Loading...
HomeMy WebLinkAbout1/27/1998MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, JANUARY 27,1998 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS John W. Tippin, Chairman (District 4) Kenneth R Macht, Vice Chairman (District 3) Fran B. Adams (District 1) Carolyn K. Eggert (District 2) Caroline D. Ginn (District 5) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION None 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS to the AGEN-DA/EMERGENCY ITEMS 1. Add Item 13.1)., Appointment of Bob Tenbus to the Economic Development Council. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MRgUTES Regular Meeting of January 13, 1998 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) St. Johns River Water Management District documents satisfying the requirements of Section 189.418, Fla. Statutes, to file creation documents and District map (as filed with the Fla. Dept. of Comm. Affairs) 2) LR. Farms Water Con- trol Dist., Notice that Bd. of Supvs. meets on the 2nd Thursday of each month, unless otherwise advertised and posted. 3) I.R. Farms Water Con- trol District, minutes of Board of Supvs. meetings for period of Oct., 1996 thru Sept., 1997 B. Proclamation of Interfaith Memorial Service Honoring Four Army Chaplains 1 C. Proclamation Honoring Robert "Bob" Brackett for His Service to the Community 2 7. _CONSENT AGENDA (cont'd.): BOOK IU4 rnE iO5 BACKUP PAGES D. Appointment of Raymond G. Coniglio to Economic Development Council (memorandum dated January 20, 1998) 3-4 E. Declare Equipment Surplus for Sale or Disposal (memorandum dated January 16, 1998) 5-6 F. Turner Builders of Vero Beach, Inc.'s Request for Final Plat Approval for Somerset S/D - Ouasi-Judicial (memorandum dated January 19, 1998) 7-11 G. Frank Hooper's Request for Final Plat Approval for a Private Road R -O -W Ouasi-Judicial (memorandum dated January 21, 1998) 12-18 H. Payments to Vendors of Court Related Costs (memorandum dated January 16, 1998) 19 I. Release and Substitution of Edmonds/Moolenaar Conservation Easement - Lindsey Lanes S/D (memorandum dated January 20, 1998) 20-23 J. Retroactive Approval for Comm. Macht to Attend Groundbreaking of Veterans Clinic in Melbourne, FL on 1-6-98 (no backup provided) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS HGI and Ralph Evans, Trustee, Request to Amend the Comprehensive Plan to Redesignate Approx. 26.4 Acres from M-1 to C/I; and to Amend the Comprehensive Plan to Redesignate Approx. 26.4 Acres from C/I to C-1 Legislative (memorandum dated January 19, 1998) 24-46 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. CommunitYDevelopment None 0 0 0 11. DEPARTMENTAL MATTERS (cont'd.): B. Emergengy Services 1. Renewal of 9-1-1 Communications Center Annual UPS Maintenance Agreement w/ MGE UPS Systems (memorandum dated January 9, 1998) 2. Approval of Biomedical Technical Services Agreement w / Physio -Control (memorandum dated January 12, 1998) C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works 1. Wabasso Causeway Park Beautification Project - Resolution for Fla. Dept. of Transportation Grant (memorandum dated January 21, 1998) 2. Amendment No. 7, Kings Highway Improvements (memorandum dated January 20, 1998) H. Utilities North County R.O. Plant (Hobart Park) Retainage Reduction (memorandum dated January 15, 1998) 12. COUNTY ATTORNEY None 13. A. Chairman John W. TiRpin B. Vice Chairman Kenneth R. Macht C. Commissioner Fran B. Adams BACK PAGES 47-49 50-56 57-63 64-67 68-72 EOOK 104 rKE at.06 13. COMSSIONERS ITEMS (cont'd.Z�'u�K �U F�1GE .L9, � BACKUP MI PAGES D. Commissioner Carolyn K. Eggert E. Commissioner Caroline D. Ginn IRC Children's Services Network Guide: Discussion on Standardized Outcomes Guided by Year 2000 National Objectives (backup may be provided separately) 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - meeting of 1/6/98 2. Approval of Minutes -meeting of 1/13/98 3. Recycling & Education Grant Litter Control Grant Waste Tire Grant (memorandum dated January 19, 1998) 73-81 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meetins. Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening 0 • • INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS JANUARY 27, 1998 1. CALL TO ORDER .............................................. .1- 2. INVOCATION ................................................. -1- 3. PLEDGE OF ALLEGIANCE ...................................... .1- 4. ADDITIONS TO THE AGENDA ................................... 1- 6. APPROVAL OF MINUTES ........................................ 2- 7. CONSENT AGENDA ........................................... .2- 7.A. Reports ................................................. .2- 7.B. Proclamation of Interfaith Memorial Service Honoring Four Army Chaplains - First Baptist Church - Sunday, February 1, 1998 .......... 2- 7.C. Proclamation Honoring Robert "Bob" Brackett For His Service To This Community And Designating The Weekend of January 29 - 31, 1998 As The Grand Opening Of The Courthouse Executive Center ........... .3- 7.C. Economic Development Council - Appointment of Raymond G. Conigho - Representative of Sebastian Chamber of Commerce ............... .5- 7.E. Equipment Declared Surplus for Sale or Disposal ................. .6- 7.F. Turner Builders of Vero Beach, Inc. - Request for Final Plat Approval for Somerset Subdivision - Quasi -Judicial ........................... 8- 7.G. Frank Hooper - Request for Final Plat Approval for Private Road Right -of - Way -45' Avenue ........................................ .10 - JANUARY 27, 1998 -1- BOOK 104 FAGS OB n3 BOOK 104 FAG1i99 7.H. Payments to Vendors of Court Related Costs .................... .12- 7.I. Release and Substitution of Edmonds-Moolenaar Conservation Easement - Lot 1, Block C, Lindsey Lanes Subdivision ..................... .13- 7.J. Veterans Clinic in Melbourne, Florida - Retroactive Approval for Commissioner Macht to Attend Groundbreaking on January 6, 1998 ...................................................... .14- 9.A. PUBLIC BEARING - HGI AND RALPH EVANS, TRUSTEE - REQUEST TO AMEND COMPREHENSIVE PLAN TO REDESIGNATE APPROXIMATELY 26.4 ACRES FROM M-1 TO C/I (South of SR -60 and West of I-95 - Property 2) AND TO REDESIGNATE APPROXIMATELY 26.4 ACRES FROM C/I TO C-1 (Between I-95 and Horizon Outlet Center - Property 1) ......... ................................................... .14- 11.B.1. 9-1-1 COMMUNICATIONS CENTER - RENEWAL OF MGE UPS SYSTEMS ANNUAL MAINTENANCE AGREEMENT .......... .27- 1 LB.2. BIOMEDICAL TECHNICAL SERVICES AGREEMENT - PHYSIO - CONTROL............................................. .28- 1 l.G.1. WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT - RESOLUTION FOR FLORIDA DEPARTMENT OF TRANSPORTATION GRANT .............................. .29- 1 l.G.2. KINGS HIGHWAY IMPROVEMENTS - KIMLEY-HORN ASSOCIATES 11.H. NORTH COUNTY R.O. PLANT (HOBART PARK) - WHARTON-SMITH, INC. - RETAINAGE REDUCTION .................................... .33- 13.D. ECONOMIC DEVELOPMENT COUNCIL - APPOINTMENT OF BOB TENBUS.................................................... .35 - JANUARY 27, 1998 0 -2- 11 • 13.E. CHILDREN'S SERVICES NETWORK GUIDE - DISCUSSION ON STANDARDIZED OUTCOMES GUIDED BY YEAR 2000 NATIONAL OBJECTIVES ................................................ .36- 14.A. EMERGENCY SERVICES DISTRICT ............................. .42- 14.B. SOLID WASTE DISPOSAL DISTRICT ............................ .42- 14.C. ENVIRONMENTAL CONTROL BOARD .......................... .42 - JANUARY 27, 1998 -3- &00K -1011 January 27, 1998 REGULAR MEETING OF THE 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, January 27, 1998, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Caroline D. Ginn. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Tippin called the meeting to order. 2. EWOCATION Commissioner Ginn led the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Tippin led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Commissioner Eggert requested the addition of Item 13-D, Appointment of Bob Tenbus, to the Economic Development Council. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously added the above item to the Agenda. JANUARY 27, 1998 _1_ BOOK 104 FACE �WeL 600K 1011 PAGE J 2 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of January 13, 1998. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of January 13, 1998, as written. 7. CONSENT AGENDA 7.A. REPORTS Received and placed on file in the Office of the Clerk to the Board: 1. St. Johns River Water Management District documents satisfying the requirements of Section 189.418, Florida Statutes, to file creation documents and District map (as filed with the Florida Department of Community Affairs). 2. Indian River Farms Water Control District, Notice that the Board of Supervisors meets on the 2' Thursday of each month, unless otherwise advertised and posted. 3. Indian River Farms Water Control District, Minutes of Board of Supervisors' Meetings for the Period of October, 1996 through September 1997. 7.B. PROCLAMATIONOFINTERFAITHMEMORIAL SERVICE HONORING FOUR ARMY CHAPLAINS - FIRST BAPTIST CHURCH- SUNDAY. FEBRUARY 1. 1998 The Board reviewed the following Proclamation: JANUARY 27, 1998 0 -2- 0 PROCLAMATION WHEREAS, on February 3, 1943, the USAT Dorchester was torpedoed by an enemy submarine and tragically sunk. Of the 902 young men on board, only 230 survived Among the 672 men who lost their lives were four men of God: Lt. Alexander D. Goode, a Rabbi; Lt. John P. Washington, a Roman Catholic Priest; Lt. George L. Fox, a Methodist Minister, and Lt. Clark V. Poling, a Dutch Reformed Minister - all Army Chaplains; and WHEREAS, the Four Chaplains gave their life jackets to save four soldiers and, in so doing, gave up their only means of survival. The Four Chaplains offered prayers for the dying and encouragement for the survivors. They were last seen on the deck of the ship with their arms linked together and their heads bowed in prayer as they went to their watery graves in the North Atlantic Ocean off the coast of Greenland; and JANUARY 27, 1998 0 -2- 0 11 WHEREAS, the Four Chaplains posthumously received a Special Medal for Heroism, never before given and never to be given again, for their courage, leadership and heroic conduct; and WHEREAS, by passing life's ultimate test, the Four Chaplains became an enduring example of extraordinary faith, courage and selflessness: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that an interfaith memorial service honoring the Four Chaplains will be held Sunday, February 1, 1998 at 3:00 p.m. at the First Baptist Church, 2206 16th Avenue, Vero Beach, Florida. The Board fiuther encourages the citizens of this county to attend the memorial service to honor the memory of the Four Chaplains and their supreme sacrifice. Adopted this 27 day of January, 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ippin, C hiii ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted the Proclamation. 