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Home My WebLink About10/21/1997MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, OCTOBER 21,1997 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman (District 2) James E. Chandler, County Administrator John W. Tippin, Vice Chairman (District 4) Fran B. Adams (District 1) Charles P. Vitunac, County Attorney Caroline D. Ginn (District 5 Kenneth R Macht (District 3) Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item 11.H.5., North County Wastewater Treatment Plant awards. 2. Add Item 13-A, Agreement Among EPA and FWS Regarding Enhanced Protection of Endangered Species (new rules regarding clean water). 3. Add Item 13-K Announcement Regarding Annual Meeting of Treasure Coast Council on Local Goverments. 4. Add Item 13-C, Report on Status of Citrus Waste Dumping. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF NUNUTES A. Special Meeting of Sept. 9, 1997 B. Regular Meeting of Sept. 16, 1997 C. Special Meeting of Sept. 17, 1997 D. Regular Meeting of September 23, 1997 E. Regular Meeting of October 7, 1997 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Delta Farms Water Control Dist., Schedule of Regular Meetings of the Board of Supervisors B. Approval of Warrants (memorandum dated October 9, 1997) 1-7 C. Release of Easement Request by Windsor Properties: Lot 1, Block 26, Windsor S/D Plat 9 (memorandum dated October 9, 1997) 8-14 *Qg 133, WAGF.' --71' 7. CONSENT AGENDA (cont'd ): �JC,� 10j F,AGE 72 BACKUP PAGES D. I.R. Medical Center's Request for Site Plan Extension for an Addition to an Existing Medi- cal Center (memorandum dated October 14, 1997) 15-19 E. Traffic Control Device Ledger (memorandum dated October 10, 1997) 20-33 F. Fair Association -1998 Indian River County Fair (memorandum dated October 13, 1997) 34-41 G. County's Right of Way Exchange - Zeran - S W First Street (memorandum dated October 10, 1997) 42-45 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Clerk of Circuit Court - Jeffrey K Barton Check for $365,343.64 and Report Representing Unexpended Funds and Excess Fees (letter dated October 15, 1997) 46-48 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDIN- ANCE AND THE ACCOMPANYING ZONING MAP FROM CL TO CG, FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 82ND AVE AND ST. RD. 60, AND DES- CRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE (memorandum dated October 9, 1997) 49-67 2. AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA AMENDING THE ZONING ORDIN- ANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO RM -8, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 26TH ST. BETWEEN 82ND AVE. AND 74TH AVE, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE (memorandum dated October 6, 1997) 68-90 3. AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA AMENDING THE ZONING ORDIN- ANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO RS -3 FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF 82ND AVE AND 8TH ST. AND DESCRIBED HEREINASVD PROVIDING FOR EFFECTIVE DATE (memorandum dated October 3, 1997) 91-117 B. PUBLIC DISCUSSION ITEMS 1. Tami Bogart of Dave Weldon's Office (no backup provided) =CKUP 9:05 A.M. 9. PUBLIC ITEMS (cont'd.): B. PUBLIC DISCUSSION ITEMS (cont'd.) PAGES 2. Request to Use Parking Lot at Wabasso Beach _ Park for Access to Beach (memorandum dated October 13, 1997) 118-129 3. Request by Susan & Charles Coker to Be Heard Re: Assessment Lien Interest (letter dated October 15, 1997) 130-133 C. PUBLIC NOTICE1TEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services Approval of Renewal of "Class E" Certificates of Public Convenience and Necessity to Provide Wheelchair Transportation (memorandum dated October 14, 1997) 134-135 C. General Services None D. Leisure Services None E. Office of Management and Budget Audit of Agencies Receiving Public Funds (memorandum dated October 14, 1997) 136-137 F. Personnel None G. Public Works Indian River County Council on Aging, Inc. Con- tract for Automotive Mechanical Repairs (memorandum dated October 13, 1997) 138-141 H. Utilities 1. No. County R.O. Plant Wellfield Final Pay Request (memorandum dated October 8, 1997) 142-149 2. Temporary Water Service Agreement - I.R.C. and Royal Petroleum, Inc. (memorandum dated October 7,1997) 150-155 3. Central Region Wastewater Treatment Plant Update and Authorization to Bid and Award (memorandum dated October 3, 1997) 156-182 4. Utility Rate Consultant Proposals - Ranking (no backup provided) no10.3 F -Au 73 12. COUNTY ATTORNEY 1997 Legislative Delegation Meeting (memorandum dated October 15, 1997) 13. COMMISSIONERS ITEMS A. Chairman Carolyn K. Eggert B. Vice Chairman John W. Tigoin C. Commissioner Fran B. Adams D. Commissioner Caroline D. Ginn BACKUP Etl� WAGE 4 PAGES E. Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None & Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT 183 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 oI meetmIZ. Meeting broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week _ Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OCTOBEk 21, 1997 1. CALL TO ORDER.....................................t 2. INVOCATION ........................................... 3. PLEDGE OF ALLEGIANCE ............................ f 4. ADDITIONS TO THE AGENDA .......................... / 5. PROCLAMATIONS AND PRESENTATIONS ................. �- 6. APPROVAL OF MINUTES .............................. :�i- 7. CONSENT AGENDA ................................... 6-- ----:>- 7.A. REPORTS...............................................r a 7.B. LIST OF WARRANTS ....................................... _t�3 7.C, RELEASE OF EASEMENT - WINDSOR PROPERTIES, INC. -LOT], BLOCK 26, WINDSOR SUBDIVISION, PLAT 9 .......................... 7.D. INDLwRIVER MEDICAL CENTER - REQUEST FOR SITEPLAN EXTENSION FOR ADDITION TO EXISTING MEDICAL CENTER .. iL*/6 7.E. TRAFFIC CONTROL DEVICE LEDGER ........................ 7F. INDL4N RIVER COUNTY FAIR ASSOCIATION, INC. (FIREFIGHTERS - 1998 COUNTYFAIR................................�� 7.G. ZERAN- SW I ST STREET - RIGHT-OF-WAYEXCHANGE .......... If ---�17 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES..........................................Pg OCTOBER 21, 1997 9.A.1 PUBLIC HEARING - ORDINANCE AMENDING ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM CL TO CG FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 82ND AVENUE AND STATE ROAD 60 - NATIONAL OIL & GAS DISTRIBUTERS, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. . . . . . . . . . . B 9.A.2 PUBLIC HEARING - ORDINANCE AMENDING ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM A-1 TO RM -8 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 26TH STREET, BETWEEN 82ND AVENUE AND 74TH AVENUE - KENNEDY GROVES, INC............................................. X37 9.A.3 PUBLIC HEARING - ORDINANCE AMENDING ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM A-1 TO RS -3 FOR PROPERTY LOCATED AT NORTHWEST CORNER OF 82ND AVENUE AND 8TH STREET - EMILE AND ROSALIE KUESTER (SINCLAIR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 4:� 9.B.1. PUBLIC DISCUSSION - TAMI BOGART OF DAVE WELDON'S OFFICE OCTOBER 21, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9.11.2. PUBLIC DISCUSSION - CANGIANELLI CONSTRUCTION'S REQUEST TO USE PARKING LOT AT WABASSO BEACH SARK FOR ACCESS TO BEACH- _ HERSH, PARVUS, SIMPSON, GLYNN - SUMMERPLACE SEAWALLS ..................................... M t 9.B.3. PUBLIC DISCUSSION - SUSAN AND CHARLES COKER - REQUEST TO BE HEARD REGARDING ASSESSMENT LIEN INTEREST ................................ 5� 10. COUNTY ADMINISTRATOR'S MATTERS .............. 40 11.B. RENEWAL OF "CLASS E" CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE WHEELCHAIR TRANSPORTATION - ABLE TRANSPORT - ALL FLORIDA MEDICAL TRANSPORT - AMERICAN RED CROSS - ASSOCIATION OF RETARDED CITIZENS - CITY CAB OF VERO BEACH - VETERAN'S MEDICAL TRANSPORT - INDIAN RIVER COUNTY COUNCIL ON AGING - INDIAN RIVER MEMORIAL HOSPITAL ......................... �4 11.E. AUDIT OF AGENCIES RECEIVING PUBLIC FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��. 11.G. INDIAN RIVER COUNTY COUNCIL ON AGING, INC. - CONTRACT FOR AUTOMOTIVE MECHANICAL REPAIRS - INDIAN RIVER COUNTY FLEET SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4e/ (, 3 OCTOBER 21, 1997 3 } �v�K .EacE: 7 r MCI 1 3) SAGE. Qa 11.H.1. NORTH COUNTY R.O. PLANT WELLFIELD —FINAL PAY REQUEST — MISSIMER IlVTERNATIONAL ..... 6 11.11.2. ROYAL PETROLEUM, INC. — TEMPORARY WATER SERVICE AGREEMENT .......................... 'G 11.11.3. CENTRAL REGION WASTEWATER TREATMENT PLANT UPDATE AND AUTHORIZATION TO BID AND AWARD........................................6 4 11.H.4. UTILITY RATE CONSULTANT PROPOSALS — RANKING....................................... e�k 11.H.5. NORTH COUNTY WASTEWATER TREATMENT PLANT — OPERATIONS AND MAINTENANCE AWARDS .... -70 12. 1997 LEGISLATIVE DELEGATION MEETING .......... g 13.A. EPA (ENVIRONMENTAL PROTECTION AGENCY) AND FWS (FISH & WILDLIFE SERVICE) RULES REGARDING ENHANCED PROTECTION OF ENDANGERED SPECIES — LOCAL CLEAN WATER DECISION MAKING ............................. 9f 9 13.11. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS — A14NOUNCEMENT OF ANNUAL MEETING ....................................... 9 q OCTOBER 21, 1997 13.C. CITRUS WASTE DUMPING - STATUS REPORT ..... 14.A. EMERGENCY SERVICES DISTRICT .............. X96 14.B. SOLID WASTE DISPOSAL DISTRICT .............. 94 9b 14.C. ENVIRONMENTAL CONTROL BOARD ............ A90 OCTOBER 21, 1997 5 50"1 lj FaGF #/ October 21, 1997 REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, October 21, 1997, at 9:05 a.m. Present were Carolyn K. Eggert, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; and Caroline D. Ginn. Commissioner Kenneth R. Macht was absent due to the death of his mother. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1, CALL TO ORDER Chairman Eggert called the meeting to order. 2. INVOCATION Reverend Richard Clark of Our Savior Lutheran Church gave the Invocation. 3 PLEDGE OF ALLEGIANCE County Attorney Vitunac led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Commissioner Ginn requested the addition of Item 11-H-5, North County Wastewater Treatment Plant awards. Chairman Eggert requested the addition of Item 13-A, Agreement Among EPA and FWS Regarding Enhanced Protection of Endangered Species (new rules regarding clean water). OCTOBER 21, 1997 8 i `� err r?) BOOK .®i"¢''>a1r� , Commissioner Tippin requested the addition of Item 13-B, announcement regarding annual meeting of Treasure Coast Council on Local Governments. Commissioner Adams requested the addition of Item 13-C, report on status of citrus waste dumping. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously added the above items to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of September 9, 1997; the Regular Meeting of September 16, 1997; the Special Meeting of September 17, 1997; the Regular Meeting of September 23, 1997; and the Regular Meeting of October 7, 1997. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the Minutes of the Special Meeting of September 9, 1997; the Regular Meeting of September 16, 1997; the Special Meeting of September 17, 1997; the Regular Meeting of September 23, 1997; and the Regular Meeting of October 7, 1997, as written. 7 CONSENT AGENDA Commissioner Adams requested that Item 7-F be pulled for discussion. OCTOBER 21, 1997 2 7.A. REPORTS Received and placed on file in the Office of the Clerk to the Board: 1. Delta Farms Water Control District, Schedule of Regular Meetings of the Board of Supervisors. 7. B. LIST OF WARRANTS The Board reviewed a Memorandum of October 9, 1997: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: OCTOBER 9, 1997 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06. Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants. issued by the Clerk to the Board, for the time period of October 2 to October 9. 1997. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from October 2, 1997 through October 9, 1997, as recommended by staff. OCTOBER 21, 1997 q s 3 Dm -10 3 PAGE j moK 103 eAGF CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0018833 FLORIDA COMBINED LIFE 10/03/97 1,975.19 0018834 VERO BEACH, CITY OF 10/07/97 132.68 0018835 ZAHM, GEORGE 10/07/97 300.00 0018836 CARTER, ELAINE 10/07/97 300.00 0018837 BEINLICH, KENNETH S 10/07/97 335.02 0018838 WINSLOW, DAVID C 10/08/97 1,122.60 0018839 BARTON, JEFFREY K 10/08/97 2,461.74 0230316 AMERICAN WATER WORKS 10/09/97 100.00 0230317 A B C QUICK PRINTERS 10/09/97 204.94 0230318 ACTION TRANSMISSION AND 10/09/97 425.00 0230319 A G L L 10/09/97 169.15 0230320 ACTION ANSWERING SERVICE 10/09/97 420.48 0230321 AUTO SUPPLY CO OF VERO BEACH, 10/09/97 1,761.44 0230322 AT EASE ARMY NAVY 10/09/97 132.00 0230323 A B S PUMPS, INC 10/09/97 804.39 0230324 AQUAGENIX LAND -WATER 10/09/97 190.00 0230325 ALPHA HEALTH SERVICE, INC 10/09/97 1,366.66 0230326 A T & T 10/09/97 138.26 0230327 AMERICAN SOCIETY OF CIVIL 10/09/97 510.00 0230328 ALL RITE WATER CONDITIONING 10/09/97 118.75 0230329 A T & T 10/09/97 14.13 0230330 ALLIED MEDICAL SERVICES 10/09/97 96.12 0230331 ALL COUNTY EQUIPMENT COMPANY 10/09/97 416.04 0230332 AUTO PARTS OF VERO, INC 10/09/97 1,706.23 0230333 ARCH PAGING 10/09/97 405.02 0230334 ACCORD INDUSTRIES 10/09/97 9,830.00 0230335 AMERISYS, INC 10/09/97 950.05 0230336 ARTHUR J GALLAGHER & CO 10/09/97 106,481.00 0230337 ADOLPHE, ROBERT G 10/09/97 623.45 0230338 BAIRD, JOSEPH A 10/09/97 95.34 0230339 BAKER BROTHERS, INC 10/09/97 40.02 0230340 BOARD OF COUNTY COMMISSIONERS 10/09/97 4,194.78 0230341 BENSONS LOCK SERVICE 10/09/97 194.61 0230342 BROOKS, RONALD R 10/09/97 68.55 0230343 BELLSOUTH MOBILITY 10/09/97 71.30 0230344 BARTON, JEFFREY K- CLERK 10/09/97 34,350.69 0230345 BARTON, JEFFREY K -CLERK 10/09/97 2,117.50 0230346 BERGGREN EQUIPMENT CO, INC 10/09/97 2,585.63 0230347 B & B INDUSTRIAL SUPPLY CO. 10/09/97 2,518.15 0230348 BRAD SMITH ASSOCIATES, INC 10/09/97 925.72 0230349 BARTON, JEFFREY K 10/09/97 1,650.00 0230350 BLAIS ELECTRIC, INC 10/09/97 250.12 0230351 BROWN, DONALD JR 10/09/97 2,122.00 0230352 BILLING SERVICE, INC 10/09/97 86.89 0230353 BELLSOUTH DIRECTORY SALES 10/09/97 44.98 0230354 BLAKESLEE MAINTENANCE 10/09/97 100.00 0230355 BAKER & TAYLOR ENTERTAINMENT 10/09/97 532.91 0230356 BET OUTH 10/09/97 1,060.63 0230357 BENNETT, EDWARD J 10/09/97 1,000.00 0230358 BAKER & TAYLOR INC 10/09/97 502.00 0230359 BRUCE, KELLY 10/09/97 36.05 0230360 BLAKESLEE, DEBORAH 10/09/97 17.50 0230361 BRUNO, JOHN I 10/09/97 105.00 0230362 BUTTS COUNTY GENEALOGICAL 10/09/97 30.00 0230363 BROWN, VIRGINIA 10/09/97 100.50 0230364 BRISKIE, RON 10/09/97 21.00 0230365 BEST SUITES OF AMERICA 10/09/97 210.60 0230366 BETS CUTH 10/09/97 101.24 0230367 CAMERON & BARKLEY COMPANY 10/09/97 120.29 0230368 CERTIFIED SLINGS, INC 10/09/97 845.88 0230369 CHANDLER EQUIPMENT CO, INC 10/09/97 166.63 0230370 COMMUNICATIONS INT'L INC 10/09/97 1,005.40 0230371 CONSTRUCTION HYDRAULICS OF L W 10/09/97 234.87 0230372 CLASSIC GROWERS CO, INC 10/09/97 493.75 0230373 CHAMBER OF COMMERCE 10/09/97 22,588.88 0230374 CUTTING EDGE SIGN CO., THE 10/09/97 140.00 0230375 CLARK WATER CONDITIONING 10/09/97 115.67 0230376 COASTAL FUELS MARKETING, INC 10/09/97 14,312.70 0230377 CLINIC PHARMACY 10/09/97 287.46 0230378 COMPUTER & PERIPHERIAL 10/09/97 735.00 0230379 CHASTAIN, JAMES 10/09/97 42.37 0230380 CUSTOM CARRIAGES, INC 10/09/97 673.19 0230381 COMPUTER GATE INTERNATIONAL 10/09/97 46.92 0230382 CROSSROADS ANIMAL HOSPITAL 10/09/97 167.00 0230383 COAST TO COAST JANITOR SVS 10/09/97 1,118.48 0230384 CLIFFORD, MIKE = 10/09/97 150.00 0230385 CORPORATION OF THE PRESIDENT 10/09/97 22.75 0230386 CSR RINKER MATERIALS CORP 10/09/97 - 125.00 0230387 CENTER FOR EMOTIONAL AND- 10/09/97 114.00 0230388 CH2M HILL INC 10/09/97 800.00 0230389 COMMUNITY QUICK MEDICAL CLINIC 10/09/97 68.00 0230390 CONSOLIDATED DATA SYSTEMS INC 10/09/97 22,437.60 0230391 CENTRAL A/C & REFRIG SUPPLY, 10/09/97 335.63 0230392 DAILY COURIER SERVICE 10/09/97 398.00 OCTOBER 21, 1997 '9 COCK NAME COCK CHECK NUMBER DATE AMOUNT 0230393 DELTA SUPPLY CO 10/09/97 1,986.44 0230394 DICKEY SCALES, INC 10/09/97 400.00 0230395 FLORIDA DEPARTMENT OF BUSINESS 10/09/97 87.01 0230396 DOCTOR'S CLINIC 10/09/97 1,802.55 0230397 DIXON, PEGGY C 10/09/97 332.50 0230398 DATA SUPPLIES, INC 10/09/97 1,479.06 0230399 DISCOUNT ADM PARTS 10/09/97 35.82 0230400 DATA FLOW SYSTEMS, INC 10/09/97 1,017.03 0230401 FLORIDA DEPARTMENT OF 10/09/97 500.00 0230402 DOWNTOWN PRODUCE INC 10/09/97 37.80 0230403 DILLARD, CASSIE 10/09/97 36.05 0230404 DOUBLETREE OCEANFRONT HOTEL 10/09/97 65.00 0230405 ELLIS K PHELPS AND CO, INC 10/09/97 189.00 0230406 EBSCO SUBSCRIPTION SERVICES 10/09/97 6,152.20 0230407 EMERGENCY MEDICINE ASSOCIATES 10/09/97 186.00 0230408 EDUCATIONAL DIRECTORIES, INC 10/09/97 164.00 0230409 ELPEX, INC 10/09/97 250.26 0230410 ELLIOTT BUSINESS MACHINES, INC 10/09/97 1,495.00 0230411 ERICSSON, INC 10/09/97 7,805.25 0230412 ENG EHARDT, CHRISSY 10/09/97 34.77 0230413 FEDERAL EXPRESS CORP 10/09/97 58.00 0230414 FINNEY, DONALD G 10/09/97 41.18 0230415 FLORIDA EAST COAST RAILWAY CO 10/09/97 125.59 0230416 FLORIDA BAR 10/09/97 240.00 0230417 F P & L 10/09/97 17,254.77 0230418 FLORIDA RURAL WATER 10/09/97 85.00 0230419 FLORIDA SLUDGE, INC 10/09/97 4,977.00 0230420 FRASER ENGINEERING & TESTING 10/09/97 630.00 0230421 FLORIDA RECREATION & PARK 10/09/97 37.00 0230422 FLOWERS BAKING COMPANY OF 10/09/97 42.21 0230423 FERGUSON ENTERPRISES INC 10/09/97 1,593.13 0230424 FLINN, SHEILA I 10/09/97 28.00 0230425 FLARES, JESSE 10/09/97 96.00 0230426 FLORIDA DETROIT DIESEL -ALLISON 10/09/97 905.27 0230427 FEL SMERE, CITY OF 10/09/97 46.35 0230428 FALZONE, MATTHEW 10/09/97 16.74 0230429 FLORIDA, DESIGN CONTRACTORS 10/09/97 184,420.14 0230430 FLORIDA DATABASE SYSTEMS, INC 10/09/97 1,165.00 0230431 FARMER, MICHAL MARTIN 10/09/97 90.00 0230432 GATOR LUMBER COMPANY 10/09/97 71.16 0230433 GENE'S AUTO CLASS 10/09/97 313.95 0230434 GLISSON & SONS, INC 10/09/97 1,210.00 0230435 GOODKNIGHT LAWN EQUIPMENT, INC 10/09/97 11.70 0230436 GOODYEAR TIRE COMPANY 10/09/97 625.27 0230437 GREYHOUND LINES, INC 10/09/97 483.00 0230438 GEE, DAVID M. 10/09/97 50.00 0230439 GOODYEAR TIRE & RUBBER 10/09/97 3,011.73 0230440 GANGER, CHARISE 10/09/97 34.77 0230441 GRILL REFILL, INC 10/09/97 46.00 0230442 GPSERV, INC 10/09/97 200.00 0230443 GENEALOGICAL CENTER,INC 10/09/97 2,220.50 0230444 G E MOTORS & INDUSTRIAL SYSTEM 10/09/97 1,300.00 0230445 H W WILSON CO 10/09/97 154.00 0230446 HARRIS SANITATION, INC 10/09/97 435.36 0230447 HERE'S FRED GOLF CO, INC 10/09/97 46.15 0230448 HUMANE SOCIETY OF VERO BEACH 10/09/97 14,680.00 0230449 HUNTER AUTO SUPPLIES 10/09/97 244.70 0230450 HELD, PATRICIA BARGO 10/09/97 371.00 0230451 HILL MANUFACTURING 10/09/97 265.18 0230452 HTE, INC 10/09/97 17,070.00 0230453 ROFFMAN, THOMAS MD 10/09/97 500.00 0230454 INSTRUMENTATION SERVICES, INC 10/09/97 2,453.00 0230455 INDIAN RIVER ACO; HARDWARE 10/09/97 25.52 0230456 INDIAN RIVER BATTERY 10/09/97 853.30 0230457 INDIAN RIVER COUNTY UTILITY 10/09/97 1,283.92 0230458 INGRAM 10/09/97 2,550.17 0230459 INDIAN RIVER ANIMAL HOSPITAL 10/09/97 30.00 0230460 INFORMATION ACCESS CO 10/09/97 7,475.00 0230461 INNOVATIVE NETWORK SYSTEMS 10/09/97 451.31 0230462 33MIAN RIVER ALD, -FAB, INC 10/09/97 85.80 0230463 INSIGHT DIRECT, INC 10/09/97 519.16 0230464 IKON OFFICE SOLUTIONS 10/09/97 914.46 0230465 HOMELAND IRRIGATION -IRRIGATION 10/09/97 254.06 0230466 JANIE DEAN CHEVROLET, INC 10/09/97 355.68 0230467 JUDICIAL & ADMINISTRATIVE 10/09/97 371.00 0230468 JUDGE, JAMES A II 10/09/97 66.00 0230469 J R REPORTING ASSOCIATES, INC 10/09/97 225.00 0230470 JELLIS, W DANIEL 10/09/97 256.06 0230471 JONES CHEMICALS, INC 10/09/97 1,200.00 0230472 K MART 10/09/97 74.13 0230473 KELLY-CRESWELL CO INC 10/09/97 240.41 0230474 KING, JOHN W 10/09/97 37.70 0230475 KIRBY AUTO SUPPLY 10/09/97 356.04 0230476 KT MOWER & EQUIPMENT 10/09/97 5.72 OCTOBER 21, 1997 mDK. I j . F'AGE 35 Boil ' SAGE CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0230477 KLINK, RICHARD 10/09/97 880.00 0230478 KYLE'S RUN APARTMENTS 10/09/97 212.50 0230479 KRUGER, INC 10/09/97 610.77 0230480 LAWYERS DIARY & MANUAL 10/09/97 30.00 0230481 LOWE'S HOME CENTERS, INC 10/09/97 17.04 0230482 LEWIS, RUTH A 10/09/97 35.06 0230483 LANDRUM, GREGORY C PSY D 10/09/97 450.00 0230484 LIGHT SOURCE BUSINESS SYSTEMS 10/09/97 56.50 0230485 LESCO, INC 10/09/97 140.45 0230486 LAPSCO INC 10/09/97 47.50 0230487 LUCENT TECHNOLOGIES 10/09/97 67.60 0230488 L B BRYAN & COMPANY 10/09/97 1,263.00 0230489 MAPLE LEAF PROPERTIES 10/09/97 78,750.00 0230490 MAXWELL PLUMBING, INC 10/09/97 514.94 0230491 MCCAIN, WILLIAM F 10/09/97 343.00 0230492 MEEKS PLUMBING 10/09/97 135.00 0230493 MID COAST TIRE SERVICE, INC 10/09/97 62.95 0230494 MIKES GARAGE 10/09/97 533.60 0230495 MOODY TIRE, INC 10/09/97 25.00 0230496 MOSES AUTO PARTS 10/09/97 2.47 0230497 MAa'rF•LLE & MOLER, INC 10/09/97 1,680.00 0230498 MOUTENOT, ANNE 10/09/97 16.24 0230499 M D MOODY & SONS, INC 10/09/97 53.50 0230500 MIDWEST TAPE EXCHANGE 10/09/97 31.90 0230501 M C B COLLECTION SERVICES 10/09/97 55.36 0230502 MAIN STREET HARDWARE, INC 10/09/97 14.12 0230503 MARC INDUSTRIES 10/09/97 693.12 0230504 MCFARLAND & COMPANY, INC 10/09/97 98.70 0230505 MID -FLORIDA FORKLIFT, INC 10/09/97 92.15 0230506 NEWSBANK 10/09/97 1,805.00 0230507 NORTH SOUTH SUPPLY 10/09/97 19.41 0230508 NICOSIA, ROGER J DO 10/09/97 440.00 0230509 NEW HORIZONS OF THE TREASURE 10/09/97 5,391.09 0230510 NTC/CONTEMPORARY` PUBLISHING CO 10/09/97 64.95 0230511 NATIONAL PROPANE CORP 10/09/97 213.38 0230512 N C UTILITY SERVICES 10/09/97 98.50 0230513 OFFICE PRODUCTS & SERVICE 10/09/97 323.02 0230514 OSBORN, MERLE RN 10/09/97 69.00 0230515 OFFICE DEPOT, INC 10/09/97 490.12 0230516 ORLANDO NORTH HILTON & TOWERS 10/09/97 73.00 0230517 OSCEOLA PHARMACY 10/09/97 193.60 0230518 PERKINS INDIAN RIVER PHARMACY 10/09/97 105.63 0230519 PETTY CASH 10/09/97 70.73 0230520 PHYSICIANS DESK REFERENCE 10/09/97 69.95 0230521 POSTMASTER 10/09/97 104.00 0230522 PROCTOR CONSTRUCTION 10/09/97 500.00 0230523 PINKERTON, DOREEN A 10/09/97 13.92 0230524 PRESS JOURNAL 10/09/97 127.60 0230525 POSTMASTER 10/09/91 128.00 0230526 PROFESSIONAL COMPUTER SERVICES 10/09/97 295.00 0230527 PRECISION CONTRACTING 10/09/97 150.00 0230528 POST, LAURA M 10/09/97 