HomeMy WebLinkAbout7/26/1994� MINUTES WTACIILD �
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JULY 26, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman ( Dist. 4)
Kenneth R. Macht, Vice Chairman ( Dist. 3 )
Fran B. Adams (Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
o•nn a nn
Items
Item
Item
Item
Item
Item
Item
Item
1. CALL TO ORDER
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE -
4.
7-0
8
13-A-2
13-A-3
13-B
13-C
13-D
14
5.
6.
7.
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
James E. Chandler
ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
PAGE
Council of Public officials (COPO) Recommendation
Dates for public hearings regarding the budget.
Request for funds for Riverside Park maintenance
Appointment of Steve Pate to Planning & Zoning Commission
Courthouse Advisory Committee recommendation.
Unsigned letter regarding Cost of Living Adjustment (COLA).
Update on appointments to Parks and Recreation Committee.
Move Solid Waste Disposal District Meeting to. follow the
Public Hearing items.
PROCLAMATION AND PRESENTATIONS
None
APPROVAL OF MINUTES
A. Regular Meeting of June 28, 1994
CONSENT AGENDA
A. Received E Placed on File in Office of Clerk
to the Board:
St. Johns Water Control District, Annual
Financial Report and District Map
Sebastian River Water Control District,
Annual Financial Report and District Map
B. Appointment of John E. Moore, III to Affordable
Housing Advisory Committee
( memorandum dated July 19, 1994 )
C. Appointment of Dr. Wayne Sinclair to Environ-
mental Control Hearing Board
(letter dated June 27, 1994)
D. Acceptance of John Marino's Resignation from
Planning and Zoning Commission
JUL 26 1994 (letter dated July 11, 1994)
JUL 26 1994
7. CONSENT AGENDA (cont'd.):
E. Request for Authorization to Apply for Surface
Water Improvement 8- Management (SWIM) and
Nat'l. Estuary Program (NEP) Funds for Restora-
tion Projects at Round Island Park and the
Environmental Learning Center
( memorandum dated July 19, 1994 )
F. Transportation Disadvantaged Local Coordinating
Board Revised By -Laws
(memorandum dated July 12, 1994)
G. Community Transportation Coordinator (CTC)
Annual Evaluation Report
( memorandum dated July 1, 1994 )
H. Progress Report E Reimbursement Invoice
1994 Planning Grant Invoice #2
(memorandum dated July 5, 1994)
I. Transportation Disadvantaged Program FY 1994/95
Planning Grant Application
(memorandum dated July 5, 1994)
J . TDLCB Annual Report
( memorandum dated June 30, 1994 )
K. County Tax Deed Applications
( memorandum dated May 3, 1994 )
L. Release of Utility Liens
(memorandum dated July 15, 1994)
M. Oslo Rd., Additional R -O -W; Parcel #128,
Communications International, Inc.
(memorandum dated July 18, 1994)
N. Misc. Budget Amendment 021
(memorandum dated July 20, 1994)
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
St. Francis Manor's Request for Addition of
Land to Existing Lease
( letter dated July 19, 1994)
B. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER COUNTY,
FL, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
A-1 TO RS -3, FOR THE PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE
OF 4TH STREET BETWEEN 43RD AVENUE
AND 58TH AVENUE, AND DESCRIBED
HEREIN, AND PROVIDING FOR EFFECTIVE
DATE
(memorandum dated July 15, 1994)
9. PUBLIC ITEMS (cont'd. ):
B. PUBLIC HEARINGS (cont'd.):
2. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 201 COUNTY
WATER AND SEWER SERVICES OF THE
INDIAN RIVER COUNTY CODE TO PROVIDE
PRETREATMENT REGULATIONS
(memorandum dated July 20, 1994)
3. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ADDING A NEW SECTION CON-
CERNING A WRECKER OPERATOR SYSTEM
FOR REMOVAL AND STORAGE OF WRECKED,
DISABLED, IMPOUNDED OR ABANDONED
VEHICLES IN INDIAN RIVER COUNTY
(memorandum dated July 20, 1994)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Overall Economic Development Plan (OEDP )
Annual Report 1993-94
(memorandum dated July 13, 1994)
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
Bond Counsel Selection
(memorandum dated July 20, 1994)
F. PERSONNEL
None
G. PUBLIC WORKS _
1.
Round Island Park Landscaping, C.O. #1
( memorandum dated July 11, 1994 )
2.
SR AIA Widening E Drainage Improvements
(memorandum dated July 18, 1994)
3.
Extension of 5th St. S.W. East of 20th Ave.
(memorandum dated July 20, 1994)
4.
Request by Property Owners of 103rd and
105th Court for Grading of Dedicated Roads
(memorandum dated July 20, 1994)
_ 5.
Indian River County/Vero. Beach Breakwater
Monitoring Contract
(memorandum dated July 20; 1994)
H. UTILITIES
J U L 26 1994 None
L-�
-1
J U L 26 1& COUNTY ATTORNEY
A. Release and Substitution of Conservation
Easement - ' Lindsey Lanes S/ D
(memorandum dated July 19, 1994)
B. Resolution Appointing Value Adjustment Board
Members and Providing for Per Diem Compensation
for Value Adjustment Board Members
(memorandum dated July 19, 1994)
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
Ad Hoc Manatee and Boating Safety Committee
(memorandum dated July 20, 1994)
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting of 6/21/94
2. Purchase of Replacement Pumper Fire
Apparatus in Lieu of Expending Funds
for Major Repairs to Vehicle #501
(memorandum dated July 20, 1994)
B. SOLID WASTE DISPOSAL DISTRICT
Approval of Minutes - Meeting of 6/28/94
C. SOLID WASTE DISPOSAL DISTRICT PUBLIC HEARING
Readiness to Use Fee
(memorandum dated July 19, 1994)
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT 'THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, July 26, 1994
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', July 26, 1994,
at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R.
Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and Carolyn
K. Eggert. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
The Chairman called the meeting to order, and Administrator
Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Tippin requested the addition of Item 13-A-2, Request
for funds for Riverside Park maintenance and Item 13-A-3,
Appointment of Steve Pate to Planning & Zoning Commissioner, and
moving the Solid Waste Disposal District Meeting to follow the
Public Hearing items.
Commissioner Macht requested addition of Items 7-0, Council of
Public Officials Recommendation and 13-B, Courthouse Advisory
Committee recommendation. -
commissioner Adams requested addition of Item 13-C, Unsigned
letter regarding Cost of Living Adjustment (COLA).
Commissioner Bird requested addition of Item 13-D, Update on
appointments to Parks and Recreation Committee.
Administrator Chandler requested addition of Item 8, Dates for
public hearings regarding the budget.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
moved and added the above items to the Agenda.
1 DOCK 92 m [, J 0111,
July 26, 1994
Boa 92 PAJ 012
APPROVAL OF AUNUTB..S
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of June 28, 1994. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Regular Meeting of June 28,
1994, as written.
CONSENT AGENDA
A. Reports
The following was received and placed on file in the office of
Clerk to the Board:
St. Johns Water Control District Annual Financial Report and
District Map
B. Appointment of John E. Moore III to Affordable Housing Advisory
Committee
The Board reviewed memo from Commissioner Eggert dated July
19, 1994:
MEMORANDUM
TO: Board of County Commissioners
FROM: Commissioner Carolyn K. Eggert
RE: Appointment of John E. Moore, III to Affordable Housing
Advisory Committee
DATE: July 19, 1994
I respectfully request that the Board of County
Commissioners appoint John E. Moore, III to serve on the
Affordable Housing Advisory Committee.
Mr. Moore will fill the vacancy left by the removal of Mr.
Charles Cox as an Advocate for Low Income Persons.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously appointed
John E. Moore III to Affordable Housing Advisory
Committee as Advocate for Low Income Persons.
2
July 26, 1994
C. Appointment of Dr. Wayne Sinclair to Environmental Control Hearing
Board
The Board reviewed the letter from Indian River County Medical
Society Executive Director Melissa Hogan dated June 27, 1994:
IltIndian River County Medical Society
e P. O. BOX 573
VERO BEACH, FLORIDA 32961
(407) 562.0123
June 27, 1994
John W. Tippin, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Tippin,
Dr. Dudley Teel, our current President, has nominated Dr. Wayne
Sinclair, a local physician specializing in Allergy and
Immunology, to replace the position made vacant by Dr. Zwemer's
resignation.
I have spoken with Dr. Sinclair and he is willing to commit the
time to participate on the Indian River County Environmental
Control Hearing Board. His address is 3036 20th Street, Vero
Beach, 32960 and his phone number.is 778-1944. I told him that
your office would be in touch with his to let him know the
details.
Thank you for your correspondence; Ism sure Dr. Sinclair will do
a wonderful job. If you have any further questions, please don t
hesitate to call me.
Sincerely,
Melissa Hogal�n.
Executive Director
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously appointed
Dr. Wayne Sinclair to the Environmental Control
Hearing Board.
3
July 26, 1994
Booz 92 m�1 D1
mo, 92 FAGJ01
D. Acceptance of John Marino's Resignation from Planning and Zoning
Commission
The Board reviewed the letter from John J. Marino dated July
11, 1994:
FlightSafety
Vero Beach Municipal Airport P.O. Box 2708 Vero Beach, FL 32961-2708 (407)778-4992 (800) 829.4992 FAX: (407) 778.8496
John J. Marino
Airline Marketing Manager
Ab Initio and Airline Transition Programs -
July 11, 1994
John J. Tippin
Chairman
Board of County Commissioners
Indian River County
Vero Beach, FL 32960
Dear Mr. Tippin:
It is with great regret that I must submit to you my resignation as a member of the
Planning and Zoning Commission. The travel associated with my employment
simply results in my not being able to comply with the 90% attendance
requirement you noted during your visit to my office.
I have enjoyed very much serving as a Planning and Zoning Commissioner and
would be pleased to continue in that service, were it not for the demands of my
employment.
Please contact me if you have any questions.
Thank you, and best regards.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously accepted,
with regret, the resignation of John J. Marino from
the Planning & Zoning Commission.
4
July 26, 1994
E. Request for Authorization to Apply for Surface Water Improvement &
Management (SWIlVII and National Estuary Program (NEPI Funds for
Restoration Projects at Round Island Park and the Environmental Learning
Center
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated July 19, 1994:
TO: James E. Chandler
County Administrator
DE TMENT HEAD CONCURRENCE:
i
Robert M. Keating AICP
Community Development
Director
FROM: Roland M. DeBlois,' AICP
Chief, Environmental Planning
DATE: July 19, 1994
RE: Request for Authorization to Apply for Surface
Water Improvement & Management (SWIM) and
National Estuary Program (NEP) Funds for
Restoration Projects at Round Island Park and
the Environmental Learning Center
It is requested that the data herein -presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of July 26, 1994.
DESCRIPTION AND CONDITIONS
The County Marine Advisory/Narrows Watershed Action Committee
(MANWAC), at its regular meeting of July 18, 1994, voted to
recommend that the Board of County Commissioners authorize staff to
apply for funds for environmental projects at Round Island Park
(riverside) and the Environmental Learning Center.
These grant application proposals are described herein for the
Board's approval consideration. County match for the projects would
be in the form of in-kind services; no out-of-pocket county
expenditure is proposed.
Background
Marty Smithson, SWIM coordinator for the St. Johns River Water
Management District (SJRWMD), has indicated that funds. are
available from the Surface Water Improvement and Management Program
(SWIM) and the EPA National Estuary Program (NEP) for Indian River
Lagoon projects.
Specifically, for fiscal y
_program projects, and $5,0(
SWIM funding may be used f o
and/or construction. N
educational or planning
programs will be availabl
July 26, 1994
eear 1994-95, $3,300'is available for SWIM
0 for National Estuary Program projects.
r storm water retrofitting, restoration,
EP funding, however, may be used for
related .projects. Funds under these
as of October 1,-1994.
5
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Boos
ALTERNATIVES & ANALYSIS
Round Island Park
92 of t 016
Concerning a Round Island Park SWIM revegetation project, staff met
with Public Works Department staff and representatives from Native
Habitat, Inc., who recently completed an off-site shoreline
mitigation project at the park.
Currently, there are retention ponds at Round Island Park
(riverside) that are impacted by cattails. However, there are some
native species among the cattails that would potentially re-
establish themselves if the cattails were manually removed. Also,
the lagoon shoreline has areas that would benefit from replacement
of nuisance exotic vegetation and/or bare soil with native
shoreline species, which would complement a previous successful
SWIM shoreline restoration project at the park.
Another aspect of the proposed project is planting native hammock
understory species in areas where native canopy trees are being
planted as part of park landscaping.
Native Habitat, Inc. has indicated that -they can work within the
parameters of the $3,300 SWIM grant for shoreline and hammock
understory restoration, including native plant installation.
According to Marty Smithson, the County is obligated to provide a
match to SWIM funds; this County match may be in the form of in-
kind services. In coordination with the Public Works Department,
staff proposes a County match of in-kind services entailing the
removal of cattails from the park retention ponds, to allow for
native plant re-establishment.
Environmental Learning Center
Staff has contacted the Environmental Learning Center (ELC) to
discuss potential NEP projects at the Center. George Bunnell, ELC
staff, and Mosquito Control District staff recommend a habitat
restoration/education project entailing the re -connection and
cleaning of ditches in the property's mangrove wetland.
Re -connection of the ditches on the 51 acre site to the Indian
River Lagoon would allow the recruitment of native high marsh plant
species on the ELC property, and also improve canoe trails for
educational purposes. The level of work will be dictated by grant
funding constraints ($5,000). Mosquito Control District staff has
indicated that they will provide an in-kind service match to the
grant by performing physical labor relating to the project.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
staff to apply for SWIM and NEP funding for the Round Island Park
and Environmental Learning Center projects described herein.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to apply for SWIM and NEP funding for the
Round Island Park and Environmental Learning Center
projects described in staff's memorandum.
July 26, 1994
F. Transportation Disadvantaged Local Coordinating Board Revised
By -Laws
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated July 12, 1994:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE
Robert M. Reatir4, AICD/
Community Development Director
FROM: Sasan Rohani, AICP S/z•
Chief, Long -Range Planning
DATE: July 12, 1994
RE: TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
REVISED BY-LAWS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
DESCRIPTION AND CONDITIONS
On February 21, 1991, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) adopted a set of by-laws, consistent
with the "LCB's Operating Guidelines" established by the State
Commission for the Transportation Disadvantaged on January 10th,
1990.