7. C. PROCLAMATIONHONORING ROBERT "BOB" BRACKETT FOR HIS SERVICE TO THIS COMMUNITYAND DESIGNATING THE WEEKEND OF JANUARY 29 - 31, 1998 AS THE GRAND OPENING OF THE COURTHOUSE EXECUTIVE CENTER The Board reviewed the following Proclamation: JANUARY 27, 1998 -3- 0 E00K -1-0 PAGE ani 600K 104 F'AGE (W PROCLAMATION HONORING ROBERT L. BRACKETT FOR HIS SERVICE TO THIS COMMUNITY and DESIGNATING THE WEEKEND OF JANUARY 29 - 31,1998 AS THE GRAND OPENING OF THE COURTHOUSE EXECUTIVE CENTER WHEREAS, Robert "Bob" Brackett has been a long-time leader of the Downtown Vero Beach rejuvenation and beautification efforts, including the Model Block renovations, and park bench placement program; and WHEREAS, "Bob" Brackett is also the developer and owner of Pueblo Arcade, Theatre Plaza, Seminole Courtyard and the new Seminole Building, several of which are currently listed in the National Registry of Historic Buildings; and WHEREAS, in 1996, it was the desire of "Bob" Brackett to purchase and restore the former Indian River County Courthouse; and WHEREAS, the former Courthouse has been renamed the Courthouse Executive Center and it will house a number of businesses, organizations and services, and will be available for various functions, parties and business seminars: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the weekend of January 29 - 31, 1998 is dedicated to the Grand Opening of the Courthouse Executive Center. The Board fiuther extends its appreciation for the efforts of "Bob" Brackett and his family for their on-going contributions within this community. Adopted this 27 day of January, 1998. `e` BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted the Proclamation. JANUARY 27, 1998 -4- 7. C. ECONOMICDEVELOPMENT COUNCIL -APPOINTMENT OF RAYMOND G. CONIGLIO - REPRESENTATIVE OF SEBASTIAN CHAMBER OF COMMERCE The Board reviewed a Memorandum of January 20, 1998: To: Board of County Commissioners From: Carolyn K. Eggert C �' Chairman, Economic Development Pouncil Date: January 20, 1998 Re: Appointment to Economic Development Council Please approve the appointment of Raymond G. Coniglio to the Economic Development Council to fill the Sebastian River Area Chamber of Commerce position. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the appointment of Raymond G. Conigho to the Economic Development Council to fill the Sebastian River Area Chamber of Commerce position. JANUARY 27, 1998 -5- GvJK � PACE 2j5' r�,1 �.ry � IN 600K I N FA E'W06 'I 7.E. EQUIPMENT DECLARED SURPLUS FOR SALE OR DISPOSAL The Board reviewed a Memorandum of January 16, 1998: DATE: January 16, 1998 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H T. "Sonny" Dean, General Services Direct FROM: Fran Boynton -Powell, Purchasing Manager SUBJECT: Declare Equipment Surplus for Sale or Disposal BACKGROUND: The following equipment (attached list) has been declared surplus to the needs of the County. ANALYSIS: Staff recommends that authority be granted by the Board of County Commissioners to declare these items surplus and authorize its sale and/or proper disposal. FUNDING: The monies received from this sale will be returned to the appropriate accounts. RECON AENDATION: This list of surplus items will be disposed of in accordance with the provisions of Florida State Statutes. JANUARY 27, 1998 40 -6- 81• co c c -D7 r -n r-0 C) --,I N J 00 v y ''d 0 aCn b D 12523 E NO O z G S: 188 iii!n O 8853 NO 88 FORD 1 TON TRUCK 0 51 a 189 O Z 477 CD � dQ 0 CD � co EtED it 0 y ry.. • 0 C O 190 H � 0 0 � CD ►� � ham,.. W2 O. ►.s G N � p NO p CD C v' 0 CL UIQ 11527.1 NO 90 FORD F350 W/DUMPBED YES.. HIGH REPAIR COST JANUARY SURPLUS UST 1119/98 187 C 4 4 D 12523 E NO F 91 FORD F150 TRUCK G H 1 YES.. HIGH REPAIR COST 188 iii!n 314 8853 NO 88 FORD 1 TON TRUCK YES.. HIGH REPAIR COST 189 477 11717 NO 90 CHEVY CORSICA YES.. HIGH REPAIR COST 190 :• 4 11673 NO 91 CHEVY BLASER YES.. HIGH REPAIR COST 191 7402 NO 184 FORD TRACTOR MOWER YES.. HIGH REPAIR COST 192 PARKS 11527.1 NO 90 FORD F350 W/DUMPBED YES.. HIGH REPAIR COST 193 PURL 451 10181 NO 88 DODGE ARIES YES.. HIGH REPAIR COST 194 UTIL 319 8660 NO 86 FORD RANGER 4 X 4 YES.. HIGH REPAIR COST 195 UTIL 280 7069 NO 84 CHEW C 30 TRUCK YES.. HIGH REPAIR COST 196 SWDD 491 15828 NO 95 CAT 826C COMPACTOR 087X01817 YES.SURPLUSSED F/PRIV OPER. 197 SWOD 47E_ k 15653 NO 1951NTL 4900 TRUCK W/MIXER NO.SURPLUSSED F/PRIV OPER. 198 SWDD 453 15594 NO 194 CAT 826C COMPACTOR 087X01763 YES.SURPLUSSED F/PRIV OPER. 198 SWDD 15261 NO 12114 YD HENDRIX HS BUCKET 53675 YES.SURPLUSSED F/PRIV OPER. 200 SWDD 446 13927 NO LS20H LINK BELT DRAGLINE C31.120252 YES.SURPLUSSED F/PRIV OPER. 201 SWDD 13460 NO GOULDS 10 H.P. ELEC PUMP YES.SURPLUSSED F/PRIV OPER. 202 SWDD SOF 12121 NO 90 D7H DOZER CAT. 79Z480 YES.SURPLUSSED F/PRIV OPER. 203 SWDD 061 > 11103 NO 90 FREIGHTLINER DUMP TRUCK LH410318 YES.BEING REP W/NEW VEHICLE 204 SWDD 62A 9949 'NO 88 CAT D7H DOZER 079201630 YES.SURPLUSSED F/PRIV OPER. 20b SWDD 1 356 9329 NO 1871 TON CHEV TRUCK 1 GBHR34KXHS183045 YES.MINOR DAMAGE 208 SWDD 1 398 9924 NO 88 GMC C35001 TON TRUCK 1 GDHR34KXJJ514662 YES.NEEDS REPAIRS 207 SWDD 1 190 3839 NO 81 FORD F-250 1 FTEF25ECOUA09394 YES.SURPLUSSED F/PRIV OPER. 208 SWDD 447 14034 NO 623E ELEVATED SCRAPER 08YF00246 YES.SURPLUSSED F/PRIV OPER. 209 SWOD 12251 NO 90 2908T FORD TRASH PUMP P185 YES.SURPLUSSED F/PRIV OPER. 210 PARK 182 15105 NO MOWER/TRAC. SCAG 52" CUT 10440078 YES.FUNS SLOW, ENO. NEEDS WORK 211 PARK 192 156001 NO TRAC GRASSHOPPER 52" CUT 452191 IYES HIGH REPAIR COST a r- � - SOUK U 4 PAGE 2 7 7.F. TURNER BUILDERS OF VERO BEACH, INC- -REQUEST FOR FINAL PLAT APPROVAL FOR SOMERSET SUBDIVISION- QUASI-JUDICIAL The Board reviewed a Memorandum of January 19, 1998: TO: James E. Chandler County Administrator DYKS—IPN HEAD CONCURRENCE: l� Roberteating, A1C Community Development Director A -19 - THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP i'A Senior Planner, Current Development DATE: January 19,1998 SUBJECT: Turner Builders of Vero Beach, Inc.'s Request for Final Plat Approval for Somerset Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 27, 1998. DESCRIPTION AND CONDITIONS: Somerset Subdivision is a 10 lot subdivision of a 3.58 acre parcel of land located on the north side of 30th Street at 11th Terrace. The subject property is zoned RS -3, Residential Single Family (up to 3 units per acre) and has a land use designation of L-1, Low Density 1 (up to 3 units per acre). The density of the subdivision is 2.79 units per acre. On December 19, 1996, the Planning and Zoning Commission granted preliminary plat approval for Somerset Subdivision. The developer, Turner Builders of Vero Beach, Inc., subsequently obtained a land development permit and has completed construction of the required subdivision improvements. The developer is now requesting final plat approval and has submitted the following: 1. A final plat in conformance with the approved preliminary plat. 2. A certificate of completion for all required improvements. All required subdivision improvements have been constructed by the developer, and the developer has obtained a certificate of completion from public works certifying that all required improvements are complete and acceptable. All proposed subdivision improvements are privately dedicated, with the exception of the utility system, which is separately warranted through the Department of Utility Services. Therefore, no warranty and maintenance agreement for publicly dedicated improvements is required. All requirements of final plat approval are satisfied. Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Somerset Subdivision. JANUARY 27, 1998 -8- f • • N MED co — _� BUCKIbIGI rPI 18 1 II 0'T_9. 17 E ST. 12 T 7 17 4 13 6 11 14 5 •14 b 5 > O 13 8 x 15 4 6 12 7=16 3n��: __ __� 11 8 2•17 2ix J ��•� ., s ar-o1 :c a •1 Z-qc,�u.ivaylale�nn ROYAL COURT — TFOQT 8 C 28TH �. �+ ; 918!71 31211 T9.817 '4133'zTl 85II�: 8�5;E2w ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously granted final plat approval for Somerset Subdivision, as recommended by staff. JANUARY 27, 1998 BOOK U 4 FAGE 7. G. FRANKHOOPER - REQUEST FOR FINAL PLAT APPROVAL FOR PRIVATE ROAD RIGHT =0F -WAY- 45THAyENUE The Board reviewed a Memorandum of January 21, 1998: TO: James E. Chandler County Administrator DATE: January 21, 1998 D S N HEAD CONCURRENCE: Robert M. Keating, 'A'15 77 Community Development THROUGH: Stan Boling, AICP Platming Director FROM: Eric Blad 15, Staff Planner, Curren Development SUBJECT: Frank Hooper's Request for Final Plat Approval for a Private Road Right -of -Way (45th Avenue Private Cul -de -Sac) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 27, 1998. DESCRIPTION AND CONDMONS: At its regular meeting of January 8, 1998, the Planning and Zoning Commission approved the proposed preliminary plat for a private road right-of-way for a segment of 45th Avenue. Carter Associates, Inc., on behalf of Frank Hooper, is now requesting final plat approval for a private road right-of-way to be known as 45th Avenue. The subject roadway will be a private cul-de-sac segment of45th Avenue approximately 588' in length, located perpendicular to and on the south side of 8th Street, 775' west of 43rd Avenue. The requested private road plat will create right-of-way frontage for 5 large lots proposed by the applicant under a special affidavit of exemption request. The affidavit of exemption request submitted by the applicant proposes the creation of five 5+ acre parcels from a single 29f acre parcel (see attachment #4). Affidavits of exemption, which are approved at a staff level, allow the creation of parcels without platting lots and constructing formal subdivision improvements (eg. paved roads) provided each proposed parcel contains at least 200,000 square feet and satisfies minimum road frontage and access standards. All 5 proposed parcels are larger than 200,000 square feet and will be accessed from the proposed 45th Avenue roadway. Prior to staff approval of the applicant's affidavit of exemption request, the applicant must plat a private road right-of-way, such as the one now requested, to create legal road frontage for each proposed lot. The Board of County Commissioners is now to consider granting final plat approval for the private ANALYSIS• The County's land development regulations allow for the platting of unimproved private road right-of- way if such right-of-way does not serve a formal subdivision. Such is the case with this request. Under these provisions, platted private right-of-way roadways are exempt from road and drainage improvements, but must satisfy county standards in regard to access, alignment, dimensional requirements and environmental issues. The proposed final plat satisfies applicable regulations for creation of a private road right-of-way plat, and can be approved independent of the affidavit of exemption request now being processed by staff. Since the submitted final plat is in conformance with the approved preliminary plat and no improvements or dedications are required, the final plat request satisfies all final plat prerequisites. Based upon analysis performed, staff recommends that the Board of County Commissioners grant final plat approval for the proposed 45th Avenue private road right-of-way. JANUARY 27, 1998 0 -10- 0 • MN J i J� Q6 O Z N W J n RS -3 \ \ I --- TR'7 r 21 6 7 TR.B 23 20 9 6 WE T 24 2 19 10 = 5 EA1 10W.' 25 19 11 • z9 = 17 1z 3 i 27 16 13 2 1 Is I• � �i i 4TH 3T is - ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously granted final plat approval for the 45h Avenue private road right-of-way, as recommended by staff. JANUARY 27, 1998 BOOK PdGE 7.H. PAYMENTS TO VENDORS OF COURT RELATED COSTS The Board reviewed a Memorandum of January 16, 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attomeyolvo DATE: January 16, 1998 SUBJECT: Payments to Vendors of Court Related Costs The Office of the County Attorney has processed and approved payment to the following vendors for the week of January 19. Listed below are the vendors names and the amount of each court related costs (vendors frequently used are for transcription costs). Pegasus Travel 326.50 Nicole Manz, Esq. 233.68 Great Western Bank 8.70 Shirley E. Corbin 255.50 Gene Weaver & Associates 150.00 Linda Copeland 129.50 William Bressett 60.00 Sheila I. Flinn 213.50 Barbara G. Schopp 38.50 C. Jonathan Ahr, Ph.D. 200.00 Ted Heath 287.90 Pegasus Travel 261.00 Michael H. Bloom, Esq. 2,388.75 Shirley E. Corbin 203.00 Avis 33.79 Fairwinds Travel & Tours, Inc. 467.89 Edward .I AharP III 11a QO Linda Copeland 108.50 Linda Copeland 56.00 Linda Copeland 70.00 Barbara G. Schopp 94.50 J R Reporting Associates, Inc. 25.00 James T. Long, Esq. 6,900.00 Richard L. Lamb, Esq. (� `� 3.905.00 Total APS" �VE7 FOR E �.0 �cE IPJIi ;, CCNScP�JT AGENDA 16,633.6 COUNTY ATTORNEY ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved payment to the vendors in the amounts listed in staffs Memorandum, as recommended by staff. JANUARY 27, 1998 ZL RELEASE AND SUBSTITUTION OF EDMONDS-MOOLENA" CONSERVATIONEASEMENT - LOT 1, BLOCK C. LINDSEYLANES SUBDIVISION The Board reviewed a Memorandum of January 20, 1998: TO: The Board of County Commissioners FROM: W William G. Collins II - Deputy County Attorney DATE: January 20, 1998 SUBJECT: Release and Substitution of Edmonds/Moolenaar Conservation Easement - Lindsey Lanes Subdivision BACKGROUND: On July 26, 1994 the Board of County Commissioners approved the concept of creating a 3-1/2 acre native upland "land bank' to be utilized in future situations where circumstances within the Lindsey Lanes Subdivision required the release of platted conservation easements. The original developer, Stolle Development Corporation, placed approximately 3-1/2 acres of contiguous property which they owned south of 13th Street, S.W. and west of 27th Avenue under a conservation easement. The conservation easements within Lindsey Lanes Phase I Subdivision were at times precluding the development of accessory uses such as swimming pools on certain lots. Since the approval of the "land bank" by the County Commission and recordation of the Conservation Easement at O.R. Book 1030, Page 428, Public Records of Indian River County on August 11, 1994, the Board has approved releases on 21 lots. REQUEST: Brett Matthew Edmonds and April Ann Moolenaar, the owners of Lot 1, Block C, cannot install a patio and/or pool without a release of the conservation easement. The proposal before the Board would release the conservation easement from their lot. The unutilized square footage in the land bank area stands at approximately 116,658 square feet at this time. If granted the remaining acreage in the land bank covered by a conservation easement would exceed amounts released by 114,858 square feet or 2.6 acres t. RECOMMENDATION: Authorize the Chairman to execute the attached Release and Substitution of Conservation Easement for Lot 1, Block C. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the Release and Substitution of Conservation Easement for Lot 1, Block C, Lindsey Lanes Subdivision, Phase I and authorized the Chairman to execute same, as recommended by staff. RELEASE WILL BE RECORDED IN THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY JANUARY 27, 1998 -13- BOOK tD� FACE "31 BOOK 104 pni 214 7.J. VETERANS CLLvICINMELBOURNE, FLORIDA -RETROACTIVE APPROVAL FOR COMMISSIONER MACHT TO ATTEND GROUNDBREAKING ON JANUARY 6,1998 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved, retroactively, travel for Commissioner Macht to attend the Groundbreaking for the Veterans Clinic in Melbourne, Florida on January 6, 1998. 9.A. PUBLIC HEARING - HGI AND RALPH EVANS, TRUSTEE - RUEST TO AMEND COMPREHENSIVE PLAN TO REDESIGNATE APPROXIMATELY 26.4 ACRES FROM M-1 TO CA (South of SR -60 and West of I-95 - Property 2) AND TO REDESIGNATE APPROXIMATELY 26.4 ACRES FROM CA P.O. Box 9268 Vero Beach, Flodda 32969 562-2345 ., Preto Journal COUNTY OF INDIAN RR/ER: STATE OF FLORIDA Before the undersigned authori personally aPPeared Darryl K Pricks who on oath says that he is President of the Press -Journal, a d�Y newsPaP� published at Vero Beach in Lydian River County, Florida: that 0#7 billed was published in saidnewspaper in the Issue(s) Of 2.1 Sworn to and subscribed before metra -is D$ - Y 4 �D� .:------- President •• �....�,IIMIEAI8 • �. 9i i I 4.. * j �tsgrrrlsa:w C 8 a+lwerof. Notary Put�ISe. State of Flodda ExP Jan 2001 : :; OIWt l0 rti110it : Q r • : e ; My Com .01. Comm No. CC 811092 13 :i' pQ.• PereoaallyKnwm«ProducedlD �•_'' �B[/C ri►1fc .r •�• Type of ID Proauaod --- JANUARY 27, 1998 0 -14- • JANUARY 27, 1998 • NOTICE OF COMPREHENSIVE PLAN LAND USE DESIGNATION AMENDMENTS r w � N 1 ' wnawnnr:i ••:: ..._ i L------ - •:::::! C/I M.0 The Board of County Commissioners of Indian River County, Flor- Ida, will consider a proposal to amend its Comprehensive Plan to change the use of land within the unincorporated portions of Indian River County. A public hearing on the proposals will be held on Tuesday, January 27, 1998 at 9:05 a.m. in the County Commission Chambers of the .County Administration Building, located at 1840 25th Street, Vero Beach, Florida. At this public hearing the Board of County Commissioners will consider authorizing transmittal of this amendment to fhe State Department of Community Affairs for Its re- view. The proposed amendment Is Included In a proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COM- PREHENSIVE PLAN BY CHANGING THE LAND USE DESIG- NATION FOR: 1. +/-28.4 ACRES LOCATED BETWEEN 1-95 AND THE HORI- ZON OUTLET CENTER, FROM C/I TO C-1; AND 2. +/-28.4 ACRES, LOCATED APPROXIMATELY ONE HALF MILE SOUTH OF SR 60 AND APPROXIMATELY ONE EIGHTH MILE WEST OF 1-95, FROM M-1 TO C/I; , AND PROVIDING CODIFICATION, SEVERABILITY, AND EF- FECTIVE DATE. Interested parties may appear and be heard at the public hearing regarding the approval of these proposed Comprehensive Plan Amendment The plan amendment application may be Inspected by the public at the Community Development Department located on the second floor of the County Administration Building located at 1840 25th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information. contact John Wachtel at 56748000, extension 247. The proposed ordinance may be inspected by the public between 8:30 a.m. and 5:00 p.m. at the office of the Clerk to the Board of County Commissioners, 1840 25th Street, Vero Beach, Florida. NO FINAL ACTION ADOPTING THE PROPOSED ORDINANCE WILL BE TAKEN AT THIS MEETING. 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 is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities (ADA) Coordinator at 587-8000, extension 223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- John W. Tippin, Chairman :ae�s -15- BOOK PA0E4�1 V 600K _104 PAGE "216 The Board reviewed a Memorandum of January 19, 1998: TO: James E. Chandler County Administrator D TMENT HEAD CONCURRENCE J / Robert M. Keating, AfCP / Community Development hecto(' ,7 THROUGH: Sasan Rohan4 AICP 15 .df, Chief, Long -Range Planning FROM: John Wachtev' Senior Planner, Long -Range Planning DATE: January 19,1998 RE: HGI AND RALPH EVANS, TRUSTEE, REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE APPROXIMATELY 26.4 ACRES FROM M-1 TO C/I; AND TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE APPROXIMATELY 26.4 ACRES FROM C/I TO C-1 PLAN AMENDMENT NUMBER LUDA 97-11-0023 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 27, 1998. This is a request to redesignate approximately 126.4 acres from M-1, Medium -Density Residential -1 (up to 8 units/acre) to C/I, Commercial/ Industrial, while simultaneously redesignating a contiguous ±26.4 acre tract from CA, Commercial/Industrial, to C-1, Publicly Owned or Controlled Conservation (zero density). In contrast to node expansion, this request will not increase the amount of C/I designated land in the county. Rather, this request will reconfigure the SR 60/1-95 C/I node. The property to be redesignated from C/I to C-1 is located between I-95 and the existing Horizon Outlet Center. That property will be referred to as Subject Property I. Although not to be formally considered at this time, the request involves rezoning Subject Property 1 from the CG, General Commercial, District, to Con -1, Publicly Owned or Controlled Conservation District (zero density). While Subject Property 1 is not publicly owned, public control of the site will be secured through a conservation easement to the St. Johns River Water Management District. The oronerty to be redesignated from M -l. Medium -Density Residential -t fin tn R,rnitc/acre) to CIT. Commercial/Industrial, is located approximately one half mile south of SR 60 and approximately one eighth of a mile west of I-95. This property will be referred to as Subject Property 2. Although not to be formally considered at this time, the request involves rezoning Subject Property 2 from RM -6. Multiple -Family Residential District (up to 6 units/acre) to the CG, General Commercial, District. The purpose of this request is to reconfigure the shape of the existing commercial area boundaries to accommodate an expansion of the outlet center. The request is needed to secure the necessary land use designation and zoning district to develop Subject Property 2 with commercial uses. In addition to the existing 333,000 square foot outlet center, HGI proposes to construct a commercial complex containing 305,000 square feet of retail, 15,000 square feet of restaurant, 12 movie screens, 280 hotel rooms, a 9 hole golf course and other improvements. A portion of that expansion is proposed to occur on Subject Property 2. The entire project (existing and expansion) is being reviewed as a Development of Regional Impact (DRI). The proposed DRI will be reviewed by the Planning and Zoning Commission and the Board of County Commissioners before a final action is taken on the plan amendment/rezoning request. The boundaries of the DRI area, depicted on attachment 5, extend east to I-95 and south more than one quarter of a mile from Subject Property 2. JANUARY 27, 1998 0 -16- 9 On January 8, 1998, the Planning and Zoning Commission voted 6 to 0 to recommend that the Board of County Commissioners transmit the proposed land use amendment to the State Department of Community Affairs (DCA) for their review. Although the number of plan amendments that a local government may consider is not limited, the frequency with which local governments can amend their comprehensive plan is regulated by state law. According to Florida Statutes, plan amendments are limited to twice per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January and July. All requests submitted during each window month are processed simultaneously. That method ensures that plan amendments will be adopted no more than twice a year. State law, however, provides several exceptions to the twice per year limitation. One of those exceptions is for plan amendments, such as the subject plan amendment request, that are associated with DRIB. For that reason, the subject request is exempt from the twice per year adoption limit, and the county may accept the application at any time. The procedures for reviewing Comprehensive Plan amendments associated with DRIs are the same as those applied to non -DRI amendments. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners. Also, the Planning and Zoning Commission may recommend approval of or deny the rezoning portion of the request. If the rezoning request is denied, only the land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. Following Planning and Zoning Commission action, the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the land use amendment request. At that hearing, the Board determines whether or not the land use amendment warrants transmittal to the State Department of Community Affairs (DCA) for further consideration. A Board of County Commissioners decision not to transmit the land use amendment to DCA constitutes denial of both the land use amendment and rezoning requests. IT the land use amendment is transmittea. DCA conducts a review which includes soliciting comments from the Treasure Coast Regional Planning Council (TCRPC), several state agencies, and neighboring local governments. After its review. DCA compiles its comments, if it has any, in an Objections, Recommendations, and Comments (ORC) Report, and transmits that report to the county. After addressing any issues that were raised in the ORC Report, the second and final Board of County Commissioner, public hearing is conducted. The Board takes final action to approve or deny the land use amendment and rezoning requests at that time. The DRI review is conducted by the TCRPC in conjunction with local and state agencies. The focus of this review is on the environmental, social, economic, and physical impact of the proposed development on the local and regional area. Following the TCRPC review and recommendation, the Planning and Zoning Commission will review the application and make a recommendation to the Board of County Commissioners. In this case, the Planning and Zoning Commission will probably review the DRI application in March, 1998. After Planning and