1,960.00 0230529 PANGBURN, TERRI 10/09/97 20.00 0230530 PRESS JOURNAL - SUBSCRIPTION 10/09/97 224.00 0230531 QUALITY BOOKS, INC 10/09/97 62.91 0230532 RADIO SHACK ACCT RECEIVABLE 10/09/97 55.96 0230533 BAITA, SAMANTHA 10/09/97 27.01 0230534 RUBBER STAMP EXPRESS 10/09/97 8.10 0230535 RADKE, PETER 10/09/97 162.68 0230536 ROY CLARK 10/09/97 1,150.00 0230537 RILEY, SCOTT 10/09/97 5.00 0230538 SAFETY KLEEN CORP 10/09/97 162.00 0230539 SCOTT'S SPORTING GOODS 10/09/97 479.60 0230540 SEBASTIAN BUSINESS SUPPLY, INC 10/09/97 88.79 0230541 SEWELL HARDWARE CO, INC 10/09/97 814.75 0230542 SOUTHERN EAGLE DISTRIBUTING, 10/09/97 415.90 0230543 SOUTHERN ELECTRIC SUPPLY 10/09/97 113.27 0230544 SOUTHERN TRUCK EQUIPMENT 10/09/97 215.65 0230545 STURGIS LUMBER & PLYWOOD CO 10/09/97 8.77 0230546 SUNSHINE PHYSICAL THERAPY 10%09/97 75.00 0230547 ST LUCIE PAPER & PACKAGING,INC 10/09/97 311.60 0230548 SIGNS IN A DAY 10/09/97 70.00 0230549 SOUTHERN JANITOR SUPPLY 10/09/97 78.98 0230550 SEBASTIAN ANIMAL HOSPITAL 10/09/97 30.00 0230551 SLEZAK, ROB 10/09/97 50.00 0230552 SHEPARD'S - 10/09j97 304.10 0230553 SUBSTANCE ABUSE COUNCIL = 10/09/97 _8,668.45 0230554 SOFTHAUS COMPUTER CEN'TER.,tMC 10/09/97 3,572.00 0230555 SOLININEF•T 10/09/97 317.96 0230556 SUPERIOR PRINTING 10/09/97 2,311.60 0230557 SYSCO FOOD SERVICE 10/09/97 281.62 0230558 SEBASTIAN POLICE DEPARTMENT 10/09/97 25.00 0230559 SOUTHEAST LIBRARY BINDERY,INC 10/09/97 128.45 0230560 STIMSONITE CORP 10/09/97 17,512.00 OCTOBER 21, 1997 CHECK NAME CHECK CHECK NUMBER DATE AMOUNI 0230561 SHELLY TRACTOR & EQUIPMENT CO 10/09/97 269.30 0230562 SUDDEN IMAGES 10/09/97 34.89 0230563 SOUTHERN SECURITY SYSTEMS OF 10/09/97 110.00 0230564 SHORE -LINE CARPET SUPPLIES OF 10/09/97 73.16 0230565 SUPERINTENDENT OF DOCUMENTS 10/09/97 607.00 0230566 TRODGLEN PAVING, INC 10/09/97 75.00 0230567 TREASURE COAST REFUSE CORP 10/09/97 68.90 0230568 TREASURE COAST DATA PROCESSING 10/09/97 255.00 0230569 TREASURE COAST CONTRACTING,INC 10/09/97 53,343.35 0230570 TECHNOLOGY PARTNERS 10/09/97 555.99 0230571 T F REARDON & ASSOCIATES 10/09/97 238.00 0230572 TRUGREEN CHEMLFiWN 10/09/97 20.00 0230573 TARGET STORE T-1050 10/09/97 171.90 0230574 TAMPA MARRIOTT WESTSHORE HOTEL 10/09/97 200.00 0230575 UNIVERSITY PRODUCTS, INC 10/09/97 18.55 0230576 US FILTER DISTRIBUTION GROUP 10/09/97 4,613.98 0230577 UMI 10/09/97 847.89 0230578 VELDE FORD, INC 10/09/97 907.84 0230579 VERO BEACH, CITY OF 10/09/97 318.95 0230580 VERO BEACH, CITY OF 10/09/97 26,922.50 0230581 VERO CHEMICAL DISTRIBUTORS,INC 10/09/97 1,425.98 0230582 VERO LAWNMOWER CENTER, INC 10/09/97 132.50 0230583 VIRGILS RADIATOR WORKS 10/09/97 830.00 0230584 VERO BEACH, CITY OF 10/09/97 1,621.54 0230585 VERO FURNITURE MART, INC 10/09/97 3,000.00 0230586 VERO BEACH POLICE DEPARTMENT 10/09/97 25.00 0230587 VERO BEARING & BOLT 10/09/97 426.63 0230588 VERO BEACH POWERTRAIN 10/09/97 223.61 0230589 VOLUNTEER ACTION COMMITTEE 10/09/97 25.00 0230590 VESCO INC 10/09/97 82.90 0230591 VACARRO, MARGARET 10/09/97 500.00 0230592 WAL-MART STORES, INC 10/09/97 1,389.11 0230593 WALGREENS PHARMACY #03608 10/09/97 415.54 0230594 WEST PUBLISHING PAYMENT CTR 10/09/97 1,744.35 0230595 WOODY'S PAPER & PRINT 10/09/97 58.00 0230596 WW GRAINGER, INC 10/09/97 77.56 0230597 WINN DIXIE STORES, INC 10/09/97 606.14 0230598 WAL-MART STORES, INC 10/09/97 278.93 0230599 WIGINTON FIRE SPRINKLERS,INC 10/09/97 16,000.00 0230600 WAL-MART PHARMACY, INC 10/09/97 13.84 0230601 WILLHOFF, PATSY 10/09/97 130.00 0230602 WALKER, EDNA 10/09/97 100.50 0230603 WM THIES & SONS, INC 10/09/97 107.60 0230604 WATERS RISK MANAGEMENT 10/09/97 7,000.00 0230605 WHEELER., GARY SHERIFF 10/09/97 6,743.23 0230606 WORDPERFECT MAGAZINE 10/09/97 27.97 0230607 WOLFE, MEGAN 10/09/97 10.30 0230608 WALGREENS PHARMACY 10/09/97 90.00 0230609 WRAP N' SHIP 10/09/97 40.45 0230610 WBBE-FM 10/09/97 50.00 0230611 WORLD ALMANAC EDUCATION 10/09/97 7.87 0230612 WOLFE, ERIN 10/09/97 33.48 0230613 WALTERS, KEVIN J & GRACE M 10/09/97 6.13 0230614 WHITEHURST, GEORGE 10/09/97 24.00 0230615 YAVORSKY'S TRUCK SERVICE,INC 10/09/97 155.48 0230616 ZINAT, KARL 10/09/97 50.85 0230617 NATURAL SPRING 10/09/97 35.35 0230618 ZANCA, LEONARD 10/09/97 115.50 0230619 GRIFFIN, BRIAN & JOSEE 10/09/97 52.50 0230620 RAMIREZ, EDDIE 10/09/97 105.12 0230621 MINIX, KATHLEEN 10/09/97 52.51 0230622 GAGEL, WALTON C 10/09/97 54.20 0230623 SHAVER, JASON & MICHELLE 10/09/97 52.53 OCTOBER 21, 1997 826,448.47 BUCK 1 PAGE 17 80OF 103 PAGE 7-C. RELEASE OF EASEMENT - WINDSOR PROPERTIES, ING -LOT], BLOCK 26, WINDSOR SUBDIVISION, PLAT 9 The Board reviewed a Memorandum of October 9, 1997: TO: James E. Chandler County AdmWstrator D TMENr HEADCONCURRENCE: o M. Keating, AIq Community Development Directo THROUGH: Roland M. DeBlois, AICP Chief; Environmental Planning & Code Enfo FROM: Charles W. HeathC Code Enforcemem Offices DATE: October 9, 1997 SUBJECT: Release of Easement Request by Windsor Properties: Lot 1, Block 26, Windsor Subdivision Plat 9 It is requested that data ham piesemod be given formal comsideiation by the Board of County Commissioners at its regular meeting of October 21, 1997. DESCRIPTION AND CONDITIONS The County has been petitioned by Windsor Properties, Inc., owners of the subject property at 10707 Charleston Drive, for the release of a portion of an 88 square foot utility easement at the southeast comer of the property. The purpose of the request is to accommodate a proposed residence's roof overhang that would otherwise encroach into the easement contrary to county land development regulation requirements. ANALYSIS The request has been reviewed by Bell South Communications, Florida Power & Light Corporation, T.C.I. Cable Corporation, the Indian River County Utilities Department, and the Road & Bridge and Engineering Divisions. Based upon their reviews, it is staffs position that the easanent release would have no adverse impact to utilities being supplied to the subjed property. Moreover, the easement release will allow for a roof overhang design associated with a proposed residence. RECOMMENDATION Staffrecommends that the Board, through the adoption of the attached resolution, release the north half of an 88 square foot utility easement at the southeast comer of Lot 1, Block 26, Windsor Subdivision Plat 9, as more particularly described in the resolution. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously adopted Resolution 97-126 abandoning a portion of a utility easement on Lot 1, Block 26, Windsor Subdivision, Plat 9, according to the Plat thereof as recorded in Plat Book 14, Page 80B of the Public Records of Indian River County, Florida. OCTOBER 21, 1997 8 IN THE RECORDS OF JEFFREY K. BARTON V CLERK CIRCUITCO'.IRI 0 INDIAN RIVER CO., FLA. RESOLUTION NO. 97-126 DOCUMENTARY STAMPS DEED:. 7 D NOTE $ JEFFREY K. RARMN, CLERK INDIAN RIVER COUNTY A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING A PORTION OF A UTILITY EASEMENT ON LOT 1, BLOCK 26, WINDSOR SUBDIVISION, PLAT 9, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE SOB OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has an easement as described below; and WHEREAS, the retention of a portion of said easement serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Windsor Properties Incorporated, successors in interest, heirs and assigns, whose trailing address is 3125 Windsor Boulevard, Vero Beach, Florida 32963, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easement: a 44 square foot portion of an 88 square foot utility easement on Lot 1, Block 26, Windsor Subdivision Plat 9, more particularly described as the north one-half of the south 11 feet of the east 8 feet of said Lot 1, according to the plat thereof recorded in Plat Book 14, Page BOB of the Public Records of Indian River County, Florida. �.1 Tax Parcel Number. 15-31-39-00000-0020-00001.0 THIS RESOLUTION was moved for adoption by Commissioner _ Ci nn seconded by Commissioner Ti ppi n , and adopted on the 21st day of October, 1997, by the following vote: Commissioner Carolyn K. Eggert dye Commissioner John W. Tippin Aye Commissioner Fran B. Adams Ave Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye The Chairman declared the resolution duly passed and adopted this 21 st day of October, 1997. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Atte OCTOBER 21, 1997 to 0 C-: N ca 0 0 O L- RESOLUTION NO. 97-126 STATE OF FLORIDA COUNTY OF INDIAN RIVER RUO lJ PAGE® The foregoi i ument was acknowledged before me this r'N,L:L day of , 1997, by CAROLYN K. EGGERT as Chairman of the Board of County Coj�/�Q�issioners of Indian River County, Florida, and by PAT.2:CIA M. ,daeLV , Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. ARY PUBLIC Printed Name: Commission No.: AM Commission Expiration: PATWA L JONES M I CC4M12 MVM 7.D. INDIANRIVER MEDICAL CENTER - REQUEST FOR SITE PLANEXTENSION FOR ADDITION TO EXISTING MEDICAL CENTER The Board reviewed a Memorandum of October 14, 1997: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: Lld �J,, E � m/, � 9/�� Robert M. Keating, Al Community Developm Dir . 4, THROUGH: Stan BolingA CP Planning Director FROM: Eric Blado Staff Planner, Current Development DATE: October 14, 1997 SUBJECT: Indian River Medical Center's Request for Site Plan Extension for an Addition to an Existing Medical Center [SP-MA-96-12-49/IRC #96040135-002] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 1997. DESCRIPTION AND CONDPITONS• On October 10, 1996, the Planning and Zoning Commission granted major site plan approval (with conditions) to construct a 162,293 square foot building addition to the existing Indian River Medical Center located at 777 37th Street. The current expiration date of the site plan approval is October 10, 1997. Prior to the October 10th deadline, the project applicant filed a request to extend the site plan approval expiration date. Pursuant to site plan regulations, the request is considered timely and may now be considered by the Board of County Commissioners. ANALYSIS• - Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the subject project are not significant enough to require any revisions or redesign of the project. All TRC staff members have recently approved the applicant's request for site plan extension. OCTOBER 21, 1997 10 As allowed under provisions of the IDRs, the applicant's request is being handled as a full one year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan substantially conforms to existing IDR requirements. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request submitted by the Indian River Medical Center for a one year extension of the conditional site plan approval, with all original site plan approval conditions to remain in effect. The new site plan approval expiration date will be October 10, 1998. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the request by Indian River Medical Center for a one-year extension of the conditional site plan approval, with all original site plan approval conditions to remain in effect, with the new site plan approval expiration date of October 10, 1998, as recommended by staff. 7.E. TRAFFIC CONTROL DEVICE LEDGER The Board reviewed a Memorandum of October 10, 1997: maasamaamamaaaaaaaaaaamaamaaamoamamaaamaaaaaaamaamaamaaaaaaaaaaaa TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Christopher R. Mora, Pf.rG�' County Traffic Engineer SUBJECT: Traffic Control Device Ledger DATE: October 10, 1997 CONSENT AGENDA aaaaaaaaamaaaaamaaaaaamaaaamaaaaaaaaaaaaaaaaaaaaaaaaammnaaaa DESCRIPTION AND CONDITIONS The Public Works Director is to provide a Traffic Control Device Ledger update for ratification by the Board of County Commissioners as specified by Section 312.18 of Indian River County Code. RECOMdMMATIONS & FUNDING It is recommended that this ledger update be approved. There is no funding impact generated by this action. OCTOBER 21, 1997 11 moKi 'AGF ,, Bo 103 PAS ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously adopted Resolution 97-127 approving Traffic Control Devices Authorized by the Director of Public Works. RESOLUTION NO. 97-127 A RESOLUTION OF THE BOARD OF COUNTY CO)QaSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS. WHEREAS, the Board of County Commissioners has directed the director of public works to maintain a ledger reflecting the traffic control devices in the unincorporated area (Section 312.18, Indian River County Code); and WHEREAS, the code requires this ledger to be presented to the Board of County Commissioners for approval; and WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners hereby accepts and approves the traffic control device ledger which is Exhibit "A" to this resolution. The resolution was moved to adoption by Commissioner Ginn and the motion was seconded by Commissioner Tippin and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent Commissioner Carolyn Ginn Aye Commissioner Fran Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of October , 1997. Attest: Jeffrpy�C. s on, Clerk i OCTOBER 21, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B Carolyn Eggert Chairman 12 Indian River County Administration jApp-v4edDate BudgetLegald�tr i Risk Managemeat /0 /Y Public Works / '1 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DMSION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 UPDATE TABLE OF CONTENTS I. Trac Signals .............................. Page 1 11. Flashing Beacons ........................... Page 4 III. "20 M.P.H." School Flashing Beacons ............. Page 5 IV. Sid Limit Zones ........................... Page 6 V. School Speed Limit Zones ..................... Page 10 OCTOBER 21, 1997 EXHIBIT "A" 13 FL)OK ' UJ5 [AGE .93 BOOP ,0-71.F'},G'F INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED By INDIAN RIVER COUNTY OCTOBER, 1997 L TRAFFIC SIGNALS 1. 4th Street and 27th Avenue 2. 4th Street and Old Dixie Highway * 3. 5th Street SW and 20th Avenue 4. 4th Street and U.S. 1 S. 8th Street and 6th Avenue 6. 8th Street and 20th Avenue 7. 8th Street and 27th Avenue 8. 8th Street and 43rd Avenue 9. 8th Street and Old Dixie Highway 10. 8th Street and U.S. 1 11. 12th Street and 6th Avenue 12. 12th Street and 20th Avenue 13. 12th Street and 27th Avenue 14. 12th Street and 43rd Avenue 15. 12th Street and Commerce Avenue 16. 12th Street and Indian River Boulevard 17. 12th Street and Old Dixie Highway 18. 12th Street and U.S. 1 19. 15th Place and U.S. 1 20. 16th Street and 14th Avenue 21. 16th Street and 17th Avenue 22. 16th Street and 20th Avenue 23. 16th Street and 27th Avenue 24. 16th Street and 43rd Avenue 25. 16th Street and Old Dixie Highway 26. 17th Street and 6th Avenue 27. 17th Street and 10th Avenue 28. 17th Street/Causeway Boulevard and SR A -1-A 29. 17th Street and Indian River Boulevard 30. 17th Street and U.S. 1 31. 19th Place and 20th Avenue 32. 20th Place and 6th Avenue 33. 21st Street and 6th Avenue 34. 21st Street and 14th Avenue * New Signal Page 1 OCTOBER 21, 1997 14 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED By INDIAN RIVER COUNTY OCTOBER, 1997 L TRAFFIC SIGNALS (continued 35. 21st Street and Indian River Boulevard 36. 23rd Street and 14th Avenue 37. 23rd Street and U.S. 1 38. 26th Street and 43rd Avenue 39. 26th Street and St. Lucie Avenue 40. 26th Street and U.S.1 ' 41. 32nd Street/Aviation Boulevard and U.S.1 42. 37th Street and 10th Court 43. 37th Street and Indian River Boulevard 44. 37th Street and U.S. 1 45. 38th Lane/Old Dime Highway and U.S.1 46. 41st Street and 43rd Avenue 47. 45th Street and 43rd Avenue 48. 45th Street and U.S. 1 49. CR 510 and 66th Avenue 50. CR 510 and AlA 51. CR 510 and CR 512 52. CR 510 and U.S. 1 53. CR 512 and Barber Street 54. CR 512 and Delaware Avenue 55. CR 512 and Easy Street 56. CR 512 and Fleming Street 57. CR 512 and Roseland Road 58. CR 512 and U.S. 1 59. Highland Drive and U.S. 1 60. Jackson Street and U.S. 1, Sebastian 61. Main Street and U.S. 1, Sebastian 62. Oslo Road and 20th Avenue 63. Oslo Road and 27th Avenue 64. Oslo Road and Old Dbde Highway 65. Oslo Road and U.S. 1 66. Roseland Road and U.S. 1 67. Royal Palm Place/Boulevard and Indian River Boulevard/SR 60 * New Signal Page 2 OCTOBER 21, 1997 15 PUCK U j L INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 L_ TRAF IC SIGNALS(continued 68. Schumann Drive and U.S. 1, Sebastian 69. Sebastian High School (North Intersection) and CR 510 70. Sebastian High School (South Intersection) and CR 510 71. SR 60/20th Street and 6th Avenue 72. SR 60 and 27th Avenue 73. SR 60 Westbound/20th Place and 11th Avenue 74. SR 60 Eastbound/19th Place and 14th Avenue 75. SR 60 Westbound/20th Street and 14th Avenue 76. SR 60/20th Street and 20th Avenue 77. SR 60/20th Street and 27th Avenue 78. SR 60 and 43rd Avenue 79. SR 60 and 58th Avenue 80. SR 60 and Indian River Mall 81. SR 60 and 66th Avenue 82. SR 60 and 82nd Avenue 83. SR 60 and 90th Avenue 84. SR 60 Eastbound/20th Street and Commerce Avenue 85. SR 60 Westbound/20th Place and Commerce Avenue 86. SR 60/20th Street and Indian River Boulevard 87. SR 60/Merrill Barber Bridge and Indian River Boulevard 88. SR 60Beachland Boulevard and SR A -1-A 89. SR 60Beachland Boulevard and Mockingbird Drive * 90. SR 60Beachland Boulevard and Riverside Park Drive 91. SR 60Beachland Boulevard and Ocean Drive 92. SR 60 Eastbound/20th Street and U.S. 1 93. SR 60 Westbound/20th Place and U.S. 1 94. U.S. 1/21st Street and 11th Avenue TRAFFIC SIGNALS UNDER DESIGN OR CONSTRUCTION 95. 4th Street and 20th Avenue 96. 4th Street and 43rd Avenue * New Signal Page 3 OCTOBER 21, 1997 16 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 IL FLASHING_ BEACONS * 1. 26th Street and 66th Avenue Standard Beacon 2. 41st Street and 58th Avenue Standard Beacon 3. 41st Street and 66th Avenue Standard Beacon 4. 45th Street and 58th Avenue Standard Beacon 5. 45th Street and Old Dbde Highway Two Way Red Beacon 6. 87th Street and U.S. 1 Standard Beacon 7. CR 510 and 58th Avenue One Way Red Beacon 8. CR 510 and 64th Avenue Standard Beacon 9. CR 510 at Curve Warning Beacon 10. CR 512 and CR 507 Standard Beacon 11. CR 510 and Old Dile Highway Standard Beacon 12. CR 512 and Cypress Street Standard Beacon 13. Highland Drive and 6th Avenue SW Standard Beacon 14. Highland Drive and Old Dbde Highway Four Way Red Beacon 15. Miracle Mile and U.S. 1 at Curve Warning Beacon 16. Oslo Road and 43rd Avenue Four Way Red Beacon 17. Oslo Road and 58th Avenue Standard Beacon 18. Oslo Road and 74th Avenue Standard Beacon 19. Oslo Road and 82nd Avenue Standard Beacon 20. St. Edwards School and SR A -1-A Standard Beacon 21. South Carolina and CR 507 One Way Red Beacon * New Beacon Page 4 OCTOBER 21, 1997 17 PIMFaGE `;7 F�1QK ii J F'AGF @j INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 III. "20 M PA.7 SCHOOL FLASHING BEACONS 1. Citrus Elementary School on 4th Street 2. Citrus Elementary School on 27th Avenue 3. Dodgertown Elementary School on 43rd Avenue 4. Fellsmere Elementary School on CR 512 S. Glendale Elementary School on 8th Street 6. Highlands Elementary School on 6th Avenue SW 7. Gifford Middle School on 45th Street 8. Osceola Magnet School on 6th Avenue 9. Oslo Middle School on 20th Avenue SW 10. Rosewood Elementary School on 16th Street 11. Sebastian Elementary School on CR 512 12. Sebastian Middle School on CR 512 13. Thompson Elementary School on 18th Avenue SW 14. Vero Beach Elementary School on 12th Street OCTOBER 21, 1997 Page 5 18 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 IV SPEED LIIVIIT ZONES ON COLI F.[-TMARTERIAL ROADWAYS ROADWAY FROM TO SPEED I,ByIITp$1 Oslo Road Indian River U.S. 1 35 Oslo Road U.S. 1 58th Avenue 45 Oslo Road 58th Avenue 82nd Avenue 55 Oslo Road 82nd Avenue West to End 35 5th Street SW 43rd Avenue 27th Avenue 30 * 5th Street SW 27th Avenue 20th Avenue 35 1st Street SW 43rd Avenue 27th Avenue 35 1st Street SW 58th Avenue 66th Avenue 45 1st Street U.S. 1 Old Dixie Highway 35 2nd Street 20th Avenue Old Dixie Highway 30 4th Street U.S. 1 43rd Avenue 35 4th Street 43rd Avenue 58th Avenue 45 4th Street 58th Avenue 74th Avenue 35 8th Street I.R. Blvd Old Dixie Highway 30 8th Street Old Dixie Hwy 27th Avenue 40 8th Street 27th Avenue 90th Avenue 45 12th Street I.R. Blvd 6th Avenue 30 12th Street 6th Avenue U.S.1 30 12th Street U.S. 1 Old Dixie Hwy 30 12th Street Old Dixie Hwy 20th Avenue 35 12th Street 20th Avenue 43rd Avenue 35 12th Street 43rd Avenue 58th Avenue 40 12th Street 58th Avenue 66th Avenue 35 * New Speed Zone Page 6 OCTOBER 21, 1997 19 800K PAGE o POOK ,..j.;j PAGE: INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 IV SPEED LDVIIT ZONES ON COLLECTOR/ARTERL&.L ROADWAYS (continued ROADWAY FROM TO SPEED 1IlN1T(M_P.H.) 16th Street I.R. Blvd U.S. 1 45 16th Street U.S. 1 20th Avenue 30 16th Street 20th Avenue 58th Avenue 30 26th Street 43rd Avenue 58th Avenue 35 26th Street 58th Avenue 66th Avenue 40 33rd Street 58th Avenue 66th Avenue 40 37th Street I.R. Blvd U.S. 1 35 41st Street U.S. 1 66th Avenue 35 45th Street U.S.1 43rd Avenue 35 45th Street 43rd Avenue 66th Avenue 45 49th Street U.S. 1 33rd Avenue 30 49th Street 33rd Avenue 58th Avenue 45 65th Street U.S. 1 Old Dixie Highway 40 65th Street Old Dixie Hwy 66th Avenue 45 69th Street Indian River Old Dixie Highway 35 69th Street Old Dixie Hwy 82nd Avenue 45 73rd Street U.S. 1 Cemetery Road 35 77th Street U.S. 1 74th Avenue 45 OCTOBER 21, 1997 Page 7 20 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 IV SPEED LIMIT ZONES ONCOLLEM— ARTERIAL ROADWAYS (continued ROADWAY FROM TO SPS LMT(Mp.H.) CR 510 SR A -1-A U.S. 1 40 CR 510 U.S. 1 58th Avenue 40 CR 510 58th Avenue 66th Avenue 35 CR 510 66th Avenue 500' E of 90th Avenue 55/45 CR 510 500' E of 90th Ave CR 512 45 CR 512 SR 60 W Fellsmere City Limits 55/45 CR 512 W Fell Cty Lmt E Fellsmere City Limits 30 CR 512 E Fell Cty Lmt W of I-95 55 CR 512 W of I-95 E of I-95 45 CR 512 E of I-95 CR 510 55/45 CR 512 CR 510 Easy Street 45 CR 512 Easy Street Indian River Drive 35 Roseland Road I.R. Drive U.S. 1 30 Roseland Road U.S. 1 125th Place 35 Roseland Road 125th Place CR 512 45 I.R. Boulevard 53rd Street Grand Harbour Blvd 45 I.R. Boulevard Grand Hbr Blvd 37th Street 55 I.R. Boulevard 37th Street U.S. 1 45 6th Avenue U.S.1 21st Street 30 LR. Drive North U.S.1 Sebastian City Limits 30 I.R. Drive Sebastian Cty Lmt South U.S. 1 30 Old Dixie Hwy CR 510 500' North of 45th St 45 Old Dixie Hwy 500' N of 45th St U.S. 1 35 Old Dixie Hwy 20th Street Seminole Avenue 30 Old Dixie Hwy Seminole Avenue South County Line 35 OCTOBER 21, 1997 Page a 21 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 M. SPEED LUffr ZONES ON COLLECTOWARTERIAL ROADWAYS (continued ROADWAY FROM TO SPI ) Lum(M.P.11.) 