, 1991: 6 ELECTRICAL ENGINEERING DEPT. City of Vero 3455 AIRPORT WEST DRIVE - VERO BEACH, FLORIDA Telephone: (407) 569-01. A Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Attention: Subject: Enclosure: Mr. T. O'Brien Beach P. 0. BOX 1389 - 32961-1389 / 567-5151 Aerial Utility Easement for the City of Vero Beach EE91-67 April 12, 1991 (1) Deed of Easement Form - Indian River County Board of County Commissioners (ORIGINAL) Dear Mr. O'Brien, As discussed with you last week, the city is re- questing an aerial easement over county owned property as described in the attached exhibits. The easement is required so that we can locate a ?transmission line pole on the 26th Street right-of-way ''west of the intersection of St. Lucie Avenue and not be in conflict with the intersection and planned signaliza- tion. We appreciate your assistance in this matter; and if you have any questions, please contact me. Very truly yours, 92zix,04-.,‘eix Frank H. Call Director ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute the Deed of Easement in favor of the City of Vero Beach. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 7 MAY 71991 83 Os MAY 7 1991 BOOK 83 FAEE 205 F. Amendment of Fees, Penalties and Procedures - Animal Control Ordinance The Board reviewed memo from Assistant County Attorney Terry O'Brien dated April 18, 1991: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney Cr/30 DATE: April 18, 1991 RE: AMENDMENT OF FEES, PENALTIES AND PROCEDURES RELATED TO THE ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE The Animal Control Division of the Department of Emergency Services is preparing to initiate the issuance of licenses. A review of Resolution 83-43, which established certain fees, penalties and procedures, shows that certain revisions are necessary since this 1983 resolution. The fees changes are as follows: Current m Proposed License fee unsterilized animsl $10.00 per year $40.00 per year Half year license After June 30 After April 30 Rabies prepayment fee $8.00 $15.00 A revised and superseding resolution has been prepared and is attached for your consideration.. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-57 amending fees, penalties and procedures related to the Enforcement of the Animal Control Ordinance as recommended by Staff. 8 RESOLUTION 91- 57 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING THE FEES, PENALTIES AND PROCEDURES RELATED TO THE ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE. WHEREAS, in Resolution 83-43 the Board of County Commissioners established certain fees, penalties and procedures related to the enforcement of the Animal Control Ordinance, and WHEREAS, these fees, penalties and procedures have not been revised since 1983 and, therefore, adjustments are necessary to reflect changed circumstances; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The fees, penalties and procedures established in Resolution 83-43 are hereby superseded by this Resolution. 2. The fees, penalties and procedures are revised as follows: a. Licensing Feei 1. Female or male, dog or cat, initial or renewal license, not sterilized -- $40.00 per year. 2. Female or male, dog or cat, initial or renewal, sterilized -- $5.00 per year. 3. Half price to be assessed for issuance of any initial license after April 30th of a licensing year. 4. All renewals shall be at full price per category. 5. Additional late charge for licensing after date required by law -- $5.00. 6. Fee for issuance of duplicate license tag -- $3.00 7. There is no fee required for an animal license for the year in which the animal is sterilized. 8. There is no license fee required for police dogs (sheriff and municipal police departments), sight assisting dogs and hearing assistance dogs; however, said dogs are required to be licensed. 9 MAY 7 1991 � I BOOK 83 c BooK 8;J PAGE 207 9. All licensing fees are be paid to the Department of Emergency Services, Animal Control Division of Indian River County, Florida. b. Impoundment Fees $5.00 per diem or part thereof for all animals. c. Redemption Penalties in addition to Impoundment Fees 1. $15.00 for the first offense (of an owner) . 2. $30.00 for a second offense. 3. $60.00 for any third or subsequent offense. d. Impoundment fees and redemption penalties shall be paid during business hours at the Office of the Clerk of the Circuit Court, Indian River County Courthouse, 2145 14th Avenue, Vero Beach, Florida. Impoundment and redemption penalties shall be paid during non -business hours at a location to be designated by the Animal Control Director. e. An owner shall pay all actual expenses or fees incurred for which the County has obligated itself for additional care for quarantine or veterinary services as an impoundment fee, at ,time of redemption of the animal. f. Rabies vaccination prepayment fee for redemption shall be $15.00 per animal. g. All fees, penalties, charges and expenses shall be paid prior to release of an animal from an impoundment facility. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Eggert follows: , and, upon being put to a vote, the vote was as Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Margaret O: Bowman Commissioner Carolyn K. Eggert Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 7 day of ' M a y ` , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman 10 G. Release of Utility Liens The Board reviewed memo from Lea Keller, CLA dated April 22, 1991: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: April 22, 1991 ''.RE: • CONSENT AGENDA - B.C.C. MEETING 5/7/91 RELEASE OF UTILITY LIENS I have prepared the following lien related documents and request that ,.:the Board authorize the Chairman to sign them: N• Releases of Special Assessment Liens from SUMMERPLACE WATER PROJECT in the names of: WEIR DOBSON 2.., . Release of Special Assessment Lien from ROCKRIDGE SEWER PROJECT in the name of: BARHAM 3. Release of Special Assessment Lien from SEMINOLE SHORES, ST. CHRISTOPER HARBOR, AND ANGLERS COVE PROJECT in the names of: LAURITO & PULLANO 4. Satisfaction of Impact Fee Lien Extension in the name of: DOBSON HARRELL HARMON Additional back-up information is on file in the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved and authorized the Chairman to execute the Releases of Special Assessment Liens and Satisfactions of Impact Fee Lien Extensions as listed above. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 11 MAY 7 1991 Eoor G`F' ` f. `'r MAY BOOK 83 PAGE 209 H. Comprehensive Plan Amendment to Utilities Connection Matrix The Board reviewed memo from Planning Director Stan Boling dated April 29, 1991: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: e 97,1. obert M. Kea ing ICP Community Develop ent Director :•,.-Stan Boling; SAP `,Planning Director DATE: -' :' , April 29, 19 91 C'SUBJECT: REQUEST FROM PROFESSIONAL SERVICES ADVISORY COMMITTEE.TO HAVE STAFF INITIATE A COMPREHENSIVE PLAN AMENDMENT TO THE UTILITIES CONNECTION MATRIX It s requested that the data herein presented be given formal -consideration by the Board of County Commissioners at its regular meeting of May 7, 1991. 'BACKGROUND: TheProfessional Services Advisory Committee (PSAC) has voted to ryrecommend that the Board of County Commissioners consider amending a portion of the Utilities Connection Matrix. The PSAC also has recommended that the Board direct and authorize staff to initiate the amendment request, on behalf of the county, during the July, 1991 Comprehensive Plan amendment submission timeframe window. ANALYSIS: At March and April 1991 PSAC meetings, staff and the PSAC discussed changing the Connection Matrix. The PSAC has expressed valid concerns that should be addressed via consideration of an amendment request. The PSAC is recommending that the Board change a connection threshold standard from 5,000 sq. ft. of gross floor area to 2,000 gallons per day (gpd) wastewater flow. In conjunction with the new standard, other requirements would be specified that commit a developer to future utilities connection(s). The PSAC 1 recommendation is not to abolish the matrix but to adjust one threshold requirement now contained in the matrix. Planning staff is in the process of coordinating with the Utilities and Environmental Health departments to review the proposed amendment. r. The PSAC is continuing to review and provide "back-up" materials to -support its recommendation. - 12 Final and specific recommendations from the PSAC and staff will be presented at the time the Comprehensive Plan amendment is actually considered. However, at this time, the Board only needs to direct staff to initiate the amendment process so that the PSAC request can be considered during the next round of Comprehensive Plan amendment requests. RECOMMENDATION: Staff recommends that the Board authorize and direct staff to initiate a Comprehensive Plan amendment request to consider a change to the Utilities Connection Matrix and associated policies, as recommended by the PSAC. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized and directed staff to initiate a Comprehensive Plan amendment request to consider a change to the Utilities Connection Matrix, as recommended by the PSAC. I. Budget Amendment 035 - Radiological Grant The Board reviewed memo from OMB Director Joseph Baird dated April 30, 1991: Members of the Board of County Commissioners DATE: April 30, 1991 SUBJECT: BUDGET AMENDMENT 035 - RADIOLOGICAL GRANT CONSENT AGENDA :THROUGH: , Joseph A. Baird OMB Director FROM: ' Irene E. Lewis (\ Budget Analyst • pESCRIPTION AND CONDITIONS ,In the meeting of August 21, 1990, the Board of County Commissioners approved an agreement between the State of Florida Department of Community Affairs and Indian •River County which states the County shall receive an amount not to exceed $46,039 for performing certain Emergency Management functions to comply with U.S. Nuclear Regulatory Commission. The attached budget amendment appropriates the funds for the actual amount of the grant. RECOMMENDATION Staff recommends that the Board of County Commissioners approve budget amendment 035. 13 L May 7 1991 � MAY 7 1991 BOOK J PAEE 211 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 035 as recommended by Staff. TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER.: 035 FROM: Joseph A. Baird DATE:. April 29. 1991 OMB Director PP ,-. 1 Entry Number Funds/Department/Account Name ; Account Number ; Increase , Decrease 1. REVENUE • `°°`` GENERAL FUND Disaster Pre•aredness 001-000-342-041.00 46 039 0 '�w,,:•E�i?,p�. :irk_ t•+wq,. `N.2. '` ' EXPENSE axle- I GENERAL FUND/EMS V`'Salary & Fringe Benefits 001-208-525-037.21 S 20.709 S 0 iSurmlies ' 001-208-525=037.23;'$ 250 ,$ 0 ` i Eauipment Maintenance = 001-208-525-037.24 S 350 $ 0 Y ' Instructor 001-208-525-037.3115 0 $ 250 J L . ."r'" ::': L. Supplies 001-208-525-037.33 S 43 $ 0 r,`!';' { Sal. -Emg. Response 001-208-525-037.34 $ 0 $ 2.064 0)4'-'r Contract Service "' 001-208-525-037.41 $ 5.320 $ 0 ''# '' Telephone ' '` 001-208-525-037.44 S 0 $ 50 Washdown Equipment 001-208-525-037.46 S 4.650 .$ 0 Cash Forward -September 30 001-199-581-099.92 S 17,081 S 0 J. Budget Amendment 001 - Matching Funds for Anti -Drug Abuse Grant The Board reviewed memo from OMB Director Joseph Baird dated April 29, 1991: 14 TO: Members of the Board of County Commissioners DATE: April 29, 1991 `SUBJECT: BUDGET AMENDMENT 001 • CONSENT AGENDA ;FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS in ine ,meeting of October 16, 1990, the Board of County Commissioners approved the Anti -Drug Grant Agreements and the appropriation of Indian River County matching funds. The official Anti -Drug Agreement and budget amendment number 001 are not in the Clerk's records. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment number 001 and enter the agreements into the official record ON MbTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 001 as recommended by Staff. 15 MAY 7 1991 >•�� F.; —.2a� r j2s4 E�00� 3 MAY 71991 TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director BOOK 3 FW.6I..L CJS SUBJECT: BUDGET AMENDMENT NUMBER: 001 DATE: April 30. 1991 Entry ; Number! Funds/Department/Account Name REVENUE Account Number Increase Decrease` GENERAL FUND - New Horizons IRC Jail Substance Abuse Couns Intervention After Care Pro ' First Start Program 001-000-334-693.00 Just Sav No Program 001-000-334-694.00 s i s s 38 771 38 771 001-000-334-695.00!$ 21.516 001-000-334-696.001$ 17.447 $ 0 Substance Abuse Council 001-000-334-692.001$ 12,000 $ 2. EXPENSE GENERAL FUND - New Horizons Anti Drug Match 001-110-515-088.67 • Substance Council of IRC Admin. Jail Counseling Intervention First Start Program Just Sav No Program 001-110-562-088.69.$ 001-110-562-088.701$ 001-110-562-088.71 001-110-562-088.721$ 001-110-562-088.731$ 0 $ 42,836 16.0001$ 0 51.695 $ 0 51.695 $ 0 28.688 $ 0 23.263 $ 0 K. Miscellaneous Budget Amendment 036 The Board reviewed memo from OMB Director Joseph Baird dated May 1, 1991: 16 TO: Members of the Board • of County Commissioners DATE: ` May 1, 1991 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 036 CONSENT AGENDA FROM: Joseph A. Baird OMB Director • DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: Funds for the 14th Street Canal Dredging were budgeted in 1989/90 fiscal year. A Turbidity Test during the dredging was to satisfy requirements set forth in the DER permit. 2. In the meeting of October 16, 1990, the Board of County Commissioners approved the FY -91 Hazardous Material Emergency Planning Agreement. This entry appropriates the funding. 3. United Artist Cable donated $1,500.00 to the Main Library for audio visual equipment. This entry is to appropriate this donation. 4. The attached entry is to appropriate the remaining $80,000.00 of the Lowenstein bequest to purchase genealogy books. 5. Transfer money from the library construction fund to library operations for items that are not classified as capital, but are part of the Library construction money (e.g. automation material, library materials, items under $200.00). 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 036 as recommended by Staff. 17 tlAY 71991 9p 1 PP - 11I Y 7 1991 TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director BOOK83 P.,� : 1'�' � � 5 SUBJECT: BUDGET AMENDMENT NUMBER: 036 DATE: Malt 20. 1991 Entry dumber! Funds/Department/Account Name 1. !REVENUE Account Number Increase Decrease ;M.S.T.U./Parks !Cash Forward -October 1 004-000-389-040.00 $ 1.020.00 ,S 0 ;EXPENSE 'M.S.T.U./Parks :Other Professional Service 004-210-572-033.19 1.020.00 0 2. REVENUE GENERAL FUND/EMS Jaz. Mat. -Em. Pla nin• Gra t X001-000-334-29 .00 6 793.00 ,EXPENSE !GENERAL FUND/EMS ;Office Furn. & Eauipment 001-208-525-066.49,$ 6,793.00.$ 0 3. ;REVENUE GENERAL FUND Donations 001-000-366-095.00 1 500.0 EXPENSE GENERAL FUND/Main Library Audio Visual 001-109-571-035.48 $ 1,500.00 0 4. REVENUE GENERAL FUND Funds Transfer In 001-000-381-020.00 $ 80.000 0 EXPENSE GENERAL FUND/Main Library Elderly Books LIBRARY CONST./Main Library Transfer Out Construction In Progress 001-109-571-038.31 322-109-581-099.21 322-109-571-066.51 $ 80.000 $ 80.000 $ 0 0 $ 0 $ 80.000 5. REVENUE GENERAL FUND Funds Transfer In • 001-000-381-020.00 $ 112.000 0 EXPENSE GENERAL FUND/Main Library Books 001-109-571-035.45 $ 60,000 $ 0 Operating Supplies 001-109-571-035.29 $ 2,000 $ 0 GENERAL FUND/N. Cty. Library New Library Materials 001-112-571-039.47,$' 50.000 0 LIBRARY CONSTRUCTION/M. Library Construction In Progress Transfer Out LIBRARY CONST./N. Cty. Library Construction In Progress ;Transfer Out. 322-109-571-066.51 $ 0 322-109-581-099.21 $ 62,000 $ 62,000 $ 0 322-112-571-066.51 0 $ 50.000 322-112-581-099.21,$ 50.000 ;$ 0 18 L. Surplus of JACO Fire Apparatus Emergency Services The Board reviewed memo from Purchasing Manager Fran Boynton dated April 23, 1991: DATE: April 23, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: Janes E Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: • Fran Boynton, Purchasing Manager SUBJ: Surplus of JACO Fire Apparatus Emergency Services BACKGROUND: The Emergency Services Department requests that the 1970 JACO Fire Apparatus be declared surplus due to the cost of repairs and parts are no longer available. (See attached new.) FUNDING: r- t The monies received fran this sale will be returned to the appropriate accounts. RECMIDATION: Staff recommends that authority be granted to declare the above surplus and authorize staff to dispose of by sealed competitive bid. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously declared the above surplus and authorized staff to dispose of same by sealed competitive bid as recommended by Staff. M. I.R.C. Health Unit Change Order #5 The Board reviewed memo from General Services Director Sonny Dean dated April 30, 1991: 19 MAY 7 1991 F'�uL MAY tg. BUOk PALE DATE: TO: THRU: .• .APRIL 30, 1991 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER "•COUNTY ADMINISTRATOR FROM:;•;`'• H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT:.'INDIAN RIVER COUNTY HEALTH UNIT CHANGE ORDER NUMBER FIVE BACKGROUND: - .The following Proposal Requests are hereby submitted for the subject ;.project which will necessitate a change order to the contract with ,Miorelli Engineering and Indian River County. P.R. 35 - Moved walls 'and enlarged door openings to accommodate ,specified doors. Cost of $139.13 and no additional time. 39 -'Item 1. Changed doorsin restrooms to match door :schedule. .Cost of $2,0240.0 and no additional time. 'Item 2. Extended concrete over infiltration ditch in parking lot. Cost of $797.00 and no additional time. P.R. P.R. 40 - Changed light fixtures in two rooms to accommodate slab. Cost of $110.83 and no additional time. P.R. 41 - Redig and install storm water drain pipe section. $236.00 and no additional time. ANALYSIS: concrete Cost of Net effect on the original contract would be an increase of $3,375.00 or a total contract price of $2,444,906 and no additional days. Completion date remains at May 10, 1991. RECOMMENDATIONS: Staff recommends Board approval of Change Order as submitted and requests authorization for the Chairman to execute the documents. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Change Order #5 with Miorelli Engineering for the Public Health Unit and authorized the Chairman to execute the documents as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 20 N. I.R.C. Bid #91-54 - North Beach A1A Water Line Extension The Board reviewed memo from Purchasing Manager Fran Boynton dated April 24, 1991: DATE: TO: THRU: FROM: SUBJ: April 24, 1991 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General -Services Fran Boynton, Purchasing Manager je IRC Bid #91-54/North Beaches A -1-A Water Line Assesment Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION LUMP SUM PRICE :1. G.E. French $138,715.50 Okeechobee 2. Owl & Assoc. $166,215.00 Vero Beach 3. Speegle Const. $167,000.00 Cocoa 4. Layrite Const. $169,086.98 Stuart 5. Schopke Const. $178,287.00 Melbourne 11.Volusia Const. $195,515.00 S. Daytona TOTAL AMOUNT OF BID: SOURCE OF FUNDS: RECOMMENDATION: March 6, 1991 Sixteen (16) Vendors Twelve (12) BID TABULATION 6. Ted Myers Winter Bch LUMP SUM PRICE $181,301.95 7. Hegla Const. $183,537.50 Pompano Bch 8. Derrico Const. $184,385.00 Melbourne 9. Belvedere $185,341.25 West Palm Beach 10. Utility Sys S. Daytona 12. JoBear, Inc Palm Bay $138,715.50 Impact Fees $188,295.00 $217,691.50 Staff recommends that the bid be awarded to G.E.French as the lowest, most responsive and responsible bidder meeting spec- ifications, and request authorization for the Chairperson to execute the contract. 