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HomeMy WebLinkAbout12/19/1979WEDNESDAY, DECEMBER 19, 1979 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 19, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE COUNTY ADMINISTRATOR JACK G. KENNINGS; INTERGOVERNMENTAL COORDINATOR L. S. "TOMMY" THOMAS; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER, BAILIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK. FLAG. THE CHAIRMAN CALLED THE MEETING TO ORDER. ADMINISTRATOR JENNINGS LED THE PLEDGE OF ALLEGIANCE TO THE THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF NOVEMBER 7, 1979. COMMISSIONER LOY REQUESTED THAT ON PAGE 17, SECOND PARAGRAPH, "FROM THE POINT FORWARD" BE CORRECTED TO READ "FROM THIS TIME FORWARD." THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 1979, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 14, 1979. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 14, 1979, AS WRITTEN, AND REQUESTED THAT THE LETTER FROM INDIAN RIVER CABLEVISION ANSWERING THE QUESTIONS ASKED BY THE COMMISSION BE INCORPORATED AS PART OF TODAY'S MINUTES. SAID LETTER IS HEREBY MADE A PART OF THE MINUTES AS FOLLOWS: DEC 91979 Box 42 PAcf 305 �- DEC 191979 42 306 INDIAN RIVER CABLEVISION, INC. P.O. BOX 327 SEBASTIAN, FLORIDA 32958 (305) 589-3846 i 1 December 3, 1979 1 W 1 Assistant County Administrator p �;LC1r?g Indian River CountyCoun VerotBeach,thouse Floridaui1ding 32960 m .s+.tatoi5vice,�Ci; i Dear Mr. Donlon: 1 1 Per our agreement at the Public Hearing on November 14,1979 1 we began a complete investigation of the cable television signals ® in Shady Rest Mobile Home Park. Our initial tests, conducted i November. 15th were made on each of the six distribution lines 1 that provide signal to feed the individual house drops to ever i P Y ® subscriber in the park. Signal level measurements were made ® to the end of each of these distribution cables and the results 1 proved that five of the six were operating properly and well 1 within the FCC signal standards. The sixth distribution cable, 1 however, fell well below the signal requirements and would have 1 provided ® p poor reception to those subscribers on that line. A ® point of interest to us was that five of the six individuals who 1 attended the hearing from Shady Rest were subscribers located on 1 the faulty distribution line. 1 We have completed replacement of approximately 450 feet 1 of the cable on that distribution line which has restored the signal levels to meet the signal level requirements. If any of ® the subscribers are currently experiencing reception problems, 1 other than those that occur on our distant channels which we 1 covered at the meeting, the problem may be in the individual drop ® line to the subscribers' home or in his TV set. I am notifying ® Mr. Miles to inform the residents of Shady Rest that if they are experiencing problems other than those mentioned above to call our 1 office so that we can make individual trouble calls to check 1 subscribers who may p ihave problems in their individual house drops. i s. P 1 You might be very interested to know that we found two res- idents out of twenty-four that we have checked who had connected 1 themselves illegally to our cable system and, one of the individ- uals who had addressed the commissioners had purchased TV equip- ment to illegally receive our Premium Television package without 1 paying for the service. i i In addition, while I was working in the park on Saturday;. November 1 24th, another resident who apparently did not know who I was ® offered me a bottle of liquor if I could hook him up to our Premium ® Television without his having to pay for the service. We plan to complete an audit of this entire park to determine how many more i illegals there are and I am requestini Mr. Miles to inform the 1 residents that illegal reception is a violation.of Florida Statute 1 810.095. 1 1 1 1 1 1 Sincerely, 1 + 1 Ralph A. Haimowitz - Manager THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 21, 1979. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 21, 1979, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 1979. ON LOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 1979, AS WRITTEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR MYRON J. MADSEN, SJR. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE RE THE FOLLOWING DEPUTIES APPOINTED BY SHERIFF .JOYCE: CALVIN NICHOLS CHARLES W. HEATH ALBERT J. KERSEY, .JR. LEE W. SETZER PATRICK M. SHELDON SAID APPOINTMENTS ARE ON FILE IN THE OFFICE OF THE CLERK. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED AN AGREEMENT FOR PARTIAL DIS- BURSEMENT BETWEEN THE DEVELOPERS OF CASTAWAY COVE, WAVE TWO,AND INDIAN RIVER COUNTY IN REGARD TO THE $106,236.17 THAT IS ON DEPOSIT TO COMPLETE THE WORK FOR ROADS; STREETS AND STORM DRAINS, AS PER LETTER FROM LLOYD AND ASSOCIATES DATED NOVEMBER 61 19791 WHICH IS INCLUDED IN THE MINUTES OF NOVEMBER 7, 1979, AND AGREED THAT TO OBTAIN THE DRAWS, CERTIFIED REQUESTS SHOULD COME FROM THE ENGINEER OF RECORD AND BE INSPECTED AND APPROVED BY THE ADMINISTRATOR. 3 DEC 191979 <<�E7 LLOYD AND AE;soCIATCS EN13INE:ERS AND SURVEYORS REPORTS DESIGNS SUPERVISION APPRAISALS CONSULTATIONS December 10, 1979 Mr. Jack Jennings, County Administrator Indian County Courthouse Vero Beach, Florida 32960 RE: Castaway Cove, Wave Two Our letter to Board of County Commissioners dated November 6, 1979 Dear Jack: BOOK 42 PAGE 308 ROBERT F. LLOYD REUISTERCD CIVIL ENOWEER 3530 REGISTERED LAND SURVEYOR 944 (305) 562-4112 7 8 3 5 ZOTH STREET VERO BEACH, FLORIDA 32960 Per my letter of November 6, 1979, on a construction cost as of that date, we indicated that $27, 932. 04 was escrowed to complete the storm drainage. This letter is to advise you that the storm drainage has been completed and we would appreciate your disbursing $25, 138. 84 as the amount due for this work: Original Cost 10% Retainage Amount to be disbursed $27,932,04 2, 793.20 $25, 138.84 Thank you in advance for your cooperation in this matter. I am enclosing a copy of my November 6th letter for your ready reference. Yours very truly, LLOYD AND ASSOCIATES By Robert F. -Lloyd, P. E RFL:dli Encl. A=� -4%, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, COUNTY COURT, NOVEMBER -DECEMBER TERMS, 1979, IN THE AMOUNTS OF $176.34 AND $160,14. - THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, MONTH OF NOVEMBER, 1979, $24,147.50 REPORT OF JUVENILES IN JAIL OR DELIVERED TO JAIL DURING NOVEMBER, 1979 TRAFFIC VIOLATION FINES BY NAME, NOVEMBER, 1979 FELLSMERE WATER CONTROL DISTRICT NOTICE OF MEETING DATES AND MINUTES.OF MEETING OF BOARD OF DIRECTORS REPORT OF CONVICTIONS, MONTH OF NOVEMBER, 1979 ASSISTANT ADMINISTRATOR NELSON INTRODUCED TO THE BOARD THE NEW LITTER OFFICER, MICHAEL CAMPBELL, AND INFORMED THEM THAT OFFICER CAMPBELL IS ON THE JOB RIGHT NOW AND IS FULLY QUALIFIED WITH THE SHERIFFS DEPARTMENT. CHAIRMAN WODTKE ANNOUNCED FOR THE BENEFIT OF THE PRESS THAT THERE IS AN ADDITIONAL ITEM #1 ON TODAY'S AGENDA IN REGARD TO A LEASE AGREEMENT BETWEEN THE COUNTY AND THE SCHOOL BOARD. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED ON THE COMPLETE COUNT CENSUS COMMITTEE AND INFORMED THE BOARD THAT THERE IS A NON- FINANCIAL CONTRACT BETWEEN THE FEDERAL DEPARTMENT OF LABOR AND THE BUREAU OF CENSUS WHICH STATES THAT CETA EMPLOYEES MAY BE USED IF YOU HAVE THE MONEY. CHAIRMAN WODTKE NOTED THAT SEBASTIAN APPARENTLY IS GOING TO FUNCTION IN SOME STATUS RE DOING FOLLOW-UP ON THEIR CENSUS AND ASKED IF THE COMMITTEE WILL BE A TOTAL COUNTY COMMITTEE. COORDINATOR THOMAS STATED THAT HE WAS ONLY FAMILIAR WITH THE CETA PART AND BELIEVED THERE ARE SOME AVAILABLE UNDER TITLE II - A TRAINING PROGRAM AT THE COLLEGE. HE NOTED THAT THEY ARE DESIGNATED AS SUPPORT WORKERS TO THE COMMITTEE AND HE FELT THEY WILL BE USED TO DO FOLLOW-UP. 5 DEC 191979 max 42 DEC 191979 Bom 42 eacf 310 CHAIRMAN WODTKE INQUIRED FURTHER AS TO WHO MAKES UP THE CENSUS COMMITTEE, AND FINANCE OFFICER BARTON STATED THAT HE BELIEVED THESE ARE GEOGRAPHIC LOCATIONS IN THE STATE. HE FELT THERE IS A COORDINATOR OUT OF WEST PALM BEACH FOR THREE COUNTIES. COMMISSIONER LYONS WONDERED IF THE REGIONAL PLANNING COUNCIL COULDN'T HELP SET THIS UP. HE FELT WE SHOULD KNOW WHAT THE CENSUS PEOPLE ARE GOING TO DO AND WHAT WE SHOULD DO AND STATED THAT HE WILL BE GLAD TO RESEARCH THIS. THE BOARD AGREED THAT IT WOULD BE A GOOD IDEA FOR COMMIS- SIONER LYONS TO RESEARCH THIS MATTER. INTERGOVERNMENTAL COORDINATOR THOMAS THEN WENT ON TO DISCUSS THE EXPENDITURE THE BOARD HAD PREVIOUSLY AUTHORIZED FOR THE DOCK AT SEBASTIAN CONDITIONED UPON THE REQUIREMENT.THAT THE DOCK BE OPEN TO THE PUBLIC AND FEES BE CHARGED UNIFORMLY AND THAT ANY MONIES GENERATED BE USED FOR MAINTENANCE OF THE FACILITY. THE COORDINATOR CONTINUED THE CONTRACT WITH THE DEPARTMENT OF NATURAL RESOURCES REFERS TO THE COUNTY ALTHOUGH THE APPLICATION WAS FOR THE CITY OF SEBASTIAN, AND IT IS RECOMMENDED IF THE BOARD DOES AUTHORIZE THE CHAIRMAN TO SIGN, THERE BE AN ADDENDUM TO CLARIFY THIS POINT WHEN- WE SEND IT BACK TO THE STATE. COMMISSIONER Loy QUESTIONED IF WE HAVE TO SIGN THIS AGREE- MENT TO SATISFY THE STATE AND THEN HAVE AN AGREEMENT WITH THE CITY OF SEBASTIAN. ATTORNEY COLLINS SUGGESTED THAT WE JUST MAKE THE CITY OF SEBASTIAN SIGNATORY TO THIS CONTRACT, AND AFTER FURTHER DISCUSSION, IT WAS AGREED TO INSERT CITY OF SEBASTIAN IN PARAGRAPHS Z AND 3 AND HAVE THEM SIGN ALSO. . CHAIRMAN WODTKE FELT THAT IN SOME PLACES IT SHOULD READ COUNTY AND/OR CITY OF SEBASTIAN, AND ASKED THAT THE INTERGOVERNMENTAL COORDINATOR CHECK THIS WITH ATTORNEY COLLINS AND SEE THAT IT IS WORDED PROPERLY. ON MOTION WITH COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE CONTRACT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES RE THE USE OF BOATING IMPROVEMENT PROGRAM FUNDS FOR THE SEBASTIAN CITY DOCK WITH THE CHANGES AS DISCUSSED ABOVE, AND AUTHORIZED THE CHAIRMAN'S SIGNATURE. BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED. SAID CONTRACT WILL ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE AND COORDINATOR THOMAS HAVE REVIEWED THE SANITARY LANDFILL RECORDS, WHICH ARE ALMOST TWO YEARS OLD, AND WOULD NOW RECOMMEND THAT THE DEPOSIT REQUIREMENTS FOR CREDIT AT THE LANDFILL BE CHANGED TO BE APPROXIMATELY EQUIVALENT TO TWO MONTHS AVERAGE BILLING, WITH A MINIMUM OF $100.00; NEW ACCOUNTS TO REQUIRE A DEPOSIT OF $500.00 FOR A PERIOD OF TWELVE MONTHS AND THEN TO BE ADJUSTED ACCORDING TO THE ABOVE FORMULA. HE NOTED THAT WE HAVE A NUMBER OF ACCOUNTS WHERE THE $500.00 DEPOSIT NOW REQUIRED ACTUALLY EXCEEDS FIVE MONTHS DUMPING. MR. NELSON FURTHER COMMENTED THAT THEY WOULD NOW LIKE TO CHANGE THEIR RECOMMENDA- TION SLIGHTLY TO REQUIRE A MINIMUM OF $100.00 AND A MAXIMUM OF $500.00. HE REPORTED THAT THERE HAS BEEN ONLY ONE ACCOUNT WHERE WE HAVE HAD TO BRING LEGAL PROCEEDINGS. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM- MISSIONER LYONS, TO ACCEPT THE RECOMMENDATION OF THE ASSISTANT ADMINISTRATOR RE DEPOSIT REQUIREMENTS FOR CREDIT AT THE LANDFILL AS STATED ABOVE, INCLUDING A MAXIMUM OF $500.00. ATTORNEY COLLINS INFORMED THE BOARD THAT HE WOULD HAVE TO RESEARCH TO DETERMINE WHETHER THIS HAS TO BE DONE BY ORDINANCE, BUT HE WOULD LIKE THE BOARD TO GO AHEAD AND AUTHORIZE THE STAFF TO ENFORCE THESE CHANGES AND IF HE DETERMINED IT HAS TO.BE DONE BY ORDINANCE, HE WOULD BRING IT BACK TO THE BOARD. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED ON THE COUNTY PROPERTY IN HILLCREST SUBDIVISION, WHICH WAS DISCUSSED AT THE MEETING OF NOVEMBER 7, 1979. ATTORNEY SULLIVAN WROTE THE BOARD ON BEHALF OF HIS CLIENT, MR. STREETER, WHO HAS A GARAGE LOCATED ON THIS PROPERTY IN GIFFORD, WHICH WAS SOLD TO HIM BY MR. HOPWOOD. THROUGH A MIS- UNDERSTANDING ABOUT THE TAX PAYMENTS, THE COUNTY ACQUIRED THE PROPERTY THROUGH FORECLOSURE FOR NON-PAYMENT OF TAXES. MIR. THOMAS STATED THAT THIS IS NOT A VERY GOOD PIECE OF PROPERTY AND LOOKS AS -IF IT HAS BEEN MINED AT ONE TIME. 7 DEC 191979 ° ` WE DEC 19 1979 BaOK 42 PAGE 312 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR TO ADVERTISE THE ABOVE DESCRIBED PROPERTY FOR SALE. INTERGOVERNMENTAL COORDINATOR THOMAS NEXT DISCUSSED WITH THE BOARD A REQUEST MADE BY LINDA MCLAIN OF SEBASTIAN TO BUY COUNTY - OWNED LOT 9, BLOCK 3, AND LOT 25, BLOCK 4, SEBASTIAN GROVE ESTATES. HE NOTED THAT THE BOARD AUTHORIZED HIM TO SELL THESE SOME YEARS AGO AND THEY WERE ADVERTISED FOR SALE, BUT NO ONE BID ON THEM. THIS WAS SO LONG AGO, HOWEVER, THAT THE COORDINATOR ASKED TO BE REAUTHORIZED TO PUT THIS PROPERTY UP FOR SALE. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, TO AUTHORIZE THE INTERGOVERNMENTAL COORDINATOR TO ADVERTISE THE ABOVE DESCRIBED LOTS FOR SALE. COMMISSIONER SIEBERT POINTED OUT THAT THIS PROPERTY IS ZONED M-1 AND YOU CANT BUILD A RESIDENCE ON THAT, AND ATTORNEY COLLINS FELT NOW WOULD BE THE TIME TO REZONE IT, WHILE THE COUNTY OWNS IT. THE INTERGOVERNMENTAL COORDINATOR NOTED THAT THERE ARE ALREADY SEVERAL INDUSTRIAL USES .IN THIS AREA - A COMMERCIAL FISH BUSINESS, STORAGE FACILITIES, ETC. THE CHAIRMAN FELT INFORMATION ABOUT THE ZONING COULD BE INCLUDED IN THE ADVERTISEMENT, BUT DISCUSSION CONTINUED IN REGARD TO ZONING AND CONFORMANCE WITH THE MASTER PLAN. COMMISSIONER LYONS STATED THAT HE WOULD WITHDRAW HIS MOTION AND SUGGEST THAT THIS MATTER BE ROUTED TO THE PLANNING DEPARTMENT FOR THEIR SUGGESTIONS AS TO HOW IT IS GOING TO BE SHOWN ON THE PROPOSED MASTER PLAN. COMMISSIONER DEESON WITHDREW HIS SECOND. THE BOARD AGREED WITH COMMISSIONER LYONS'SUGGESTION,AND THE CHAIRMAN INSTRUCTED THAT THIS MATTER BE REFERRED TO THE PLANNING DEPARTMENT. CHAIRMAN WODTKE THEN LEFT THE MEETING TEMPORARILY, AND VICE CHAIRMAN LOY TOOK OVER THE MEETING. LLOYD HOBERG,. COUNTY SUPERVISOR FOR THE FARMERS HOME ADMINISTRATION, CAME BEFORE THE BOARD TO REVIEW HIS LETTER OF DECEMBER 19TH REPORTING THE ACTIVITIES CONDUCTED BY FMHA IN THE COUNTY DURING THE PAST YEAR. HE STATED THAT THERE IS A MISTAKE IN THE TOTAL FUNDS FOR ALL LOANS, AND HE BELIEVED IT SHOULD BE $74,000 INSTEAD OF $134,000 AS SHOWN. SAID LETTER IS AS FOLLOWS: FARMERS HOME ADMINISTRATION .3953 South U.S. #1 Ft. Pierce, Florida 33450 December 19, 1979 Mr Olilliam C. Wodtke, Jr., Chairman Board of County Commissioners 2145 -14th Ave. Vero Beach, FL 32960 Dear Mr. Wodtke: During the past year your local office of the Farmers Home Administration has done extentsive work in rural housing, farmer programs, community programs, and business and industry in Indian River County. It is my pleasure to report that during the past fiscal year the following activities were conducted by FmHA, a rural credit agency for the United States Department of Agriculture. 1. Total funds for all loans: $ 2. Total funds for all grants: 317,600.00 BREAKDOWN OF TYPES OF LOANS MADE DURING FY 1979 1. Agricultural $ 15,000.00 2. Emergency(Disaster): -0- 3. Rural Housing(All Types): 59,100.00 4. Water and Sewer: -0- 5. Water and Sewer Grants 317,600.00 6. Community Facilities -0- 7. Business and Industry: -0- TOTAL FmHA INVESTMENT IN COUNTY (all outstanding loans): $26,165,180.00 NUMBER OF LOANS MADE IN INDIAN RIVER COUNTY 1. Outstanding Farm & Emergency 8 2. Outstanding Housing Loans 140 3. Rural Water Systems 1 serving .798 families 4. Community Facility Loans 0 Thanks for your support during the past year. _If we can ever help in any way, please let us know. Sincerely, T LLHOBERG County Supervisor Farmers Home Administration is an Equal Opportunity Lender. Complaints of discrimination based on race, sex, religion, national origin or marital status should be sent to: Secretary of Agriculture, Washington, D. C. 20250 DEC 1.9 1979 9 aor�� ,CE313 DEC 19 1979 BOOK- 42- FACE -314 MR. HOBERG CONTINUED THAT LAST YEAR THEY HAD A RURAL RENTAL HOUSING UNIT WHICH IS NOW IN THE PROCESS OF BEING BUILT. HE NOTED THAT THEIR TOTAL INVESTMENT IN THE COUNTY IS MADE UP OF EIGHT FARM LOANS FOR $96,900; HOUSING LOANS OF $5,831,780; AND WATER AND SEWER $20,236,500. MR. HOBERG STATED THAT THE $20,000,000 FIGURE IS AN OUTSTANDING LOAN BECAUSE IT HAS BEEN COMMITTED OR OBLIGATED. THE TOTAL OVERALL GRANT FIGURE WOULD BE $745,100. DISCUSSION FOLLOWED ON THE GRANT FIGURE, AND MR. HOBERG NOTED THAT THIS FIGURE GOES WAY BACK. THE INTERGOVERNMENTAL 000RDI- NATOR AGREED THAT THIS APPLIED TO THE FIRST URBAN DEVELOPMENT UTILITIES SYSTEM AND THEN THE SECOND; THE METHOD OF FIGURING CHANGED AND THAT IS WHY IT IS SO HIGH. MR. HOBERG STATED THAT THIS REPORT IS ON THE TOTAL AMOUNT OF MONEY OUTSTANDING AS OF NOW. COORDINATOR THOMAS FELT THE $134,000 IS CORRECT INSTEAD OF $74,000, AND MR. HOBERG FELT HE MIGHT BE CORRECT BECAUSE THERE IS $60,000 HE CANT PINPOINT AT THIS MOMENT. COMMISSIONER SIEBERT FELT IF WE RECEIVE THIS REPORT FOR OUR RECORDS, WE ARE INDICATING WE AGREE WITH THE FIGURES, AND WE BETTER BE SURE THEY ARE RIGHT. ATTORNEY COLLINS STATED THAT IF THIS IS A CONCERN, THE REPORT CAN BE RECEIVED JUST FOR THE PURPOSES OF A PRESENTATION MADE BY MR. HOBERG, AND THE BOARD AGREED. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT DR. FLOOD HAS REQUESTED SOME MODIFICATIONS TO THE HEALTH DEPARTMENT BUILDING AS PER THE FOLLOWING LETTER: 10 STATE OF FLORIDA Bob Graham, DEPARTMENT OF Governor Health & Rehabilitative services District Nine INDIAN RIVER COUNTY HEALTH UNIT 2525 — 14th AVENUE VERO BEACH, FLORIDA 32960 November 28, 1979 Mr. Neil Nelson Assistant Cbmty Administrator P.O. Box 1028 Vero Beach, Fla. 32960 Dear Neil: For years we have experienced a problem with cooling our building. Due to the large amount of glass on the east and south exposures, heat generated by the sun is extreme. At this time, we request that you review and evaluate this problem and give some consideration to the possibility of sun -reflector film installation on the glass areas. In addition to the economy of reduced air conditioning costs, the building would be more comfortable. Due to the fact that our clinic begins at 7:00 AM four mornings each week, and our present sprinkler system "sprinkles" our entrance sidewalks, we request an automatic sprinkler system for our grounds. With an automatic system we will be able to operate it after work hours. We appreciate your prompt attention to our needs and emergencies of the recent past. Sincerely yours, C. Crosbie Flood, M.D. Director MR. NELSON EXPLAINED THAT DR. FLOOD HAS HAD PROBLEMS WITH THEIR AIR CONDITIONER OVERLOADING AND GOING OUT, WHICH HE BELIEVED WAS DUE TO THE WINDOW EXPOSURE. THE ASSISTANT ADMINISTRATOR CON- TINUED THAT HE HAS HAD ENERGY MIZERS LOOK THE SITUATION OVER AND MAKE AN ESTIMATE, WHICH IS AS FOLLOWS: 11 DEC 1.9 1979 BOOK 42 PACE #315 1 11 DEC 191979 Brno 4 . cEt316 1540 HIGHLAND AVENUE VERO BEACH, FLORIDA 32960 5623131 Er z�e-11 ?elsorl TO C t- -?oad. L Bride De;,, -)t REET 21'5 14Ith L e C,tJ Count House CITY Vero Reach, 320,60 1'11 4 R 6 7 e 9 to 11 12 13 14 15 JOB ADDRESS 2525 14th -We Vero Beach, 32060 Fl CUSTOMER P.O. SALESMAN SIG. coo CHARGEPROISED PHONUM8ER5 Dec 5,'I979 :°:.Sherhroo?