On August 20, 1992, the TDLCB revised the by-laws to include new
members to the membership list as required by the State Commission
for the Transportation Disadvantaged (CTD) and to add a section
regarding formation of a Technical Advisory Committee.
The membership of the Transportation Disadvantaged Local
Coordinating Board must be consistent with the criteria established
pursuant to Rule 41-2.012(3), FAC, as revised. Since the
Transportation Disadvantaged Local Coordinating Board's By-laws
were revised last in August, 1992, the state has _revised the
membership requirements and.added three new members to the TDLCB.
These new members must represent the Florida Agency for Health Care
Administration, the private transportation industry, and the
mass/public transit industry, if applicable.
On April 5, 1994, the Board of County Commissioners sitting as the
Designated Official Planning Agency approved a membership
certification list that includes all of the above referenced
changes (copy of the membership certification is attached). The
TDLCB by-laws must be revised to reflect the changes to the
membership requirements. .
At its meeting of July 21, 1994, the TDLCB approved the revised by-
laws and directed the staff to forward the by-laws to the Board of
County Commissioners (the Designated Official Planning Agency
(DOPA) for transportation disadvantaged matters) for review and
concurrence prior to submittal to the State Commission for the
Transportation Disadvantaged.
July 26, 1994
8100K `FAA 01
ALTERNATIVES AND ANALYSIS
Since the Transportation Disadvantaged Local Coordinating Board
membership must be consistent with the criteria established
pursuant to Rule 41-2.012(3), FAC, as revised the board's only
option is to revise the TDLCB by-laws to correspond to the state
requirements. The membership of the TDLCB already reflects these
revisions. The TDLCB, as indicated in the attached membership
certification, has appropriate representatives from corresponding
agencies. Since there is no mass/public transit industry in the
county, the TDLCB does not have a representative from the
mass/public transit. At this point, a search is in progress to
find a representative from the private transportation industry. By
finding a representative for the private transportation industry,
the TDLCB will have a full membership consistent with state
requirements.
RECOMMENDATION
The TDLCB and staff recommend that the BCC/DOPA approve the revised
by-laws and direct staff to forward the by-laws to the State
Commission for the Transportation Disadvantaged.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the revised by-laws of the Transportation
Disadvantaged Local Coordinating Board and directed
staff to forward the by-laws to the State Commission
for the Transportation Disadvantaged.
G. Community Transportation Coordinator (CTC) Annual Evaluation
Report
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated July 1, 1994:
TO: James E. Chandler
County Administrator
DI SION HEAD CONCURRENCE
Robert M. Kea in , AI
Community Development irector
FROM: Sasan Rohani, AICP T -/L
Chief, Long -Range Planning
DATE: July 1, 1994'
RE: COMMUNITY TRANSPORTATION COORDINATOR (CTC) ANNUAL
EVALUATION REPORT
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
8
July 26, 1994
DESCRIPTION AND CONDITIONS
One requirement of the county's coordinated transportation
disadvantaged development plan is that "the Transportation
Disadvantaged Local Coordinating Board (TDLCB) shall evaluate the
performance of the Community Transportation Coordinator and provide
a recommendation to the DOPA for continuation or replacement of the
Community Transportation Coordinator". To facilitate this
evaluation process, the TDLCB developed a set of criteria for the
coordinator evaluation. On September 11, 1992, the Board of County
Commissioners, acting as the county's Designated Official Planning
Agency (DOPA), approved the CPC's evaluation procedures and
standards.
To conduct the CTC evaluation, the Transportation Disadvantaged
Local Coordinating Board (TDLCB) established a subcommittee, whose
purpose was to meet with the coordinator and evaluate the
coordinator's performance. Using the criteria established by the
TDLCB, the subcommittee assessed the performance of the Community
Transportation Coordinator and prepared a report addressing the
coordinator's performance in relation to each of the evaluation
criteria. A copy of that report is attached. Based upon its
assessment, the evaluation sub -committee recommended that the
Indian River County Council on Aging be retained as the county's
CTC.
At its regular meeting on July 21, 1994, the TDLCB approved the CTC
annual evaluation report submitted by the evaluation subcommittee.
The TDLCB also directed staff to forward the evaluation report to
the Board of County Commissioners/DOPA for review and approval.
Alternatives and Analysis
The Indian River County Council on Aging has been the County's
Community Transportation Coordinator (CTC) since October 1990. In
the past three years, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) recommended that the BCC/DOPA retain the
Council on Aging as the county's CTC. Subsequently, the BCC/DOPA
approved the TDLCB's recommendation and retained the Indian River
County Council on Aging as the coordinator.
This year, evaluation of the CTC has been performed by an
evaluation subcommittee of the Local Coordinating Board. This
evaluation was conducted according to the CTC evaluation procedures
and criteria approved by the TDLCB and the BCC/DOPA. Based upon
the evaluation committee's report, the Transportation Disadvantaged
Local Coordinating Board voted to retain the Council on Aging as
the county's CTC.
The Board of County Commissioners acting as the Transportation
Disadvantaged Designated Official Planning Agency (DOPA) has
several alternatives. The first alternative is to approve the CTC
annual evaluation report and retain the Council on Aging as the
County's CTC. A second alternative would be to reject the CTC
annual evaluation report and direct the TDLCB to re-evaluate the
coordinator. A third alternative would be to make changes to the
evaluation report and vote either to, retain or terminate the
Council on Aging as the county's CTC.
RECOMMENDATION
The TDLCB and staff recommend that BCC/DOPA approve the attached
CTC annual evaluation report, retain the Indian River County
Council on Aging as the county's CTC, and direct staff to fozwaid
the evaluation report to the State Commission for the
Transportation Disadvantaged.
July 26, 1994
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Community Transportation Coordinator's (CTC)
annual evaluation report, retained the Indian River
County Council on Aging as the County's CTC, and
directed staff to forward the evaluation report to
the State Commission for the Transportation
Disadvantaged, as recommended by staff.
H. Progress Report and Reimbursement Invoice - 1994 Planning Grant
Invoice #2
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated July 5, 1994:
TO: James E. Chandler
County Administrator
DEP NT HEAD CONCURRENCE
- - - 1-0 - /0' � ej
Robert M. Reat q,A CP
Community Developmen Di for
FROM: Sasan Rohani, AICP
Chief, Long -Range Planning
DATE: July 5, 1994
RE: PROGRESS REPORT & REIMBURSEMENT INVOICE
1994 PLANNING GRANT INVOICE #2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
DESCRIPTION AND CONDITIONS
It is required, as part of the Transportation Disadvantaged (TD)
Planning Grant contract between the Indian River County Board of
County Commissioners (BCC) as the Designated Official Planning
Agency (DOPA) and the State of Florida Commission for the
Transportation Disadvantaged (CTD), that periodic progress reports
and reimbursement invoices be submitted. To comply with the.CTD's
requirements, staff has prepared a progress report and invoice for
the period from April 1, 1994 to June 30, 1994.
For the 1994 planning grant period, the invoice and progress report
represent the second submittal. This progress report and
applicable finished products, such as the Local Coordinating Board
(LCB) meeting minutes, by-laws, etc., are required to accompany all
reimbursement invoices.
Attached for your review is a copy of draft invoice #2 and the
progress report. This report, along with the appropriate
supporting documents, will be submitted to the CTD upon the Board
of County Commissioners/DOPA approval.
10
July 26, 1994
On July 211 1994, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached
progress report and invoice. At that time, the TDLCB recommended
that the Board of County Commissioners, in its capacity as the
Transportation Disadvantaged Program Designated Official Planning
Agency (DOPA), approve the attached progress report and invoice and
forward these to the CTD.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the progress report and invoice for the April
1, 1994 to June 30, 1994 period.
Finished products such as the TDLCB meeting minutes, by-laws, and
reports are required to accompany all reimbursement invoices.
These materials will be submitted to the state along with the
reimbursement invoice and the progress report.
The BCC/DOPA's alternatives are either to approve the transmittal
of the Progress Report and reimbursement invoice as submitted, to
approve transmittal of the Progress Report and invoice with
revisions, or to deny the transmittal of the Progress Report and
reimbursement invoice to the state.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the Progress Report and reimbursement
invoice #2, and direct staff to transmit the report and the invoice
to the State of Florida Commission for the Transportation
Disadvantaged (CTD).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Progress Report from 4/1/94 to 6/30/94 and
reimbursement Invoice #2, and directed staff to
transmit the report and the invoice to the State of
Florida Commission for the Transportation
Disadvantaged, as set out in staff's memorandum.
I. Transportation Disadvantaged Program, Fiscal Year 1994/95 Planning
Grant Application and Authorizing Resolution
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated July 5, 1994:
11
July 26, 1994
bm w,,,1021
0
Bm 92 f�,4022
TO: James Chandler
County Administrator
DIV ION HEAD CONCURRENCE:
�_, 02�, 0 - � Z�_ Z "
ert M. KeAt3Lncj,,j AIC
Community Development rector
FROM: Sasan Rohani, AICP !;-4.
Chief, Long -Range Planning
DATE: July 5, 1994
RE: TRANSPORTATION DISADVANTAGED PROGRAM FY 1994/95 PLANNING
GRANT APPLICATION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
DESCRIPTIONS & CONDITIONS
In June of 1990, the Board of County Commissioners was approved by
the state to become the local Designated Official Planning Agency
(DOPA) for the provision of transportation disadvantaged planning
activities in the area.
For fiscal year 1994/1995, the state has allocated $17,691._0.0 to
Indian River County for transportation disadvantaged planning
related services. The grant funds are available for the specific
purpose of accomplishing the duties and responsibilities of the
Designated Official Planning Agency (DOPA) as identified in the
Transportation Disadvantaged law, Chapter 427, F.S. and Rule 41-2
FAC. The DOPA is required to apply for the Planning Grant (copy
attached).
As provided for by the state, a Designated Official Planning Agency
may transfer any or all of its unobligated planning grant funds to
the county's non -sponsored trip/equipment grant allocation. Non -
sponsored trip/equipment grant funds are monies available to the
county's Community Transportation Coordinator (CTC) to cover
capital and operating costs associated with the provision of
transportation disadvantaged service. Essentially, this transfer
provision allows unneeded planning funds to be transferred to the
Community Transportation Coordinator (CTC) to be used for providing
trips.
Based upon a review of the amount of work involved in fulfilling
the county's planning related duties and responsibilities
associated with the Transportation Disadvantaged program, staff has
determined that $4,000.00 of the funds allocated for the planning
grant can be transferred to the CTC for provision of non -sponsored
transportation disadvantaged trips. If approved, the $4,000 will
supplement non -sponsored trip/equipment funds and will be utilized
by the Community Transportation Coordinator (I.R.C. Council on
Aging) to provide transportation services to transportation
disadvantaged clients. Since the total number of passenger trips
and the total vehicle trip miles provided through the CTC are two
of the factors included in the state formula for distribution of
trip/equipment funds to the CTCs, any increase in the number of
trips provided through the Community Transportation Coordinator
will also increase the Community Transportation Coordinator's
chance of getting more trip/equipment funding for the next FY.
12
July 26, 1994
On July 21, 1994, the Transportation Disadvantaged Local
Coordinating Board discussed and recommended approval of the FY
1994/95 Planning Grant application.
ALTERNATIVES & ANALYSIS
The purpose of the planning grant application is to obtain funds to
cover the planning related costs involved with fulfilling the
county's duties and responsibilities associated with the state
mandated transportation disadvantaged program. The grant monies
are needed to provide monetary support to the county for the
continued provision of planning related services in conjunction
with the local transportation disadvantaged program.
Failure to apply for the grant will result in a lack of funding
from the state for planning related services which are mandated by
the transportation disadvantaged program.
The Board has three major alternatives. One is to apply for the
grant funds as recommended by staff and the TDLCB. The second
alternative is to apply for the entire amount allocated for the
planning grant and not transfer any funds to the trip/equipment
fund. The third alternative is to not apply for the grant funds,
an action which would make the county ineligible for reimbursement
of monies expended for planning related services.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners approve the transmittal of the FY 94-95 Planning
Grant application to the state CTD as proposed by staff.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-94, authorizing the filing of a
Transportation Disadvantaged Trust Fund Grant
Application with the Florida Transportation
Disadvantaged Commission.
13
July 26, 1994
Boa 92 Pn 02
ox 8
EXHIBI-T C
AUTHORIZING RESOLUTION
Resolutiol No. 94-q_C
A RESOLUTION of the Indian. River County Board of County Commissioners (DOPA)
authorizing'the
filing of a Transportation Disadvantaged Trust Fund Grant Application with
the Florida Transportation Disadvantaged Commission.
WHEREAS, this BOARD has the authority to file a Transportation
Disadvantaged Trust Fund Grant Application and to undertake a
transportation disadvantaged service project as authorized by Section
427.0159, Florida Statutes, and Rule 41-2, F.A.C.
NOW, THEREFORE,_BE IT RESOLVED BY THE BOARD THAT:
I. The BOARD has the authority to file this grant application.
2. The BOARD authorizes Robert M. Keating, AICP to file
and e e ute the application on behalf of the Indian River County
Board off �ounty Commissioners DOPA) with the Florida Transportation
Disadvantaged Commission.
3. The BOARD authorizes Robert M. Keating, AICP to sign
any and all agreements or contracts which are required in
connection with the application.
4. The BOARD authorizes Robert M. Keating, AICP to sign
any and all assurances, reimbursement invoices, warranties,
certifications and any other documents which may be required in
connection with the application or subsequent agreements.
DULY PASSED AND ADOPTED THIS
4 DAY OF a"u L--1 19 W
BOARD OF I.R.C. Board of County Commissioners
Commissioner John W. Tippin
Typed name of Chairperson
ATTEST:
(Seal required)
14
July 26, 1994
M
ure of Chaireerson
PL Grant Appl. Page 4
M
J. Transportation Disadvantaged Local Coordinating Board Annual Report
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated June 30, 1994:
TO: James E. Chandler
County Administrator
D%IVIS HEAD CONCURRENCE.
Robert M. 7Xeaf.1Ag, A P
Community Developmen Diir or
FROM: Sasan Rohani, AICP 'C 4?.