21 MAY 7 1991 NOOK OJ PA1,E. MAY 7 1991 Koch 83 F;',GE ?1Di ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded IRC Bid #91-54 in the amount of $138,715.50, to G. E. French as the lowest, most responsive and responsible bidder meeting specifications and authorized the Chairman to execute the contract as recommended by Staff. (SAID CONTRACT NOW RECEIVED AND PLACED ON FILE IN THE OFFICE OF CLERK TO THE- BOARQ) --_ O. I.R.C. Bid #91-62 - 8th Street Water Main Extension The Board reviewed memo from Purchasing Manager Fran Boynton dated April 23, 1991: DATE: TO: THRU: •. FROM: "SUBJ: April 23, 1991 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi Fran Boynton, Purchasing Manager IRC Bid #91-62/8th Street Water Main Extension Utilities Department BACKGROUND INFORMATION: tBid Opening Date: ISpecifications mailed to: Replies: 1BID TABULATION "1.. Driveways $ 92,470.99 Titusville 2. Owl & Assoc.. $ 98,752.00 Vero Beach LUMP SUM PRICE . G.E. French $112,555.22 ••,Okeechobee . Speegle Const. $123,000.00 Cocoa April 10, 1991 Fifteen (15) Vendors Eight (8) BID TABULATION 5. Layrite Stuart 6. Ted Myers Winter Beach 7. Utility Sys S. Daytona 8. JoBear Palm Bay LUMP SUM PRICE $137,463.00 $138,762.87 $146,355.00 $150,381.95 TOTAL AMOUNT OF BID: $ 92,470.99 SOURCE OF FUNDS: Impact Fees ESTIMATED BUDGET: $159,000.00 RECOMMENDATION: Staff recommends that the bid be awarded to Driveways, Inc. as -the lowest, most responsive and responsible bidder meeting spec- ifications, and request authorization for the Chairperson to execute the contract. 22 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded IRC Bid #91-62 to Driveways, Inc. as the lowest, most responsive and responsible bidder meeting specifications, and authorized the Chairman to execute the contract, as recommended by Staff. SAID DOCUMENT WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED f 1 COMMISSION MEETING CANCELLATION Commissioner Eggert announced that both she and Commissioner Scurlock will be gone the week of June 23. Commissioner Bowman added that she, also, will be gone that week. Therefore, lacking a quorum, the Regular Meeting scheduled for June 25 will be canceled. PARAMEDIC JOE WALLS REQUEST TO SPEAK The Board reviewed memo from Emergency Services Director Doug Wright dated April 22, 1991: TO: Board of County Commissioners THRU: 'James} E. Chandler ;County Adminis rator FROM:<.D• oug Wright, Director Emergency Services DATE: April 22, 1991 SUBJECT: Paramedic Joe Walls Request to Speak Before County Commission in Gratitude for Support and Compensation during Operation Desert Storm Indian River County Paramedic Joe Walls was called to active military duty for Operation Desert Storm on January 16, 1991, and served until April 4, 1991. He has respectfully requested permission to speak very briefly to the County Commission of May 7, 1991, to personally thank the Commissioners for the additional compensation and support received during his tour of active military duty. It is recommended that this matter be added to the Commission agenda for May 7, 1991. Second Class Petty Officer Joe Walls came before the Board, wishing to express his thanks to the Board for the extra check sent 23 LMAY 7199' MAY 7 99i 1 83P4E221 to his wife from the County. He said when he had called his wife and she told him about receiving the check "it made my day," and eased his worry about her. He was thankful for phone calls from other paramedics and Jim Judge and Rick Villers to his wife inquiring after her well-being and offering assistance if she needed anything. He was grateful for the assistance not only during his time in Saudi Arabia but also for the help from Tom in Personnel in getting back to work in a timely manner and with no problems. Chairman Bird thanked Mr. Walls for the tremendous job he did "over there" and welcomed him back as part of our community. POWER REQUEST TO REZONE PROPERTY FROM A-1 AND RS -1 TO AIR -1 The hour of 9:05 o'clock A. M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of at -444.010/) in the Court, was pub- Iished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published'at Vero Beach, in 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1 Sworn to and subscribed before me this (SEAL) day of'. A D 19 1/ ',�.�d (Business Manager) Altit r, 540.ic:, -n Ficrdcat. Juno 29, iW 24 -577/r NOTICE - PUBLIC HEARING .•: "• Notice 'of hearing to consider the adoption of a 'county ordinance rezoning land from: RS -1,S ngle- Family Residential District to AIR -1, Airfield/Residen- tial irfield/R diddeenn- tial District. The subject property is the Indian River Aerodrome Subdivision, Units 1, 2, and 3, and is lo- cated west of 82nd Avenue on 5th Street S.W. A public hearing' et which parties in. Interest and citizens shall have en opportunity to be heard, will be held by the Board of County Commissioners of ChambersIndian RiverCounty, Florida, in the County Commis- sion of the County Administration Build- ing, located at 1840 25th Street, Vero Beach, FIor- ida on t 9:05 a.m. The Board of CouMaynty Commissioners may adopt a less intense zoning district than the district re- quested provided it Is within the same general use category Anyone who may wish' 10 appeal any decision which may be made.at this Meeting will need.to en- sure that a verbatim record of; the proceedings is made, which Includes testimony and evidence upon which the appeal is based. • . Indian River County ' Board County By : -s -Richard N. Bird, Chairman Aprn'l8.. 1991 • 788348 am Community Development Director Bob Keating made the following presentation: TO: THRU: FROM: James Chandler County Administrator DIVISION HEAD CONCURRENCE Sasan Rohani SrL. • Chief, Long -Range Planning Cheryl A. Twore Senior Planner, DATE: April 26, 1991 Range Planning RE: POWER REQUEST TO REZONE PROPERTY FROM A-1 AND RS -1 TO AIR -1 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 7, 1991. DESCRIPTION AND CONDITIONS This is a request to rezone the Indian River Aerodrome Subdivision, Units 1, 2 and 3, from A-1, Agricultural District (up to 1 unit/5 acres) and RS -1, Single -Family Residential District (up to one unit/acre) to AIR -1, Airfield - Residential District. The subject subdivision is located on 5th Street S.W., west of 82nd Avenue. Originally, the applicants, Vince and Carol Power, requested to rezone their property, Lot 46 of Unit 3, to AIR -1. Staff's initial review of the request resulted in a determination that rezoning only one lot, centrally located within the subdivision, would create spot zoning. •A more viable solution would be to rezone the entire subdivision, which would conform with the intent of the AIR - 1 zoning district. In cooperating with staff's recommendation to rezone the entire subdivision, Mr. Power met with the Indian River Aerodrome Property Owner's Association and asked them to support the rezoning. • Attached is the letter from the Association acknowledging the rezoning of the entire subdivision to AIR -1 (Attachment 4).. On March 14, 1991, the Planning and Zoning Commission voted 5 to 0 to recommend the approval of staff's recommendation to rezone the entire Indian River Aerodrome Subdivision, Units 1, 2, and 3, to AIR -1. Existing Land Use Pattern The Indian River Aerodrome Subdivision is an overall 56 lot, 3 unit subdivision with an airstrip for the take -off, maneuvering and landing of privately owned aircrafts. The subdivision contains single family residences; Units 1 and 2 are currently zoned A-1, and Unit 3 is zoned RS -1. South of the subdivision is -vacant land zoned RS -1. North, east,and... west are agriculturally zoned properties containing citrus groves and vacant land. Further west is the Interstate 95 right-of-way and additional agriculturally zoned land. 25 MAY 7 1991 MAY 7'199i BOOK ` 4 d�C'�1 Future Land Use Pattern The Indian River Aerodrome Subdivision is designated as L-1, Low - Density, on the county future land use map. This designation permits a variety of low-density residential zoning categories, up to 3 units/acre. The property north and east also share this land use designation. The property west is the Interstate 95 right-of- way; this right-of-way and lands further west have an AG land use designation. Vacant land lies adjacent to the south boundary of Unit 3, and the Oslo Road and 74th Avenue S.W. Commercial/ Industrial Node lies south along Oslo Road. The Air -1 District The AIR -1 District is a new district which was created by the new Land Development• Regulations. As adopted, the AIR -1 district is consistent with the AG -1, AG -2, AG -3, R, and L-1 (with an existing ~airstrip) land use designations. .The creation of the AIR -1 district came about when the Board of 'County Commissioners directed planning staff to create a zoning district which could accommodate airstrip communities in the 'county. Prior to establishment of the AIR -1 district, none of the 'county's zoning categories had ever addressed the issue of special 'setbacks for hangars. In developing the AIR -1 district, planning `staff researched problems that had occurred with the development of `the Aerodrome Subdivision. One of the problems identified related :.to setbacks. Aerodrome Units 1 and 2, zoned A-1, Agricultural District, and Unit 3, zoned RS -1, Single -Family Residential ''District, all of which have thirty (30) foot rear and twenty (20) foot side setbacks, provided constraints for hangar construction. These setbacks did not provide sufficient room for aircraft hangars; consequently, property owners were required to apply for variances to required yard setbacks in order to construct hangars. • After several variance requests, the Board of County Commissioners asked the planning staff to provide a better solution for this unique residential community. As a part of the new Land Development Regulations, the AIR -1 zoning district was created. The AIR -1 zoning district requires all development to follow the dimensional criteria as indicated in Chapter 911, Zoning, of the Land Development Regulations. Dimensional criteria are the minimum building standards applicable to a lot within a specific zoning district. Dimensional criteria include such standards as: minimum lot size, required yard setbacks, required minimum open space, and maximum buildable height. The AIR -1 zoning is unique because it provides different criteria, depending on the underlying land use designation of the property. Since AIR -1 zoning is permitted in the AG -1, AG -2, AG -3, R, and L-1 (with existing airstrip) land use designations, there are five separate sets of dimensional criteria. The specific set of dimensional criteria applicable to AIR -1 zoned property is dependent upon the underlying land use designation of the property. The Aerodrome development is located in the L-1 land use • designation and would follow the AIR -1 criteria for property located in the L-1 land use, as indicated in Chapter 911, Zoning, of the Land Development Regulations. WO Environment The subject property and most of the Aerodrome development lie within a flood zone. The remainder of the Aerodrome development'is outside the flood zone as depicted by the Flood Insurance Rating Maps (FIRM). The Aerodrome development has not been designated as environmentally important or environmentally sensitive by the comprehensive plan. 26 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 entire Aerodrome development accesses 82nd Avenue S.W. via 5th Street S.W. This portion of 5th Street S.W. is a private local 'road with sixty (60) feet of road right-of-way. This segment of :82nd Avenue is a two lane paved road with eighty (80) feet of road ''right-of-way at the present time. 'ANALYSIS 'In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of: '=.'.. o ` compatibility with surrounding areas concurrency of public facilities o consistency with the comprehensive plan ,o potential impact on environmental quality • :This section will also consider alternatives for development of the site. 'Concurrency of Services and Facilities The services necessary to accommodate the. Aerodrome development, including water, wastewater, drainage, solid waste, parks, and transportation, will not increase with the proposed zoning since there is no increase in density proposed. This is consistent with Future Land Use Policy 2.7, which requires development projects to maintain established levels of service. Adopted levels of service will be maintained; therefore, this rezoning is exempt from concurrency determination. Compatibility with the Surrounding Areas The original request was for the rezoning of a single, 1.5 acre lot in Unit 3 of the Aerodrome development. As such, staff looked at the single lot request in relation to the entire subdivision. Currently, the Indian River Aerodrome Subdivision is split into two zoning districts. Rezoning the one lot would constitute spot zoning. Therefore, planning staff recommended to the Planning and Zoning Commission that the entire Aerodrome development be rezoned to AIR -1. The basis for creating the AIR -1 zoning category for existing and .future airfield -residential communities was to resolve the side and rear yard setback problem for airplane hangars. By rezoning the entire subdivision, there will be only one set of standards relating to the development of the lots. The entire subdivision is buffered to the west by Interstate 95 and is adjacent to a commercial/industrial area located to the south. Property to the east is citrus groves. Rezoning the entire subdivision -would bring all of the lots into compliance with setback requirements; this will eliminate variance requests for hangar setbacks. Since the subdivision is.substantially developed and no change of use 'is involved, staff feels that the requested rezoning of the Aerodrome development is compatible with the surrounding area. 27 MAY 7 1991 BOOr. I'b )L pro.+ MAY 7 i991'' BO's F4GE ` c Consistency with the Comprehensive Plan 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. The purpose of the AIR -1 District is to accommodate the unique characteristics of an airstrip subdivision, one of these characteristics being single-family residences with aircraft hangars. As such, the existing density of the Aerodrome Subdivision shall remain the same. The existing density is consistent with Future Land Use Policy 1.11, which allows urban and ,suburban scale development within the urban service area and in proximity to existing urban centers. The rezoning would also be .consistent with Section 911.12(4) of the Land Development Regulations, which identifies and regulates the "Airfield/Residential District. CONCLUSION 'Rezoning of the entire Aerodrome Subdivision, Units 1, 2, and 3 to AIR -1, Airfield/Residential District, would provide consistency between the development of the lots and the county's Land Development Regulations regarding special setbacks for aircraft hangars. Not only would rezoning the entire Aerodrome development unify the site under one zoning category; it would also serve to implement the comprehensive plan by maintaining consistency with .the land use designations of Aerodrome. The rezoning is compatible with the surrounding areas, is consistent with comprehensive plan "policies, meets concurrency requirements for public facilities and ' has no potential impact on environmental quality. Therefore, "planning staff support the rezoning of the entire Aerodrome development. RECOMMENDATION Based on the analysis performed, staff recommends that the Board of County Commissioners approve staff's recommendation to rezone the entire Aerodrome Subdivision, Units 1, 2 and 3, to AIR -1. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 91-14 amending the zoning from A-1 and RS - 1 to AIR -1 for the Indian River Aerodrome Subdivision, Units 1, 2, and 3. 28 ORDINANCE NO. 91-14 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 AND RS -1 TO AIR -1 FOR THE INDIAN RIVER AERODROME SUBDIVISION, UNITS 1, 2, AND 3, GENERALLY LOCATED WEST OF 82ND AVENUE S.W. ON 5TH STREET S.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 consistent 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: The Indian River Aerodrome Subdivision, Unit 1, Plat Book 8, Page 55; and The Indian River Aerodrome Subdivision, Unit 2 Plat Book 8, Page 91; and recorded in recorded in The Indian River Aerodrome Subdivision, Unit 3, recorded in Plat Book 12, Page 45; of the Public Records of Indian River County, Florida; said lands lying and being in Indian River County,"Florida. Be changed from A-1 and RS -1 to AIR -1. 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 7 day of May , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 16 day of April , 1991 for a public hearing to be held on the 7 day of May , 1991 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Scurlock , and adopted by the following vote: 29 MAY 7 1991 BOOK 83 FAL 'fit- E''' MAY 17) ORDINANCE NO. 91 - 14 Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Carolyn K. Eggert Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Ave Ave Ave Ave Ave EOOK 83 fAGE 2 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY and N. Bird, Chairman FRANK LIGGIERI REOUEST TO REZONE .127 ACRES FROM CG TO RM -10 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 in the matter of in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this >lday o � A.D. 19 9 (SEAL) (Business Manager) 30 5.46106 Judou Y ST. NOTICE - PUBLIC HEARING Notice of hearing tooNcoonsider the adoptlon of a countordIntuice rezng land from: CG, General CCom y District to RM -10, Multiple-FFaamily Resi- dential District The subject property Is Presently ownedFrank and. Concede LI 1 lo- cated vet of ,7th Court and South of 15th Street. The subject for parkin Block Cofof Sunshine as ty Hanes Std division - Unit 2 as shown In plat book 5, page 63 of the public records of Indian River County, Florida A publlc,heartng at which parties in interest and citizens shall have an'dpportuNry to be heard, win bbehRamthe bheld by . Board of County Commissioners of IndoIndiCCo� thF�Co� !the County Commis- Build- ing, located -at 1840 25th S�treetA V�eros BBearaacch Flor- ida on Tuesday, May 7,,1991,;at 9:05 a.m. ' 'The Board of County Commissioners may adopt a • less Intense zoning district than the district re- quested provided It Is within the same general use category..,. Anyone who may wish to appeal any decision which maybe made at this meeting will need to en- sure that a verbatim record of the' proceedings Is made, which includes testimony and'evidence upon which the appeal Is based. , Board of County Commissions B :: s -Richard N. Bird, Chairman April 18.1.991 : • .