� I IMNE 5026 QUOTATION - "SOLAR CONTROL" FILM Customer agrees to have the interior of glass washed clean and remove paint or other foreign matter from windows prior to Film Application. Obstructions, i.e., desks, chairs, drapes, venetianblinds, etc., should be moved away from windows to allow easy access by application team. *Tota( Price - Customer's Acceptance FLOOR ROOM NUMBER TYPE OF EXPO MAT'L SURE A GLASS SIZE QUANTITY SO FT EACH TOTAL So FEET REMARKS OR FxCFPT"•.': '1 East A11 Glass 351.55 703.0: 1 South All Glass 41-9-2.7 7:5.52 827.05 1551.04 I ou=c'i _ --as - 'i sI rth All Glass =56.77 47>•54 1 :' st -,111 Glass 27.00 54.00 or h .:e t �'S5•:i l �� • �' DO NOT USE AM _ PR )DUCTS TO CLEAN OL RFITL"ru �., ;205.'_8 WSRA JTY NULL At, D V ID IF �Or)llris ARE US f Unless Eicken wring Int cllctrion of Im JOB COMPLETED — DATE APPLICATOR TOTAL PRICE It MEASUREMENTS CONVERTED TO NEXT HIGHEST 2" MULTIPLE. This guaranty is made In lieu Of all warranties express or Implied. Seller guarantees the product Solar Control Film, against peeling, cracking, crazing, or loosening for a period of two years after Installation. Seller's liability for damages hereunder shall in no case exceed the purchase price of the product, and seller shall not be liable for any other injuries, loss or damage, direct or consequential, arising out of the use of this product. This warranty is void if the product has been subject to abuse or improper care. The foregoing may not be changed, except in an agreement signed by an officer Of Seller. � r, _oast Site (4) 3 x21 Upper Glass East side Korth end 3117 5:.57 (7) 3405 Unper pares 131.20 ( 7) OIN13 .sower panes 3 .1 1 (2) � =�_'GO .lanes east side '„o_1t entrance n 120.00 (4` 21. It 34.00 (4) 1`>.;0 " 60).00 ( 3) 21xI3 tt 42. -DO (2) 31:,76 Doors 65.11_'-!- (2) 13x60 Panes 30.00 (1) 72,20 20.00 (4) 13x2l 21.00 South Side C9? 33x40 panes 3405 (21) cif Upper Panes (21) 3103 Lower Panes North Side (15) 3405 Upper Vanes (15) 3103 Lower Panes ,Jest ,Side (6) 3603 Panes Total 3 703.09 South side East end Bldg 164.99 5-5.42 117.54 Total 3 827.95 339.53 83.IS Total 473-54 Total & 54.00 1029.29 sr__: foot ;lass in building . if solar filmed is equalto approx 10 tons of 10 tons of A/C. ;molar film on building can reduce A/C costs approximately 30 5 and heating costs approximately 30 ASSISTANT ADMINISTRATOR NELSON AGREED THAT THE SOLAR FILM DOES CUT DOWN ON ENERGY REQUIREMENTS, AND HE BELIEVED IT WOULD SAVE ON THE AIR CONDITIONING. THEIR RECOMMENDATION WAS TO PUT THE FILM ONLY ON THE SOUTH AND EAST WINDOWS FOR $1,531 AND NEXT YEAR BUDGET AND CONTINUE TO PUT FILM ON THE WINDOWS. HE FELT THE AUTOMATIC SPRINKLER WOULD BE MORE OR LESS A LUXURY ITEM, BUT THAT IT WOULD BE NICE TO HAVE IF IT COULD BE SET TO GO ON AFTER OFFICE HOURS. HE STATED THAT WE DO HAVE THE MONEY IN THE COURTHOUSE AND ANNEX ACCOUNT. DEC 191979 13 WE 3.117 I DEC 191979 Bom 42 PAcF318- CHAIRMAN WODTKE RETURNED TO THE MEETING AT 9:15 A.M. DISCUSSION ENSUED IN REGARD TO THE NORTH AND WEST WINDOWS, WHICH WOULD REQUIRE $570, AND COMMISSIONER LYONS RECOMMENDED THAT ONLY THE NORTH WINDOWS BE ELIMINATED SINCE YOU DON'T GET MUCH SUN ON THE NORTH. HE WENT ON TO DISCUSS THE COST OF BOTH HEATING AND COOLING THE BUILDING AND FELT THAT YOU WOULD GET YOUR MONEY BACK IN SAVED ENERGY COSTS FROM SUCH AN INSTALLATION. IN FURTHER DISCUSSION THE BOARD GENERALLY AGREED THAT ALL THE WINDOWS SHOULD BE DONE EXCEPT THOSE ON THE NORTH. MOTION WAS MADE BY COMMISSIONER LYONS TO ACCEPT THE ASSIST- ANT ADMINISTRATOR'S RECOMMENDATION AND IN ADDITION DO THE WEST WINDOWS, LEAVING OUT ONLY THOSE ON THE NORTH. COMMISSIONER SIEBERT COMMENTED THAT THE ESTIMATE OF $475.00 TO AUTOMATE THE SPRINKLER SYSTEM IS NOT VERY MUCH, BUT HE FELT THE SPRINKLERS CAN BE ADJUSTED SO THAT THEY DON'T SPRINKLE THE SIDEWALK. COMMISSIONER LYONS WITHDREW HIS MOTION TO REWORD SAME. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AGREED TO HAVE ENERGY MIZERS INSTALL SOLAR FILM ON THE EAST, SOUTH AND WEST WINDOWS OF THE COUNTY HEALTH DEPART- MENT BUILDING PER THEIR ESTIMATE OF DECEMBER 5, 1979, AND AUTHORIZED THE ADMINISTRATOR TO HAVE THE SPRINKLERS ADJUSTED TO THE BEST OF HIS WORK CREW'S ABILITY TO CORRECT THE PROBLEM. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICES WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 14 VERO REACH PRESS-JOURMAI.M = Published Weekly Vero Reach, Indian River County, Florida COUNTY OF INDIAN RIVER - STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in. Indian River County, Florida; that the attached copy of advertisement, being a 222�f O) - in the matter of n the lished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this day of� A.D. 7 1b, usiness Manager) (Clerk of the Circuit cou4jndian River County, Florida) (SEAL) Published Weekly Vero Reach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a % in the matter of XF t in the lisped in said newspaper in the issues of a sae '!�E 4 % / 7/ Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me thi day of A. D. �( usiness Manager) (Clerk of the Circuit CourtkVdian River County, Florida) (SEAL) DEC 191979 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on December 19, 1979 at 9:30 a.m. in the County Commission Chambers in the Indian River County Courthouse to consider the a4gption of: An Ordinance Amending Indian River County Ordinance 71-3, as Amended, Section 20 C-1 Commercial District (a) Special Ex- ceptions, ' Subsection (11), by deleting the existing Subsection (11), which reads laundry and dry cleaning pickup establishments; no laundering or dry cleaning on the premises, and substituting the following exception in its place, Self-service and professional laundry - dry cleaning establishments. BOARD OF COUNTY COM- MISSIONERS INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr. Chairman Dec. 4,1979. NOTICE NOTICE IS HEREBY GIVEN that the Board I of County Commissioners of Indian River County, Florida, will hold a public hearing on December 19, 1979 at 9:30 a.m. in the County. Commission Chambers in the Indian. River i, County Courthouse to consider the adoption of: An Ordinance Amending Indian River County Ordinance 71-3, as amended, Section 18 B-1 Planned Business District, Subsection 5, by deleting from Section 18 B-1, Subsection 5, Self- service. laundromats and similar type establishments, in its entirety and renum- bering enum bering each of the permitted uses subsequent to No (4) Motels and hotels, chronologically ending with, Medical clinics, but not to include convalescent homes, homes for the aged, being subsection 14. t BOARD. OF COUNTY COM- i MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA I By William C. Wodtke, Jr. .Chairman . Dec. 4,1979. moo 42 PAGE %9 J DEC 19 I VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of lJ ✓tom � '%j - 3 �e,c . / G, C in the Court, was pub - fished in said newspaper in the issues of laze -r— . 0 /y7 y Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before (SEAL) day of (Clerk of the Circuit Court, A.D.L_ siness Manager) � 16dAn River County, Florida) BOOK 42 PACE•V NOTICE NOTICE IS HE:`REBY GIVEN thatthe Board of County Commissioners of Indian River County, Florida, will hold a public hearing on December 19, 1979 at 9:30 a.m, in the County Commission Chambers in the Indian River County Courthouse to consider the adoption of: An Ordinance Amending Indian River County Ordinance 71-3, as amended, Section 19, C-lA Restricted Commercial District, by, adding to Section 19, (a) Special Exceptions, Subsection 23, an additional special exception which shall be — self-service laundries -dry cleaning establishments, which special ex- ception shall be known as Subsection (a) (24) and the existing subsection (a) (24) .shall be changed to read (a) (25).: BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA I I By William C. Wodtke, Jr. Chairman Dec. 4, 1979. ATTORNEY COLLINS RECOMMENDED RATHER THAN HOLD THREE SEPARATE PUBLIC HEARINGS, THAT ONE BE HELD FOR ALL AND THEN HAVE THREE SEPARATE MOTIONS. COMMISSIONER SIEBERT FELT WE HAVE RECEIVED A NEW RECOMMENDA- TION, BUT SENIOR PLANNER MARSH STATED THAT WHILE HE DID BRING OVER A NEW PACKET OF INFORMATION, IT DOES NOT CHANGE ANYTHING THE NET AFFECT IS TO TAKE SELF-SERVICE LAUNDROMATS OUT OF B-1, AND ALLOW BOTH SELF-SERVICE LAUNDROMATS AND DRY CLEANING ESTABLISHMENTS IN C-1 AND C -1A. THE ORDINANCES AS DRAFTED ARE CORRECT. HE NOTED THAT THEY WISH TO TAKE THE SELF-SERVICE LAUNDROMATS OUT OF B-1 PLANNED BUSINESS DISTRICT, WHICH IS INTENDED MORE FOR BUSINESS OFFICES, ETC, HE FURTHER NOTED THAT SELF-SERVICE LAUNDROMATS AND DRY CLEANING ALSO WILL BE ALLOWED IN M-1 ZONING, BUT THAT IS NOT ADDRESSED TODAY. 16 _I ATTORNEY COLLINS EXPLAINED THAT ANYTHING ALLOWED IN C-4 IS ALSO ALLOWED IN M-1. HE THEN INFORMED THE BOARD THAT COMMISSIONER LYONS HAS RECOMMENDED ON THE SECOND PROPOSED ORDINANCE -(ITEM 5B ON THE AGENDA) THAT THE WORD "CHRONOLOGICAL" BE CHANGED TO READ "NUMERICAL." THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK IN REGARD TO THE THREE PROPOSED ORDINANCE CHANGES. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING ON THE THREE PROPOSED ORDINANCE CHANGES. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-31 ALLOWING SELF- SERVICE AND PROFESSIONAL LAUNDRIES/DRY CLEANING ESTABLISHMENTS IN C-1. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-32 AS CORRECTED, DELETING SELF-SERVICE LAUNDROMATS FROM B-1. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-331 ALLOWING SELF-SERVICE AND PROFESSIONAL LAUNDRIES/DRY CLEANING ESTABLISHMENTS IN C-lA. 17 DEC 191979 acox, 42. pu 321 I DEC 19 1979 �aaK Q PAsE.322 ORDINANCE NO. 79 -31 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3, AS AMENDED, SECTION 20 C-1 COMMERCIAL DISTRICT, IS HEREBY AMENDED BY DELETING SUBSECTION (11)(a) AND SUBSTITUTING A NEW SUBSECTION (11) (a) BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That I.- Indian River County Ordinance 71-3, as amended, Section 20, C-1 COMMERCIAL DISTRICT, (a) Special Exceptions, Subsection (11), which Subsection reads: (11) Laundry and dry cleaning pickup establishments; no laundering or dry cleaning on the premises, is hereby deleted in its entirety and a new Subsection (a) (11) is substituted in its place, which shall read: (a) (11) Self-service and professional laundries/ dry cleaning establishments. Said Resolution shall become effective as of the 24th day of December, 1979. ORDINANCE NO. 79-32 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3, AS AMENDED, SECTION 18 B-1, PLANNED BUSINESS DISTRICT, BY DELETING SELF-SERVICE LAUNDROMATS FROM THE DISTRICT BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That I. Indian River County Ordinance 71-3, as amended, Section 18 B-1, Planned Business District, Subsection (b) (5) is hereby amended by deleting in its -entirety Subsection (b) 15), i.e., Self service laundromats and similar type establishments. II. Beginning with Subsection (b) (4) Motels and hotels, renumbering the balance of the uses subsequent to (b) (4) in numerical order ending with Medical clinics, but not to include convalescent homes for the aged,.being subsection (14) . ********************** Said Ordinance shall become effective as of the 24th day = December, 1979. ORDINANCE NO. 79-33 i AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3, AS AMENDED, SECTION 19, C-lA RESTRICTED COMMERCIAL DISTRICT, BY ADDING A SPECIAL EXCEPTION SELF-SERVICE LAUNDRIES/DRY CLEANING ESTABLISHMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That I. Indian River County Ordinance 71-3, as amended, Section 19, C-lA Restricted Commercial District, is hereby amended by adding to Section 19 (a) Special Exceptions an additional use to be numbered (24), which special exception shall appear as follows: 19 (a) (24) - Self-service laundries/dry cleaning establishments. II. The existing subsection (a) (24) being: (24) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to conditions expressed in section 25, subparagraph (g), shall be renumbered subsection (a) (25). Said Ordinance shall become effective as of the 24th day of December, 1979. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 9:45 O'CLOCK A.P. TO ATTEND THE RIBBON CUTTING CEREMONY FOR THE OPENING OF THE 17TH STREET BRIDGE. ATTORNEY COLLINS INFORMED THE BOARD THAT BACK IN 1951 THE COUNTY CONVEYED TO INDIAN RIVER FARMS DRAINAGE DISTRICT CERTAIN PROPERTIES WITH AN INADEQUATE DESCRIPTION, AS PER LETTER FROM ATTORNEY ROBERT JACKSON, AS FOLLOWS: 19 DEC 191979 _0.00% 42 �AGE'23 -I DEC x.91979 LAW OFFICES OF JACKSON & CLEM PROFESSIONAL ASSOCIATION ROBERT JACKSON CHESTER E. CLEM November 20, 1979 Mr. George D. Collins, Jr. County Attorney c/o P. 0. Box 3686, Beach Station Vero Beach, Florida 32960 Dear Joe: ;BOOK 42 PAGE 324 2165 15TH AVENUE P. O. BOX 2397 VERO BEACH; FLORIDA 32960 TELEPHONE 567-4355 AREA CODE 305 Enclosed please find corrective Quit Claim Deed for execution by the County. I am involved in a closing wherein Carl and Bar- bara Steele are selling their property to Peter O'Malley of the L. A. Dodgers. Mr. O'Malley's attorney, John Gould has requested that I obtain this Quit Claim Deed since the original deed did not reference the plat book and page number of the Indian River Farms Company. As in all real estate transactions, all parties are anxious to close as soon as possible and we would appreciate your assistance in this matter in obtaining the necessary signatures and returning the deed to me immediately. Sincerely, Robert Jackson ATTORNEY COLLINS CONTINUED THAT HE SEES NO PROBLEM WITH ISSUING A CORRECTIVE QUIT -CLAIM DEED TO MR. AND MRS. STEELE AS REQUESTED BY ATTORNEY JACKSON. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED QUIT -CLAIM DEED TO CARL AND BARBARA STEELE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. L_.DEC 19 1W A M OVID EORWI 8 - htS Quit -Claim Beed, Executed this 19thlay of December A. 1). 19 7.9 , by INDIAN RIVER COUNTY, a Political Subdivision of the State of - first party, to Florida CARL G. STEELE-and BARBARA STEELE, his wife tt,l►oseytostof five address is 5666 - 37th Street, Vero Beach, Florida 32960 second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) W. itneSSeth, That the said first party, for and in consideration of file sum of $ 10.00 in hand paid by lite said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which, the said first party has in and to lite following described lot, piece or parcel of land, situate, lying and being ill flip Counly of Indian River State of Florida , to -wit: The East 1/2 of the East 20.92 acres of Tract 4 (less canal) in Section 33, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2 at page 25; less and excepting, however, the West 25 feet of the North 172 feet of the East 1/2 of the East 20.92 acres of said Tract 4; said land lying and being in Indian River County, Florida. THIS IS A CORRECTIVE DEED for the sole purpose of referencing in the description the plat book and page number Of Indian River Farms Company which was not included in a County Deed from Indian River County to the Indian River Farms Drainage District dated February 26, 1951 and recorded March 6, 1951 in Deed Book 64 at page 348, Public Records of Indian River County, Florida. �o ilaue and to fold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In WORMS 1W11htVf0f,, The said first party has signed and sealed these presents the day and year first above written. INDIAN RIVER COUNTY (SEAL) Signed, sealed and delivered in presence of: -1911 liam C. WodtYce, Irii Chaff an Board of County ommone .................................................................. Attest L. S. 711, ST . OF FLORIDA, Freda Wright, Clk o 4COUNTY OF Indian River the Circuit Cour I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared William C. Wodtke, Jr. and Freda Wright, the Chairman of the Board of County Commissioners and the Circuit Court Clerk, respectively to me known to be the person gdescribed in and who executed the foregoing instrument and they acknowledged before me that theyexecuted the same by authority vested in them by Indian River CC WITNESS my hand and official seal in the County and State last aforesaid this day of A. D. 19 7 9 LYaf�.d "'Nd ry' ick,'' a "e 'o or'ida at Lar My Commission Expires 'Flus hulnul ew prepared b This Instrument Was Prepared By: Adtlncr ROBERT JACKSON P. 0. Box 2397 1979 Vero Beach, Florida -32960 X0TAlty PUBLIC STATE OF FLOUDA AT LARGE MY CUM�I�t,,� .EMPIRES 1U''t 9 iy^2 SONDED rHRU GEN -R-1 IMS_. UNDrXWltlTM Boa 42, PAGE 325 _I DEC 19 1979 BOOK 42 ma. 20 ATTORNEY COLLINS NEXT INFORMED THE BOARD'OF A ZONING VIOLATION BY MARILYN BARTHOLOMEW, AND STATED THAT SHE HAD BEEN CONTACTED BY THE ZONING DEPARTMENT AND REQUESTED TO MOVE A MOBILE HOME FROM HER PROPERTY. SHE APPARENTLY STATED THAT SHE WOULD PUT THE TRAILER UP FOR SALE AND HAVE IT REMOVED, BUT TO DATE THE MOBILE HOME IS STILL ON THE PROPERTY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PROSECUTE MR. & MRS. BARTHOLOMEW TO OBTAIN INJUNCTIVE RELIEF FROM THE ZONING VIOLATION. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO HAVE A STATUS REPORT OF THE PROJECTS INVOLVING REMOVAL OF HAZARDOUS BUILDINGS, ETC., SO HE COULD CONSULT A LIST AND DETERMINE WHETHER THEY ARE UNDER CITATION, IN COURT, OR BEING REMOVED, ETC, ATTORNEY COLLINS STATED THAT HE WOULD OBTAIN SUCH A LIST FROM BUILDING DIRECTOR RYMER, AND THE BOARD AGREED THAT THIS IS A GOOD IDEA. ATTORNEY COLLINS NEXT DISCUSSED RENEWING OF THE EXTENSION AGREEMENT WITH THE CITY OF VERO BEACH IN REGARD TO EXTENDING THE TIME FOR PREPARATION OF AN ENGINEERING REPORT FOR THE TRI PARTITE AGREEMENT FOR ONE MORE YEAR. HE INFORMED THE BOARD THAT THE CITY HAD THIS MATTER ON THEIR AGENDA LAST NIGHT AND APPROVED IT, AND HE HOPED THIS WOULD BE THE LAST YEAR THIS IS NECESSARY. ON'MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE EXTENSION AGREEMENT WITH THE CITY OF VERO BEACH, AS DESCRIBED ABOVE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. EXTENSION AGREEMENT THIS EXTENSION AGREEMENT, entered into between the City of Vero Beach, Florida, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and Indian River County, a political subdivision of the State of Florida, here- inafter referred to as the "County". WITNESSETH: WHEREAS, on the 11th day of January, 1973, the City and the County entered into an Agreement to which Annex I and Annex II, dated the 6th day of November, 1973, were subsequently attached and made a part of said Agreement; and WHEREAS, the parties desire to extend one provision of the said Agreement, dated January 11, 1973; NOW, THEREFORE, in consideration of the mutual agreements set forth hereinafter, the parties agree to amend Paragraph 8, page 5 of said Agreement dated January 11, 1973, to extend the period of time for an engineering report to be prepared by their respective Consulting Engineers from January 1, 1980 to IN WITNESS WHEREOF, the duly authorized officials of the i! City of Vero Beach, Florida, and the County of Indian River, have executed this Agreement, this _Ly day of December, 1979. CITY OF VERO BEACH, FLORIDA By Don C. Scurlock, Jr.,. IV Attes C ty ClAxqr, Appr v d as to form: S � � City Attorney, City of Vero Beach INDIAN RIVER COUNTY, FLORIDA By Chairman - County CommiAsion Attest: � M1 Clerk a Appro d as to form: C ty Kttol4ney - Indial River County DEC 19-1979 BOCK 4- PA. -E 327 DEC 191979 Bou 42 PA-uE 328 ASSISTANT ADMINISTRATOR NELSON GAVE A HISTORY OF THE ACTION TAKEN IN REGARD TO REESTABLISHMENT OF EASEMENTS IN VERO BEACH HOMESITES SUBDIVISION AND NOTED THAT MR. WILMOTH WAS ALLOWED TO DIG THE DITCH ON HIS OWN RESPONSIBILITY, AND IF IT DRAINED PROPERLY, THE COUNTY WOULD GRANT THE EASEMENT CHANGE. MR. NELSON STATED THAT THE EASEMENT HAS BEEN CHECKED OUT AND IT DOES DRAIN. ATTORNEY COLLINS STATED THAT HE HAS REVIEWED THE LEGAL DESCRIPTIONS AND THEY ARE CORRECT, ADMINISTRATOR JENNINGS WISHED TO BE SURE THAT THE DITCHES ARE PROPERLY CUT TO GRADE AND SLOPED AND THE CULVERT PLACED TO GRADE. ASSISTANT ADMINISTRATOR NELSON STATED THAT THE ZONING DIRECTOR AND WILSON WETHERINGTON OF THE ADMINISTRATOR'S STAFF HAVE BOTH CHECKED THE GRADE. MR. WILMOTH HAS RECENTLY REWORKED THE DITCH AND CLEANED IT OUT, AND THEY ARE SATISFIED. ATTORNEY COLLINS NOTED THAT THIS SITUATION WILL REQUIRE RELEASING SOME EASEMENTS AND ESTABLISHING SOME NEW ONES. THE BOARD STUDIED A MAP OF THE EXISTING DITCHES AND THE PROPOSED DITCHES. THE ATTORNEY STATED THAT HE HAS BEEN ADVISED THAT MR. WILMOTH DOES OWN EVERYTHING HE IS RELEASING. ONE LOT WAS TRANSFERRED TO HIS BROTHER, AND WE HAVE SIGNED EASEMENTS FROM BOTH WILMOTHS, EUGENE AND FRANK. THE BOARD THEN WENT ON TO DISCUSS THE LOTS WHICH ARE LOCATED IN TWO DIFFERENT BLOCKS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-122 APPROVING A RELEASE OF EASEMENTS ON LOTS 14 AND 15, BLOCK B, UNIT 1A, VERO BEACH HOMESITES AND EASEMENTS LYING ON LOTS 13 & 14, 4'S, BLOCK C, UNIT IA, VERO BEACH HOMESITES. ATTORNEY COLLINS SUGGESTED THAT THE BOARD NOW ACCEPT DRAINAGE EASEMENTS ON THE WEST 10' OF LOT 14 AND THE WEST 10' OF THE SOUTH 10' OF LOT 5, THE SOUTH 10' OF LOT 4 AND THE WEST 10' OF LOT 4, BLOCK C, AND ALSO THE WEST 10' OF LOT 15, BLOCK B. HE EXPLAINED THE LOCATION OF THE VARIOUS EASEMENTS. COMMISSIONER LYONS POINTED OUT THAT THE EXISTING EASE- MENTS ARE 5' ON EACH SIDE OF THE LOT LINES, BUT THE PROPOSED ONE IS 10' ALL ON ONE LOT SO THERE WILL BE A 5' OFFSET AND THEY WON'T LINE UP. THE DRAINAGE ALL GOES SOUTH)AND IT SHOULD BE A CONTINUOUS DITCH. ADMINISTRATOR'JENNINGS AGREED THAT THERE WOULD BE A 5' JOG RIGHT ON THE LINE, AND THAT WE DO NEED 10' AND IT SHOULD LINE UP. DISCUSSION CONTINUED AS TO WHAT WAS NEEDED TO LINE UP THE EASEMENTS, AND ATTORNEY COLLINS NOTED THAT THE EXISTING EASEMENT WAS DEDICATED IN LOTS 3 AND 4, BLOCK B AND THOSE ARE NOT BEING CHANGED: THE WEST 10' OF LOT 15, BLOCK B, IS WHERE THE JOG IS, HE POINTED OUT THAT THE NEW PLAN CUTS OUT ONE JOG FROM THE PRIOR EASEMENT. ADMINISTRATOR JENNINGS SUGGESTED THAT POSSIBLY THE APPLI- CANT COULD ABANDON THE EASEMENTS BETWEEN LOTS 3 AND 4, BLOCK B, AND GIVE THE EASEMENT ALL OFF OF ONE LOT TO CORRECT THE JOG AND MAKE THE EASEMENTS LINE UP. ATTORNEY COLLINS FELT THAT THE CHAIRMAN'S SUGGESTION TO PICK UP 5' OFF OF LOT 4 IN THE SOUTHWEST CORNER WAS THE BEST SOLUTION. COMMISSIONER LYONS DID NOT THINK WE OUGHT TO ENGINEER THIS PROBLEM FROM HERE AND THAT IT SHOULD BE TURNED BACK FOR A SOLUTION. MOTION WAS MADE BY COMMISSIONER LYONS TO TABLE THIS MATTER UNTIL THE PROBLEM OF THE JOG IN THE DITCH CAN BE SATISFIED. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER Loy COMMENTED THAT THE APPLICANT REQUESTED THIS BE PUT ON THE AGENDA AS AN EMERGENCY BEFORE AND WONDERED HOW WE CAN EXPEDITE IT. COMMISSIONER LYONS FELT IF THEY CAN COME IN AND TELL THE BOARD THIS AFTERNOON HOW THEY CAN ALIGN THE EASEMENT, IT WILL BE SATISFACTORY, AND COMMISSIONER SIEBERT AGREED. ASSISTANT ADMINISTRATOR NELSON STATED THAT HE WILL TRY TO RESOLVE THIS AND BRING IT BACK. 25 BOOR 2 �fAc� f-329 DEC 19 1979 DEC 191979 BOOK 42 pAcF 310 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AGREED TO RECONSIDER THE PREVIOUS MOTION ADOPTING RESOLUTION 79-122, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY RESCINDED RESOLUTION 79-122, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO CONSIDER ITEM 25 D RE EASEMENTS IN VERO BEACH HOMESITES SUBDIVISION LATER TODAY. KEVIN COOLEY OF POST, BUCKLEY, SCHUH & JERNIGAN, INC., CAME BEFORE THE BOARD TO MAKE A PRESENTATION IN REGARD TO THEIR SOLID WASTE DISPOSAL RATE STUDY. MR. COOLEY REVIEWED THE HISTORY OF THE SANITARY LANDFILL, NOTING THAT THE COUNTY ENTERED INTO THE NEW LANDFILL IN AUGUST OF 1977 UNDER EMERGENCY CONDITIONS. IN JANUARY OF 1978, THE SCALES WHICH HAD BEEN INSTALLED WENT INTO OPERATION AND BEGAN WEIGHING ALL THE WASTE. PRIOR TO THAT ALL WASTE WAS MEASURED ON VOLUME. AFTER THE SCALES WENT IN SERVICE, WE BEGAN TO CHARGE USER CHARGES IN CONJUNCTION WITH A USER RATE SCHEDULE, AND THAT INTERIM RATE SCHEDULE, WHICH HAS BEEN IN EFFECT CLOSE TO TWO YEARS, IS THE SUBJECT OF THIS REPORT. THE PURPOSE OF THE STUDY IS TO REVIEW THE FINANCIAL OPERATIONS OF THE LANDFILL, ESTABLISH REVENUE NEEDS FOR THE NEXT TWO FISCAL YEARS, AND RECOMMEND RATES NECESSARY TO COVER THE EXPENSES. MR. COOLEY SUMMED UP THEIR STUDY BY STATING THAT THEY FOUND THE LANDFILL TO BE OPERATING EFFICIENTLY AND ON A SOUND FINANCIAL BASIS AND FOUND THE EXISTING RATES ADEQUATE TO COVER PROJECTED EXPENSES THROUGH FISCAL YEAR 1981. MR, COOLEY COMMENTED THAT THERE IS ALWAYS ROOM FOR SOME IMPROVEMENTS AND THEY HAVE MADE A SERIES OF 9 RECOMMENDATIONS DESIGNED TO IMPROVE THE OPERATION, AS FOLLOWS: (1) THE EXISTING WEEKLY REPORT FORMS SHOULD BE MODIFIED TO MORE CLEARLY DEFINE THE LABOR AND EQUIPMENT EXPENSES AS EITHER O & M EXPENSES, CAPITAL IMPROVEMENTS,OR WORK DONE FOR OTHERS. (2) THERE NEEDS TO BE SOME REVISION IN THE EXISTING CASH FLOW PRACTICES TO PROVIDE MONTHLY CONTRIBUTIONS TO THE VARIOUS FUNDS AND ACCOUNTS OUTLINED IN THE OFFICIAL STATEMENT. MR. COOLEY NOTED THAT RIGHT NOW ALL REVENUES GO INTO A SINGLE FUND AND ARE DISTRIBUTED FOR MONTH TO MONTH OPERATING EX- PENSES AND HE ASSUMED AT THE END OF THE YEAR THAT IS DISTRIBU- TED INTO THE VARIOUS RESERVE FUNDS. THEY FEEL THIS SHOULD BE DONE ON A MONTHLY BASIS. COMMISSIONER SIEBERT INQUIRED ABOUT OUR ABILITY TO INVEST THOSE FUNDS, AND MR. COOLEY STATED THAT THEY CAN BE INVESTED. SUR- PLUSES ARE AVAILABLE FROM THE MONTHLY OPERATIONS. (3) AN ADDITIONAL $50,000 SHOULD BE CONTRIBUTED TO THE RENEWAL AND REPLACEMENT FUND FROM THE FISCAL YEAR 1979 BUDGET. MR. COOLEY NOTED THAT THE BOND REQUIRED 10%, AND THE FUND IS TO BE BUILT UP OVER A PERIOD OF YEARS TO A CERTAIN LEVEL. DURING THE PAST YEAR, THERE WAS ONE UNEXPECTED EQUIPMENT PURCHASE REQUIRED, AND SOME OF THE R & R FUNDS WERE USED TO PAY FOR THIS TRACTOR. SINCE THE FIRST YEAR OF OPERATION WAS SUCCESSFUL, THEY RECOMMEND THAT $50,000 BE CONTRIBUTED TO THE R & R FUND TO BRING IT UP TO THE LEVEL THEY FEEL IT SHOULD BE AT THIS TIME. (4) THEY RECOMMEND MAKING ANNUAL CONTRIBUTIONS TO THE R & R FUND IN THE AMOUNT OF 10% OF THE PREVIOUS YEAR'S GROSS LANDFILL REVENUES TO ESTABLISH AND MAINTAIN A FUND BALANCE OF $200,000. WHEN THIS AMOUNT IS REACHED, THEN THE 10% CAN BE DISTRIBUTED. (5) THE LANDFILL IS BEING DEVELOPED IN FOUR SEGMENTS; THE PREPARA- TION OF THE FIRST SEGMENT HAS BEEN VIRTUALLY COMPLETED. IT WILL BE NECESSARY TO MOVE IMMEDIATELY INTO SEGMENT #2, AND FUNDS SHOULD BE SET ASIDE IN THE CONSTRUCTION RESERVE FUND FOR THAT PURPOSE. THEY ARE FORECASTING 1985 FOR MOVING INTO SEGMENT #2 AND RECOMMEND $37,000 PER YEAR AS AN ADEQUATE AMOUNT FOR THE RESERVE FUND. (6) THE NEXT RECOMMENDATION IS TO ESTABLISH A NEW CATEGORY OF WASTE. THE INTERIM RATE SCHEDULE PROPOSED SIX OR SEVEN CATEGORIES DEPENDING ON THE TYPE OF WASTE AND ANTICIPATED COST OF DISPOSING OF THAT CERTAIN TYPE. CONTRACTORS COMPLAINED 27 DEC 191979 BOOK 44 _PAc€331 DEC 191979 Bea 42 PAGE 332 THAT THE CHARGES FOR DISPOSING OF STUMPS, LOGS, TREE LIMBS, BRUSH AND OTHER ITEMS ASSOCIATED WITH THE CONSTRUCTION OF NEW HOMES WERE MAKING THEIR COSTS EXCESSIVE. IN AN ATTEMPT TO PROVIDE A MORE EQUITABLE RATE, THE COUNTY INVESTIGATED AND COMMITTED TO GO AHEAD WITH INSTALLATION OF AN AIR CURTAIN DESTRUCTOR TO REDUCE THE COSTS FOR THESE TYPE OF BURNABLE ITEMS. POST, BUCKLEY, THEREFORE, NOW PROPOSES AN INTERIM RATE OF $7.00 PER TON FOR THESE TYPE OF MATERIALS, OR A $2.00 PER TON REDUCTION FROM THE NORMAL CHARGE, WHICH THEY FEEL WOULD REPRESENT A SIZEABLE SAVING FOR THIS KIND OF WASTE. (7) A LINE ITEM SHOULD BE ESTABLISHED THAT IDENTIFIES BUDGET TRANSFERS FOR WORK DONE OUTSIDE THE LANDFILL. MR. COOLEY NOTED THAT HISTORICALLY THERE HAS BEEN SOME EXCHANGE OF EQUIPMENT AND MANPOWER BETWEEN OPERATIONS IN THE COUNTY. THIS WORKS BOTH WAYS, AND ROAD & BRIDGE MIGHT SUPPLY EQUIP- MENT SOMETIMES. TO PROVIDE AN EQUITABLE SITUATION, THERE HAS TO BE A TRANSFER OF FUNDS FOR CREDIT FOR THE EQUIPMENT AND USE OF PERSONNEL. MR. COOLEY BELIEVED THAT THE FINANCE DEPARTMENT HAS ESTABLISHED RENTAL RATES, AND FINANCE OFFICER BARTON CONFIRMED THAT THEY HAVE WORKED UP A PUBLISHED MANUAL OF RATES. CHAIRMAN WODTKE COMMENTED THAT HE WOULD NOT WANT ROAD & BRIDGE, FOR INSTANCE, CHARGED THE SAME RATE AS DICKERSON, AND ASSISTANT ADMINISTRATOR NELSON INFORMED HIM THAT THESE ARE NOT EXORBITANT FEES, BUT REALISTIC AND REASONABLE. HE STATED THAT THE LANDFILL HAS BEEN BORROWING MORE EQUIPMENT THAN VICE VERSA, AND NOTED THAT THE FEES ARE NOT SET UP ON A PROFIT BASIS. (8) THEY ARE RECOMMENDING THAT $20,000 BE SET ASIDE FROM THE FISCAL YEAR 1979 BUDGET FOR INITIAL LANDSCAPING, AND THIS WORK SHOULD BE COMPLETED AS SOON AS POSSIBLE BECAUSE THERE IS SOME EROSION OCCURRING IN THE SIDE SLOPES, PARTICULARLY THAT FACING ALONG I-95. THE LANDSCAPING WOULD BOTH CONTROL THE EROSION AND IMPROVE THE VIEW. MR. COOLEY NOTED THAT IF THIS DOESN'T WORK, THERE SHOULD BE SOME REGRADING. HE FELT THE LANDSCAPING WOULD SAVE MONEY RATHER THAN MOVING DIRT AROUND. COMMISSIONER SIEBERT AGREED THAT THIS IS IMPORTANT ESPECIALLY AS WE EVENTUALLY WILL BE USING THIS LAND FOR SOME OTHER PURPOSE AND IT SHOULD BE KEPT IN AS'GOOD SHAPE AS POSSIBLE. (9) THE LAST RECOMMENDATION IS THAT YEAR END SURPLUS REVENUES BE CONTRIBUTED TO THE RENEWAL AND REPLACEMENT FUND. MR. COOLEY ANTICIPATED THAT THE LANDFILL WILL SHOW A SURPLUS OF ABOUT $13,000 IN 1979; $10,000 IN 1980; AND $24,000 IN 1981. HE FELT THESE ARE HEALTHY AND NOT EXORBITANT SURPLUSES, AND THE BEST USE FOR THEM WOULD BE TO INVEST THEM IN THE R & R FUND AND BUILD THIS UP AS QUICKLY AS POSSIBLE SINCE THIS FUND EARNS INTEREST AS IT IS INVESTED. COMMISSIONER SIEBERT ASKED IF WE SHOULD BE LOOKING AT THE ACQUISITION OF ADDITIONAL PROPERTY FOR THE TIME WHEN THE LANDFILL RUNS OUT. MR. COOLEY STATED THAT THEY DID SOME UPDATED PROJECTIONS AND CAME UP WITH 17 YEARS OF USE. THEY FOUND THAT THERE IS MORE WASTE THAN ORIGINALLY ENVISIONED, WHICH IS GOOD AS FAR AS REVENUES G0, BUT USES THE SITE UP MORE QUICKLY. BUT THEY HAVE ADDED ANOTHER LIFT AND THE AIR CURTAIN DESTRUCTOR, WHICH WILL EXTEND THE LIFE OF THE LANDFILL A CERTAIN AMOUNT. COMMISSIONER Loy COMMENTED THAT IF THE DER WILL ALLOW US TO GO TO A THIRD LEVEL,THAT WILL EXTEND THE LIFE ALSO. SHE FELT WE ARE ASSURED OF 17 YEARS PLUS. MR. COOLEY POINTED OUT THAT THE HIGHER YOU G0, THE MORE FILL AND COVER MATERIAL YOU NEED, AND THE BORROW PIT WAS DESIGNED FOR ONE LEVEL OF 101 . COMMISSIONER SIEBERT ASKED IF IT WOULD BE WISER TO BUILD UP THE CASH RESERVE AND BUY MORE LAND, AND MR. COOLEY NOTED THAT THERE MAY BE A DIFFERENT DISPOSAL METHOD BY THEN. c Boax 42facE 333 _I DEC 191979 Box .42 PacE 334 SALVAGE WAS DISCUSSED, AND THE ASSISTANT ADMINISTRATOR FELT THAT WE MAY SOME DAY HAVE ENOUGH WASTE TO GENERATE A PLANT TO PRODUCE ELECTRICITY. COMMISSIONER LOY DISCUSSED RECOMMENDATION #2 WHICH SUGGESTS MAKING MONTHLY CONTRIBUTIONS TO THE VARIOUS ACCOUNTS, AND FINANCE OFFICER BARTON STATED THAT HE WOULD PREFER TO DO THIS AT THE END OF ONE FISCAL YEAR AND COMPLETELY FUND WHAT WILL BE NECESSARY FOR THE NEXT FISCAL YEAR. THE CHAIRMAN ASKED IF THERE ARE ANY BOND REQUIREMENTS THAT CALL FOR THIS TO BE DONE MONTHLY, AND MR. COOLEY DID NOT BELIEVE SO. HE STATED THEY JUST WANTED TO KEEP TRACK OF THINGS AS YOU GO ALONG RATHER THAN WAITING UNTIL THE END OF THE YEAR. MR. BARTON POINTED OUT THAT THE ACCOUNTS ARE FUNDED A YEAR IN ADVANCE. DISCUSSION CONTINUED AS TO WHETHER TO MAKE CONTRIBUTIONS TO THE VARIOUS ACCOUNTS MONTHLY, ONCE A YEAR, OR POSSIBLY TWICE A YEAR, AND IT WAS NOTED THAT WE DO NOT HAVE TO ACCEPT THIS PARTICULAR RECOMMENDATION. FINANCE OFFICER BARTON INFORMED THE BOARD THAT THE LANDFILL HAS ABOUT FOUR CHECKING ACCOUNTS AND EXPLAINED HOW THEY PAY BILLS, COLLECT MONEY, ETC. HE NOTED THAT THE TREASURY FUND PAYS, BUT IT IS REIMBURSED. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM- MISSIONER Loy, TO ADOPT THE PROCEDURES RECOMMENDED BY THE CONSULTANTS, POST, BUCKLEY, SCHUH & .JERNIGAN, INC., IN THEIR SOLID WASTE DISPOSAL RATE STUDY, WITH THE EXCEPTION OF RECOMMENDATION #2, WHICH WILL BE WORKED OUT; THESE RECOMMENDATIONS TO BE IMPLEMENTED BY STAFF AS SOON AS FEASIBLE. THE CHAIRMAN ASSUMED THAT THE ADMINISTRATOR AND HIS ASSISTANT HAVE GONE OVER THESE RECOMMENDATIONS WITH THE STAFF AND FEELS THEY CAN BE IMPLEMENTED. ADMINISTRATOR JENNINGS STATED THAT HE AND MR. NELSON FEEL THESE RECOMMENDATIONS ARE ON LINE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COPY OF THE SOLID WASTE DISPOSAL RATE STUDY IS ON FILE IN THE OFFICE OF THE CLERK. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. ALL MEMBERS WERE PRESENT EXCEPT FOR'COMMISSIONER SIEBERT, WHO WAS ABSENT FOR THE REMAINDER OF THE MEETING. KEITH SWENSON, WHO WORKS WITH THE ENVIRONMENTAL DESIGN DEPARTMENT OF GENERAL DEVELOPMENT CORPORATION, CAME BEFORE THE BOARD TO DISCUSS THEIR PLANS TO IMPROVE THE ENTRY AREA OF VERO BEACH HIGH- LANDS. HE INTRODUCED -PETER SETTLES, OF THEIR LEGAL DIVISION, TED MOREAU, GENERAL MANAGER OF THEIR PROPOSED PROJECT, AND CHUCK MILLER, PRESIDENT OF THE HOMEOWNERS ASSOCIATION. MR.. SWENSON STATED THAT THEY HAVE BEEN WORKING WITH THE PLANNING DEPARTMENT OVER THE PAST FEW MONTHS AND WOULD LIKE SPECIFIC PERMISSION FOR TWO OF THEIR PROPOSALS, AS FOLLOWS: (1) LANDSCAPE APPROXIMATELY 1000 LINEAL FEET OF THE 20TH PLACE RIGHT-OF-WAY. (2) INSTALL DECORATIVE PAVING ON 20TH PLACE BETWEEN THE U.S. 1 RIGHT-OF-WAY AND THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY. MR. SWENSON REFERRED TO THE SITE PLAN WHICH THEY DISPLAYED TO THE BOARD AND INFORMED THE BOARD THAT THEY HAVE RECENTLY ACQUIRED THE FLEA MARKET PROPERTY AND WILL BE DEVELOPING IT AND MAKING SOME IMPROVEMENTS ALONG 20TH PLACE. TO THE RIGHT OF 20TH PLACE, THEY WILL BE CONSTRUCTING A BUILDING TO HOUSE SALES AND ADMINISTRATIVE OPERATIONS FOR THE FORSEEABLE FUTURE. THIS SKETCH SHOWS A BUILDING OF 15,000 SQ. FT., BUT THEY WILL BE STARTING WITH A 3.000 SQ. FT. BUILDING. MR. SWENSON NOTED THAT THIS ALREADY HAS GONE THROUGH PLANNING AND SITE PLAN REVIEW ALONG WITH THE LANDSCAPING TREATMENT. THEIR SPECIFIC REQUEST TODAY INVOLVES CERTAIN IMPROVEMENTS TO TAKE PLACE WITHIN THE PUBLIC RIGHT-OF-WAY. THEY PROPOSE TO TEAR UP THE EXISTING PAVED AREA BETWEEN THE RIGHT-OF-WAY ON U.S. 1 AND THE RIGHT-OF-WAY TO THE RAIL- ROAD TO THE NORTH AND REPLACE THAT WITH A DECORATIVE PAVEMENT, WHICH DEC 1-91979 31 . BooK : 42 pacE.335 r DEC 1919 79 BooK 42 fAcc 336 WILL MEET ALL DOT STANDARDS. ADDITIONALLY, THEY WOULD LIKE TO UPGRADE THE LANDSCAPING IN THE MEDIAN STRIP WEST OF THE RAILROAD AND ACROSS FROM THE 7-11 STORE, AND ALSO WANT TO PUT IN SOME TREES AND SHRUBS IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF THE HOUSES FOR A DISTANCE OF APPROXIMATELY 1,000'. CHAIRMAN WODTKE NOTED THAT HE HAS HAD A LOT OF CONCERN BY PROPERTY OWNERS ABOUT THE BLIND CORNER AND THE ROAD COMING UP OVER THE HILL. HE NOTED THE SHRUBBERY WOULD HAVE TO BE REAL LOW. MR. SWENSON STATED THEY DO NOT WANT TO ENDANGER ANYONE'S SAFETY AND ANY LANDSCAPING THEY WOULD DO ALONG THE RIGHT-OF-WAY WOULD MEET ALL VISIBILITY REQUIREMENTS. HE NOTED THAT THEY MADE A PRESENTATION ABOUT THIS SAME MATTER TO THE BOARD SEVERAL YEARS AGO, BUT AT THAT TIME THEY HAD ADDITIONAL PROPOSALS, AND THEY ARE NOT NOW PLANNING TO HAVE A STRUCTURE IN THE RIGHT-OF-WAY. CHAIRMAN WODTKE NOTED THAT THE MEDIAN WOULD PRESENT A PROBLEM FOR TRAFFIC LEAVING THE 7-11 STORE AND DESIRING TO GO TO THE EAST. MR. SWENSON AGREED THAT COULD BE A PROBLEM. HE NOTED THE SITE PLAN PRESENTED IS ONLY AN ARTIST'S DRAWING, AND THE MEDIAN MIGHT CAUSE TOO MUCH PROBLEM TO BE WARRANTED, HE CONTINUED THAT THEY HAVE DISCUSSED THEIR DEVELOPMENT PLANS WITH THE 7-11 PEOPLE AND HAVE MET WITH THEIR ARCHITECTS. COMMISSIONER LOY ASKED IF THERE ARE ENTRANCES OUT FROM THE 7-11 ONTO OLD DIXIE, AND MR. REVER STATED THERE IS JUST A LARGE OPENING. SHRUBBERY. CHAIRMAN WODTKE INQUIRED ABOUT PLANS FOR MAINTAINING THE MR. SWENSON STATED THAT HE HAS SUBMITTED A DRAFT DOCUMENT RE MAINTENANCE TO THE BOARD'S ATTORNEY. GENERAL DEVELOPMENT CORPORA- TION WILL MAINTAIN ALL THE IMPROVEMENTS, BOTH ON THEIR OWN PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY FOR AT LEAST THREE YEARS. THEY WILL CREATE A PROPERTY OWNERS ASSOCIATION THAT FUTURE PROPERTY BUYERS IN 32 THE DEVELOPMENT WILL BELONG TO MANDATORILY, AND THAT PROPERTY OWNERS ASSOCIATION WILL BE RESPONSIBLE FOR THE MAINTENANCE AND OPERATION OF THE