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HomeMy WebLinkAbout8/15/1995M MINUTESATTACHED' BOARD OF COUNTY COMMISSION INDIAN. RIVER COUNTY, FLORIDA A G E N D A TUESDAY, AUGUST 15,1995 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida Kenneth R. Macht, Chairman (District 3) James E. Chandler, County Administrator Fran B. Adams, Vice Chairman (District 1) Richard N. Bird (District 5) Charles P. Vitunac, County Attorney Carolyn K. Eggert (District 2) John W. Tippin (District 4) Jeffrey K. Barton, Clerk to the Board • � � .AMMOXII 3. P"EDGE ALLEGIANCE - Comm. John W. Tippi-r 4. 11 YY 1NN1:/ ul Ny YY ►/ 1., Item 13-A, designation of Channel 13 as official emergency channel. 2. Item 13-B, Jungle Trail's designation as a historic trail. 3. Item 13-C, parking and access for utilities department payments. 4. Item 13-1), Export Conference and Workshop. None ►/IIil11Y�,_, A. Regular Meeting of June 27,1995 B. Regular Meeting of July 11, 1995 A. Received and Placed on File in Office of CIerk to the Board: Report of Convictions, July, 1995 Medical Examiners Commission's 1994 Annual Report B. The Housing Group, Inc.'s Request for Final Plat Approval for a Multi -Family Residential Planned Development to be Known as Indian River Apts. (memorandum dated August 8, 1995) \DICU WFAM DICII , T W C. Agreements for Acquisition of Environmental Lands (memorandum dated July 26, 1995) D. ' Acceptance of Annual Fire Control Report Submitted by Fla. Dept. of Agriculture (letter dated July 27, 1995) YYII 11Y ► : y�l y . , / 04 ;001 Wo W1 WA(4 0MINI None 9:05 A.M. 9. PUBLIC ITF.M149 ' 1: 01 ; 1► 1. David Feldman's Request for PD Special Exception Use Approval for a 39 Lot Single Family Planned Development to be Known as Lago Rey (memorandum dated August 7, 1995) 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING -THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO OCR, FOR THE PROPERTY LOCATED ON LOT 2 OF THE KROEGEL HOMESTEAD SUBDIVISION, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE (memorandum dated August 2, 1995) Transient Animal Vaccine Services (memorandum dated August 8, 1995) Cost of Service Analysis - Fellsmere (memorandum dated August 9, 1995) None None � � r 11. DEPARTMENTAL MATTERS (cont'd 1: C. General Ser_im None D. Leisure , ervices None E. Office of Management and Budget None F. Personnel None G. Public Works None H. MUM* 27th Ave. SW Force Main - Final Change Order and Pay Request . (memorandum dated August 3, 1995) 12. COUNTY ATTORNF.V None . 13. COMMISSIONERS IT .M4 A. Koch B. Vice Chairman Fran B Adamc C. Commissioner Richard N Bird None B. Solid Waste Diann al Distri 1. Approval of Minutes - Meeting of 6/20/95 2. Approval of Minutes - Meeting of 6/27/95 3. Approval of Minutes - Meeting of 7/11/95 4. Approval of Minutes - Meeting of 7/12/95 5. Engineering Ground Water / Gas and Contractual Services Monitoring Wells (memorandum dated July 31, 1995) 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 x408 at least 48 hours in advance of meeting. August 15, 1995 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, August 15, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and P. J. Jones, Deputy Clerk. Chairman Macht called the meeting to order, and Commissioner Tippin led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Macht requested the addition of Item 13-A, discussion regarding meeting to designate Channel 13 as official emergency channel. Commissioner Adams requested the addition of Item 13-B, an announcement regarding Jungle Trail's designation as a historic trail. Commissioner Bird requested the addition of Item 13-C, discussion regarding parking and access for utilities department payments. Commissioner Eggert requested -the addition of Item 13-D, an announcement of Congressman Dave, Weldon's Export Conference and Workshop. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above items to the Agenda. AUGUST 15, 1995 xv. 91U boa 95 mE911 APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of June 27, 1995 and July 11, 1995. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meetings of June 27, 1995 and July 11, 1995, as written. CONSENT AGENDA A. Reports Received and placed on file in the office of the Clerk to the Board: 1. Report of Convictions, July, 1995 2. Medical Examiner Commission's 1994 Annual Report B. The Housing Group. Inc. - Final Plat Approval for Multi Family Residential Planned Development - Indian River Apartments The Board reviewed a Memorandum of August 8, 1995: TO: James E. Chandler County Administrator D ION HEAD CONCURRE CE: i ober. Keating, AICP Community Developm nt D actor THROUGH: Stan Boling,,AAICP Planning Director FROM: Eric Blad Staff Planner, Current Development _. _DATE: August 8, 1995 SUBJECT: The Housing Group, Inc. Is Request for Final Plat Approval for a Multi -Family Residential Planned Development to be Known as Indian River Apartments It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 15, 1995. DESCRIPTION AND CONDITIONS: Indian River Apartments is -..a 180 unit multi -family planned development on 50.72 acres. The subject site is located at 1350 AUGUST 15, 1995 2 Indian River Boulevard, approximately 1/3 of a mile south of 17th Street. Final plat approval is required prior to the issuance of a certificate of occupancy (C.O.) for any portion of the project. On September 8, 1994, the Planning and Zoning Commission granted preliminary plat/plan approval for the planned development known as Indian River Apartments. All required improvements for the development are controlled by the site plan approved in conjunction with the preliminary plata Carter -Associates,, Inc., on behalf of the Housing Group, Inc., is now requesting final plan approval, and has submitted a final plat (site boundary plat) in conformance with the approved preliminary PD plat. ANALYSIS: Since all required improvements are controlled by the approved site plan for development of the project, the Public Works Department issued a land development permit waiver for the project. The required improvements necessary to serve individual buildings within the project are controlled via the PD site plan inspection process and will -be inspected and approved on a building -by - building basis.. Prior to obtaining a certificate of occupancy (C.O.) for any building, the required improvements necessary to serve the building must be constructed by the developer and approved by staff. All of the required improvements in. the development will be private, except certain utility improvements, which will be dedicated and warranted separately prior _to the issuance of a C.O. for any building. Since the provision of required internal improvements will be controlled through the PD site plan inspection process, the developer has complied with the appropriate requirements to obtain final plat approval for the boundary plat. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final PD plat approval for the Indian River Apartments planned development. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously granted final. PD plat approval for Indian River Apartments planned development, as recommended by staff. C. Agreements for Acquisition of Environmental Lands The Board reviewed a Memorandum of July 26, 1995: TO: Board of County Commissioners FROM: . Terrence P. O'Brien - Assistant County Attorney DATE: July 26, 1995 SUBJECT: AGREEMENTS FOR ACQUISITION OF ENVIRONMENTAL LANDS Charles Hardee, of Florida Affinity, the County's outside land acquisition expert, has recommended (see attached memorandum) that the County Administrator have authority to sign acquisition agreements AUGUST 15, 1995 3�arnc ,f, �. BOOK 95 PACE 913 "subject to the Indian River County Board of County Commissioners final approval." A similar procedure is currently in use with right-of-way acquisition. See the attached specimen contract where the County's right-of-way agent signs subject to final Board approval. This office recommends that the County Administrator be authorized to sign land acquisition agreements subject to final commission approval. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized the County Administrator to sign land acquisition agreements, subject to final commission approval, as recommended by staff. D. Annual Fire Control Report - Florida Department of Agriculture The Board reviewed a letter of July 27, 1995: Florida Department of Agriculture & Consumer Services BOB CRAWFORD, Commissioner The Capitol • Tallahassee, FL 32399-0800 FP/ANNUAL REPORT Mr. James Chandler County Administrator Indian River County 1840 25th. Street Vero Beach, FL. 32960 Dear Mr. Chandler. July 27, 1995 Please find attached a copy of the Annual Fire Control Report as required by Division of Forestry Policy. This report outlines the Fire Control Activities for the past year and is intended for the County Commissioners. Would you please place the report on the Commission's agenda and notify my office of the date it will appear before the Commissioners. If you have any questions or need any additional information, please let me know. SINCERELY BOB CRAWFORD COAMSSIONER OF AGRICULTURE /,J�oe pataro Forest Area Supervisor (407) 778-5085 AUGUST 15, 1995 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously accepted the Annual Fire Control Report as required by Division of Forestry Policy. REPORT IS ON FILE IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING - REQUEST FOR PD SPECIAL EXCEPTION USE APPROVAL - DAVID FELDMAN - LAGO REY VERO BEACH PRESS -JOURNAL Published Daily Vero 11each, 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 Vrr{t{ Beach Press•Joumal, a daily newspaper published at Vero ",hin Indian River County, Florida; that the attached copy of advertisement, being a In the matter 1-1 In the Court, was pub- lished M said newspaper in the issues of ✓ Affiant further says that the said Vero Beach Press-Joumal 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 he purpose of securing this a¢ve f nt.Jor publication in the said newspaper. jc�8�1:61fs�ribefiefore me this day of A.D. 19 liy re t � , • i ., I1An©ARA C. srnAG111 . ►J"r"':'r ►',,,,,,,',!Business Manager) Slate of Florida, My Currrrrrrymo r 1, .. , .. S. {i!:'• AUGUST 15, 1995 5 NOiKE OF PUR C HEARNa Nodoe of hem" to oarelder theprimp of SWdal e{roeptbn use app" for d Eb pMnmd dev*proal kriom -es "Up I*". The subW lot {a arly W. and= In Swft 17 TTomehip 33 and Rrw 39. See the abore map for the bcaI'm A hemkip at which parties In Hereat and dti:ena •shsl have an oppo trAy to be heard, wX be held by the Board or CW Condasb o of Om Chwaeme of the Cowily Aftiiistraft Sift. kill. i Ad- Yg. bested at 1840 25th 'Street. Vero Beach, • Flor- ida an Tuesday, August 15. 1995 at 9:05 am Arwe who may wish towNM may be nimb ft airy dedsbn t o llm�recard t. Fri P ga b whichthe b tealieaary and evidence upon' ANYONE WFiO NEEDS A SPE NAI. ACCONMMODA. TION FOR THIS MEETING MUST CONTACT THE OOUNTY•S AMERICANS WITH DISAS LITIES ACT iADA) COORDINATOR • AT 5874=0 X 223 AT tl4fl 48 HOURS N ADVANCE OF THE MEET= INDIAN FWER COUNTY BOAFU) OF COUNTY I BY4-Keaelh R. Mead, Chalw ri .b1y25,1985 1219839 ON �� I l 4th ST SUBJECT •� :: ••;:;:;:: � �• . .. :,: • i� t li•��1 i 1111 STS �• NOiKE OF PUR C HEARNa Nodoe of hem" to oarelder theprimp of SWdal e{roeptbn use app" for d Eb pMnmd dev*proal kriom -es "Up I*". The subW lot {a arly W. and= In Swft 17 TTomehip 33 and Rrw 39. See the abore map for the bcaI'm A hemkip at which parties In Hereat and dti:ena •shsl have an oppo trAy to be heard, wX be held by the Board or CW Condasb o of Om Chwaeme of the Cowily Aftiiistraft Sift. kill. i Ad- Yg. bested at 1840 25th 'Street. Vero Beach, • Flor- ida an Tuesday, August 15. 1995 at 9:05 am Arwe who may wish towNM may be nimb ft airy dedsbn t o llm�recard t. Fri P ga b whichthe b tealieaary and evidence upon' ANYONE WFiO NEEDS A SPE NAI. ACCONMMODA. TION FOR THIS MEETING MUST CONTACT THE OOUNTY•S AMERICANS WITH DISAS LITIES ACT iADA) COORDINATOR • AT 5874=0 X 223 AT tl4fl 48 HOURS N ADVANCE OF THE MEET= INDIAN FWER COUNTY BOAFU) OF COUNTY I BY4-Keaelh R. Mead, Chalw ri .b1y25,1985 1219839 ON BOOK 95 PACE 915 The Board reviewed a Memorandum of August 7, 1994: TO: James E. Chandler County Administrator DE TMENT HEAD CONCURRENCE: Robert M. X dtiftf, AIrwf Community Develo went irector 16. THROUGH: Stan Boling .AICP Planning Director FROM: John W. McCoy, AICP �4,k Senior Planner, Current Development DATE: August 7, 1995 SUBJECT: David Feldman's Request for PD Special Exception Use Approval for a 39 Lot Single Family Planned Development to be Known as Lago Rey It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 15, 1995. BACKGROUND: Wayne Westerman, P.E., on behalf of David Feldman, -has submitted'an application for PD special exception use approval and preliminary PD plan/plat approval to construct a 39 lot single family planned development. The subject, vacant 39 acre parcel is zoned RS -1 and is located on the west side of 58th Avenue (Kings Highway) midway between 4th Street and lst Street S.W. (see attachment #2). The proposed development will be a conventional 39 lot single family subdivision with the lots grouped around a to -be -constructed lake. The only waiver requested through the PD process is a modification to the normal RS -1 minimum lot size requirement. All proposed structures will meet the normal RS -1 zoning district setback criteria. A similar application on the same property was previously considered by the Planning and Zoning Commission at its April 41 1994 meeting. At that meeting, the Planning and Zoning Commission recommended approval. At the applicant's request, however, the application was not forwarded to the Board of County Commissioners, and the application was allowed to expire. The proposed project is consistent with the previous application. •PD Review/Approval Process The approval steps in the PD process are as follows: Approval Needed 1. Conceptual Plan/Special Exception 2. Preliminary PD/Site Plan AUGUST 15, 1995 6 Reviewing Body P&ZC and BCC P&ZC L� � ® s 3. Land Development Permits Staff 4. Final PD (plat) BCC The applicant has applied for conceptual and preliminary plan approval. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the PD plan special exception request based on the submitted conceptual PD plan and the suitability of the site for the proposed project. The Board may approve, approve with conditions or deny the conceptual special exception PD plan. The Board may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. At its June 8, 1995 meeting, the Planning and Zoning Commission voted 6 to 1 to grant preliminary PD plan approval and to recommend that the Board grant PD special- exception approval for Lago Rey. If the Board of County Commissioners grants conceptual PD special exception approval, the preliminary PD plan approval will automatically become effective. ANALYSIS: 1. Zoning Classification: RS -11 Residential Single Family District (up to 1 unit per acre) 2. Land Use Designation: R, Rural (up to 1 unit per acre) 3. Size: 39.00016 acres (gross size, prior to 58th Avenue right- of-way donation) 4. Density: 0.9999 units per acre (gross density, prior to 58th Avenue right-of-way donation) 5. Utilities: In accordance with the requirements of the county's Utility Connection Matrix, this project will connect to public water and wastewater facilities which will be provided by the Indian River County Department of Utility Services. 6. Traffic Circulation: The proposed development will be accessed from 58th Avenue by a subdivision access road which will branch into two cul-de-sacs. These cul-de-sacs will provide access to all of the proposed lots. The traffic circulation plan has been reviewed and approved by the county's traffic engineering division. Given the proposed low density, and the fact that adjacent parcels have an agricultural land use designation, no emergency access point nor an interconnection to adjacent undeveloped parcels is required. Although not required by the LDRs, the applicant is currently proposing to provide a northbound, left -turn lane on 58th Avenue at the project entrance. The specifications for any such turn lane will be reviewed during the land.development permit process. 7. Stormwater Management: The conceptual stormwater management plan has been approved by the Public Works Department. As required by the LDRs, a Type "B" stormwater management permit must be obtained by the applicant prior to the issuance of a land development permit. AUGUST 15, 1995 7 IBX . oa Fr- I BOOK 95 P,, r V 8. Environmental Issues: The entire project site consists of a cleared grove. Therefore, there are no environmental concerns related to native upland preservation, wetlands mitigation or endangered species habitat. The applicant is creating a 2.61 acre lake which will require the construction of littoral zones pursuant to LDR section 934.05. The littoral zone construction plans will be reviewed at the time of land development permit review. The littoral zones are depicted on the preliminary PD plans. 9. Thoroughfare Plan: The county's Thoroughfare Plan classifies 58th Avenue as an arterial roadway that requires 136' of right-of-way. Presently, there is 55' of existing, useable road right-of-way. Since the east side of 58th Avenue is bordered by a drainage district canal, all additional road right-of-way must come from the west side of 58th Avenue. Thus, an additional 81' of property needs to be acquired eventually from this site to achieve the 136' width. The public works director is requesting that 76' of property be dedicated at this time to create a total of 127.1. This 127' width will accommodate the planned widening of 58th Avenue. The right-of-way will need to be dedicated prior to or via the final plat. The developer will be compensated for this right-of-way dedication by a density credit used in the proposed project design. Thus, the pre -donation site size (39 acres) is the basis for the 39 units allowed on-site. 10. Required Improvements: Given the project's location, the following improvements are required: • Bikepaths: A bikepath is required along the project's 58th Avenue frontage. The bikepath is required to be constructed by the county as a 4' paved shoulder. Therefore, the applicant has no responsibility for this improvement. • Sidewalks (Off -Site): A 5' wide sidewalk is required to be constructed by the developer along'the project's 58th Avenue frontage. This sidewalk will need to be constructed, or bonded -out, prior to a certificate of completion being issued for the subdivision. • Sidewalks (Internal): Internal sidewalks are not required since the overall density is under 3 units per acre. However, the planned development regulations require that plans address pedestrian circulation. To satisfy this requirement, the developer has provided internal pedestrian circulation paths within the project. • Streetlights: The project is required to provide internal and external (e.g. entrance road intersection) streetlighting. The applicant has acknowledged this requirement. The streetlight locations will be required to be depicted on the land development permit plans, and the streetlights will need to be maintained by a private property owners' association. All of these improvements are depicted on the preliminary PD plan. AUGUST 15, 1995 M s M 11. Buffers and Setbacks: • PD Setback/Buffer: All planned developments are required to have a 25' perimeter setback. In this instance, the RS -1 rearyard setback of 30' will control, since the 30' RS -1 rearyard setback will not be waived for this project. Pursuant to section 915.16, a Type "C" landscape buffer is required between this project and adjacent agricultural uses, along the project's north, south and west perimeter. This Type "C" buffer requirement will satisfy the county's active agricultural buffer requirement. • Arterial Buffer: The design of the project creates rear lots along 58th Avenue which is classified as an arterial. Pursuant to section 913.06(3)(c)5 of the LDRs, such lots must be buffered from the arterial roadway. The proposed PD plans depict the location of a buffer that satisfies this requirement. 