• 788344 807 Community Development Director Robert Keating made the following presentation: James Chandler County Administrator DIVISION HEAD CONCURRENCE Sasan Rohani 5./. Chief, Long -Range Planning Christy Fischer GCGC Staff Planner, Long -Range Planning April 29, 1991 FRANK LIGGIERI REQUEST TO REZONE APPROXIMATELY .127 ACRES FROM CG TO RM -10 it is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 7, 1991. • . DESCRIPTION AND CONDITIONS This is' a request to rezone approximately .127 acres from CG, General Commercial District, to RM -10, Multi -Family Residential 'District (up to 10 units/acre). The property is located east of U.S. #1 and north of 14th Street. The subject property was part of ;the Sunshine Quality Homes, Unit II, plat which shows the subject :.property's location west of 7th Court and south of 15th Street. %Although 7th Court and 15th Street are depicted on the plat, those '.roads were never installed and do not exist in this area because the plat has been vacated. The Liggieris' were the original owners of Sunshine Quality Homes, Unit II. 'However, the Liggieris' did not want to use the small lots for single family residential development; rather, the Liggieris' intended to use the lots for multi -family development. Therefore, they requested and the county approved vacation of the Unit II plat. The subject property which is being considered for rezoning was originally platted as a park for use by the subdivision, and was dedicated to the county. Once the subdivision was returned to acreage by means of the plat vacation, the county no longer had use for the vacant park site. The Liggieris' then purchased the park from the county in order to assemble the subject property along with the vacated platted lots as acreage for multi- family development. On March 14,1.991, the Planning and Zoning Commission voted 5-0 to recommend to -the Board of County Commissioners that the request to rezone approximately .127 acres from CG, General Commercial District to RM -10, Multi -Family Residential District (up to 10 units/acre) be approved. Existing Land Use Pattern. The subject property is zoned CG, General Commercial District, and is vacant, cleared land. The property north and east of the subject property is vacant, residential land and is zoned RM -10, Multi -Family Residential District (up to 10 units/acre). The property to the south is vacant land with scattered single-family homes adjacent to 14th Street; it is zoned CG, General Commercial. The property to the west is vacant land zoned CG, General Commercial. Further west and also zoned CG are a bank and a tast food restaurant. 31 1991 BOOK f'A3E.44.O MAY 7 1991 RUUKF;�Gt Future Land Use Pattern The subject property is labelled as "park" on the commercial/industrial corridor map, that map serving as a supplement to the land use map in the comprehensive plan. In reviewing that map, it appears that the subject property is located within the corridor. Although the corridor boundary appears to include the subject property, staff feels that the subject property was not located in the corridor, but instead set off from the residentially (M-2) designated area adjacent to the corridor to reflect its park use. Based upon this determination, staff has 'concluded that the subject property has an M-2 land use 'designation. The properties north and east also share this land use designation. The properties to the south and west lie within ,the U.S. #1 Commercial/Industrial Corridor (Vero Beach to South •Relief Canal). Environment The property is not designated as environmentally important or environmentally sensitive 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; however, water and sewer lines do not extend to the site. Transportation System _ According to Plat Book 5, page 63, 7th Court was designated as a subdivision road linking up to 15th Street, adjacent to the subject property. Since that time, the Unit II plat has been vacated, including the road rights-of-way. Therefore, 7th Court and 15th Street in Unit II no longer exist. The paved portion of 15th Street begins at 6th Avenue and ends at lots 4 and 6 in Sunshine Quality Homes, Unit I. Fifteenth Street is designated as a subdivision road beginning at 6th Avenue and ending at lots 1 and 4 of Sunshine Quality Homes, Unit II. 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 services and facilities, consistency with the comprehensive plan and any significant adverse impacts on environmental quality. ' This section will also consider alternatives for development of the site. Concurrency Determination for the Public 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 and Land Development Regulations also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. - Transportation Fifteenth Street, or the road connecting the parcel to 6th Avenue, is a local road not on the Thoroughfare Plan Map. Sixth Avenue is 32 the closest thoroughfare plan road to 15th Street; 6th•Avenue is a collector road. A review of the traffic impacts that would result from the development of the property indicates that the existing level of service "C" or better on 6th Avenue would not be lowered. Development which could occur on the subject .127 acre parcel is estimated to generate less than 7.3 trips per day. The actual number of trips would depend on the number of units at the time of .development. Based upon staff analysis, it was determined that 6th Avenue 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. Utilities ,The site is within the urban service area; however; water and sewer ?lines are not available at this time. Since no ERU's for water and wastewater have been reserved as yet, 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 to meet the needs of his development. Solid waste service includes pick-up by private operators and disposal at the county landfill. The active segment of the landfill has a 4 year capacity, and the landfill has expansion capacity beyond 2010. . - Drainage . " All developments are 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 a 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 the 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 the additional park space that would be needed for the proposed rezoning and the existing surplus acreage by park type. This indicates that no additional park space will be needed; therefore the park concurrency test is met. PARK TYPE• PROJECT DEMAND (ACRES) SURPLUS ACREAGE Urban District .011 221.496 Community South .0033 13.8504 __ Beach .0033 76.8484_ River .0028 37.8504 Concurrency for drainage, roads, solid waste and parks has been met with the proposed zoning. Since water and wastewater lines are not available, the applicant has signed a developer's agreement to ensure that these facilities are provided. This is consistent with Future Land Use Policy 2.7, which requires development projects to maintain established levels of service. 33 MAY 7 1991 BOOK 81 MAY 7 I99 NOOK P,1u ';4:3 Im•acts on Surroundin. Uses and Consistenc with Com•rehensive Plan The proposed rezoning represents a negligible increase in density, and compatibility is not a major concern for this property. The applicant intends to develop the properties north and east of the parcel as multiple -family dwellings and plans to use the park tract as part of the development. The development to the west and south of the property is likely to be general commercial. Since multi - 'family developments undergo either site plan or PRD review, specific buffering would be addressed at that time. AL 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 1.14 of the Future Land Use :Element allows multiple -family development at 10 units/acre in 'Medium -Density Residential areas. The rezoning would further the .housing element objectives of providing a diversity of housing :types and densities. In addition to.a review of compatibility with surrounding uses and consistency with the comprehensive plan, environmental impacts of the proposed change are also reviewed. There are no significant impacts on environmental quality for this property. Conclusion_ 'The subject property is located in a land use area designated for Multiple -Family Residential development. With its designation as i a park tract, it is evident that the property was never intended to !be located within the U.S. #1 (Vero Beach to South Relief Canal) .Commercial corridor. Further evidence of this is indicated by the parcel size. Since the parcel is less than 5,500 square feet in size, it could not effectively be developed commercially. 'The owner of the park parcel is also the owner of Sunshine Quality Homes Subdivision, Unit II. It is the owner's intent to combine the properties and develop multiple -family housing. A zoning designation of RM -10 would facilitate this type of development and reflect the land use designation of M-2. Thus the proposed change in zoning would be consistent with county policies and existing land uses. • Recommendation Based on the analysis performed, staff recommends that the Board of r County Commissioners approve this request to rezone the subject property to RM -10. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 91-15 amending the Zoning Ordinance and accompanying zoning map from CG to RM -10 for the property located east of U.S. 1 and North of 14th Street and described herein. 34 ORDINANCE NO. 91- t5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, TO RM -10 FOR THE PROPERTY GENERALLY LOCATED EAST OF U.S. 1 AND NORTH OF 14TH STREET, AND DESCRIBED HEVIN, 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 consistent 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: The lot formerly reserved for park in Block C of Sunshine Quality Homes - Unit 2 as shown in Plat Book 5, Page 63 of the. Public Records of Indian River County, Florida. Be changed from CG to RM -10. 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 7 day of May , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 16 ' day of April , 1991 for a public hearing to be held on the 7 day of May , 1991 at which time it was moved for adoption by Commissioner Wheeler , seconded by Commissioner Eggert , and adopted by the following vote: 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 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Ric and N. B rd, Chairman 35 MAY 7 1991 BOOK 4�s MAY 7 iv BOOK FADE MIRAFLORES (33RD AVENUE) WATER LINE EXTENSION 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 personaily'appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a gee in the matter o G�24/)11"/ In the Court, was pub- Iished in said newspaper in the issues of /4 ws. Iff" Affiant 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAL) (Business Mana (Clef nth, -F-1 my'Br' ; .v Public, _ ';' ':, .i .r,(,m i.ra i;Y& rc.`; ; , lr+ a •'�,, , t's�.t 57// NOTICE Rot idocea River Cont, Florida, pry notice of PUBLIC HEARING scheduled for 9:05 A.M. on TUESDAY, MAY 7, 1991, to discuss a proposed relating to a SPECIAL ASSESSMENT PROJECT In Indian River County for the instaAaUon of a WATERUNE IN .MIRAFLORES (33RD AVE- NUE), and for special assessment pens to be made of record on the properties to be served. AAnayyone who may wish to appeal any decision which mbe made at this ensure that record of the�proceedngs needIs made, which includes testimony and evidence upon which the appeal Is based. - 788012 April 18, 23, 1991 807 The Board reviewed memo from Utility Services Director Terry Pinto dated April 23, 1991: 36 DATE: „TO:w. APRIL 23, 1991 _JAMES E. CHANDLER - COUNTY ADMINISTRATOR 'T':..TERRANCE G. PI 0 );, F UJ LIT • . ERVICES OS R, P.E. {'• ENVIRONMENTAL ENGINEER 'DEPARTMENT OF UTILITY SERVICES MIRAFLORES (33RD AVENUE) WATER LINE EXTENSION ..IRC PROJECT NO. UW -90 -21 -DS •PREPARED ':AND STAFFED BY:• ;• SUBJECT: BACKGROUND On April 9, 1991, the Board of County Commissioners approved Resolution 91-43 and 91-44 which contained the preliminary assessment roll and established the date of the public hearing for the subject project. Homeowners have been notified of the public hearing by certified mail. Resolution 91-43 was published in the Press Journal on April 15, 1991. ANALYSIS Design of the water distribution system is complete and the DER permit has been received.- Approval of Resolution III will confirm and approve the preliminary assessments. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III which affirms the preliminary assessment of the subject project. Director Pinto added this project is ready to go to bid. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-50 confirming the special assessments in connection with a waterline extension in Miraflores (33rd Avenue). 37 MAY 7 1991 LOOK a 3 PALE 23 RESOLUTION NO. 91-50 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATERLINE EXTENSION IN MIRAFLORES (33 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. 91-43, adopted April 9, 1991, determined to make special assessments against certain properties to be serviced by a waterline extension of the County located in Miraflores (33 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 Section 11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 91-44, on April 9, 1991, 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 complaints as to aid project and . said special assessments, and for the Board to act as required by Section 11-53, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Tuesday, April 16, 1991, and Tuesday, April 23, 1991 (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-52, Indian River County Code; .and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County • on Tuesday, May 7, 1991, at 9:05 a.m. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 38 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. 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. 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 Aye Vice Chairman Gary C. Wheeler Ay e Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 7 day of May , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /G�����-•4/ `/ Richard N. Bird Chairman SAID DOCUMENT, WITH ATTACHED ASSESSMENT ROLL, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD ORDINANCE ESTABLISHING ADDITIONAL PROCEDURES FOR PURCHASE OF REAL PROPERTY BY THE COUNTY 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: 39 MAY 7 1991 Soar MAY 7 199 VERO BEACH PIESS-JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter off" in the Court, was pub - /a: /91/ Iished in said newspaper in the issues of l.f� Affiant 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me thii�ay�bf (SEAL) A.D. 19 ff f!• i )„ (Business Manager) 4, r. (Clotic-ortheetreait-Cetift;-4aciia ver Ca m y lorida)-9-Y-. BOOK 83 PAGE 237 5/ 0/ _ r n Con o� of Indian The Board notice of a River ubll Cowtn. Florida. dhereby orprovides5a. P� Hearing soFcedu�d for 9:05 a.m. on Tuesday. May 7, 1991, to discuss the following proposedor- dinance entitled: AN ORDINANCE CO INDIAN RIVER cousin FLORIDA ESTABUSHING ADDmONAL PROCE- DURES FOR THE PURCHASE OF REAL PROP- ERTY Anyone who 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 testimony and evidence upon which the appeal is based. 787040 April 12,1991 PPoz A 807 County Attorney Charles Vitunac advised that this ordinance simply expands the options of the County when buying property. The County will no longer have to get appraisals for certain things and in cases where the County wants to buy something it states the manner in which the Staff should procure and it could be as simple as negotiating a contract. Commissioner Bowman asked why we did not include donations. Attorney Vitunac explained they are already covered. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 91-16 establishing additional procedures for the purchase of real property by the County. 40 ORDINANCE 91%1_6. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING ADDITIONAL PRO- CEDURES FOR THE PURCHASE OF REAL PRO- PERTY BY THE COUNTY. WHEREAS, Section 125.355, Florida Statutes, sets for the procedures for the purchase of real property by counties; and WHEREAS, said section provides for counties establishing additional procedures; and WHEREAS, the utilization of additional procedures could provide the County with greater flexibility in the acquisition of real property, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT. A new section 102.11 is added to the Code of Ordinance of Indian River County to read as follows: Section 102.11 Purchase of Real Property In addition to statutory methods and procedures for the purchase of real property, the County may acquire real property by bid, negotiated sale, or exchange. Where appropriate the County shall establish the value of the property by appraisal. SECTION 2. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions •of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. 'SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7 day of May OAY 7 1991 , 1991. 41 C' ' iF Ir1Ca�,ar�'Ls h1AY 7199@ BOOK This ordinance was advertised in the Vero Beach Press - Journal on the 12 day of A D r i 1 be held on the 7 day of M a y , 1991, for a public hearing to , 1991, at which time it was moved for adoption by Commissioner was seconded by Commissioner following vote: Eggert Scurl cock Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Don C. Scurlock , Jr Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert and the motion , and, adopted by the Aye Aye Ayet_- Ay Aye , BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairxpan_. "Z.:C21 PAGE ORDINANCE DESIGNATING THE OFFICIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY 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: 42 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a azdt,/, in the matter of in the Court, was pub - ['shed in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAL) A.D. 19 if__ (Business Manager) .(filer ircu i;o91t Taggy rConnty.florida)--- City Ct inmission Expires June 29, 1993 c5/7/7/ NOTICE . ;' The Board of County Commissioners of River County, Florida, hereby provides of a Public Hearing scheduled for 9:05 a.m. on Tuesday, May 7, 1991, to discuss the following proposed or- dinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, OR IN 1115 ABSENCE, VICE-CHAIRMAN OR BOARD DESIGNEE, IN THIS SUCCESSION, AS THE OFFI- CIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY IN THE EVENT OF NATURAL OR MANMADE DISASTER OR THE IMMINENT THREAT THEREOF: AUTHORIZING SUCH, OFFI- CIAL TO TAKE CERTAIN EMERGENCY MEA- SURES RELATING THERETO; PROVIDING SEV- ERABILITY; AND PROVIDING AN EFFECTIVE DATE. Anyone who may wish to wul any decision iWch may be made at this n will need to ensure that a verbatim record of the proceedings le made. which Includess testimony and evidence upas wt�ch_ thApreil 1991 is based M : i,'...f 1 . Commissioner Scurlock asked if this is not always provided in State Statute. Emergency Services Director Wright explained this ordinance is for continuity of government. Some of these are already specified to give the Commission the authority to declare these disasters, but Emergency Services wanted to pull together certain parts of our emergency plan to have these ordinances in place so if we do not have a quorum of the Commission, should some of these events occur, certain actions are authorized by this ordinance. Chairman Bird noted, and Director Wright agreed, it does not change the way our policy has been in the past. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. 43 MAY 71999 807 MAY 7 1991 BOOK 83 PAGE 24.x. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 91-17 designating the Chairman of the Board of County Commissioners or, in his absence, Vice Chairman or Board Designee, in this succession, as the official with Authority to declare a state of emergency, et cetera. ORDINANCE 91-17 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, OR IN HIS ABSENCE, VICE-CHAIRMAN OR BOARD DESIGNEE, IN THIS SUCCESSION, AS THE OFFICIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY IN THE EVENT OF NATURAL OR MANMADE. DISASTER OR THE IMMINENT THREAT THEREOF: AUTHORIZING SUCH OFFICIAL TO TAKE CERTAIN EMERGENCY MEASURES RELATING THERETO; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, because of the existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and destruction resulting therefrom, and In order to Insure the readiness of Indian River County to adequately deal with such disasters and generally provide for the protection of the public health, safety, and welfare and to preserve the lives determined to be In the best interest of Indian River County that provisions be made so that authority to take action exists, and WHEREAS, It is the intent of the County to designate a County official to declare a' local state of emergency In the event of a natural or manmade disaster, or in the imminent threat thereof, and to authorize certain actions relating thereto when a quorum of the Board of County Commissioners is unable to meet, 44 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. A new section 101.10 is added to read as follows: Section 101.10 Delegation of authority . to act in an eme Y (1) When a quorum of the Board of County Commissioners Is unable to meet, the Chairman of the Board of County Commissioners, or the Vice -Chairman in his absence, or the Board's designee in the absence -of the Chairman and Vice -Chairman, is hereby designated and empowered to declare by proclamation a local state of emergency :whenever he shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. (2) During the declared emergency, the Chairman or in his absence the Vice -Chairman, or in his absence the Board designee, is authorized to take such action permitted by law as the Board of County Commissioners could take under the circumstances. SECTION 2. SEVERABILITY. if any section, or If any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be constured to have been the legislative Intent to pass the ordinance without such unconsittutional Invalid or inoperative part. 45 MAY 7 1991 MULksiger MAY 7 1'991 law. BOOK 83 PAGE ,4 SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon becoming Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7th day of May, 1991. This ordinance was advertised In the Vero Beach Press -Journal on the 12th day of April, 1991, for a public heariing to be held on the 7th day of May, 1991, at which time it was moved for adoption by Commissoner Scurlock, and seconded by Commissioner Eggert , and adopted by the following vote: • Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner. Don C. Scurlock, Jr. Aye Commissioner Carolyn K. Eggert Aye BOARD OF -COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ORDINANCE PROVIDING FOR ACTIVATION OF DISASTER EMERGENCY PLANS 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: 46 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of 42.,,ittettehfi in the Court, was pub- lished in said newspaper in the issues of 47, /9/ Affiant 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, Commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before his (SEAL) nty,�F'1QrldaL -517 / The Board of NOTICE �y Commissloners of lndiart i. River County, Florida, hereby provides notice of a• Public Hearing scheduled for 9:05 am. on Tuesday. • May 7, 1991, to disarms the following proposed or- . • dinance entitled: - AN ORDINANCE OF INDIAN RIVER COON I'y, FLORIDA PROVIDING FOR THE ACTIVATION OF THE DISASTER EMERGENCY PLANS APPUCA- BLE TO INDIAN RIVER COUNTY AND ENUMER-• ATING ACTIONS THAT MAY BE TAKEN DURING SAID EMERGENCY. Anyone who may wish to appeal any dells on wNch' may be made at this meting will need to ensure that a verbatim record of the proceedings Is made, which Includes 'testimony theappeal and evidence upon which Apr012,1991 7137029':: Director Wright explained this ordinance specifies certain authorized actions of the Chairman or designee. Commissioner Bowman pointed out a typographical error. County Attorney Vitunac concurred and gave his assurance all typographical errors will be corrected. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 91-18 providing for Activation of Disaster Emergency Plans, with corrections as indicated by the County Attorney. 47 MAY 7 1991 807 BUG( 8t.1F',1GE"v) ORDINANCE 91-18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE.ACTIVATION OF THE DISASTER EMERGENCY PLANS APPLICABLE TO INDIAN RIVER COUNTY AND ENUMERATING ACTIONS THAT MAY BE TAKEN DURING SAID EMERGENCY. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. A new section 101.09 of the Code is added to read as follows: Section 101.09 Disaster Emergency Plans (1) A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to Indian River County and shall be the authority for use or distribution of any supplies, _equipment, materials, facilities assembled or arranged to be made available pursuant to such plans. (2) The following emergency measures may be taken during, the proclaimed- state of emergency with such limitation and conditions as deemed appropriate to protect the health, safety and welfare of the community: a. Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles. b. Establish curfews, including but not limited to the prohibition of or restriction on pedestrians and vehicular movement, standing and parking, except for the provisions of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility. emergency repairs and emergency calls by physicians. 48 c. Utilize all available resources of the county government as reasonably necessary to cope with the disaster emergency, including emergency expenditures. d. Declare certain areas off limits. e. Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. f. Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's Emergency Plan. g. Declare that duringan emergency it shall be unlawful and an offense against Indian River County for any person to use the fresh water supplied by the County or the City of Vero Beach for any purpose other than cooking, drinking or bathing. h. Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person operating within the County to charge more than the normal average retail price for any merchandise, goods, or services sold during the emergency. The average retail price at which similar merchandise, goods, or services was being sold during the ninety (90) days immediately preceding the emergency or at a mark-up which is a larger'percentage over wholesale cost than was being added to wholesale cost prior to the emergency. 1. Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. Reimbursement shall be within sixty (60) days and at customary value charge for the items during ninety (90) days previous to the emergency. j. Preceding or during the emergency request assistance of the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue, and traffic control. MAY 7 1 91 49 BOOK 83 PAU.E.246 KAP` ? 19911 BOOK 83 PAGE i?4 k. The powers enumerated in this section are illustrative and shall not be construed as a limitation on authority. SECTION 2. SEVERABILITY. If any section, or if any sentence, paragraph, phrase,.or word of this ordinance is for any.reason held to be unconstitutional, inoperative, or void, such holding' shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective 'on becoming law Approved and adopted by the Board of County Commissioners of Indian River County, .Florida, on this 7 day of May , 1991. This ordinance was advertised in the.Vero Beach Press -Journal on the 12 day of Aprji , 1991, for a public hearing to be held on the � day of _ May 1991, at .which time it was moved for adoption by Commissioner Fgagrt_i, and .seconded by Carmissioner Scurlock and adopted by the following vote: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Comm i ss loner Carolyn K. Eggert Aye Ave Aye Aye Aye_ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ORDINANCE ADDING A NEW CHAPTER 304 - LIFE SUPPORT SERVICES 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: 50 VERO REACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the Court, was pub- lished in said newspaper in the issues of lei, iv, ,11,1 Affiant 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, Commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ,Sworn to and pubscribed before me this (SEAL) .4. day p AD 19 el_ (Bu (fess Manager) < .rte ' � ;./AL1 -2, . 0 1€4434* -River -f Ce2tlMi010* 1hA OfJ ga aEf+fB �4 liuy c5/7./ / NOTICE The Board of County CammIssloners of ,Iridian; River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 a.m. on Tuesday, • May 7, 1991, to discuss the foUowIng proposed or- dnance entitled: • AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, ADDING A NEW CHAPTER 304 — UFEc SUPPORT SERVICES. 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 testimony and evidence upon which the appeal Is based April 12, 1991 787045 r r.'yr col %rrr tcie '% Emergency Services Director Wright described this ordinance as cleaning up the Code to make the Life Support Code consistent with the other codes. Commissioner Bowman pointed out typographical errors in Attachment A and was assured by Attorney Vitunac they would be corrected. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 91-19, adding a New Chapter 304, Life Support Services, with corrections as indicated by the County Attorney. SAID DOCUMENT, WITH ATTACHMENT "A", IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 51 MAS' 7 1991 BOOK 83 FADE ;)49 ORDINANCE 91-19 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW CHAPTER 304 - LIFE SUPPORT SERVICES. WHEREAS, Indian River County is in the process of enacting a new code of Ordinances, and WHEREAS, this ordinance has for its purpose the editorial transfer of Life Support Services from the old code to the new code, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. NEW CHAPTER A new Chapter 304, Life Support Services, as set forth in Attachment "A" to this ordinance is hereby adopted. SECTION 2. REPEAL Those portions of the Indian River County Code (1974) superseded or in conflict with the provisions herein adopted, in particular Chapter 61, are hereby repealed. SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, Invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on becoming law Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7 day of _ May , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the- 12 day of ApEi1 , 1991, for a 52 public hearing to be held on the 7 day of May 1990, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Carolyn K. Eggert _Aye Aye _Aye Aye_ Ave BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. BY G�e.l -.5/ `RfcFlard N. i3ir a rman ORDINANCE PROVIDING FOR UNIFORM PROCEDURES AND TREATMENT OF MUNICIPAL SERVICE BENEFIT UNITS PROVIDING STREET LIGHTING 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 ( in the matter of la in the Court, was pub- lished in said newspaper in the issues of /2, i7/' 7 i Affiant 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 at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 'Sworn to and subscribed before me this 41 xe LL day of A D 19 g i ly L 0 ,: ;j (SEAL) MAY 7 1991 , (Business Manager) (Clerk of thea Circ Iiit G ur,, ell Raver -County iorida)--. 53 4677/9/ The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 a.m. on Tuesday, May 7, 1991, to discuss the following proposed or- dinance untitled: AN ORDINANCE OF INDIAN RNER COUNTY, FLORIDA, PROVIDING FOR UNIFORM PROCE- DURES AND TREATMENT OF MUNICIPAL SER- VICE BENEFIT UNITS ' PROVIDING STRIA' LIGHTING. Andedsion which mmayybemmaadeatthsm wish to appeal to ensure that a verbatim record of the proceedings Is made, which includes testimony and evidence upon which theis based. • Apr11 1211991 787042 `¢ F3O tktUCc rL)L 807 NAVY 7 1991 BOOK 83 F.1GE 251 Commissioner Bowman and County Attorney Vitunac pointed out typographical errors in Attachment A to the ordinance and Attorney Vitunac suggested changes in wording on Section 200.04: where it now says "assessments shall be equal and uniform," it will be changed to "the assessments shall be fairly apportioned." Mr. Vitunac further commented that Assistant County Attorney O'Brien is currently rewriting our entire County Code and one of his charges was to try to bring together all the street lighting MSBUs and TUs into one format so they can be found easily in the Code and be standard from now on. It also gives you the power to specially assess or take a one -lump -sum cash payment by people who miss the deadline each year. As you know the State requires that these things be created by a certain deadline. It can lead to over a year's wait for people. If they really want the service this ordinance allows them to pay for it up front, so it's a good change. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 91-20 providing for Uniform Procedures and Treatment of Municipal Service Benefit Units providing Street Lighting, with corrections as indicated by the County Attorney. 54 ORDINANCE 91-20 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR UNIFORM PROCEDURES AND TREATMENT OF MUNICIPAL SERVICE BENEFIT UNITS PROVIDING STREET LIGHTING. WHEREAS, Sections 125.01(1)(q) and (r), Florida Statutes, grant the Board of County Commissioners of a non -charter county the power to establish a municipal service .benefit unit for any part or all of the unincorporated area of the county within which may be provided street lighting from funds derived from assessments within such unit only; and WHEREAS, over the years many such street lighting districts have been established; and , WHEREAS, orderly administration and logic dictate that there be, to the extent feasible, one uniform method of treating all street lighting districts, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: • SECTION 1. AMENDMENT. A new Title 11 "Taxes, Utilities and Special Districts" Chapter 200 - "Municipal Service Taxing or Benefit Units" Part 1 Street Lighting Districts as set forth in attachment A to this Ordinance is hereby adopted. SECTION 2. REPEAL. Those portion of the Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 21, are hereby repealed. SECTION 3. SEVERABILITY. If any section, or If any sentence, paragraph, phrase, or word of this ordinance Is for any reason held to be unconstitutional, Inoperative, or void, such holding shall not affect the reinalrning portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or Inoperative part. 55 MP y? 1991 BOOK `•' •�, r k MAY 7 1991 SECTION 4. EFFECTIVE DATE. QO PACE 253 This ordinance shall become effective on becoming Iaw. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7 day of May , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 12__ day of April , 1991, for a public hearing to be held on the 7 day of May 1991, at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Eggert , and adopted by the following vote: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler __ Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye Commissioner Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ,e �fiaTrman �� SAID DOCUMENT, WITH ATTACHMENT "A", IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PURCHASE — PROPOSED COURTHOUSE SITE The Board reviewed memo from County Administrator James Chandler dated April 23, 1991: 56 To: Board of County Commissioners :..THRU: James E. Chandler County Administrator ``FROM. ,,,.;Ass't. Randyto Dowling AdministratorREFERENCES. DATE: April 23, 1991 FILE: PURCHASE OF THE SOUTH SUBJECT: 33 FEET OF LOT 3, BLOCK 45 FOR THE PRO- POSED COURTHOUSE SITE Eyi; n�iYti:V,'... r JBACKGROUND i;;: ; x :The Board, during its December 18, 1990 regular meeting, approved the new -''' ""courthouse site and authorized staff to" proceed with land acquisition. The ; _=, Board approved and executed Bernice Meyer's (Lots 12 & 13, Block 44), Dave r .Whitfies (Lot 3, Block 44), and Janice Diggs' (Lot 10, ''`��' ``",• ld � 99 Block 45) Option F 41 Agreements during its February 19, .1991 regular meeting. The Board _:approved and executed Ed Schlitt, Trustee's (Lots 1 & 2, Block 45), Ennis & ate. ,;Gay Proctor's (Lot 3.1, Block 45), and Bernard and Norma Tedeson's (Lot ;'t "j13.1, Block 45) Option Agreements during its March 5, 1991 regular meeting. ''' 11The Board also approved and executed James and William Harshbargar's (Lots :.;4 & 5, Block 44) Option Agreement during the March 12, 1991 regular �� meeting, Patricia • Langbehn-Nelson's ( Lots 10 8 11, Block 44) Option Agreement during the April 2, 1991 regular meeting, and Vero Limited Partnership's (Lots 1, 2, & 14, Block 44 and Lots 4, 5, & 11, Block 45) Purchase Contract during the April 16, 1991 regular meeting. The proposed courthouse site consists of 15 parcels and 13 property owners. CURRENT Dr. Robert Moore, owner of the south 33 feet of Lot 3, Block an Option Agreement to sell his property for $199,800. consistent with the acquisition budget. This property is according to Chapter 73 F.S. and the Resolution of Therefore, a notice and public hearing are not required. negotiating with the remaining three property owners for parcels. 45, has signed This price is being acquired Condemnation. Staff is still the last three RECOMMENDATION Staff recommends the Board approve Dr. Moore's Option Agreement and authorize the_ Board Chairman to execute the agreement and all other necessary related documents. Chairman Bird inquired whether the phrase "within budget" refers to the budget based on the appraisalS of those particular pieces. Administrator Chandler clarified it is the budget as outlined, including closing costs, relocations and contingencies. On all of the property that we have acquired we are well within the overall budget. 57 MPIY 7 1991 ETRK: /� n'' F BRAY BOOK 83 PAGE &lb ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Dr. Moore's Option Agreement and authorized the Chairman to execute the agreement and all other necessary related documents. SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD APPROVAL OF COUNTY LAND ACOUISITION GUIDE The Board reviewed memo from Environmental Planning Chief Roland DeBlois dated April 26, 1991: ATO: James Chandler County Administrator ' DEQ ENT HEAD CONCURRENCE: t :n, .• .IA,.. ; . ' • ' t ` • obert M . Keating, 1;•;: ; `: - Community Develop nt iP' ector _ '4 :...6.:. D !:FROM: '"•.�, `�;,�i; Roland DeBlois, AICP ;�:�:s,or_d:; i'Chief, Environmental Planning j di;4' 1 u' . .:,DATE::: . April 26, 1991 1. Y... R.