Chief, Long -Range Planning
DATE: June 30, 1994
RE: TDLCB ANNUAL REPORT
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
DESCRIPTION AND CONDITIONS
In order to comply with Rule 41-21 Florida Administrative Code,
the Board of County Commissioners must submit several reports to
the State of Florida Commission for the Transportation
Disadvantaged. Included among those submittals is: a
Transportation Disadvantaged Local Coordinating Board (TDLCB)
Annual Report. The TDLCB annual report provides a brief summary of
the TDLCB's accomplishments/ activities during its fourth year of
operation. The report summarizes the TDLCB's organization,
allocated funding, vehicle inventory and related activities for
fiscal year 1993-94.
On July 21, 1994, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached TDLCB
annual report. At that time, the TDLCB recommended that the Board
of County Commissioners, in its capacity as the Transportation
Disadvantaged Program Designated Official Planning Agency (DOPA),
approve the attached report and forward the report to the CTD.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the TDLCB annual report for fiscal year 1993-
94. This report must be submitted to the State of Florida
Commission for the Transportation Disadvantaged.
The BCC/DOPA's alternatives are either to approve the transmittal
of this report as submitted, to approve transmittal of the TDLCB
annual report with revisions, or to deny the transmittal of this
report to the state.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the TDLCB annual report for fiscal year
1993-94 and direct staff to transmit this report to the State of
Florida Commission for the Transportation Disadvantaged.
15
July 26, 1994
800x 92 cm10
Boa S2 rpld 026
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Transportation Disadvantaged Local Coordinating
Board Annual Report for fiscal year 1993/94, and
directed staff to transmit the report to the State
of Florida Commission for the Transportation
Disadvantaged.
K. County Tax Deed Applications
The Board reviewed memo from Lea R. Keller, CLA, dated May 3,
1994:
TO: �Board of County Commissioners
FROM: Lea R. Keller, CLA, County Attorneys Office
THRU: Charles P. vitunac, County Attorney
DATE: May 3, 1994
RE: COUNTY TAX DEED APPLICATIONS
Mr. Karl Zimmermann, Tax Collector, has notified us that there are nine tax
certificates held by Indian River County that are eligible for tax deed
application. Therefore, it is necessary for the Chairman to sign the
attached applications on behalf of the Board, and then return them to the Tax
Collector along with the required fees, i.e., nine searches at $59.00 and
nine applications at $15.00.
Requested Action: Board authorize the payment of $666.00 and the Chairman to
sign the attached tax deed applications.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
payment of $666 to the Tax Collector for 9 searches
and 9 applications and authorized the Chairman to
execute the tax deed applications, as recommended by
staff.
16
July 26, 1994
L. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated July
15, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorneys Office"
DATE: July 15, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of
County Commissioners to authorize the Chairman to sign so that they
can
be recorded. The names and projects are:
1.
Blue Cypress Lake Sewer Project
SALVADOR
2.
Club Grove Estate Water Project
SILVERMAN
3.
Citrus Gardens Water Project
GIELOW
4.
Green Acres Water Project
MONROE/HALLIDAY
WEAVER
S.
Kings'Highway Water Project
THOMAS
6.
Phase I Water Project
LAIRD
7.
Phase II Water Project
BALD/ARTHUR
JELMBy
DUGAN
8.
Phase III Water Project
GREER
HEMPTON
HARBOR INVESTMENT GROUP, INC.
SNEAD
9.
Raintree Corner Subd. Water Project
CARPENTER
PEGG
CLARK
TURNER
MINETTI
WAINRIGHT
YARINA
10.
Rockridge Sewers Project
HOUSENICK
WILSON
MASON
17 x�
July 26, 1994 Baow U2
80-DIX
11. Royal Poinciana Project
12. Wood Hollow Water Assessment
MASSEY
13. 12th Street Water Project
GRIESSER
14. Satisfaction/Payment of Existing Impact Fees
COLLETTE
HOCH
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the lien releases as listed in staff's memorandum.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
"?A4 028
M. Oslo Road Additional Right -of -Way Parcel #128. Communications
International Inc.
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated July 18, 1994:
TO: James E. Chandler
County Administrator
THROUGM: James W. Davis, P.E.
Public Works Director
AND
Terry B. Thompson, P.E
Capital Projects Manager
FROM: Donald G. Finney, SRA
County Right -of -Way Agent
SUBJECT: Oslo Road, Additional Right -of -Way;
Communications International, Inc.
COUNTY PROJECT #: 8919
DATE: July 18, 1994
DESCRIPTION AND CONDITIONS
CONSENT AGENDA
Parcel #128,
Additional right-of-way on the south side of Oslo Road is needed to
continue the widening of Oslo Road further to the west from the top
of the ridge to the canal.
18
July 26, 1994
J
The property owner has executed a contract for $9,660.00 for the
4,200 square foot, CG zoned parcel. The purchase price is at $2.30
per square foot which is the same price per square foot the county
paid for all other CG zoned parcels on Oslo Road.
No appraisals were obtained because of the current sales and recent
purchases of adjoining parcels at $2.30, and the additional cost
and time element.
There are no engineers, appraisers or attorneys fees to be paid by
Indian River County.
RECOMMENDATION
Staff requests the Board of County Commissioners approve the
$9,660.0.0 purchase, and authorize the Chairman to execute the
contract.
FUNDING
Funding to be from Account No. 101-156-541-067.43, Traffic Impact
Fee, District 6
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
purchase of right-of-way on the south side of Oslo
Road from Communications International, Inc., in the
amount of $9,660, as recommended by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
N. Miscellaneous Budget Amendment 021
The Board reviewed memo from OMB Director Joe Baird dated July
20, 1994:
TO: Members of the Board
of County Commissioners
DATE: July 20, 1994
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 021
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
I. The Board of County Commissioners approved to accept the EMS
Matching Grant at their July 27, 1993 meeting, The state's portion
is $70,200. This entry allocates the funding.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 021.
19
July 26, 1994
BOOK 92 vnI 02-9
TO:
FROM:
8m. 92 pnl630
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Budget Amendment 021:
Members of the Board BUDGET AMENDMENT. 021
of County Commissioners
Joseph A. Baird
OMB Director
DATE: July 20, 1994
Entry
Number
Funds/Depamnent/Account Name
Account Number
Increase
Decrease
1.
REVENUE
EMERGENCY SERVICES DIST./ALS
EMS Matching Grant
114-000-334-291.00
$70,200
$0
2.
EXPENSE
EMERGENCY SERVICES DIST./ALS
Other Machinery and Equipment
115--253-526-039.24
$70,200
$0
O. Council of Public Officials Recommendation
The Board reviewed memo from County Attorney Charles Vitunac
dated July 25, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Charles P. Vitunac, County Attorney
DATE: July 25, 1994
RE: COUNCIL OF PUBLIC OFFICIALS
Commissioner Ken Macht suggested to the Council of Public Officials, and
the Council unanimously voted, that an invitation to join the Council
should be extended to the Indian River County Mosquito Control District.
If the Board agrees with this suggestion, I would be pleased to prepare
the necessary amendments to the resolution creating the Council and to
send copies to the District for its consideration.
20
July 26, 1994
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-96, amending Resolution 93-23, which
established the Council of Local Public officials,
by adding a member to the Council.
iAf 7-6-R LoC_A L
/q E?'e 6EM CAI 7' RESOLUTION NO. 94-96
tee,,@ b,9,D 1,V &Sz- /c- Rcc"A
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING RESOLUTION NO. 93-23, WHICH ESTABLISH-
ED THE COUNCIL OF LOCAL PUBLIC OFFICIALS, BY
ADDING A MEMBER TO THE COUNCIL.
WHEREAS, the Council of Local Public Officials and the Board of County
Commissioners unanimously voted to include a member of the Indian River
County Mosquito Control District in the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
1. The membership of the Council of Local Public Officials is increased to
include a member from the Indian River County Mosquito Control District.
2. The Chairman of the Board of County Commissioners is authorized to
execute the attached amendment to the Interlocal Agreement creating the
Council of Local Public Officials.
The resolution was moved for adoption by Commissioner E g q e r t , and
the motion was seconded by Commissioner Bird , and, upon being put to a
vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye —
The Chairman thereupon declared the resolution duly passed and adopted
this 2 6 day of July , 1994.
qQ
APPROVED FOR 0 '
B.C.C�`�IE�TvCONSENT AGENDA
COUNTY ATTORNEY
July 26, 1994
BOARD OF COUNTY COMMISSIONERS
INDI IVER COUNTY, FLORIDA
By Z�John W. Tip inff
Chairman
A test:
Jef K. lerk
Barton,,
gY (3- . k v,
21 fA
Box FWAV0
pp //yyyy D2
���) al"407',
L}�UT 'IM?�
SCHEDULE DATES OF PUBLIC HEARINGS TO DISCUSS BUDGET
Administrator Chandler explained that staff tentatively
scheduled the public hearings to discuss the budget but understood
that there are conflicts with the dates.
After discussion, it was the consensus of the Board to
schedule the public hearings to discuss the budget for fiscal
1994/95 at 5:01 p.m. on Wednesday, September 14 and at 5:01 p.m. on
Monday, September 26, 1994.
ST. FRANCIS MANOR'S REQUEST FOR ADDITION OF LAND TO
EXISTING LEASE
The Board reviewed letter from Frank L. Zorc dated July 19,
1994:
July 19,
or verly�
Indian River County Commission
1840 20th. St.
Vero Beach, FL 32960
ATTN: Administrators Office
t
178020TH AVENUE
VERO BEACH, FLORIDA 32880
(A1362.8573 Business Manager
MOM 562.6871 Social Manager
ST -Francis Manor's
request for addition
of land to existing lease.
On May 17, 1994 I appeared before the commission regarding the
above. Just prior to your meeting it was discovered that the land
we are seeking was conveyed to the City of Vero Beach with the Jail
property a few years ago.
It was then suggested I make request to the City for this
land. During the past few months we have worked with the City.
Substantial study was made by City administration, and a new land
survey was done to clearly depict the area we desire. (Exhibit "A"
attached.)
The result of above was the City Council voted this evening to
a. Lease the land to the Manor subject to the removal of the County
reverter clause, /or/ b. convey the land back to the County
whereas the county would add this parcel to the Manor's existing
lease with I.R. County, which covers the existing project.
The reverter clause was touched on at your May 17th. 1994
meeting and it was suggested I try to obtain the City's intent to
lease us the land before you release the reverter clause.
The City's indicated this evening was that b. above would be the
Preferred and easier process. (Add to our present 99 yr. lease.)
22
July 26, 1994
I am sure you will have contact with the City on this matter.
I request the item be placed on the July 26th. Commission
meeting for your further consideration.
Re tfully
l:�;�
nk L. Zor
FLZ/jod, President
--------------------
_ 18TH ST.
EDGEWOOD ADDITION
I I I
rg
OCK417 16 b" 14 13 12 I1 l0 8 7 6 5 4' 3 2
60' UNWVXKq_RICHT OF WAY
30' LEASED Tb Sr. PRANCIS YANOR--V774as to 13
—__ �--
, j 1»y til •'-�.'� g � ,
l V0 -1
AMBULANCE
SQUAD
1 LA1� _��__�_�� I
�dt.,9 S��lOX --- L, '
,A � , rM
F1
--- T' ; I
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• U--
2.
IN , V .00 I I
I ST. FRANCIS MANOR
FEE
I 1 VERO BEACH
a RECREATION I �I
1 i I DEPARTMENT
.I
SUNSHINE I
CENTER
NEW CITY SURVEY WITH �----�-`--
o �
-- SHADED NORTHERN MOST ` `--- �-hl
PORTION WOULD BE VERY I i
ACCEPTABLE TO MANOR. Y _--_ -_'
------- I ' I
.I
ie INITIAL REQUEST
REFLECTED ALL THE
ILam'20.31
J� r
a
".FRANCIS MANOR
r I
.I
SUNSHINE I
CENTER
NEW CITY SURVEY WITH �----�-`--
o �
-- SHADED NORTHERN MOST ` `--- �-hl
PORTION WOULD BE VERY I i
ACCEPTABLE TO MANOR. Y _--_ -_'
------- I ' I
.I
ie INITIAL REQUEST
REFLECTED ALL THE
[LINED/SHADED AREA
J� r
�
r I
,
YER
I
CF.
;I
REC
I: '
DEP
► J
! I
-------------�-�V r�
16TH ST.
JEPARTYENT 0r ENaIxaERING ST. FRANCIS MANOR
AND R/1roS ROPOSED LAND ACQUISTION -
SNCINESRINCaLlc DIVR8ISION P ».,
23 0
July 26, 1994
rox u2 tPANG4 034
Administrator Chandler reported that the County has no need
for the property and the City Council of Vero Beach considered all'
the factors in terms of potential and future recreation purposes.
The official action taken by the City Council was that if the Board
were amenable, the property would be returned to the County and we
would amend the lease to include that parcel. He further explained
that the Council included a stipulation in their motion that there
be security fencing provided around the lake.
Commissioner Bird asked about the access between the present
and future buildings.
Mr. Zorc responded that there is a dry swale area between the
two parcels, and access between buildings would be addressed in the
site plan and when the project is reviewed by the Planning & Zoning
Commission.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Adams, to accept the conveyance of the
subject parcel from the City of Vero Beach and to
amend the 99 -year lease to St. Francis Manor
Apartments to include the parcel shown in the above
diagram.
Commissioner Bird led discussion regarding a reverter clause,
whereby the parcel would revert to the County in the event it is
not used by St. Francis Manor for additional apartments. Mr. Zorc
stated that a 5 -year reverter clause was acceptable.
COMMISSIONER MACHT AMENDED THE MOTION to include a
reverter clause.
Commissioner Adams asked for clarification regarding the
reverter clause.
Commissioner Bird clarified that if the parcel were not used
to construct additional buildings for assisted living facilities
within five years, the property would revert to the County.
Mr. Zorc confirmed that the five-year time span would be
satisfactory and would apply to the 79 years remaining on the
lease.
Chairman Tippin directed staff to prepare an amendment to the
lease and present it to the Board for approval.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
THIRD AMENDMENT AND MODIFICATION TO 99 -YEAR LEASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
24
July 26, 1994
PUBLIC HEARING - ORDINANCE AMENDING THE ZONING
ORDINANCE AND ACCOMPANYING ZONING MAP FROM A-1 TO
RS -3 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF 41H STREET BETWEEN 43RD AVENUE AND 58TH AVENUE
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach. Indian River County, Florida
COUNTY OF INDIAN AIVER: 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
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 mall 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
advertiser,qen6.tgi,publication in the said newspaper.