IMPROVEMENTS AFTER THE THREE YEAR PERIOD. HE INFORMED THE BOARD THAT THEY HAVE USED THIS SYSTEM VERY SUCCESSFULLY AROUND THE STATE. CHAIRMAN WODTKE EMPHASIZED THAT PERPETUAL MAINTENANCE IS A GREAT CONCERN BECAUSE THE COUNTY IS NOT GOING TO MAINTAIN THESE IMPROVEMENTS. THE CHAIRMAN THEN ASKED IF THERE IS A DECELERATION LANE ON U.S. I GOING SOUTH BY THEIR PROPERTY. MR. SWENSON REPLIED THAT THEY HAVE APPLIED FOR A DECELERA— TION LANE AND A MEDIAN CUT. THE CHAIRMAN ASKED IF THE DECELERATION LANE WILL GO ALL THE WAY TO THE ENTRANCEWAY, AND ENGINEER KEN MILLER STATED THAT IT DOES NOT. THE CHAIRMAN FELT IF WE DONT REQUIRE THIS TO BE DONE RIGHT NOW, IT WILL NEVER GET DONE. HE POINTED OUT THAT SUCH A LANE IS NEEDED AT VERO SHORES, AND IT HAS NEVER BEEN DONE. COMMISSIONER LYONS AGREED THAT TRAFFIC FLOW IS VERY IMPORTANT AND WE SHOULD MAKE ALL OUR PLANS NOW FOR THE FUTURE OF THIS ROAD AND THEN P -UT IN ALL THE GINGERBREAD. MR. SWENSON STATED THAT THEY HAVE BEEN TRYING TO RELATE THIS TO THE MASTER PLAN, PLANNING DIRECTOR REVER INFORMED THE BOARD THAT THEY HAVE A PLAN WITH THREE INTERNAL NORTH—SOUTH CONNECTIONS TO SIPHON THE TRAFFIC TO FLOW AWAY FROM U.S. 1. HE FELT, HOWEVER, THAT SIGNALIZA— TION AND A DECELERATION LANE IS VERY IMPORTANT AND THAT POSSIBLY WE NEED TO MODIFY THE SITE PLAN. MR. SWENSON INFORMED THE BOARD THAT THE DOT HAS GRANTED THEM PERMISSION TO PUT TREES IN THE MEDIAN ON U.S. 1, AND THEY WOULD LIKE TO GET IN AND START CONSTRUCTION OF THE ADMINISTRATIVE FACILITY AND THE LANDSCAPING RIGHT AFTER THE FIRST OF THE YEAR, HE NOTED THAT THE SITE PLAN APPROVAL IS COMPLETED, AND THE ONLY THING REMAINING IS THE TREES, DECORATIVE PAVING, ETC. DEC 1.9 1979 33 BOOK -.42 PAcE:TJ DEC 19 1979 BOOK -42 PAGE 338 PLANNING DIRECTOR REVER EXPLAINED THAT SITE'PLAN APPROVAL HAS BEEN APPROVED BASED UPON THEM OBTAINING THE NECESSARY REZONING. THEY FELT THE QUESTION OF UTILIZATION OF THE RIGHT-OF-WAY IS THE BOARD'S PROVINCE. HE NOTED THAT THIS IS A CONCEPTUAL APPROACH, AND IF THE BOARD DOES APPROVE OF IT, THEY WILL HAVE TO COME BACK WITH A DETAILED, SPECIFIC DRAWING. MR. REVER STATED THAT HIS DEPARTMENT DOES NOT HAVE ANY PROBLEM WITH WHAT IS PROPOSED, BUT WANTS TO BE SURE THE BURDEN OF MAINTENANCE IS NOT ON THE COUNTY. THE BOARD THEN REVIEWED THE SITE PLAN THAT WAS APPROVED BY THE SITE PLAN REVIEW COMMITTEE. IT SHOWED AN SO' RIGHT-OF-WAY AND A DECELERATION LANE. DISCUSSION FOLLOWED ON THE DECORATIVE PAVING AT THE ENTRANCE, AND MR. SWENSON EXPLAINED THAT IT LOOKS LIKE ENLARGED BRICK. AN ACCELERATION HOLDING LANE TO GET BACK INTO TRAFFIC ON U.S. I WAS ALSO DISCUSSED. MR. SWENSON STATED THAT HE WOULD NOT LIKE THIS WINDOW- DRESSING BIT TO HOLD UP MOVING AHEAD WITH THEIR PROJECT AND IF THERE ARE SPECIFIC DESIGN PROBLEMS, THEY WOULD BE GLAD TO GET WITH THE COUNTY TO WORK THESE OUT. CHAIRMAN WODTKE NOTED THAT THE PROPERTY OWNERS ASSOCIATION WILL ONLY ADDRESS NEW RESIDENTS. MR, MOREAU STATED THAT THEY HAVE APPROXIMATELY 1,100 LOTS THAT HAVE NOT BEEN SOLD, AND THE MARKETING STRATEGY IS THAT THEY WILL ONLY BE SOLD AS A HOUSE -LOT PACKAGE AND THE BUYER MUST JOIN THE PROPERTY OWNERS ASSOCIATION. THERE ARE PRESENTLY ABOUT 250 HOMES SCATTERED AROUND, AND THERE IS AN EXISTING VOLUNTARY HOMEOWNERS ASSOCIATION WITH ABOUT 66 MEMBERS. HE STATED THAT THEY HAVE MET WITH THIS ASSOCIA- TION, REVIEWED THE CONCEPTUAL PLANS, AND OFFERED THEM THE OPPORTUNITY TO JOIN THE ASSOCIATION ONCE IT IS FORMED, AND THEY HAVE AGREED TO DO SO. MR. SWENSON STATED THAT EVENTUALLY THEY ANTICIPATE CON- STRUCTION OF SOME KIND OF RECREATIONAL AMENITY AND THAT WILL BE THE RESPONSIBILITY OF THE PROPERTY OWNERS ASSOCIATION. ATTORNEY COLLINS DID NOT FEEL THE COUNTY SHOULD RELIEVE GENERAL DEVELOPMENT OF THE ULTIMATE RESPONSIBILITY IN THE EVENT THE PROPERTY OWNERS ASSOCIATION DOES NOT ALWAYS HAVE FUNDS AVAILABLE. 3� MR. SWENSON POINTED OUT THAT THE TYPE OF TECHNIQUE THEY ARE PROPOSING IS APPROVED BY HUD. COMMISSIONER SOY NOTED THAT ALTHOUGH THE PROPERTY OWNERS ASSOCIATION WOULD ASSUME THE RESPONSIBILITY, HOMEOWNERS ASSOCIATION CHANGE AND MANY OTHER THINGS CHANGE, AND SHE WOULD JUST RATHER HAVE THEM OUT OF THE COUNTY RIGHT-OF-WAY. SHE FELT THE LANDSCAPING IDEA IS GOOD, BUT WOULD RATHER THEY DO IT ON THEIR OWN PROPERTY. COMMIS- SIONER SOY CONTINUED THAT IF, FOR SOME REASON, THAT ROAD HAS TO BE WIDENED, WE WOULD HAVE TO GO IN AND TEAR UP THE LANDSCAPING. MR. SWENSON.REPLIED THAT IF THE CORPORATION OWNED ALL THE LAND, THERE WOULD BE NO PROBLEM, BUT SOME OF THE PLACES THAT ARE NOT DEVELOPED ARE PRIVATELY OWNED PROPERTIES; AND THEY DO NOT WANT TO COME UP WITH A HODGE-PODGE LANDSCAPE TREATMENT. COMMISSIONER LYONS STATED THAT HE WOULD HAVE NO OBJECTION TO VOTING TO PUT TREES IN THE RIGHT-OF-WAY IF GDC WOULD AGREE TO CONTINUE THE MAINTENANCE IF THE PROPERTY OWNERS ASSOCIATION DEFAULTS. MR. SWENSON NOTED THAT THERE WILL BE A TIME IN THE FUTURE WHEN THEY ARE NOT WORKING IN THIS NEIGHBORHOOD, AND THEY ARE TRYING TO ASSURE THAT THERE IS A LEGAL ENTITY TO HANDLE THIS WHEN THEY LEAVE. ATTORNEY COLLINS STATED THAT THE BOARD IS TRYING TO TELL GENERAL DEVELOPMENT THAT THEY WANT MORE - PARTICULARLY IN REGARD TO INDEMNIFICATION IF ANYTHING HAPPENED AS A RESULT OF TREES IN THE RIGHTS-OF-WAY. HE NOTED THAT THE COUNTY WOULD MUCH PREFER TO HAVE GENERAL DEVELOPMENT EITHER PRIMARILY OR SECONDARILY RESPONSIBLE RATHER THAN A SHELL HOMEOWNERS ASSOCIATION WHICH MAY OR MAY NOT BE EXISTING FOR YEARS. MR. SWENSON DID NOT KNOW IF THEY COULD MAKE SUCH A STATEMENT. IT WAS FURTHER NOTED THAT IT MUST ALSO BE DEFINED AS TO WHAT PART OF THE RIGHT-OF-WAY THEY WOULD WANT TO USE. COMMISSIONER SOY COMMENTED THAT ON THE 1,100 LOTS THAT HAVE NOT BEEN SOLD, THEY COULD SET ASIDE ADDITIONAL RIGHT-OF-WAY FOR THE LANDSCAPING. 35 D E C 1-9 19 79 BOOK .42 PAGE 339 I DEC 19 197BOOK �Z PAGE340 MR. SWENSON STATED THERE ARE 36 LOTS AFFECTED BY THE PRO- POSED LANDSCAPING OF WHICH THE COMPANY OWNS 13. OF THE REMAINING, 4 ARE UNIMPROVED AND 19 ARE DEVELOPED. COMMISSIONER SOY FELT THEY COULD OBTAIN A PLANTING EASEMENT FROM THESE HOMEOWNERS, BUT MR. SWENSON STATED THAT THERE IS VERY LITTLE SPACE BETWEEN THEIR FRONT DOORS AND THE STREET AND GOING INTO IT FURTHER WOULD SHRINK THEIR YARDS. COMMISSIONER LYONS ASKED WHY THE PROPOSED DEVELOPMENT OF 1,100 LOTS IS NOT A DRI, AND MR. REVER STATED THAT IT IS BECAUSE GDC ALREADY HAS A VESTED INTEREST.AND WAS APPROVED. THERE ISN'T ENOUGH OF THE NON -VESTED PROPERTY TO PUT IT OVER THE THRESHOLD. COMMISSIONER LYONS THEN DISCUSSED DENSITY AND CONTINUED TO EXPRESS CONCERN ABOUT THE TRAFFIC PATTERN RESULTING FROM SUCH A LARGE DEVELOPMENT. HE STATED THAT HE IS NOT IN OPPOSITION TO THE PROJECT, BUT JUST WANTS TO BE REALISTIC ABOUT WHAT WILL HAPPEN AT U.S. 1. HE FELT WE SHOULD FACE THIS PROBLEM AND DEAL WITH IT NOW. COMMISSIONER SOY INFORMED MR. SWENSON THAT WE HAVE A PROBLEM IN THAT WE HAVE AN EXTREMELY LONG AGENDA TODAY AND MUST PROCEED. MR. SWENSON STATED THAT THEY WOULD LIKE TO PROCEED WITH THEIR DEVELOP- MENT PLAN AND IF THE BOARD DESIRED, THEY WOULD BE GLAD TO REDRAW THE LANDSCAPING PLAN. THE BUILDING IS NOT AT ISSUE, STRICTLY THE PAVING. HE CONTINUED THAT THEY WILL NEED 5' FROM THE RIGHT-OF-WAY ON EACH SIDE OF THE STREET AS THE ABSOLUTE MAXIMUM, AND HE BELIEVED THE RIGHT- OF-WAY IS 20', COMMISSIONER SOY STATED THAT SHE WAS NOT ABOUT TO APPROVE ANYTHING TODAY BASED ON SOMETHING VAGUE AND INDEFINITE. SHE AGREED THAT CONCEPTUALLY IT LOOKS PRETTY, BUT WE NEED SOMETHING EXACT. MR. SWENSON ASKED IF THE BOARD FELT THIS CONCEPT WAS A REASONABLE APPROACH IF MAINTENANCE CAN BE ASSURED AND IF THEY HAVE VERY SPECIFIC DRAWINGS, AND THE BOARD AGREED THEY DID. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: O 36 = VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a - i in the matter of n A J4 _, in the Court, was pub- lished in said newspaper in the issues of Del- /Z aIf 1p /9Z? Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of. the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this day of A.D.2 ine Manager) Com. (SEAL) t C (Clerk of the Circuiourt, Indian R&r County, Florida) L. __j NOTICE NOTICE 15 HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated east of U.S. Highway No. 1 from Vero Shores Subdivision south to the St. Lucie -Indian River . County line in Indian River County, Florida, to -wit: That portion of the east 1/2 of the SETA of Section 31, Township 33 South, Range 40 East which is a contiguous strip of land parallel to and east of U.S. Highway No. 1, and which is 660' in depth measured from the center line of U.S. Highway No. 1, said land lying and being in Indian River County. Be changed from CA Commercial District to R-lA single Family District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the i County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Thursday, November 8, 1979, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wed- nesday, December 19,1979, at 2:00 P.M. Board of County Commissioners Indian River County By: William C. WodtkeJr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, Chairman Oct. 19, 21,1979. NOTICE OF THE PUBLIC HEARING WAS SENT TO ALL AFFECTED PROPERTY OWNERS BY FREDA WRIGHT, CLERK, PURSUANT TO FLORIDA STATUTE 1.25.66, AS PER THE FOLLOWING COPY OF NOTICE SENT TO MS. HELEN MOTSETT, SAID NOTICES ARE ON FILE IN THE OFFICE OF THE CLERK. DEC 19.1979 37 aao <:V PAA4_. DEC 19 1979 ya BOOT! 42 PAGE 342 FREDA WRIGHT CLERK. CIRCUIT COURT AND RECORDER Ms. Helen Motsett 404 SE 21st Street Vero Beach, Florida 32960 P. 0. BOX 1028 VERO BEACH - FLORIDA November2 , 1979 Legal Description: 005,0060,011.0 Vero Shores Sub. Unit 1, PBI 5-52 Lot 11, Block 6 That portion of the east z of the SEI of Section 31, Township 33 South, Range 40 East which is a contiguous strip of land parallel to and east of U.S. Highway #1, and which is 660' in depth measured from the center line of U.S. Highway #1, said land lying and being in Indian River County Be changed from C-1 Commercial District to R -1A Single Family District. Dear Property Owner: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as initiated by.the Indian River County Planning and Zoning Commission, so that the zoning will be more in keeping with the use and the Comprehensive Land Use Plan. A Public Hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room, in the Indian River County Courthouse, Vero Beach, Florida on Wednesday, December 19, 1979, at 2:00'o'clock P.M. jwc �-1 Sincerely, Freda Wright Clerk PLANNER WENDY LANCASTER INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS A STRIP OF LAND PARALLEL TO U.S. 1 EXTENDING FROM THE INDIAN RIVER/ST. LUCIE COUNTY LINE NORTH ABOUT HALF A MILE AND INCLUDES A PORTION OF VERO SHORES SUBDIVISION, BUT EXCLUDES THE EXISTING COMMERCIAL STRUCTURE SOUTH OF MIDWAY MOBILE HOME PARK, THERE ARE SOME SINGLE FAMILY RESIDENCES IN THIS AREA, AND THERE HAS BEEN A PROBLEM WITH THE ZONING DEPARTMENT ACCIDENTALLY ISSUING BUILDING PERMITS IN A C-1 ZONE. THE SURROUNDING AREA IS EITHER VACANT OR IN RESIDENTIAL USE EXCEPT FOR A SMALL BIT OF COMMERCIAL. MS. LANCASTER STATED THAT THE PLANNING DEPARTMENT APPROVES THE PROPOSED REZONING BECAUSE THE MASTER PLAN DESIGNATES THIS AS LOW DENSITY RESIDENTIAL AND, IN ADDITION, STRIP ZONING IS UNDESIRABLE. THE THREE RESIDENTIAL UNITS ON THIS PROPERTY ARE NONCONFORMING UNDER THE PRESENT ZONING, AND THE STAFF FEELS THAT R-lA ZONING IS APPROPRIATE AND WOULD BE CONSISTENT. MS. LANCASTER DISPLAYED AN AERIAL OF THE HOUSES IN THIS AREA NOW. SHE NOTED THAT THIS AREA ALREADY IS SUBDIVIDED. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER LYONS EXPRESSED CONCERN ABOUT TRAFFIC AND ASKED HOW THEY ACCESS U.S. 1. THE BOARD STUDIED THE PLAT OF THE SUB- DIVISION, AND IT WAS FELT POSSIBLY SOME REPLATTING WILL HAVE TO BE ml" ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-34 REZONING THE SUBJECT PROPERTY FROM C-1 TO R -1A. DEC 19.1979 39 Boa 42 PAGE 343 ORDINANCE NO. 79-34 BOOK 42 PAGE 344 `' WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: That portion of the east , of the SE -1. of Section 31, Township 33 South, Range 40 East which is a contiguous strip of land parallel to and east of U. S. Highway #1, and which is 660' in depth measured from the center line of U.S. Highway #1, said land lying and being in Indian River County, Florida. Be changed from C-1 Commercial District to R -1A Single Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This ordinance shall take effect December 24, 1979. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF.PUBLICATION ATTACHED, TO -WIT: 40 _ VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being rl s a in the matter of ® n n _ _ n in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this 4D day ofCt1 l__ A.D._-1_LZ2 1 (41131usiness Manager) (SEAL) (Clerk of the Circuit Court, Indian iv r County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order !, that the following described property situated at the entrance of Vero Beach Highlands Subdivision between U.S. Highway No. 1 and the Florida East Coast Railroad in Indian River County, Florida, to -wit: The South 1,083.7 feet of the SWI/4 of the NEI/4 of Section 31, Township 33 South, Range 40 East, lying West of the West right-of-way of U.S. Highway No. 7 and East of the East right- of-way of the Florida East Coast Railroad. Be changed from M-1 Restricted Industrial District to C-1 Commercial District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Thursday, November 8, 1979, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of .i Indian River County, Florida, in the County' Commission Room, Indian River County! Courthouse, Vero Beach, Florida, on Wed- nesday, December 19,1979, at 2:00 P.M. Board of County Commissioners Indian River County By: William C. Wodtke Jr., Chairman ! Indian River County Planning and Zoning Commission By: Dick Bird, Chairman Oct. 19,21, 1979, NOTICE OF THE PUBLIC HEARING WAS SENT TO GENERAL DEVELOP- MENT CORPORATION BY FREDA WRIGHT, CLERK, PURSUANT TO FLORIDA STATUTE 125.66, 41 BWK w345 A r DEC x.91979 A I-2 FREDA WRIGHT 42 PAGE 346 CLERK. CIRCUIT COURT AND RECORDER LftNTi A .- (,G_1T 1�Ii I P.O. BOX 1028 VERO BEACH - FLORIDA 32960 November 13, 1979 General Development Corporation 1111 S. Bayshore Drive Miami, Florida 33131 Gentlemen: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by you and your Agent, G. Patrick Settles, Corporate Counsel. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: The South 1,083.7 feet of the SWk of the NE34 of Section 31, Township 33 South, Range 40 East, lying West of the West right-of-way of U.S. Highway No. 1 and East of the East right-of-way of the Florida East Coast Railroad Be changed from M-1 Restricted Industrial District to C-1 Commercial District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida, on Wednesday, December 19, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jwc cc: G. Patrick Settles, Corporate Counsel PLANNER LANCASTER INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS LOCATED AT THE ENTRANCE OF VERO HIGHLANDS. IT CONSISTS OF APPROXIMATELY 3 ACRES AND IS LOCATED BETWEEN U.S. I AND THE FLORIDA EAST COAST RAILROAD. THE SITE PLAN FOR THE PROPOSED ADMINISTRATIVE BUILDING WAS APPROVED BY THE PLANNING & ZONING COMMISION SUBJECT TO APPROVAL OF THIS REZONING CHANGE. A PORTION OF THIS SITE WILL ALSO BE A LANDSCAPED ENTRANCE FOR VERO HIGHLANDS. MS. LANCASTER CONTINUED 4= THAT THE PIASTER PLAN SHOWS THIS PROPERTY AS COMMERCIAL. GENERAL DEVELOPMENT, WHICH OWNS THIS ENTIRE PARCEL, PRESENTLY MAINTAINS AN OFFICE ON THE SOUTH PORTION OF THE PROPERTY, AND THERE IS A FLEA MARKET ON THE NORTHERN PORTION. MS. LANCASTER NOTED THAT THE AREA TO THE NORTH AND SOUTH OF THE SUBJECT PROPERTY IS VACANT, AND THERE IS A 7-11 STORE AND SOME'RESIDENCES TO THE WEST, WITH A MOBILE HOME PARK ACROSS THE HIGHWAY. BOTH THE PLANNING DEPARTMENT AND THE PLANNING & ZONIN& COMMISSION RECOMMEND APPROVAL OF THE REQUESTED ZONING CHANGE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER LYONS COMMENTED THAT HE HAS NO OBJECTION BASICALLY TO THE CHANGE IN THE ZONING, BUT IF IT AUTOMATICALLY APPROVES THE SITE PLAN, HE -WILL NOT VOTE FOR THE ZONING UNTIL THE SITE PLAN I'S REDONE BECAUSE HE DOES NOT FEEL THE TRAFFIC FLOW HAS BEEN ADEQUATELY ADDRESSED. CHAIRMAN WODTKE DID NOT BELIEVE YOU CAN GRANT ANYTHING BASED ON A REZONING, AND ATTORNEY COLLINS COMMENTED THAT THE ORDINANCE STATED THAT APPROVAL CAN BE BASED UPON THINGS OCCURRING, BUT CHANGE OF ZONING IS QUITE UNUSUAL. MR. SWENSON INFORMED THE BOARD THAT GENERAL DEVELOPMENT CORPORATION APPROACHED THE COUNTY PLANNING COMMISSION FULLY RECOGNIZING THAT IT IS THEIR RI::SK IF THE COMMISSION DID REJECT THE REZONING,. BUT IT WAS THEIR DESIRE TO TAKE THE RISK BECAUSE THEY ARE ANXIOUS TO MOVE THE PROJECT AHEAD. HE STATED THAT IF THERE ARE MATTERS WHERE THEY CAN WORK WITH THE COUNTY ON THE SITE PLAN, THEY WILL BE GLAD TO DO S0, BUT WOULD URGE THE COMMISSION TO MOVE FORWARD ON THE COMMERCIAL ZONING. THEY WILL BE GLAD TO WORK ON CONTINGENCIES ABOUT THE HIGHWAY DESIGN. COMMISSIONER LYONS STATED THAT IF WE WERE TO HAVE ASSURANCES FROM GDC PRIOR TO THE TIME WE VOTE ON THE ZONING THAT THEY WILL ADDRESS THE TOTAL TRAFFIC PROBLEM OF THAT SUBDIVISION, WHICH INCLUDES NEARLY 3,000 UNITS, THEN WE COULD GO ON TO THE QUESTION OF REZONING. DEC 1.9 1979 43 4� ��c�7 I r DEC 191979 B©a 42 PAGE 348 ATTORNEY COLLINS' RESPONSE WAS THAT THE ZONING COMMISSION HAS ISSUED THE SITE PLAN CONDITIONED UPON REZONING, AND IF YOU REZONE, THE SITE PLAN CAN STAND. HE CONTINUED THAT THE BOARD HAS RECEIVED CERTAIN ASSURANCES FROM GDC, AND ALTHOUGH THE BOARD HAS NO CONTROL OVER GDC, THAT CORPORATION IS AND WILL BE MAKING ADDITIONAL REQUESTS OF THIS BOARD, PLANNING DIRECTOR REVER NOTED THAT HIS DEPARTMENT LOOKED ONLY AT THE DEVELOPMENT PROPOSED ON THAT PARTICULAR SITE AND FELT THE TRAFFIC CONTROLS WERE MORE THAN ADEQUATE FOR THE SITE, BUT HE AGREED THAT WHEN WE LOOK AT THE WHOLE DEVELOPMENT, THERE ARE OTHER RAMIFICATIONS. ATTORNEY COLLINS STATED THAT HE REALLY FELT THE ZONING COMMISSION NEEDED TO CONSIDER ONLY THAT PARTICULAR PIECE OF LAND BY ITSELF BUT THIS BOARD, IN CONSIDERING THE ENTRANCEWAY AND THE PROMOTION THEY HAVE DISCUSSED, CAN CONSIDER OTHER MATTERS. COMMISSIONER LYONS REITERATED THAT HE WISHED TO HAVE THIS SET UP SO WE WILL NOT EVENTUALLY HAVE A MAJOR PROBLEM. MR. SWENSON CONFIRMED THAT THEY ARE WILLING TO ADDRESS THE TRAFFIC PROBLEM AND WILL WORK CLOSELY WITH THE COUNTY. HE NOTED THAT THEY WILL BE COMING BEFORE THE BOARD REPEATEDLY WITH PLANS FOR THE DEVELOPMENT OF THEIR UNPLATTED PARCELS, AND THOUGH HE CANNOT SAY THAT THEY WILL IMMEDIATELY PUT IN THAT ACCESS ROAD, THEY WILL ADDRESS THE PROBLEM. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, COMMISSIONER LYONS VOTED IN OPPOSITION, THE BOARD ADOPTED ORDINANCE 79-35 REZONING TO C-1 AS REQUESTED BY GENERAL DEVELOPMENT CORPORATION. _I ORDINANCE NO. 79-35 - WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian Riyer County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: The South 1,083.7 feet of the SW -14 of the NE4 of Section 31, Township 33 South, Range 40 East, lying West of the West right-of-way of U.S. Highway No.l and East of the East right-of-way of the Florida East Coast Railroad -- Be changed from M-1 Restricted Industrial District to C-1 Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect December 24, 1979. CHAIRMAN WODTKE BROUGHT UP THE MODIFICATION TO THE DEVELOP- MENT ORDER FOR FLORIDA POWER & LIGHT WHICH WAS CONTINUED FROM THE MEETING OF OCTOBER 24, 1979. HE NOTED THAT WE WERE REQUESTED TO CONSIDER CHANGING OUR DEVELOPMENT ORDER TO CONCUR WITH THE ALIGNMENT DESIRED BY ST. LUCIE COUNTY; WE DID NOT AGREE WITH THEIR ALIGNMENT, AND MADE AN ALTERNATE SUGGESTION TO THEM. HE STATED THAT HE MET WITH THEM AND FP&L APPROXIMATELY TWO WEEKS AGO AND CAME UP WITH THREE ALTERNATES AT THAT MEETING. FLORIDA POWER & LIGHT'S ENGINEERING DEPARTMENT NOW HAS ADDRESSED THESE ALTERNATIVES. TOM FAIR OF FP&L DISCUSSED THE AERIAL PHOTO DISPLAYED, NOTING THAT HE MADE THIS SAME PRESENTATION TO ST, LUCIE COUNTY YESTERDAY AND THEY APPROVED THE MODIFICATION PORTION OF IT THAT LIES WITHIN ST. LUCIE DEC 19 1979 45 B06K 42 PAGE 349 J I BOOK 42 PAG£ 350 COUNTY. HE STATED THAT THERE ARE THREE ALTERNATIVES FOR CROSSING THE TURNPIKE. THE PREVIOUS MODIFICATION AFFECTED A CITRUS GROVE OWNED BY THE BARNES. MR. FAIR STATED THAT ONE ALTERNATE WAS NOT FEASIBLE BECAUSE IT HAD POOR ACCESS AND THE LAND WAS TOO LOW; ALSO THE LAND WAS RESERVED FOR A POSSIBLE FUTURE CANAL. ANOTHER ALTERNATE WAS TO CROSS TO THE CORNER OF MR. BARNES' GROVE AND CONTINUE PARALLEL TO THE TURNPIKE, AND THE OTHER WAS TO CROSS ON A SHALLOWER ANGLE. THE FIRST ALTERNATE BY MR. BARNES' GROVE CALLED FOR AN 1800' SPAN; THE SECOND AVOIDS THE GROVE ENTIRELY AND AVOIDS THE ST. JOHN'S DRAINAGE DITCH. THERE WAS SOME PROBLEM WITH CLEARANCE OF A POSSIBLE FUTURE CANAL SYSTEM, AND FP&L INDICATED THAT THEY COULD GIVE A MAXIMUM OF 75-80' CLEARANCE, WHICH APPARENTLY SATISFIED THE DRAINAGE DISTRICT CRITERIA. THIS ALTERNATE IS A 1650' SPAN INSTEAD OF 1800', AND MR. FAIR BELIEVED IT PRESENTS THE LEAST AMOUNT OF IMPACT. HE REQUESTED THAT THE BOARD MAKE A DETERMINATION THAT THIS IS NOT A SUBSTANTIAL DEVIATION, AND FP&L WOULD BE GLAD TO TIE THEMSELVES DOWN TO THIS PARTICULAR ALTERNATE, WHICH ST. LUCIE COUNTY HAS ACCEPTED. CHAIRMAN WODTKE NOTED THAT THIS ALSO ELIMINATES CROSSING THE DRAINAGE DISTRICT PROPERTY TWICE AND REALLY ONLY AFFECTS THE EDGE OF THEIR DISTRICT. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS DONE CON- SIDERABLE RESEARCH AND IS IN A POSITION TO RECOMMEND TO THIS BOARD THAT THEY FIND THE NEW ALIGNMENT DOES NOT, IN FACT, CONSTITUTE A SUBSTANTIAL DEVIATION; THEY, THEREFORE, COULD THEN MODIFY THE PRIOR RESOLUTION AND FINDING OF FACT AND ORDER WITHOUT ADDITIONAL NOTICE. DISCUSSION ENSUED ON HOW TO DESCRIBE WHERE THE LINE WILL ENTER INDIAN RIVER COUNTY. MR. FAIR FELT -THEY COULD BE DIRECTED TO ENTER THE COUNTY AT THE SE QUARTER OF SECTION 31. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-119 AMENDING RESOLUTION 79-26, STATING THAT IT HAS BEEN SHOWN THAT THE MODIFIED ROUTE AS PRESENTED TODAY BY FLORIDA POWER & LIGHT, WHICH ENTERS INDIAN - 45 = _ RIVER COUNTY IN THE SE 1/4 OF THE SE 1/4 OF`SECTION 31 AS CLOSE TO THE TURNPIKE RIGHT-OF-WAY AS POSSIBLE, IS NOT A SUBSTANTIAL DEVIATION FROM THE ROUTE PREVIOUSLY APPROVED IN RESOLUTION 79-26, AND THE COM— MISSION HEREBY APPROVES THE MODIFIED ROUTE SHOWN ON EXHIBIT A DATED DECEMBER 29, 1979, AS SUBMITTED BY FLORIDA POWER & LIGHT -COMPANY.'- 47 OMPANY 47 DEC 191979 s00X . 42 PAGE 351 s DEC 191979 RESOLUTION NO. 79-119 r BOOK 42 PACE 3 j2 WHEREAS, Florida Power & Light Company, hereinafter referred to as "FPL", has requested a change in the route of its proposed electrical transmission line as previously approved by the Board of County Commissioners of Indian River County in Resolution No. 79-26, dated March 7, 1979; and WHEREAS, such change in route is necessary in order that the point at which the transmission line exits Indian River County will coincide.with the point at which the transmission line enters St. Lucie County; and WHEREAS, after notice to all property owners in Indian River County directly affected by the proposed change, public hearings were held on October 24 and December 19, 1979; and WHEREAS, said Board of County Commissioners has con- sidered the testimony and other documentary evidence submitted at said public hearings by FPL, the Treasure Coast Regional Planning Council, property owners affected by the proposed change, as well as Indian River County staff agencies; and WHEREAS, said Board of County Commissioners, having considered all of the foregoing, and being fully advised and informed in the premises; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that said Board makes the following find of fact: 1. The proposed change in route does not create a reasonable likelihood of additional adverse regional impact or any other regional impact not previously reviewed by the Treasure Coast Regional Planning Council. BE IT FURTHER RESOLVED by said Board of County Commissioners, as conclusions at law, that: 1. These proceedings have been duly conducted pursuant to the provisions of Chapter 380, Florida Statutes. 2. That, under the standards in Section 380.06 (7) (g), Florida Statutes, the proposed change in route does not constitute a substantial deviation from the original development order. BE IT FURTHER RESOLVED..by said Board of County Commissioners that, as to the MODIVIED DEVELOPMENT ORDER: A. The request for modification of the route is hereby approved, subject to the following conditions, definitions, restrictions and limitations: 1. The alignment of the corridor in Indian River County shall be as shown on the map attached to this Resolution as Exhibit "A". 2. The crossing into Indian River County from St. Lucie County shall be engineered and located substantially in the form as schematically shown by the preliminary sketch attached to this Resolution as Exhibit "B Any major modification of the crossing into Indian River County as described in Exhibit "B" shall be con- stituted a substantial deviation from the Development Order, subject to additional review as provided in 2.B of this Resolution. 3. Except for the change in alignment approved in the preceding paragraph, the develop- ment order contained in Resolution No. 79-26 shall remain in full force and effect. B. A finding by the Board of County Commissioners of Indian River County, Florida, in accordance with Section 380.06 (7), Florida Statutes, after notice and public hearing, that FPL has substan- tially deviated from the conditions, restrictions, and limitations of this Modified Development Order shall result in termination of all development., activity under this Development Order and additional regional review pursuant to Section 380.06, Florida Statutes, and other applicable laws of the State of Florida. C. The County Attorney is hereby authorized and directed to cause a certified copy hereof to be served upon the Florida Division of Local Resource - 2 - DEC 91979 Box 42 PAGE 353 DEC x.91979 Brox 4.2 PbcE354 Management and the Treasure Coast Regional Planning Council and upon the agent for record in these proceedings for FPL. ATTEST: 1 Freda Wright, Byer Adopted December 19, 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 1 i6"A'u"" By _l! jy„``�: %�c< William C. 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I l fF , t N ' , ' I I I I: r t• ` z t .I � � I ' LEVEE'= I —77 i , �%� r - i .'h� _�er II. a ri' �'� I F'a t �-I t_• x , � : ! z' - . _"--- { :.r`%/ I ,�� :I. k ,1 I •� h t yr �, k II z �I: I t I y'•k • { - y I ,1 t •a. 191979. aoaK 4 PA E355 DEC �.`4'a' ��.,.- �.•� �,. 'F-.: '-ere .'1 F V ♦ � .:, r o.-.- � ..... P� _. ,,,., a. w ! �,i , � t� ♦ 7 'P �'v1 v. _ .. z ` � � . �_ t ... ~.. , ^. +ri 'i` A^ dM`�►M ba. '..bl' d A', T4s'•! .� - �,-' ^I +a.✓i I� n. 4,� •� W.r t•. •w • P. ;a 4" � � ..;.` '� t'd `30 v ! t. n` ,Yj,. s .:v. ie a» •w�Yw'�.,.�'"'� r.,�,� }C'-•..m�'q * }'. �t * ♦-y'>r•'• '� '•:� 1 1 C % & 4 S- r- 31 / T- 33 51 R 37C j Cp ii m n I" cc i CAD Vi / h i gDTER TIlIS iGKeT-C.N Suowr TAG APfROX. LOCATIOM OF STFuCTUIIGS, NO 54`IrW6y GR Eic-/ArtomS' ISAUE 'BEDJ {70NE. 517AUCTUAG LoTlONs MAY .VARY sLFV6UL +)wgEN FINAL6w n1Nl� 15 CL)wA? , 121191 ��-.Epwta►OS - — /VOn• Ty CsO�IV 0 �r9�C �� /1PPr oX. EDGE Aor 41-1 f]PP, ` ReV1SEP : R f NI74 jZ-AaXPJPSu Q 0 M. 77 j Cp ii m n I" cc i CAD Vi / h i gDTER TIlIS iGKeT-C.N Suowr TAG APfROX. LOCATIOM OF STFuCTUIIGS, NO 54`IrW6y GR Eic-/ArtomS' ISAUE 'BEDJ {70NE. 517AUCTUAG LoTlONs MAY .VARY sLFV6UL +)wgEN FINAL6w n1Nl� 15 CL)wA? , 121191 ��-.Epwta►OS - — /VOn• Ty CsO�IV 0 �r9�C �� /1PPr oX. EDGE Aor 41-1 f]PP, ` ReV1SEP : R f NI74 jZ-AaXPJPSu ASSISTANT ADMINISTRATOR NEIL NELSON REPORTED THAT A NUMBER OF PROBLEMS HAVE CAUSED US TO TAKE ANOTHER LOOK AT THE PEBBLE BAY SEWER FACILITIES, AND THEJOINT VENTURE HAS DONE AN EXTENSIVE STUDY AND REVIEWED ALL THE PLANS AND ARE HERE TODAY TO REPORT ON THEIR RECOMMENDATIONS. .JOHN ROBBINS OF THE JOINT VENTURE PASSED OUT TO BOARD MEMBERS THEIR PROPOSED SCOPE OF WORK FOR RENOVATION OF THE PEBBLE BAY AREA,SEWERAGE SYSTEM, AS FOLLOWS: 53 DEC 191979 BQGX 42 FACE 357 r DEC 191979 PROPOSED SCOPE OF WORK FOR RENOVATION OF PEBBLE BAY AREA SEWERAGE SYSTEM FOR INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Prepared By SVERDRUP & PARCEL AND ASSOCIATES, INC. and BEINDORF AND ASSOCIATES, 'INC. (A Joint Venture) Engineer's Project No. 6383A Q Boax -42 PAGE 358 December 19, 1979 I. Introduction: The following Scope of Work defines the items necessary for the renovation of the Pebble Bay Sewerage System to bring the system into compliance with current Florida Department of Environmental Regu- lations. The Scope of Work will be divided into four (4) parts: A. Treatment plant improvements B. Pumping station improvements C. Cost sharing analysis for improvements D. Additional services A. Treatment Plant Improvements: 1.- New blower and electrical work for blowers. 2. Electrical improvements to the existing master electrical control panel. This panel could require replacement. 3. Effluent V -notch flow recorder/totalizer. 4. Backflow preventors on all water lines. 5. Convert 2 existing concrete tanks to surge tanks with mechanical and electrical equipment and interconnecting piping. 6. Re -pipe plant from 50,000 gpd extended aeration to 100,000 gpd contact stabilization. 7. Clean existing absorption beds (drainfield). 8. Clean existing percolation pond. 9. Install 3 groundwater monitoring wells. 10. Install adjustable weir plates in existing clarifiers. A separate set of engineering drawings for the.treatment plant work is proposed so that the work could be performed by the County Utilities Department. By utilizing County forces, an approximate 15% savings of Estimated Construction Cost could be realized. B. Pumping Station Improvements: 1. Install new pump station adjacent to the existing Vera Cruz pump station. Pump station requirements to be reviewed by County Utilities Department prior to beginning final design of this station. 2. Install new pump station adjacent to the existing Pebble Bay #1 Pump Station. 3. Install new pump station adjacent to the existing Pebble Bay #2 Pump Station. 4. Rework existing electrical control equipment in the Sea Watch and Pebble Beach Villas Pump Stations. A separate set of engineering drawings and contract documents is proposed for this work for the purpose of seeking competitive bids. C. Cost Sharing Analysis: The Joint Venture shall assist the County Utilities Department in determining the pro -rata cost share of improve- ments to system. D. Additional Services: 1. Prepare F.D.E.R. construction permit applications for the treatment plant and pump stations. 2. Assist County in bidding, receiving bids and recommendations for award of contract. 3. Provide detailed inspection during construction period. �°°K 42 � DEC 19 1979 ��F ��� DEC 19 1979 BOOL( 42 Pa6E360' COMMISSIONER LYONS INFORMED THE BOARD THAT HE HAS HAD SOME DISCUSSION WITH THE ADMINISTRATOR AND ASSISTANT ADMINISTRATOR ON THIS MATTER, AND ONE REASON THIS IS BEFORE THE BOARD TODAY IS BECAUSE IT IS HARD TO ANTICIPATE WHEN WE WILL BE ABLE TO GET TOGETHER WITH THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES AND ARRANGE FOR THIS SEWAGE SYSTEM TO TIE INTO THE CITY SYSTEM. HOPE- FULLY, THIS CAN BE DONE SOON, BUT IT MIGHT TAKE QUITE A WHILE, AND OUR PROBLEM IS IMMINENT. ENGINEER ROBBINS STATED THAT THEY WERE REQUESTED TO MEET WITH ADMINISTRATOR JENNINGS AND THE DEVELOPERS OF HARBOR ISLAND CLUB TO DETERMINE POINTS OF TIE-IN FOR THEIR ANTICIPATED DEVELOPMENT. HE NOTED THAT AT A BOARD MEETING IN JUNE, IT WAS AGREED THAT THE COUNTY WOULD PROVIDE SEWER SERVICE SOMETIME IN THE FUTURE, AND THE DEVELOPERS HAVE REQUESTED THAT THE COUNTY EXECUTE A PERMIT FOR CONNECTION OF THAT DEVELOPMENT TO THE VERA CRUZ LIFT STATION. MR. ROBBINS NOTED THAT THE VERA CRUZ LIFT STATION WAS IN NON-COMPLIANCE WITH THE DER, AND THEY WANT TO GET AN UPDATED PERMIT FOR IT. HE THEN DISCUSSED ANTICIPATED PROBLEMS WITH THE TWO EXISTING STATIONS AT PEBBLE BAY AND NOTED THAT IN LOOKING AT TOTAL IMPROVEMENTS FOR THAT SERVICE AREA, THE .JOINT VENTURE RECOMMENDED THAT THIS WORK ALL BE DONE AT ONE TIME UNDER ONE CONTRACT. HE THEN PRESENTED PHOTOGRAPHS OF PEBBLE BAY LIFT STATIONS #1 AND #2 AND EXPLAINED THAT THE MAIN PUMP AT THE #2 STATION IS OUT OF SERVICE. HE BELIEVED THAT IT WOULD NOT BE VERY LONG BEFORE THE DER ALSO FOUND THE LIFT STATIONS AT PEBBLE BAY #1 AND #2 IN NON-COMPLIANCE, WHICH IS THE REASON THEY RECOMMEND DOING ALL THE WORK AT ONE TIME. MR. ROBBINS INFORMED THE BOARD THAT THEY MET WITH CITY UTILITY DIRECTOR GROSH AND CITY ENGINEER LLOYD TO DISCUSS THE TIMETABLE OF THE CITY OF VERO BEACH IN REGARD TO BEING ABLE TO ACCEPT WASTE FROM THE PEBBLE BAY AREA, AND IT WAS INDICATED TO THEM THAT THE CITY HAS SOME MATTERS TO IRON OUT WITH THE TOWN OF INDIAN RIVER SHORES AND CANNOT COMMIT THEMSELVES TO A DEFINITE TIMETABLE. THE JOINT VENTURE, THEREFORE, RECOMMENDS THAT THE COUNTY PURSUE GETTING THE PEBBLE BAY TREATMENT PLANT AND LIFT STATIONS INTO COMPLIANCE. HE NOTED THAT BASICALLY THE TREATMENT PLANT REQUIRES ITEMS I THROUGH IO AS SET OUT IN THEIR REPORT. 56= s � � CHAIRMAN WODTKE ASKED WHAT HE FELT THE TREATMENT PLANT IMPROVEMENTS WILL COST, AND MR. ROBBINS ESTIMATED ABOUT $18,000- $20,000 FOR THE TREATMENT PLANT. HE NOTED THAT ADDITIONAL MONEY WOULD BE REQUIRED FOR SURGE TANKS AND EXPLAINED THAT THESE TANKS WOULD NOT BE NEEDED WHEN IT IS POSSIBLE TO TIE INTO THE CITY SYSTEM; IF THE COUNTY WERE TO KEEP THE PLANT AND POSSIBLY REINSTALL IT SOME- WHERE ELSE, THEY WOULD BE AN EXCELLENT IDEA. CHAIRMAN WODTKE INQUIRED ABOUT THE NECESSITY OF THE PUMPING STATION IMPROVEMENTS, AND MR. ROBBINS STATED THAT THEY HAVE TO BE DONE IN ANY EVENT. HE CONTINUED THAT THEY ARE BASICALLY TALKING ABOUT LIFT STATIONS FOR PEBBLE BAY #1 AND #2 AT AROUND $30,000 EACH, AND THE LIFT STATION FOR VERA CRUZ, WHICH WOULD BE AROUND $40,000. HE FELT A TOTAL COST OF $120,000 WOULD BE CONSERVATIVE. CHAIRMAN WODTKE COMMENTED THAT THERE ARE PRESENTLY ABOUT 100 CUSTOMERS ON THIS SYSTEM, AND THE BOARD DISCUSSED ANTICIPATED DEVELOPMENT. COMMISSIONER LYONS POINTED OUT THAT IF WE DO NOT RENOVATE THIS SYSTEM, THE DER WILL NOT ALLOW US TO CONNECT ANY FURTHER UNITS TO IT, AND HE FELT UNLESS WE DO SUBSTANTIALLY ALL THE WORK RECOMMENDED, WE ARE GOING TO REMAIN IN VIOLATION. ATTORNEY MICHAEL O'HAIRE, WHO REPRESENTED PEBBLE BAY HOME OWNERS ASSOCIATION AND VERA CRUZ, INFORMED THE BOARD THAT THEY HAVE REPORTED RAW SEWAGE LYING AROUND. CHAIRMAN WODTKE ASKED IF THE PROPOSED RENOVATION WILL. GET THAT PLANT TO THE CAPACITY FOR THE AREA. MR. ROBBINS STATED THAT THERE ARE 215 EXISTING UNITS IN PEBBLE BAY, SEA WATCH, PEBBLE BAY VILLAS AND VERA CRUZ, AND THE TREATMENT PLANT CAN TAKE ANOTHER 80 UNITS ON TOP OF THAT. CHAIRMAN WODTKE NOTED THAT, IN OTHER WORDS, THE PLANT COULD HANDLE ABOUT 300 UNITS, AND MR. ROBBINS INFORMED HIM THAT THE 80 UNIT FIGURE IS BASED ON A MAXIMUM DAY ANALYSIS; WITH THE ADDITION OF A SURGE TANK, POSSIBLY THE NUMBER OF UNITS COULD BE INCREASED. 57 DEC -191979 Box 42 PAGE 361 DEC 91979 coax PAGE362 ATTORNEY COLLINS ASKED IF THE LIFT STATIONS ARE BOTH RE- QUIRED EVENTUALLY TO HOOK INTO THE CITY OF VERO BEACH SYSTEM. MR. ROBBINS REPORTED THAT THE TWO PEBBLE BAY LIFT STATIONS PUMP TO A COMMON PIPE THAT GOES INTO THE VERA CRUZ LIFT STATION, AND THEY COULD UPGRADE THAT STATION FOR ULTIMATE CONNECTION TO THE CITY OF VERO BEACH. HE NOTED THAT EVENTUALLY ALL FIVE LIFT STATIONS IN THIS AREA WOULD HOOK IN, AND RIGHT NOW, THERE ARE ONLY TWO THAT ARE IN ACCEPTABLE OPERATING CONDITION. COMMISSIONER LYONS FELT WE ARE AT THE END OF OUR ROPE AND DID NOT BELIEVE THAT ANYTHING LESS THAN THE PROPOSED RECOMMENDATIONS WILL MAKE US CONFORM WITH DER REQUIREMENTS. ADMINISTRATOR JENNINGS CONFIRMED THAT IT IS A DAILY PROBLEM TO MAINTAIN AND KEEP THESE FACILITIES OPERATING, AND HE FELT STRONGLY THAT WE MUST PUT THIS SYSTEM IN PROPER WORKING CONDITION AS SOON AS POSSIBLE. COUNTY UTILITY DIRECTOR, GEORGE LINER, REPORTED THAT THIS PAST WEEKEND TROUBLE WITH THE LIFT STATION UP THERE REQUIRED ALMOST IS HOURS OF OVERTIME, AND HE WAS OF THE OPINION THAT THE TWO LIFT STATIONS IN PEBBLE BAY ARE IN A CONDITION WHICH IS UNSAFE FOR OUR SERVICEMEN TO WORK ON. CHAIRMAN WODTKE AGREED WE MUST PROCEED, BUT WISHED TO HAVE RECOMMENDATIONS ABOUT FUNDING. MR. ROBBINS NOTED THAT, IN TERMS OF A TOTAL OF $130,000, IT WOULD AMOUNT TO x702 PER CONNECTION FOR 215 UNITS. HE FELT THAT YOU CAN ADD ANOTHER 80, OR POSSIBLY A TOTAL OF 300 FOR THE ENTIRE SERVICE AREA WHICH WOULD BENEFIT BY THESE IMPROVEMENTS. MR. ROBBINS WAS OF THE OPINION THAT THE COST SHOULD BE SHARED BY ALL'AND FURTHER NOTED THAT THERE IS SOME VALUE TO VERA CRUZ FROM THE INCREASED FLOW. DISCUSSION ENSUED AS TO LEGAL PROBLEMS, AND IT WAS NOTED THAT SEA WATCH AND PEBBLE BAY VILLAS ARE IN THE TOWN OF INDIAN RIVER SHORES. CHAIRMAN WODTKE ASKED IF WE HAVE THE RIGHT TO ESTABLISH TAP -IN FEES, AND ATTORNEY COLLINS STATED THAT WE DO, THE CHAIRMAN CONTINUED TO DISCUSS A POSSIBLE CHARGE FOR RESERVATION OF TAP -INS. COMMISSIONER Loy STATED THAT SHE DID NOT FEEL WE HAVE ANY CHOICE. WE HAVE TO TAKE CARE OF THE PEOPLE THAT ARE THERE, AND IF POSSIBLE, MAKE SOMETHING AVAILABLE TO SOMEONE ELSE. SHE POINTED OUT THAT WE CANNOT FIGURE OUT THIS AFTERNOON HOW TO FINANCE THIS PROJECT, BUT FELT WE MUST ACCEPT THE ENGINEERS' RECOMMENDATIONS AND TRY TO MOVE AHEAD AND FIGURE OUT THE EXACT FORMULA FOR FINANCING LATER. CHAIRMAN WODTKE NOTED THAT IT WILL HAVE TO BE FUNDED IN A WAY THAT WILL NOT AFFECT TAXPAYERS WHO DO NOT BENEFIT, AND HE FELT NEW CONSTRUCTION THAT WILL BE INVOLVED WILL HAVE TO PAY A LARGE SHARE. HE DID NOT FEEL THERE WOULD BE ANY TROUBLE SELLING TAP -IN FEES IN THAT AREA. COMMISSIONER LYONS POINTED OUT THAT IF WE CAN GET THIS SYSTEM FIXED UP RIGHT, IT WILL TAKE THE PRESSURE OFF US IN REGARD TO ARGUING ABOUT HOW TO CONNECT TO THE CITY OF VERO BEACH. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE .JOINT VENTURE TO PROCEED WITH THEIR PROPOSED SCOPE OF WORK FOR RENOVATION OF THE PEBBLE BAY AREA SEWERAGE SYSTEM AND AGREED THAT INTERIM FINANCING BE OBTAINED FROM A LOAN FROM THE GENERAL FUND. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE .JOINT VENTURE TO PERFORM THE ENGINEERING SERVICES FOR THE RENOVATION OF THE PEBBLE BAY SEWER SYSTEM AS ADDITIONAL SERVICES UNDER THEIR CONTRACT OF JUNE 211 19721 UNDER A FACTOR OF 2.1, AT A FIGURE NOT TO EXCEED $21,000 WITHOUT COMMISSION AUTHORIZATION. ENGINEER JOHN ROBBINS ESTIMATED FIVE TO SIX MONTHS FOR COMPLETION OF THE PLANS, BIDDING AND CONSTRUCTION. THE NEXT MATTER TO COME UNDER DISCUSSION WAS AWARDING OF THE BID ON THE EMERGENCY MEDICAL SERVICES COMMUNICATION EQUIPMENT. COMMISSIONER LYONS INFORMED THE BOARD THAT THIS ITEM NOW HAS BEEN REBID AS AUTHORIZED AT THE LAST MEETING; HE HAS DISCUSSED THE BIDS WITH HARVEY MCCOLLESTER OF THE AMBULANCE SQUAD, AND THEY FEEL THAT THE BID COVERS THE EQUIPMENT DESIRED AND SEEMS TO BE IN DEC 191979 5s . Nox 2 FA 63 PIP - DEC 191979 Boox 42 PAGE364 THE PROPER PRICE RANGE. THE ONLY THING INVOLVED IS THAT WE WOULD HAVE TO HAVE THE DEPARTMENT OF GENERAL SERVICES TAKE A LOOK AND SEE THAT THIS IS WHAT THEY APPROVED, AND HE BELIEVED A LETTER ASKING FOR THEIR APPROVAL HAS ALREADY BEEN SENT BY MR. FLYNN. COMMISSIONER LYONS FELT WE WOULD BE IN A POSITION TO APPROVE THE BID BASED ON AN ACCEPTABLE EVALUATION BY THE DEPARTMENT OF GENERAL SERVICES. MR. BUCHANAN OF THE INDIAN RIVER COUNTY AMBULANCE SQUAD CONFIRMED COMMISSIONER LYONS' STATEMENTS. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT ORIGINALLY ONLY ONE BID WAS RECEIVED FROM MOTOROLA OF FORT LAUDERDALE,AND IT WAS FAR BEYOND WHAT THEY ANTICIPATED THE BID SHOULD BE; SO THEY EXERCISED THE COUNTY'S PREROGATIVE TO SEND IT OUT FOR REBID. MOTOROLA OBJECTED THROUGH GENERAL SERVICES, AND GENERAL SERVICES RULED THAT WE WERE CORRECT, AND IN FACT, HAD TO REBID THE ITEM BECAUSE OF THE DISPARITY IN THE BID AND THE GRANT. THE ASSISTANT ADMINISTRATOR INFORMED THE BOARD THAT THE BID COMMITTEE RECOMMENDS THAT THE BID BE AWARDED TO THE LOW BIDDER, GENERAL ELECTRIC CO. OF TAMPA, AS PER THE FOLLOWING BID TABULATION: 061 2. UHF 3 Channel Tra�nsmit, 3 6500 00 13149 00 H I 6626 00 1 c anne receivase 3. Antenna system consisting 5143 00 5442 00 7991 00 1 of antenna, transmission and receiver multicoupler. J. Qwitchinz matrix. BOARD OF COUNTY COMMISSIONERSo r to 2145 -14th Avenue ° ° Vero Beach, Florida 32960 2172 00 2172 00 •N (RCU)6. . { JCI ZI BID TABULATION! ° '�T 4+ BID NO. DATE OF OPENING # 30 ``' o IRC DEC. , Cj o N BID TITLEEMERGENCY MEDICAL SERVICEAl x° KATION SYSTEM 1670 00 2172 00 2172 00 General Electric, model 4534A-2-31 Serial Remote control unit (RCU) and/or replacement. ITEM ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UN NO. 1. UHF 2 Channel Transmit, 3 7006 0 — 99550 00 r 87901 00 channel receive , ase 2. UHF 3 Channel Tra�nsmit, 3 6500 00 13149 00 H I 6626 00 1 c anne receivase 3. Antenna system consisting 5143 00 5442 00 7991 00 1 of antenna, transmission and receiver multicoupler. J. Qwitchinz matrix. 7. UHF Mobile Radios, 2 -way 13846 100 repeat hon--si-m—uItaneous 4001 100 8. UHF EMT handheld portable .'1983 00 2657 00 1 1^2657 1001 I ra lo CC -M-0au-Tatorb. 9. Number of days required for 200 Dys 240 ays 240 ays completion at er receipt M�Mwagw Elm aQxj-�ed a true price mmlmmmmi =Veil A."Nelson, Chairman DEC 191979 500k 1 42 PAGE 365 91 e remote Contra unit 2900 nnl 2172 00 2172 00 (RCU)6. . Modification to existin 1670 00 2172 00 2172 00 General Electric, model 4534A-2-31 Serial Remote control unit (RCU) and/or replacement. 7. UHF Mobile Radios, 2 -way 13846 100 repeat hon--si-m—uItaneous 4001 100 8. UHF EMT handheld portable .'1983 00 2657 00 1 1^2657 1001 I ra lo CC -M-0au-Tatorb. 9. Number of days required for 200 Dys 240 ays 240 ays completion at er receipt M�Mwagw Elm aQxj-�ed a true price mmlmmmmi =Veil A."Nelson, Chairman DEC 191979 500k 1 42 PAGE 365 DEC 19 1979 BQOK 42 PAGE 366 CHAIRMAN WODTKE NOTED THAT IT WOULD BE HELPFUL IN LOOKING AT THE BID, IF WE KNEW WHAT MONEY WAS ALLOCATED, WHAT WAS OBTAINED FROM THE GRANT, WHAT WAS NEEDED FOR THE MATCH, ETC, COMMISSIONER LYONS BELIEVED THAT IT WAS TO BE $47,000 FROM THE STATE -AND $17,000 FROM THE COUNTY, WHICH WOULD TOTAL ONLY $64,000 AND WE WILL HAVE TO MAKE UP THE EXTRA $6,000. HE CONTINUED THAT TODAY WE HAVE ONLY ONE CHANNEL TO HANDLE ALL MEDICAL MATTERS, TRAFFIC, ETC., AND WHEN WE GO TO THE NEW SYSTEM, ALL THE DISPATCH WILL BE HANDLED ON ONE CHANNEL AND THE MEDICAL MATTERS ON OTHER FREQUENCIES. CHAIRMAN WODTKE COMMENTED THAT POSSIBLY THE ONLY GINGER- BREAD INCLUDED IS THE HAND HELD PORTABLES, BUT COMMISSIONER LYONS POINTED OUT THAT NOW YOU CANNOT COMMUNICATE WITH THE EMERGENCY ROOM WHEN YOU ARE WITH A VICTIM OUTSIDE OF THE AMBULANCE, AND THIS CAN BE A PROBLEM, PARTICULARLY DOWN AT THE BEACH. .JOHN MACKLE, A REPRESENTATIVE OF THE MOTOROLA COMPANY, ASKED FOR AN OPPORTUNITY TO SPEAK. HE INFORMED THE BOARD THAT MOTOROLA IS THE CORPORATION THAT HAS INSTALLED EVERY EMERGENCY MEDICAL SYSTEM IN SOUTH FLORIDA AT THIS TIME AND THAT HE HAS BEEN COMING UP TO INDIAN RIVER COUNTY SINCE JULY AND WORKING ON THIS. HE CONTINUED THAT HE DID GIVE MR. MCCOLLESTER A FIGURE OF ABOUT $90,0001 WHICH WAS WELL WITHIN THE ORIGINAL GRANT FIGURE OF APPROXIMATELY $100,000, AND EVERYTHING MOTOROLA DID WAS BASED ON THE FACT THAT ADDITIONAL FUNDING WOULD BE RECEIVED FROM THE STATE. HE STATED THAT BEFORE THE COM- MISSION MADE THE AWARD OF THE BID, HE WISHED TO GO ON RECORD THAT MOTOROLA WAS THE ONLY RESPONDENT TO THE INITIAL BID REQUEST, AND THEY BID ON THE EXPECTATION THAT ADDITIONAL FUNDING WOULD BE PROVIDED. SINCE IT WAS DENIED, INDIAN RIVER COUNTY SHOULD HAVE SO AOTIFIED MOTOROLA. HE NOTED THAT THE LOW REBID WAS ALSO OVER BUDGET, AND STATED THAT IF WE ARE LOCKED INTO THE $64,000 FIGURE, THEY WOULD LIKE TO BE GIVEN THE OPPORTUNITY TO DESIGN A SYSTEM WITHIN THE BUDGETARY GUIDELINES FORMULA, AND THEY REQUEST A REBID. COMMISSIONER LYONS POINTED OUT THAT THE REQUEST FOR BID WAS THE SAME TO ALL BIDDERS, AND THEY ALL HAD THE OPPORTUNITY TO BID THE SAME ITEMS. HE DID NOT SEE WHY ADDITIONAL TIME TO FIGURE UP ANOTHER SYSTEM IS PERTINENT. HE QUOTED FROM A LETTER DATED DECEMBER 14TH FROM THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF FLORIDA TO MOTOROLA OF FORT LAUDERDALE WHICH COMMENTED THAT THEY DID NOT KNOW HOW MOTOROLA'S BID STRATEGY IS AFFECTED BY BUDGETARY KNOWLEDGE, BUT INFORMED THEM THAT THE 14 MONTH OLD BUDGETARY INFORMA- TION ATTACHED TO THEIR LETTER WAS FAR OUTDATED AND EXPLAINED WHEN THE DETAILED SYSTEM PLANNED WAS SUBSEQUENTLY PLANNED BETWEEN THE STATE OFFICE AND INDIAN RIVER COUNTY, MANY ITEMS WERE DELETED, AND THE BUDGETARY ESTIMATE OF $64,000 WAS ARRIVED AT. COMMISSIONER LYONS DID NOT BELIEVE THAT MOTOROLA WAS TREATED ANY DIFFERENLY THAN ANY OTHER BIDDER. ATTORNEY COLLINS STATED THAT HE HAS REVIEWED THIS ENTIRE SITUATION, AND THE BOARD IS FREE TO MOVE AHEAD WITH ACCEPTING THE BID, IF THEY SO DESIRE, OR THEY COULD REJECT ALL BIDS AGAIN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE BID COMMITTEE AND AWARDED THE BID FOR THE EMERGENCY MEDICAL SERVICES COMMUNICATIONS EQUIPMENT TO GENERAL ELECTRIC CO. OF TAMPA AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS IN THE AMOUNT OF $70,598 AND AGREED THAT THE ADDITIONAL FUNDS OVER THOSE ORIGINALLY ALLOCATED BY THE BOARD BE OBTAINED FROM FEDERAL REVENUE SHARING IF WE ARE UNABLE TO OBTAIN ADDITIONAL FUNDS FROM THE STATE. CHAIRMAN WODTKE ANNOUNCED THAT HE WOULD LIKE TO APPOINT TOM BUCHANAN AS REPRESENTATIVE TO THE MENTAL HEALTH BOARD, AND STATED THAT MR. BUCHANAN HAS INDICATED THAT HE WOULD ACCEPT THIS POSITION AS OF .JANUARY 1ST. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-120 APPOINTING THOMAS BUCHANAN AS THE BOARDS REPRESENTATIVE TO THE MENTAL HEALTH DISTRICT 9 BOARD. DEC x.91979 62 B0B001PAGE 367 DEC 19 1979 RESOLUTION NO. 79-120 BOOx 42 PAGE X368 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That THOMAS B. BUCHANAN is hereby appointed by said Board to serve on the Mental Health District 9 Board, Inc. for a term of one (1) year. Said Resolution shall become effective as of the 19th day of December, 1979. BOARD OF COUNTY CO1%21ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, J/ ., Chairman Attest: n Freda Wright,jG erk TOM TESSIER OF GERAGHTY & MILLER CAME BEFORE THE BOARD TO REVIEW THEIR PROPOSED TEST WELL PROGRAM AND EXPLAIN THE DIFFERENCE IN COST BETWEEN THE ITEMS GIVEN IN THE PRELIMINARY INVESTIGATION AND THE ITEMS SUBMITTED. HE INFORMED THE BOARD THAT THEY HAVE CHANGED THE TESTING PROGRAM TO ACCOMMODATE TWO PRODUCTION WELLS INSTEAD OF PUTTING IN AN OBSERVATION WELL AND ONE PRODUCTION WELL SO THAT AT THE END OF THE TESTING PROGRAM, THE COUNTY WOULD HAVE TWO PRODUCTION WELLS IN PLACE THAT WOULD HAVE TO BE APPROVED BY THE DER AS WELLS FOR WATER SUPPLY USE AND WOULD HAVE TO BE APPROVED AS PART OF THE DIVERSION BY ST. .JOHNS WATER MANAGEMENT DISTRICT. AS A RESULT, THE COSTS HAVE INCREASED CONSIDERABLY. ALSO THE COSTS HAVE INCREASED BECAUSE THE NUMBERS FORMERLY GIVEN TO THE BOARD WERE BASED K' ON A BID THAT WAS SUBMITTED TO THE CITY OF VERO BEACH IN JANUARY OF 1979, AND THE COST OF MATERIALS IS GOING UP MONTHLY. IN ADDITION, THEY HAVE INCREASED THE DIAMETER OF THE TEST PRODUCTION WELL FROM 12" TO 16". ALSO, THEY NOW ANTICIPATE THAT THEY MAY HAVE TO GO DEEPER THAN ORIGINALLY PROPOSED, AND BECAUSE OF POSSIBLE BACTERIOLOGICAL PROBLEMS, THEY MAY HAVE TO GO TO A VERY EXPENSIVE TYPE OF PLASTIC PIPE. MR. TESSIER CONTINUED THAT INITIALLY THEY CONSIDERED 24 HOURS FOR TESTING, BUT THE WATER MANAGEMENT DISTRICT HAS SUGGESTED 72 HOURS WHICH WILL INCREASE THE COST, HE FURTHER NOTED THAT IT WILL TAKE LONGER TO DRILL TWO PRODUCTION WELLS THAN ONE PRODUCTION WELL AND AN OBSERVATION WELL AND THEY NOW HAVE ADDED TASK 5, WHICH INCLUDES HEARINGS, MEETINGS, ETC., AFTER THE APPLICATION FOR WATER PERMIT USE IS SUBMITTED. CHAIRMAN WODTKE NOTED THAT IN TASK 3, THEY TALK ABOUT AN OBSERVATION WELL AND PRODUCTION WELL, AND MR. TESSIER EXPLAINED THAT THEY PLAN TO PUT -IN A 12" AND A 16" WELL. THE 12" WELL, WHICH ACTUALLY WILL ALSO BE A PRODUCTION WELL, IS CALLED THE OBSERVATION WELL. ENGINEER RALPH ENG EXPLAINED THAT IN LIEU OF PUTTING IN A 6" OBSERVATION WELL AND NOT BEING ABLE TO USE IT FOR PRODUCTION, THEY FEEL IT WILL WORK OUT CHEAPER IN THE LONG RUN TO PUT IN TWO PRODUCTION WELLS. HE CONTINUED THAT THEY HAD BUDGETED $237:000 FOR THE TEST WELL AND THE CONSTRUCTION OF THREE PRODUCTION WELLS FOR THE TREATMENT PLANT. IF THEY DELETE THE OBSERVATION WELL AND MAKE IT A PRODUCTION WELL, MR. ENG FELT IT WOULD SAVE UP TO $40,QOO OVERALL. CHAIRMAN WODTKE ASKED AT WHAT POINT THEY DECIDE WHAT OUR CHANCES OF USING.THAT AS A PRODUCTION WELL ARE. MR. TESSIER STATED THAT IT WILL BE DESIGNED AS A PRODUCTION WELL. HE NOTED THAT IF YOU COULD NOT AT LEAST USE THOSE TWO WELLS AS A PRODUCTION WELL AND A BACK-UP, THEN THE WHOLE SYSTEM SIS NOT USABLE BECAUSE IT WOULD INDICATE THAT THE WATER MANAGEMENT SYSTEM HAD NOT PERMITTED YOU ANY DIVERSION AT ALL. THE APPROVAL OF THE LOCATION AND THE PERMIT TO DRILL THE WELL IS DONE BY THE DER BEFORE HAND, AND AFTER THAT IT JUST REMAINS FOR THEM TO ACCEPT IT AS A PRODUCTION WELL, 64 BOOK ::-42 PAGE 369 J r - DEC 191979 BOOK 49. Pac£370 CHAIRMAN WODTKE NOTED THAT YOU MUST GET A CONSUMPTIVE USE PERMIT, AND MR. TESSIER COMMENTED THAT AN OBSERVATION WELL IS UNUSABLE AFTER THE SYSTEM IS COMPLETE EXCEPT FOR MONITORING PURPOSES. CHAIRMAN WODTKE COMMENTED THAT THEY ESTIMATED BETWEEN $90,000 TO $170,000 FOR THESE WELLS, AND THAT IS A BIG BALL PARK FIGURE. MR. TESSIER STATED THAT THEY GOT A PRICE OF $170,000 AS THE MAXIMUM THAT ANY BID -SHOULD COME IN AT. THE $90,000 FIGURE WAS BEFORE THEY INCREASED THE SIZE FROM 12" TO 16", AND HE POINTED OUT THAT WITHOUT SPECIFICATIONS IT IS VERY DIFFICULT FOR A CONTRACTOR TO COME UP WITH A REAL GOOD PRICE. COMMISSIONER LYONS ASKED WHAT IS SO TRICKY ABOUT DRILLING A WELL DOWN TO THE FLORIDAN AQUIFER IN THIS COUNTY, WHICH HAS BEEN DONE MANY TIMES. MR. ENG NOTED THAT TO USE THIS AS A PRODUCTION WELL, THE MATERIAL, ETC., HAS TO BE APPROVED BY THE DER AND THEY HAVE ADDITIONAL REQUIREMENTS FOR PUBLIC SUPPLY WELLS, MR. TESSIER EXPLAINED THAT FOR THE 16" WELL, THE COST OF 16" CASING ITSELF IS CONSIDERABLY MORE THAN 12". THEY ARE OFTEN DRIVEN TO THE TOP OF THE AQUIFER AND DRILLED OUT BELOW THAT. ON THIS WELL, THEY WILL HAVE TO DRILL IT ALL THE WAY DOWN AND THEN CEMENT IT ALL THE WAY BACK TO THE LAND SURFACE, WHICH MEANS A MINIMUM 22" DIAMETER HOLE DRILLED TO THE AQUIFER, OR AROUND 400'. HE NOTED THAT IF THEY WENT BACK TO A 12" DIAMETER FOR BOTH WELLS, IT WOULD LOWER THE COST A BIT, BUT FOR THE PUMP, THEY NEED A MINIMUM OF 12. MR. TESSIER CONTINUED THAT THEY ESTIMATE 5 TO 6-1/2 MONTHS TO COMPLETE THE PROJECT, AND THE PRINCIPAL CONTROL OF THAT IS THE DRILLING FOR WHICH THEY HAVE ESTIMATED S TO 12 WEEKS, THE LONGER IT TAKES, THE LARGER THE COST. ATTORNEY COLLINS INQUIRED ABOUT THE WELL SITE, AND MR. ENG STATED THAT THEY ARE SEARCHING FOR A PROPOSED TREATMENT PLANT SITE; ONE WELL WILL BE LOCATED THERE AND THE OTHER ABOUT 1,000' AWAY. THEY DO NOT KNOW THE EXACT LOCATION AT THIS TIME, BUT HOPE TO KNOW BY SOMETIME NEXT MONTH AND GET AN OPTION. ATTORNEY COLLINS ASKED IF THEY ARE PROPOSING THAT THE COUNTY ENTER INTO AN OPTION; DRILL A WELL TO SEE IF THERE IS GOOD WATER AND THEN IF THERE ISN'T, THEY WOULD NOT EXERCISE THE OPTION. MR. ENG STATED THAT THEY HOPE TO BE ABLE TO HAVE AN OPTION FOR THE ENTIRE TREATMENT PLANT SITE OF I0-20 ACRES. BASED ON ALL PRELIMINARY INFORMATION, THEY DO NOT SEE WHY THAT AREA SHOULD NOT YIELD A WELL SUFFICIENT FOR PRODUCTION. IF THAT WELL DOES NOT PROVE 0UT, HE -FELT THE COUNTY MIGHT NOT WANT TO EXERCISE THAT OPTION, BUT NOTED THEY MIGHT BE ABLE TO USE THE LAND FOR THE TREATMENT PLANT ANYWAY. HE FELT THE COUNTY COULD EITHER HAVE AN OPTION OR BUY OUT- IN�fe3af ATTORNEY COLLINS ASKED IF IT TAKES TWO WELLS TO FIND OUT ABOUT WATER QUALITY, AND MR. TESSIER EXPLAINED THAT IT TAKES ONE WELL TO DETERMINE THE QUALITY, BUT TWO WELLS FOR THE RESPONSE OF THE AQUIFER TO THE DIVERSION. CHAIRMAN WODTKE QUESTIONED IF IT WOULD PAY TO GO TO THE AREA UNDER CONSIDERATION AND PUT DOWN A 2" WELL TO FIND OUT WHAT YOU CAN GET., MR. TESSIER NOTED THAT IT IS DIFFICULT TO PUT ANYTHING LESS THAN 6" DOWN TO 450'. THE OTHER ALTERNATIVE WOULD BE TO USE SOME EXISTING WELL THAT MIGHT BE USED FOR AN OBSERVATION WELL AND NOT HAVE TO DRILL THE SECOND WELL, BUT SO FAR THEY HAVE NOT GOTTEN INTO THE INVENTORY AND DON'T KNOW WHAT IS AVAILABLE. MR. ENG POINTED OUT THAT THE TEST WELL PROGRAM IS BASED ON THE REQUIREMENTS NECESSARY TO GET A CONSUMPTIVE USE PERMIT FROM ST. JOHNS WATER MANAGEMENT DISTRICTIAND THE COST OF THE PROGRAM, AFTER WE RECEIVE A COMMITMENT FROM FMHA, WILL BE REIMBURSABLE FROM THE PROJECT FUNDS. MR. TESSIER DISCUSSED PERFORMING TASKS I AND 2 TO SEE WHAT OUR OPTIONS ARE IN REGARD TO USING AN EXISTING WELL FOR AN OBSERVATION WELL; ALSO, POSSIBLY WITH SPECIFICATIONS, WE COULD GET A BETTER IDEA AS TO THE PRICE OF A I2" AND A 16" WELL. HE NOTED THAT THIS WOULD DELAY THE PROGRAM, BUT IT IS A CONSIDERATION, AND A WELL INVENTORY HAS TO BE PERFORMED UNDER ANY CIRCUMSTANCES. DEC 191979 66 Box 42 PACE 371 r DEC 191979 Boa 42 PAGE372 COMMISSIONER LYONS COMMENTED THAT HE HATES TO BUY A PIG IN A POKE, AND FELT OUR UTILITIES DIRECTOR SHOULD BE MORE INTIMATELY INVOLVED WITH ALL THIS BEFORE IT COMES TO US. CHAIRMAN WODTKE NOTED THAT WE NEED TO MAKE A DECISION AS TO THE BASIS ON' WHICH WE WANT GERAGHTY & MILLER TO PROCEED. HE THEN DISCUSSED POSSIBLE DRAWDOWNS AND ASKED AT WHAT POINT WE WILL HAVE SOME INFORMATION ON THAT. MR. TESSIER STATED IT WOULD NOT BE UNTIL THE WELLS ARE COMPLETED AND MONITORED. CHAIRMAN WODTKE ASKED HOW MUCH DELAY WOULD BE INVOLVED IF THEY PROCEEDED JUST WITH TASKS 1 AND 2, AND MR. TESSIER STATED THE SPECIFICATIONS WILL ACTUALLY TAKE MUCH LESS TIME THAN THE INVENTORY, AND FELT IT MIGHT DELAY THE PROGRAM BY TWO WEEKS TO A MONTH. ATTORNEY COLLINS NOTED THAT IF A 30 OR 15 DAY TERMINATION AGREEMENT WERE INCLUDED IN THE CONTRACT, YOU COULD STOP IT, BUT NOT INTERRUPT THE NATURAL FLOW OF WORK. THE CHAIRMAN STATED THAT HE WISHED TO PROCEED AS QUICKLY AS POSSIBLE, BUT DID NOT WANT TO SPEND ANY MORE MONEY THAN ABSOLUTELY NECESSARY. IN FURTHER DISCUSSION, IT WAS NOTED THAT EVEN IF AN OBSERVATION WELL IS FOUND, THEY STILL HAVE TO DRILL THE 16" WELL. MR. ENG SUGGESTED THAT IF IT IS NECESSARY TO DRILL AN OBSERVATION WELL, THAT THEY GO TO A 12" WELL, WHICH WILL SAVE MONEY IN THE LONG RUN. HE COMMENTED THAT HE HAD ALLOCATED ABOUT SIX MONTHS FOR THE TEST WELL PROGRAM AND ANTICIPATED BEGINNING DESIGN ON THE TREATMENT PLANT IN FEBRUARY. MR. ENG DID NOT FEEL A 3 - 6 WEEK DELAY WOULD JEOPARDIZE THE SCHEDULE OF THE TOTAL PROJECT. CHAIRMAN WODTKE STATED THAT HE DID NOT HAVE A PROBLEM AUTHORIZING THE WELL PROGRAM AS SET OUT, WITH A TERMINATION CLAUSE. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COM- MISSIONER LOY, THAT THE CHAIRMAN BE AUTHORIZED TO SIGN A CONTRACT WITH GERAGHTY & MILLER TO PROCEED WITH TASKS 1 THROUGH 5 AS OUTLINED IN GERAGHTY & MILLER'S LETTER OF DECEMBER 12, 1979, WITH A RIGHT TO TERMINATE WITHIN 15 DAYS. 67 ATTORNEY COLLINS FELT THERE WILL BE SOME CHANGES, AND MR. TESSIER NOTED THAT THERE COULD BE A REDUCED COST ON TASK 3 AS THEY ARE CONSIDERING THE OPTION OF NOT PUTTING IN THE OBSERVATION WELL, AS DISCUSSED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. •i DEC. 19 1979 BOOK 42 -'PAGE 373 . DEC 1 ,9 1979 Geraghty & Miller, Inc. BOOK 42 PAGE 374 Forum III Suite 403 1675 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 CONSULTING GROUND -WATER GEOLOGISTS AND HYDROLOGISTS Telephone: 305/683-3033 12 December 1979 Indian River County Commissioners Indian River County Courthouse 2145 14th Avenue Vero Beach, Florida 32960 Dear Commissioners: We are aware that Indian River County has decided to proceed with the planning, design, and construction of a water system for the South County Taxing District, using reverse osmosis to treat water from the Floridan Aquifer. To assist the County in accomplishing its goal, Geraghty & Miller, Inc., proposes to conduct a testing program in the taxing district area. To date, preliminary evaluation of the availability and quality of water contained in the Floridan Aquifer within the taxing district has been made by extrapolating data from outside the district. More specific information is now needed. In addi- tion, a testing program will be necessary to determine the regional impact of the proposed diversion, provide information for system planning and plant design, and provide technical data which will be needed to obtain a water -use permit from the St. Johns River Water Management District. Five tasks are planned for the testing program: The principal task is the drilling, sampling and testing of a 16 -inch -diameter test -production well and a 12 -inch -diameter observation -produc- tion well. Additional tasks are the preparation of technical specifications for the testing program; inventorying of existing wells (well permittees and existing legal users who might be affected by the proposed diversion); preparing and presenting of progress reports and the final report; and meeting with the Joint Venture, regulatory agencies, and county personnel. WASHINGTON; NY TAMPA. FL �M BEACH..FL i CHAMPAIGN. IL . CT _� _ Geraghty & Miller, Inc. I. R. County Comm. 12 Dec 79 Task 1 -- Preparation of Specifications and Contractor's Proposal Form Geraghty & Miller, Inc., will prepare technical specifications for the testing program. The hydrogeologic requirements of the testing program are quite technical and detailed, and bidders will need a clear understanding of the work in order to satisfy these requirements. In addition, because the wells that will be drilled in this program may eventually be used as production wells, it is expected that the County and the Joint Venture will also have input to the specifications. Geraghty & Miller, Inc., will work closely with these groups in preparing these specifi- cations. Task 2 -- Well, Permit, and User Inventory Results of the preliminary hydrogeologic investigation indicate that the proposed diversion will impact wells tapping the Floridan Aquifer over a large area extending outside the taxing district. The well owners undoubtedly will form the principal group of objectors to the proposed diversion. Indian River County must be aware of the potential ohjectors, and the loca- tions, capacities, and usage patterns of individual wells be- fore submitting a water -use application. In addition, because a potential for water -quality degradation may exist in the Floridan Aquifer as a result of upward movement of poorer quality water from greater depths, the total depth, cased depth, and present water quality in existing wells should be documen- ted. This potential for upward movement is of critical concern to the St. Johns River Water Management District. Geraghty & Miller, Inc., will complete an inventory of wells, legal users, and permitted diversions from the Floridan Aquifer within a minimum five miles of the prospective well field. Two separate water management districts -(South Florida Water Manage- ment District and St. Johns River Water Management District) and two separate sub -district offices (Fort Pierce and Orlando) of the Florida Department of Environmental Regulation (DER) main- tain jurisdiction over water use and well construction within five miles of the taxing district. These agencies will be con- tacted for information. In addition, data may be available from the Florida Department of Natural Resources, the U. S. Geologi- cal Survey, local well drillers, and local engineers. Once BOOK 1% PAGE375 DEC. -1-9.1979 BOK= .+G` PAGE 376 I. R. County Comm. - 3 - 12 Dec 79 located, water samples will be collected from existing wells in the Floridan Aquifer, if possible. These water samples will be analyzed for chloride concentration and specific conduc- tance. The completed inventory will be included in a report to Indian River County that will serve as technical documenta- tion should any future problems develop. Task 3 -- Drilling and Testing Program Following the selection of a drilling contractor by competitive bid, a 16 -inch -diameter test well and a 12 -inch -diameter obser- vation well will be installed at a suitable location in the taxing district. Both of these wells will be designed to serve as production wells in the future. Because of concern for the potential threat of upward movement of poor quality water from deeper portions of the aquifer, the drilled hole at the test - production well will be extended to a depth of approximately 900 feet below land surface. A monitoring tube extending to land surface will be installed at that depth, and the borehole will be sealed between that depth and about 700 feet. The well will produce water from an open borehole occurring between 400 and 700 feet below land surface. Approximately 1000 to 2000 feet from the test -production well, the observation -produc- tion well will be installed. This well will be.drilled to about 700 feet and completed with an open borehole between 400 and 700 feet. During the construction and testing of wells, a Geraghty & Miller, Inc., hydrogeologist will act as resident inspector at the site. In addition to determining that the well's are constructed according to specifications, the hydrogeologist will describe and analyze formation samples collected during drilling and perform field analyses on water samples collected as drilling progresses in the Floridan'Aquifer. Borehole geo- physical logging will be performed during the drilling operation. Previous investigators have speculated on the existence of a secondary artesian aquifer in eastern Indian River County. This zone, occurring below the shallow aquifer and above the Floridan Aquifer in western portions of the county and outside the county, has not been reported to the east. Its existence could provide an important future water source in the county. Therefore, before casing is installed in the test -production and observation -production wells, electric and gamma -ray logging Geraghty & Miller, Inc. , _ M _. I. R. County Comm. - 4 - 12 Dec 79 will be conducted in the region above the Floridan Aquifer to detect the presence or absence of this aquifer. Geraghty & Miller, Inc., has equipment to prepare these logs and will provide the services. In the Floridan Aquifer, more extensive logging is necessary and the drilling contractor will provide geophysical services. Among the logs that will be required in the Floridan Aquifer are electric, gamma, temperature, caliper, flow meter, and fluid conductivity logs. The hydro - geologist will coordinate between Geraghty & Miller, the Joint Venture, and the drilling contractor so that logging and any other special testing procedures are completed on schedule. Upon the completion of drilling, Geraghty & Miller, Inc., will assist the contractor in the performance of pumping tests. At least one controlled pumping test of approximately 72 hours' duration will be conducted on the test -production well. This test will be designed so that the hydrologic characteristics of the Floridan Aquifer will be established. Factors to be evaluated will be transmissivity, storage, vertical leakance, and the potential for upconing. Knowledge of these charac- teristics will serve as the basis for evaluating the impacts of the proposed diversion aid determining optimum well yields. Additional capacity tests and flow tests may be performed on the test -production well and observation well. Geraghty & Miller personnel will direct the contractor in the test proce- dures, collect water -level and water -quality data during the tests, and determine the testing periods. Water samples collec- ted from the monitoring tube and from the pumped discharge dur- ing the test will be forwarded to a chemical laboratory for analysis. Task 4 -- Analysis of Data and Preparation of Reports Indian River County will receive monthly progress reports dur- ing this program. Upon the completion of testing, Geraghty & Miller, Inc., will analyze the data collected during the well inventory, and the drilling and testing program, and prepare a final report of the investigation. The report will describe the steps taken during the drilling and testing program, and present the pertinent data collected during the well inventory. Geologic and hydrologic conditions in the taxing district and surrounding area will be described. Based on the program results, recommendations of well -field design, well construction, DEC 1.9 1979 800x 2- PACE37 DEC 191979 Geraghty & Miller, Inc. _ Boot: TACE,378= I. R. County Comm. - 5 - 12 Dec 79 and pumping schedules will be made. An assessment will be made of the regional impact of the proposed diversion from the Phase 1 withdrawal and from subsequent phased withdrawals. The final report will be in a form that will serve as a supporting docu- ment to a water -use application for the system. Task 5 -- Project Meetings, Conferences, and Related Work After the completion of testing, Geraghty & Miller, Inc., will have to work closely with Iridian River County and the Joint Venture in obtaining a water -use permit. It is anticipated that correspondence and meetings will be necessary with public agencies such as the St. Johns River Water Management District and the Florida Department of Environmental Regulation before the water -use permit can be obtained and conceptual approval of the system can be granted. Therefore, Task 5 has been included to allow for discussions and correspondence necessary to com- plete the permit process. PROJECT PERSONNEL AND TIMING Geraghty & Miller's tasks in this program will be directed by a Senior Scientist of the firm who will act as project manager. He will be responsible for Geraghty & Miller's input into the preparation of specifications for this testing program. He will direct the firm's staff hydrogeologists in the inventory of wells, permittees, and legal users. Under his direction, staff hydrogeologists will inspect the well drilling, gather data during the testing program, assist the contractor in the performance of pumping tests, and perform other field tasks as required. The project manager will be responsible for the preparation of all reports and correspondence related to the project. Likewise, he will attend all -meetings with Indian River County and the Joint Venture, and if required, he will also meet with public agencies on the County's behalf. Mr. Tom Tessier, who has been involved in the preliminary investi- gation of the ground -water resources of the taxing district, will be the project manager. Mr. Vincent P. Amy will act as project advisor to provide overall guidance and to assure that the program is carried out in keeping with the past procedures of Indian River County and the policies of Geraghty & Miller, Inc. He will also be available to attend meetings and present testimony at public hearings on behalf of the County, if requested. Geraghty &. Miller, Inc. I. R. County Comm. - 6 - 12 Dec 79 The specifications and contractor's proposal form could be available for public advertisement approximately four weeks after Geraghty & Miller is authorized to proceed with the Program. During that time also, Geraghty & Miller will initiate the well inventory. After the close of bidding, it is anticipated that a contract can be negotiated with the successful bidder, and the contractor can be available at the site of work within four weeks. The drilling and testing pro- gram will take approximately eight to twelve weeks to complete. Geraghty & Miller, Inc., could then complete a report on the program in four weeks. Thus, the program should take 5 to 6Z months to complete, including time to prepare the final report. ESTIMATED COSTS The total cost of the program has been estimated by allowing for reasonable periods of time in which to perform specific tasks. In this regard, the time to complete Task 3 (the dril- ling and testing of wells to be constructed) will be greatly dependent upon the skill and performance of the drilling con- tractor, who will be competitively selected. Likewise, the additional work related to obtaining a water -use permit for the completed system (Task 5) cannot be predicted. The costs of these tasks have been estimated based upon recent experiences of Geraghty & Miller, Inc. By task, project costs for hydro - geologic consulting services are estimated below. Task 1 -- Preparation of Specifications and Contractor's Proposal Form Task 2 -- Compilation of Well,. Permit, and User Inventory Task 3 -- Drilling and T.esting of Test - Production Well and Observation - Well Task 4 -- Reduction of Data and Preparation of Reports Task 5 -- Project Meetings, Conferences, and Related Work DEC 191979 $ 5,000 $ 3,700 $28,500 $ 7,700 $ 2,900 379 �.� KC:.._ ,91979 Geraghty & Miller, Inc. 800K PAGE 380,�. �.�....:. I. R. County Comm. - 7 - 12 Dec 79 The total cost for hydrogeologic consulting services is estim- ated at $47,800. This cost shall be considered to be the con- tract price and will not be exceeded without written authoriza- tion from Indian River County. Associated contractor's costs for drilling and testing services are estimated at $90,000 to $170,000. Actual Geraghty & Miller, Inc., charges for profes- sional services are based upon hourly rates for work performed plus associated expenses. Monthly invoices will be submitted to Indian River County in accordance with the enclosed fee schedule. We are once again honored to submit this proposal to Indian River Countv. We will be pleased to present this program to the County Commissioners at a time which would be convenient. Respectfully submitted, GERAGHTY & MILLER, INC. Vincent P. Amy Executive Vice President VPA/TLT/k Enclosure Geraghty & Miller, Inc. SCHEDULE OF FEES FOR PROFESSIONAL SERVICES August 1979 The charges for services provided by Geraghty & Miller, Inc., consist of: (1) an hourly fee for any professional staff member actively working on a project, (2) reimbursement of expenses, and (3) reimbursement of subcontractor's and other special costs. Bills covering the hourly charges and expenses will be submitted for payment on a calendar month basis, unless some other arrangement has been agreed upon. Fee ranges for various classifications of Geraghty & Miller, Inc., personnel are indicated below and are subject to revision. Principal Vice President Associate Senior Scientist Senior Hydrogeologist Hydrogeologist Draftsman, Technician, and Research Assistant Range $75.00 - $85.00 65.00 - 75.00 55.00 - 70.00 40.00 - 55.00 28.00 - 40.00 17..00 - 30.00 15.00 - 26.00 Reimbursable expenses are chargeable at cost. These include travel costs, living expenses for personnel required to be away from their home office in connection with the work, rental cars, long distance telephone calls, telegraphs and cables, copies, prints or reports, shipping costs for samples and other mater- ials, expendable supplies purchased specifically for a project, and premiums for insurance in addition to normal coverage when required. Mileage for the use of personal cars is charged at 30 cents per mile. Mileage for project use of company owned vehicles is charged at 35 cents per mile. Subcontractor charges, costs of laboratory analyses, pur- chase or rental costs for special equipment necessary for the work, and any other costs not associated with normal office over- head are billed at cost-plus a handling charge of 15 percent. DEC 191979 aDOK4 , FACE 381 DEC 191979 BOOK 42 PAGE 382 SENIOR PLANNER DAVID MARSH CAME BEFORE THE BOARD TO DISCUSS A REVISION TO THE TENTATIVE APPROVAL OF MITCHELL ACRES SUBDIVISION. HE NOTED THAT THIS REVISION RESULTED FROM THE CONTROVERSY CONCERNING ROADS GOING FROM MITCHELL SUBDIVISION INTO COLONIAL TERRACE, WHICH WAS DISCUSSED AT THE MEETING OF OCTOBER 10, 1979, AND AT WHICH TIME IT WAS AGREED THAT THE DEVELOPER OF MITCHELL SUBDIVISION WOULD REMOVE THEIR CULVERT; THE COUNTY WOULD REINSTALL THE DITCH AND THE PAVING IN COLONIAL TERRACE; AND THE RESIDENTS OF COLONIAL TERRACE WOULD DO ANY LANDSCAPING REQUIRED. ENGINEER SCHMUCKER CONFIRMED THAT THERE IS A REVISION OF TWO STREETS AND THEY ARE PUTTING IN A CUL-DE-SAC. HE STATED THAT THEY GOT APPROVAL ON THEIR WATER SYSTEM FROM THE DER, BUT CANT PUT IN FIRE HYDRANTS. ATTORNEY COLLINS COMMENTED THAT IF IT DOESN'T MEET COUNTY STANDARDS, IT MAY NOT BE SUFFICIENT. MR. SCHMUCKER EXPLAINED THAT IT IS ONLY A QUESTION OF WHETHER THEY CAN INSTALL A FIRE HYDRANT; EVERYTHING WILL BE THERE, BUT THEY WOULD HAVE TO HAVE A 100,000 GALLON TANK. THEY CAN PUMP THE 500 GALLONS PER MINUTE, BUT DON'T HAVE THE STORAGE CAPACITY. HE NOTED THAT THEY ALREADY HAVE A TANK THAT IS DOUBLE THE RETENTION REQUIRED BY THE STATE. ENGINEER SCHMUCKER CONTINUED TO EXPLAIN HOW THEY REVISED THE PLAT BY ELIMINATING A RIGHT-OF-WAY, AND IT REALLY MAKES NO DIFFERENCE IN THE DEVELOPMENT AT ALL. SENIOR PLANNER MARSH INFORMED THE BOARD THAT PLANNING DIRECTOR REVER HAS BEEN INVOLVED IN THIS MATTER, AND FROM WHAT HE UNDERSTANDS, IT DOES COMPLY. ENGINEER SCHMUCKER INFORMED THE BOARD THAT THE CULVERT HAS BEEN REMOVED, THERE IS AN OPEN DITCH, AND HE BELIEVED THERE IS A BARRICADE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY -COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE REVISION TO THE TENTATIVE APPROVAL OF MITCHELL ESTATES SUBDIVISION, NOW KNOWN AS PINE CREST SUBDIVISION. 