•.,'ri • • • s RE : :�; • Approval of the County MN - o' u1°.. Land Acquisition Guide IJ'Sa.. �;It is requested that the data herein be given formal consideration- �~:by the Board of County Commissioners at their regular meeting of FtMay 7,.1991. - DESCRIPTION & CONDITIONS Conservation Element Policy 6.5 of the County's Comprehensive Plan I'calls for the establishment of a "Land Acquisition Guide," to be ;.used as a procedural document by staff and advisory committee members in- making recommendations to the Board of County Commissioners regarding "environmentally significant "land acquisition. Further, Policy 6.5 identifies information to be contained in the Guide, including: factors to assess and prioritize acquisition proposals; a summary of various resource protection methods; and procedures calling for "non -acquisition" options of protection before out -right purchase is utilized. At their regular meeting on March 27, 1991, the County Land Acquisition Advisory Committee (LAAC) approved staff's draft of the Guide with a recommendation that the Board of County Commissioners grant final approval. As authorized by the Committee, staff have made minor, non -substantive revisions to the Guide since LAAC's sign -off. The final draft of the Guide is herein presented to the Board for final approval. 58 .ALTERNATIVES & ANALYSIS .In drafting the Land Acquisition Guide, staff reviewed several ,f'comparable guides, eventually using Volusia County's guide as a J. .,,base model. sThe draft Guide consists of five chapters and appendices which are ''summarized as follows. ',Chapter I sets forth the purpose of the Guide, as well as —objectives and policies to direct land acquisition actions. Chapter II describes the responsibilities and relationships of the Board of County Commissioners, the Land Acquisition Advisory Committee and county staff in carrying out the objectives and policies included In the Guide. An issue of discussion has arisen pertaining to the second paragraph on page 9 (of draft #3) of the Guide, under the heading of "Indian River County Board of County Commissioners" [responsibilities]. Specifically, the paragraph reads as follows: "..,...(The Board of County Commissioners] approves in writing only those acquisitions of environmentally significant lands proposed by the Advisory Committee. (The Board may approve or delete any project proposed by the Committee; however, the - -..,Board may not add or expand projects on the prioritized .. -:acquisition list.) A 'similar paragraph can be found in the Volusia County land 'Acquisition manual and other comparable county manuals. In closely reviewing the paragraph's intent, the consensus of the Advisory .Committee was to leave it intact, emphasizing the importance of the ",LAAC's review and approval of all environmentally significant land 'acquisitions. The intent of the policy is to recognize the LAAC's expertise in environmentally significant land analysis by ensuring 'that properties. not receiving LAAC's endorsement will not be purchased for environmental protection purposes. At the same time, the .:policy recognizes the Board's ultimate authority by acknowledging its right to delete projects. Said•authority is essential to the review process in that the Advisory Committee, by following the overall procedures in the Guide, is in the best position to fully evaluate (after a detailed analysis) a property's characteristics in satisfying (or not satisfying) the County's land acquisition objectives. Elimination of the authority would substantially dampen the Committee's purpose and function. Chapter III summarizes the various methods that can be used to protect environmental resources, with fee title purchase being just one of several alternatives. Chapter IV provides brief descriptions of the various funding/financing approaches that can be utilized for land acquisition, including joint acquisition programs, local funding mechanisms, and private, cooperative acquisition. An important charge of the Advisory Committee is•to study and make recommendations to The Board of County Commissioners concerning the establishment of a long-term funding source for the acquisition of environmentally significant lands. Indian River County's approach is different from most other counties, in that it entails developing a guide and evaluating properties prior to the establishment of a long, -term funding source (e.g., a bond referendum).. By doing so, the Advisory Committee is able to conduct a "needs assessment" before -the -fact to determine the .amount of money needed and the best way of obtaining such funding. 59 MAY 7 1991 `F" t ROOF. F' vc i� c MAY 7 1991 BOOK 8L1 FtiE Chapter V is the crux of the Guide, detailing the land acquisition . process and procedures. Included in this chapter is the Evaluation/Prioritization Matrix and land evaluation criteria descriptions. Also in this chapter are "emergency acquisition" procedures. The appendices of the Guide are excerpts from important reference documents such as the County Comprehensive Plan and the Board of County Commissioners Resolution No. 90-104, which created the Land Acquisition Advisory Committee. • Also included is a sample land acquisition nomination application. -The Land Acquisition Guide is not meant to be an instrument used 'only once to rank properties in the county. Instead, the Guide (as adopted) will represent the base document for review procedures 4:regarding County acquisition of environmentally significant lands, presently and for an indefinite time into the future. The Land 4Acquisition Guide will be reviewed on an annual basis by the `Advisory Committee and the Board of County Commissioners, and ?lrevised as necessary in order for it to stay current with changing r.Pcircumstances. :RECOMMENDATION **Staff recommends that the Board of County Commissioners approve the .:,submitted draft of the Indian River County Land Acquisition Guide. • Commissioner Eggert directed the attention of the Board to a statement from an excerpt of Approved Minutes of LAAC Meeting of 3- 27-91, "The attorney further cautioned that this Committee cannot put any wording in the Guide that would restrict the power of the Board of County Commissioners." With that in mind, she referred to the section in the Land Acquisition, Draft #3, page 9, the section titled INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, second paragraph, which states, "..the Board may not add or expand projects on the prioritized acquisition list." Commissioner Eggert wanted this removed. She was in favor of sending all the land through the Committee but would rather see it say something like, "where practical, the Board will route all land proposals through the LAAC," something positive, rather than saying, "The Board cannot do something the Committee can." Commissioner Scurlock stressed the Committee's concern that properties not become political but that they be truly evaluated and then be forwarded to the Board. So, if a Commissioner wants to have a property considered it should be done through the normal process rather than have every Tom, Dick and Harry trying to hustle a certain piece of property. Commissioner Eggert said it was acceptable to send all land acquisition to the LAAC; her objection is the words, "the Board may not. Commissioner Scurlock pointed out that we should not look at one word out of the document but rather the entire document and 60 there is a section for Emergency Acquisition. Commissioner Bowman thought, then, that it should be cross- referenced. ross- referenced. Chairman Bird suggested taking out the word "not" and saying, "The Board may add or expand projects on the prioritized acquisition list by following the proper procedures for submitting something. to it." Commissioner Wheeler saw no reason for this as the system is already set up that way, and did not like putting down in writing anything giving the appearance that an advisory board can say the Commission may not do something. Commissioner Scurlock did not read it that way but thought, if that is the way it could be read, perhaps it should be clarified. Attorney Vitunac advised that in the Emergency Acquisition Section it states, "Before any action can take place the Advisory Committee will be required to formally declare an emergency acquisition situation." He felt if this wording allowed the Board to declare an emergency that would be a way out, but it is not written that way. Commissioner Eggert continued to express her dissatisfaction with any wording that says "the Board may not," but emphasized that she has no quarrel with sending everything through the LAAC. Discussion continued regarding the powers of advisory committees and the powers of the Board. There were various suggestions for changes in the wording regarding emergency situations. Commissioner Wheeler agreed that any property that comes before the Commission should go through the Committee, and if there are extenuating circumstances, the Board should have the opportunity to declare an emergency. Director Keating asked if the Board is indicating they want the Board to be able to declare an emergency and then properties that are declared emergencies would go through LAAC; this was confirmed. Attorney Vitunac commented that possibly in some cases you may have to skip the LAAC because of timing but the Board members believed that is what we are specifically tryng to avoid. Chairman Bird felt if a property is declared to be of an emergency nature there could be some short cut process to get it through the Committee. (In further discussion, it was felt something like this could be worked out.) Commissioner Wheeler agreed and pointed out, again, that actually this is just a guide and the Board can negate it with three votes. 61 MAY 1991 HCl OK. EA', -.1E' � o�d MAY 71998 r400F 83 FALE25 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the submitted draft of the County Land Acquisition Guide with the corrections relating to the Board being able to declare an emergency and developing a short-cut process to send such properties through the LAAC. OSLO/FMEL PROPERTY - APPRAISAL STATUS AND LAAC RECOMMENDATIONS Environmental Planning Chief Roland DeBlois made the following presentation: TO: James Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: yam"','` °Inert M. Keating, AI Community Develop ent FROM: Roland DeBloisA CP i11 4,: , : ' Chief, Environmental Planning DATE: -r'h•April 26, 1991 RE: " ;",;` Oslo/FMEL Property; f . . •Arst•i ;..n Appraisal Status and .LAAC Recommendations It is requested that the data herein be given formal consideration by the Board of County Commissioners at their regular meeting of May,7, 1991. .,w�„• DESCRIPTION & CONDITIONS:" �,' The "Oslo/FMEL property,” owned by United Financial Group, Inc., is a 292+ acre tract located north of Oslo Road and east of U.S. #1, next to the Florida Medical Entomology Laboratory. The property supports a pristine, mature coastal/tropical hammock and xeric scrub habitat, and includes a large impounded salt marsh next to the Indian River Lagoon. In July .1990,• a proposal to rezone the property to a higher development density was brought before the Board of County Commissioners for a public hearing. While the proposed rezoning was denied, the hearing brought to light the significant natural features of the site, and the impending "threat" of development to those features. Subsequently, on September 25, 1990, the Board authorized certified appraisals of the property as a first step toward public acquisition for resource protection purposes. The appraisals have now been completed. While the Board authorized the appraisals of the Oslo/FMEL property prior to the establishment of the County Land Acquisition Advisory Committee (LAAC), LAAC has reviewed the property and has made recommendations, in that the property is on the LAAC review list for this year and has characteristics appropriate for LAAC review. Tliis memorandum is presented to apprise the Board of the appraisal . status and'to convey LAAC's recommendations on the matter. 62 :''ALTERNATIVES & ANALYSIS: ,•Appraisal Status and SJRWMD Commitment: The attached memorandums from Randy Dowling dated October 16, 1990 is and March 26, 1991 summarize the status of the completed appraisals 'and St. Johns River Water Management District's (SJRWMD) commitment ',to participate in a 50/50 cost -share purchase of the property. The 1. e ::appraised price range of the property is approximately $ million to $2 million, with the District's own value figure within the range. The District's conditions of cost -share participation are summarized as follows: • the District will pay 50% cost -share of appraisal costs;. : the District will pay 50% cost -share of the • purchase price the County negotiates or 50% of 1;,':the* District's value figure, whichever is 'the District will assist in developing a "4. management plan but will not have active ..p '•'management responsibilities; :,the District will receive an undivided 50% "'interest in ownership of the property; and .` the. District will assist in preparing a µeL;•,'".ti .:'• purchase contract. ' LACC Review and Recommendations: On March 27, 1991, LAAC unanimously agreed to declare the Oslo/FMEL ,,property as qualifying for "emergency acquisition" review under the ::procedures of the draft Land Acquisition Guide. The property i.qualified ''in that it has environmentally significant characteristics warranting protection, and the site is under a :'.development threat that could irreversibly destroy the property's natural resources and public values. ;Subsequently, in accordance with draft GuideP rocedures, staff wrote a "justification report" in the form of a memorandum to LAAC, which was reviewed and discussed by the Committee on April 24, 1991 (see attached). The staff report to LAAC provides justification as to why the • property should be negotiated for purchase in a timely fashion, based on the following points: • the purchase would contribute substantially toward Comprehensive Plan land acquisition commitments; • the purchase would protect a rare association of pristine habitats; • the purchase would protect and provide many social/economic public values (including entomology research international values); the purchase would provide needed protection that could not by provided by other protection methods; and the purchase should occur within the year to take advantage of the SJRWMD cost -share opportunity and owner's willingness to sell. MAY 1991 63 FrrtiC ice+' .y ;i MAY 7 1991 eooK 83 f;11E 261 ':The emergency acquisition procedures of the draft Land Acquisition 'Guide do not include a detailed review of funding opportunities by LAAC, largely.'based on time constraints. As such, in accordance :with the draft Guide, the Committee looks to the County Commission to determine the present availability of funds in emergency :•acquisition situations. -On April 24, 1991, the Land Acquisition Advisory Committee sunanimously voted to recommend that the Board purchase the `Oslo/FMEL property. The Committee also recommended that the Board direct the County Finance Committee to review existing funding alternatives (and subsequently make recommendations to the Board). =RECOMMENDATIONS 04:10,-H- . /,In 'concurrence with LAAC recommendations, staff recommends that the 'Board of County Commissioners purchase the Oslo/FMEL property under ,:a.50/50 cost -share agreement with SJRWMD, and recommends that the 'Board direct. the County Finance Committee to review existing Ifunding alternatives (and subsequently make recommendations to the ;Board on the matter). PARCEL "A" = 264.68 ACRES PARCEL "B" = 27.15 ACRES TOTAL = 291.83 ACRES + OR — INDIAN RIVER COUNTY, FLORIDA .. n .iAdan Ian • OA•N. 'AWN •I•N P sea,."Aw• I' '1 . 441.101114.041• roer ,.t..er •f. a. a. M.O..M,I 1 1\1 I ,. •, f tl �• :;:w::;1 r 1 • - /2 I IT /9 20 AVM p 1 1 Ccervix. yt (rin • 1Anse. - A•f/!'A }.-• I 1 : 1 t�,••ed>. '! 1 •v I �.._a • •• f2-1....L. T:% .' I at•. it 8 y1O. 11 MMI•tf• ( ,...6-sellt. licarree.0:4.-,..trma • -r.-=.-....-49.rr .= = ==•.= 7 1 11 w1L � ' i t , b 14 , . z:7.4f1e. I PARCEL it • —d I 1. I ,.. .. I stt acme a E .q I seeana 111 MATI fi.. II.. pl.was all 4's ••• /9 25, a.m 1 RiC 1 al .1 1°'_11 ! N/C l9('• 20 ,' r:°te: to ( OSLO HOLD ::1414:74144.""wfroo•Miw1 J0 29 .... .. trr•Ir rorii ••i `•roer ur•.O•rw Sr=I", 1 30 0WM •Mw ree.7" •U• •AM 1 1 llq ,I aril THE PROPOSED ALIGNMENT FOR INDIAN RIVER BLVD. EXTENSION IS NO LONGER APPLICABLE — HAS BEEN VOIDED. 64 Commissioner Scurlock thought the Board members should see the LAAC valuation sheet because the Committee looked at other properties and this was head and shoulders above the rest. Chairman Bird agreed it is a fantastic piece of property and unique in this County and he agrees with the committee's high ranking. He was curious whether the committee is proceeding with the intention of purchasing properties to prevent their development and to preserve them for the future by keeping them natural and so forth. He stressed the intent here should be that there will still be some public access to the properties. He realized it must be controlled access and regulated to prevent destruction of a resource but he was not in favor of purchasing property and putting a wall around it and saying, "That's nature and man is not allowed to set foot in there." His hope is that, with the joint effort by St. Johns Water Management trying to be cooperative with the Entomology Lab in their research, they don't over -regulate the property to the point where school children or people who want to go in and appreciate that kind of environment, cannot do it. Chairman Scurlock answered the Chairman's questions by stating the committee does not want to buy anything they can get in some other way; for example, dedication or easement, long-term leases. The committee uses a lot of approaches, one of which is purchasing. The other point he wanted to make is that the committee is planning in terms of management for compatibility with public use while preserving resources. Commissioner Eggert thought they had a walking path. Commissioner Bowman stated there already is a self -guided trail which is marked and is a lesson in botany. The Florida Medical Entomology Laboratory has this trail through part of the land they own and have offered to extend that nature trail through the County property, if we want them to do it. Commissioner Bowman wanted everyone to realize the tremendous importance of the impoundment which is a nursery ground for all the aquatic life in the river and noted this is going to be a big factor in the SWIM plan and in restoring fisheries in the Indian River. Commissioner Bowman also saw this as an opportunity to replace the broken-down ramp at Oslo Road with a decent dock. Chairman Bird's concern was to continue to have a reasonable amount of public access to it. 65 MAY 7 1991 • @OQK F'Auc 9 MAY 7 BOOK PAGE263 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, to purchase the Oslo/FMEL property under a 50/50 cost -share agreement with SJRWMD and direct the Finance Committee to review existing funding alternatives and make a recommendation to the Board. Administrator Chandler commented that we not only need to finalize a funding program but we still need to have negotiations with the property owners. There are other steps to pursue. Commissioner Scurlock emphasized that the committee will not be involved in negotiating the purchase of this property or any property. (COPY OF CLOSING PACKAGE FOR ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND I. R. CO. PURCHASE OF PROPERTY FROM UNI'iED FINANCIAL GROUP, INC.) THE CHAIRMAN CALLED FOR THE QUESTION. (N. of Oslo Rd. & E. of It was voted on and carried unanimously. U.S.