20th Avenue 17th Street SW Oslo Road 30 20th Avenue Oslo Road 1st Street SW 45 20th Avenue 1st Street SW SR 60 35 * 27th Avenue 14th Street SR 60 35 * 27th Avenue 1st Street SW 14th Street 40 * 27th Avenue N of 17th St SW 1st Street SW 45 * 27th Avenue South County Line North of 17th Street SW 50 43rd Avenue South County Line 13th Street SW 55/45 43rd Avenue 13th Street SW 2700 Block 35 43rd Avenue 2700 Block 4000 Block 45 43rd Avenue 4000 Block 49th Street 35 58th Avenue South County Line Atlantic Boulevard 45 58th Avenue Atlantic Blvd 26th Street 35 58th Avenue 26th Street 45th Street 45 58th Avenue 45th Street 200' South of 75th St 55 58th Avenue 200' S of 75th St 200' South of 81st St 45 58th Avenue 200' S of 81st St CR 510 35 66th Avenue SR 60 33rd Street 35 66th Avenue 33rd Street 45th Street 45 66th Avenue 45th Street 77th Street 55 66th Avenue 77th Street Sebastian City Limits 45 82nd Avenue North of Oslo Rd North of SR 60 55/45 82nd AVenue Oslo Road North of Oslo Road 45 CR 507 CR 512 South Carolina 30 CR 507 South Carolina North County Line 55/45 * New Speed Zone Page 9 OCTOBER 21, 1997 22 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY OCTOBER, 1997 V. SCHOOL SPEED LlWr ZONES SCHOOL LOCATION TYPE A bL HOURS PAL HOURS ELEMENTARY BEACHLAND SR60 BEACHLAND BLVD * 7:45-9:00 235-3:35 CITRUS 4TH STREET * 7:45-9:00 235-335 27111 AVENUE * 7:45-9:00 235-335 DODGERTOWN 43RD AVENUE * 7:45-9:00 235.335 FELLSMERE CR 512 * 7:45-9:00 235-335 GLENDALE 8TH STREET * 7:45-9:00 235-335 HIGHLAND 6TH AVENUE SW * 7:45-9:00 235-335 J.A. THOMPSON 18TH AVENUE SW * 7:45-9:00 235-335 OSCEOLA MAGNET 6TH AVENUE * 7:45.9:00 235-335 PELICAN ISLAND SCHUMANN DRIVE N/A ROSELAND 16TH STREET * 7:45-9:00 235-335 SEBASTIAN CR 512 * 7:45-9:00 235-335 VERO BEACH 12TH STREET * 7:45-9:00 235-335 MIDDLE SCHOOLS OSLO 20TH AVENUE SW * 7:15-8:00 230.3:15 GIFFORD 45TH STREET * 7:25-8:25 230-3:15 SEBASTIAN CR 512 + 6:55-7:55 135-235 OCTOBER 21, 1997 Page 10 23 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED By INDIAN RIVER COUNTY OCTOBER, 1997 V. SCHOOL SPEED LEWT ZONES( continued) SCHOOL LOCATION TYPE A.X HOURS P.M. HOURS HIGH SCHOOL VERO BEACH 16TH STREET N/A FRESHMAN CENTER 19TH STREET N/A SEBASTIAN RIVER CR 510 N/A WABASSO SCHOOL U.S.1 N/A Note: School Speed Zones are approximate school property boundaries. N/A No School Speed Limits + Entrance Warning Beacon * "20 M.P.H." School Speed Limit OCTOBER 21, 1997 Page 11 24 7. F. INDIANRIVER COUA T FAm ASSOCIA LWN. INC FIREFIGHTERS) -1998 COUNTY FAIR The Board reviewed a Memorandum of October 13, 1997: TO: Board of County Commissioners e.. �Q. 4�e, �-, FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Yitunac, County Attorney DATE: October 13, 1997 RE: Fair Association -1998 Indian River County Fair The attached letter from Bruce Barkett explains that under Chapter 616, Florida Statutes, the consent of the County is required for the firefighters to take over the operation of the annual County fair as a fair association. The state also requires that the County formally approve this procedure. Requested Acdon: Request the Board officially approve the firefighters becoming the Indian River County Fair Association in order to run the annual County fair. Commissioner Adams questioned whether the percentages recommended by the State for the mix of firefighters and the general public have been met. County Attorney Vitunac advised that the members of the new association are mostly firemen. When this association is approved by the County Judge, it will have a corporate charter, completely outside of County control, at which time the County Attorney's office will treat the matter at arm's length. Commissioner Adams felt the matter should be tabled for one week in order for staff to report on the percentages and whether or not the State's recommendations had been met. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously agreed to table the matter for 1 week. (CLERK'S NOTE: At the conclusion of Item II.H.5., the Chairman was notified that a representative of the Fair Association was present and called for a motion to re -open Item U. out of order. For purposes of continuity, these minutes are written as items appear on' the Agenda.) OCTOBER 21, 1997 25 EiJuh go E��1GK F'AGr 1.0 ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously agreed to re -open the matter. Fire Lieutenant Toby Turner stated that there are 26 subscribers to the corporation; 16 firemen and 10 from the general public. County Attorney Vitunac advised that the State has approved the Charter. It now just needs Board approval and certification by a Circuit Judge. Commissioner Adams reiterated that it was her understanding that the State wants more of the general public involved and that was her only concern. Lieutenant Turner noted that the County wants an independent board, but if the firefighters decide they are unable or unwilling, some other group could take over. Commissioner Tippin announced that any members of the general public who might be interested in participating should contact the Board. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the firefighters becoming the Indian River County Fair Association in order to run the annual County fair, as recommended by staff, and encouraged the public to notify the Board if they were interested in participating. CLERK'S NOTE: At the conclusion of Item 7.F., the Chairman called for Item 11.11.4. For purposes of continuity, these minutes are written as items appear on the Agenda.) OCTOBER 21, 1997 26 7.G. ZERAN - SW I ST STREET - RIGHT-OF-WAY EXCHANGE The Board reviewed a Memorandum 6f October 10, 1997: TO: Board of County Commissioners 2a. �t • ��'z.. FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: October 10, 1997 RE: County's Right of Way Exchange - Zeran - SW First Street On October 7, 1997, the Board of County Commissioners approved the County's proposed right of way purchase/exchange on SW First Street. In connection with this it is necessary that the Board deed a strip of land to the property owners who are giving us their right of way provided that this exchange is accomplish. Requested Action: Staff recommends the Board authorize the Chairman to sign the attached County Deed to Lothar and Paulette Zeran. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the Deed to Lothar K. Zeran and Paulette L. Zeran, his wife and authorized the Chairman to execute same, as recommended by staff. DEED WILL BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY OCTOBER 21, 1997 27 aUGh ,J 8 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES The Board reviewed a letter of October 15, 1997: JEFFREY K. BARTON Clerk of Circuit Court P. O. Box 1028 Vero Beach, Florida 32961-1028 October 15, 1997 RECEIVED OCT 151997 BOARD OF COUNN COMMISSION The Honorable Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Commissioners: Telephone (561) 770-5185 Pursuant to Section 218.36, Florida Statutes, the Clerk of the Circuit Court, Indian River County, Florida, respectfully submits the Constitutional Officers Financial Report for the fiscal year ending September 30, 1997. My check for $365,343.64 was hand delivered on October 15, 1997. This check represents unexpended funds and excess fees. Sincerely, Jeffrey K. Barton Clerk of Circuit Court OCTOBER 21, 1997 28 INDIAN RIVER COUNTY, FLORIDA $668.935 FINANCIAL AND ADMINISTRATIVE: 5236,980 PERSONAL SERVICES CLERK OF THE CIRCUIT COURT OPERATING EXPENDITURES 513.30 CAPITAL OUTLAY 513.60 STATEMENT OF REVENUES,EXPENDITURES AND $41.327 PERSONAL SERVICES 516.10 OPERATING EXPENDITURES CHANGES IN FUND BALANCES -BUDGET AND ACTUAL CAPITAL OUTLAY 518.60 OTHER GENERAL GOVERNMENT. $360,940 ALL GOVERNMENTAL FUNDS 519.10 OPERATING EXPENDITURES 619.30 CAPITAL OUTLAY FOR THE YEAR ENDED SEPTEMBER 30,1997 DEBT SERVICE PRINCIPAL RETIREMENT INTEREST GENERALFUND VARIANCE REVENUESACCOUNT NUMBER BUDGET ACTUAL FAVORABLE (UNFAVORABLE) RECORDING OF LEGAL INSTRUMENTS COPYING CHARGES 341.10 $186,000 $522,758 $34,758 COUNTY COURT FEES 341.40 341.70 $73,500 5116,400$11Z500 $66.258 512,758 CIRCUIT FEES OTHER CHARGES FOR SERVICES 341.75 349,�� 00 5719,750 $815.996 ($3.940) INTEREST 361.14 51,o40 seo.000 $14.435 $6.435 OTHER REVENUES $ea xa1 $4241 OTHER REVENUES So OTHER REVENUES TOTAL REVENUES EXPENDITURES $668.935 FINANCIAL AND ADMINISTRATIVE: 5236,980 PERSONAL SERVICES 513.10 OPERATING EXPENDITURES 513.30 CAPITAL OUTLAY 513.60 JUDICAL• $41.327 PERSONAL SERVICES 516.10 OPERATING EXPENDITURES 516.30 CAPITAL OUTLAY 518.60 OTHER GENERAL GOVERNMENT. $360,940 PERSONAL SERVICES 519.10 OPERATING EXPENDITURES 619.30 CAPITAL OUTLAY 519.60 DEBT SERVICE PRINCIPAL RETIREMENT INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER(UNDER) EXPENDITURES OTHER FINANCING SOURCES(USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS TRANSFERS TO BOARD OF COUNTY COMMISSIONERS TOTAL OTHER FINANCING SOURCES(USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10!01/98 FUND BALANCES WW97 Florida. do hereby certify OW the d �Y Couid of Indian River County, of all of lel expenses and net income and ing aro true and budget a noesmLmd reports the dme of the fiscal 1p1e7.1997. balances as of �► 30.1997. $1,461,8$4 $1.632.166 $150,s36 5939.488 $668.935 $70.553 5236,980 $162,371 WSOB 595.628 $17,145 S8,484 $1.670,243 $1,626.916 $41.327 $134,717 $120,065 $14.652 $394.976 $360,940 $14.036 $64.500 $53,356 $11,144 $44,690 $44,690 S0 $5.311 $5,310 $1 $3.516,534 $3,301,728 $214.806 (SZ034,664) ($1.669.640) 558$.344 S$o34,884 SZ034,884 5o ($365.344) 0.314) 52.034.894 $1.669,540 ($365.344) so $0 54 `t`w..wry am 2 o Cfrcw cowAm 63-643 1 M P O 32960 FloUnIonNadonallink 49aee0�� 4-97 NO. 0305644 r *****!!*365,343D0LLAW AW 64CF.N P"ME _ T 6'03056440' 1:0670064321:26585010997660' - OCTOBER 21, 1997 �' V'~ 29 t�1 . A 1� County Clerk Jeff Barton presented his 1997 Annual Financial Report and check in the amount of $365,343.64, representing unexpended funds and excess fees. CONSENSUS to accept Clerk Barton's Constitutional Officer's Financial Report for the fiscal year ending September 30, 1997, and check in the amount of $365,343.64 representing unexpended funds and excess fees. 9.A.1 PUBLIC HEARING - ORDINANCE AMENDING ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM CL TO CG FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 82ND AVENUE AND STATE ROAD 60 - NATIONAL OIL & GAS DISTRIBUTERS. INC, PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA oath swho on ays#t he it Prudenthe=t of the Pons -Jou da8y K. KtredHe Hicks Beach in Indian RNer County, Florida: that the attached copy of advert)semernt being in the matter in the Court, was pub- lished in said newspaper In the issues of Un -t S C -II l l Affiant farther says that the said Press Jaimal is a newspaper published at Vero Beach, In said Indian River County, Florida, and #lat the said newspaper has heretofore been cmntirnxxisly published In said Iridian River County, Florida, each daily and has been entered as sem dans mail matter at the post office In Vero Beach, in said Indian River County, 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, tam or � arty cis u nt, rebate, commission or refund for the purpose of securing this adv for publication In said newspaper. p p„ppppppppp`p RZ� * t6,,�� ibed before me this day O D.1 Y:• M'l [OIANSSgUNEXhXES * : IANUAQr U1.1001 Z : C�Np,C(611t191 y9 -''�rYY • �F IIC. SSPe'. Notary Public, State of Florida My Commission Exp. Jan. 01, 2001 Comm. No. CC 611092 Personally Known ❑ or Produced ID ❑ Type of ID Produced OCTOBER 21, 1997 30 NOTICE - PUBLIC HEARING The Board of County Commis- sioners of Indian River County, Florida, will consider the adoption of a county ordinance rezoning land from: CL, limited Commercial District to CG, General Commer. cial District. The subject property is owned by National Oil and Gas Distributers, Inc- The subject prop- erty Is located at the southeast cor- ner of 82nd Avenue and State Road 60, and contains approxi- mately 1.73 acres. The subject' property lies in the southwest sec- tion of Section 1, Township 33S; Range 3BE, lying and being in Indian River County. j A public hearing at which par-, ties 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 Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Tuesday, Octo- ber 21, 1997, at 9:05 a.m. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOM- PANYING ZONING MAP FROM Cl TO CG, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 82ND AVENUE AND NATE ROAD 60, AND DESCRIBED HEREIN, AND PRO- VIDING FOR EFFECTIVE DATE. The proposed ordinance may be Inspected by the -public during reg- ular business hours at the office of the Clerk to the Board of County Commissioners, 1840 25th Street, Vero Beach Florida. For more information, contact Peter Rodke at 567-8000, extension 243. The Board of County Commis- sioners may adopt another zoning district, other than the district requested, provided it is within the some general use category. - Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the county's Ameri- cans with Disabilities Act (ADA) Coordinator at 567-8000 exten- sion 223 at least 48 hours in advance of meeting. Indian River County Board of County Commissioners By. s -Carolyn IL Eggert Chairman Oct. 8;1997 1175356r Jroperty NOTICE - PUBLIC HEARING The Board of County Commis- sioners of Indian River County, Florida, will consider the adoption of a county ordinance rezoning land from: CL, limited Commercial District to CG, General Commer. cial District. The subject property is owned by National Oil and Gas Distributers, Inc- The subject prop- erty Is located at the southeast cor- ner of 82nd Avenue and State Road 60, and contains approxi- mately 1.73 acres. The subject' property lies in the southwest sec- tion of Section 1, Township 33S; Range 3BE, lying and being in Indian River County. j A public hearing at which par-, ties 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 Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Tuesday, Octo- ber 21, 1997, at 9:05 a.m. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOM- PANYING ZONING MAP FROM Cl TO CG, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 82ND AVENUE AND NATE ROAD 60, AND DESCRIBED HEREIN, AND PRO- VIDING FOR EFFECTIVE DATE. The proposed ordinance may be Inspected by the -public during reg- ular business hours at the office of the Clerk to the Board of County Commissioners, 1840 25th Street, Vero Beach Florida. For more information, contact Peter Rodke at 567-8000, extension 243. The Board of County Commis- sioners may adopt another zoning district, other than the district requested, provided it is within the some general use category. - Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the county's Ameri- cans with Disabilities Act (ADA) Coordinator at 567-8000 exten- sion 223 at least 48 hours in advance of meeting. Indian River County Board of County Commissioners By. s -Carolyn IL Eggert Chairman Oct. 8;1997 1175356r The Board reviewed a Memorandum of October 9, 1997: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE Robert M. Keating, CP // Community Development Dfivctor THROUGH: Sasan Roha4 AICP $ . W Chief, Long -Range Planning FROM: Peter J. Radke'� Economic Development Planner, Long -Range Planning DATE: October 9, 1997 RE: NATIONAL OIL AND GAS DISTRIBUTERS, INC.'S REQUEST TO REZONE APPRO3(IMATELY 1.73 ACRES FROM CL TO CG (RZON 97-01-0015) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 1997. This is a request to rezone approximately 1.73 acres from the CL, Limited Commercial, District to the CG, General Commercial, District. Located at the southeast corner of 820d Avenue and SR 60, the subject property is owned by National Oil and Gas Distributers, Inc. The purpose of this request is to secure the necessary zoning to permit a drive-thru restaurant. On September 25, 1997, the Planning and Zoning Commission voted 40 to recommend that the Board of County Commissioners approve this request to rezone the subject property to CG. Currently, the subject property, which is zoned CL, is being used as a gasoline service station and convenience store. Land to the east and south of the subject property, which is predominately wooded and vacant, is also zoned CL. Vaunt land to the north of the subject property, across SR 60, is zoned RM -6, Residential Multiple -Family Residential District (up to 6 units/acre). Ranchland Mobile Home Parr zoned RMH-8, Mobile Home Residential District (up to 8 units/acre), is located to the northwest of the subject property, at the comer of 822d Avenue and SR 60. A gasoline service station and convenience store is located across 82nd Avenue, to the west of the subject property on land zoned CG. That gasoline service station is also equipped to handle large commercial vehicles. The subject property, abutting property to the east and south, and property to the west (across 82nd Avenue) are designated CIL Commercial/ladmtrial, on the future land use map. The C/I designation permits various commercial and industrial zoning districts To the north of the subject Property, across SR 60, land is designated M-1, Medium -Density Residential -1, on the county future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. The subject property is not designated as environmentally important nor environmentally sensitive by the comprehensive plan. No wetlands or native upland plant communities exist on site. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. OCTOBER 21, 1997 31 E0 K J PAi;c ,�►,. BOOK PAG" The site is within the Urban Service Area of the county. Water lines extend to the site from the South County Reverse Osmosis Plant. Wastewater lines extend to the site from the West Regional Wastewater Treatment Plant. The site is bounded on the west by 82nd Avenue. Classified as an urban minor arterial roadway on the future roadway thoroughfare plan map, this segment of 82" Avenue is a two lane road with approximately 80 feet of public Woad right-of-way. No improvements are scheduled for the portion of 821 Avenue between SR 60 and Oslo Road. Although 821 Avenue has been identified as the alignment for the "Citrus I ighway,n that roadway has not yet been programmed for improvements. If built, the Citrus Highway will provide an alternative north/south route for agricultural trucks to and from shipping and processing facilities. As proposed, the Citrus Highway will link citrus groves, packing facilities, and markets in Indian River, St. Lucie, and Martin Counties. The site is bounded on the north by SR 60. Classified as an urban principal arterial roadway on the fimre roadway thoroughfare plan map, this segment of SR 60 is a four lane road with approximately 234 feet of public road right-of-way. The Florida Department of Transportation is currently preparing a program development and environmental study of the portion of SR 60 between 66* Avenue and Interstate 95. This study is the initial phase of expanding that roadway segment from four to six lanes. There are many similarities and some differences between the existing CL zoning district and the proposed CG district. The CL district is intended to serve, and be more compatible with, nearby residential development. Therefore, in terms of permitted uses, the CL district is generally more restrictive. In contrast, the CG district allows somewhat more intense commercial development. The differences between the districts are best illustrated by their purpose statements. These purpose statements are as follows: CL, Limited Commercial District. The CL, limited commercial, district is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. . CG, General Commercial District. The 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. In this section, an analysis of the reasonableness of the application will be presented The analysis will include a description of- concurrency f concurrency of public facilities; ► compatibility with the surrounding area; ► consistency with the comprehensive plan; and ► potential impact on environmental quality. 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. OCTOBER 21, 1997 32 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 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: *1.73 acres 2. Land Use Designation: CA, CommerciaWndustrial 3. Existing Zoning Classification: CL, Limited Commercial 4. Proposed Zoning Classification: CG, General Commercial 5. Most Intense Use under Existing Zoning Classification: *17,300 sq. ft. of Retail Commercial (Shopping Center in the 5th Edition ITE Manual). 6. Most Intense Use under Proposed Zoning Classification: +17,300 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 review because the requested zoning would not increase the use intensity of the site. By changing the zoning of the subject property from CL to CG, some commercial 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 -CL to CG would not create additional impacts on any concurrency facilities. In this case, a detailed concurrency analysis will be done in conjunction with site development That concurrency analysis will address facility service levels and demand. Staffs position is that both the CL and the CG zoning districts are appropriate for most land within the I-95/SR 60 commercial/industrial node. Applying either of those zoning districts to the subject property would result in development compatible with surrounding property. In fact, since adjacent land to the west, across 82od Avenue, is zoned CO, the request is for a continuation of an existing zoning district pattern. The subject property lies within the boundaries of the SR 60 corridor. Therefore, any development of the subject property must meet the requirements of the State Road 60 Corridor 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 that 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 Iand 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 Future Land Use Element Policy 1.15. 