12. Dedications: The applicant intends to dedicate subdivision improvements at the time of final plat, as follows: 1. Streets & Rights -of -Way: Private/Property Owners' Association 2. Utility Easements: Public/Indian River County 3. Stormwater Management: Private/Property Owners' Association 4. Landscaping Easement: Private/Property Owners' Association 5. Streetlighting: Private/Property Owners' Association 6. Right -of -Way for 58th Avenue: Public/ Indian River County 13. Street Designations: The project's proposed street designations comply with the requirements of Chapter 951. 14. Requested Waiver: The applicant has requested the following waiver, pursuant to the provision of PD section 915.15(1): 1. A reduction in the minimum RS -1 lot size from 40,000 square feet to 25,000 square feet. (Note: no increase in allowable density is proposed.) Due to the extent of lake area to be created, the waiver is required to allow the developer the maximum 1 unit per acre density. Staff has no objections to the above referenced waiver being granted, since normal setbacks will apply, adequate buffers will be provided, and common open area (the lake area) is being created in lieu of larger lot sizes. 15. Concurrency: The Long Range Planning staff has indicated that a conditional concurrency certificate will be issued for the project prior to the Board of County Commissioners' consideration of this item. Thus, all concurrency requirements related to PD special exception approval are satisfied. AUGUST 15, 1995 9 mow F, ,ttt 1 16. Surrounding Land Use and Zoning: North: South: East: West: RECOMMENDATION: Single Family/A-1 Single Family, Grove/A-1 Grove, Vacant/A-1 Vacant/A-1 BOOK 95 PnE919 7 Based on the analysis performed, staff recommends that the Board of County Commissioners grant approval of the planned development special exception use request for Lago Rey with the following conditions: 1. That prior to or via the final plat, the developer shall donate 76' of property along the site's 58th Avenue frontage for 58th Avenue road right-of-way. Said donation is compensated by density credit at 1 unit per acre as described in the staff report. 2. That the Board of County Commissioners grant the lot size waiver as listed in item 14 of the staff report. The Chairman introduced into the record the following letter in opposition from Theodore Angell: Theodore AngeLl P. 0. Box 7184 Vero Beach, F1 32968 Mr. Ken Macht, Chairman Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 August 11th, 1995 Dear Mr. Macht: At the next meeting of the Board of Commissioners on August 15th, 1995, a proposed development known as Lago Rey will be presented for consideration. I have opposed this application from the beginning and will continue to do so. The. Staff report of the Planning and Zoning Commission became available on August 9th, three business days before the scheduled hearing, and I cannot be present on that date to speak to the Board as I will be out of town. This proposal was made more than a year ago, and then withdrawn by the applicant. While under consideration by the Planning and Zoning personnel, I expressed my concerns and opposition in writing to Mr. Stan Boling at that time:, and you will please find my communication attached to the Staff report. Upon notification that the Lago Rey application had been resurrected, I contacted Mr.. John McCoy and requested that my original opposition and concerns remain standing. Having subsequently read the Staff report which was forwarded to me just yesterday, I must convey to you and to the Board of Commissioners my complete disappointment in its conclusion and for good reason. AUGUST 15, 1995 10 M This application, from the beginning, has been an exercise in semantics and circular reasoning, intended to justify the "exception" sought. Save for the opposition of one member, the Planning and Zoning Staff concurred with the faulty reasoning of the application and produced a flawed conclusion. In essence, the applicant is only interested in selling lots and is trying to get eight cents out of a nickel. Unfortunately, the Planning Staff, is supplying the arithmetic to make it happen. The applicant has 39 acres, and is entitled to as many one acre h(,mesites that the acreage will yield after design requirements. IP he h. --is to surrender frontage on 58th Avenue to he in compliance, then that is part of the cost of deveLopment whLeh, quite naturally diminishes his holdings. If he chooses or is required to install a Lake, that is also part of his cost and further diminishes the homesites he has left to sell. A requirement should not be made synoltymous with a dedication or a donation. To suggest that the applicant be allowed to reduce the lot size requirements to compensate for acreage applied to the development process, whether by requirement or prerogative, is an unacceptable compromise of zoning and amounts to a pure giveaway. To further suggest that density will not increase because the same number of homes will be built on lots half the size required is specious reasoning, and appears to 'be a substantial basis on which the recommendation has been made. The semantics for this is contained in Section 9 and 14 of the Staff report. Density, by definition in this matter is not numbers, but closeness or proximity. If, as the Report states, setbacks for one acre lot sizes will be maintained, it therefore stands to reason that the lot sizes the applicant seeks to establish are substantially narrower. The value of the lots will consequently be less, and the improvements will be closer to eachother, creating a density that the required. zoning seeks to prevent. Zoning, by any yardstick, is a quality enforcement provision in the police powers of the state, and the Lago Rey.application is"not__ctzns ,Atent with the abutting lot sizes or with the zoning in place. There is.no compelling reason to grant the exception sought,,since the objective of the applicant appears to be limited to the yield in dollars from the sale of lots that the applicant does not truly have. I am hopeful that the Board of Commissioners will agree that there is no gainsaying the right of taxpayers in the area to oppose such a plan and to expect the one acre zoning requirement to be upheld. I am confident that an approval contrary to 'zoning in place and supported by the circular and errant reasoning demonstrated in the Staff report would never stand up under judicial scrutiny. I would greatly appreciate the review of my April 1994 letter to Mr. Boling by the Berard of Commissioners. Respec y urs, THE DORS AMGELL AUGUST 15, 1995 11 toa 95 ',�Aa" 0 ®ocK 95 FAcF 921 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Chuck McKinnon, Attorney, appeared on behalf of Mr. Angell and advised that Mr. Angell owns the property immediately to the northwest corner of the subject parcel. Mr. Angell's property was chosen carefully because