#1) z -`oeW n17 ) MICHAEL O'HAIRE REQUEST FOR COUNTY TO INITIATE AN ADMINISTRATIVE REZONING The Board reviewed memo from Long -Range Planning Chief Sasan Rohani dated April 30, 1991: ITO: James Chandler County Administrator FROM: 1 >`!*":" '' • ' Chief, Long -Range Planning DATE: ' April 30, 1991 .� ��`�_: OF A -1-A ON THE SOUTH BARRIER ISLAND FROM RS -3 TO RS -1 '�.f Y. il:,ji���rl: st.. .M., DIVISION HEAD CONCURRENCE JOIP f • // Robert Keati Sasan Rohani ' • (L . CP • MICHAEL O'HAIRE REQUEST FOR THE COUNTY TO INITIATE AN ADMINISTRATIVE REZONING OF APPROXIMATELY ±11 ACRES WEST It is reqeusted that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 7, 1991. Description and Conditions In a letter dated April 18, 1991, Michael O'Haire, Shirley O'Haire, John M. Luther`, and Nancy R. Luther requested that the Board of County Commissioners initiate an administrative rezoning of a fll acre area on the south barrier island from RS -3 to RS -1. This request not only involves property owned by the O'Haires and Luthers; it also involves property owned by a neighbor who does not wish to have his property rezoned (these properties are shown on Attachment 1) from RS -3, Single -Family Residential District (up to 3 units/acre) •to RS -1, Single -Family Residential District (up to 1 unit/acre). 66 Initially, Mr. O'Haire approched staff with the intent of submitting a rezoning request for the entire 11 acres. Staff, however, informed Mr. O'Haire that, pursuant to Section 902.12 of the county's land development regulations, an individual may petition for a rezoning only for property which he owns or for which he has the owner's authorization. To change the zoning on property where the owner is not a party to the request, the Board of County Commissioners would need to initiate the process. For that reason staff told Mr. O'Haire that to pursue rezoning of some other person's property he would have to request that the Board initiate the process. This is Mr. O'Haire's request for that action. ..Alternatives and Analysis 'This rezoning request is unusual because it involves rezoning of a property owned by someone other than the applicant. Staff can find '•no record of a similar request, where one or two property owners reqeust that` a' neighbors property be rezoned to a lower density. • There have, however, been situations where an entire neighborhood had requested that the Board rezone the area to a lower density. One example is the 16th Street area, which was rezoned from RS -6 to RS -2 -at -the -request of residents. In this case the subject property is located in the area of the county designated as L-1, Low -Density Residential (up to 3 units/acre). The existing RS -3 (residential district up to 3 units/acre) zoning of the property is consistent with the Future Land Use Map. All adjacent properties are zoned RS -3. •So as zoned, the subject property is consistent with its land use plan designation and is compatible with the zoning of adjacent properties. .1 it 4(:A4y5g;. . Usually, the purpose of a county initiated administrative rezoning is to make the zoning of a property consistent with its land use designation. Since no inconsistency exists here, there would need to be another reason to warrant such action. . One circumstance which 'could justify a county initiated rezoning would be characteristics of the property which warrant a reduced density. The -applicant feels that the riverfront nature of the property justifies a reduced density for environmental protection purposes. This property, however, is not substantially different from other riverfront tracts which are designated RS -3. Changing the density of this property then would require similar action on comparable tracts. Staff feels that this is unnecessary and that current local, state, and federal requirements provide adequate protection. • Conclusion . The existing zoning of the property is consistent with the Future Land•Use Map- and does not require an administrative rezoning. While the proposed zoning would also be consistent with the Future Land Use Map, no justification to treat the subject property differently than similarly situated properties exists. Recommendation Based on the analysis performed, staff recommends that the Board of County Commissioners deny this request for the county initiated administrative rezoning. 67 eeTh MAY 7 1991 ww 7 1991 Ts, • MARTIN • COVE • GOV. LOT 1 • 800K 83 FACE 265 kund-4:113 1131.4 1 �2 , L7fftig0aL`LSzt� TTA LI1l1g I Gt7IOV tLIOT IJ a 1? t/ Iet. 0`1 \111 le 17 . I 1 `6-SubjectProperty t: Michael and Shirley O'Raire 'off, Jack and Marjorie Rzovod1edc property 1. i% Jadm and Nancy. Luther property 1\ *';,• GOV. LOT 2 _TJ 3iv,0—T:!lir; foJ,A 6 7 e RS -3..;!,;44 V' • G.L.3j'• ft: ti LANDS ON N \ GOV. LOT 3 • N N. • 4, SEAGROVE WEST ..• .esu . T -73 Chairman Bird asked if anyone wished to speak. Michael O'Haire, 575 South A1A, came before the Board, representing himself and his wife and John and Nancy Luther. He requested the Board instruct staff to initiate the process of scheduling a public hearing to discuss and consider the merits of rezoning approximately +/- 11 acres west of A1A on the South Barrier Island from RS -3 to RS -1. Mr. O'Haire demonstrated with graphics the point of land as being on the Indian River, bordered on the south by a substation belonging to the City of Vero Beach and the City transmission lines, and on the north by a cove of the river. He explained that this application was prompted when he and his wife and Mr. and Mrs. Luther received a copy of an application to the St. Johns River Water Management District to dredge up river bottom to create "buildable lots" in what previously was the river, and no mitigation was proposed for the filling operation. 68 IMP Mr. O'Haire said Staff has indicated they feel that local ordinances, state and federal law, would prohibit such a dredge and fill operation, and while he agreed with Staff's opinion and felt that this is probably not going to happen, the application shows such lack of responsibility and such unenlightened self-interest that he felt he had to protect himself. Mr. O'Haire recounted that he has lived there for 20 years, and 10 years ago, when the neighbor who proposes to fill up part of the river said he wished to build a home to enjoy the same type of living that the O'Haires and Luthers enjoy, that was fine. The home was constructed and when asked, Mr. O'Haire allowed utility lines for the new home to be placed across his property because he was delighted to have such a neighbor. Now this same neighbor proposes to "shoehorn" as many conceivable lots on this piece of land as possible and Mr. O'Haire described his feelings as "disturbed, alarmed and dismayed" and asked the Commission to begin the process of holding public hearings to decide whether the three homes that occupy this point of land, including the O'Haires, the Luthers and Mr. Krovochek, will be limited to the RS -1 density of one unit per acre. Commissioner Eggert asked if Mr. O'Haire feels the County should initiate this rezoning because one of the properties there doesn't want to participate and Mr. O'Haire stated that he is simply asking the Commission to help this man keep his word as originally stated to him. Bruce Barkett came before the Board, representing Mr. Krovochek, and said he was puzzled by Mr. O'Haire's altruistic motive in his presentation. Mr. Barkett wanted the Board to be aware that when Mr. Krovochek purchased the property 13 years ago, Mr. O'Haire was indeed involved in the transaction and was aware that Mr. Krovochek received a letter from the City of Vero Beach confirming that thirteen 3/4 -inch water meters were reserved for Hidden Cove. This transaction was handled by Mr. O'Haire's law firm, and it is obvious that Mr. Krovochek's intention has always been to develop this as a subdivision because there was a clause to the contract calling for release of lots in accordance with a payoff schedule. Chairman Bird asked if this is a platted subdivision. Mr. Barkett said it was not a platted subdivision but the release of the lots was part of the purchase contract and, although this detail was not before the Board, Mr. Barkett brought it up because of Mr. O'Haire's claim of surprise. Mr. Barkett directed the Board's attention to the graphic which showed that Mr. Krovochek's property is bigger than the combination of the other two; therefore, he is the majority property owner. Staff does not 69 MAY 7 1991 t1!Y ` 99 LOOK PACE 40 consider rezoning unless petitioned by the owner of property; so, in this case, using a football analogy, the petition before the Board could be considered an "end run." As staff reported, the current zoning is consistent with all of the surrounding property; RS -3 zoning is appropriate to the land; and there is no justification to treat this property differently than any other similarly situated properties through the County. There is no justification for environmental reasons, as suggested by Mr. O'Haire, because any development of the property will have to receive the same permits from DER, St. Johns and the Army Corps of Engineers, and the Department of Natural Resources will not be involved in the process because the water body that Mr. O'Haire refers to is artificially created and lies totally within the confines of Mr. Krovochek's property. Attorney Barkett urged the Board to say no to this unjustified petition. There was discussion about the body of water in question extending onto Mr. Luther's property. However, Mr. Barkett pointed out that the shoreline and vegetation in question is all on Mr. Krovochek's property. Mr. Barkett questioned whether the rezoning is even legal and County Attorney Vitunac explained if there is no justification for the rezoning, then it's not fairly debatable, and if it's not fairly debatable, it's not legal. Commissioner Eggert asked if the lagoon were filled as described in the application, what effect would it have on the other half of the lagoon and, therefore, Mr. Luther's property. Mr. Barkett responded that they wouldn't be filling in on Mr. Luther's property and, secondly, that issue is not before the Board; but he would be able to do that under any zoning. Chairman Bird recognized Mr. Krovochek. Jack Krovochek came before the Board speaking for both himself and his wife. He stated that when he received paperwork regarding rezoning from Planning and Development Division of the County, he was shocked that Mr. O'Haire had asked the Administrative Body of the County to do something he, Mr. O'Haire, could not do himself. He described this request for Administration -initiated rezoning as "un-American." Mr. Krovochek stated he has a major investment in his home and certainly would not decimate his property, in effect, shooting himself in the foot, and hoped the Commission would follow the recommendations of its staff. Chairman Bird asked if anyone else wished to address the Board. John, Luther came before the Board and said he lives south of Mr. Krovochek on about three and a half acres and contrary to what 70 Mr. Barkett had stated, Mr. Luther felt the largest property 'owner is his wife. Her family has owned ocean to river since the 1940's and Mrs. Luther and her sisters still own the property on the ocean side, which gives her an interest in all the contiguous property. He stated that the water that comes in on Mr. Krovochek's lagoon does come over into his property and falls into the mangrove which, in his opinion and to his understanding, is and has always been public property. Mr. Luther said his request to the Board to consider this change is to protect his family's home. He narrated the events leading up to this point: In 1980 Mr. Krovochek called Mrs. Luther in regard to buying some acreage south of Michael O'Haire and was curious what her family intended to do with the property immediately south of this property because he hoped to build a single-family residence, estate -quality home and worried about encroaching subdivisions from the south. Mrs. Luther conveyed this to Mr. Luther; they both went to inspect the area, having to use a machete to cut their way through the pepper bushes; found a beautiful, unique piece of property, agreed to sell Mr. Krovochek the part he wanted and decided to build their dream home south of Mr. Krovochek, assuring him the protection for his single- family residence he desired. Mr. Luther said now, all of a sudden, Mr. Krovochek does not want a single-family residence and he wants to subdivide the property and sell it. Mr. Luther had no objection to subdividing the property to the extent that there is acreage there usable for a few more homes. He would prefer Mr. Krovochek not do that but felt it was not his right to try to prevent that. Mr. Luther was concerned, however, with the Indian River estuary because Mr. Krovochek's plan of putting in six more lots includes filling in 50 feet by 400 feet of the Indian River Lagoon. Mr. Krovochek is calling it wetlands, but Mr. Luther described seeing porpoise, manatee and all types of fish boiling the water and a father and son in a boat fishing on this "wetland" that Mr. Krovochek is preparing to fill. Mr. Luther felt the Commission has a responsibility to protect this, in his opinion, "public domain." Mr. Luther further described the unique coastal ecosystem where over the years he has seen school children come to learn about the coastal plants and marine life. He echoed Commissioner Bowman's comments about the fact that this area is a nursery for a majority of marine life in the Indian River. He also mentioned that this is the last area of single-family homes and acreage on the barrier island and asked the Commission to consider initiating a zoning change. Commissioner Scurlock asked if, with our existing land use, they would be allowed to fill in that area. 71 MAY 7 1991 BUOK r.,%; Ci tip( 7 199' .BOOK 83 PAGE 6C Community Planning Director Keating said staff had also looked at the jurisdictional agency application that came through and had made some negative comments on it because of our specific requirements in Chapter 928. He further noted that we do not differentiate between a natural or man-made water body and as far as requirements regarding fill, ours are more stringent than the State's. Commissioner Bowman commented that, therefore, our more stringent requirements would prevail. Mr. Barkett argued that all that may be true and would be faced when the application is submitted, but the issue before the Board is rezoning and if it were rezoned RS -1 that would mean Mr. Krovochek probably would have to fill more wetland to accommodate larger lots. His point was that there was no justification for the petition. He believed he had a legal issue that the petition is not supportable and that it is not fairly debatable because it is spot zoning this property differently from all the surrounding property and not in accord with the Comp Plan. Commissioner Scurlock asked if the County has not initiated rezoning. Attorney Vitunac saw no problem with the County initiating a rezoning. The only issue possibly could be spot zoning. If the Board's reasons are fairly debatable you would be sustained; but that issue is not before the Board today. Commissioner Scurlock and Commissioner Eggert asked if there would be anything wrong with going through the process of a public hearing. Attorney Vitunac said it is possible for the County to set a rezoning hearing to investigate, and if there are facts to show that this is somehow unique or different from the other pieces then we would have to rezone. He saw no harm in that but advised it would just be a waste of time and money unless Staff can come up with new facts. Commissioner Eggert felt a hearing was needed to find out if the Board would be in favor of rezoning. Chairman Bird asked if that would be the only RS -1 property in the South Beach area. Director Keating indicated we have some other RS -1 zoning in the South Beach area but it is within the area that is considered environmentally sensitive and if the new comprehensive plan initiatives are approved, then that would be rezoned C2. Attorney Vitunac asked if, in a further review of that site, Mr. Keating could find some reason that would make him want to rezone it RS -1 instead of RS -3. 72 Director Keating noted this is consistent with our -Comp Plan and he felt there are safeguards in our LDRs to address any development. Further discussion ensued regarding the uniqueness of this property, or lack thereof, and Mr. Luther commented that he has no problem with other houses, just with filling in the Indian River and putting a maximum of six additional homes there. Chairman Bird was sure the Commission would take a stand as to filling in that property. Commissioner Scurlock wanted to clarify that the request is only for an opportunity to show that the property is unique in a full-scale public hearing and Mr. O'Haire confirmed that is what they are requesting. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, Chairman Bird voting in opposition, the Board by a 4 to 1 vote agreed to authorize a public hearing initiating a rezoning as requested by the O'Haires and Luthers. Commissioner Eggert assumed the weight of showing this property is unique falls on the applicant, but Chairman Bird felt that it falls on Staff because it is County -initiated and that is why he voted against it. Chairman Bird pointed out the public notice would have to state this is a County -initiated request to rezone this property to RS -1. Commissioner Scurlock commented that Staff present a lot of recommendations to the Board which the Board does not always follow. Attorney Vitunac advised that if it is down -zoned the burden of proof will be on Mr. Krovochek to show that the County did not have the proper evidence before it and that it was not reasonably debatable. Director Keating wished to know if this is completely County - initiated or should a fee be charged to Mr. O'Haire. Mr. O'Haire volunteered to pay the costs. Attorney Barkett wished to address two points. First, he asked the Board to instruct Staff to bring back their own recommendations, without being influenced by the Board. Commissioner Scurlock noted he is not going to instruct Staff to do anything. Chairman Bird felt we do need to clarify with Staff that if they go through their research and still want to come back and say, "No, we cannot recommend this," that is the way it should be. 73 viNi 7199 ErfOICI r MAY a '991 LOO' 83 p4GE Commissioner Scurlock noted that is normal procedure. Attorney Barkett further contended that if the County accepts the money from Mr. O'Haire the rezoning request is no longer County -initiated but Attorney Vitunac stated that it is legal for Mr. O'Haire to donate the money for the fees. The Chairman recessed the Regular Meeting briefly at 10:45 o'clock A. M. and reconvened the meeting at 10:55 o'clock A. M. with all members present. APPROVAL OF PURCHASE OF TWO DUMB TERMINALS The Board reviewed memo from District Conservationist Clare Nichols dated April 19, 1991: .DATE: TO: . THRU: FROM: SUBJECT: APRIL 19, 1991 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER H.T. "SONNY" DEAN CO JJijjCY AD II TRATOR and DEPT. OF GENERAL R ICES RE NICHOLS/ I.R.SOIL & WATER CONSERV.DISTRICT DISTRICT CONSERVATIONIST • • APPROVAL OF PURCHASE OF 2 DUMB TERMINALS'(CAPITAL OUTLAY) USING FUNDS TRANSFERRED FROM OFFICE SUPPLIES ACCOUNT $ACKGROUND: \. '• USDA Soil Conservation Service (SCS) has provided •••:4 •• • a new mainframe AT&T 6386 @ $12,210 (of which $2,500 was cost - shared by IRC for the I.R.Soil & Water Conservation Dis- trict). The District would like to purchase 2 dumb term- inals 'for $767.66 (Capital Outlay) by transfer of that amount from the approved Office Supplies account funds. This. account has this excess due to USDA SCS providing a majority of the office supplies this year. FUNDING: -.These 2 terminals will be workstations, so that the Dist- rict Conservationist, Clare Nichols, the Resource Soil Scientist, Chris Noble, and the Conservation Technician, James Karl, can all utilize the mainframe at one time. This is an urgent need as much time is wasted waiting for its availability now.. Line -transfer of funds from Acct.No.001-118-537-035.11 to Acct.No.001-118-537-066.41 Office Furniture & Equipment. RECOMMENDATIONS: Staff recommends Board approval to transfer $767.66 from Office Supplies line item, to Capital Outlay Funds, and Authorize the purchase of two (2) Computer Terminals. 