C
XQ 14
My com+n.
• June 29, 199,_
UA % A' cC3Ua'i�2e_
•p
"a_QF FI U�_.•••
medsiday of ��Q A.D. t9
BABA df9PRAGUF. NOTARY PUBLIC, (B
Florida, My COmm4san F XP. June 29. 1987
Notary:BARBARA C SPFtA(
Manager)
W
Q
4th ST
�
ul
A-1� MRS
-3
N
Subject
Property
1 stAST
SW
NOTICE - PUBLIC HEARING
Notice of hearing to consider the adoption of a
county ordinance rezoning land from: A-1, Agrfcul-
tural District (up to 1 unit/5 acres) to RS -3, male
Family Residential District (up to 3 units/acre). The
subject property is presently owned by Reimer As-
sociates, Inc. The subject property Is located on the
south side of 4th Street, between 43rd Avenue and
'`58th Avenue, and contains approximately 38 acres.
The subject property ries in the Southwest 1/4 sec-
tion of Section 16, township 33S, Range 39E, lying
and being in Indian River County, Florida.
A public hearing at which parties in Interest and
citizens shall have an opportunity to be heard, will
be held by the Board of County Commissioners of
Indian River County, Florida, in the County Commis-
sion Chambers of the County Administration Build-
ing, located at 1840 25th Street, Vero Beach, Flor-
Ida on Tuesday, July 26,1994, at 9:05 a.m.
The Board of County Commissioners may adopt
another zoning _ district, other than the district re-
quested, provided it Is within the same general use
ca
w:ny'o who may wish to appeal any decision
which may be made at this meeting wM meed to en-
sure that a verbatim record of the proceedings is
made, which includes testimony and evidence upon
which the appeal is based.
Anyone who needs a special accommodation for
this meeting must contact the county's Americans
with Disabilities Act (ADA) Coordinator at 567-8000
extension 223 at least 48 hours in advance of
meeting.
Indian River County
Board of County Commissioners
By: s -John W. tippet, Chairman
July 6,1994 1112410
Community Development Director Bob Keating commented from the
following:
25
July 26, 1994
bio c . 92 00..
'8�ODX 9,112 IPAG10'
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
Robert M. Keati g, P
THRU: Sasan Rohani, AICP
Chief, Long -Range Planning
FROM: John Wachtel 0
Senior Planner, Long -Range Planning
DATE: July 15, 1994
RE: Ralmar Associates, Inc., Request to Rezone Approximately
38 acres from A-l.to RS -3 (RZON 94-02-0141)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 38 acres located on the
south side of 4th Street, approximately one quarter of a mile east
of 58th Avenue. The request involves rezoning the property, owned
by Ralmar Associates, Inc., from A-1, Agricultural District (up to
1 unit/5 acres) to RS -31 Single -Family Residential District (up to
3 units/acre). The applicant intends to develop the site as a
subdivision of single-family residences.
Under separate ownership is a fifty foot wide strip of A-1 zoned
land which is located between the subject property's eastern border
and the current RS -3/A-1 zoning district boundary. The owners of
this fifty foot wide strip have been contacted several times by the
applicant who has attempted to persuade them to join in the subject
rezoning request. The owners of the fifty foot wide strip,
however, prefer that the land remain agriculturally zoned.
Therefore, granting this request, as submitted, would result in the
creation of a fifty foot wide strip of A-1 zoned land along the
subject property's entire eastern boundary. This strip would be
bordered on three sides by RS -3 zoned land.
On June 23, 1994, the Planning and Zoning Commission voted 5-0 to
recommend that the Board of County Commissioners approve this
request to rezone the subject property to RS -3.
Existing Land Use Pattern
The subject property, the fifty foot wide strip to the east, and
properties to the west and south are zoned A-1. Properties to the
north of the subject property and to the east of the fifty foot
wide strip are zoned RS -3.
Land uses in the area are largely agricultural. East of the
subject property, the fifty foot wide strip consists of two rows of
26
July 26, 1994
citrus trees.
residences, one
Citrus groves,
subject property
Adjacent to that land are two single-family
on two and a half acres, and one on five acres.
in various stages of productivity, border the
on all other sides.
Future Land Use Pattern
The subject property and all surrounding properties are designated
L-1, Low -Density Residential -1, on the county future land use map.
The L-1 designation permits residential uses with densities up to
three units/acre.
Environment
The subject property is currently a citrus grove. Environmental
planning staff review of the site indicates that the southeast
corner of the site may be in transition to a native upland plant
community. Additionally, there may be jurisdictional wetlands on
site. The subject property is within an "AE" 100 year floodplain,
with a minimum base flood elevation requirement of 22 feet NGVD.
Utilities and Services
The site is within the Urban Service Area of the county. Water
lines extend to within approximately one quarter of a mile of the
site from the South County Water Plant. At the present time,
wastewater lines do not extend to the site.
Transportation System
The property abuts 4th Street which is classified as an urban minor
arterial road on the future roadway thoroughfare plan map.
Currently a two-lane paved road with approximately 30 feet of
public road right-of-way, this segment of 4th Street'is programmed
for expansion to 80 feet of public road right-of-way by 2010.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency with the comprehensive plan; and
• potential impact on environmental quality.
Concurrency of Public Facilities
This site is located within the county Urban Service Area, an area
deemed suited for urban scale development. The Comprehensive Plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future Land Use
Policy 3.1). 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.
._Policy 3.2 of the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
27
July 26, 1994
BOOK 9 F"G1 Oo3 d
BOOK � FAGJ TJS
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district.
As discussed in the description and conditions section, the
applicant unsuccessfully attempted to convince the owners of the
fifty foot wide strip to the east to include that property in this
request. Because of uncertainty regarding the inclusion of that
Property, staff conducted the concurrency analysis as if the fifty
foot wide strip were part of the subject property. Therefore, the
impacts of the requested zoning district are actually somewhat
overstated in this concurrency analysis.
The site information used for the concurrency analysis is as
follows:
1. Size of Area to be Rezoned: ±40 acres
2. Existing Zoning Classification:
3. Proposed Zoning Classification:
4. Most Intense Use of Subject
Property under Existing
Zoning Classification:
5. Most Intense Use of Subject
Property under Proposed
Zoning Classification:
- Transportation
A-1, Agricultural
District (up to 1 unit/5
acres)
RS -3, Single -Family
Residential District (up
to 3 units/acre)
8 units
120 units
A review of the traffic impacts that would result from the
development of the property indicates that the existing level of
service "D" or better on 4th Street would not be lowered. The site
information used for determining traffic is as follows:
Existing Zoning District
1. Use Identified in 5th Edition ITE Manual:
Single -Family Residential
2. For Single -Family Units, in ITE Manual:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
C. Inbound (P.M. Peak Hour): 65%
i. Westbound (P.M. Peak Hour): 75%
ii. Eastbound (P.M. Peak Hour): 25%
d. Outbound (P.M. Peak Hour): 35%
i. Westbound (P.M. Peak Hour): 25%
ii. Eastbound (P.M. Peak Hour): 75%
3. P.M. Peak Direction of 4th Street, from 43rd Avenue to 58th
Avenue: Westbound
28
July 26, 1994
4. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage X Inbound -Westbound Percentage
(8 X 1.01 X .65 X .75 = 4)
5. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(8 X 9.55 = 76)
Proposed Zoning District
1. Use Identified in 5th Edition ITE Manual:
Single -Family Residential
2. For Single -Family Units, in ITE Manual:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
c. Inbound (P.M. Peak Hour): 65%
i. Westbound (P.M. Peak Hour): 75%
ii. Eastbound (P.M. Peak Hour): 25%
d. Outbound (P.M. Peak Hour): 35%
i. Westbound (P.M. Peak Hour): 25%
ii. Eastbound (P.M. Peak Hour): 75%
3. P.M. Peak Direction of 4th Street, from 43rd Avenue to 58th
Avenue: Westbound
4. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage X Inbound -Westbound Percentage
(120 X 1.01 X .65 X .75 = 59)
(trip distribution based on a Modified Gravity Model)
5. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(120 X 9.55 = 1146)
6. Traffic Capacity on this segment of 4th Street, at a Level of
Service "D": 630 peak hour/peak season/peak direction trips
7. Existing Traffic volume on this segment of 4th Street: 97 peak
hour/peak season/peak direction trips
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the existing zoning
district is 76. This was determined by multiplying the 8 units
(most intense use) by ITE's single-family residential factor of
9.55 Average Daily Trip Ends/unit. -
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the proposed zoning
district is 1,146. This was determined by multiplying the 120
units (most intense use), by ITE's single-family residential factor
of 9.55 Average Daily Trip Ends/unit.
Since the county's transportation level of service is based on peak
hour/peak season/peak direction characteristics, the transportation
concurrency analysis addresses project traffic occurring in the
peak hour and affecting the peak direction of impacted roadways.
According to ITE, the proposed use generates more volume in the
._p.m. peak hour than in the a.m. peak hour. Therefore, the p.m.
peak hour was used in the transportation concurrency analysis. The
peak direction- during the p.m.- peak hour on 4th Street is
westbound.
29
July 26, 1994
BOOK 92 _ FAA039.
.
BOCK 92 PACJ 040
Given those conditions, the number of peak hour/peak season/peak
direction trips that would be generated by the most intense use of
the subject property under the existing zoning district was
calculated to be 4. This was determined by multiplying the total
number of units allowed under the existing zoning district (8) by
ITE's factor of 1.01 p.m. peak hour trips/unit, to determine the
total number of trips generated. Of these trips, 65% (5) will be
inbound and 35% (3) will be outbound. Of the inbound trips, 75% or
4 will be westbound.
To determine -the number of peak hour/.peak season/peak direction
trips that would be generated by the most intense use of the
subject property under the requested zoning district, the total
number of units allowed under the proposed district (120) was
multiplied by ITE's factor of 1.01 p.m. peak hour trips/unit to
determine the total number of trips generated (121). Of these
trips, 65% (79) will be inbound and 35% (42) will be outbound. Of
the inbound trips, 75% or 59 will be westbound. Therefore, the
most intense use of the subject property under the proposed zoning
district would generate 55 (59 - 4 = 55) more peak hour/peak
season/peak direction trips than the 4 that would be generated by
the most intense use of the subject property under the existing
zoning district.
Using a modified gravity model and a hand assignment, the peak
hour/peak season/peak direction trips generated by the proposed use
were then assigned to impacted roads on the network. Impacted
roads are defined in section 910.09(4)(b)3 of the county's LDRs as
roadway segments which receive five percent (5%) or more of the
project traffic or fifty (50) or more of the project trips,
whichever is less.
Capacities for all roadway segments in Indian River County are
calculated and updated annually, utilizing the latest and best
available peak season traffic characteristics and applying Appendix
G methodology as set forth in the Florida Department of
Transportation Level of Service Manual. Available capacity is the
total capacity less existing and committed traffic volumes; this is
updated daily based upon vesting associated with project approvals.
The traffic capacity for the segment of 4th Street adjacent to this
site is 630 trips (peak hour/peak season/peak direction) at Level
of Service (LOS) "D", while the existing traffic volume on this
segment of 4th Street is 97 trips (peak hour/peak season/peak
direction). The additional 55 peak hour/peak season/peak direction
trips created by the most intense use of the subject property under
the proposed zoning district would increase the total peak
hour/peak season/peak direction trips for this segment of 4th
Street to approximately 152.
Based on the above analysis, staff determined that 4th Street and
all other impacted roads can accommodate the additional trips
without decreasing their existing levels of service.
The table below identifies each of the impacted roadway segments
associated with this proposed zoning classification. As indicated
in this table, there is sufficient capacity in all of the segments
to accommodate the projected traffic associated with the request.
30
July 26, 1994
a
TRAFFIC CONCURRENCY DETERMINATION
Impacted Road Segments
(peak hour/peak season/peak direction)
Segment
Roadway
Segment
Road
From
To
Capacity
LOS "D"
111ON
IR Blvd.
4th Street @ U.S. 1
12th Street
1,770
11108
IR Blvd.
4th Street @ U.S. 1
12th Street
1,770
1925E
S.R. 60
66th Avenue
58th Avenue
1,770
1925W
S.R. 60
66th Avenue
58th Avenue
1,770
1935E
S.R. 60
43rd Avenue
27th Avenue
2,650
1935W
S.R. 60
43rd Avenue
27th Avenue
2,650
2030E
16th Street
43rd Avenue
27th Avenue
690
203OW
16th Street
43rd Avenue
27th Avenue
690
2230E
12th Street
43rd Avenue
27th Avenue
690
2230W
12th Street
43rd Avenue
27th Avenue
690
2550E
Oslo Road
43rd Avenue
27th Avenue
690
255OW
Oslo Road
43rd Avenue
27th Avenue
690
291ON
43rd Avenue
Oslo Road
4th Street
690
2910S
43rd Avenue
Oslo Road
4th Street
690
2915N
43rd Avenue
4th Street
8th Street
630
29155
43rd Avenue
4th Street
8th Street
630
2920N
43rd Avenue
8th Street
12th Street
630
2920S
43rd Avenue
8th Street
12th Street
630
2925N
43rd Avenue
12th Street
16th Street
830
29255
43rd Avenue
12th Street
16th Street
830
2930N
43rd Avenue
16th Street
S.R. 60
830
29305
43rd Avenue
16th Street
S.R. 60
830
3005N
58th Avenue
Oslo Road
4th Street
630
3005S
58th Avenue
Oslo Road
4th Street
630
301ON
58th Avenue
4th Street
8th Street
630
3010S
58th Avenue
4th Street
8th Street
630
3015N
58th Avenue
8th Street
12th Street
630
30155
58th Avenue
8th Street
12th Street
630
302ON
58th Avenue
12th Street
16th Street
630
30205
58th Avenue
12th Street
16th Street
630
3025N
58th Avenue
16th Street
S.R. 60
830
30258
58th Avenue
16th Street
S.R. 60
830
303ON
58th Avenne
S.R. 60
41st Street
830
30305
58th Avenue
S.R. 60
41st Street
830
4840E
8th Street
43rd Avenue
27th Avenue
630
484OW
8th Street
43rd Avenue
27th Avenue
630
4930E
4th Street
58th Avenue
43rd Avenue
630
4930W
4th Street
58th Avenue
43rd Avenue
630
4940E
4th Street
43rd Avenue
27th Avenue
630
4940W
4th Street
43rd Avenue
27th Avenue
630
4950E
4th Street
27th Avenue
20th Avenue
630
495OW
4th Street
27th Avenue
20th Avenue
630
4960E
4th Street
20th Avenue
Old Dixie Hwy.