of the zoning and he is now very concerned that homes will be allowed on one-half acre lots. The proposed use will drastically affect the use and enjoyment of Mr. Angell's property, as well as other surrounding properties, and he does not believe the proposed use is consistent with the County's Comprehensive Plan. Mr. Angell believed that the developer's only reason for requesting this special exception is to make more money by having more units per acre and asked the Board to vote against the proposed exception. William Koolage of 11 Vista Trail appeared as a concerned citizen and stated that changes in density in recent years have had negative effects on adjacent property owners. Mr. Koolage believed these adjacent property owners should be compensated in some way and reminded the Board of their responsibility to protect all property owners. Commissioner Eggert emphasized that this is not a zoning change and that the density remains the same. She felt that compatible does not mean identical and did not think changes are running wild. The Chairman asked if anyone else 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 approved the planned development special exception use request for Lago Rey with the condition that the developer shall dedicate 76 feet of property along the site's 58th Avenue frontage for 58th Avenue road right-of-way, and granted a reduction in the minimum RS -1 lot size from 40,000 square feet to 25,000 square feet pursuant to Paragraph 14 of staff's memorandum, as amended. AUGUST 15, 1995 12 ORDINANCE AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO OCR, FOR PROPERTY LOCATED ON LOT 2 OF KROEGEL HOMESTEAD SUBDIVISION 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 in the Court, was pub- Zz lished in said newspaper in the issues of - v 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 refuAtepur,ose of securing this Deus. aciveiLa�er� t"4pr publication in the said newspaper. z'�n►dtlolar►c��ictibedfor a thi dayA.D. 19 - B.4AB�if%l C. SPRAGUE, NO?Ar�v Pu s�_to. ass Manager) 7'�Stateof Florida. Mr 'imzrxin Lxu Jwo•; o. 19^7 40 Notary: SAR ;AAA C N I'h +� CG Subject Property i KROEGEL NOMESTEAr G N GOV. LOT 2 N RM -6 f NOTICE -r PUBIC HEAR= Notice of county or e�errew VgFend tro r. Ce, GeradoPtion mane Camrnerckd District to OCR, Office, Comrnerdal, by George and MftW BtnieL The subject Prof. arty Is located 'on Lot 2 of • the Kroegsl Horrrestead Subdivision, and contains a proxLnately 0.81 seCtIM a Sado own prbMty 1p 31S RarV 39E, and bekV h Wan River Courcy, Florida. dtizahs bene t which parties in MWW and opporttadly to be heard, wig be held by the Board of Cartariphers of Ciortyrds- � Cts ere Of the Adt*Wbtrajtbn Ing, located at 1840 25th Street,. Vero Bead% Fbr- �T . f t 15, 781n. at 9:05 s _ CmNItY Com � Anyone who may wish to ap�eaF any decisionwhich maybe made at this mee gW A need to en• We that a verbatim record of the proceedings Is Made, which ahohrdes to ftony and evidence upon which the appeal is based. this T e wft made contact the oahsdy's Arm wfth 223 at least A�(ADA)pp� t o adv SS74MM of hdaBoard July 28,9-S46 1 1219844 The Board reviewed a Memorandum of August 2, 1994: TO: James E. Chandler County Administrator HEAD CONCURRENCE Community for DATE: August 2, 1995 THROUGH: Sasan Rohani, AICD !Er- !L' Chief, Long -Range Planning FROM•: John Wachtel OW Senior Planner, Long -Range Planning RE: GEORGE AND MILDRED BUNNELL REQUEST TO REZONE APPROXIMATELY 0.61 ACRES FROM CG TO OCR (RZON 95-05-0044) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 15, 1995. - AUGUST 15, 1995 13 sox 95 't 807 95 pw923 DESCRIPTION AND CONDITIONS This is a request to rezone approximately 0. 61 acres from CG, General Commercial District, to. OCR, Office, Commercial, Residential District. Located along the west bank of the Indian River_ Lagoon, in the north part of the county, the subject property is owned by George and Mildred' Bunnell. The purpose of this request is to secure the necessary zoning to build a single-family home on the subject property. Single -Family homes are not permitted uses in the CG zoning district. On July 13, 1995, the Planning and Zoning Commission voted 6-0 to recommend that the Board of County Commissioners approve this request to rezone the subject_property to OCR. - Existing Land Use Pattern Zoned CG, General Commercial District, the subject property is vacant except for one 288 square foot metal building and some trees. The Indian River Lagoon is east of the site. Land to the north and west is also zoned CG and contains at least one single-family home. Approximately 175 feet north of the subject site is a CG zoned mobile home and recreational vehicle park that occupies land from Indian River Drive to the Indian River Lagoon. South of the subject property, land Family Residential District (up to heavily wooded and contains several acre lots. Future Land Use Pattern is zoned is RM -6, Multiple - 6 units/acre). That land is single-family homes on 2 to 3 The subject property and properties to the north and west are designated C/I, Commercial/Industrial on the future land use map. The C/I designation permits various commercial and industrial zoning districts. Land to the south of the subject property is designated L-2, Low -Density Residential -2, on the future land use map. The L-2 designation permits residential uses with a density of up to 6 units/acre. Environment Although part of the site contains a dense tree canopy, portions of the subject property appear to have been cleared. No wetlands or native upland plant communities exist on site. According to Flood Insurance Rating Maps, the subject property is within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of nine feet NGVD. Utilities and Services The site is within the Urban Service Area of the county. Water lines from the South County Reverse Osmosis Plant extend to within a quarter mile of the site.