74 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously authorized the purchase of two computer terminals as described above and approved Budget Amendment #040 as follows: TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners FROM: Joseph A. Bair OMB Director Entry Number NUMBER: 040 DATE: May 14. 1991 1 1 1 1 Funds/Department/Account Name ; Account Number 1 Increase EXPENSE Decrease GENERAL FUND Soil Conservation Office Supplies 1 1 1 1 i001-118-537-035.11]$ 0 1 1 1 1 Office Furniture & Equipment 1001-118-537-066.411$ 768 1 1 1 1 $ 768 $ 0 GRANT AGREEMENTS FY 91/92 The Board reviewed memo from Library Director Mary Powell dated April 23, 1991: 0,4-44 ;DATE: ',:c..4'4.7* a'r`' 4-23-91 • TO''1.44•; . BOARD .OF COUNTY COMMIaW-SSIONERS 7 `THRU" ;:;;,� ` .JAMES E E. CHANDLER, ' COUNTY ADMINISTRATOR !THRU: '' • ` H.T. `SONNY' DEAN, DIRECTOR, DEPARTMENT OFj N' '`s';•`5;'';'�`GENERAL SERVICES • SUBJECT: FY 91/92 GRANT AGREEMENTS FROM: MARY D. PORECTOR, MAIN LIBRARY • BACKGROUND: . : r ..• ,•i;;.,!:*.;. • STAFF APPLIED FOR TWO COMPETITIVE GRANTS FROM THE STATE LIBRARY OF FLORIDA AND WAS AWARDED BOTH --LIBRARY SERVICES THROUGH TECHNOLOGY ($30,000.00) AND INFORMATION AND REFERRAL ($15,000.00). BOTH REQUIRE A LOCAL 1/3 MATCH, WHICH WILL BE TAKEN FROM EXISTING BUDGETED FUNDS. • ANALYSIS: THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS' SIGNATURE IS REQUIRED ON BOTH ORIGINAL AGREEMENTS IN ORDER TO RECEIVE THE APPROVED ALLOCATION (AGREEMENTS ATTACHED). • RECOMMENDATIONS: STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS CHAIRMAN TO SIGN THE GRANT AGREEMENTS AND RETURN TO THE MAIN LIBRARY DIRECTOR TO BE FORWARDED TO THE APPROPRIATE STATE LIBRARY STAFF. 75 BOOK. MAY 7 X991 8 1..)r. Trio a. , 4 MAY 7 1991 POCK 83 FA LE 270 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman to execute the Library Grant Agreements: one for Library Services through Technology and one for Community Information Referral Centers - I&R Services. SAID DOCUMENTS WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED RESOLUTION DESIGNATING RECIPIENT OF GAS TAX FUND The Board reviewed memo from OMB Director Joseph Baird dated April 17, 1991: TO: Members of the Board of County Commissioners DATE: April 17, 1991 SUBJECT: RESOLUTION DESIGNATING RECIPIENT OF GAS TAX FUND FOR INDIAN RIVER COUNTY FROM: Joseph A. Bair `•ti'• OMB Director • .1a pESCRIPTION AND CONDITIONS . The State Board of Administration of Florida has advised Indian River County that they ::need a resolution specifying an individual, by title, to be responsible for receipt of the gas tax funds. s: Attached is a resolution designating the Indian River County Finance Director, Richard E. Watkins, as recipient. • RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached resolution. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-51 appointing the Finance Director to be -Responsible for Receipt of the Second Gas Tax Funds. 76 RESOLUTION NO. 91- 51 A RESOLUTION OF INDIAN RIVER COUNTY FLORIDA, APPOINTING THE FINANCE DIRECTOR TO BE RESPONSIBLE FOR RECEIPT OF THE SECOND GAS TAX FUNDS. WHEREAS, the State Board of Administration of Florida must comply with Article XII, section 9(c)(5) of the Florida Constitution, and WHEREAS, it is in the best interest of Indian River County to receive funds designated by the Second Gas Tax, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA in open meeting duly assembled in the Indian River County Administration Building, Vero Beach, Florida, this the 7th day of May A.D. 1991, as follows: SECTION I: Indian River County Board of County Commissioners names the Finance Director to notify the State Board of Administration of Florida of any change in receipt of gas tax funds. SECTION II: EFFECTIVE DATE: this resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Bowman and motion was seconded by Commissioner S c u r 1 o c k , 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 Aye The Chairman thereupon declared the resolution duly passed and adopted this 7 day of M a y MAY 71999 , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman 77 [Aon mew ?199 Nor 83 PAGE 275 HUMANE SOCIETY REOUEST FOR ADDITIONAL FUNDING The Board reviewed memo from OMB Director Joseph Baird dated April 30,. 1991: TO: .. Members of the Board .,,of County Commissioners '..:DATE: ` ''' 'April 30, 1991 • , . SUBJECT:HUMANE SOCIETY REQUEST FOR FROM: ADDITIONAL FUNDING Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS In a letter dated April 18, 1991, Joan Carlson, Executive Director, requested a $49,490 increase in the Humane Society's 1990/91 budget for mandatory sewer hookup costs at their address, 4701 41st Street. The County's 1990/91 contribution to the Society stands at : $75,945. ,ANALYSIS *The letter written by Mrs. Carlson points out the Society's diligence in raising funds from ' sources other than the County. A review of their county approved funding over the past three years indicates a 7% increase per annum. Mrs. Carlson notes that the sewer hookup charge is an unforeseen expenditure for the Humane Society, and one that would cause undue hardship, given their tight budget. Should the Board of County Commissioners decide to approve Mrs. Carlson's request of $49,490 for this one time expense, funding is available ' from the General Fund Icontingencies. Commissioner Scurlock said he has been involved with the Humane Society for eleven years and complimented their success in animal control and their conservative financial nature. Chairman Bird wondered if this should be a lump sum for this one year or time payment plan and budget for it over the next several years. Director Joe Baird reported that, since the Humane Society is a very, very tight -budgeted organization they would have to pass it through every year so his suggestion was to just pay it up front and get it over with. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved funding on a one-time basis for the sewer hookup charge for the Humane Society, funds to be in a lump sum and from the General Fund contingencies as recommended by Staff. 78 REVISION TO RESOLUTION 90-75, ITEM 1 The Board reviewed memo from Construction Coordinator Bill Meager dated April 24, 1991: TO: James Chandler County Administrator •.THROUGH : James W. Davis, P.E. Public Works Director and .Roger D. Cain, P.E. ;;County Engineer ;;FROM: •.. W.A. "Bill" Meager Construction Coordinator DATE: April 24, 1991 SUBJECT: Revision to Resolution 90-75 Item 1 ''DESCRIPTION AND CONDITIONS • Currently the requirement for $1000.00 per lane cash bond for open =.road cuts is showing toobe too restrictive for contractors bidding on large utility projects. We have received several complaints from the smaller contractors that cannot afford to post a large cash bond in a non-interest bearing account for a period of one year. Our objective is to protect the County's interest in doing emergency road repairs in the event of pavement failure within an open -cut restoration area and to assure that funds are available for such repairs. ,ALTERNATIVES AND ANALYSIS The Engineering staff is recommending that the cash bond requirement of $1000.00 per lane be limited to $4000.00 cash and any amount required above the amount of $4000.00 could be secured by a letter of credit or surety bond. (See Attached) RECOMMENDATION AND FUNDING Staff recommends approval. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Resolution 91-52 revising Resolution 90-75 by amending surety requirements as described above. 79 MAY 7 1991 CLAY 7 1991 3 f E2i7 RESOLUTION NO. 91-52 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AMENDING THE SURETY REQUIREMENTS FOR OPEN CUTTING OF PAVED COUNTY ROADS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS. OF INDIAN RIVER COUNTY, FLORIDA, that the surety requirements for open cutting of paved County roads established in Resolution 90-75 be amended by Indian River County as follows: As a condition of any permit by the County to a party allowing open cutting of paved County roads, there shall be a cash maintenance bond in favor of Indian River County, valid for one year from the completion of the open cutting, which would a l l ow the County to draw upon the cash bond to perform emergency repairs or overlays on the restored cut. The cash bond shall be in the amount of $1,000.00 per lane cut. In those instances where the cash maintenance bond exceeds $4,000.00, the permittee may, in lieu of a total cash bond, provide an irrevocable letter of credit for all amounts over $4,000.00. Said letter of credit to be drawn on a bank authorized to do business in the state of Florida. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Eggert- , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Ave Ave .Lve bee The Chairman thereupon declared the resolution duly passed and adopted this 7 day of May , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 80 Tcfia rd N. g i rc Chairman CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR INDIAN RIVER BOULEVARD PHASE III The Board reviewed memo from Public Works Director Jim Davis dated April 18, 1991: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Construction Management and Inspection Services for Indian River Boulevard Phase III DATE:.***;.7 18, 1991 ' • DESCRIPTION AND CONDITIONS '1 In the original Professional Engineering Services Agreement between Indian River County and Boyle Engineering Corp. •dated September 23, 1986, a Construction Services Section was included in• the Scope of Work at a budget price of $97,110 which provided for a Resident Inspector for a 12 -month construction period. The contract contained a statement that•"Prior to the Construction Bidding Phase of 'this project, the County and the Consultant shall review the :Construction Contract Administration Services requirements for the project and mutually agree on the Scope of Services and the upsetcompensation limit." The County Staff and Consultant have recently met to negotiate the Construction Services •.which include a full-time on-site Resident Inspector for a• one year construction period,and the Consultant has proposed new compensation in the amount of $163,350. Staff is of the opinion that inspection services •in the latter phases of construction can be performed by County staff, and that Boyle Engineering can provide inspection services during the initial six months of construction (when concurrent activities are expected to be intense) and contract administration services for the full 12 month construction period at a cost not to exceed the 1986 budgeted cost of $97,1110. Routine Testing Services by a Geotechnidal Consultant were not included in the 1986 budgeted cost of $97,110. Letters of Interest have been requested from Professional Engineering and Testing Firms to provide routine Testing Services during construction. ALTERNATIVES AND ANALYSIS Alternative No. 1 Authorize Staff to prepare an amendment to the original contract with Boyle Engineering, to provide Construction Services at a cost not to exceed $97,110. County Staff would perform inspection services during the last six months of construction. • 81 MAY 7 1991 PLO 83 MAY 7 X991 PDOK 83 PAGE 272 Alternative No. 2 •Prepare an amendment to Boyle Engineering's original contract providing Construction Services with a full-time on-site Resident Inspector for a full one year period at a cost of $163,350. Alternative No. 3 Proceed through the CCNA Selection process to select a Consultant to provide Construction • Services. RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 1 be approved. Funding to be from Fund 309, Indian River Boulevard North Project Account. Commissioner Scurlock voiced his concern of Boyle Engineering not having a resident inspector for this project because of the potential liability in claims for damages where the engineering firm could blame a County inspector if designs are not followed. Although he has no doubt that our engineering people are competent and qualified, he does not want to have any fingers pointed at us. Administrator Chandler said he had discussed this subject with Director Davis and they shared Commissioner Scurlock's concern. The way the contract is structured, Boyle Engineering would be responsible for all the major construction inspections. The County staff inspections would be very limited in scope. Commissioner Eggert questioned the final inspection and Director Davis assured the Board Boyle would be there for a final inspection. All major bridge work, box culverts, all those things, Boyle would be on site inspecting, ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Alternative Number One as recommended by Staff and agreed that staff would perform inspection services during the last six months of construction. REOUEST FOR WAIVER FOR FLOODPLAIN CUT AND FILL BALANCE The Board reviewed memo from Civil Engineer David Cox dated April 24, 1991: 82 NMI TO: THROUGH: 'DATE : SUBJECT: .REFERENCE: James Chandler County Administrator James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: * :• "David B. Cox, P.E.4C '•E`7: .Civil Engineer April 24, 1991 Request for Floodplain Cut and Fill Balance Waiver Residence at 3380 Buckinghammock Trail Building Permit No. 91030277 for DESCRIPTION AND CONDITIONS .Masteller, Moler & Reed, Inc. on behalf of Mr. Richard Arnold is requesting a waiver of the cut and fill balance requirement of 'Section 930.07(d) of the County Stormwater Management and Flood Protection Ordinance for a proposed single family residence located at Lot 17, Block 2, Buckinghammock Subdivision. The area of the lot exceeds the 1/2 acre threshold requiring a provision of an on- site cut and fill balance to mitigate displacement of flood waters. A waiver is available for sites located within the 100 year flood plain of the Indian River. An Engineer's statement and a letter requesting the waiver are attached. The waiver is the last item needed to complete a Type C Stormwater Management System Permit application. ALTERNATIVES AND ANALYSIS The project meets the cut and fill balance waiver criteria of being located in an estuarine environment and the project engineer has stated that all other Stormwater Management and Flood Protection Ordinance requirements will be met. Alternative No. 1 Approve the cut and fill balance waiver request. Upon approval of the waiver, staff would issue the project's Type C Stormwater Management System Permit. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on- site balance of cut and fill. RECOMMENDATION Staff recommends approval of Alternative No. 1. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously approved the cut and fill balance waiver request made by Masteller, Moler & Reed, Inc., on behalf of Mr. Richard Arnold as recommended by Staff. 83 MAY 7 1•i P00r. U rt`,, "Ab MAX 7 1991 1 BOOK 83 PACE 281 ENGINEERING FIRM SELECTION - ENGINEERING/HYDROGEOLOGICAL SERVICES. FOR DESIGN AND CONSTRUCTION OF DEEP WELL DISPOSAL SYSTEM The Board reviewed memo from Assistant Utility Director Harry Asher dated April 22, 1991: DATE: . TO: FROM: APRIL 22, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATO •'TERRANCE G. PIN •':DIRECTOR OF UT Y SERVICES • HARRY E. ASHER PREPARED BY: ASSISTANT DIRECTOR OF UTILITY SERVICES -ENGINEERING FIRM SELECTION 'ENGINEERING/HYDROGEOLOGICAL SERVICES FOR DESIGN AND •CONSTRUCTION OF A DEEP WELL DISPOSAL SYSTEM STAFFED AND SUBJECT: BACKGROUND: •° The Department of Utility Services received seven (7) responses to its Request for proposals to provide engineering services for the above -referenced project. The selection committee reviewed the seven (7) responses and selected three (3) firms to be interviewed !for the project. ANALYSIS: On April 12, 1991, the selection Committee interviewed the three (3) firms and, as a result of the interviews, ranked the firms as follows: 1. CH2M Hill 2. Post, Buckley, Schuh and Jernigan, Inc. 3. Camp, Dresser and McKee RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners authorize the Department of Utility Services to conduct negotiations and to proceed with an agreement with the first choice firm of CH2M Hill based upon the outcome of the negotiations. The Department also requests approval to proceed with negotiations with the second and/or third selection if negotiations fail. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, to authorize the Utilities Department to negotiate with the first choice firm and then the others in the order listed, if those negotiations fail. 84 Commissioner Scurlock cautioned Administrator Chandler regarding insurance requirements for this deep well project since there have been cases where they have gone awry. He is sure our Risk Manager will do that but wants to be very sure we are covered. Administrator Chandler assured him this will be double- checked. THE CHAIRMAN CALLED FOR THE QUESTION It was voted on and carried unanimously. EMERGENCY REPLACEMENT OF WATER LINES IN ROCKRIDGE The Board reviewed memo from Utility Director Terry Pinto dated April 26, 1991: DATE: TO: • 3 .. 'FROM: PREPARED AND STAFFED BY: .SUBJECT: APRIL 26, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATO TERRANCE G. PINT DIRECTOR OF UTILI SERVICES HARRY E. ASHER ASSISTANT DI OF UTILITY SERVICES •• EMERGENCY REPLACEMENT OF WATERLINES IN ROCKRIDGE - 6TH AVENUE AND 5TH COURT BACKGROUND The Department of Utility Services received the attached petition from the residents of 6th Avenue and 5th Court in Rockridge on April 19,;. 