Zoning Commission review, the Board of County Commissioners will Consider the DRI proposal and corresponding draft Development Order (DO). The DO constitutes an agreement between the county and the developer, and identifies the necessary improvements and conditions which will govern the overall development. These improvements and conditions can include factors such as type of buildings, general retail mix, buffers, parking, and off-site improvements. In this case, the Board will consider approving the proposed DO in a separate hearing to be held immediately following the final adoption public hearing for the Comprehensive Plan amendment. If the DO is approved, then the development will undergo the standard site plan review and approval process. JANUARY 27, 1998 -17- 600K 104 PAGE 42-17 Ir I 60UK 104 PAGE 218 - Subject Property 1 Subject Property 1 and adjacent properties to the north and west are zoned CG. Subject Property 1 consists of a 112.7 acre borrow pit, t7 acres of freshwater wetland, and t6.7 acres of undeveloped pine flatwoods. The Horizon Outlet Mall borders the northern portion of Subject Property 1's western boundary. Land along the southern portion of that boundary primarily consists of undeveloped pine flatwoods. Subject Property 2, bordering Subject Property 1 on the south, is zoned RM -6 and primarily consists of undeveloped scrubby flatwoods. I-95 borders Subject Property 1 on the east. - Subject Property 2 Subject Property 2 and properties to the east and south are zoned RM -6 and consist primarily of undeveloped scrubby flatwoods. North of Subject Property 2, land is zoned CG and primarily consists of undeveloped pine flatwoods. A-1, Agricultural District (up to lunit/5 acres), zoned citrus groves are located west of Subject Property 2. Forested freshwater wetlands are located between those groves and the irregular western boundary in the southern portion of Subject Property 2. Those forested wetlands are zoned RM -6. -Subject Property 1 3uoject rropem i ana tangs to the north. east, ana west are aestgnatea G1. CommercraLlndustrial. This designation permits various commercial and industrial zoning districts. Land to the south of Subject Property 1 is designated M-1, Medium -Density Residential -1, on the county's future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. - Subject Property 2 Subject Property 2 and properties to the south, east, and west are designated M-1. Medium -Density Residential -1, on the county's future land use map. Land to the north of Subject Property 2 is designated CA, Commercial/Industrial, on the county's future land use map. Environment - Subject Property 1 The northern f7 acres of Subject Property 1 contain a freshwater wetland. The site also contains f6.7 acres of pine flatwoods. Several listed plants and animals have been observed on site. The site is not within a flood hazard area. - Subject Property 2 Subject Property 2 primarily consists of scrubby flatwoods. Several listed plants and animals have been observed on site. Portions of the site are within Flood Zone A, with a presently undetermined minimum base flood elevation requirement. Tlus indicates that the property is within the 100 year floodplain. Utilities and Servicec Water lines extend to within a quarter mile of both subject sites from the South County Reverse Osmosis Plant, while wastewater lines extend to within a quarter mile of the sites from the West Regional Wastewater Treatment Plant. C. _ � � r • �_ � R. Y - q SR 60 provides access to both sites. West of I-95, SR 60 is classified as a principal arterial roadway on the future roadway thoroughfare plan map. This segment of SR 60 is a two-lane paved road with approximately 200 feet of existing public road right-of-way. This segment of SR 60 is currently programmed for expansion to four lanes by 1999. JANUARY 27, 1998 -18- F-1 LJ ANS In this section, an analysis of the reasonableness of the application will be presented. Following a discussion of plan amendment review standards, this section will include the following: • an analysis of the proposed amendment's impact on public facilities; • an analysis of the proposed amendment's compatibility with the surrounding areas; • an analysis of the proposed amendment's consistency with the comprehensive plan;and • an analysis of the proposed amendment's potential impact on environmental quality. Plan Amendment Review Standards Unlike most land use designation amendment requests, this request does not involve an increase in land use intensity. As proposed, the request involves a minor reconfiguration, rather than an expansion, of the commercial/industrial node. ror tnis reason. the suoiect request can oe cnaractenzea aurerentiv trom most pian amendments. Typically, plan amendments involve increases in allowable density or intensity of development. As such, the typical amendment would result in impacts to public facilities and changes to land use patterns. Consequently, both the county comprehensive plan and state policy dictate that a high standard of review is required for typical plan amendments. This standard of review requires justification for the proposed change based upon adequate data and analysis. The subject amendment, however, differs significantly from a typical plan amendment request. Instead of proposing density or intensity increases, the subject amendment involves only a locational shift in future land uses with an overall decrease in land use intensity. Staffs position is that these different types of plan amendments warrant different standards of review. Since the typical type of amendment can be justified only by challenging the Projections, need assessments, and standards used to prepare the original plan, a high standard of review is justified For amendments involving just shifts in land uses and no intensity/density increase, less justification is necessary. This recognizes that no single land use plan map is correct and, that many variations may conform to accepted land use principles and meet established plan policies. In fact, the county is in the process of updating the comprehensive plan to specifically allow future land use map amendments that do not increase the county's overall land use density or intensity. That change was recommended in the county's adopted Evaluation and Appraisal Report (FAR), which was found sufficient by DCA. EAR based amendments, including that recommendation, have been transmitted to DCA for review. Based on DCA's review of the EAR, no objections to that change are anticipated. Both sites comprising this request are 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. To ensure that the minimum acceptable standards for these services and facilities are maintained, the comprehensive plan requires that new development be reviewed For land use designation amendment requests. this review is undertaken as part of the conditional concurrency determination application process. As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. For the subject request, the size of the C/I node will not change, although the node's shape will be reconfigured. Additionally, 46.4 acres of M-1 designated land with a development potential of 211 units (26.4 acres X 8 units/am = 211 units), will be eliminated, while the same amount of C-1 designated land, with no development potential, will be added. That "swap" will result in an overall decrease in land use intensity of 211 units. Therefore, this land use amendment request is exempt from concurrency review because the requested land use designation changes would not increase the potential land use intensity that the sites could accommodate. It is important to note that approval of this request will not affect service levels for any public facility. 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. r� L JANUARY 27, 1998 -19- BOOK 104, PAGE:, L Ir -I 600K IN PAGE 220 Granting the proposed request would result in development on the subject properties that is compatible with surrounding areas. Typically, land use impacts are most significant where reswenuai ueveiopment aouts commercial, inausmat aeveiopment. i nose Impacts can incivae noise. lights, and aesthetic concerns. For the proposed amendment, such impacts could occur along the south, east, and west boundaries of Subject Property 2. In such situations, county land development regulations somewhat mitigate potential impacts through site design and by requiring commercial/industrial development to provide vegetative buffers. In this case, the legally binding DRI Development Order provides assurance that land to the south and east, and the land along the south ±843 feet of the west boundary of Subject Property 2 will be developed with conservation, recreation and/or open space uses. The remaining land west of Subject Property 2 consists of a citrus grove. Although currently zoned A-1, that land is designated for residential development. Therefore, granting the proposed amendment would result in ±485 feet where commercial and residential land development would be most likely to impact each other. That is a substantial decrease from the existing ±1,300 feet. Several factors, however, work to mitigate the potential impacts of commercial development on land to the west of Subject Property 2. In addition to required buffers and the provisions of the SR 60 Corridor Plan, the DRI Development Order requires that a parking area, rather than buildings, be placed in that portion of Subject Property 2. Another mitigating factor is physical separation. In this case, additional separation is provided by 60 feet of Indian River Farms Water Control District right- of-way. That right-of-way is used for a drainage ditch Finally, at nearly 40 acres, the property west of Subject Property 2 is large enough to provide additional buffers if desired. For these reasons, staff feels that the proposed land use amendment would not increase potential incompatibilities with surrounding areas. _! •1t 4[!407}, Land use amendment and rezoning requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(1) of the land development regulations, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2)F.S." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions—including plan amendment and rezoning decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following policies. - Future Land Use Element Policy 13.3 In evaluating a land use amendment request, the most important consideration is Future Land Use Element Policy 13.3. This policy requires that one of three criteria be met in order to approve a land use amendment request. These criteria are: • a mistake in the approved plan; • an oversight in the approved plan; or 49 a substantial change in circumstances affecting the subject property. Future Land Use Element Policy 13.3 is especially important when evaluating land use amendment requests to increase density or intensity. Compared to such requests, amendments that do not increase density or intensity warrant a lower level of scrutinv. In fact, the county's Evaluation and Appraisal Report (EAR) of the comprehensive plan recommends adding a fourth criteria to Future Land Use Element Policy 13.3. That criteria would specifically allow future land use map amendments that do not increase the county's overall land use density or intensity. The EAR has been adopted by the Board of County Commissioners and found sufficient JANUARY 27, 1998 -20- 0 0 by DCA. EAR based amendments, including the revised Future Land Use Element Policy 13.3, have been transmitted to DCA for review. Based on DCA's review of the EAR, no objections to the revised Future Land Use Element Policy 13.3 are anticipated In this case, the subject request is for a minor node reconfiguration and a decrease in land use intensity. With respect to Policy 13.3, staff feels that the proposed land use amendment meets the policy's third criterion. For typical amendment requests, substantial evidence justifying a change in circumstances would need to be documented Because