630
4960W
4th Street
20th Avenue
Old Dixie Hwy.
630
4970E
4th Street
old Dixie Hwy.
U.S. 1
630
4970W
4th Street
Old Dixie Hwy.
U.S. 1
630
Existing Demand Total Available Positive
Roadway Existing Vested Segment Segment Project Concurrency
Segment Volume Volume Demand Capacity Demand Determination
1110N
771
35
806
964
2 Y
11105
1252
35
1287
483
3 Y
1925E
821
304
1125
645
3 Y
1925W
971
294
1265
505
2 Y
1935E
473
367
840
1810
2 Y
1935W
610
362
972
1678
4 Y
2030E
484
84
568
122
3 Y
203OW
300
84
384
306
6 Y
2230E
217
35
252
438
3 Y
2230W
253
33
286
404
6 Y
2550E
383
42
425
265
3 Y
225OW
231
40
271
419
6 Y
291ON
138
75
213
477
18 Y
2910S
424
70
494
196.
10 Y
31 ®�x 92 Ff d Al
July 26, 1994
rJ
BOOK J2Fd 042
Roadway
Segment
Existing
Existing
Volume
Demand
Vested
volume
Total
segment
Demand
Available
Segment
Capacity
Project
Demand
Positive
Concurrency
Determination
2915N
319
23
342
288
19
Y
29155
399
23
422
208
33
Y
2920N
326
18
344
286
13
Y
29205
426
18
444
186
23
Y
2925N
667
23
690
140
9
Y
29255
505
23
528
302
16
Y
2930N
667
49
716
114
5
Y
29305
505
51
556
274
9
Y
3005N
191
13
204
426
5
Y
30055
138 _
13
151
479
3
Y
301ON
191
25
216
414
7
Y
30105
138
25
163
467
12
Y
3015N
191
33
224
466
6
Y
30155
138
33
171
459
10
Y
302ON
191
48
239
391
5
Y
30205
138
48
186
444
9
Y
3025N
423
221
644
186
4
Y
30255
416
221
637
193
7
Y
303ON
538
127
665
165
2
Y
30305
388
130
518
312
4
Y
4840E
167
49
216
424
5
Y
484OW
204
38
242
'388
8
Y
4930E
110
27
137
493
36
Y
4930W
97
27
124
506
64
Y
4940E
215
48
263
367
7
Y
4940W
173
44
217
413
12
Y
4950E
215
75
290
340
4
Y
495OW
173
75
248
382
7
Y
4960E
488
67
555
75
3
Y
4960W
377
64
441
189
6
Y
4970E
361
34
395
235
2
Y
4970W
583
35
618
12
4
Y
- Water
The subject property is serviced by the South County Water Plant.
With the most intense use allowed under the proposed rezoning, the
subject property will have a water consumption rate of 120
Equivalent Residential Units (ERU), or 30,000 gallons/day. This is
based upon a level of service standard of 250 gallons /ERU/day.
Since the South County Water Plant currently has a remaining
capacity of approximately 2,300,000 gallons/day, the plant can
accommodate the additional demand generated by the proposed zoning.
- Wastewater
The site is within the urban service area;. however, wastewater
lines do not extend to the site at this time. _ Prior to
consideration of this request by the Board of County Commissioners,
the applicant must enter into a developer's agreement with the
county which states that the developer agrees to connect to the
county wastewater system at the time of development.
When the subject property connects to county lines, it will be
serviced by the West County Wastewater Plant. Based upon the most
intense use allowed under the proposed zoning district, development
of the property will have a wastewater generation rate of
approximately 120 Equivalent Residential Units (ERU), or 30,000
gallons/day. This is based upon the level of service standard of
250 gallons/ERU/day. The West County Wastewater Plant currently
has a remaining capacity of more than 430,000 gallons/day and can
accommodate the additional wastewater generated by the proposed
rezoning.
kV
July 26, 1994
- Solid Waste
Solid waste service includes pick-up by private operators and
disposal at the county landfill. Solid waste generation by a 120
unit residential development on the subject site will be
approximately 192 Waste Generation Units (WGU) or 364 cubic yards
of solid waste/year. A WGU is a Waste Generation Unit measurement
equivalent to 1.896 cubic yards of waste/year.
According to the county's solid waste regulations, each residential
unit generates 1.6 WGUs. With the county's adopted level of
service standard of 2.37 cubic yards/person/year and the county's
average of 2 persons/unit, each WGU is equivalent to 0.8 people
(1.6/2 = 0.8) and 1.896 cubic yards of solid waste/year (0.8 X 2.37
= 1.896). To calculate the total cubic yards of solid waste for
the most intense use allowed on the subject property under the
proposed zoning district, staff utilized the following formula:
Total number of WGUs X 0.8 X 2.37 (192 X 0.8 X 2.37 = 364 cubic
yards/year).
A review of the solid waste capacity for the active segment of the
county landfill indicates the availability of more than 900,000
cubic yards. The active segment of the landfill has a 3 year
capacity, and the landfill has expansion capacity beyond 2010.
Based on staff analysis, it was determined that the county landfill
can accommodate the additional solid waste generated by the site
under the proposed zoning district.
- 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 must meet the discharge
requirements of the county Stormwater Management Ordinance. The
subject property is located within the M-1 Drainage Basin. Since
the site is located within the Indian River Farms Water Control
District (IRFWCD), development on the property will be prohibited
from discharging any runoff in excess of two inches in a twenty-
four hour period, which is the approved IRFWCD discharge rate.
In this case, the minimum floor elevation level of service standard
applies, since the property lies within a floodplain. Consistent
with Drainage Policy 1.2, "all new buildings shall have the lowest
habitable floor elevation no lower than the elevation of the 100 -
year flood elevation as shown on the Federal Emergency Management
Agency's Flood Insurance Rate Map, or as defined in a more detailed
study report." Since the subject property lies within Flood Zone
AE -22, which is a special flood hazard area located within the 100 -
year floodplain, any development on this property must have a
minimum finished floor elevation of no less than 22 feet above mean
sea level.
Besides the minimum elevation requirement, on-site retention and
discharge standards also apply to this request. With the most
intense use of this site, the maximum area of impervious surface
under the proposed zoning classification will be approximately
1,045,440 square feet, or 24 acres. The maximum runoff volume,
based on that amount of impervious surface and the 25 year/24 hour
design storm, and given the IRFWCD two inch discharge requirement,
_will be approximately 1,199,000 cubic feet. In order to maintain
the county's adopted level of service, the applicant will be
required to retain approximately 908,000 cubic feet of runoff on-
site. With the soil characteristics of the subject property, it is
33 BOOK"� ®6
July 26, 1994
_I
BOOK 92 md 044
estimated that the pre -development runoff rate is 143 cubic
feet/second.
Based upon staff's analysis, the drainage level of service
standards will be met by limiting off-site discharge to the
IRFWCD's maximum discharge rate of two inches in twenty-four hours,
requiring retention of the 908,000 cubic feet of runoff for the
most intense use of the property, and requiring that all finished
floor elevations exceed 22 feet above mean sea level.
As with all development, a more detailed review will be conducted
during the development approval process.
- Recreation -
A review of county recreation facilities and the projected demand
that would result from the most intense development that could
occur on the property under the proposed zoning classification
indicates that the adopted levels of service would be maintained.
The table below illustrates the additional park demand associated
with the proposed development of the property and the existing
surplus acreage by park type.
The concurrency requirements for potable water, drainage, roads,
solid waste, and parks have been met for the proposed rezoning.
With the execution of the referenced developer's agreement for
wastewater, the concurrency test will be satisfied for the subject
request.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezoning requests must also be consistent
with the overall designation of land uses as depicted on the Future
Land Use Map, which includes agricultural, residential,
recreational, conservation, and commercial and industrial land uses
and their densities. Commercial and industrial land uses are
located in nodes throughout the unincorporated areas of Indian
River County.
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development related decisions. While all comprehensive plan
policies are important, some have more applicability than others in
reviewing rezoning requests. Of particular applicability for this
request is Future Land Use Policy 1.11.
- Future Land Use Policy 1.11
Future Land Use Policy 1.11 states that the L-1, Low -Density
Residential -1, land use designation is intended for residential
uses with densities up to three units/acre. In addition, that
34
July 26, 1994
M M M
LOS
Project
(Acres per
Demand
Surplus
Park Type
1000 population)
Acres
Acreage
Urban District
5.0
1.38
195.246
Community (south)
1.25
0.35
10.048
Beach
1.5
0.41
68.974
River
1.5
0.41
29.970
The concurrency requirements for potable water, drainage, roads,
solid waste, and parks have been met for the proposed rezoning.
With the execution of the referenced developer's agreement for
wastewater, the concurrency test will be satisfied for the subject
request.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezoning requests must also be consistent
with the overall designation of land uses as depicted on the Future
Land Use Map, which includes agricultural, residential,
recreational, conservation, and commercial and industrial land uses
and their densities. Commercial and industrial land uses are
located in nodes throughout the unincorporated areas of Indian
River County.
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development related decisions. While all comprehensive plan
policies are important, some have more applicability than others in
reviewing rezoning requests. Of particular applicability for this
request is Future Land Use Policy 1.11.
- Future Land Use Policy 1.11
Future Land Use Policy 1.11 states that the L-1, Low -Density
Residential -1, land use designation is intended for residential
uses with densities up to three units/acre. In addition, that
34
July 26, 1994
M M M
policy states that these residential uses must be located within an
existing or future urban service area.
Since the subject property is located within an area designated as
L-1 on the county's future land use plan map and is located within
the county's urban service area, and the proposed zoning district
would permit residential uses no denser than three units/acre, the
proposed request is consistent with Policy 1.11.
While policy 1.11 is particularly applicable to this request, other
comprehensive plan policies also have relevance. For that reason,
staff evaluated -the subject request for consistency with all plan
policies. Based upon• that analysis, staff determined that the
request is consistent with the comprehensive plan.
Compatibility with the Surrounding Area
Staff's position is that granting the request to rezone the subject
property to RS -3 will result in development which will be
compatible with surrounding areas. Since land to the north and
east (with the exception of the previously referenced fifty foot
wide strip) is currently zoned RS -3, the request is for an
expansion of the existing zoning pattern.
Based on population projections and current development patterns,
residential development in this area of the county is expected to
increase, and eventually become the dominant land use. This
development pattern would be consistent with the comprehensive plan
since the area is located within the Urban Service Area and is
designated for residential development with densities of up to
three units/acre.
Any potential incompatibilities associated with residential
development on the subject property would be with' the adjacent
agricultural areas. These incompatibilities, however, will be
somewhat mitigated since the site is large enough to buffer itself
from adjacent agricultural uses as required in Future Land Use
Element Policy 6.3 of the comprehensive plan and section
911.O4(3)(c)5b of the County LDRs. For these reasons, staff feels
that the requested RS -3 zoning would be compatible with the
surrounding area.
Potential Impact on Environmental Quality
Environmental impacts of residential development on the subject
property would be essentially the same under either the existing or
the proposed zoning district. In fact, changing the zoning of the
subject property from A-1 to RS -3 may enhance environmental quality
by encouraging residential development of the site which is
currently a grove.
The environmental quality of the site may be enhanced by
residential development, because site development would result in
construction of a stormwater management system, and protection of
jurisdictional wetlands which may be on site. Due to the county's
stormwater retention requirements for residential development,
residential development on the subject property would reduce the
amount of stormwater runoff from the site. The requirements for
residential development contrast with the present agricultural
design that allows runoff to occur without any stormwater
retention.
Prior to residential development of the site, the applicant would
be required to complete an environmental survey to determine the
extent of any jurisdictional wetlands and. native upland plant
35 � p�,� �'
800 9 1pm'l045
July 26, 1994
BOOK 92 PAL1046
communities on site. That survey would have to be approved by the
county's environmental planning staff.
Any jurisdictional wetlands determined to be located on the parcel
are protected by federal, state, and county regulations. The
county's 10/15% set aside requirement would apply to any native
upland plant communities on site. For these reasons, no
significant adverse environmental impacts associated with this
request are anticipated.
Conclusion
The requested zoning -is compatible with the surrounding area,
consistent with the comprehensive plan, meets all concurrency
criteria, and will have no negative impacts on environmental
quality. The subject property is located in an area deemed suited
for low density residential uses and meets all applicable rezoning
criteria. The presence of the fifty foot wide A-1 zoned strip will
make zoning administration more difficult, but is not sufficient
justification to deny the request. For these reasons, staff
supports the request.
Recommendation
Based on the analysis, staff recommends that the Board of County
Commissioners approve this request to rezone the subject property
from A-1 to RS -3.
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 Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 94-22, amending the Zoning Ordinance and
the accompanying Zoning Map from A-1 to RS -3, for
the property generally located on the south side of
4th Street between 43rd Avenue and 58th Avenue.
36
July 26, 1994
ORDINANCE NO. 94-22
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO
RS -3, FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
4TH STREET BETWEEN 43RD AVENUE AND 58TH AVENUE, AND DESCRIBED
HEREIN, AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS,_ the Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning is in conformance with the 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:
Tract 11, Section 16, Township 33 South, Range 39 East, Indian
River Farms Company, Plat Book 2, page 25, Public Records of
St. Lucie County, Florida; said land now lying and being in
Indian River County, Florida. Less the East 50 feet thereof
and Less right-of-way of 4th Street and Less right-of-way of
Indian River Farms Drainage District.
Be changed from A-1 to RS -3.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
37 tm 92 P41,404, 7
July 26, 1994
ORDINANCE NO. 94- 22
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 26th day of July, 1994.
This ordinance was advertised in the Vero Beach Press -Journal
on the 6th day of July, 1994 for a public hearing to be held on the
26th day of July, 1994 at which time it was moved for adoption by
Commissioner Adams , seconded by Commissioner Eggert
, and adopted by the following vote:
Chairman John W. Tippin Ave
Vice -Chairman Kenneth R. Macht Ave
Commissioner Fran B. Adams Arte
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
-'John W. n, Chairman
1:? vl:Q�
ATTEST BY:
J ff ey Barton k
Acknowledgement by the Department of State of the State of Florida
this 1st day of August , 1994.