- Wastewater lines from the North Regional Wastewater Treatment Plant also extend to within a quarter mile of the site. Transportation System The subject property has access to Indian River Drive through an easement. Classified as a subdivision collector roadway on the future roadway thoroughfare plan map, Indian River Drive is a two- lane paved road with approximately 66 feet of existing -public road right-of-way. Expansion of Indian River Drive is not currently programmed. AUGUST 15, 1995 14 Zoning District Differences As noted in the county's land development regulations, the CG zoning district is intended to accommodate general retail sales and selected service activities. The OCR zoning district, however, is oriented to less intense uses. According to county regulations, the OCR zoning district is designed for office, commercial, and residential development that is compatible with nearby neighborhoods. Permitted uses Within the OCR zoning district include professional offices and residences. Moat retail, service, and other intense commercial uses are prohibited. The difference between the CG and OCR zoning districts is best illustrated by the respective purpose statements of the two districts. These purpose statements, found in the land development regulations, are as follows: • CG, General Commercial District, is intended to provide areas for. the development of general retail sales and selected service activities. The CG district is not intended to Provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. OCR, Office, Commercial, Residential District, is intended to provide areas for the development of restricted office, commercial, and residential activities in a manner which will be compatible with surrounding neighborhoods. The OCR district is further intended to provide land use controls for ensuring the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. 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 also requires 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. 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. For commercial rezoning requests, the most intense use (according to AUGUST 15, 1995 15 na 95 onE d"2 BOOK 95 FA;:E 925 the county's land development regulations) is retail commercial with 10,000 square feet of gross floor area per acre of land proposed for rezoning. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: ±0.61 acres. 2. Land Use Designation: C/I, Commercial/Industrial 3. Existing Zoning Classification: CG, General Commercial 4. Proposed Zoning Classification: OCR, Office, Commercial, Residential 5. Most Intense Use under Existing Zoning Classification: ±6,100 sq. ft. of Retail Commercial (Shopping Center in the 5th Edition ITE Manual). 6. Most Intense Use under Proposed Zoning Classification: ±6,100 sq. ft. of Retail Commercial (Shopping Center in the 5th Edition ITE Manual). As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase density or intensity of use are exempt from concurrency requirements. This rezoning request is exempt from concurrency reviewbecause the requested zoning would not increase the use intensity of the site. By changing the zoning of the subject property from CG to OCR, residential uses not currently allowed would be permitted on the site. However, because the most intense use of the -property would be the same -with either zoning district, changing the property's zoning from CG to OCR would not create additional impacts on any concurrency facilities. When new development is proposed detailed concurrency analysis development approval process. for the subject property, a more will be conducted during the Compatibility with the Surrounding Area The principal impacts of development of the subject property will be on the surrounding residential areas. Compared to the site's existing CG zoning, the proposed OCR zoning district is less intense. In terms of noise, hours of operation, and traffic generated, the impacts of OCR type development are less than the impacts of CG type development. Consequently, development under the OCR district would generally have fewer impacts than development under CG zoning. For that reason, the proposed OCR zoning of the site would be compatible with the surrounding residential uses. Since the current CG zoning, of the subject property allows residential development only as an accessory use, the applicant cannot develop the property for residential use without zoning changes. There are two principal alternatives available to the applicant which would allow residential development of the property. These are: 1. Amend the comprehensive plan to redesignate the site to a -residential land use designation while simultaneously rezoning the site to a residential zoning. This alternative would cost -$930:O0 and take approximately 9 months. AUGUST 15, 1995 16 M 2. Rezone the site to OCR. This alternative would cost $650.00 and take approximately 3 months. The applicant has chosen this alternative. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, 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 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 the following policy. - Future Land Use Element Policy 1.15 Future Land Use Element Policy 1.15 states that the commercial land use designation is intended for uses such as retail and wholesale trade, offices, business and personal services, residential treatment centers, limited residential uses, and other similar type uses. In addition, that policy states that all commercial uses must be located within an existing or future urban service area. Since the subject property is located within a commercial/ industrial node within the county's urban service area, the request is consistent with Future Land Use Element Policy 1.15. While the referenced policy is particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. Potential Impact on Environmental Quality Staff's position is that the requested zoning change will not negatively impact the environmental quality of this previously disturbed site. Since the property is less than one acre in size and has been partially cleared, county native upland preservation regulations do not apply. Based upon its analysis, staff has determined that the environmental impacts of development of the subject property will be the same under either the current CG zoning or the requested OCR zoning. Conclusion The requested zoning is compatible with the surrounding area, consistent with the goals,_ objectives, and policies of the comprehensive plan, and meets all. applicable concurrency criteria. The subject property is located in an area deemed suitable for a mix of office, restricted commercial, and residential uses. The request meets all applicable criteria. For these reasons, staff support the request. Recommendation Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CG to OCR. AUGUST 15, 1995 17 �,ba . boa 95 fw 91 27 The Chairman opened the public hearing and asked if anyone wished to be heard.in this matter. Janice Kroegel Timinsky, granddaughter of Paul Kroegel and great granddaughter of George Kroegel who homesteaded this land in 1881, stated that this property has been used commercially from 1881 through 1991, when the master plan went into effect. Mr. and Mrs. Bunnell were aware of the zoning when they purchased their property. Mrs. Timinsky had a problem with the plans for the property as she was first told the property would be used for a duplex, then was told there would be a retirement or visitor's structure. Mrs. Timinsky then read a letter from her son and daughter-in-law, Tim and Carrie Timinsky, also opposing the Bunnells' request. Warren