the subject amendment involves only a re -orientation of future land uses, as well as a decrease in land use intensity, a physical change in circumstances need not be documented In this case, the change in circumstances relates to overall land use efficiency. The proposed amendment would allow commercial development, consistent with market demand, while simultaneously increasing publicly controlled conservation areas and environmentally important wetland habitat. That environmentally important wetland habitat (Subject Propertyl) is currently designated C/I. Because that habitat is more appropriately designated C-1, and does not require a C/I land use designation, and because there is a demand for the C/I designation on Subject Property 2, the proposed node reconfiguration would increase overall land use efficiency. By facilitating the creation and public control of the wetlands without a large expenditure of public resources. the proposed amendment is the most efficient manner in which to protect and preserve that land Staffs position is that the opportunity to increase publicly controlled conservation areas and to increase environmentally important wetland habitat constitutes a change in circumstances affecting the subject properties. Therefore, the proposed amendment meets the third criterion of Future Land Use Element Policy 13.3 and is consistent with Future Land Use Element Policy 13.3. - Future Land Use Element Policy 1.4 Future Land Use Element Policy 1.4 states that the conservation land use designations are applied to those areas which are vital or essential to the normal functions of ecosystems and have been identified in the Conservation Element as meriting preservation. The wetlands that currently exist and that will be created on Subject Property 1 meet that criteria. Because the proposed amendment redesignates Subject Property 1 to Conservation, the amendment is consistent with Future Land Use Element Policy 1.4. - Future Land Use Element Policy 1.15 Future Land Use Element Policy 1.15 states that the commercial land use designation should be within the urban service area and is intended for retail and wholesale trade, offices, business and personal services, and similar uses. Near the existing portion of the Horizon Outlet Center, adjacent to commercially designated and zoned land, within the urban service area, with access to SR 60, and with urban services available, Subject Property 2 is appropriate for commercial uses. The proposed amendment would allow commercial development on Subject Property 2. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.15. - Future Land Use Element Policy 1.20 Future Land Use Element Policv 1.20 states that nodes shall have a desienated size based on the intended use and service area population, existing iand use pattern and other demand characteristics. The amount of CA designated land is based on service area population, the existing land use pattern. and other demand characteristics. The proposed amendment will not alter the amount of C/I designated land. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.20. JANUARY 27, 1998 0 -21- BOOK 10"! FAGE 4�� boa 104 PAGE X4'1 - Future Land Use Element Policy 1.21 Future Land Use Element Policy 1.21 states that node boundaries should provide for efficient land uses and maximum use of transportation facilities while eliminating strip development. By adding depth to the existing node, the proposed amendment works to limit strip commercial development along SR 60. For these reasons, the proposed amendment is consistent with Future Land Use Element Policy 1.21. - Future Land Use Element Policy 1.23 Future Land Use Element Policy 1.23 states that 70% of the land area of a node should be developed with non-residential and non-agricultural uses before that node is considered for expansion. The intent of this policy is to regulate increases in the amount of C/I designated land. Since the proposed amendment does not increase in the amount of C/I designated land in the subject node, Future Land Use Element Policy 1.23's 70% developed standard does not apply to this amendment. - Economic Development Element Policy 6.2 Economic Development Element Policy 6.2 states that the county shall evaluate the configuration of nodes to ensure they can properly provide for growth. Since the proposed amendment reconfigures the subject node to better provide for growth, the proposed amendment implements Economic Development Element Policy 6.2. - Conservation Element Objective 5 Conservation Element Objective 5 states that there will be no net loss of the natural functions provided by wetlands or deepwater habitats in Indian River County. By redesignating Subject Property 1 to C-1, the proposed amendment works to implement this objective by facilitating the preservation of existing wetlands and the creation of new wetlands. - Conservation Element Objective 7 Conservation Element Objective 7 stresses the need to work with state, regional and federal agencies to protect listed species and important habitat. The redesignation of Subject Property 1 to C- I combined with other provisions of the DO (native upland plant community preservation, listed species surveys, wetland creation, etc.) work to protect both species and habitat. For that reason, the proposed amendment implements Conservation Element Objective 7. As part of the staff analysis, all policies in the comprehensive plan were considered. Based upon this analysis, staff determined that the proposed land use designation amendment is consistent with the comprehensive plan. The development of Subject Property 2 will cause a loss of environmentally important wetlands. To mitigate that loss, the applicant has agreed to enlarge and conserve a nearby wetland (Subject Property 1). Thus. the negative environmental impacts of development on Subiect Pronertv 2 are balanced by enhancement and conservation of Subject Property 1. For that reason. the proposed amendment would have no significant negative environmental impact. The proposed amendment is consistent with the comprehensive plan, compatible with all surrounding land uses, and will cause no adverse impacts on the environment or the provision of public services. The proposed change increases land use efficiency and facilitates economic development while mitigating environmental impacts through habitat enhancement and conservation. 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 transmit this request to DCA. JANUARY 27, 1998 • -22- • s S 0 KqAR «SwN _ u III ti ,1 vv R RS 6T o CG 1 xl CH 1 � I SR.60 It to 7O TRII ; I I r TR 9 � 1 v r 1 } COMbI PARK I I g I I � I II HORIZON OUTLET MALL...,..<' F.' 814 17815 >`.': %':':';i%; -L - of TREE •o • CG I •,:• STR! l ARK C/•I� •r' o/. SUBJECT`:;::<:;. • .y PROPERTY`<::: + IL 9 #1.' ♦ •�•of ' • ' , Y I V 0 TR 3 — — — 11 TF —c — �` ``ate. � • � � ST SUBJECT �o PROPERTY I A-1 #21 J I1 1 I I _Z —TR6 --I TR 7 8 fl I I I RM -6 ;II N • 1 !s I RMH-8 II m I I d>rSt1 S rl rl ' N - Fi I II I 7TR I I — — �' — — — — — — — —� — — — — -- ! L — F Rio y - �.0 1.: r � I , 4. 311 _ .••° � I � I I �.- .-��,•_ .III ZONING ATl'ACtMM 4 JANUARY 27, 1998 -23- BOOK 104 PAGE21"j Fr- 'I BOOK 104 PAGE 224 Community Development Director Robert Keating reviewed the Comprehensive Plan amendment process, advising that this is the first public hearing before the Board of County Commissioners on this land use amendment request. If the Board approves the transmittal of this application to the Department of Community Affairs (DCA) in Tallahassee for their 60 -day review, a second and final public hearing will be scheduled to consider any comments made by the DCA and whether to adopt an ordinance amending the Comp Plan by redesignating the land use. If the Board denies the transmittal of an application to the DCA, the application process will come to an end. Director Keating continued that this application is different because it is exempt from the twice -a -year amendment limitation because it is associated with a Development of Regional Impact (DRI) application. It is being submitted at this time so that the amendment can be considered along with the DRI at a public hearing set for May 26, 1998. Director Keating then displayed the Land Use drawing on the ELMO and advised that Subject Property #1, which is north of the dark line is commercial -industrial and Subject Property #2 to the south is zoned M-1, which is residential, limited to 8 units per acre. The application is to change Property # 1 to a Conservation zoning which has zero density and to change Property #2 to C/I. This change does not create any more commercial land and is a significant reduction in overall intensity. The Planning & Zoning Commission voted 6-0 to recommend approval. The Regional Planning Council has now finished its review of the DRI and the County has set the public hearing date for the DRI application. Staff recommends approval. Commissioner Eggert questioned whether Property #2 was involved in the problem of access to and from I-95, and Director Keating responded those properties were further to the south. Commissioner Ginn commented that this change converts residentially zoned property to commercially zoned property. Commissioner Adams questioned how much total acreage is zoned commercial on the west side of I-95, and Director Keating advised it is a little more than a section, 640 acres. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. JANUARY 27, 1998 -24- i • • ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board, by a 4-1 vote (Commissioner Ginn opposed) approved Resolution 98-015 approving the transmittal of a proposed Amendment to the Indian River County Comprehensive Plan to the State of Florida, Department of Community Affairs, for its review. RESOLUTION NO. 98-15 A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL, OF A PROPOSED AMENDMENT TO THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR ITS REVIEW. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received a comprehensive plan amendment application that is directly related to a proposed Development of Regional Impact, and WHEREAS, pursuant to section 163.3187 F.S., comprehensive plan amendment applications that are directly related to proposed Developments of Regional Impact are exempt from the twice per year amendment submittal window requirements, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on January 8, 1998 after due public notice, and WHEREAS, the Local Planning Agency voted 6 to 0 to recommend that the Board of County Commissioners transmit the comprehensive plan amendment listed below, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on January 27, 1998, after advertising pursuant to F.S. 163.3184(15)(b)(1), and WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. 0 JANUARY 27, 1998 -25- SOUK 104 FAGS 2-'0"-5 L ,.q� �y v L� d WK A U r�Iui�,�u RESOLUTION NO. 98- 15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to the State of Florida Department of Community Affairs: Request to amend the Future Land Use Map of the Comprehensive Plan from M-1, Medium -Density Residential-1(up to 8 units/am) to C/I, Commercial/Industrial for ±26.4 acres located approximately one half mile south of SR 60 and approximately one eighth mile west of I-95; and to amend the Future Land Use Map of the Comprehensive Plan from C/I, Commercial/Industrial to C-1, Publicly Owned or Controlled Conservation-1(zero density) for ±26.4 acres located between I-95 and the Horizon Outlet Center. The forgoing Resolution was offered by Commissioner Eggert and seconded by Commissioner Adams and upon being put to a vote the vote was as follows: Chairman John W. Tippin 40 Vice -Chairman Kenneth R. Macht _Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Nay Commissioner Carolyn K. Eggert Ave The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 271 day of January 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A JANUARY 27, 1998 -26- , Ac!c. 11 C� 11.B.1. 