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 OCTOBER 21, 1997 33 BOOK -10 J PAGE i. I i BOOK 03 PACE 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. Staffs position is that, since the subject property contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. 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 general commercial uses. The request meets all applicable criteria For those reasons, staff supports the request Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the attached ordinance to rezone the subject property from CL to Co. Director Keating advised the property is located at the southeast corner of SR -60 and 82' Avenue. The use was formerly as a convenience store and gas station which is being renovated to allow a drive-through. The plans meet all requirements of the SR -60 Corridor Plan. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously adopted Ordinance 97-24 amending the zoning ordinance and the accompanying zoning map from CL to CG for the property located at the southeast comer of 82nd Avenue and State Road 60 (National Oil & Gas Distributers, Inc.). OCTOBER 21, 1997 34 ORDINANCE NO. 97- 24 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CL TO CG, FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 82ND AVENUE AND STATE ROAD 60, 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 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: PARCEL 1: THE SOUTH 100 FEET OF THE NORTH 280 FEET OF THE WEST 200 FEET OF THE WEST 10.82 ACRES OF TRACT 12, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 50 FEET THEREOF FOR ROAD RIGHT-OF-WAY. PARCEL 2: THE NORTH 280 FEET OF THE WEST 10.82 ACRES OF TRACT 12, IN SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, AS SAME AS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THE WEST 200 FEET THEREOF AND LESS AND EXCEPT THE NORTH 30 FEET THEREOF FOR DRAINAGE RIGHT-OF-WAY. PARCEL 3: THE NORTH 250 FEET OF THE WEST 150 FEET OF THE WEST 10.82 ACRES OF TRACT 12, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, EXCLUSIVE OF RIGHTS-OF-WAY, INDIAN RIVER FARMS SUBDMSION, PLAT BOOK 2, PAGE 25, OFFICIAL RECORDS BOOK 99, PAGE 21. THIS LEGAL INTENDS TO CONVEY A PARCEL FRONTING 150 FEET ON THE SOUTH SIDE OF STATE ROAD 60, THE SOUTHEAST CORNER OF STATE ROAD 60 AND RANCH ROAD AND 250 FEET ON THE EAST SIDE OF RANCH ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE EAST LINE OF FLORIDA STATE ROAD #S-609 (OTHERWISE KNOWN AS RANCH ROAD) AS PRESENTLY LOCATED AND WHICH POINT IS SOUTH 250 FEET FROM THE SOUTH LINE OF FLORIDA STATE ROAD #60 AS NOW LOCATED AND FOR A FIRST COURSE PROCEED FROM SAID POINT SOF BEGINNING NORTH AND ALONG THE EASTERLY LINE OF THE RIGHT OF WAY OF SAID FLORIDA STATE ROAD NO. #609 A DISTANCE OF 250 TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF FLORIDA STATE ROAD #60; FROM THENCE AND FOR A SECOND COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION PROCEED EASTERLY AND ALONG THE OCTOBER 21, 1997 35 BOOK PAGE.a� Boos 103 PAGE -116 ORDINANCE NO. 97- 24 SOUTHERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD #60 AS PRESENTLY LOCATED A DISTANCE OF 150 FEET AS MEASURED ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF SAID FLORIDA STATE ROAD #60 AS PRESENTLY LOCATED TO A POINT; FROM THENCE AND FORA THIRD COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION PROCEED SOUTHERLY AND PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF SAID FLORIDA STATE ROAD #S-609 (OTHERWISE KNOWN AS RANCH ROAD) A DISTANCE OF 250 FEET TO A POINT; FROM THENCE AND FOR A FOURTH COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION PROCEED WESTERLY AND PARALLEL TO THE SECOND COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO ZIPPY MART, INC. BY DEED DATED APRIL 2, 1980 FROM TRANSIT ACCEPTANCES, INC., AND RECORDED APRIL 16, 1980 IN O.R. BOOK 0601, PAGE 0296 IN THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA. LESS THAT PORTION CONVEYED TO JOSEPH DEMARIO BY DEED DATED JULY 18, 1984 AND RECORDED JULY 23, 1984 IN O.R. BOOK 0690, PAGE 0846 FOR THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA. O.R. BOOK 0690, PAGE 0846: THE NORTH 250 FEET OF THE WEST 150 FEET OF THE WEST 10.82 ACRES OF TRACT 12, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, EXCLUSIVE OF RIGHTS-OF-WAY, INDIAN RIVER FARMS SUBDMSION, PLAT BOOK 2, PAGE 25, OFFICIAL RECORDS BOOK 99, PAGE 21. THIS LEGAL INTENDS TO CONVEY A PARCEL FRONTING 150 FEET ON THE SOUTH SIDE OF STATE ROAD 60 AND RANCH ROAD AND 250 FEET ON THE EAST SIDE OF RANCH ROAD. SAID PARCEL DESCRIPTION SHALL BE FURTHER REFINED TO DESCRIBE 150 FEET x 250 FEET NET OF ANY AND ALL RIGHTS-OF-WAY OR EASEMENTS. ME BEGIN AT A POINT ON THE EAST LINE OF FLORIDA STATE ROAD #S-609 (OTHERWISE KNOWN AS A RANCH ROAD) AS PRESENTLY LOCATED AND WHICH POINT IS SOUTH 250 FEET FROM THE SOUTH LINE OF FLORIDA STATE ROAD #60 AS NOW LOCATED AND FOR A FIRST COURSE PROCEED FROM SAID POINT OF BEGINNING NORTH AND ALONG THE EASTERLY LINE OF THE RIGHT-OF-WAY OF SAID FLORIDA STATE ROAD #S-609 A DISTANCE OF 250 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF FLORIDA STATE ROAD #60; FROM THENCE AND FOR A SECOND COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION PROCEED EASTERLY AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD #60 AS PRESENTLY LOCATED A DISTANCE OF 150 FEET AS MEASURED ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD #60 AS PRESENTLY LOCATED TO A POINT; FROM THENCE AND FOR A THIRD COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION PROCEED SOUTHERLY AND PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD #S-609 (OTHERWISE KNOWN AS RANCH ROAD) A DISTANCE OF 250 FEET TO A POINT; FROM THENCE AND FOR A FOURTH COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION PROCEED WESTERLY AND PARALLEL TO THE SECOND COURSE OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF THE PROPERTY TO BE INCLUDED IN THIS DESCRIPTION Be changed from CL to CG. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. OCTOBER 21, 1997 36 � i r � � r ORDINANCE NO. 97- 24 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21 'day of October, 1997. This ordinance was advertised in the Vero Beach Press -Journal on the 81 day of October, 1997 for a public heating to be held on the 21 " day of October, 1997 at which time it was mnved for adoption by Commissioner Ginn , seconded by Commissioner Ti ppi n and adopted by the following vote: Chairman Carolyn K. Eggert Vice -Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Caroline D. Ginn Commissioner Kenneth R. Macht Indrm ibva Ca Aoor(iveo Date Admin Legal w� Budget Dept. RISK Mgr. This ordinance was filed with the --Ad ta Aye Aye ---Xy- e Absent BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: e,C.. Carolyn .Eggert, C ATTEST BY: �� J Jeffre Bon, Clerk Department of State on the following date: 9.A.2 PUBLIC HEARING - ORDINANCE AMENDING ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM A-1 TO RM -8 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 26TH STREET, BETWEEN 82ND AVENUE AND 74TH AVENUE - KENNEDY GROVES, INC. PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA oath as to he a Undilf'SICITIOd President of � PrOrIty tmialpSOFMOY a ed �l K' Hicks � on in Indian River County, Florida; that the etteCfied d80 pa� Paced at Vero Beach copy Of adtn3rtlsmrnent, a�I�fd in the math of t %_Q <— �ti C_O In the (}(� was pu Oshed In said newspaper In the issuesof F. s AAffiMfur says that the said Press Jwanal Is a newspaper published at Vero Beach, In aid Indian River County, Florida, and that the said newspaper has heretofore been sec,r�slyclasspmuail matter n sWdat Indian � County. �f' eat2t da0y artd has been arK�ed as for a period of one yearn oftios in Vero Beach, in said Indian Rives County, Florida, advertisement; and affiant further se � ececling the 11M publication pr�ea an of adfirm ve aTlo�IfpBfly discount, mate. commisslon Or refund for the purpose ofy this pubCicatlon in said newspaper. „........ �ao`bed before me I. day 61 0.1'9/1 7 ��• •• • •• ` `` * ; my (WASSION EXPIRES lAN0At901,1001t) COMM- NO. CC611092 d �' KIMBERLY ANNE `9�;)_-- OQ Notary Public, State of Florida a.,� C, STAB �.• �y Commission Exp. Jan. 01, 2001 Comm. No. CC 611092 OCTOBER 21, 1997 Personally Known ❑ or Produced ID ❑ Type of ID Produced 37 ff11 BOOKS PAGE -,.1 BOOK 103 PAGE118 NOTICE - PUBLIC HEARING The Board of County Commis- sioners of Indian River County, - Florida, will consider the adoption of a county ordinance rezoning land from: A-1, Agricultural District (up to 1 unit/5 acres) to ' RM -8, Multiple Family Residential District (up to 8 units/acre). The subject property is owned by Kennedy Groves, Inc- The subjed property is located on the south side of 26th Street, between 82nd Avenue and 74th Avenue.. The subject property lies In the northwest section of Sec- tion 01, Township 33S, Range 38L lying and being in Indian River County. A public hearing at which par- ties 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 Commission Chambers of the County Administration Building, located at 1 B40 25th Street, Vero Beach, Florida on Tuesday, Oda ber 21,' 1997, at 9.05 a.m. The proposed ordinance to rezone the subied orooe ty is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOM- PANYING ZONING MAP FROM A-1 TO RM -8, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 26TH STREET, BETWEEN. 82ND AVENUE AND 74TH AVE- NUE, AND DESCRIBED HEREIN„ AND PROVIDING FOR EFFECTIVE DATE. The proposed ordinance may be inspedW bythe public during reg- ular business hours at the office of the Clerk to the Board of County Commissioners, 184.0 25th Street, Vero' Beach, Florida. For more information, contact Peter Rodke at 567-8000, extension 243. The Board of County Commis- sioners may adopt another zoning district, other than the district requested, provided it is within the some general use category. 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 mode, 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 Ameri- cons with Disabilities Ad (ADA) Coordinator at 567-8000 exten- sion 223 at least 48- hours in advance of meeting. Indian River County Board of County Commissioners By: -s-Carolyn K. Eggert, Chairman Oct. 8, 1997 1175183r The Board reviewed a Memorandum of October 6, 1997: TO: James E. Chandler County Administrator D TMENT HEAD CONCURRENCE Robert M- Keating, AI (/ THROUGH: Sasan Rohani, AICP S W. Chief, Long -Range Planning FROM: Peter J. Radke Economic Devel pment Planner, Long -Range Planning DATE: October 6,1997 RE: Kennedy Groves, Inc. Request To Rezone Approximately 10 Acres From A-1 To RM -8 (RZON 97-084117) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 1997. This request is to rezone approximately 10 acres from A-1, Agricultural District (up to 1 unit/5 acres), to RM -8, Multiple -Family Residential District (up to 8 units/acre). Located approximately OCTOBER 21, 1997 38 iff7r,77-73=31--11 NOTICE - PUBLIC HEARING The Board of County Commis- sioners of Indian River County, - Florida, will consider the adoption of a county ordinance rezoning land from: A-1, Agricultural District (up to 1 unit/5 acres) to ' RM -8, Multiple Family Residential District (up to 8 units/acre). The subject property is owned by Kennedy Groves, Inc- The subjed property is located on the south side of 26th Street, between 82nd Avenue and 74th Avenue.. The subject property lies In the northwest section of Sec- tion 01, Township 33S, Range 38L lying and being in Indian River County. A public hearing at which par- ties 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 Commission Chambers of the County Administration Building, located at 1 B40 25th Street, Vero Beach, Florida on Tuesday, Oda ber 21,' 1997, at 9.05 a.m. The proposed ordinance to rezone the subied orooe ty is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOM- PANYING ZONING MAP FROM A-1 TO RM -8, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 26TH STREET, BETWEEN. 82ND AVENUE AND 74TH AVE- NUE, AND DESCRIBED HEREIN„ AND PROVIDING FOR EFFECTIVE DATE. The proposed ordinance may be inspedW bythe public during reg- ular business hours at the office of the Clerk to the Board of County Commissioners, 184.0 25th Street, Vero' Beach, Florida. For more information, contact Peter Rodke at 567-8000, extension 243. The Board of County Commis- sioners may adopt another zoning district, other than the district requested, provided it is within the some general use category. 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 mode, 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 Ameri- cons with Disabilities Ad (ADA) Coordinator at 567-8000 exten- sion 223 at least 48- hours in advance of meeting. Indian River County Board of County Commissioners By: -s-Carolyn K. Eggert, Chairman Oct. 8, 1997 1175183r The Board reviewed a Memorandum of October 6, 1997: TO: James E. Chandler County Administrator D TMENT HEAD CONCURRENCE Robert M- Keating, AI (/ THROUGH: Sasan Rohani, AICP S W. Chief, Long -Range Planning FROM: Peter J. Radke Economic Devel pment Planner, Long -Range Planning DATE: October 6,1997 RE: Kennedy Groves, Inc. Request To Rezone Approximately 10 Acres From A-1 To RM -8 (RZON 97-084117) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 1997. This request is to rezone approximately 10 acres from A-1, Agricultural District (up to 1 unit/5 acres), to RM -8, Multiple -Family Residential District (up to 8 units/acre). Located approximately OCTOBER 21, 1997 38 2,000 feet east of 82m Avenue, the subject property extends along the south side of 261° Street. The purpose of this request is to secure the zoning necessary to develop the site at a higher residential density in order to accommodate expansion of Indian River Estates. On September 11, 1997, 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 RM -8. The subject property, the adjacent property on the west, the property to the north, and the property to the south are zoned A-1. Citrus groves exist on the subject property as well as on land to the west and south of the subject property. Citrus groves also exist to the north of the subject property, across 2e Street. Bordering the subject property on the east is the Indian River Estates development. Zoned RM -8, Multiple -Family Residential District (up to 8 unitslacre), Indian River Estates was approved as a total care facility. The subject property and properties to the south, east, and west are designated M-1, Medium -Density Residential -1, on the county future land use map. The M-1 designation permits residential uses with densities up to 8 unitslacre. To the north of the subject property, land is outside of the Urban Service Area and designated AG -1, Agricultural -1. The AG -1 designation permits agricultural uses and residential uses with densities up to 1 unW5 acres. The subject property is not designated as environmentally important nor environmentally sensitive by the comprehensive plan. No wetlands or native upland plant communities exist on site. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. The site is within the Urban Service Area of the county. Wastewater lines extend to within a quarter mile of the site from the West Regional Wastewater Treatment Plant Potable water lines extend to within a quarter mile of the site from the South County Reverse Osmosis Plant The site is bounded on the north by 261 Street Classified as a collector road on the future roadway thoroughfare plan map, this segment of 261 Street is a two lane unpaved road with approximately 30 feet of public road right-of-way. No improvements are scheduled for this segment of 26th Street. In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: • an analysis of the request's impact on public facilities; • an analysis of the request's consistency with the county's comprehensive plan; • an analysis of the request's compatibility with the surrounding area; and • an analysis of the request's potential impact on environmental quality. 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 (LDRs) 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. OCTOBER 21, 1997 9 BOOK 103 PAGE.19 BOOK 103 PAGE 20 7 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. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned *10.0 acres -- 2. Existing Zoning District: A-1, Agricultural District (up to 1 unit/5 acres) 3. Proposed Zoning District: RM -8, Multiple -Family Residential District (up to 8 units/acre) 4. Most Intense Use of Subject Property Under Existing Zoning District: 2 Single -Family Units 5. Most Intense Use of Subject Property Under Proposed Zoning District: 80 Single -Family Units Transportation As part of the concurrency review process, the applicant has submitted a Traffic Impact Statement (TTS). The county's Traffic Engineering Division has reviewed and approved that TIS. A TIS reports 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 proposed zoning district, and assigns those trips to impacted roads. Impacted roads are defined in section 910.09(4)(b)3 of the county's LDRs as roadway segments which receive five percent (5016) or more of the project traffic or fifty (50) or more project trips, whichever is less. According to the approved TTS, the existing level of service on impacted roadways would not be lowered by the traffic generated by development of 80 single-family units on the subject property. Water With the proposed zoning, the subject property could accommodate 80 residential units, resulting in water consumption at a rate of 80 Equivalent Residential Units (ERU), or 20,000 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. Development on the subject property would be served by the South County Reverse Osmosis Plant which currently has a remg capacity of approximately 1,908,665 gallons/day and can accommodate the additional demand generated by the proposed rezoning. Wastewater Based upon the most intense use allowed under the proposed zoning, development of the property will have a wastewater generation rate of approximately 80 Equivalent Residential Units (ERU), or 20,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. County wastewater service is available to the site from the West Regional Wastewater Treatment Plant, which currently has a remaining ning capacity of more than 161,675 gallons/day and can accommodate the additional wastewater generated by the subject request. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. The county's adopted level of service standard for landfill capacity is 2.37 cubic yards/person/ year. With the county's average of approximately 23 personstunit, an 80 unit residential development would be anticipated to house approximately 184 people (2.3 X 80). For the subject request to meet the county's adopted solid waste level of service standard of 237 cubic yar, is/person/year, the landfill must have enough capacity to accommodate approximately 436 (184 X 2.37) cubic yards/year. A review of the solid waste capacity for the active -segment of the county landfill indicates the availability of more than 842,072 cubic yards. The active segment of the landfill has a 2 year capacity, and the landfill has expansion opacity beyond 2010. Based on the analysis, staff determined that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district OCTOBER 21, 1997 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. Since the site is located within the M-1 Drainage Basin and the Indian River Farms Water Control District (IItFWCD), 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 standards do not apply, since the property does not lie within a floodplain. However, both the on-site retention and discharge standards apply. With the most intense use of this site under the proposed zoning district, the maximum area of impervious surface would be approximately 261,360 square feet, or 6.00 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, would be approximately 299,102 cubic feet. In order to maintain the county's adopted level of service, the applicant would be required to retain approximately 226,512 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is estimated that the pre -development runoff rate is 70.66 cubic feettsecond. Based upon staffs analysis, the drainage level of service standard would be met by limiting off-site discharge to the 11tFWCD's maximum discharge rate of two inches in twenty-four hours, and requiring retention of 226,512 cubic feet of runoff for the most intense use of the property. 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 district indicates that the adopted levels of service would be maintained. Table one illustrates the additional park demand associated with the proposed development of the property and the existing surplus acreage by Park type. Table One: Park Information Park Type LOS (Acres per 1,000 Population Project Demand (Acres) Surplus Acreage Urban Disnrct 5.0 0.92 161A595 Community (sow) 125 0.23 4.666 Beach 1.5 0.276 58.839 River 1-5 0.276 19.834 Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including drainage, roads, solid waste, recreation, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning district. Therefore, the concummcy test has been satisfied for the subject request. 