Dill, attorney for George and Mildred Bunnell, stated that the property will be used for Mr. and Mrs. Bunnell's residence. Mr. and Mrs. Bunnell have legal access to the property and ask that the Board accept staff's recommendation. Lou Riley Fernandez of Melbourne stated that the property always has been commercial. The roadway is private and has never been open to the public. The Chairman asked if anyone else 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 95-21 amending the zoning ordinance and the accompanying zoning map from CG to OCR for the property located on Lot 2 of the Kroegel Homestead Subdivision, pursuant to staff's recommendations. ORDINANCE NO. 95-21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO OCR, FOR THE PROPERTY LOCATED ON LOT 2 OF THE KROEGEL HOMESTEAD SUBDIVISION, 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 AUGUST 15, 1995 18 ORDINANCE 95-21 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: LOT 21 KROEGEL HOMESTEAD SUBDIVISION AS RECORDED IN PLATBOOK 8, PAGE 83 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Be changed from CG to OCR. All with the meaning and intent and as set forth and described in said Land Development Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 15th day of August, 1995. This ordinance was advertised in the Vero Beach Press -Journal on the 26th day of July, 1995 for a public hearing to be held on the 15th day of August, 1995 at which time it was moved for adoption by Commissioner Eggert , seconded by Commisbioner Adams , and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice -Chairman Fran B. Adams _dye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye BOARD OF_ COUNTY COMMISSIONERS OF INDI RIVER CO BY: enneth R. Mhcht, Chairman ATTEST BY: ' Je K. Bart Clerk A; Acknowledgement by the Department of State of the State of Florida this 23rd day of August , 1995. AUGUST 15, 1995 19 ;w 95 fwa rbof, 95 mF929 ORDINANCE 95-21 Effective Date: upon filing with the Department of State. Acknowledgement from the Department of State received on this day of 28th August, 1995, at 11:00 A.M./&a& 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 SUFFI�CIJENCY `.t William G. Collins II, Deputy County Attorney Robert M. Keatfihg, 1AAcP Community Developme t Dir for TRANSIENT ANIMAL VACCINE SERVICES The Board reviewed a Memorandum of August 8, 1995: TO: BOARD OF COUNTY CONMSSIONERS - - - - - - - - - - FROM: Fran B. Adams, Vice Chairman DATE: August 8, 1995 SUBJECT: Transient Pet Vaccine Services We discussed transient pet vaccine services on November 1, 1994, .and some further investigation has been done. I think we should. re -address this issue. Commissioner Adams visited a transient animal vaccination clinic on Sunday and expressed her concern about the quality of care and availability of emergency care. Michael J. Herman, a veterinarian with Westside Animal Hospital, representing the veterinarian community of Indian River County, advised that the State has some minimum requirements which were recommended by a pet vaccine company. These clinics see about 120 animals in a 4 hour period, which is an impossible situation allowing 2 to 4 minutes per animal, and there are no provisions for segregating animals. The main concern, however, is the provision of emergency services. The clinic held this weekend at Ryanwood listed 2 emergency clinics, one in Melbourne and one in Jensen Beach. Dr. Herman determined the Melbourne clinic is 34 miles away and takes over 30 minutes to reach. The Jensen Beach clinic is 34 AUGUST 15, 1995 20 miles away and takes 41 minutes to reach. In addition, there is a concern about fresh clean water being supplied at the transient clinics. Dr. Herman believed that people will say local veterinarians are afraid of competition, but there are 15 clinics in this area and they welcome competition. Local veterinarians work hand-in- hand with the Humane Society and other indigent care programs. they are not in this business to make a lot of money and are willing to work with people regarding payment for services. He spoke with the vet in Jensen Beach who was listed as the emergency vet for the transient clinic and the vet had no understanding that he was acting in that capacity. He did sign on to vaccinate animals but had no written agreement with Pet Vaccine Services and no knowledge that he had ever signed anything agreeing to provide those services. Dr. Herman related that he had called Pet Vaccine Services for an emergency recommendation, and the only office responding was in California. They did not know where to refer us until 15 or 20 minutes later when they called back with the Melbourne and Jensen Beach numbers. Commissioner Eggert expressed her concern that the general community does not know they can go to a local vet and work something out. Chairman Macht emphasized that irresponsible pet owners cost taxpayers $500,000 every year. MOTION WAS MADE by Commissioner Adams, SECONDED by* Commissioner Eggert, that the Board approve a moratorium on these transient clinics until a recommendation can be formulated. Michael J. Galanis, Director of Environmental Health, advised that he also attended the Ryanwood clinic on Sunday. Mr. Galanis advised that, under state law, he is paid for 30 miles to Stuart which is farther than Jensen Beach. Pet Vaccine had 12 staff there, one of whom was the emergency vet whose name and address was posted. He did not see any violation of state law. Commissioner Bird felt that people availing themselves of this service are trying to comply with ordinances in a less expensive way than dealing with a private veterinarian. COMMISSIONER ADAMS WITHDREW HER MOTION. AUGUST 15, 1995 21 Mlow 95 0 -of BOOK 95 pn 931 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously directed staff to look into the matter and bring some recommendations back to the Board at the next meeting; with the stipulation that the Board be consulted should any application for a temporary use permit be made prior to that time. COST OF SERVICE ANALYSIS - FELLSMERE The Board reviewed a Memorandum of August 9, 1995: TO: Board of County Commissioners SUBJECT: COST OF SERVICE ANALYSIS - FELLSMERE FROM: James E. Chandler 0-10� DATE: August 9, 1995 County Administrator l; ellsmere Mayor Baker and Administrator Little have requested a County cost of service analysis. Such an analysis would generally identify the county services that would be provided and the fiscal implications if the city were to disincorporate. If the Board concurs, staff will proceed with initiating the analysis. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved a County cost of service analysis, as recommended by staff. 