Effective Date: Acknowledgement from the Department of State
received on this 3rd day of August , 1994, at 10:00
A.M./Rx%x and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
6 `�`"__'
W&1,�iam G. Collins II, Deputy County Attorney
O'be j;: C M. Keatin ,
Community Developa
u\v\j\ralmar.ord
July 26, 1994
irector
38
Lena!
edge:
Capt. ' .r.i
Xw
PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 201 COUNTY
WATER AND SEWER SERVICES OF THE INDIAN RIVER COUNTY
CODE TO PROVIDE PRETREATMENT REGULATIONS
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
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
7
in the matter of
I n the Court, was pub-
lished in said newspaper in the issues of
611,
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
advertfsemegt for publication in the said newspaper.
Al i v 5woli�h 10,17qsll�tbribed befo me pis ,�_c iday of A.D. 19
F.•ivt.ninni.F.xphes , B ess Manager)
J{nr! i:Q 1997 BARBAR C SPRAGt)r. NOTARY PUBLIf:�
I!."). CC9U 1997 State of Florida, My Cornmaslon t xp. June 29. 1987
• i
r.•�
Shined:„',, Notary: BARBARA C SPNAGI IF
NOTICE
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,
.July 26, 1994, to discuss the following proposed or-
dinances entitled:
AN ORDINANCE OF INDIAN RIVER COUN-
TY, FLORIDA, AMENDING CHAPTER 201
COUNTY WATER AND SEWER SER-
VICES OF THE INDIAN RIVER COUNTY
CODE TO PROVIDE PRETREATMENT
REGULATIONS.
Anyone who may wish to appeal any decision which
may be made at the Public Hearing on July 26, ,
1994, will need to ensure. -that a verbatim record of
the proceedings is made, which includes testimony
and evidence upon which the appeal is based.
July 2,1994 1112123
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated July 20, 1994:
39
July 26, 1994
wK P91049
50,
WOK Po
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorneo?D
DATE: July 20, 1994
RE: PUBLIC HEARING - July 28, 1994
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 201 COUNTY
WATER AND SEWER SERVICES OF THE INDIAN
RIVER COUNTY CODE TO PROVIDE
PRETREATMENT REGULATIONS.
This item came before the Board on June 28, 1994 and was approved for
public hearing. The attached ordinance amends Chapter 201 of the
Indian River County Code as described above.
REQUEST: Staff recommends approval of the attached proposed
ordinance.
Utility Services Director Terry Pinto explained that the
proposed ordinance sets forth uniform requirements for the direct
or indirect discharge into county wastewater facilities. It also
brings us into compliance with federal and state regulations
regarding industrial users. It is important that no pollutants are
discharged into our treatment plants because we reuse all of. our
effluent and we intend to compost our sludge. Some industrial
users - for instance, a plating company - may discharge copper or
some foreign metals, and our treatment plants are not designed to
handle that. Therefore, it would require that the industrial user
pretreat the discharge to meet the standards of domestic waste
before coming into our facilities.
Commissioner Macht led discussion regarding the procedure to
be followed and the expense to industrial users of our wastewater
treatment plant who wish to move into our commercial/ industrial
nodes to comply with this ordinance.
Director Pinto explained that an industrial user of our
wastewater treatment plant must certify that they will not
discharge any chemicals, and that their discharge is considered the
same as domestic waste. If their discharge includes chemicals,
they must provide the means to treat that unacceptable discharge
before it enters our system. There is an initial application fee
of $150 and an annual monitoring fee, which depends on the type of
facility.
40
July 26, 1994
A
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 Bird, the Board unanimously adopted
Ordinance 94-231 amending Chapter 201 County Water
and Sewer Services of the Indian River County Code
to provide pretreatment regulations.
ORDINANCE 94- 2.3.
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 201 COUNTY
WATER AND SEWER SERVICES OF THE INDIAN
RIVER COUNTY CODE TO PROVIDE
PRETREATMENT REGULATIONS.
WHEREAS, it is necessary for public health, safety and welfare to
set forth uniform requirements for direct and indirect discharges of
pollutants from industrial users into the wastewater collection and
treatment system of Indian River County; and
WHEREAS, these regulations enable the County to comply with
applicable State and Federal laws including the Clean Water Act (33 USC
1251, et. seq.) and the General Pretreatment Regulation (40 CFR Part
403),
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. CONSEQUENTIAL AMENDMENT.
Section 201.08 is amended by the addition of a new subparagraph
"N" to read as follows:
N. Pretreatment Fees.
1) Industrial users who are required to obtain an industrial discharge
permit pursuant to Part III of this chapter shall pay an initial
application fee of $150.00 and an annual fee of $100.00.
2) Industrial users who are required to submit monitoring reports
pursuant to Part III of this chapter shall be assessed a late fee of
$50.00 for each incidence of failure to submit a monitoring report within
60 days of the designated monitoring date
41
July 26, 1994
SECTION 2. PRETREATMENT REGULATIONS.
Attachment "A" sets forth pretreatment regulations which are
hereby adopted and which will not be codified at this time.
SECTION 3. CODE AMENDMENT.
A new Part III to Chapter 201 is added to read as follows:
Part III Pretreatment Regulations.
Pretreatment regulations for industrial users have been adopted by
ordinance. These regulations have not been codified but are in full
force and effect as if they were included in this code. A copy of the
regulations may be obtained from the clerk to the board of county
commissioners or from the utility department of the county.
SECTION 4. SEVERABILITY.
If any section, or 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 5. EFFECTIVE DATE.
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 26 day of July , 1994.
This ordinance was advertised in the Vero Beach Press -Journal
on the 2 day of July 1994, for a public hearing to be held
on the 26 day of J u 1 y , 1994, at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner
Bird , and adopted by the following vote:
July 26, 1994
M
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Fran B. Adams Aye
42
M
M
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By
ohn W. Tip i Chairmah
Attest By
Acknowledgement by the Department
this 1 s t day of August , 1994.
of St to of the State of F o da,
Effective date: Acknowledgement from the Department of State received
on this 3rd day of August_, 1994, at 10:0(&.m/mow. and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
1141M Mw to A09rove"d Date
dmlrt
Legal
Budget
Dept
Rlsk Mgr.
PUBLIC HEARING - ORDINANCE ADDING A NEW SECTION
CONCERNING A WRECKER OPERATOR SYSTEM FOR REMOVAL
AND STORAGE OF WRECKED, DISABLED, PdROUNDED OR
ABANDONED VEHICLES IN INDIAN RIVER COUNTY
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
43
July 26, 1994
60% 92 PAJ 101531
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
e111 A
in the Court, was pub-
lished in said newspaper in the Issues of l
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 fora purpose of securing this
adyertl•I4r publication in the said newspaper. li
sworr�i tpWdu�lfg'ft;ed be re this gp day of A.13.19
fviy Comm. Expires BARBARA C. SPRAm)F. NOTARY PURI l , Jeiness Manager) '
JUllo 29, 1997 4/ Sigh of norida, My Cntnmrsc,un F xp. June 29. 1997
• No. CC3p9g72 commmson
N Op F1 �� srpned
an«n"`,,,•• Notary: BARBAMC SPRAGUE ---- �..
BOOK 92 FA40
NOMCE
The Board CorrnRissfoners of Indian
Rives Cody, Florida, hereby provides notice of a
Public Hearug scheduled for 9:05 a.m. an Tuesday,
JJ*26, 1994, to discuss the h>nowing proposed or-
enitfiet
AN ORDINANCE OF INDIAN RIVER 000N -
TY, FLORIDA, ADDING A NEW SECTION
CONCERNING A WRECKER OPERATOR
SYSTEM FOR REMOVAL AND STORAGE
OF WRECKED, DISABLED, IMPOUNDED
OR ABANDONED VEHICLES IN INDIAN
RIVER COUNTY.
Anyone who may wish to appeal any decision which
mabe made at 'the Public Hearing on July 26,
1994, wig need to eltsure that a verbatim record of
the proceedings is made, which includes testinmony
�
evidence upon which ft appeal is based.
1112119
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated July 20, 1994:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney -�
DATE: July 20, 1994
RE: PUBLIC HEARING - July 28, 1994
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ADDING A NEW SECTION
CONCERNING A WRECKER OPERATOR SYSTEM
FOR REMOVAL AND STORAGE OF WRECKED,
DISABLED, IA01OUNDED OR ABANDONED
VEHICLES IN INDIAN RIVER COUNTY.
This item came before the Board on June 28, 1994 and was approved for
public hearing. The attached ordinance adds a new section to the
Indian River County Code as described above.
REQUEST: Staff recommends approval of the attached proposed
ordinance.
44
July 26, 1994
Attorney O'Brien advised that this ordinance was requested by
Sheriff Wheeler.
Sheriff Gary Wheeler explained that the objective of the
ordinance is to provide a standard in the wrecker service industry
in Indian River County. It sets a limit on charges to consumers
and keeps the rates fair and competitive because law enforcement
uses a rotation list of wreckers. It also provides law enforcement
the opportunity to check into complaints. The Florida Highway
Patrol (FHP) has a state statute and Vero Beach Police Department
has an ordinance covering this subject. The rates will follow
those established by FHP and will be reviewed annually in October.
The maximum number of wrecker service providers will be set and
reviewed annually also. Currently we have a list of 18 wrecker
service providers and by attrition the number will decrease to 14.
The reason for limiting the number of wrecker service providers is
that their facility, trucks and equipment must be inspected
regularly, which takes law enforcement manpower hours. The rates
for wrecker service on the rotation list are higher because they
must drop whatever they are doing and respond. If an individual
calls a wrecker when there is no emergency, the response time may
be 15 minutes or several hours. However, an individual involved in
an accident and requiring a wrecker still has the choice of
following the rotation schedule or calling a wrecker service of his
or her choice.
Commissioner Adams led discussion regarding the necessity for
inspection of the equipment, and Sheriff Wheeler responded that the
facility, trucks and equipment must meet certain standards. The
FHP, the Vero Beach Police and the Sheriff's Department call the
wreckers on a rotation basis and must have the assurance that they
will have appropriate equipment.
Commissioner Macht preferred to allow economics and the market
set the limits.
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 Adams, the Board unanimously adopted
Ordinance 94-24, adding a new section concerning a
wrecker operator system for removal and storage of
wrecked, disabled, impounded or abandoned vehicles
in Indian River County.
45 �-
July 26, 1994
ORDINANCE 94- 24
BOOK
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ADDING A, NEW SECTION CONCERNING
A WRECKER OPERATOR SYSTEM FOR REMOVAL
AND STORAGE OF WRECKED, DISABLED,
IMPOUNDED OR ABANDONED VEHICLES IN INDIAN
RIVER COUNTY.
92 PALL 056
WHEREAS, Section 125.0103, F.S., authorizes the County to set
rates for the removal and storage of wrecked or disabled vehicles; and
and
WHEREAS, the County has heretofore not exercised this authority;
W-HEREAS, the Sheriff of Indian River County has requested the
Commission to establish a procedure to ensure the public of fair and
competitive rates for the removal of vehicles,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
A new Section 307.12 is added to the Indian River County Code to
read as follows:
Section 307.12. Selection of wrecker company for service
requested through the sheriff.
The sheriff may establish a wrecker operator rotation system for
the removal and storage of wrecked, disabled, impounded or
abandoned vehicles in Indian River County. Said system shall
have as a minimum the following:
a) In order to be included on the sheriff's office rotation list,
the wrecker operator shall submit to the rate schedule setting
forth the maximum fees and charges for services offered
under this section. The sheriff or his designee shall have
the authority to approve the maximum rates chargeable by the
operators and operators shall agree, in writing, to abide by
the terms and conditions contained within this section and the
fee schedule approved by the sheriff prior to being included
on the rotation list. The sheriff or his designee is hereby
authorized, to execute such agreements with the wrecker
operators, on behalf of Indian River County.
b) During the month of October each year, beginning in 1994
and thereafter, wrecker services may request the sheriff to
revise the fee schedule and may present information
substantiating a revised fee.
c) All current wrecker services will be grandfathered on the
rotation list and due to attrition the rotation list shall be
reduced and limited to 14 wrecker services thereafter.
d) All wrecker vehicles used in response to calls from the
rotation list shall be inspected yearly. Inspections by the
Florida Highway Patrol or Vero Beach Police Department shall
be accepted by the sheriff as fulfilling the inspection
requirement.
46
e) Citizen complaints shall be investigated by the sheriff and if
found to be valid may result in suspension or removal from
the rotation list by the sheriff.
f) The sheriff is authorized to adopt administrative procedures,
including application forms, necessary for the implementation
of the system.
SECTION 2. SEVERABILITY.
If any section, or 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 upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 26 day of J u 1 y , 1994.
This ordinance was advertised in the Vero Beach Press -Journal
on the
2
day
of
July
1994,
for
a public hearing
to be held
on the
26
day
of
J u 1 y
1994,
at
which time it was
moved for
adoption by Commissioner Eggert , seconded by Commissioner
Adams , and adopted by the following vote:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Fran B. Adams Aye
APPROVED AS TO FORM
AND L GAL UFFICIENCY
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
1
By -��--, /1 �
�hn W. Tippin airman !
B TERRENCE P. O'BRIEN
ASST. COUNTY ATTORNEY Attest By
Clerk J . K 9 RT iv
Acknowledgement by the Department of State of the State of Florida,
this 1st day of Au crust , 1994.
Effective date: Acknowledgement from the Department of State received
on this 3rd day of August , 1994, at 10:00 a.m/RxRix and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
47
BOOK
SOLID WASTE DISPOSAL DISTRICT
'92 PAGI8
At 9:40 a.m. the Chairman announced that the Board would
reconvene sitting as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 9:44 A. M.
WITH ALL MEMBERS PRESENT.
OVERALL ECONOMIC DEVELOPMENT PLAN (OEDP) ANNUAL
REPORT 1993-94
Community Development Director Bob Keating commented from the
following:
TO: James E. Chandler
County Administrator
DIV ION HEAD CONCURRENCE
Robert M. Keats , i�A
Community Developme �1Director
THRU: Sasan Rohani, AICP � 2'
Chief, Long -Range Planning
FROM: Jay R. Marlles, AICP
Economic Developmenta er
DATE: July 13, 1994
RE: OVERALL ECONOMIC DEVELOPMENT PLAN (OEDP) ANNUAL REPORT
1993-1994
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 26, 1994.