9-1-1 COMMUNICATIONS CENTER - RENEWAL OF MGE UPS SYSTEMS ANNUAL MAINTENANCE AGREEMENT The Board reviewed a Memorandum of January 9, 1998: TO: Board of County Commissioners FROM: Doug Wright, Director ` Deparanent of Emergency Services THROUGH: Jim Chandler, County Administrator DATE: January 9, 1998 SUBJECT: Renewal of 9-1-1 Communications Center Annual UPS Maintenance Agreement with MGE UPS Systems It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. The maintenance agreement for the UPS system at the 9-1-1 Communications Center has been in effect with the referenced company since 1990 and is renewed on an annual basis. The agreement is necessary to provide annual maintenance of the batteries and other components of the UPS system to preclude a failure of the 9-1-1 equipment at the Communications Center. The current maintenance agreement expires on February 26, 1998. MGE UPS Systems is the sole manufacturer of the UPS equipment used at the 9-1-1 Communications Center and since the technology is proprietary, maintenance must be performed by MGE Field Engineers. The agreement will cost $7,846 an increase of $346 over the prior year and will provide the same level of service as last year. RECOIVIlVUMATION: Staff recommends the Board authorize renewal of the UPS maintenance agreement with MGE UPS Systems in the amount of $7,846, to be paid from funds allocated for this purpose in the current fiscal year 9-1-1 surcharge (133) budget. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved renewal of the UPS maintenance agreement with MGE UPS Systems in the amount of $7,846, to be paid from funds allocated for this purpose in the current fiscal year 9- 1-1 surcharge (133) budget, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JANUARY 27, 1998 -27- boa 104 PAGE 4 600K 104 mn'228 11.B.2. BIOMEDICAL TECHNICAL SERVICES AGREEMENT - PHYSIO -CONTROL The Board reviewed a Memorandum of January 12, 1998: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County �Ad�m� Administrator FROM: Doug Wright, Director �"" Department of Emergency Services DATE: January 12, 1998 SUBJECT: Approval of Biomedical Technical Services Agreement with Physio -Control 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 In March of 1997, the Board of County Commissioners authorized a Biomedical Equipment Services Agreement with Physio -Control to repair and maintain the Lifepak equipment on board the emergency transport advanced life support ambulances. The contract will expire on February 28, 1998, and Staff requests the Board to authorize renewal of the agreement. The county has held previous service contracts with Physio -Control for maintenance and repairs since inception of the Advanced Life Support program. The contract cost for one year of service is $10,524. and will cover the maintenance and repair of five Lifepak 10's and seven Lifepak 11's, including the battery support systems with replacement batteries and internal pacemakers. Funds have been budgeted for FY 97-98 to fund the technical services agreement with Physio - Control. ALTERNATIVES AND ANALYSIS Physio -Control is the manufacturer of the Lifepak series of cardiac monitors and defibrillators. The sales and service force from Physio -Control are direct manufacturer representatives. Physio -Control Technical Services is the only company -authorized repair function in the State of Florida and is the single or sole source for parts, repairs and/or maintenance on this equipment. This critical patient care equipment is very technical in nature and the Department of Emergency Services, Division of Emergency Medical Services; must ensure that the equipment is properly maintained and serviced by factory trained personnel to reduce liability risk. Any malfunction of the Lifepak equipment during life saving operations would jeopardize the assets of the County if litigation should occur. Major repairs to only one of the Lifepak units could exceed the cost of the proposed agreement. RECONE%IENDATION Staff recommends approval of the Biomedical Technical Services Agreement with Physio -Control in the amount of $10,524. Staff also requests the Board authorize the Chairman to execute the agreement on the basis of a single/sole source vender. JANUARY 27, 1998 0 -28- . C� • MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Ginn, that the Board approve the Biomedical Technical Services Agreement with Physio -Control in the amount of $10,524 and authorize the Chairman to execute the agreement on the basis of a single -sole source vendor, as recommended by staff. Commissioner Adams expressed her concern that the maintenance agreement only covers Monday through Friday from 8:00 a.m. to 5:00 p.m. and wondered what happens after-hours and on the weekends. Director Wright advised that backups are available and this contract costs much less than the top maintenance contract; however, his Department has done fine with it for several years. Commissioner Adams then questioned whether the batteries are fairly expensive, and Director Wright stated they are $110 each, but are supplied free with the contract. The Chairman CALLED THE QUESTION and the Motion passed unanimously. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.1. WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT - RESOLUTION FOR FLORIDA DEPARTMENT OF TRANSPORTATION GRANT The Board reviewed a Memorandum of January 21, 1998: JANUARY 27, 1998 -29- 6UOK .04 PAGE �,,"', �,, 600K FAGE TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director Terry B. Thompson, P.E. Capital Projects Manager FROM: G. Sean McGuire, P.E. Project Engineer SUBJECT: Wabasso Causeway Park Beautification Project Resolution for Florida Department of Transportation Grant DATE: January 21, 1998 This project is being designed by Brad Smith Associates, who are preparing an application for the Florida Department of Transportation's Highway Beautification Grant. The application requires a resolution from the governing authority. The preliminary construction cost estimate is $275,892.00, of which the Florida Department of Transportation may grant up to 50% in matching funds. Even though this estimate is above the initial cost envisioned for the project, it is advantageous to proceed with the entire scope through design, and consider cutting back for construction. Staff recommends that the Board adopt the resolution and authorize the Chairman to execute the resolution. Funding will be from account #315-210-572-068.09. Commissioner Ginn felt this is a very pricey project and wondered whether all this is necessary. Public Works Director Jim Davis advised he had met with the consultant, Brad Smith, who has tried to design the project with native vegetation. He and Mr. Smith agree that an application should be made for a fairly aggressive plan that could be scaled back later. Commissioner Adams noted there is quite a bit of vehicular traffic at that park and a lot of erosion. She felt the project will enhance the park and make it safer. Director Davis emphasized that most of this project is landscaping. Chairman Tippin agreed that it is a rather extensive project and realized that "native" is the current buzz word. However, native or not, the landscaping will have to be maintained forever so he felt the project needs serious review when the time comes. Commissioner Macht wanted to know what will happen to the Australian pines. Brad Smith, the consultant, stated he felt they should be left in place to enhance the stabilization of the shoreline. Commissioner Macht commented that these trees also fall over and wanted serious consideration given to getting them out and replacing them with something that holds the soil better. JANUARY 27, 1998 0 -30- • Mr. Smith advised that shoreline stabilization will be addressed at a later time. Commissioner Macht stated that he was glad to see the use of native plants. Mr. Smith added that the original numbers are preliminary and they have added a 10% contingency for unforeseen issues. He wondered whether that would affect the motion, and Commissioners Ginn and Eggert agreed that the project should be scaled back. Commissioner Adams questioned where the matching funds would come from, and Director Davis advised that does not have to be designated at this time but it would come either from park revenue, one -cent sales tax, or possibly DOT until such time as the bridge work is completed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Resolution 98-016 for Highway Beautification Funding from the Florida Department of Transportation. RESOLUTION 9816 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA FOR HIGHWAY BEAUTIFICATION FUNDING FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, the Board of County Commissioners of Indian River County is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County, and the State of Florida: Project Title: Wabasso Causeway Beautification (SR 510 ) Total Estimated Cost: $275,892.00 Brief Description of Project: Landscape enhancements along the entire frontage of Wabasso Causeway Park, consisting of vehicle access control measures, entry features, groupings of palms, Bahia sod, native wild flowers and irrigation for establishment of the plantings. WHEREAS, it is desirable that certain roadside areas within Florida Department of Transportation right-of-ways must be maintained and should be attractively landscaped, WHEREAS, Florida Department of Transportation financial assistance is required for the project mentioned above, NOW THEREFORE, be it resolved by the Board of County Commissioners of Indian River County that the project described above be authorized, AND, be it further resolved that said Board of County Commissioners of Indian River County make application to the Florida Department of Transportation in the amount of 50% of the actual cost of the project. JANUARY 27, 1998 -31- 600K o4 PAGE , L b00K ° ma This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted bythe Commissioner Eggert and seconded by Commissioner Adams Board of County Commissioners at a legal meeting held on this 27 day of Jan�_ry 1998. ATTEST: Jeffery K Barton / Clerk of Court BOARD OF COUNTY CONMSSIONERS INDIAN RIVER COUNTY, FLORIDA BY , J W. Tippet, C 11.G.2. KINGS HIGHWAY IMPROVEMENTS - KIMLEY-HORN ASSOCIATES - AMENDMENT NO.7 The Board reviewed a Memorandum of January 20, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, F.E. Public Works Directo FROM: Terry B. Thompson, P.Ee-K Capital Projects Manager SUBJECT: Amendment No. 7 Kings Highway Improvements DATE: January 20, 1998 Construction of Kings Highway between 12=' Street and 26=` Street is scheduled to commence in late February or early March. The attached Amendment No. 7 provides for limited construction observation assistance and shop drawing review from the Engineer, Kimley-Horn Associates, Inc. during the year and a half (1;i) 'construction period. Structural Observation Assistance includes the review of specific shop drawings and visits at specific times during bridge construction on a lump sum basis. The Amendment also contains an hourly not -to -exceed structural component for assisting the County when requested in the review of shop drawings and field observation services that are beyond those listed in the Amendment. Roadway Observation Assistance includes attending weekly progress meetings and performing a site visit with County staff on the same day. The lump sum fee for Roadway Observation Assistance includes project certification by the Engineer to the St. Johns River Water Management District. JANUARY 27, 1998 0 -32- The compensation due the Engineer for Amendment No. 7 is as fcilows: Structural Observation Assistance $34,586.00 Roadway Observation Assistance $40,245.00 Hourly (Not -to -Exceed) Structural On Call Assistance $ 51510.00 Subtotal $80,341.00 Expenses 7% $ 5.624.00 Total $85,965.00 Staff recommends approval of Amendment No. 7 in the amount of $85,965.00. Funding is from Account 101-158-541-067.30. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Amendment No. 7 to the Professional Engineering/Land Surveying Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $85,965, as recommended by staff. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H. NORTH COUNTY R.O. PLANT (HOBART PARK) - WHARTON-SMITH, INC. - RETAINAGE REDUCTION The Board reviewed a Memorandum of January 15, 1998 and a letter of January 8, 1998 from Camp Dresser & McKee, Inc.: TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: JAMES W. DAVIS, P.E. _ INTERIM DIRECTOR OF UTILITY SERVICES '.:� FROM: WILLIAM F. IN, P.E. CAPITAL P S ENGINEER JANUARY 15, 1998 SUBJECT: NORTH CO R.O. PLANT (HOBART PARR) RETAINAGE REDUCTION INDIAN RIVER COUNTY PROJECT NO. UW -94 -03 -WC On October 1, 1996, the Hoard of County Commissioners approved a contract with Wharton -Smith, Inc., for the above -referenced project. (See attached agenda item and minutes.) The contractor in November 1997 requested a retainage reduction from in to 5w. While the contract documents do not specifically allow for this, the Utilities Department will allow this with concurrence from the engineer. As a result of time delays on the part of the contractor, we have held the request until this time. JANUARY 27, 1998 —33— BOOK PAGE ;,c Fr 600K 104 PAGE 234 1 The contractor is approximately 70 days behind schedule on this project; however, the reduced retainage in the amount of $330,507.05 would be sufficient to cover any liquidated damage situation that could arise. For additional details, please reference the attached letter dated January 8, 1998 from Camp Dresser and McKee Inc. The staff of the Department of Utility Services recommends approval of a retainage reduction on this project to $330,507.05. CDM Camp Dresser & McKee Inc. 1701 State Road A -1-A, Suite 204 Vero Beach, Florida 32963 Tel: 561 231.4301 Fax: 561231-4332 January 8, 1998 Mr. William F McCain, P.E. Capital Projects Engineer Indian River County 1840 25th St. Vero Beach, Florida 32960 JAN 0 9 1998 IBY: Subject: Indian River County Hobart Park RO Plant CDM Project No. 6706-13876-050 Proposed Reduction of Retainage Dear Mr. McCain: The Contractor for the above referenced project, Wharton -Smith, Inc. (WS) has requested a reduction of partial payment application retainage. The Contract states, on in paragraph 5.1.2 of Section 00500, the Agreement, that the Contractor will receive ninety (90) percent of the amount completed (10 percent withheld for retainage). WS has requested that retainage be capped at ninety (90) percent on fifty (50) percent of the total construction Contract cost. The amount of retainage would be $330,507.05 until the end of the project, unless further reduction in retainage is approved at a later date. The only reservation that CDM would have about this request is that WS's latest project schedule -report indicates that the project is 77 dates late. Potential liquidated damages could be as much as $77,000 if there are no further delays, and possibly less, if there are any time extensions are granted by the County. CDM believes that the proposed reduced retainage is more than sufficient to protect the County's interests, and therefore recommend the County's approval. Pay request No. 14 was submitted by WS with the reduced retainage included. They have been informed that the pay request cannot be processed as submitted, since the proposed retainage reduction needs to be approved by the County Commission. WS declined to resubmit the pay request without the retainage reduction, preferring to wait for the results of the Board action. Therefore, CDM will "hold" pay request until the issue is resolved, without concern for the time restrictions in the Contract for processing partial pay requests. If you have any questions or comments, please contact me. Very truly yours, CMP ADRESSER & McKEE La�__ JANUARY 27, 1998 0 -34- Director Davis advised the project is nearing completion and we are holding a 10% retainage. The contractor is requesting a retainage reduction to 5% which would mean the County would still retain about $330,000, sufficient to complete the project. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, that the Board approve a retainage reduction on this project with Wharton -Smith, Inc. to $330,507.05, as recommended by staff. Commissioner Adams questioned how close to finished the project was, and Director Davis advised that the contractor is about 70 days behind schedule. Capital Projects Engineer Bill McCain stated that the project is 85% to 90% complete and the County is holding $1,000,000, plus the retainage of over $600,000. Commissioner Adams felt certain that the contractor would be more inclined to finish the project if the County is still holding large amounts of retainage. THE CHAHMIAN CALLED THE QUESTION and the Motion passed by a 3-2 vote (Commissioners Adams and Ginn opposed). 13A ECONOMIC DEVELOPMENT COUNCIL - APPOINTMENT OF BOB TENBUS Commissioner Eggert noted that a vacancy had been advertised on the Economic Development Council and just prior to the meeting she had received a call from Bob Tenbus submitting his application. She believed Mr. Tenbus would be a plus to this committee. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the appointment of Bob Tenbus to the Economic Development Council. JANUARY 27, 1998 -35- b03 pn"14P BOOK —10 Irf,L23 13.E. CHILDREN'S SERVICES NETWORK GUIDE - DISCUSSION ON STANDARDIZED OUTCOMES GUIDED BY YEAR 2000 NATIONAL OBJECTIVES The Board reviewed several articles: Backup for item 13E County Commission Meeting Tuesday, January 27, 1998 The definition of Standardized Outcomes as found In the Children's Services Network Guide, is, "A goal or benchmark used to evaluate the effectiveness of a program. These outcomes should be guided by the Year 2000 National Objectives." (Chapter 1, Definition "Y") Year 2000 National Objectives were established by the U.S. Department of Health and Human Services/Public Health Service. The PHS Office of Disease Prevention and Health Promotion (ODPHP), a program office within the Office of the Assistant Secretary for Health, oversaw development of the objectives. The Year 2000 objectives were built upon the 1990 objectives effort which contained 15 priority areas. Year 2000 objectives were expanded to cover 22 priority areas. Of concern Is the fact that a small group of bureaucrats in Washington D.C. have determined what should be the Standardized Outcomes for Indian River County. For example, under priority area "Family Planning," objectives 5.5 and 5.6 are in conflict with local School District policy. 5.5 - Several years ago Healthy Start was denied access to school classrooms to do a survey similar in content. 5.6 - School District policy (copy attached) Is abstinence. Current studies by respected researchers, published in peer review journals, undergirds and supports their policy. The Board of County Commissioners should fully support the local School District policy of abstinence as the only constructive rationale for healthy behavioral choices for Indian River County youths based on a plethora of evidence published in the most respected medical journals. Family Healthy People Planning 5.1: Reduce pregnancies among girls aged 17 and younger to no more than 50 per 1.000. ' Contributor. S. Jean Emans. MD 5.4, 18.3, 19.9: Reduce the proportion of adolescents who have engaged in sexual intercourse to no more than 15% by age 15 and no more than 40% by age 17. 5.5: Increase to at least 40% the proportion of ever sexually active adolescents aged 17 and younger who have abstained from sexual activity •,for the previous 3 months. 5.6: Increase to at least 90% the proportion of sexually active, unmarried people aged 19 and younger who use contraception. especially combined - method contraception that both effectively prevents pregnancy and provides barrier protection against disease. 5.8: Increase to at least 85% the proportion of people aged 10 to 18 who have discussed human sexuaiitylincludin— g value surrounding sexuality, with their parents and/or have received information through another parentally endorsed source, such as youth, school. or religious programs. 5.10, .14.12: Increase to at least 60% the proportion of primary care providers who provide age-appropriate preconception care and counseling. Source: American Medical Association. (1990). Healthy Youth 2000. Chicago. IL: American Medical Association. JANUARY 27, 1998 -36- • Public Health Service Information Midcourse Revisions Objective 5.1: This objective has been revised to focus on females aged 15 to 17 because the consequences and implications of pregnancy are most severe for adolescents. The number of pregnancies in adolescents under age 15 is small, making it difficult to measure trends. Adolescents over age 17 are considered legally to be adults. The consequences of unin- tended pregnancy among females aged 15 to 17 and the implications for their children's lives are long-lasting. Objective 5.4: Special population targets were added to this objective. African-American males aged 15 and 17 and African-American females aged 17 were established as special population targets to reduce the proportion of adolescents who have engaged in sexual intercourse. Objective 5.6: Age groups have been modified to measure the proportion of sexually active, unmarried people aged 15 to 24 measured in two subgroups: 15 to 19 and 20 to 24, rather than just adolescents aged 19 or younger. within the Family Planning priority area, a number of targets are identi- fied and adolescents are an important focus. The adolescent target features the reduction of the incidence of adolescent pregnancy, an increase in the OVERVIEW INEIMN RIVER COUNTY HUMAN SEXUALITY EDUCATION CURRICULUM PIIILOSOP W In June, 1990, Florida joined those states that require sex education in public schools. The legislature passed HH 1739 requiring comprehensive health education that includes instruction in human sexuality and pregnancy prevention, advocating abstinence as "the expected standard for all school age children" and providing exemption from instruction upon parental request. In the late 1980's a committee was formed in Indian River County representing the school district and members of the community at large, to develop a philosophy regarding the instruction of Human Sexuality Education, (HSE) in Indian River County Schools. This philosophy mirrors that recommended by the State of Florida and the Department of Education: abstinence from sexual activity outside of marriage is the expected standard for all children and the only certain way to avoid pregnancy, sexual transmission of AIDS and other sexually transmitted diseases. In Indian River County the instruction of HSE takes into account the whole person with the focus being the healthy social, emotional and physical development of each child and the inherent sense of his/her worth as an individual. This instruction, beginning in the primary grades, is intended to reduce destructive behaviors in children, including: early sexual involvement. substance abuse, suicide, activities which result in sexually transmitted diseases, including AIDS and teen pregnancy. The focus on learning to make healthy choices in life and realizing one's worth go hand in hand with enabling children to avoid involvement in the high risk behaviors mentioned above. SUMAN SEXUALITY EDUCATION TffitOUGIR CONWREIMNSIIVE IMALTH EDUCATION GRADES H - 8 Undergirding all HSE education in Indian River County is the belief that parents are the primary educators of their children and that instruction shall provide developmentally appropriate information at all levels. JANUARY 27, 1998 • -37- boa 1-04 PAGE 2'37 Fr I 60JK M4 PAGE228 In the elementary grades. HSE instruction is focused on the exploration of the roles and interactions of individuals within the family cycle, the responsibilities and privileges experienced by each member. the role gender plays in one's life, what it means to be a friend, and an individual's place in society as a whole. In grade four, the issue of AIDS is