1991. The existing lines are 1 1/4" and 2" galvanized lines taken over from the Mid -Florida Utility System in the early 1980's. The original, date of construction of the lines is not known. The lines have deteriorated with external and internal corrosion =to the point of 'almost total loss of pressure to some customers and discolored water when pressure is available. ANALYSIS : z Upon receipt of the petition, the Department reviewed the specific locations and has responded to the petition on an "Emergency Basis" by beginning replacement of the lines on 6th Avenue and 5th Court immediately. The Department requested and received bids from two contractors who responded in writing on April 22, 1991. The low bid was from Tim Rose Construction in the amount of $9,706.00 to supply labor and equipment only for the construction. The Department will supply the necessary materials under its current materials bid through the Purchasing Department. The total estimated replacement cost, including materials, will not exceed $16,000.00. The funds for this replacement are in the current 1990-91 budget. The remaining galvanized lines in the area are scheduled for replacement, with construction projected to begin within 45 days. RECOMMENDATION The Department of Utility Services requests The Board of County Commissioners' retroactive approval of the emergency replacement of galvanized water lines on 6th Avenue and 5th Court with costs not to exceed $16,000.00. . 85 MAY 7 1991 c -'441,-;,c, s- F. Aja MAY 7 1991 BOOK 83 PAt,E 283 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously granted retroactive approval of the emergency replacement of galvanized water lines on 6th Avenue and 5th Court with costs not to exceed $16,000. SILVER OAKS (51ST COURT) WATER LINE EXTENSION The Board reviewed memo from Utility Director Terry Pinto dated April 17, 1991: DATE: APRIL 17, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINT DIRECTOR , UTI Y SERVICES PREPARED H. D. "�`r ' OST , P.E. AND STAFFED ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES :SUBJECT: BACKGROUND The subject 'project. was approved by the Board of County Commissioners on October 16, 1990, for in-house design. Plans and .specifications have been completed, and the DER permit. application 'has been submitted. SILVER OAKS (51ST COURT) WATER LINE EXTENSION - IRC PROJECT NO. UW -90 -16 -DS) ANALYSIS This is a petition project and construction will be paid for through assessment of benefitted property owners. The two properties on the corner of 51st Court and 16th Street will not be assessed as they are already being serviced by County water. There are 13 parcels in Silver Oaks, but 2 are already being serviced by County water, so they will not be assessed. A petition was signed by 9 out of the remaining 11 property owners (about 82%). The project consists of installing about 1,100 linear feet of 6" and 4" water line by connecting to an existing water main on 16th Street (Rosewood Road). Resolutions I and II, which contain the preliminary assessment roll and which further set a public hearing date are attached. Preliminary Assessment costs amount to $0.0639 per square foot of property owned; the total estimated cost of the project (including construction and engineering) is $23,989.00. RECOMMENDATION The staff of the Department of Utility Services recommends approval of Resolutions I and II. 86 j ,rroe ' TR.II STREET SR. e/ 00 •1 •••• TR.14 NLARGED 1/4 SEC. I8TH STREET SEE ENLARGED 1/4 SEC 3 - • '.g•sb'fr'*•2•• • ••• - • r:••••7 •..1 Pa.r!! • • • • • • ". ...z . • "14 • • err • corgo--d7bc.:: Rev, stop/ ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 91-53 providing for installation of a waterline in Silver Oak Estates (51st Court) and Resolution 91-54 setting a public hearing. 87 MAY 7 1991 AY 7ti391 BOOK 83 FAuE 85 RESOLUTION NO. 91- 53 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR INSTALLATION OF A WATERLINE IN SILVER OAK ESTATES (51st COURT); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a waterline of the County located in Silver Oak Estates (51st Court), hereinafter referred to as Project No. UW -90 -16 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a waterline shall be installed in Silver Oak Estates (51st Court), and the cost thereof shall• be specially assessed in accordance with the provisions of Sections 11-41 through 11-47 of the Code of Laws and Ordinances of Indian River County. 2. The total estimated cost of the above-described improvements is shown to be $23,989 (or approximately $.0639 per square foot) to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. 3. A special assessment in the amount of $.0639 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board, of County Commissioners after the public hearing required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. 88 If not . paid in full, the special assessments may be paid in five equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest at a rate of 12% from the Credit Date until paid. 5. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 11-46. The resolution was moved for adoption by Commissioner Sc u r 1 o c k, and 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 Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 7 day of MAY 7 1991 May , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman 89 [OOP.83Ft1uC. J tip( i9Si BOOK ©3 F,1EE 287 RESOLUTION NO. 91- 54 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN SILVER OAK ESTATES (51st COURT) AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATERLINE EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has., by Resolution No. 91-53 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed in approximately 14 properties hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be approximately $.0639 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the constructing such water main extension, propriety and advisability of as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at , the hour of 9:05 A.M. on Tuesday, May 28, 1991, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be 90 specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of' such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Scurlock , and 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 Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye • The Chairman thereupon declared the resolution duly passed and adopted this 7 day of May , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Richard N. Bird Chairman RESOLUTION 91-54, WITH ATTACHED PRELIMINARY ASSESSMENT ROLL, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 91 MAY 7 1991 BOOK Si r,,,, 83MAY 7; A9t BOOK PAGE 288 FINAL PAY REOUEST AND CHANGE ORDER #1 FOR SOUTH U.S.1 FORCE MAIN The Board reviewed memo from Utility Director Terry Pinto dated April 17, 1991: DATE: :TO: `FROM: • )9aa ;PREPARED AND STAFFED SUBJECT:: 7 APRIL 17, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR '; ;;_ TERRANCE G. PINTO -;-DIRECTOR OF UTILITY SERVICES ;WILLIAM F. McC • I. CAPITAL PROJE�� - ` EER DEPARTMENT 0 • ITY SERVICES ;;FINAL PAY REQUEST AND CHANGE ORDER NO. 1 FOR THE SOUTH U.S. 1 FORCE MAIN (EAST SIDE, NORTH OF 12TH STREET) INDIAN RIVER COUNTY PROJECT NO. US -88 -CCS • ;BACKGROUND .The aforementioned project reached substantial completion in :'.December 1990; however, due to delays in connecting the affected :businesses, we are just now finalizing the project (all affected businesses have been connected). A description of items for the Change Order can be found on Page 2 of the attached Change Order. The final pay request is also attached. • ANALYSIS The original contract amount was in the amount of $66,564.00. The attached Change Order -is for a net decrease of $1,692.50 (see Page 2 of the attached Change Order). With the approval of Change Order No. 1, the final contract price will be $64,872.00. Please see the final pay request for details. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve both the final pay request and Change Order with Utility Systems of America, Inc. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved both the final pay request and Change Order #1 with Utility Systems of America, Inc. as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 92 ENGINEERING CONTRACT FOR SERVICES WASTEWATER TREATMENT The Board reviewed memo from dated April 25, 1991: FOR EXPANSION OF NORTH COUNTY Utility Director Terry Pinto 'APRIL 25, 1991 JAMES E._ CHANDLER `.:,}; COUNTY ADMINISTRATOR ..6.; TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES :PREPARED ..;,WILLIAM F. McC AND STAFFED CAPITAL. PROJECTS ENGINEER BY:DEPARTMENT OF UTILITY SERVICES 1'1 3i•.. SUBJECT: •ENGINEERING CONTRACT FOR SERVICES FOR 1 MGD EXPANSION ." OF THE NORTH COUNTY WASTEWATER TREATMENT PLANT (WWTP) • ,:;..f•� ;: •_': EFFLUENT DISPOSAL 1.BACKGROUND . . On March 12, 1991, the Indian River County Board of County Commissioners approved the selection of Masteller, Moler and :Mayfield, Inc., to work on the aforementioned project. Following up with this approval, we have negotiated the attached scope of services and fees. We would like to have the contract approved in :entirety; however, it will be authorized on an item by itembasis by the Director of Utility Services. ,ANALYSIS The engineering services covered in this agreement are as follows: 1) 1 MGD North County Expansion construction cost of $1,600.000.00. 2) Effluent -Disposal Facilities construction cost of $230,000.00. The actual engineering costs are outlined on Pages 23 and 24 of the attached Work Authorization and follow FmHA construction percentages. Funds for this work will come from the Impact Fee Fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached contract with Masteller, Moler and, Mayfield, Inc., for the North County WWTP .Expansion. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, to approve and authorize the Chairman to execute the contract with Masteller, Moler and Mayfield, Inc. as recommended by Staff. 93 MAY 7 1991 MAY 71991 2a.1 7" BOOK 83 FA.GE j�.1 Commissioner Scurlock stated the City of Sebastian has not decided what their intentions are. He, therefore, wanted to be sure that we do no actual construction, and that, as stated in the memo, this only authorizes the reuse portion of the contract, and any expansion or design of expansion will be delayed until we have an official response from the Sebastian City Council. Administrator Chandler stated that is completely clear. THE CHAIRMAN CALLED FOR THE QUESTION It was voted on and carried unanimously. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD SOUTH COUNTY REVERSE OSMOSIS PLANT EXPANSION CHANGE ORDER #1 The Board reviewed memo from Utility Director Terry Pinto dated April 17, 1991: DATE: TO: APRIL 17, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINT DIRECTOR OF UTIL Y SERVICES ZPREPARED WILLIAM .AND STAFFED CAPITAL ABY. r " _ DEPARTME SUBJECT: INEER F UTILITY SERVICES SOUTH COUNTY REVERSE OSMOSIS PLANT EXPANSION CHANGE ORDER NO. 1 IRC PROJECT NO. UW -89 -07 -WC BACKGROUND ,On June 5, 1990, the Indian River County Board of County Commissioners signed a contract with Inscho-Kirlin for the South. :County Reverse Osmosis Plant expansion. The first Change Order is a reconciliation for modification items during the first part of the contract. Item descriptions are provided as Attachment "A" of the Change Order; Attachment "B" is a Change Order cost summary, with ,the remainder of the package containing - pertinent back-up .information. •• ANALYS IS On the attached Change Order, you will see the original contract price of $3,210,000.00. The total change due to this Change Order 'is a credit of $1,156.00; making the revised contract price $3,208,844.00. For details of the Change Order items and cost summary, see Attachment A and B. RECOMMENDATION• The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Change Order for a net credit of $1,156.00 from Inscho-Kirlin. 94 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously approved Change Order No. 1 for a net credit of $1,156.00 from Inscho-Kirlin as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD RESOLUTION OF INDIAN RIVER COUNTY ESTABLISHING A DISASTER EMERGENCY EMPLOYEE POLICY Commissioner Eggert referred to where it says, "Now, therefore, be it resolved that all department heads shall be available and on standby call," she felt it should say, "or his designee." Actually, "all department heads or their designated replacement," would be parallel to what is below it. Attorney Vitunac and Administrator Chandler agreed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 91-55, as amended, establishing a Disaster Emergency Employee policy. RESOLUTION NO: 91-55 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A DISASTER EMERGENCY EMPLOYEE POLICY. WHEREAS, Florida Statutes provide that the Board of County Commissioners of each county in the state of Florida is responsible to safeguard the life and property of its citizens. WHEREAS, in order to fulfill this requirement, during an emergency, as declared by the Governor or by the Indian River County Commission, or designated successor it is necessary that key county personnel be available, NOW, THEREFORE, BE IT RESOLVED that all department heads or their designated replacement shall be available and on stand -by -call; and 95 iv( '7 '1991 BOK 14,57) F'µ1 ti MAI 7 19-91 heads BOOK 83 pAGE2V3 BE IT FURTHER RESOLVED that unavailable department shall provide good and sufficient reason for their unavailability; and BE IT FURTHER RESOLVED that the Emergency Services Director or his designated replacement shall be available for emergency duty at all times; and BE IT FURTHER RESOLVED that each department head is responsible to maintain and provide the services and duties of his respective department during emergency situations; and BE IT FURTHER RESOLVED that any county employees refusing to perform the duties of his position during. an emergency without good cause shall be subject to termination from' county employment; and BE IT RESOLVED that during a declared emergency this policy shall supersede all other county personnel policies; and FURTHERMORE, BE IT RESOLVED that a .copy of the Peacetime Emergency Policy shall be kept in the office of the Clerk of Circuit Court and of the Board of County Commissioners of Indian River County at all times. The resolution was moved for adoption by Commissioner Scurlock - and the motion was seconded by Commissioner Bowman the vote was as follows: , and, upon being put to a vote, Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. -=.Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution no.91-55 duly passed and adopted this 7 day of May , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY 7-171 ra Chairman • 96 PROPERTY APPRAISAL ADJUSTMENT BOARD Attorney Vitunac said the Clerk's office has asked for a meeting of the Property Appraisal Adjustment Board sometime before June 1, 1991. This is required by law because of a timing problem. After discussion, it was decided to have the meeting on May 14 at 1:00 P. M. AFFORDABLE HOUSING Commissioner Eggert reported we received a letter from Harbor Federal regarding the availability of funds for first time home buyers. She encouraged the press to inform the people again about what's needed because it's a marvelous opportunity for first time home buyers with good credit to get a house at 7.575%, 30 -year fixed-rate mortgages. Chairman Bird noted we fought to get a good portion of that money available in this county, and it would be a shame not to get it used up. Commissioner Eggert felt Harbor Federal has really put themselves out there to do this and thought we should thank them for their participation. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously directed that -a letter of thanks be written by the Chairman to Harbor Federal for their participation. BILL KOOLAGE - ROTC Bill Koolage came before the Board and recounted his meeting with a young member of the ROTC who is concerned about impending government cuts. The young man is asking people to write to our Congressmen to try to prevent his unit from being dissolved. The worry is that the government is going to cut units in Florida because there are many ROTC units here and Mr. Koolage was requesting, on an individual basis, the Commissioners show support for the ROTC unit. Commissioner Wheeler wondered if we could, as a Board, do that. Commissioner Bowman enthusiastically described the fine job done by that group at the Indian River Festival and Commissioner Eggert added they were at the St. Helen's Festival and the Downtown Festival. 97 IL MAY 7 i99i LO CF. V '7 1991 1 ROOK 83 PAGE 2D5 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously directed the County Attorney to prepare, and the Board unanimously adopted Resolution 91-56, opposing the closing of the United States Air Force Junior Reserve Officer Training Corps Unit in Vero Beach, Indian River County, Florida. RESOLUTION NO. 91-56 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, OPPOSING THE CLOSING OF THE UNITED STATES AIR FORCE JUNIOR RESERVE OFFICER TRAINING CORPS UNIT IN VERO BEACH (INDIAN RIVER COUNTY), FLORIDA. WHEREAS, the United States Air Force is proposing a budget reduction of $2.2 million targeted at the closing of approximately 80 Air Force Junior Reserve Officer Training Corps Units throughout the United States; and WHEREAS, the Air Force Junior Reserve Officer Training Corps (AFJROTC) is a • grassroots organization striving to build, character and leadership as well as preparing thousands of outstanding young men and women for careers in the military; and WHEREAS, there are 316 AFJROTC Units throughout the world with 31 units in Florida and one such unit being in Vero Beach (Indian River County), Florida, specifically located at the Vero Beach High School; and WHEREAS, the Vero Beach AFJROTC Unit's elective 3 -year curriculum currently has an enrollment of approximately 135 high school students, with two instructors, teaching the students in such areas as aerospace; scienceaviation; civil aviation, theory of flight; navigation, form of government; leadership; military custom, courtesy, uniform and respect; first aid; alcohol and drug abuse; and group process; and 98 WHEREAS, aside from classroom instruction, the AFJROTC Vero Beach Unit is heavily involved in civic -oriented community projects such as the Special Olympics, Fire Fighters Annual Fair, Children's Art Festival, Indian River. Festival, Vero Beach Air Show, all elementary school carnivals, golf tournaments, and the 14th Avenue/Bourbon Street Mardi Gras wherein the AFJROTC assists in traffic control, security, parking and booth attendance, along with parade marching; and WHEREAS, in competition, the AFJROTC Unit in Vero Beach has been recognized as second champion in the State of Florida for both its Drill Team and Color Guard; four AFJROTC Vero Beach students were recently awarded scholarships for scholastic achievement; and last year the AFJROTC in Vero Beach received 12 out of 19 awards from the Patrick Air Force Base Summer Leadership Program which was comprised of AFJROTC students from three other neighboring communities, 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 United States Air Force Junior Reserve Officer Training Corps Unit in Vero Beach, Florida because of its scholastic achievement, community involvement in civic projects and because of the outstanding community group leadership developed by such a preparatory program. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Eggert, and, being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of May, 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: 99 MAY 7 1991 Richard N. Bird, Chairman 83 tilVf 7 1991 BUR 66; FREE n d SOLID WASTE DISPOSAL DISTRICT Chairman Bird announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:30 o'clock p..m. ATTEST: 100 Chairman