DESCRIPTION AND CONDITIONS
In June of 1985, the Indian River County Overall Economic
Development Plan (OEDP) was originally adopted by the Board of
County Commissioners. Subsequently, the Economic Development
Administration (EDA) designated Indian River County as a Title IV
Redevelopment Area.
To maintain its redevelopment area designation, Indian River County
has had to prepare an OEDP progress report and submit this report
to EDA on an annual basis. The county has done this each year
since the 1985 approval of its OEDP.
To meet the 1992 progress report requirement, the county opted to
readdress the entire OEDP instead of just submitting a progress
report. The county's decision to revise the OEDP was prompted by
the availability of more accurate data from the 1990 census, as
48
July 26, 1994
well as the perception that the county's economic development
strategies needed to be revised. The county's Economic Development
Council and the OEDP Committee reviewed and approved the revised
Overall Economic Development Plan on October 27, 1992. The Board
of County Commissioners then approved the OEDP at their meeting of
November 10, 1992, and a copy of the revised OEDP was forwarded to
the EDA.
Consistent with Economic Development Administration (EDA)
regulations, staff has prepared the 1993/1994 OEDP Annual Report.
This report covers the period from October 31, 1993 to June 30,
1994. This is essentially a status and evaluation report of the
OEDP. A copy is attached to this agenda item.
This Annual Report is required in order for Indian River County to
maintain its "redevelopment area" status and its eligibility to
apply for federal technical assistance and other funds.
The Annual OEDP Report includes the following items:
1. A review of the past year's accomplishments;
2. A report on any significant changes in the economy and
its development potentials; and
3. An update of the county's development policies and
courses of action planned for the coming two years,
including any projects that may require EDA financial
assistance.
The OEDP Annual Report was reviewed by the Economic Development
Council on June 28, 1994, and the council voted unanimously to
forward it to the Board of County Commissioners for their approval.
ALTERNATIVES & ANALYSIS
Upon approval of the OEDP, the most important task was
implementation of the OEDP policies and achievement of its
objectives. As part 'o '
f the progress report procedure approved by
the EDC on January 26, 1993, staff must maintain the OEDP
implementation matrix. For each policy of the plan, this matrix
identifies the type of action needed, responsibility, timeframe,
final product, and completion status. This matrix is updated
regularly.
The Community Development staff coordinates on a regular basis with
the Indian River County Council of 100 staff. As a result, county
staff has compiled information on council and county implementation
actions and has entered this information into the implementation
matrix. The attached matrix, which indicates progress in
implementing the OEDP policies, was a useful tool in preparing the
OEDP Annual Report.
Also, the OEDP Annual Report indicates all economic development
initiatives that the county has taken within the last year and the
status of these initiatives. As part of its long-range economic
development planning, the county has received an EDA grant to
update the county's Commercial/Industrial Data Source, prepare an
economic base study, and prepare an economic development strategy
plan for the county. The Economic Base Study -is currently
underway. The results of the economic base study will be utilized
to further refine the county's plans and policies in regard to
economic development.
49 EON 92 ����o�
July 26, 1994
BOOK 92 PAc1060
RECOMMENDATION
The EDC and the staff recommend that the Board of County
Commissioners approve the 1993/1994 Annual OEDP Report and direct
staff to forward the report to the Economic Development
Administration (EDA).
Commissioner Macht led discussion regarding the Implementation
Matrix which lists the policies and type of action. He noted that
Policy 1.3 and 2.1 both indicated Business Recruitment as the type
of action.
Director Keating explained that Policy 1.3 relates to
cooperating with the Chamber of Commerce and the Council of 100 by
providing staff support in their recruitment of businesses
considering relocation, and Policy 2.1 relates to efforts to
provide year-round employment opportunities and disseminating that
information to those agencies. Director Keating conceded that we
probably should have used words to indicate the difference but they
are two separate policies addressing two different issues.
Commissioner Macht led discussion regarding dissemination of
information regarding summer employment opportunities, and asked if
there is a report of the success of that program.
Director Keating responded that staff is working on that
report with the objective of identifying possible businesses and
industries whose seasons actually compliment those of the tourist
and agriculture industries. There are difficulties in actually
finding these right now, and a short report will be presented to
the Economic Development Council at one of the future meetings.
Commissioner Eggert added that the report will be completed by
the end of the year.
Commissioner Eggert and Director Keating further explained
that staff is doing a number of things: updating the commercial
industrial data source, preparing an economic base study for the
county, working on a revised, more in-depth economic development
strategy plan, and developing a fiscal impact model to predict the
benefits of bringing employment and industry into the county.
Director Keating reported that the high unemployment rate and
the cyclical employment rate are also addressed, as well as means
of retaining businesses while attracting new ones.
Commissioner Bird commended staff, Board members and all the
agencies who are cooperating in this project.
July 26, 1994
50
M
s � o
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously approved
the 1993/94 Annual Overall Economic Development Plan
Report and directed staff to forward the report to
the Economic Development Administration.
BOND COUNSEL SELECTION
The Board reviewed memo from OMB Director Joe Baird dated July
20, 1994:
TO: Members of the Board
of County Commissioners
DATE: July 20, 1994
SUBJECT: REQUEST FOR PROPOSALS FOR BOND COUNSEL
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
Indian River County Budget Office sent out Request for Proposals for Bond Counsel and
twelve (12) firms responded. A selection committee composed of Art Diamond - Financial
Advisor, Ed Fry - Finance Director, Bob Keating - Community Development Director,
Charles Vitunac - County Attorney and Joseph - Baird - OMB Director reviewed the
proposals from the firms and short listed four to do presentations to the committee. The
four firms were:
1. Rhoads & Simon
2. Squire, Sanders & Dempsey
3. Greenberg, Traurig, Hoffman, Lipof, , Rosen & Quentel
4. Bryant, Miller and Olive
On June 28, 1994 the firms made presentations to the committee (Charles Vitunac was
unable to attend and his designee was Will Collins.) Following the presentations the
committee rankings were as follows:
I. Bryant, Miller and Olive and
Squire, Sanders & Dempsey (tie)
2. Rhoads & Simon
3. Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel
Since the ranldngs resulted in two firms being tied for first place, staff is requesting
permission to further analyze the two firms and make a recommendation on the one firm
we feel would best fit the County's needs.
51 gooK 92 PAA061
July 26, 1994
8D DN
RECOMMENDATION
PA106
Authorize staff and the Financial Advisor to further analyze the two Bond Counsel firms
and make a recommendation on the one we feel would best' fit the County's needs.
Discussion ensued regarding the County's past experience with
bond counsel.
Attorney Vitunac and Director Baird commented that prior bond
counsel, Rhoads & Simon, performed very well in the County's
interests for ten years. The selection committee was formed after
the Board requested that staff send out request for proposals for
Bond Counsel.
The Board members agreed that the selection committee
performed their task properly.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously authorized
staff to further analyze the two bond counsel firms
and make a recommendation to the Board.
ROUND ISLAND PARK LANDSCAPING CHANGE ORDER NO. 1
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated July 11, 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director �j�
FROM: Terry B. Thompson, P.E�-
Capital Projects Manager
SUBJECT: Round Island Park Landscaping
Change Order No. 1
DATE: July 11, 1994 FILE: LAND-CO1.agn
DESCRIPTION AND CONDITIONS
The bid for landscaping at Round Island Park was awarded to
Natureland on June 14, 1994 in the amount of $15,037.78. Funding
for this project is from a 1993 Small Business Administration Tree
Planting Grant in the amount of -$21,450.
The Department of Agriculture has approved of the County planting
additional trees to take full advantage of the tree grant amount.
The Department of Agriculture is preparing an Amendment to the
grant increasing the number of trees from 96 to 172.
52
July 26, 1994
The attached Change Order No. 1 in the amount of $8,267.23,
increases Natureland's contract amount to $23,305.01. The tree
grant will fund $21,444 of the contract amount for the planting of
172 trees. The County is responsible for funding $1,861.01 for the
planting of saw palmettos and ground cover as part of the local
match. The remainder of the County's 50/50 local match has already
been expended on the installation of irrigation during Round Island
Park Phase I Improvements.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board approve Change Order No. 1 in the
amount of $8,267.23 for a new contract amount of $23,305.01.
Funding is from Account No. 001-2'10-572-066.51.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 to the contract with Natureland
in the amount of $8,267.23 for a new contract amount
of $23,305.01, as recommended by staff.
CHANGE ORDER NO. 1
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
STATE ROAD AIA WIDENING AND DRAINAGE UyWROVEMENTS
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated July 18, 1994:
TO: James E. Chandler,
-County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson.,P.E.��
Capital Projects Manager
SUBJECT:
SR A1A Widening
and Drainage
Improvements
DATE:
July 18, 1994
FILE:
SouthAlA.agn/tbt
DESCRIPTION AND CONDITIONS
Kimley-Horn Associates, Inc. is currently designing improvements on
SR AIA from 635' south of Windward Way to Mooringline Drive. The
County has requested a proposal from Kimley-Horn to three lane A1A
from a point approximately midway between Mooringline Drive and
Windward Way north to Harbor Drive.
The attached agreement with Kimley-Horn Associates, Inc. provides
for survey, design, permitting and preparation of construction
drawings for the proposed widening and drainage improvements at a
cost of $31,672.
53 �'®
Oil F�°�'�
July 26, 1994
Staff feels that Kimley-Horn Associates can best perform the
proposed work because the survey data and drawings they are
preparing for the other project overlaps with the limits of the
County's proposed project. Also, timing is critical because the
FDOT is scheduled to resurface A1A from Castaway Cove to St. Lucie
County in the fall.
Under normal procedures the project would be subject to CCNA
procedures; however, if the County is to take advantage of these
unforeseen combination of circumstances outlined above it must act
immediately. The staff, therefore, recommends that the Board
determine that an emergency exists as contemplated under Section
287.055(3)F.S.. Further it should be noted that Kimley-Horn has
been found, in the past., under CCNA procedures to be a qualified
professional firm.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Approve the attached Agreement between Kimley-Horn
Associates, Inc. and Indian River County in the amount of
$31,672.
Alternative No. 2
Issue a request for proposal and select a firm to perform
the services in accordance with CCNA. This alternative
will delay project implementation and will, in all likely
hood, result in a higher cost.
RECOMMENDATIONS AND FUNDING
It is recommended that Alternative No. 1 be accepted, whereby the
attached Agreement is approved. Funding is from Account 101-152-
541-067.37.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the agreement with Kimley-Horn Associates, Inc., in
the amount of $31,672, as set out in staffs
Alternative No. 1.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
EXTENSION OF 5TH STREET S.W. EAST OF 20TH AVENUE
The Board reviewed memo from Public Works Director Jim Davis
dated July 20, 1994:
54
July 26, 1994
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Extension of 5th Street SW East of 20th Avenue
REF. LETTER: Andrew J.
Tennis and
Davis dated
DATE: July 20, 1994
DESCRIPTION AND CONDITIONS
Mustapick, Timber Ridge
Fitness Ranch, to Jim
June 27, 1994
FILE: 5STSW.AON
Andy Mustapick, developer of Timber Ridge, owns land east of the
proposed South County Middle School north of the existing 30' wide
5th Street SW right-of-way. To access his land for development,
Mr. Mustapick requests that the County permit him to purchase 50'
of additional road right-of-way along 5th Street SW from Edmund
Ansin on the County's behalf. He would donate 30' of the 50'
additional right-of-way to the County to meet the County's local
road standard (60' wide right-of-way), and he requests that the
County reimburse him for the additional 20' of right-of-way to meet
the County Thoroughfare Plan's Secondary Collector Road right-of-
way width of 801. Once the right-of-way is acquired, Timber Ridge
will pave 5th Street SW to the project entrance and apply for
Traffic Impact Fee Credits as compensation for constructing the
road. The right-of-way cost is approximately. 0.4 acres
$20,000/acre = $8000. Road paving cost is approximately $45,000.
ALTERAINTIVES A.*JD ANALYSIS
The alternatives are as follows:
Alternative No. 1
Approve the request. Accept the additional 50' of right-
of-way from Timber Ridge and issue Traffic Impact Fee
credits for both the value of the 20' additional right-
of-way for collector road needs (approx. $8000) and the
cost for paving approximately 900' of 5th Street SW
(approximately $45,000). Compensation shall be by
Traffic Impact Fee credits.
Alternative No. 2
Secure right-of-way and pave the road by Special
Assessment Paving whereby the County. would purchase
additional right-of-way (50' x 900' = 1.03 acre) at a
cost of $20,661 and pave the road at a cost of $45,000.
Total project cost would be $65,661. Since 5th Street SW
is a collector road, the County Special Assessment Fund
would pay 50% of the cost or approximately $32,831 and
benefitted owners, particularly Mr. Ansin, Indian River
County, and Timber Ridge would be assessed the remaining
50%.
Alternative No. 3
Deny the Request.
55
July 26, 1994
Boos �0
OX
RECOMMENDATIONS AND FUNDING
2 axi OGG
Alternative No. 1 is recommended. Funding shall be from Traffic
Impact Fee Credits issued to Timber Ridge.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Alternative No. 1 as set out in staff's memorandum.
REQUEST FOR COUNTY ROAD GRADING - 26TH COURT S.W.
BETWEEN MTH STREET S.W. AND 14TH STREET S.W., AND 103RD
COURT BETWEEN 93RD STREET AND CR -512
The Board reviewed memo from Public Works Director Jim Davis
dated July 20, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for County Road Grading of Non -
maintained Road Right -of -Ways:
1) 26th Court SW between 13th Street SW and 14th
Street SW (Oslo Road)
2) 103rd Court between 93rd Street and CR512
REF. LETTER: 1) Jurgen Muller to James
Davis dated June 7, 1994
2) Dennis Freese to Jim
Davis dated June 30, 1994
DATE: July 20, 1994 FILE: 266103.A@I
DESCRIPTION AND CONDITIONS
Requests have been received for the County Public Works Department
to begin grading 26th Court SW between 13th Street SW and 14th
Street SW and 103rd Court between 93rd Street and CR512. Both
roads are located in County dedicated right-of-ways but have not
been historically graded.