addressed in the curriculum as an extension of the discussion regarding the immune system. The instructional focus is on eliminating many of the myths regarding both how AIDS is transmitted and the perceived risk of being around someone with AIDS, with the goal of reducing fear in children regarding the likelihood of them contracting the virus. The fifth grade health curriculum "Preparing for Adolescence. A Problem Solving, Self-esteem Approach" written by Michelle Willis. health teacher in Indian River County, addresses the changes that occur during adolescence. These changes that occur are described in terms of their physical. as well as social and emotional characteristics. GRADES 6 - 8 The middle grades are ones in which students undergo dramatic changes in all areas of their lives. In health education the area of HSE attempts to help students have a clearer understanding of the changes they are experiencing physically, socially and emotionally. The function of the reproductive cycle is explained, along with the issue of why individuals mature at different rates. and the role of peer pressure in one's social development. POSTPONING SERVAL I NVOLVEI1iZNT In addition to the curriculum in use in grades 6 - 8, the school district. in 1992, implemented a program entitled "Postponing Sexual Involvement" through the Teen Parent Program as a pregnancy prevention effort. This model program is one of the few programs, nationwide, that research shows has an impact on reducing teen pregnancy. The program targets students in sixth and seventh grades using specially trained high school students to deliver a message of abstinence and provide the younger students with the tools to help them resist sexual involvement. The program is conducted weekly for four consecutive weeks. GRADES 9 - 12 While parents are regarded as the primary sexuality educators of their children, and are responsible for the attitudes and values their children have about sexuality issues, school based human sexuality education can play a significant role in the student's ongoing sexual development by increasing his or her knowledge and understanding of sexuality to promote positive, healthy choices and outcomes. Life Management skills, a course required for graduation, is usually taught in the ninth grade. This comprehensive life skills course further addresses issues of the reproductive cycle, sexually transmitted diseases, date rape, and making responsible choices. As in previous courses, the nature of feelings in human relationships is explored in an effort to encourage students' understanding regarding the complexity of relationships. In grades 10 - 12 Human Sexuality Education is addressed through a variety of elective courses, many of which are offered through Health or Home Economics classes. In these courses, as in the previous ones, the underlying philosophy is abstinence based with attention given to the responsibilities and consequences in sexual relationships, and the ways to avoid pregnancy and SIDS. Throughout the HSE curriculum parents are sent letters explaining the program and inviting them to meet with the teachers to preview the materials that will be used, or to discuss questions or concerns they may have. If parents do not want their child to participate in the program, the child is excused and given an alternate assignment. For parents whose children participate in the classes. communication between parent and child regarding the course content is encouraged. JANUARY 27, 1998 -38- 8A. Prese-loumab Saturday, Aprg 15, 1995 a M�� �-+ O��N • iM� s The Foto tats46Audit Bureau uta 16oMwAr t at IMstreet Mag to Post OtRee OW 1288. Vero BOWN Florida 32861. Phew 662-2315 SEBASTIAN OFFICE 717 Cocudge Sweet, Same. PWM 3295L Phew 689.8618 Editorials ,IF. Sdmmm J1SdMeuem11B98.1169; �"'"" JASdaasmJr. 11", aPahlllrr DrrylKHft_ ==PAtahKWMdMrrI 18" Ratamn ear. Tom., Tan (iwGor tAWiaEM1dklo��NT"�", AdwYiryYrrgr Badmn8 mon 0nWAdAd0W4Y9L 818912YP10l RATER Far Comaniard Moms 0011M 689.7100 Noma mmy, Year s�uee Mena DeirarY, 8 Yatlls �� Mai-7pnpaa Yea s' Baa Mal—Wad 8 Bun. Yar as cmed2r-7 Paps, Yasr IU.e• Ddn►_.I Cantlt—Wed. a Sm, Year AL Do 0_1115M VETEBANS' MEMOBIAL: Vet- erans soon can look to the north and south to find memorials hon- .: oring them in Indian River County. Fellamere is planning a 6 -foot - high veterans' memorial in Lions Park at North Broadway and County Road 612. The Fellsmere Lions Club has raised more than Georgia for the Nang County s � honorMade of Georgia gray grana Fellsmare area veterans who served their country. The monument will have four military emblems chiseled on it. "This is not a graveyard stone, but one with life in it." said Fellamere Liana Club President Neil Wo - cell. That's fitting, for such a memorial should show hove veterans have helped keep freedom alive. The club hopes to draw a large crowd for the Me- morial Day dedication 10 a.m. May 29. BAT HOUSES, Some pe ale may think it's a batty idea. b, St. Lucie County extension r -nt Sen Gloeli wants area resi is to build bat houses. pers." he said. A single bat can eat its own weight in insects each night. Residents should encourage bats to live in their neighborhoods as a natural alternative to pest con- trot Bat houses, like birdhouses. can be built in all shapes and sizes. The difference is that bat houses are upside down boxes with an entrance at the bottom. The bats fly into the boa and perch on the top. It's better if the cardboard or wood is coarse so the bats can cling to it. There's no need to be afraid of a bat• Most bats don't have rabies and Florida has no bloodsucking bats. Gloeli said. Go to bat and try building your own bat house. PREACHING ABSTINENCE: The Indian River County School. Board took the right approach :.:;. last month to solving the birth- ~ control issue in the district's health plan. The plan calls for abstinence to be preached to students. Absti- nence is the only 100 percent guarantee to prevent AIDS and pregnancies. Parents should have the primary responsibility ..uucaa c r cJ .. ceived a bad rap. The r .oe l It's the School District's task to teach health. The creatures ire iipawrc L iaC6aNua:Ja WWa1iC aW .ccu-ns caJ .� aa.ro �::.:.���• JANUARY 27, 1998 -39- • 50JA 1 04PAGE 4.� Cr 141 L i� {i f �i 4s. . BOOK 104 ME More Deadly Than AIDS Women's groups have complained. with some cause, that the federal government shortchanges research into breast cancer, osteoporosis and other • female diseases. Strangely, however, little has been said of the human papilloma virus. a sexually trans- mitted disease that kills more U.S. women each year than AIDS. In 1891. the last year for which the Centers for Dis- ease Control has compiled data. AIDS contracted through sexual intercourse killed about 1,300 U.S. women. By comparison. invasive cervical cancer killed about 4,400 women. The cause of 85 percent of these tumors is 1WV, which, unlike AIDS. is passed on only through the sexual acL In 1882, the CDC spent $478 million on preventing AIDS vs. $70 mil - Ron for all other sexually transmitted diseases. in- cluding HPV. Of course. one big difference separates the vi- ruses: AIDS Is universally fatal, while many women live with HPV, essentially, genital warts. for dec- ades with no discomfort. Yet doctors fret because they are seeing more HPV, especially in younger women. The Journal of the American Medical Asso- ciation ssnciation said amazingly that, of 467 University of California -Berkeley coeds who underwent routine gynecological exams. 46 percent carried the HPV . virus. To make matters worse, adolescent girls are i doubly vulnerable because their immature cervical tissue predisposes them to infection. Tissue weak- : ened by HPV also may be less resistant to the AIDS The response of many government officials to sex- ually transmitted diseases, such as HPV, is to pre- ach the consistent use of condoms. But there is ample reason to doubt the "safe sex" message. A study by the Alan Guttmacher Institute found that 36 percent of women in their early 20s became preg- nant atter relying on male condom use. "If a condom can't even protect a woman from pregnancy," tl umnist Sarah Overstreet "what kindgiving her against death?" At a time when the member of sexually active' teenagers is up 63 percent from 20 years earlier, condoms had better be almost failsafe, unless the trend of promiscuity can be reversed. Otherwise, so- ciety can prepare for escalating anxiety, wrecked lives and early deaths But here is the kicker: Against HPV, the sexually transmitteddisease that kills the most women6 con- doms are largely ineffective:^ • • : , "Condom use is of little or -no •value in protecting patients from papilloma infection;' said two past presidents of the American Society for Cervical Pa- thology. Women's health advocates should get that word out, and the world's latex evangelists should deliver a new sermon: on sexual abstinence. �i2�10/6��NR&d7N&- GF 14( 7 1 /en"J eSl7Z/ d a� �' ulNO Lll�! J,tJ�= cac��c�L '-ft ,�1MSA16) CORR16-0 11nMOUR �V�� ZEZAL6 O fi � A! 61ALS /eEots,gMffS 71j4S-M School -Bused Clinics: No Reduction in Teen Pregnancies School-based clinics do not reduce the teen pregnan- cy rale, according to a solid body of research. In lie laBi/fBli�'1991SIilsU8'blrtti[iiiilti rl iiii�nn �erspeciivei<, published- by -Planned Pare hillood'e ieiaearch affilin1b, the -Alan Uulimacher.Inailule, a study -of-six•SDG's round Wal they have'ho effect on ihd ptegunfiWtift. In one instance involving a SHC in Dallase pregnancies were actually higher- at• the tlinit:'•schooi ihsn-st a comparison school with no ciinici 'Similar conclusions were reached in a 089 booklet by the Center for Population Options, also an advocate of SUC's. JANUARY 27, 1998 0 -40- • 0 0 Commissioner Ginn expressed her concerns that the Standards were developed in Washington and they did not describe local community values and norms and were in conflict with local school policy. She believed the Standards should be changed to delineate local values and norms and reflect the uniqueness of our County. Commissioner Macht questioned Assistant County Attorney Terry O'Brien as to the required procedure for reviewing the Children's Services Network Guide, and Attorney O'Brien advised that the Guide is to be reviewed annually. Commissioner Ginn understood that it could be changed at any time, and Commissioner Macht felt it should be revised through the Children's Services Network Advisory Committee. Commissioner Ginn expressed her willingness to appear before the Committee and make her presentation. Commissioner Eggert felt that nothing in the procedures says we can't have abstinence as our number one choice but that if teens are sexually active, something should be done for them. She did not see a conflict in saying the number one priority is abstinence. After further discussion, CONSENSUS was reached that Commissioner Ginn would make a presentation to the Children's Services Network Advisory Committee. Chairman Tippin recognized Keith Miller from the audience. Keith Miller of 169 River Avenue, Sebastian, asked whether he could make a presentation to the Board regarding roads, traffic and accidents. County Attorney Vitunac stated there would need to be a further motion if a public discussion matter were to be added to the Agenda. Commissioner Adams suggested that Mr. Millermeet first with Public Works Director Jim Davis and herself. Chairman Tippin encouraged Mr. Miller to take up the matter with Public Works and noted that, if a public hearing became necessary, the Board would be glad to add the item to a future Agenda. CONSENSUS was reached that Mr. Miller would meet with Public Works Director Jim Davis, and Chris Mora, P.E., County Traffic Engineer. Commissioner Adams also expressed her willingness to meet with Mr. Miller. JANUARY 27, 1998 -41- 600K 104 PnE 24 600K FAGS t.,; 42 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:38 a.m. ATTEST: P-ld so fl 1. eve1 :.1 Minutes Approved: 7� MS JANUARY 27, 1998 0 -42- .