27TH AVENUE SW FORCE MAIN - FINAL CHANGE ORDER AND PAY QUEST The Board reviewed a Memorandum of August 3, 1995: DATE: AUGUST 3, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. MCCAIN AND STAFFED CAPITAL PROJECTS.ENGINEER BY: DEPARTME OF LITY SERVICES SUBJECT: 27TH A , SW FORCE MAIN F E ORDER AND PAY REQUEST COUNTY PROJECT NO. IIS -93 -09 -CS BACKGROUND On November 22, 1994, the Indian River County Board of County Commissioners approved a contract with Strickler Brothers Construction for the above -referenced project. The project is now complete and has been accepted by Indian River County and the Department of Environmental Protection. AUGUST 15, 1995 22 ANALYSIS The original contract price was $259,985.00. The final quantity adjustment (i.e., additional paved driveway restoration, etc.) has been done and equates to a project increase of $4,340.00. This is an increase of 1.67% and equates to a final project cost of $264,325.00. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the final change order and pay request as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved final change order and pay request of Strickler Brothers, Inc., as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD USE OF CHANNEL 13 AS DESIGNATED EMERGENCY CHANNEL Chairman Macht introduced into the record the following letter from Don W. Vanas: 4,30 24th Ave. Vere Beac=h FL 32962 August 11. 1995 Mr. Doug Wright. Director IRC Emergency Management 1840 25th Street Vero Beach EL 32960 Dear Mr. Wright, Both my wife and I have contacted your office about our experiences on Tuesday, August 1, as Erin was approaching. I would like to summarize those events briefly for you. In the morning, as we were trying to decide whether to put up our, storm panels, we watched television regularly. At 11:00 AM we were advised to switch to Channel 13 for emergency information and saw your first broadcast. In the evening, we realized with growing concern that we were getting all of our information from West Palm. Orlando and Atlanta and that they weren't reporting much about Indian River County. At 8:30 PM my wife called your office and was told that there had 3ust been an emergency broadcast and that there would be another at 11:00 PM. We thought it was strange that we had not seen the interrupt, but resolved to watch closely for the next broadcast. AUGUST 15, 1995 23 BODY. '`� r BOOK 95 PA.rE 933 At 11:00 PM we tuned to Channel 13 and saw only the radar map of Florida, with no audio. We checked the other stations, no interrupt. Back to 13, no announcement, and so it continued. We have come to realize by now that you just won't believe our story, which, however, has been confirmed by several neighbors. TCI has also confirmed that there was no problem with our cable as long as the stationary radar map was visible on our screen. It is clear from your self-congratulatory statements to the press that you are more interested in what went right than with what may have gone wrong. The reaction from your office should have been to acknowledge our criticism with concern and gratitude, and then to address and investigate the criticism. find out what did go wrong in the transmission, and. finally, to inform us that you had found the reasons and assure us that it would not happen again. Instea.:t you have chosen to deny all. This is an alarmi.nq and irresponsible attitude for a public official to take. I have already 311Q.Jested to You tna: the down tim-:: -:on _h•,3nne1 13 could more profitably be used to disolav costerboard notices of emergency information than a static radar display. I would further suggest that a test of the interrupt system is in order. exercisinq both the audio and video channels. Such a test should be pre -announced with persons in various parts of the county alerted to watch and listen for it and report in. As You know we are very upset by what happened and concerned for our future here if we have to depend on an Erin -level emergency system for help during an Andrew -level storm. We hope that you can see your way clear to take some positive actious to allay these concerns. Sincerely, .OA11941&4?41 Don W. Vanas Chairman Macht then suggested a meeting to formalize the use of Channel 13 for emergency purposes. Commissioner Bird felt that Channel 12 had done an excellent job and graciously made their channel available for local announcements. Chairman Macht stated most other channels were very late with their information and Channel 13 would be the authoritative voice to be monitored by our shelters, police, and other emergency workers, as well as the general public. Commissioner Adams suggested designating a radio channel also. Commissioner Bird then suggested some kind of rolling message when the audio and video were not in use. Chairman Macht stated that the technical means of getting information on Channel 13 is still being developed. AUGUST 15, 1995 24 M M M CONSENSUS was reached that Chairman Macht would chair a meeting for the purpose of designating Channel 13 as the emergency channel for Indian River County, together with the designation of an emergency radio station. ANGLE TRAIL DESIGNATION AS HISTORIC TRAIL Commissioner Adams announced that she had received a telephone call from Ruth Stanbridge who advised that the Governor's Conference on Tourism will be announcing shortly that Jungle Trail will be designated as a historic trail. UTILM ES DEPARTMENT ACCESS AND PARKING Commissioner Bird requested an update on the Utilities Department access and parking, and County Administrator Chandler responded that an office adjacent to the mail room is being prepared and consideration is being given to permitting short-term parking in the circle drive. Director Pinto stated that the major concern is not paying the bills but filling out applications or taking care of a problem with the bill. William Roolage, a concerned citizen, felt there is plenty of room at the new Courthouse and encouraged the Commissioners to look at that space. Commissioner Adams believed there would be problems with access such as parking and walking across the street. Commissioner Bird felt that people would not want to go through a security checkpoint just to pay a utility bill. CONSENSUS was reached to direct staff to further investigate the problem and bring some recommendations to the next meeting regarding drive -up payment arrangements for the Utilities Department. EXPORT CONFERENCE Commissioner Eggert announced that Congressman Dave Weldon will host an Export Conference and Workshop on August 28, 1995 at the Brevard County Government Complex in Melbourne. AUGUST 15, 1995 25 mof 95 onf. RIM BOOK 95 PA. f�E 935 SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would convene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:37 a.m. ATTEST: J. K.' on, Clerk Minutes APp roved : < 1.2 _ �S AUGUST 15, 1995 26