ALTERNATIVES AND ANALYSIS
Staff has evaluated the requests under the evaluation criteria for
non -maintained roads. A score of 80 points was assigned to 26th
Court and 85 points assigned to 103rd Court. A minimum score of 75
points has been previously used for staff to recommend maintenance
grading.
RECOMMENDATIONS AND FUNDING
Since evaluation of both roads resulted in a score of greater than
75 points, staff recommends that they be added to the County road
grading routes.
56
July 26, 1994
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
roads listed in the memorandum to the County road
grading routes, as recommended by staff.
INDIAN RIVER COUNTY/VERO BEACH BREAKWATER
MONITORING CONTRACT
The Board reviewed memo from Coastal Engineer Don Donaldson
dated July 201 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public.Works Director
FROM: Don G. Donaldson, P.E., Coastal Engineer
SUBJECT: Indian River County/Vero Beach Breakwater
Monitoring Contract
DATE: July 20, 1994 FILE: BPXAX.AM
DESCRIPTION AND CONDITIONS
The County has negotiated a contract with
Engineers Coastal Engineering Research
development of a monitoring plan.
Administrative Code, a monitoring plan is
approval of an experimental project. The
Environmental Protection has reviewed and
work.
the U.S. Army Corps of
Center(CERC) for the
Pursuant to the Florida
required for the state
Florida Department of
approved the scope of
The CERC has developed many monitoring plans and performed many
coastal surveys. Their experience will enable them to design a
cost efficient plan that will meet state permit criteria. Also,
staff has instructed CERC that most of the data collected will be
performed by the county or county contracted consultants. -This
arrangement will minimize the expenditures to out of state experts.
ALTERNATIVES AND ANALYSIS
Alternative No. 1
Approve the attached Agreement between the US Army Corp.
of Engineers and Indian River County in the amount of
$23,000.
Alternative No. 2
Direct staff to find another third party that is
acceptable to the State of Florida and negotiate a
contract.
RECOMMENDATIONS AND FUNDING
It is recommended that Alternative No. 1 be accepted, whereby the
attached agreement is approved. Funding is from Tourist
Development Fund 119-145-572-033.13.
57 BOCK M'4067
July 26, 1994
j2 alrOB8
Discussion ensued regarding the costs involved.
Coastal Engineer Don Donaldson explained that the $23,000 is
for the U.S. Army Corps of Engineers Waterways Experiment Station
to design a monitoring plan. The actual monitoring will proceed in
two phases using local surveyors and data collectors.
Commissioner Macht noted that this monitoring is required by
the State, and he asked whether there will be any funds from the
State.
Administrator Chandler responded that we hope to get
reimbursement from the State and Federal governments for the second
and third phases.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the agreement with the Director of the U.S. Army
Engineer Waterways Experiment Station in the amount
of $23,000, as set out in staff's Alternative No. 1.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
RELEASE AND SUBSTITU'T'ION OF CONSERVATION EASEMENT -
LINDSEY LANES SUBDIVISION
The Board reviewed memo from Deputy County Attorney William G.
Collins II dated July 19, 1994:
TO: The Board of County Commissioners
FROM: �� William G. Collins II - Deputy County Attorney
DATE: July 19, 1994
SUBJECT: Release and Substitution of Conservation Easement - Lindsey
Lanes Subdivision
Lindsey Lanes Subdivision, Phase I was one of the first processed under the
land development regulations revised in September of 1990 to provide for
preservation of native upland habitat. The requirement was satisfied
through the provision of perimeter buffers at the rear and sides of many of
the lots within the subdivision.
The developer has discovered that the easements, as platted, at times
preclude the development of accessory uses such as swimming pools on
certain of the lots. The developer, Stolle Development Corporation, has
proposed a substitution of conservation easement from a particular lot (Lot
16, Block A), where the purchaser desires a pool, to a second lot (Lot 1,
Block B) which the developer has discovered is less desirable for
development due to its location at the project entrance.
58
July 26, 1994
Stolle Development Corporation is also proposing to place 32 acres of
property which they own south of 13th Street, S.W. and west of 27th
Avenue under a conservation easement. This 32 acres would serve as a land
bank should similar situations arise in the future with respect to platted lots
within Lindsey Lanes Subdivision.
The Environmental Planning Division has examined the proposed "land bank"
area and determined that it does consist of native upland vegetation which
would be suitable for conservation. The preservation of a larger intact
contiguous portion of native habitat furthers the purpose and intent of
Chapter 929, Upland Habitat Protection, by promoting the preservation of
sufficient upland ecological communities to maintain viable populations of all
native plant species.
RECOMMENDATION:
1. Authorize the Chairman to execute the Release and Substitution of
Conservation Easement from Lot 16, Block A to Lot 1, Block B of
Lindsey Lanes Subdivision, Phase I.
2. Approve the concept of creating a 31 -acre native upland "land bank" ,
to be utilized in future situations where circumstances within the
Lindsey Lanes Subdivision require the release of any further platted
conservation easements.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously authorized
the Chairman to execute the Release and Substitution
of Conservation Easement in Lindsey Lanes
Subdivision as set out in staff's memorandum.
RELEASE AND SUBSTITUTION OF CONSERVATION EASEMENT
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
RESOLUTION APPOINTING VALUE ADTUSTI MM BOARD (VABj
AMIDMBERS AND PROVIDING FOR PER DIEM COMPENSATION FOR
The Board reviewed memo from Deputy County Attorney William G.
Collins II dated July 19, 1994:
59
k1L�
BOQK fi� $
July 26, 1994
y i �
BOOT sIG crt C"„
TO: The Board of County Commissioners
FROM: Wtl William G. Collins II - Deputy County Attorney
DATE: July 19, 1994
SUBJECT: Resolution Appointing Value Adjustment Board Members and
Providing for Per Diem Compensation for Value Adjustment
Board Members
Pursuant to Chapter 194, Florida Statutes, the Board is advised to:
1. Appoint by Resolution three members of the Board to serve on the
Value Adjustment Board for 1994, with the two remaining members
designated as alternates.
2. Provide by resolution for per diem compensation to - the Value
Adjustment Board members. The amount of such compensation is
established by statute if both the County Commission and School Board
elect to allow such compensation. The School Board has made such an
election. Two-fifths of the expenses are borne by the School Board
and three-fifths by the County Commission. An appropriate resolution
is attached for your approval.
Discussion ensued regarding possible dates for the hearings,
and Attorney Collins explained that it was important to set the
date for the organizational meeting, during which the VAB members
could decide on dates for the hearings.
The organizational meeting was scheduled for Friday, August
12, 1994 at 9:00 a.m.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-95 appointing the 1994 Value
Adjustment Board members and providing for statutory
per diem compensation.
r -re
July 26, 1994
RESOLUTION NO. 94-9_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVF" COUNTY, FLORIDA,
APPOINTING THE 1994 VALUE :,T)JUSTMENT BOARD
MEMBERS, AND PROVIDING FOR STATUTORY PER DIEM
COMPENSATION.
WHEREAS, the Board of County Commissioners is required to
appoint three members to the Value Adjustment Board by Florida Statutes,
Section 194.015; and
WHEREAS, the School Board of Indian River County has appointed
Its membership- to the Board with allowance of per diem compensation for
such members in accordance with Florida Statutes, Section 194.015 (1993);
and
WHEREAS, the cited statute requires a specific election from both
the County. Commission and the School Board in order to allow such
compensatibn,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that:
1. The foregoing recitals are hereby ratified and acknowledged;
2. Commissioners Richard Bird , Fran Adams , and
John Tippin are appointed to the 1995 Value Adjustment Board with
Commissioners Carolyn Eggert and Kenneth Macht as alternates;
and
3. The above-named members of the 1994 Value Adjustment
Board, or their duly authorized replacement, may ' receive per diem
compensation. for services provided on the board as allowed by law for State
employees, pursuant to the above cited statute.
The foregoing resolution was offered by Commissioner
Macht who moved its adoption. The motion was seconded
by Commissioner F ag p r t and, upon being put to a vote, the vote
was as follows:
Chairman John W. Tippin Aye
•
Y
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Absent
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye.
The Chairman thereupon declared Resolution No. 94-3r)_ duly
passed and adopted this 26 day of July 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
0 n W. Tippin, C a cman_�
61 BOOK 10j
July 26, 1994
BGGK � X92 t f 07
AD HOC MANATEE AND BOATING SAFETY COIVIlM=E
The Board reviewed memo from Executive Aide to the Board Alice
White dated July 20, 1994:
TO: BOARD OF COUNTY CONNMSSIONERS
FROM: Alice E. White, Executive Aide
DATE: July 20, 1994
SUBJECT: AD HOC MANATEE AND BOATING SAFETY CONMZTTEE
While updating our committee lists, it was discovered that the Ad
Hoc Manatee and Boating Safety Committee is still listed as an
open committee, although it hasn't met in years.
Recently all matters dealing with manatees, boat speed and
erosion of the banks of the lagoon have been referred to the
Marine Advisory Narrows Watershed Action Committee (NANWAC.)
Many of the people who served on the Ad Hoc Manatee and Boating
Safety Committee are also serving on the MANWAC.
Is it necessary to retain the Ad Hoc Manatee and Boating Safety
Committee, or can it be dissolved?
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously dissolved
the Ad Hoc Manatee and Boating Safety Committee.
REOUEST FROM CITY OF VERO BEACH FOR FUNDS TO MAINTAIN
CENTER FOR THE ARTS
The Board reviewed letter from City of Vero Beach City Manager
T. R. Nason dated July 19, 1994:
62
July 26, 1994
mr. John Tippen, Chairman
Board of County Commissioners
Indian River County
1840 - 25th Street
Vero Beach, FL 32960-3394
Dear Mr. Tippen:
City of Vero Beach
1053 - 201h P1-4CIY - P.O. BOX 1.389
4TRO BF.; 9C Y, FLORII b4 32961-1389
Telephone.• (407) 5675151 Fax• (407) 778:3856
July 19, 1994
During the recent budget workshops, the City Council decided to add a man to the Parks
Department to ensure the maintenance of the Riverside Theater, the Children's Theater,
and the Center for -the Arts. The total cost of this maintenance includes:
1. Basic landscape maintenance
2. Fertilizers three times a year
3. Mowing and trimming
4. Payment for the reuse water irrigation
The total charge for this entire project is $31,050. It is the Council's opinion, and I agree,
that the Center for the Arts and the two theaters indeed provide opportunities to both
County residents as well as those who live in the incorporated areas. Consequently, we
are respectfully requesting you consider funding $15,000 of the total maintenance budget
associated with these facilities.
Many countywide documents such as those that come from the Chamber of Commerce
and other sources for industry reflect the fact that we do have this cultural area, and it
is at a scale that is normally associated with a city and county of much larger population.
I recognize you have just about completed your preliminary budget; however, I would
appreciate your consideration in participating in the funding for these cultural activities
for all residents of Indian River County. _
_ _ Very truly yours,
Your kind attention to this matter is appreciated. G,�,
T. R. Nason
City Manager/Utilities Director
Commissioner Adams suggested placing this request on the list
of budget items to be considered.
Administrator Chandler advised that we do not have any funds
provided in the budget for this request, and if we were to consider
this $15,000, we would need a source of funding for it.
Commissioner Bird felt our response should be that we must
decline the invitation to participate due to budgetary constraints
this year.
Commissioner Macht agreed with the City's position that the
County has a responsibility for this project and that it should be
funded through the Tourist Tax money.
Discussion ensued, and it was the consensus of the Board that
the County's budget cannot fund this expense and we should put it
on the list for next year.
63 ` �"
BOOK 1
July 26, 1994
Boot 0,2 eAJ074
APPOINTMENT OF STEVE PATE TO THE PLANNING & ZONING
CONIlVIISSION
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously appointed
Steve Pate to the Planning & Zoning Commission from
District 4.
COURTHOUSE ADVISORY COMIVIITTEE RECOMMENDATION FOR
OPENING DATE
The Board reviewed memo from Commissioner Macht:
ADDITION TO THE AGENDA.
UNDER KEN MACHT'S MATTERS
On July 21, 1994 the Courthouse Advisory Committee passed a
motion to request that the opening date for new courthouse be
moved to Monday, November 28, 1994.
The old courthouse will shut down from Monday November 21
through Wednesday November 23 for the move (November 24 and 25
are holidays for Thanksgiving). The committee felt this would
give everyone enough leeway to ensure that the courthouse is
complete.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the opening date of November 28, 1994 for the new
courthouse, as recommended by the Courthouse
Advisory Committee.
UNSIGNED LETTER REGARDING COST OF LIVING ADJUSTMENT
Commissioner Adams wished to discuss a letter which had been
given to her by a Deputy Sheriff. The letter contained comments
regarding the salaries of County employees and discussed the
Board's intentions regarding raises for employees. Commissioner
Adams stressed that the letter contained inaccuracies and was
July 26, 1994
64
� J
distributed to deputies and she wished the inaccuracies to be
corrected. She emphasized that the Board directed staff to attempt
to include a COLA raise in the budget. She also pointed out that
the Board's salaries are set by the State, along with the salaries
of the constitutional officers.
Commissioner Adams asked for a response from Sheriff Wheeler.
Sheriff Gary Wheeler responded that he had no knowledge of the
letter prior to the meeting and did not know who wrote it. He felt
that it was an expression of the frustration of employees who had
no other means of expressing their feelings.
Commissioner Adams asked, and Sheriff Wheeler responded that
he did not authorize the letter, did not condone the letter, and
had no knowledge of the letter beforehand, but he understood the
author's motivation.
Discussion ensued regarding anonymous letters, and
Commissioner Macht stated that he does not give credence to
anything contained in anonymous letters.
Sheriff Wheeler agreed, but believed that this particular
letter was written because of frustration.
APPOINTMENT OF ADDITIONAL MEMBERS TO PARKS AND
RECREATION CO E
Commissioner Bird reported that following the Board's
direction to add two members to the Parks and Recreation Committee,
resumes were received. He preferred to distribute the resumes to
all the Board members for consideration at the next regular meeting
of the Board.
The Board members agreed.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:45 a.m.
ATTEST:
J. K. rton, Clerk
MINUTES APPROVED��� to °
65
July 26, 1994
J W. Tipp i , al
BOOK 9� P�C��