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 are the following objectives and policies. OCTOBER 21, 1997 41 BOOK 103 PAGE --L2. BOOK 1.03PAGE 22 Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern which reduces urban sprawl. By increasing the density of land currently within the urban service area, as opposed to expanding the urban service area, the county can efficiently support growth without creating urban sprawl or sacrificing compactness. For these reasons, the request is consistent with Future Land Use Element Objective 1. Future Land Use Element Policies 1.13 and 1.14 Future Land Use Element Policy 1.14 states that the M-1, Medium -Density Residential -1, land use designation is intended for residential uses with densities up to 8 units/acre. In addition, Future Land Use Element Policy 1.13 states that these residential uses must be located within the urban service area. Since the subject property is located within an area designated as M-1 on the county's future land use plan map and is looted within the county's urban service area, and the proposed zoning district would permit residential uses no greater than the 8 units/acre permitted by the M-1 designation, the proposed request is consistent with Policies 1.13 and 1.14. Future Land Use Element Objective 4 Future Land Use Element Objective 4 states that the county will reduce the number and length of trips on county roads by implementing a land use pattern which places residential areas near commercial and employment areas. The site is located near several employment centers, including the SR 60/1-95 CominercialAndmstrial Node, and the SR 60/58th Avenue Commercial/Industrial Node Those nodes are two of the county's largest employment centers. Most people who work in those nodes live in moderately -priced, low to medium -density housing. The RM -8 zoning district is intended for such uses. Therefore, the proposed rezoning will increase the opportunity for people who work in those nodes to live near their job, thus reducing the length of their trips to and from work. For this reason, the request implements Future Land Use Element Objective 4. Future Land Use Element Policies 2.5 and 4.4 Future Land Use Element Policies 2.5 and 4.4 state that the county will encourage and direct growth into the urban service area and areas near urban centers. Since the proposed rezoning would allow and encourage more development on the subject property, and the subject property is within the urban service area and near an urban center, the request implements Future Land Use Element Policies 2.5 and 4.4. As part of its consistency analysis, staff compared the proposed request to all the objectives and policies in the plan and found no conflicts. Therefore, the request is consistent with the comprehensive plan. Staffs position is that multiple -family residential development is appropriate for the site and that such development would be compatible with surrounding land uses. Multiple -family development is already in that area of the county. With RM -8 zoning existing to the east of the subject property, the proposed zoning for the subject property would be an extension of that zoning district Located near the SR 60/58th Avenue commercial/industrial node and the SR 60/1-95 commerciaUmdustrial node, the subject property is particularly well suited to meet the demand for multiple -family housing generated by development within those nodes. In effect, the proposed rezoning will increase the opportunity for people to live near their place of employment. Under the requested RM -8 zoning district, building coverage for multiple -family development on the site would be restricted to a maximum of 25% of the lot, while a minimum of 30% of the site must be open, or green, space. County LDRs require side yards that are at least 10 feet wide (chapter 911), perimeter landscaping (chapter 926), and landscaping of parking lots and open space (chapter 926). For these reasons, staff feels the requested zoning district would be compatible with adjacent residential development Similarly, incompatibilities between the subject property and adjacent A-1 zoned land are not anticipated. With respect to zoning, the county's policy has always been to retain agricultural zoning on property rather than changing it when the underlying land use designation increases. This not OCTOBER 21, 1997 42 only reflects the county's policy of using agricultural zoning as a "holding° category, but also recognizes that urbanization occurs incrementally with various tracts remaining agricultural for longer periods. Any subdivision or planned development projects -that will be developed on the subject property will have provisions for a special buffer as required in Section 911.04(3) of the county's LDRs. This special buffer will be provided between the proposed residential use and the agricultural operation. Two factors indicate that urban type zoning districts would be appropriate for agriculturally zoned land in this portion of the county. The first factor is the underlying designation on the future land use rasp• This area is within the urban service area and is deemed appropriate for residential development with densities of up to 8 unitstacre. Equally important is the development pattern in that area Located near two C/I nodes, and a regional mall, this area is one of the fastest growing sections of the county. Additionally, this area has convenient access to the county's transportation system. These factors indicate a trend toward continued urbanization in this portion of the county. For these reasons, staff feels that the requested RM -8 zoning would be compatible with development in the surrounding area Being a citrus grove, the site has been cleared. Since it contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. For this reason, no adverse environmental impacts associated with this request are anticipated. Based on the analysis, staff has determined that the requested zoning district is compatible with surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. Most importantly, the subject property is located in an area deemed suited for medium -density multiple - family residential uses. For these reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the attached ordinance to rezone the subject property from A-1 to RM -8. Director Keating explained this is another rezoning for property being purchased by Indian River Estates for expansion of that development. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Attorney Chris Marine of 979 Beachland Boulevard advised he represents Kennedy Groves which has a contract with Indian River Estates to sell the subject property. The northeast 10 acres of the property is being sold to allow an expansion of Indian River Estates' development and the balance of the property will remain in citrus. OCTOBER 21, 1997 43 P BOOK 103 FA E BOOK 10,E PAGE. 11 The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously adopted Ordinance 97-25 amending the zoning ordinance and the accompanying zoning map from A-1 to RM -8 for property located on the south side of 26th Street, between 82nd Avenue and 74th Avenue (Kennedy Groves, Inc.). ORDINANCE NO. 97- 25 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO RM -8, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 26TH STREET, BETWEEN 82ND AVENUE AND 74TH 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 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: THE NORTH 648.48 FEET OF THE EAST 671.72 FEET OF TRACT 3 ALL IN SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 10.0 ACRES, MORE OR LESS. Be changed from A-1 to RM -8. All with the meaning and intent and as set__ forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. OCTOBER 21, 1997 44 ORDINANCE NO. 97- 25 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 211 day of October, 1997. This ordinance was advertised in the Vero Beach Press -Journal on the 81 day of October, 1997 for a public hearing to be held on the 21" day of October, _1997 at which time it was moved for adoption by Commissioner Ti ppi n , seconded by Commissioner Adams and adopted by the following vote: ' Chairman Carolyn K. Eggert Vice -Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn — Commissioner Kenneth R. Macht Absent BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: CarolynyI . Eggert, Ch#jiatt ATTEST BY 1. - - JeBre —Barto \Clerk _ This ordinance was filed with the Department of State on the following date: Q,� _ Qben- 31, 1997 9.A.3 PUBLIC HEARING - ORDINANCE AMENDING ZONING ORDINANCE AND ACCOMPANYING ZONING MAP FROM A-1 TO RS -3 FOR PROPERTY LOCATED AT NORTHWEST CORNER OF 82ND AVENUE AND 8TH STREET - EMILE AND ROSALIE KUESTER (MARY SINCLAIR) OCTOBER 21, 1997 PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA oath say Before Free Prof the oumal, a authority Personally appeared D� K Hicks who on In Irhdian Rvo County, Florida; that the attached copy coffaadr t, er published at Vero Beach a `YLC- � �> In the matter of `l in the Court, was pub- -E in said newspaper In the issues of QL_ F i'' l" t Affiant further says that the said Press,lotunal is a newspaper published at Vero Beach, in said Indian River County. Florida, and that the said newspaper has heretofore been contnucwsiy publiShed In said Indian River County, Florida, each daily end has been entered as secor� dans mail matter at to post office In Vero Beach, in said Indian Rim County, Florida, for a period of one year next preceding the first publication of the attached copy of advortsertent: and affiant further says that he has neither paid nor promised any person, firth advert�nt forte discamt, rebels, cortttrdssbn Or refund for the purpose of seaabhg the publicaticn In said newspaper. ""."rrurr°°rL SOX?` before me Otis`/ day �D.1 .' . lay COdtl0ssl0N fxPltfs (President) 1A WM 01, 2001 * : COU- Nil. CC611092 : o y M R N Notary Public. State of Florida •''6�B��C�Ao`�♦'+ My Commission Exp. Jan. 01, 2001 Comm. No. CC 611092 " Personally Known O or Produced ID 0 Type of ID Produced 45 BOOK 10.3 PAGE -r� BOOK 103 PACE JLA NOTICE - PUBLIC HEARING The Board of County Commis- sioners of • Indian River County, Florida, will consider the adoption of a county ordinance rezoning land from: A-1, Agricultural District (up to 1 unit/5 acres) to RS -3, Single -Family Residential District (up to 3 units/acre). The subject property is owned by Emil E. and Rosalie Kuester. The subject prop- erty is located at the northwest cor. — ner of 82nd Avenue and 8th Street, and contains approximately 8.68 acres. The subject property lies in the southeast section of Section 11, Township 33S, Range 38E, lying and being in Indian River County. A public hearing at which par. ties 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 Commission Chambers of the County Administration Building, located at 1840 25th Street, Vera Beach, Florida on Tuesday, Octo. ber 21, 1997, at 9:05 a.m. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOM. PANYING ZONING MAP FROM 'A-1 TO RS -3, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF 82ND AVENUE AND 8TH STREET, AND DESCRIBED HEREIN, AND PRO- VIDING FOR EFFECTIVE DATE. The proposed ordinance may be Inspected -by -the -public during reg. ular business hours at the office of the Clerk to the Board,of County Commissioners, 1840 25th Street, Vero Beach, Florida. For more information, contact Peter Radke at 567-8000, extension 243. The Board of County Commis. sioners may adopt another zoning district, other than the district requested, provided it is within the some general use category. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which Includes' testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the county's Ameri. cans with Disabilities Act (ADA) Coordinator at 567-8000 exten- sion 223 at least 48 hours: in advance of meeting. 'Indian River County Board of County Commissioner By.s-Carolyn K. Eggert Chairman Oct. 8, 1997 1175208r The Board reviewed a Memorandum of October 3, 1997: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE ex 117. Ilf-_111119-00-16-I&I Robert Ii Keating, AI THROUGH: Sasan Rohani, AICP S Chief, Long -Range Planning FROM: Peter J. Radke -W< . Economic Development Planner, Long -Range Planning DATE: October 3, 1997 RE: Mary W. Sinclair And Others' Request To Rezone Approximately 8.68 Acres From A-1 To RS -3 (RZON 97-08-0002) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 1997. This request is to rezone approximately 8.68 acres from A-1, Agricultural District (up to 1 unit/5 acres), to RS -3, Single -Family Residential District (up to 3 units/acre). Located at the northwest OCTOBER 21, 1997 W. comer of 820d Avenue and 8d' Street, the subject property extends north from 8"' Street along the west side of 82nd Avenue. The purpose of this request is to secure the zoning necessary to develop the site at a higher residential density. On September 11, 1997, 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. The subject property, the property to the south, and the property to the east are zoned A-1. Property to the west of the subject project is zoned RS -1 and A-1. Currently, the subject property is vacant land. To the west of the subject property are single family homes. Single family homes also exist to east of the subject property, across 821 Avenue. Citrus groves exist to the south of the subject property, across 8th Street. The Heritage Village Mobile Home Paris, zoned RMH-8, Mobile Home Residential District (up to 8 units/acre), is to the north of the subject property. The subject property and properties to the north and west are designated M-1, Medium -Density Residential -1, on the county future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. To the south of the subject property, land is designated L-1, Low- Density ow Density Residential -1, on the county future land use map. The L-1 designation permits residential uses with densities up to 3 units/acres. To the east of the of the subject property, land is designated AG -1, Agricultural -1, on the county future land use map. The AG -1 designation permits agricultural uses and residential uses with densities up to 1 unit/5-acres. The subject property is not designated as environmentally important or environmentally sensitive by the comprehensive plan. No wetlands exist on the property. A cursory review of the subject property indicates that native uplands do exist on the property. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. The site is within the Urban Service Area of the county. Wastewater lines extend to the site from the West Regional Wastewater Treatment Plant, while potable water lines extend to the site from the South County Reverse Osmosis Plant The site is bounded on the east by 821 Avenue. Classified as an urban minor arterial roadway on the future roadway thoroughfare plan map, this segment of 82nd Avenue is a two lane road with approximately 80 feet of public road right-of-way. No improvements are scheduled for the portion of 82nd Avenue between SR 60 and Oslo Road The site is bounded on the south by 8th Street Classified as a collector road on the firture roadway thoroughfare plan map, this segment of 8th Street is a two lane road with approximately 50 feet of public road right-of-way. No improvements are scheduled for this segment of 81h Street. In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: • an analysis of the request's impact on public facilities; • an analysis of the request's consistency with the county's comprehensive plan; • an analysis of the request's compatibility with the surrounding area; and • an analysis of the request's potential impact on environmental quality. This site is located within the county Urban Service Area, an arra 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 OCTOBER 21, 1997 47 BOOK 1031 PAGt .�2' BOOK PACE . community. The Comprehensive Plan and Land Development Regulations (LDRs) 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 requires. 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. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. The site information used for the concurrency analysis is as follows: - 1. Size of Area to be Rezoned: ".68 acres 2. Existing Zoning District: A-1, Agricultural District (up to 1 unWS acres) 3. Proposed Zoning District: RS -3, Single -Family Residential District (up to 3 units/acre) 4. Most Intense Use of Subject Property Under Existing Zoning District: 1 Single -Family Unit 5. Most Intense Use of Subject Property Under Proposed Zoning District: 26 Single -Family Units ► Transportation As part of the concurrency review process, the applicant has submitted a Traffic Impact Statement (TIS). The county's Traffic Engineering Division has reviewed and approved that TIS. A TIS reports 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 proposed zoning district, and assigns those trips to impacted roads. Impacted roads are defined in section 910.09(4)(b)3 of the county's LDRs as roadway segments which receive five percent (50/6) or more of the project traffic or fifty (50) or more project trips, whichever is less. According to the approved TIS, the existing level of service on impacted roadways would not be lowered by the traffic generated by development of 26 single-family units on the subject property. Water With the proposed zoning, the subject property could accommodate 26 residential units, resulting in water consumption at a nate of 26 Equivalent Residential Units (ERU), or 6,500 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. Development on the subject property would be served by the South County Reverse Osmosis Plant which currently has a remaining capacity of approximately 1,908,665 gallons/day and can accommodate the additional demand generated by the proposed rezoning. Wastewater Based upon the most intense use allowed under the proposed zoning, development of the property will have a wastewater generation rate of approximately 26 Equivalent Residential Units (ERU), or 6,500 gallonstday. This is based upon the level of service standard of 250 gallons/ERU/day. County wastewater service is available to the site from the West Regional Wastewater Treatment Plant, which currently has a remaining capacity of 161,675 gallonstday and can accommodate the additional wastewater generated by the subject request. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. The county's adopted level of service standard for landfill capacity is 237 cubic yards/person/ year. With the county's average of approximately 23 persons/unit, a 26 unit residential development would be anticipated to house approximately 60 people (2.3 X 26). For the subject request to meet the county's adopted level of service standard of 2.37 cubic yards/person/year, the landfill must have enough capacity to accommodate approximately 142 (60 X 2.37) cubic yardslyear. OCTOBER 21, 1997 48 _ M M A review of the solid waste capacity for the active segment of the county landfill indicates the availability of 842,072 cubic yards. The active segment of the landfill has a 2 year capacity, and the landfill has expansion capacity beyond 2010. Based on the analysis, staff 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. Since the site is located within the M-1 Drainage Basin and 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 standards do not apply, since the property does not lie within a floodplain. However, both the on-site retention and discharge standards apply. With the most intense use of this site under the proposed zoning district, the maximum area of impervious surface would be approximately 226,948 square feet, or 521 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, would be approximately 246,449 cubic feet. In order to maintain the county's adopted level of service, the applicant would be required to retain approximately 183,379 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is estimated that the pre -development runoff rate is 12.10 cubic feet/second. Based upon staffs analysis, the drainage level of service standard would be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours, and requiring retention of 183,379 cubic feet of runoff for the most intense use of the property. As with all development, a more detailed review will be conducted during the development approval per• 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 district indicates that the adopted levels of service would be maintained. Table one illustrates the additional park demand associated with the proposed development of the property and the existing surplus acreage by park type. Table One: Park Information Park Type LOS (Acres per 1,000 Population Project Demand (Acres) Surplus Acreage Urban District 5.0 030 161A595 Park Type LOS (Acres per 1,000 Population Project Demand (Acres) Surplus Acreage Community (south) 1.25 0.075 4.666 Beach 1.5 0.09 58.839 River 13 0.09 19.834 Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including drainage, roads, solid waste, recreation, water, and wastewater have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning districL Therefore, the concurrency test has been satisfied for the subject request 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. OCTOBER 21, 1997 49 600K FArt. �� MOO 103 FxEi3o 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 are the following objectives and policies. Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern which reduces urban sprawl. By increasing the density of land currently within the urban service area, as opposed to expanding the urban service area, the county can efficiently support growth without creating urban sprawl or sacrificing compactness. For these reasons, the request is consistent with Future Land Use Element Objective 1. Future Land Use Element Policy 1.13 Future Land Use Element Policy 1.13 states that the M-1, Medium -Density Residential -1, land use designation is intended for residential uses with densities up to 8 units/acre. In addition, that policy states that these residential uses must be located within the urban service area Since the subject property is located within an area designated as M-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 grater than the 8 units/acre permitted by the M-1 designation, the proposed request is consistent with Policy 1.13. Future Land Use Element Objective 4, Policy 2.5, and Policies 4.1- 4.4. This objective and these policies all involve encouraging and concentrating development within the urban service area. Growth patterns, as well as the comprehensive plan, indicate that the area around the subject property will eventually be dominated by urban uses. By converting the subject property from an agricultural to an urban zoning district, the county would encourage efficient use of land within the urban service area For that reason, the proposed request implements Future Land Use Element Objective 4, Policy 2.5, and Policies 4.1-4.4. As part of its consistency analysis, staff compared the proposed request to all the objectives and policies in the plan and found no conflicts. Therefore, the request is consistent with the comprehensive plan. Staffs 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. Land to the west of the subject property, which is zoned A-1 and RS -1, is used primarily for residential purposes. Additionally, land to east of the subject property, which is zoned A-1, is used partially for residential purposes. For that reason, development under the proposed zoning district will be compatible with those properties. To the north of the property are lands zoned RMH-8. These lands are used for a mobile home park. The proposed zoning for the subject property will act as a transitional zoning district between the RMH-8 zoning district and the A-1 zoning district. Although there are groves south of the site, several factors work to mitigate potential incompatibilities between those properties. The first factor is the 50 feet of physical separation provided by the 8th Street road right-of-way. Additionally, there is a vegetative buffer located south of 8th Street, between the subject property and the grove. With respect to zoning, the county's policy has always been to retain agricultural Zoning on property rather than changing it when the underlying land use designation increases. This not only reflects the county's policy of using agricultural Zoning as a "holding" category, but also recognizes that urbanization occurs incrementally with various tracts remaining agricultural for longer periods. Two factors indicate that urban type zoning districts would be appropriate for this portion of the county. The first factor is the underlying designation on the future land use map. This area is within the urban service area and is deemed appropriate for residential development with densities of up to 8 units/acre, among the highest densities allowed by the plan. _ OCTOBER 21, 1997 50 Elly important is the development pattern in that portion of the county. That portion of the county is located new a large mobile home park and three of the county -s largest and fastest developing commercial/industrial nodes. Additionally, that area has convenient access to the coup Ys transportation system. These factors indicate a trend toward continued urbanisation in that portion of the county. For these reasons, staff feels that the requested RS -3 zoning would be compatible with development in the surrounding area. Although the subject property does not appear to contain wetlands, the site does contains some native uplands. Therefore, the county's 15 percent native upland set-aside requirement (or fee -in - lieu) will apply to site development. In addition, residential development of the property will be subject to a number of environmental requirements, including land clearing and tree removal Permits. No adverse environmental impacts associated with this request are anticipated. Based on the analysis, staff has determined that the -requested zoning district is compatible with surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. Most importantly, the eject property is located in an area deemed suited for low-density single-family residential uses. For these reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board Of County Commissioners approve the attached ordinance to rezone the subject property from A-1 to RS -3. Director Keating stated that the applicant has filed a request to split the property into 2 tracts. P & Z has unanimously recommended approval of the project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board , by a 4-0 vote (Commissioner Macht being absent) unanimously adopted Ordinance 97-26 amending the zoning ordinance and the accompanying zoning map from A-1 to RS -3 for the property located at the northwest corner of 82nd Avenue and 8th Street (Mary W. Sinclair -Emile and Rosalie Kuester). OCTOBER 21, 1997 51� ►� BOOK 103 PAGE �e BOOK 103 PAGE. ' ORDINANCE NO. 97- 26 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 LOCATED AT THE NORTHWEST CORNER OF 82ND AVENUE AND 8TH STREET, 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 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 ofIndian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: THE EAST 10 ACRES OF TRACT 16, SECTION 11, TOWNSHIP 33 SOUTH, RANGE 38 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS- OF-WAY OF RECORD, FOR 8TH STREET (GLENDALE ROAD), AND FOR 82ND AVENUE (RANCH ROAD). 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. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21' day of October, 1997. This ordinance was advertised in the Vero Beach Press -Journal on the Ste day of October, 1997 for a public hearing to be held on the 21 " day of October, 1997 at which time it was moved for adoption by Commissioner Gi nn , seconded by Commissioner Ti ppi n , and adopted by the following vote: OCTOBER 21, 1997 52 _I ORDINANCE NO. 97- 26 Chairman Carolyn K. Eggert Aye Vice -Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: �4� / Z1, e �& Carolyn Td. Eggert, C an ATTEST BY Y - ---= J ffre Mart. This ordinance was filed with the Department of State on the following date: O. ber 31, 1997 9.B.1. PUBLIC DISCUSSION - TAMI BOGART OF DAVE WELDON'S OFFICE Tami Bogart introduced herself and noted that many residents do not realize Congressman Weldon has an office at Room 157 in the Courthouse. Ms. Bogart has worked for the Congressman since August and has staffed the local office since mid-September of this year. The office is open Wednesdays from 9:00 a.m. to 5:00 p.m. and Fridays from 12:00 p.m. to 5:00 p.m. Ms. Bogart stated that she is excited about being in Vero Beach and extended an invitation to residents with any concerns to bring to the Congressman's attention to call her or contact the District office in Melbourne. The local telephone number is 778-3534. OCTOBER 21, 1997 53 BOOK PAGE ..13e" B BOCK .�.� PnE A-1 9.B.2. PUBLIC DISCUSSION - CANGIANELLI CONSTRUCTION'S REQUEST TO USE PARKING LOT AT WABASSO BEACH PARK FOR ACCESS TO BEACH- HERSH, PARVUS, SIMPSON, GLYNN - SUMMERPLACE SEAWALLS The Board reviewed a Memorandum of October 13, 1997: TO: James E. Chandler, PUBLIC DISCUSSION ITEM County Administrator THROUGH: James W. Davis, P. Public Works Director FROM: Jeffrey R. Taber, Coastal Engineer SUBJECT: Request to Use Parking Lot at Wabasso Beach Park for Access to Beach DATE: October 13, 1997 DESCRIPTION AND CONDITIONS On September 1, 1997, a request was submitted to Indian River County to use the northern parking lot of Wabasso Beach Park to gain access to the beach to finish construction of a seawall. The request was made by property owners that are awaiting completion of their seawall by Cangianelli Construction. County staff responded to the request by informing the property owners that the unfortunate circumstances associated with last seasons use of the park find it necessary to look for an alternative access. Staff also requested an on-site meeting with .the property owners and contractor to review the construction of the seawall and determine alternative access locations. ALTERNATIVES AND ANALYSIS During the above meeting, County staff walked the entire site to determine an alternative access. Staff surveyed all areas within the Summerplace Subdivision and the findings are as follows: 1) The number of utilities features such as septic tanks, overhead phone and electric lines, water lines and utility poles prevent access through most properties without difficulty. 2) The separation between homes was measured and ranged between 10' - 40'. The access easements for the subdivision are T wide and would make it difficult to maneuver a 16' wide crane and equipment. 3) Most locations that seemed to have adequate spacing for the equipment consequently had some type of utility obstruction. 4) A vacant lot at the northern end of the subdivision was determined to be a viable . location for access. However, the property owner's agent was contacted and informed County staff that the executor of the property is unwilling to allow access. OCTOBER 21, 1997 54 � s � Besides the above findings, County staff received a letter from William G. Glynn indicating that the Summerplace Improvement Association members located along the shoreline will restrict the use of their private property and will not allow access of the construction equipment. Mr. Glynn gave County staff a recent property survey that shows ownership extending to the mean high water line (MHWL). Therefore, this would make it necessary to transport the equipment seaward of the MH.WL and would require additional and/or modification to the permits. RECOMMENDATIONS AND FUNDING Generally, the applicant is required to provide access through their own property. This guarantees that any dune restoration following construction will be the sole responsibility of the applicant. After reviewing the above findings, under normal circumstances the park would be the most practical and logical access. Unfortunately, past experience has made staff reluctant to recommend access, unless strict conditions are put upon the request as follows: ► The park will be returned to its original condition than before construction. ► A $10,000 cash bond be placed to guarantee that the Park will be restored. Also, this bond may be used anytime by the County to replace or repair damaged items in the Park, resulting from the contractor's activities. ► A fee or rent be charged at $50/day for the use of the park. This fee will be applied during the entire time the park is being used regardless of whether or not the contractor is directly in the parking lot. ► No equipment or materials will be stored on the park site and the park may only be used by the contractor for ingress/egress. ► No Park sand will be used for the construction of an access ramp. ► If at any time, any of the above conditions are not met to County staffs satisfaction, this agreement will be terminated immediately and law enforcement will be notified of trespassing on County property. Duector Davis then showed an aerial photograph locating the seawalls which are still to be completed: Aerial: 8/26/96 OCTOBER 21, 1997 DINNEF HERSH McCOY SIMPSON DING TRIMARC STRAND PARVUS 55 ,. General discussion ensued regarding the $10,000 bond which was deemed sufficient, and the charge of $50 per day. The Board was concerned that the property owners would wind up paying this charge. Director Davis noted that the County is not a party to the contracts between the owners and Cangianelli Construction and has not been a part of these negotiations. In response to Commissioner Adams' question, Director Davis stated there are 5 seawalls still to be completed; King, Simpson, and McCoy to the south and Hersh and Dinner Bell, Inc. to the north. Dirk Parvus, one of the property owners, advised they need about 2 months to complete the current projects for King, Simpson and McCoy, and then another 2 months for the Hersh and Dinner Bell seawalls. Their contracts with Cangianelli reflect that the owners must obtain access, so they would have to pay the $50 per day charge. Mr. Parvus wondered if the Board would accept a personal guarantee from the owners who were very involved with rehabilitation of the Park last year. They replaced the fencing, sand and plants and had felt the Park was restored. They were unaware that the County was not happy with the restoration project. bond. County Attorney Vitunac advised that staff would be happier with a $10,000 cash Mr. Parvus stated that if the contractor were allowed back on November 1", 1997, the project should be completed by the end of February, 1998. Commissioner Adams questioned the schedule for painting of the seawalls, and Mr. Parvus advised that would be a separate contract and anyone could do that portion of the project. Jim Crase, a principal in Dinner Bell, Inc., apologized for the need to bother the Board with this matter. He understood the problems with trying to keep the property the way it is and agreed that he also did not like the seawalls but would appreciate any assistance the Board could give the property owners. David Barney, Sebastian resident, totally disagreed with allowing use of the Park. He felt that Cangianelli did not comply with the regulations the last time he was allowed use of the Park and the residents have had no north parking lot for over a year and a half. OCTOBER 21, 1997 56 Mr. Barney stated that he is charged when he wants to use a pavilion at a County park and disagreed that a contractor from out of town should be allowed to use County property free of charge. Commissioner Ginn questioned how much of the Park Cangianelli will need, and Director Davis advised he would use the undeveloped lot north of the boardwalk. Commissioner Ginn then questioned whether he could use the Park without disturbing parking places, and Director Davis stated there is overflow parking only on the sand in that area. Commissioner Adams suggested that the County needs a formal contract with Cangianefli as the homeowners are the ones being punished while the contractor is the one violating the agreements. The contract should state that he not be allowed to store any material or equipment on the Park and that he be given a 60 -day limit on use of the Park, with the understanding that the 3 seawalls to the south will be completed by January 1st, 1998, and the 2 on the north will be completed by March 1St, 1998. Should these dates not be met, then a fine of $500 per day should be levied on Cangianelli Construction in addition to the $10,000 cash bond. Commissioner Ginn also wanted to include the other conditions in staff's Memorandum. Chairman Eggert added that should any of the conditions not be met, the matter should be brought immediately to back to the Board. OCTOBER 21, 1997 57 1 ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved Cangianelli Construction's use of the Wabasso Beach Park property for access to the beach, with conditions as follows: (1) a written agreement be entered into with the contractor; (2) the Park will be returned to its original condition than before construction; (3) a $10,000 cash bond be placed to guarantee that the Park will be restored and also this bond may be used anytime by the County to replace or repair damaged items in the Park resulting from the contractor's activities; (4) no equipment or materials will be stored on the Park site and the Park may only be used by the contractor for ingress/egress, (5) no Park sand will be used for the construction of an access ramp; (6) imposing a $500 per day fine on the contractor should the 3 seawalls to the south (King, Simpson and McCoy) not be completed by January 1St, 1998, and the 2 seawalls to the north (Hersh and Dinner Bell, Inc.) not be completed by March 1St, 1998; and (7) if at any time any of the above conditions are not met to County staff's satisfaction, the agreement will be terminated immediately and the matter returned to the Board of County Commissioners for further action. 9.B.3. PUBLIC DISCUSSION - SUSAN AND CHARLES COKER - REQUEST TO BE HEARD REGARDING ASSESSMENT LIEN INTEREST The Board reviewed a letter of October 15, 1997: Char Its L. Corwr, Or. Su an'G. Cok©r P.C. F,ox 740337 Urarjve City. FI 3774_- >\ ,t 1�1'n(i:i. ran R:i ve r• County - Admi.niutr.a-tors Attn» ;Janes Chandler l7C1:(z1:1e•r 1",, 1997 •/ i becer Mr. Chandler. Tt has Lf_er; br0uyht to ot.;r ral.teantion from our mortgage.• company that W(p h,F,,,; n!il PKWE?d a drainage 't paying a'sSPS-F—Ment far a pronoriy wa r,wr, in �ittir H:+inlet c, r(atirt7 hart: to 1441 OCTOBER 21, 1997 We have not rcrcived any illi.?. : -Ml- this asSsrssmQnt. We, `)ava not l i.v�W at t!tp• .ticldreaga that -EHay havQ boon mailing t.i•e bill to for 7 year". ;k,-I� naVe alw,aY% giVe!n a new address to the Tax -:cllrec_tors: o-ffice and nllr rrnpr?rty tar bills. I ;qas toll; r'ac:pntl.y that svcri though .he ;iksserisment. hill comez from thra T;;.x rnllwrtnrc nffir..F•,:it tts :a t:cµe�rat.cr o•ffir_e or :ays :em thaw Lhc- property 7:ax-es. ^nlc, i.n those cir•eums?•.nrtco= krip kwking fcr .orri.vewa!s_ on tyro i.rtf rc:_t •'thai.. iva: aacumu;ilated on a4l rvvltcma�r;S t .. We Would appi-CPC'i CAA your* Cort-.i.<i Cana t, i.L71i i,' 1:►!is ifia'(':t?!". c.i.nc_c c_l Charles Coker of 961 South Circle, Deltona, stated that his mortgage company had notified him that there was a tax lien since 1991 on his property for a paving assessment. He stated that he had never received a bill and was not notified of the debt until his mortgage company contacted him. He also owns another property for which he received a bill and paid the debt promptly. He had supplied his forwarding address but was advised by Eve in the Tax Collector's Office that the forwarding address was never applied to this particular property. Tax Collector Karl Zimmermann advised that Mr. and Mrs. Coker were correct that their assessment bills were mailed to 236 24' Avenue. However, another property also had an assessment notices mailed to the same 236 24' Avenue and payments were received on that property. Mr. Zimmermann stated that the forwarding address was entered on a different computer system than the one which contained the information regarding this particular property. Chairman Eggert emphasized that a change of address should be reflected on every computer in the County. Tax Collector Zimmermann noted that it would appear Mr. and Mrs. Coker made payments on one project and that they were aware the road had been paved. There has to be some presumption of responsibility. He also pointed out that forgiveness of the debt sends a message that there are ways to obviate a taxpayer's responsibilities. OCTOBER 21, 1997 59 ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the acceptance of a payoff of the assessment lien by Susan and Charles Coker in the amount of the original assessment of $1,470.20, together with an adjusted interest amount of one-half of the total amount of interest due. 10. COUNTY ADMINISTRATOR'S MATTERS None. 11.B. RENEWAL OF "CLASS E" CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE WHEELCHAIR TRANSPORTATION - ABLE TRANSPORT - ALL FLORIDA MEDICAL TRANSPORT - AMERICAN RED CROSS - ASSOCIATION OF RETARDED CITIZENS - CITY CAB OF VERO BEACH - VETERAN'S MEDICAL TRANSPORT - INDIAN RIVER COUNTY COUNCIL ON AGING - INDIAN RIVER MEMORIAL HOSPITAL The Board reviewed a Memorandum of October 14, 1997: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler County Administrator \ FROM: Doug Wright, Director te)" Department of Emergency Services DATE: October 14, 1997 SUBJECT: Approval of Renewal of "Class E" Certificates of Public Convenience and Necessity to Provide Wheelchair Transportation It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS On August 31, 1995, during the regular meeting of the Transportation Disadvantaged Local Coordinating Board, the Board recommended to the County Commission that an ordinance be adopted to require a Certificate of Public Convenience and Necessity (COPCN) for the regulation of non -emergency medical (ambulatory) transportation and wheelchair services. On Tuesday, September 19, 1995, the Indian River County Board of County Commissioners approved regulations governing wheelchair services as outlined in County Ordinance, Chapter 304, Life Support and Wheelchair services. The Providers who were currently under contract with the Transportation Coordinator completed the applications and were award two year certificates on October 24, 1995. OCTOBER 21, 1997 :� � � r Section 304.14 of the Indian River County Code of Laws and Ordinances provides, in part, ... Any person who provides wheelchair vehicle services where said services are paid for in part or in whole either directly or indirectly with government funds shall be required to have a class "E" certificate. " Certificates of Public Convenience and Necessity for a Class "E" certificate issued on October 24, 1995, will expire on October 24, 1997. The following is a list of the Providers who have submitted completed applications, are under contract with the Transportation Coordinator, or provide private pay service only (no governmental billing authorized). All Florida Medical Transport, Inc. is not under contract with the Transportation Coordinator and currently operates as a private pay only service. Each of these providers has also undergone an inspection of vehicles, facilities, and records. Carol Bepler Able Transport P.O. Box 834 Roseland, FL 32957-0834 Laurie Hagberg American Red Cross Indian River County Chapter 250617th Avenue Vero Beach, FL 32960-3322 James Ross City Cab of Vero Beach, Inc. P.O. Box 6725 Vero Beach, FL 32961 Leland Gibbs, Jr. Veterans Medical Transport 1900 27th Street Vero Beach, FL 2960 RECOMMENDATION: Dennis Carmody (Private pay only) All Florida Medical Transport Inc. P.O. Bog 0924 Sebastian, FL 32978-0924 Harry Hurst Association of Retarded Citizens of Indian River County 137516th Avenue Vero Beach, FL 32960 Arlene Fletcher Indian River County Council on Aging 694 14th Street Vero Beach, FL 32960 Bruce Jackson Indian River Memorial Hospital 1000 36th Street Vero Beach, FL 32960 Staff recommends the Board approve the renewal of "Class E" Certificates of Public Convenience and Necessity for the above entities to provide wheelchair transportation services, with limitations as noted, for two years pursuant to Chapter 304 of the Indian River County Code of Laws and Ordinances. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the renewal of the "Class E" Certificates of Public Convenience and Necessity for the entities named in the Memorandum to provide wheelchair transportation services, with limitations as noted, for two years pursuant to Chapter 304 of the Indian River County Code of Laws and Ordinances. OCTOBER 21, 1997 61 0jK � u:� I -j- ya , 11.E. AUDIT OF AGENCIES RECEIVING PUBLIC FUNDS The Board reviewed a Memorandum of October 14, 1997: TO: Members of the Board of County Commissioners DATE: October 14, 1997 SUBJECT: AUDIT OF AGENCIES RECEIVING PUBLIC FUNDS OMB AGENDA ITEM FROM: Joseph A. Bair¢�� OMB Director ll DESCRIPTION AND CONDITIONS In July 1997 the County received a letter from the Civic Association regarding Indian River County Board of County Commissioners procedure on annual independent financial audits of agencies (private organizations) receiving public funds. The Civic Association recommended "a procedure that would provide for annual independent financial audits by the County, as the oversight Board, for expenditures of more than $25,000 to private organizations. They also request that a similar procedure be instituted for all expenditures of less than $25,000. The selection is to be based on a random selection process for audit." Currently the Board of County Commissioners procedures for private organizations receiving public funds has been that audits are not required. The Budget staff has reviewed the Civic Association's recommended policy on independent financial audits and feel that the policy is reasonable. Presently many state regulations have a threshold of $25,000 before they will require an audit. RECOMMENDATION Budget staff recommends instituting a policy where any agency or private organization receiving $25,000 or more from Indian River County must furnish the County within 120 days of the end of there fiscal year a copy of an annual audit done by an independent third party. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously instituted a policy where any agency or private organization receiving $25,000 or more from the County must furnish the County, within 120 days of the end of their fiscal year, a copy of an annual audit done by an independent third party. OCTOBER 21, 1997 62 r Im i 11 INDIAN RIVER COUNTY COUNCIL ON AGING, INC. - CONTRACT FOR AUTOMOTIVE MECHANICAL REPAIRS - INDIAN RIVER COUNTY FLEET SERVICES The Board reviewed a Memorandum of October 13, 1997: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Indian River County on Aging, Inc. Contract for Automotive Mechanical Repairs DATE: October 13, 1997 DESCRIPTION AND CONDITIONS The Indian River County Council on Aging, Inc. has requested that their Community Transportation vehicles be repaired by County Fleet Services. Staff has no objections to the addition of these vehicles. RECOMMENDATIONS AND FUNDING Staff recommends that the Board authorize the Chairman to execute the attached contract for Automotive Mechanical Repairs. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the Contract for Automotive Mechanical Repairs with the Indian River County Council on Aging, Inc. and authorized the Chairman to execute same, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE OCTOBER 21, 1997 CLERK TO THE BOARD 63t} .� lrt 11.H.1. NORTH COUNTY R.O. PLANT WELLFIELD - FINAL PAY REQUEST - MISSIMER INTERNATIONAL The Board reviewed a Memorandum of October 8, 1997: DATE: OCTOBER 8, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. ACTING DIRECTOR OF UTILITY S RVICES PREPARED AND WILLIAM F. McCAIN, P. STAFFED BY: CAPITAL PROJECTS ENGIN SUBJECT: NORTH COUNTY R.O. PLANT WELLFIELD FINAL PAY REQUEST INDIAN RIVER COUNTY PROJECT NO. UW -94 -12 -DS BACKGROUND AND ANALYSIS On February 7, 1995, the Board of County Commissioners approved a contract with Missimer International for the above -referenced project. The approved contract amount was $132,276.00. All services related to the scope of services have been completed and staff is prepared to make final payment to the consultant. The balance that is due to the consultant is $1,762.00. For details of this pay request, please see attached invoice. RECOK-IENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the final pay request from Missimer International as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the final pay request to Missimer International in the amount of $1,762, as recommended by staff. OCTOBER 21, 1997 PAY REQUEST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD El 11,H.2, ROYAL PETROLEUM, INC - TEMPORARY WATER SERVICE AGREEMENT The Board reviewed a Memorandum of October 7, 1997: DATE: October 7, 1997 TO: JAMES E. CHANDLER -COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. ACTING DIRECTOR OF UTILITY SERVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: TEMPORARY WATER SERVICE AGREEMENT INDIAN RIVER COUNTY AND ROYAL PETROLEUM, INC. BACKGROUND Royal Petroleum, Inc., the present owner of the property described in Exhibit B, has requested that temporary service be installed from the existing water line on State Road 60 (20'h Street) to service his property at 9520 201" Street. The previous owner of the subject property had agreed to participate in the County water main assessment project in Vero Tropical Gardens. The project at present has been halted due to the existence of wetland in the subdivision that requires attention from a regulatory agency. ANALYSIS The Agreement states that the Indian River County Department of Utility Services shall provide temporary water service to Mr. Robert T. Williamson until such time that a permanent water service is constructed through the Vero Tropical Gardens assessment project. He agrees to pay all required fees in the amount of $4,429.00 to make this connection. (A check in this amount has been received by the Department) He further reconfirmed his agreement to participate in the Vero Tropical Gardens assessment and to reconnect to the permanent water line as required by the Indian River County Department of Utility Services. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Mr. Robert T. Williamson and authorize the chairman to execute same. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the Agreement with Royal Petroleum, Inc. and authorized the Chairman to execute same, as recommended by staff. OCTOBER 21, 1997 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 65 ?.w.,:t iqC Y� ...*.Jl. +wL Y i 11.H.3. CENTRAL REGION WASTEWATER TREATMENT PLANT UPDATE AND AUTHORIZATION TO BID AND AWARD The Board reviewed a Memorandum of October 3, 1997: DATE: OCTOBER 3, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. ACTING UTILITIES DIRECTO PREPARED AND WILLIAM F. McCAIN, P STAFFED BY: CAPITAL PROJECT EER SUBJECT: CENTRAL REGIONAL WASTEWATER TREATMENT PLANT WWTP) UPDATE AND AUTHORIZATION TO BID AND AWARD BACKGROUND On November 14, 1995 the firm of Camp Dresser & McKee, Inc. (CDM) was selected to design the expansion of the Central Region Wastewater Treatment Plant (See attached agenda item & minutes). On February 13, 1996, the firm of Carter Associates was hired to design a wastewater interconnection between the North County Wastewater Treatment Plant and the Central Region facility (See attached agenda item & minutes). As described in the attached package for the interconnection, this was done to allow for the use of excess capacity at the Gifford facility immediately following the expansion. By doing this, we were able to differ construction of the North County Wastewater Treatment Plant expansion. For details of this action, please refer to the attached report from Brown & Caldwell dated January 19, 1996. The design of the Gifford Wastewater plant is complete. Planning & Zoning and the Board of County Commissioners have approved the project's site plans and the Department of Environmental Protection permits are in process. We are, therefore, coming to the Board of County Commissioners for authorization to proceed with the bid and award process for this project. ANALYSIS There are two issues which need to be addressed in this analysis. The first is "need". (i.e. capacity analysis). The second is cost and funding. CAPACITY ANALYSIS Components of this analysis are as follows: A. CONTRIBUTING FLOW As the Board is aware, the Sea Oaks Wastewater Treatment Plant is being taken off line at the beginning of October and the flow is being re-routed to the County's North Regional Wastewater Treatment Plant (See attached agenda item & minutes). Another capacity consideration is the North/Central Interconnection previously discussed in the background portion of this agenda item. To demonstrate actual need we will present flow, permitted and sold capacity as follows: OCTOBER 21, 1997 North County Gifford WWTP & Sea Oaks (Central) Totals t.urrem *1 .0 MGD Plant Capacity Permitted Flow w/ DEP 1.76 MGD+ Committed through Paid ERUs 1.91 MGD+ 1.0 MGD 1.48 MGD+ .967 MGD+ *2.0 MGD 3.2 MGD+ 2.87 MGD+ Actual Flow 0.92 MGD± 0.795 MGD± 1.715 MGD+ * An expansion to the North County Wastewater Treatment Plant to 2MGD has been permitted with DEP and is on hold until flow requires further expansion. B. CAPACITY PLANNING ISSUES * Indian River County's Comprehensive Plan Sanitary Sewer Policy 5.3. Design for additional capacity for regional facilities shall begin when a facility is at 50% of its capacity, and construction of additional capacity shall begin when a facility is at 65% of its capacity in order to guarantee provision of more than the minimum level of service. All future expansion will be based on the committed and projected future demand. The current capacity (current flow) is well in excess of the 65% level requiring construction as listed above. * Florida Administrative Code - Chapter 62-600.405 (8) (c) (FDEP).. If the permitted capacity is equaled or exceeds within the next three years, the permittee shall submit a complete construction permit application. * Florida Administrative Code -Chapter 62-600 405 (8) (d FDEP) If the permitted capacity will be equaled or exceeded within the next six months, the permittee shall submit to the Department (FDEP) an application for an operation permit. As can be seen from the above analysis the County must move ahead with this project immediately, to maintain its capabilities for future growth, as well as maintain its commitments to capacity reserves. II. COST AND FUNDING The preliminary cost estimate was $7 million (See attached agenda item & minutes dated November 14, 1995). The final cost estimate is $10.6 million for original design and $9.2 million for option one. There is sufficient monies remaining in the bond issue to construct either option. By funding this amount through the Bond Issue, it will require that the two other remaining projects in the Bond Issue, it will require that the two other remaining projects in the Bond Issue, (i.e. Sebastian Phase II &III) be funded in the interim (as they are assessment projects) by inter - fund borrowing from Fund 472 (Impact Fee Fund) and Fund 471 (Operations & Maintenance). A recent cash flow analysis of the Utility Fund indicated that this is feasible for timing and cash flow projections (See attached Capital Projects spread sheet and Cash Flow Analysis). This phasing of Sebastian II & III will take final construction out for several additional years. However, this action is concurrent with the City's wishes and is supportive of smaller phases of construction (Please see letter of September 12th, from Mr. Thomas Frame). REC0M�MNDATION The Staff of the Department of Utility Services requests that the Board of County Commissioners authorize staff to proceed with the bidding and construction of this project as outlined above. OCTOBER 21, 1997 67 X i ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously authorized staff to proceed with the bidding and construction of the project as outlined in the Memorandum, as recommended by staff. (CLERK'S NOTE: At the conclusion of Item I I.H.3, the Chairman was asked to hear Item I I.H.5. out of order. For purposes of continuity, these minutes are written as items appear on the Agenda.) 11.H.4. UTILITY RATE CONSULTANT PROPOSALS - RANKING (CLERK'S NOTE: At the conclusion of Item 7.F, the Chairman called for Item I LHA. out of order. For purposes of continuity, these minutes are written as items appear on the Agenda.) The Board reviewed a Memorandum of October 16, 1997: TO: James _handier ounry Administrator FROM: James W. Davis, F.E. Public Works Director— j;✓ SUBJECT: Water and Wastewater Rate Consultant Selection DATE: October 16, 1997 DESCRIPTION AND CONDITIONS The Utility Advisory Committee has evaluated the Water and Wastewater Rate Consultant applicants and attached is the ranking sheet. The prioritized ranking is as follows: 1. Camp, Dresser and McKee 2. Hartman and Associates 3. Burton & Associates 4. Holmlin Engineering 5. Public Resources Management Group 6. Glace and Radcliffe • 11 D . • Staff requests the Board to accept the ranking as submitted, and proceed to interview the top three (3) ranked consultants. OCTOBER 21, 1997 After comparison of each Commissioners' ranking, the following were accepted as the overall rankings: Utility Adv. �c GLACE & BURTON Sic HOLMLI sr PUBLIC 84 FIARI;tiiA� 59 Members CDM RADCLIFFE 8 POINTS & ASSOC ,§' ENGINEER. FORD GRAND TOTAL RESOURCES J' ASSOC -• _ HARTMAN & ASSOC. 78 0 56 90 100 96 16.5 POINTS MANAGEMEN GROUP s 2 W. Ford 2 2 BURTON & ASSOC. 75 76 47 90 91 83 22.5 POINTS A. Kubik .5 76 - 3 ya 2 0 .3 o 51 J. Malek 5 �1 -3-7 /-/7 :5�1 13 y7 .� 3 =2 C. McGarvey lee .60 47 9/ # 71 6 /e 4 I4O 4.5 C. Miller 9O X1 73 6 90 A 40 14 Ff 97 50 90 30 POINTS R. Whire 8y Ir 7 75 5 ?a? 6 71 7S- 3 Grand Totals raming I ng FINAL RANKING —1 .� -Z County Commissioner C. Eggert 9jo 1 le 3 6 4 9 d �� 3 7W 1.Tippin 90 ya S 8"o, F. Adams , t ' O 1 3 J{ 5 q C. Ginn K. Macht 9l 1 3 f.3 a2 ZIP`6 �%� � 9 r% Grand Totals FINAL RANKING CDM 84 94 59 WATER AND WASTEWATER CONSULTANT SELECTION 8 POINTS UTILITY ADVISORY WHITE KUBIK MALEK MILLER MCGARVEY FORD GRAND TOTAL COMMITTEE MEMBER #1 #2 #3 #4 #5 #6 CDM 84 94 59 90 100 99 8 POINTS t 1 1 2 2> _ HARTMAN & ASSOC. 78 0 56 90 100 96 16.5 POINTS s 2 2 2 2 BURTON & ASSOC. 75 76 47 90 91 83 22.5 POINTS .5 _ HOLMLIN ENGINEERING 72 90 51 84 85 '85 24 POINTS 3 PUBLIC RESOURCES 76 0 47 87 100 71 25 POINTS MANAGEMENT GROUP 4 5.5 4.5 GLACE & RADCLIFFE 83 12 40 14 37 :7:3:l 50 67 30 POINTS OCTOBER 21, 1997 A��.i.r..i Chairman Eggert announced that the interviews will take place on November 5', 1997 at 9:00 a.m., allowing 30 minutes for presentation and 30 minutes for questions and answers for each of the top 3 candidates. CONSENSUS was reached to accept the rankings. 11.H.5. NORTH COUNTY WASTEWATER TREATMENT PLANT - OPERATIONS AND MAINTENANCE AWARDS The Board reviewed a 1997 National Wastewater Management Excellence Awards Ceremony booklet: OCTOBER 21, 1997 70 United States EPA 832-K-97-001 Environmental Protection October 1997 Agency Office of water (4204) Vol EPA 1997 National Wastewater is Management PAWOExcellence Awards Ceremony OCTOBER 21, 1997 70 United States Environmental Protection Agency Office of Water October 1997 Water Environment Federation Conference Chicago, Illinois Monday, October 20,1997 US EPA National Awards Program Managers Maria Campbell, Operations and Maintenance Awards John Walker, Beneficial Biosolids Use Awards Lisa Hammond, Pretreatment Awards Betty West, Storm Water Awards Tim Dwyer, Combined Sewer Overflow Awards OCTOBER 21, 1997 A� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 OCT 201997 OFFICE OF WATER CONGRATULATIONS NATIONAL AWARD WINNERS! October 18,1997, begins the 25th Anniversary Year of the Clean Water Act (CWA). As water professionals, in or out of government, we can take pride in the progress made to improve and protect our Nation's waters using the tools provided by the Act. I cannot think of a more appropriate way to kick off the Silver Anniversary celebration of the CWA than by honoring those among us who have demonstrated their imagination and excellence in various important aspects of water management As a former State and local official, I know that it takes an effective partnership of Federal, State and local officials, as well as the private sector, to achieve the kind of success that we celebrate today. In the 25 years since the enactment of the CWA, the pollutant loads from municipal wastewa- ter treatment facilities have fallen about 40% while the population served by these facilities increased by 30%. The hard work and dedication of local managers, plant operators and their staff has been an absolutely essential part of the steady progress toward the national goal of "fishable and swimmable" waters. We, at the Environmental Protection Agency, salute you and your colleagues throughout the nation on a job well done and look forward to working with you to address the challenges that still he ahead. Sincerely, Robert Perciasepe Assistant Administrator 71is A4. ..Yrn 4..... The Program Welcome Billy G. Turner President Water Environment Federation Opening Remarks and Presentation of Awards Robert Perciasepe Assistant Administrator for Water U.S. EPA Announcement of Award Recipients Michael Cook Director Office of Wastewater Management U.S.EPA National Award Recipients Operations and Maintenance Program Winners Beneficial Use of Municipal Biosolids Program Winners Pretreatment Program Winners Storm Water Program Winners Combined Sewer Overflow Program Winners Refreshments, compliments of WEF, will be served following the ceremony in room S406A. OCTOBER 21, 1997 National Operations and Maintenance Excellence Awards Winners and Categories Small Secondary Plant 1st Place: Village of Speculator Wastewater Treatment Plant Speculator, New York Medium Secondary Plant 1st Place: City of Fort Lupton Fort Lupton, Colorado 2nd Place: Valley Forge Sewer Authority Phoenixville, Pennsylvania Large Secondary Plant 1st Place: Northeast Ohio Regional Sewer District Easterly Wastewater Treatment Plant Cleveland, Ohio 2nd Place: Springfield Regional Wastewater Treatment Facility, Springfield, Massachusetts Small Advanced Plant 1st Place: Hurlburt Field Wastewater Treatment Plant Hurlburt Field Air Force Base Okaloosa County, Florida Medium Advanced Plant 1st Places: Wallingford Wastewater Treatment Plant Wallingford, Connecticut Tar River Water Reclamation Facility Louisburg, North Carolina 2nd Place: City of Medford, Wisconsin 72 Large Advanced Plant 1st Place: Western Branch Wastewater Treatment Plant Washington Suburban Sanitary Commission 2nd Place: Metro Wastewater Reclamation District Denver, Colorado Small Non -discharging Plant 1st Place: Pelican Bay State Prison Wastewater Treatment Plant, Crescent City, California 2nd Place: North County Regional Wastewater Treatment Plant Indian River County, Vero Beach, Florida Large Non -discharging Plant 1st Place: City of Bartow Water Reclamation Facility Bartow, Florida 0 & M, Fust Place, MS Valley Forge Sewer Authority Ptaenim a PA A home made manhole surge indicator, along with an insert and inventory of riser rings— al of which are used to monitor and control. OCTOBER 21, 1997 Most Improved Plant John H. Samson National Award 1st Place: Richmond Wastewater Treatment Facility Richmond, Vermont 104(g) Trainer: Paul Olander, Vermont Department of Environmental Conservation 2nd Place: Pleasant Valley Regional Sewer District, Chillicothe, Ohio 104(8) Trainer: Ohio EPA's 104(8) Compliance Assistance Unit 73 D 0 A M, RHO Place, MIP Ri imond WWTF R'clmona, yr Stan Redesigned strap br Waina"dedtbdnation chemicals, sola nq custom SYSIAN" 0 & M. Second Place, MIP Category PliasantaicoVall OH Regional Sewer DrsUid Staff manufactured Screerwg device National Beneficial Use of Municipal Wastewater Biosolids Excellence Awards The Program This is the tenth year of the EPA's National Biosolids awards pro- gram that recognizes outstanding operational projects, research studies, technological advances, and public acceptance efforts for promoting beneficial uses of municipal wastewater biosolids. EPA presents national awards and may present regional awards. Creative and widely applicable biosolids techniques are vital to the nation's efforts to protect and improve our soil and water resources. These awards focus attention on the critical need to develop and implement management practices that use wastewater biosolids beneficially and that are environmentally safe, economical, and acceptable to the public. The nomination process is very productive, even if the nominee is not selected as a winner, due to the recognition and transfer of information on the beneficial uses of biosolids that occurs. Many municipalities, individuals, and groups have worked for years to make significant contributions to the study and practice of safe, beneficial use of municipal biosolids. This awards program recog- nizes their professional efforts. We congratulate this year's award winners, and encourage nominations of worthy candidates for next year's regional and national beneficial biosolids use award programs. OCTOBER 21, 1997 The Award Categories and Criteria The beneficial use of municipal wastewater biosolids award candi- dates are evaluated using the following criteria: For Operating Projects Two Categories: 1) Less Than or Equal to 5 mgd; and 2) Greater Than 5 mgd • Significant recycling/reuse of natural resources (e.g., nutrients, organic matter, and energy). • Sustained (several year), full-scale, proven operation. • Consistent, cost-effective operation. • Public acceptability. • Compliant with applicable Federal, State, and local regulations. • Excellence in project management. For Technology Development Activities • Sustained excellence in advancing our knowledge of technology (e.g., improved design criteria or operational practice). • Technology has potential for use in many areas of the country. • Operationally proven. 74 For Research Activities • Greater public acceptability of biosolids beneficial use. • Greatly improves the understanding of the environmental effects of beneficial use of biosolids. • Substantial contribution toward the development of improved design and operation. • Key information generated for development of improved biosolids regulations and guidance. For Public Acceptance Efforts • Demonstrated increase in public acceptance. • Characterized by dedicated successful individual and team efforts. • Demonstrated willingness to share information and approaches for gaining public acceptance. • Proactive approach for successfully working with such entities as the press and cultivating and gaining allies to explain the benefits and diffuse alarmist stories thatmight arise. • Program with excellent information transfer and training efforts that have made a positive difference locally. OCTOBER 21, 1997 The Award Process Candidates for the six categories of national awards may be nomi- nated by anyone including EPA Regions, States, municipalities, consultants, researchers, or other interested parties. Some EPA Regions are sponsoring their own awards programs. Applicants must complete a standard nomination form with identifying infor- mation, executive summary, facility/ activity information, and additional supporting information. Nomination guidance for the 1998 awards will be available from EPA Regional Offices in early 1998. Biosdw Wcabw Nehide in Gastoda, NC Bl safe 6eW appicalio* Gasloda, NC 75 National Beneficial Use of Municipal Wastewater Biosolids Excellence Awards Winners and Categories Operating Projects Less Than or Equal to 5 mgd Ist Place: University Area Joint Authority, Wastewater Operations Division, State College, Pennsylvania 2nd Place: Commissioners of Public Works of the Town of Summerville, South Carolina Honorable Mention: Letchworth Avenue Wastewater Treatment Plant, Billerica, Massachusetts Operating Projects Greater Than 5 mgd 1st Place: Department of Public Works & Engineering Water Operations Division City of Houston, Texas i 2nd Place: Duckett Creek Sanitary District St. Charles, Missouri Honorable Mention: Pole Bridge Creek AST Facility Dekalb County, Georgia Honorable Mention: Department of Public Works & Utilities Wastewater Treatment Division City of Gastonia, North Carolina Municipal Public Acceptance Efforts 1st Place: Cartersville, Georgia Water Department OCTOBER 21, 1997 National Pretreatment Program Excellence Awards Winners and Categories 0 10 SIUs 1st Place: City of Fort Collins, Colorado 11- 20 SIUs 1st Place: Anne Arundel County Department of Public Works Annapolis, Maryland 21-50SIUs 1st Place: Chesterfield County, Virginia 2nd Place: Pima County Wastewater Management Division Tucson, Arizona 51-100 SIUs 1st Place: East Bay Municipal Utility District Oakland, California Greater than 100 S1Us 1st Place: County Sanitation Districts of Orange County Fountain Valley, California 76 National Storm Water Program Excellence Awards The Program In 1991 EPA established the National Storm Water Excellence Award program. Two award categories recognize municipalities and industries that are demonstrating their commitment to protect and improve the quality of the nation's waters by implementing outstand ing, innovative and cost-effective Storm Water control programs and projects. This awards program heightens overall public awareness of storm water measures and encourage public support of programs aimed at protecting the public's health and safety and the nation's water quality. An Awards Review Committee comprised of storm water experts from EPA Headquarters and Regions selects the award recipients. Members of the committee evaluate all aspects of individual projects or programs. The Award Categories Awards are given in two categories: Municipal Storm Water control program and project; and the Industrial Storm Water control prograrr and project. This year there will be two first place award winners in the municipal category. Rret Place, MLacfak CateM City d Swamenkq CA SbrM Water outla6 Imm Sump 67 into Ekler Creek Director Davis emphasized what a pleasure and honor it has been this last 3 months working with the Utilities Department staff. The Department received 2 awards; the first in Atlanta, Georgia and the second was the first place EPA Region 4 award in Chicago, Illinois for the North County Wastewater Treatment Plant, Operation and Maintenance Excellence Award for the southeastern part of the United States. Director Davis then presented the award to Terry Southard, Wastewater Superintendent; Gary Dilts, Operator; Kevin Gibson, Operator; and Tony Etter, Chief Operator; and commended Environmental Engineer Rob Wisemen; Capital Projects Engineer Bill MCCain; and Gene Rauth, Manager of Water and Wastewater Operations. No action taken. (CLERK'S NOTE: At the conclusion of Item II.H.5., the Chairman was notified that a representative of the Fair Association was present and called for a motion to re -open Item 71. out of order. For purposes of continuity, these minutes are written as items appear on the Agenda.) OCTOBER 21, 1997 77 IP 12• 1997 LEGISLATIVE DELEGATION MEETING The Board reviewed a Memorandum of October 15, 1997: TO: BoWA of County Commissioners FROM: C arles P. Vitunac; County ttor� DATE: October 15, 1997 RE: 1997 Legislative Delegation Meeting Pursuant to the direction of the Board, Chairman Eggert and this office have prepared resolutions for presentation to the local Legislative Delegation on November 12, 1997. The resolution titles and suggested presenters are as follows: ITEM A. INTRODUCTION 1. In Support of a Constitutional Revision Prohibiting Unfunded Mandates without a Super -Majority Vote of the Legislature 2. In Support of Clam Leases of State Lands 3. In Support of a Partial Year Property Tax 4. In Support of Amending the Law to Give Non -Charter Counties the Right to Petition for Initiatives 6. In Support of Continuing Preservation 2000 Development 6. In Support of Local Control of Right of Way 7. In Support of Clarifying the Obligation of the State to Provide Article V Funding for the Criminal Court System B. CONCLUSION PRESENTER Charles Vitunac Chairman Eggert Commissioner Ginn Commissioner Ginn Bob Keating Terry Smith Joe Baird Charles Vitunac Recommendation: Request the Board authorize and approve this agenda and format. Chairman Eggert suggested that Commissioner Macht should introduce Item 1, Prohibiting Unfunded Mandates without a Super -Majority Vote of the legislature. Commissioner Tippin noted a change to Item 3, Partial Year Property Tax, wherein "residences" was changed to "residences and businesses". OCTOBER 21, 1997 78 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the agenda and format, as- amended to reflect that Commissioner Macht will present Item 1 rather than Chairman Eggert and adopted Resolutions 97-128, 129, 130, 131, 132 133, and 134 to the Legislature of the State of Florida in support of: (a) clarifying the obligation of the State to provide Article V funding for the Criminal Court system; (b) amending the law to give non -charter counties the right to petition for initiatives; (c) a partial year property tax assessment on new properties (amended to include "newly built residences and businesses"); (d) continuing the Preservation 2000 Program; (e) continuing local government control of right of way; (f) clam leases of State lands to support the new industry of aquaculture agriculture; and (f) a constitutional revision prohibiting unfunded state mandates without a super -majority vote of the legislature. OCTOBER 21, 1997 79 BOOK J-03 PACE." "' RESOLUTION NO. 97-128 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF A CONSTITUTIONAL REVISION PRO- HIBITING UNFUNDED STATE MANDATES WITHOUT A SUPER -MAJORITY VOTE OF THE LEGISLATURE. WHEREAS, Indian River County is concerned with the Legislature's ability to issue unfunded mandates to local governments since local governments should control their spending decisions; and WHEREAS, Indian River County would like it to be required that any state mandate be passed by a super -majority vote of the Legislature, and not by a simple -majority vote as it is now; and WHEREAS, Indian River County feels that this important revision is necessary to protect its citizens and taxpayers; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Legislature of the State of Florida to recommend that unfunded state mandates be prohibited unless passed by a super -majority vote. The resolution was moved for adoption by Commissioner Gi nn . and the motion was seconded by Commissioner Ti ppi n and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of October, 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attesti, : � •: � ,� BY _ arolyn K. E Jeffrey K. Barton, Chairman APPROVED AS TO FORM AN• LEGAL SUFFICIENCY: Charles P. Vitunac County Attorney OCTOBER 21, 1997 � � s RESOLUTION NO. 97- 129 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF CLAM LEASES OF STATE LANDS TO SUPPORT THE NEW INDUSTRY OF AQUACULTURE AGRICULTURE. WHEREAS, recently the Legislature made changes to the commercial fishing laws; and WHEREAS, these changes have resulted in substantial unemployment for net fishermen; and WHEREAS, Indian River County feels that it is important to introduce an alternative industry in order to put these unemployed fishermen back to work; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Legislature of the State of Florida to continue supporting aquaculture by leasing submerged state lands for use in clam leases. The resolution was moved for adoption by Commissioner Gi nn 'and the motion was seconded by Commissioner. Ti ppi n . and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21_ day of October, 1997. JeffreyIto lark OCTOBER 21, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By crrolyn K. EfIft— Chairma APPROVED AS TO FORM ANI— A jFF1C.1ENCY-.. Charles P. Vitunac County Attorney I RESOLUTION NO. 97- 130 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF A PARTIAL YEAR PROPERTY TAX ASSESSMENT ON NEW PROPERTIES. WHEREAS, in areas of Florida with rapid growth the service demands imposed on a community by newly built residences and businesses which are paying no taxes pose an unfair burden on existing taxpayers to fund the necessary services; and WHEREAS, Indian River County feels it would be fairer to all its taxpayers to have these newly built residences and businesses put on the tax rolls immediately and required to pay a partial year's assessment for the services they are being provided; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Legislature of the State of Florida to change the existing laws to requirement payment of a partial -year tax assessment by new residences and businesses. The resolution was moved for adoption by Commissioner Ginn . and the motion was seconded by Commissioner Ti PF}i nand, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of October, 1997. Asst• � Jeffreyrto Clerk is ,aac- OCTOBER 21, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By. rolyn K. E Chairma 82 APS 7 . _ D AS M Fn�7"A A''_ �CALs�l FF1 is ;.vY: Ln�;!PS P. %11tvnac County Attorney 0 RESOLUTION NO. 97-131 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT AMENDING THE LAW TO GIVE NON -CHARTER COUNTIES THE RIGHT TO PETITION FOR INITIATIVES. WHEREAS, Indian River County feels that the right to petition for initiatives is an important civic right, which charter counties have automatically; and WHEREAS, Indian River County is a non -charter county and would like to see non -charter counties have this same right; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Legislature of the State of Florida to amend the law to give non -charter counties the same right to petition for initiatives as charter counties have. The resolution was moved for adoption by Commissioner ri nn the motion was seconded by Commissioner Ti ppi n . and vote, the vote was as follows: ,and, upon being put to a Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent. Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of. October. 1997. BOARD OF COUNTY COMMISSIONERS st: INDIAN RIVER COUNTY, FLORIDA BY Jeffrey art Clerk 414rChairman olyn K. rt A.�-c OCTOBER 21, 1997 APPROVED AS TO FORM A EGAL F IC►ENCY: Charles P. l�ilun»r County Attz.•ne., 83 BOO( .� >, RESOLUTION NO. 97- 132 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF CONTINUING THE PRESERVATION 2000 PROGRAM. WHEREAS, with Florida's rapid growth it is important to preserve certain lands in the state and to protect some environmentally significant land from further development; and WHEREAS, Indian River County feels that the Preservation 2000 Program has been extremely successful resulting in the purchase of thousands of acres of valuable land; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the state to continue funding this important program which will preserve Florida for future generations. The resolution was moved for adoption byy Commissioner the motion was seconded by Commissioner Ti ppi n Ginn , and vote, the vote was as follows: , and, upon being put to a Chairman Carolyn K. Eggert Vice Chairman John W. Ti in Aye Aye Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Commissioner Fran B. Adams Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of October-, 1997. Jeffrey K. Barton -Clerk OCTOBER 21, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY C. rolyn K. E t Chairman 84 APPROVED AS TO FOWA A L GAL UFFICIENCY: Ai Charles P. Vitunac County Attorney RESOLUTION NO. 97- 133 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF CONTINUING LOCAL GOVERNMENT CONTROL OF RIGHT OF WAY. WHEREAS, there is a strong movement by certain interests in Tallahassee to take over control of the rights of way from local governments and place it at the state level, especially as it relates to the power to levy franchise fees; and WHEREAS, it is important to the local governments that control of rights of way remain within their jurisdiction and that local revenue sources be protected; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the state to leave control of local rights of way, including the power to levy franchise fees, with local governments. The resolution was moved for adoption by Commissioner Gi nn the motion was seconded by Commissioner Ti oai n, and vote, the vote was as follows: , and, upon being put to a Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of October 1997. lest: Jeffrey arton, Clerk / y: OCTOBER 21, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ,. rolyn K. E Chairman APPROVED AS TO FORK A DEGAL S{J FICIENC' Charles P. Vilunac County Attorney 85 BOOK FACE � �-�'BOOK fAEE .i�oa L BOOK A3 FAGE.'168 RESOLUTION NO. 97- 134 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF CLARIFYING THE OBLIGATION OF THE STATE TO PROVIDE ARTICLE V FUNDING FOR THE CRIMINAL COURT SYSTEM. WHEREAS, Indian River County feels it would be fairer to all its taxpayers to have the law amended to clarify that the obligation of funding the criminal justice system should be by the state and not by the counties; and WHEREAS, Indian River County feels that it should be constitutionally required that the state fund the criminal court system sufficiently; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Legislature of the State of Florida to pass an amendment to the state constitution to change the wording of Article V to require that the state be required to fund the criminal justice system. The resolution was moved for adoption by Commissioner Ginn and the motion was seconded by CommissionerTi pp nand, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of October, 1997. Jeffrey K. Barton, Cleric OCTOBER 21, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By arolyn K. rt Chairman 86 APrn 7 '%TO S TO FORM Aiv LC'AL SUF I 'IFNCY: Chanes P. Y!,'t� nc Cc4nly AM;May 13.A. EPA (ENVIRONMENTAL PROTECTION AGENCY) AND FWS (FISH & WILDLIFE SERVICE) RULES REGARDING ENHANCED PROTECTION OF ENDANGERED SPECIES - LOCAL CLEAN WATER DECISION MAKING The Board reviewed a Memorandum from the Clean Water Industry Coalition: CLEAN WATER INDUSTRY COALITION New Rules Threaten Business and OCT 2 p 1997 Local Clean Water Decision-making BbARD OF COUNTY COMMISSION Background The Environmental Protection Agency (EPA) and the Department of Interiol are quietly and quickly drafting new procedures to protect endangered species and their habitat ry strict limits on businesses operations. land use. and local economic development. The new EPA procedures may appear simple and reasonable --- states noun be required to "consult" with the U.S. Fish 3g. Wildlife Service (FWS') and the Nations . Marine Fisheries Service (N'MFS) to ensure that Clew Water Act (CWA) permits protect t tdangered species and their habitat. As always. the -devil is in the detail,." Under the new procedures, the agencies will decide whether species and hal itat are given "adequate" safeguards under C'WA permits --hut what mtnhods olid erireru, will ve used is unclear. If the agencies say protection is inadequate. EPA has broad new p aer to veto state -issued permits. They could impose stricter requirements and conditions on st: es and businesses. The procedures appl to species and habitat merely proposed ror prow .ion, The new policy directly affects every commercial, industrial and municipal :ritiry that is required to have a nate-issued C W A permit (including stortnwater. wetlands and ::wage sludge permitc). More monitoring. screening and reporting will be required. If EPA and F\ S sav that species/habitat are being. "adversely affected.- then facilities could be forced to at 1 more strict controls and limits! or pertnits could be denied. Facilities located in or Item spc iesihabitat areas may be required to comply (EPA and FWS will dcaide how close is sou etas I. Facilities could be preveuted from altering their discharge levels. Or that plant expansion. c ranges in production output and new sewer houlcups will be prohibited. Offsite develupmetl and improvements--- such as widening a road — way be restricted. Many common nd uses -- farming, homebuilding, logging. road building, torr. -- [tiny be restricted. delayet or denied. Public and private land could be tied up for years. Rivers. streams and watershed could be redesignated for more restrictive uses with communities forced :o pay for impro. mens. Tlic procedures tit not provide pennirces; with any say in the prowess. It r: dnnrbtnnl Mai nor species or hnhitnt �rili he �JNr1Nl'l�rnuet'led rltnll tnlllP! !•lu'rtnlr itn►:s ani! rukerlt ions. • till this is unnecessary. The Endrut_e.^ed Species Act already protects species/11; aunt and provides for cooperative agrcetnct.Is between states and the Interior nep4mnen Many skates already -consult- with the FWS. and have their own standards, agencies nd laws to protect endangered species. • Having four federal agencies invr+lved in clean water permitting will throw• the rocess into gridltwk. This makes no sense wizen. Ir»uically. EPA is takute separate action t , streamline and simplify the clean water perurir process. • It overrides traditional stare authority and shifts local decisiun-making to the fet :sal government. L rider the Mean Writer Act. stales determinc water quality standar is and criteria. including protection for endaneered species/habitat. • There is no evidence that spt.•ciLs an:i habitat are being jeop<•trdized or harmed b the states or by clean water pertnits. If dery policy is needed, it should be fully debated b, Congress. the states and the public, not by regulation. OCTOBER 21, 1997 87 BOOK -1.03 F ,H . , 800 What Can You Do" The new procedures are under review by EPA. the Department of Interior a :d their regional offices. They could be approved by the end of October. Your help is need, i to prevent the agencies from adopting, this tar -reaching document. EPA is not snaking these pra•ethires twailable for continent to the public — Jespite their dramatic impact on business. land use and local ectimunic development. Mate :genie: can comment, but many arc unaware there are any new proposed procedures. Alert Officials in your state eu:ircmment depamuent as oven as othzr state representatives and policvn»kers. Tell ihcn► how the procedures %% ill impact and d uaoe your business operations and community development project,. lige them to voice objt xions to these new EPA procedures. ('For reference, the document is off1cmily called an "� iree7nert ng EPA artd F 111 Regeirding Enhonred Protection oy Endangered Species. You should also contact the tederal agencies directly by phone or fax to exp ss your concern and opposuiou: Mr. Robert Perciasepe Mr. Ih.n Parry Assistant Administrator for Water Assistant Secretaq for U.S. Environmental Protection Agency Pisln 1!; Wildlife & Parks Phone.- (?tt".) 260-57NI t' R t epArmiem of Tnrtri.,r Fax: (200 260-5711 F111one: i2o2i '2116-4416 Fux: (2,22) 20S-•1684 Irp-)u »rad additional hiio nnntirni, plewse rtonfia Cliarles hr Won nr (20:1) 463-56s" '. Chairman Eggert asked for support for a letter and stated she did not know whether the information is correct but was concerned about the effect of these proposed rules. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously authorized the Chairman to send a letter in opposition to these new EPA procedures. 13A TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS - ANNOUNCEMENT OF ANNUAL MEETING The Board was supplied with the following Invitation: Treasure Coast Council of Local Goverments Anuual Dinner Meeting Friday, Mwenber 14, 1997 at Cash Bar. 6.30 PM Guest Speaker. ; Dinner. 7.30 PM Mr. Michael Gannon Distinguished B A L L A N T R A E Service Professor of History 7-ukets: $25 per person University of Florida GOLF & YACHT CLUB OCTOBER 21, 1997 3325 SE Ballantrae Blvd - Port St Lucie 88 For Reservations please send your check and dinner selection with this portion of your ' invitation to: .. ` ... .. Luci Dunleavy - St Lucie County Treasure Coast Council of Local Governments 2300 Mirginia Ave Ft Pierce, FL 34982 (561) 462-1412 Name: Local Govt: Title: Guest: Amount Enclosed Reservations Must Be Received by November 7, 1997 ***DINNER SELECTION (arcle your choice)*** Chicken Marsala Florida Grouper Prime Rib (WA 3 pepper roasted mango salsa) Commissioner Tippin announced the annual meeting to be held Friday, November 14, 1997 and encouraged as many Commissioners as possible to attend. 13•C• CITRUS WASTE DUMPING - STATUS REPORT Commissioner Adams noted that last year a decision had been made to dump excess i citrus waste in cattle pastures instead of at the Landfill. However, now the waste is being dumped on CR -512 on the power line right-of-way and people are stopping to pick it up creating a traffic hazard. There is also an aesthetic problem which will be greater when the citrus rots and causes odors. Staff is looking at parameters for this dumping, perhaps 200 feet off the road. Commissioner Tippin noted that the packing houses started very early this year, before the juice plants were ready to handle the citrus waste. He hoped this would be a one- time thing. CONSENSUS was reached to direct staff to look at new parameters for dumping citrus waste. OCTOBER 21, 1997 89 BOOK D3 PAS 14 EMERGENCY SERVICES DISTRICT None. 14A SOLID WASTE DISPOSAL DISTRICT None. U.C.ENVIRONMENTAL CONTROL BOARD None. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:22 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes Approved: %%,,, % , 1257� OCTOBER 21, 1997 J'-C'0� (/ ef44'r- Carolyn WEggert, Ch