77 THE BOARD NEXT CONSIDERED THE TENTATIVE APPROVAL OF MITCHELL ACRES SUBDIVISION, WHICH IS EAST OF THE SUBDIVISION JUST DISCUSSED. THE STREET IN MITCHELL ACRES DOES TIE INTO MITCHELL ESTATES, AND THIS WILL ALL BECOME PINE CREST SUBDIVISION. THE REVI- SIONS REQUESTED BY THE TECHNICAL REVIEW COMMITTEE WERE IN REGARD TO PROVISION OF WATER, AND*MR. MARSH STATED THAT HE UNDERSTOOD THAT THE DER HAS GIVEN APPROVAL. HE CONTINUED THAT THE PLANNING DEPART - MENTIS APPROVAL WILL BE CONTINGENT UPON APPROVAL OF THE EXPANSION OF THE WATER SYSTEM. HE FURTHER FELT THAT THE ENGINEER HAS PLANS FOR THE SWALE AS REQUESTED BY THE TECHNICAL REVIEW COMMITTEE. ATTORNEY COLLINS ASKED IF THIS IS NOT A BRAND NEW TENTATIVE PLAT, AND ENGINEER SCHMUCKER EXPLAINED THAT THIS WAS PRESENTED QUITE SOME MONTHS AGO WHEN WE HAD THE MORATORIUM TO STUDY FRANCHISE FORMS. THEY HAD THE SUBDIVISION REVIEW COMMITTEE APPROVAL AND WERE BEFORE THE BOARD AND WERE INSTRUCTED TO HOLD OFF BECAUSE OF THE MORATORIUM. HE CONTINUED THAT THEY WENT BACK BEFORE THE SUBDIVISION REVIEW COMMITTEE AND NOW ARE BACK BEFORE THE BOARD AGAIN. THE BOARD REFERRED TO THE MINUTES OF MAY 10, 1978. CHAIRMAN WODTKE POINTED OUT THAT THE PLAT STATED THAT THE WATER IS TO BE SUPPLIED BY TREASURE COAST UTILITIES, AND MR. SCHMUCKER AGREED THAT IS INCORRECT, AND THEY WILL BE ON THEIR OWN WATER SYSTEM. IT WAS NOTED THAT THE DER PERMIT IS ON THE ENTIRE 50 ACRES, WHICH WILL BE CALLED PINE CREST SUBDIVISION, AND THE FRANCHISE PREVIOUSLY GRANTED WILL HAVE TO BE EXPANDED. CHAIRMAN WODTKE NOTED THAT WE HAVE TENTATIVE APPROVAL ON A PLAT CALLED MITCHELL ESTATES SUBDIVISION, AND ASKED IF THIS ALSO IS GOING TO BE CALLED PINE CREST SUBDIVISION. MR. SCHMUCKER INFORMED HIM THAT WHEN THEY DO THE FINAL RECORDED PLAT, THAT IS WHEN THE NAME PINE CREST WILL BE PUT ON THIS DEVELOPMENT. HE NOTED THAT IT ALL DEPENDS ON HOW THEY RECORD IT. THEY HAVE BUILT TWO OF THE ROADS IN THE 40 ACRE TRACT, AND IT IS POSSIBLE THAT ONE PORTION OF THE TRACT MIGHT BE RECORDED AHEAD OF THE OTHER. 78 O09K 42 PAGE 383 DEC .19 1979 DEC 191979 BOOK 4 FACE 384 ATTORNEY COLLINS COMMENTED THAT THEY HAVE TENTATIVE APPROVAL ON THE PIECE OF PROPERTY AS A WHOLE, AND THEY WOULD HAVE TO SEE IF THE PIECE THEY WANTED TO PLAT WOULD STAND ON ITS OWN OR NOT. HE SUGGESTED THE BOARD DISCUSS PINE CREST I AND PINE CREST II. HE STATED THAT HE IS CONCERNED THAT WE REMAIN CONSISTENT WITH THE WAY WE GRANTED TENTATIVE APPROVAL BEFORE. COMMISSIONER LYONS ASKED IF EVERYTHING HAS BEEN THROUGH SUBDIVISION REVIEW, AND THE CHAIRMAN STATED THAT IT HAS, BUT HE BELIEVED WE WILL HAVE TO CHANGE A FEW NOTES ON THE PLAT. MR. MARSH ASKED IF YOU NORMALLY HAVE TO HAVE FRANCHISE APPROVAL BEFORE TENTATIVE APPROVAL, AND ATTORNEY COLLINS STATED THAT IDEALLY, THE TWO GO TOGETHER. HE DID NOT FEEL IT HAS TO BE SIMUL- TANEOUS IN THIS CASE SINCE IT IS JUST AN EXPANSION, BUT USUALLY IT IS. YOU HAVE TO HAVE A PUBLIC HEARING TO EXPAND A FRANCHISE. THIS DEVELOPER HAS ALREADY RECEIVED A FRANCHISE WITH THE TERMS OF THE COUNTY'S NEW FRANCHISE FORM. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO PINE CREST SUBDIVISION, UNIT II, CONDITIONED UPON A WATER FRANCHISE BEING ISSUED TO THE DEVELOPER UNDER THE SAME TERMS AND CONDITIONS AS THE PREVIOUS FRANCHISE ISSUED ON PINE CREST SUBDIVISION, UNIT I, OTHER- WISE KNOWN AS MITCHELL ESTATES, AND UPON MAKING THE NECESSARY CHANGES IN THE NOTES ON THE PLAT REFERRING TO TREASURE COAST UTILITIES. SENIOR PLANNER MARSH REVIEWED A RIGHT-OF-WAY ABANDONMENT IN INDIAN RIVER HEIGHTS REQUESTED BY ROBERT GALE, AS PER HIS FOLLOWING MEMO OF DECEMBER LOTH: 79 m m MEMO co cam , do Q e TO: Jack Jennings, County Administrator ��''► �` c FROM: avid Marsh, Senior Planner SUBJECT: Request for Abandonment of Right -of -Way This request for abandonment deals with an unimproved portion of right- of-way located directly to the southwest of the 26d Street and 14th Avenue intersection, Block H, Unit 4, Indian River Heights. " Agencies which were requested to review this.petition included: Southern Bell Telephone '= Florida Power & Light 4 Indian River County Utilities Department Indian River County R.O.W. Department t Written responses from the Telephone Company or the County R.O.W. Department were not received. A follow-up indicated that neither objected to the abandon- ment, subject to the easement mentioned below. Based on the responses received and staff analysis, it is recommended that the R.O.W. in question be abandoned. At the same time, the 20' easement which runs between Lots 1 and 9, Block H, should be retained and extended to the 2nd Street R.O.W. due to an existing utilit%� line and -possible addi- tional drainage or utility provisions in the future. It is the staff's opinion that the 70'R.O.W.'s on 2nd Street and 14th Avenue should be adequate for future needs, thus allowing for the abandonment of the Traffic Island as well. The transition of ownership of the slivers of property to Lots 1 and 8 could be undertaken without the need for appraisals or restitution. The substantial gain which.would be realized by the owner of Lot 9, however, should warrant a fair -market appraisal, and appropriate compensation to the County. DISCUSSION FOLLOWED IN REGARD TO SELLING AN ABANDONMENT, AND ATTORNEY COLLINS POINTED OUT THAT WHEN WE ABANDON, WE GIVE UP OUR RIGHTS, AND WHEN THERE ARE ABUTTING LAND OWNERS, EACH GETS HALF, BUT UNDER THIS PARTICULAR SET OF CIRCUMSTANCES, IT IS UNCLEAR WHAT HAPPENS TO THE INTEREST THAT IS ABANDONED. MOTION WAS MADE BY COMMISSIONER LYONS TO SET A PUBLIC HEARING IN REGARD TO ABANDONMENT OF THE RIGHT-OF-WAY AS ABOVE. MOTION DIED FOR LACK OF A SECOND. MR. MARSH ASKED IF THE COUNTY WISHED TO GET INTO APPRAISAL. ATTORNEY COLLINS FELT THE COUNTY CAN REQUIRE A PAYMENT, BUT THE COUNTY IS REALLY NOT SELLING THAT ROAD; THEY DONT OWN IT, DEC 191979 80 BOOK 42 mcE385 DEC 19* 1979 BOOK 42 FACE386 ALL THEY HAVE IS THE DEDICATION. HE CONTINUED THAT IF THE BOARD SHOULD DECIDE TO HOLD A PUBLIC HEARING, THEY SHOULD FIRST DECIDE WHETHER THEY DO WANT TO EXTINGUISH THEIR RIGHTS. IN THE EVENT THEY - WANT TO CHARGE SOMETHING, THEN IT WOULD BE LOGICAL TO BASE IT ON AN APPRAISAL. DISCUSSION CONTINUED AS TO SELLING THE ABANDONMENT, AND THE ATTORNEY EXPLAINED THAT THE COUNTY HAS NO CONTROL OVER WHO GETS TITLE TO THE PROPERTY, SO THEY CAN T SELL IT, BUT THEY CAN CHARGE A FEE FOR THE PROCESS OF ABANDONING. HE FELT THE FIRST DECISION IS WHETHER THIS IS EXCESS PROPERTY AND WHETHER THE BOARD IS WILLING TO GIVE IT UP; AFTER THAT POINT HE FELT YOU CAN GO AHEAD AND AUTHORIZE THE PROCESS AND AUTHORIZE AN APPRAISAL AT THE SAME TIME SO AT THE PUBLIC HEARING YOU KNOW A PRICE. THE OTHER ALTERNATIVE IS'TO GO AHEAD AND AUTHORIZE THE APPRAISAL AND THEN GO TO THE PERSON WHO IS GOING TO BENEFIT AND SEE IF IT IS WORTH THAT MUCH TO HIM TO GO THROUGH THE PROCESS. MOTION WAS MADE BY COMMISSIONER LYONS TO AUTHORIZE AN APPRAISAL OF SAID PROPERTY AND APPROACH THE OWNER OF LOT 9 TO DETER- MINE IF IT IS WORTH THAT MUCH TO HIM. COMMISSIONER Loy WISHED TO KNOW IF WE ARE SURE WE HAVE NO USE FOR THIS PROPERTY. MR. MARSH NOTED THAT WE HAVE A 70' RIGHT-OF-WAY ON 2ND ST. AND 14TH AVE. AND POSSIBLY THIS COULD BE FOR A PUMPING STATION, BUT HE DIDNIT THINK IT WOULD BE SUITABLE IN THE MIDDLE OF A SUBDIVISION. ATTORNEY COLLINS FELT THE APPLICANT SHOULD SHOW AN OVER- RIDING REASON WHY THE COUNTY SHOULDN'T MAINTAIN CONTROL BEFORE THEY GIVE IT UP. COMMISSIONER LYONS' MOTION DIED FOR LACK OF A SECOND. ADMINISTRATOR JENNINGS STATED THAT UNLESS THERE IS A WAY TO GET FAIR COMPENSATION FOR THE PROPERTY, HE WOULD RATHER KEEP IT AS IT IS. MOTION WAS MADE BY COMMISSIONER LYONS, THAT WE ABANDON THE. SUBJECT PROPERTY PROVIDED WE RECEIVE FAIR COMPENSATION. Eli THE CHAIRMAN FELT WE WANT TO AUTHORIZE THE ATTORNEY TO SET UP THE PROCESS, BUT NOT DETERMINE WHETHER WE WANT TO ABANDON THE PROPERTY OR NOT AT THIS TIME. COMMISSIONER LYONS' MOTION DIED FOR LACK OF A SECOND. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR TO HAVE THE SUBJECT PROPERTY APPRAISED AND THIS MATTER BROUGHT -BACK TO THE BOARD FOR FURTHER CONSIDERATION. FRANK ZORC CAME BEFORE THE BOARD TO DISCUSS HIS REQUEST TO DIVIDE LOTS #1 AND #7 OF ORANGE TERRACE SUBDIVISION INTO TWO LOTS. HE STATED THAT SINCE PLACING THIS MATTER ON THE AGENDA, THEY HAVE ENCOUNTERED A FURTHER PROBLEM AND NEED CLARIFICATION AS TO.HOW THEY MIGHT BE ABLE TO USE THEIR LOTS IN ORANGE TERRACE AND COMPLY WITH THE ORDINANCE. HE EXPLAINED THAT THEIR PROPERTY WAS DEVELOPED OVER A YEAR AGO INTO LOTS CONTAINING ALMOST 3/4 OF AN ACRE EACH, WITH THE UNDERSTANDING AND APPROVAL OF THE STATE HEALTH DEPARTMENT THAT THEY COULD BUILD S TO 10 UNITS ON THESE LOTS WITH SEPTIC TANKS AND WELLS. THIS, HOWEVER, WAS CHANGED, AND THEY WERE TOLD THAT THEY COULD NOT USE SEPTIC TANKS, SO THEY THEN REQUESTED USE OF THE SEWER LINE ON 6TH AVENUE. MR. ZORC CONTINUED THAT THE BOARD SAW FIT TO LIMIT THEM TO ONLY FOUR UNITS AND ONE WELL PER LOT, AND THEY THEN CONCLUDED THAT THEY WOULD HAVE TO GO IN TO THE WATER BUSINESS. THEY RECENTLY HAVE BEEN ADVISED THAT PRIVATE WATER SYSTEMS WOULD COST ABOUT $75,000, AND HIS INVESTORS HAVE DECIDED THERE IS NO WAY THEY CAN AFFORD THIS AMOUNT, ESPECIALLY SINCE THEY ARE GOING TO SPEND $40,000 FOR SEWER CONNECTION. MR. ZORC STATED THAT HE REALIZED HIS REQUEST TODAY PERTAINS TO LOTS #1 AND #7, BUT HE REQUESTED THAT THE BOARD ADVISE THEM IF THEY CAN TAKE AND USE THE LOTS FROM THE PAVED ROAD ON BACK ONLY DEEP ENOUGH TO PERMIT THEM TO BUILD A FOUR UNIT APARTMENT BUILDING AND NOT USE THE BALANCE OF THE LOT FOR A PERIOD OF TIME WITH THE IDEA THAT WHEN THE COUNTY COMES IN WITH THE WATER SYSTEM, THEY THEN CAN USE THE REMAINING PROPERTY TO DEVELOP SEPARATELY WITH A SITE PLAN. HE'STATED THAT THEY CAN MEET THE SITE PLAN REQUIREMENTS AND HAVE DEC 191979 BOOK . 42PAGE 387 DEC 191979 Bom 42 PAGE 388 THE PROPER SQUARE FOOTAGE, ETC., AND WOULD JUST SELL HALF THE LOTS. HE WISHED TO KNOW IF THEY CAN DO THAT WITHOUT RESUBDIVIDING. CHAIRMAN WODTKE NOTED THAT WE ARE HERE TODAY TO DISCUSS DIVIDING LOTS #1 AND #7 AND HE DID NOT THINK THE BOARD IS GOING TO GET INTO THE QUESTION OF RESUBDIVIDING TODAY, THE BOARD AGREED THAT THIS MATTER SHOULD BE REFERRED TO THE PLANNING DEPARTMENT AND FELT IT PROBABLY WOULD CALL FOR A REPLAT. COMMISSIONER Loy SUGGESTED THAT MR. ZORC WITHDRAW THE MATTER, AND HE STATED THAT HE STILL WANTED TO DISCUSS LOTS #1 AND G. CHAIRMAN WODTKE ASKED WHAT PROPOSAL MR. ZORC HAD WITH REGARD TO SPLITTING LOTS #1 AND G, AND MR. ZORC STATED THEY WOULD BE SPLIT EAST AND WEST AND THEY WOULD BE ACCESSED PARTLY OFF 6TH AVENUE. CHAIRMAN WODTKE STATED THAT HE DEFINITELY WAS NOT IN FAVOR OF ANY MORE DIRECT ACCESS ONTO 6TH AVENUE. 13TH ST. MR. ZORC FELT THESE LOTS COULD ACCESS ONTO 14TH ST. OR ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT PLANNING DIRECTOR REVER HAS TALKED TO MR. ZORC ABOUT ACCESS AND HAS RESERVATIONS CONCERNING IT. MR. NELSON DID NOT BELIEVE THAT PLANNING HAS HAD A CHANCE TO STUDY THIS, AND THEY HAVE MADE NO WRITTEN RECOM- MENDATIONS. DISCUSSION CONTINUED, AND THE BOARD FELT POSSIBLY ALL THESE QUESTIONS SHOULD BE ADDRESSED AT ONE TIME, BUT MR. ZORC STATED THAT HE HAD HOPED THAT SPLITTING THE LOTS WOULD NOT REQUIRE A REPLAT. ATTORNEY COLLINS FELT THAT MR. ZORC IS CORRECT AS TO LOTS #1 AN #Z; OUR ORDINANCE SIMPLY SAYS THAT HE CANT DIVIDE'THEM WITHOUT THE APPROVAL OF THE COUNTY COMMISSION. MR, ZORC UNDERSTOOD THAT THIS REQUIRES A PUBLIC HEARING AND NOTED THAT IF YOU FILE A REPLAT, IT DOESNIT REQUIRE A HEARING. CHAIRMAN WODTKE COMMENTED THAT IF THEY CHOOSE TO REPLAT, THE ORDINANCE WE ARE DISCUSSING DOES NOT COME INTO EFFECT, AND SENIOR PLANNER MARSH AGREED THAT MR. ZORC WOULD HAVE TO GO BACK THROUGH THE WHOLE SUBDIVISION PROCESS. COMMISSIONER LYONS QUESTIONED -THE AFFECT ON THE WELL AND SEWER SITUATION IF YOU CUT THIS SUBDIVISION INTO SMALLER LOTS. CHAIRMAN WODTKE ASKED IF YOU CAN PUT FOUR UNITS ON EACH AND ANOTHER WELL, AND MR. ZORC NOTED THAT THE SMALLER YOU GO, THE DENSITY CHANGES AND WOULD BE LESS, COMMISSIONER LYONS FELT WE HAVE INSUFFICIENT RECOMMENDA- TION FROM OUR STAFF. HE STATED THAT HE HAS NO TROUBLE WITH THE CONCEPT, BUT WANTS TO BE SURE THE MECHANICS OF DRAINAGE, ETC., HAVE ALL BEEN ADDRESSED BY THE PLANNING DEPARTMENT. MR. ZORC POINTED OUT THAT THEY HAVE STREET FRONTAGE ON THREE SIDES OF BOTH LOTS SO THERE IS NO PROBLEM WITH THE BREAK-UP. IT IS DEDICATED RIGHT-OF-WAY, AND THEY WILL REPLAT THE REST ON A COMPLETE REPLAT, BUT HE WOULD LIKE TO BREAK UP LOTS #1 AND G. COMMISSIONER LOY POINTED OUT THAT WHAT HE IS TRYING TO DO IS WHAT THE BOARD HAD HOPED PEOPLE WOULD NOT DO. THE CHAIRMAN NOTED THAT THEY ARE NOT PLANNING TO DIVIDE THE LOT IN THE MIDDLE, AND MR. ZORC STATED THAT IT WOULD COMPLY WITH ALL SQUARE FOOTAGE REQUIREMENTS AND SETBACKS, ETC. IT WAS NOTED THAT LOT #9 HAS ALREADY BEEN BUILT ON AND HAS AN OUT-OF-TOWN OWNER. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO SEE AN OVERALL VIEW OF THE OVERALL REPLAT, AND MR. ZORC STATED THAT HIS ONLY PROBLEM IS THAT THE PLANNING DEPARTMENT MIGHT NOT AGREE. ATTORNEY COLLINS NOTED THAT THEN HE WOULD HAVE TO COME BACK, AND MR. ZORC INFORMED HIM THAT THEY HAVE A TIME ELEMENT ON THE SALE. COMMISSIONER LOY FELT MR. ZORC SHOULD SUBMIT A REQUEST TO REPLAT THE WHOLE SUBDIVISION AND NOTED THAT IF HE GOES THE ROUTE ON LOTS #1 AND #7 FOLLOWING THE NEW ORDINANCE AND HAS A PUBLIC HEARING, THERE IS NOTHING TO ASSURE THAT HIS GOAL WILL BE ACCOMPLISHED. MR. ZORC STATED THAT HE WOULD LIKE TO TRY IT, HOWEVER. COMMISSIONER LOY ASKED WHAT IF THE TWO LOTS ARE SPLIT AND THEN THEY COME BACK AND WISH TO SPLIT LOTS #Z AND #8? 84 89 DEC 191979 BOCK 494, pact X3 r' DEC 191979 BOOK 42 PAGE 390 MR. ZORC BROUGHT UP ACCESS, BUT IT WAS NOTED THAT THESE ALSO HAVE ACCESS TO DEDICATED STREETS. MR. ZORC STATED A CONDITION COULD BE MADE THAT LOTS #1 AND #7 ARE THE ONLY TWO THAT COULD BE DONE THAT WAY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY REMANDED THE MATTER OF DIVIDINs LOTS #1 AND #%, ORANGE TERRACE SUBDIVISION, TO THE PLANNING DEPARTMENT FOR A WRITTEN RECOMMENDATION, WITH THE APPLICANT PUTTING DOWN THE SPECIFIC LINE ALONG WHICH THESE LOTS ARE TO BE DIVIDED, AND REQUESTED A REPORT FROM THE PLANNING DEPARTMENT ON THE EFFECTS OF A COMPLETE REPLAT OF THE EXISTING SUBDIVISION. ENGINEER .JAMES BEINDORF CAME BEFORE THE BOARD REPRESENTING THE DEVELOPER OF VILLAGE GREEN, PHASE II. HE EXPLAINED THAT WHAT THEY ARE REALLY ASKING IS WHAT IS NECESSARY TO GET A ZONING PERMIT TO PLACE SOME TRAILERS ON PHASE II OF VILLAGE GREEN WHEN ALL THE IMPROVEMENTS ARE NOT YET COMPLETED. THEY NEED THE ZONING PERMIT TO GET A BUILDING PERMIT TO PUT THE TRAILERS ON THE CERTAIN LOTS THAT HAVE BEEN SPOKEN FOR. THESE LOTS ARE NOT GOING TO BE SOLD; THEY ARE RENTAL UNITS. IT TAKES 5 OR 6 WEEKS TO PREPARE THEM SO SOMEONE CAN START LIVING IN THEM - BUILDING THE DRIVEWAYS, SKIRTS UNDER THE BUILDING, SODDING, ETC. MR. BEINDORF STATED THAT THEY ARE PROPOSING TO POST A CASH BOND TO COVER THE UNCOMPLETED IMPROVEMENTS ON THESE LOTS, AND NOTED THAT THE BOARD WOULD NOT BE GIVING APPROVAL FOR A CERTIFICATE OF OCCUPANCY. ATTORNEY COLLINS STATED THAT HE HAS RESEARCHED THIS AND THERE IS LEGAL AUTHORITY FOR POSTING OF A BOND IN THIS SORT OF SITUA- TION. HE SAW NO REASON WHY THE COUNTY SHOULD NOT ACCEPT IT. CHAIRMAN WODTKE ASKED IF THE ADMINISTRATOR HAS REVIEWED THIS MATTER AND FELT THE COST ESTIMATES ARE WITHIN REASON. ADMINISTRATOR .JENNINGS STATED THAT THEY ARE ACCEPTABLE, AND HE IS SATISFIED THIS IS IN AGREEMENT WITH THEIR CONTRACT. ATTORNEY COLLINS ASKED IF THE ENTIRE BOND WILL STAY UP UNTIL THE PROJECT IS COMPLETE, AND MR. BEINDORF STATED THAT HIS CLIENT _�5 LLM WOULD L"IKE TO MAKE ONE DRAWDOWN TO BE DONE ON THE ADMINISTRATOR'S APPROVAL. THE REMAINDER OF THE MONEY WOULD BE LEFT, BECAUSE IT WILL TAKE ABOUT 30 DAYS TO COMPLETE. ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY AGREED THAT PURSUANT TO THE LETTER OF DECEMBER 11, 1979 FROM BEINDORF AND ASSOCIATES REGARDING VILLAGE GREEN, PHASE II, THE COUNTY WILL ACCEPT A CASH BOND IN THE AMOUNT OF $$0,000, CONDITIONED UPON THE COMPLETION OF LOTS 401 THROUGH 426, 427-A, 427-B, 427-C, 427-1); 501 THROUGH 514; 553 THROUGH 572; 601 THROUGH 616; AND 617 THROUGH 632, OF APPROXIMATELY THE EAST 1/2 OF PHASE II OF VILLAGE GREEN ACCORDING TO SITE PLAN APPROVED BY THE INDIAN RIVER COUNTY ZONING COMMISSION AND THAT UPON THE COMPLETION OF THE 6" SOIL CEMENT BASE AND ACCEPTANCE BY THE COUNTY ADMINISTRATOR, THAT PART OF THE CASH BOND, I.E., $29,536.001 SHALL BE REFUNDED TO THE DEVELOPER, THE REMAINDER OF THE BOND TO STAY WITH THE FINANCE OFFICE UNTIL SUCH TIME AS THE DEVELOPER HAS COMPLETED THE ABOVE DESCRIBED PORTION OF THE EAST 1/2 OF PHASE II, VILLAGE GREEN ACCORDING TO THE SITE PLAN AS APPROVED. .• DEC 191979 2 PAGE 391 DEC 19 1979 42 Faso R BEINDORF AND ASSOCIATES, Inc. 3889 • 20TH STREET POSTVERO OFFICE BOX LORID q ,i •'l VERO BEACH FLORIDA 32960 JAMES L. SEINDORF. P. E. fes\ .,' /U TELEPHONE 305/562-7981 J KENNETH W. DAMEROW Cb RICHARD B. VOTAPKA, P. E N G'`��^•�a -, Gf v L,� December 11, 1979 0 Mr. Jack G. Jennings County Administrator Indian River County Room 115 County Courthouse Vero Beach, Florida 32960 Re: Village Green Phase II Dear Mr. Jennings: I am enclosing herewith a copy of the site plan for Phase II of the subject job. I spoke to you on Monday, December 10, 1979, concerning the developer posting a bond for a portion of the work which is now being completed. The purpose of the bond is to allow the developer to pull a permit to start placing and finishing the necessary improvements around mobile homes in the eastern portion of Phase II of Village Green. I am showing the area to be covered under the cash bond colored in red on the enclosed drawing. I would appreciate if you would deter- mine whether or not you would be able to give the Zoning Department and the Building Department the necessary approval for trailers to be moved in the area described above based upon the fact that the owner will post a cash bond to cover the portion of the road, drainage, water system, and sewerage system yet to be completed. The amount of monies covering these unfinished items are as follows: IT21UAQ NTITY UNIT PRICE AMOUNT 1. Paving and Drainage a. 6" Soil Cement Base 9230 S.Y. $ 3.20 $29,536.00 b. 1" Asphaltic Surface 9230 S.Y. 1.65 15,229.50 c. Miami Curb and Gutter 716 L.F. 4.40 3,150.40 d. 6' Valley Gutter 192 L.F. 10.75 2,064.00 e. Curb Inlets 501. s 6 Ea. 1,225.00 3,675.00, ITEM QUANTITY UNIT PRICE AMOUNT 2. Water Distribution System a. 6" Gate Valves 2 Ea.. $ 265.00 $ 530.00 b. 6" PVC Pipe 325 L.F. 8.25 2,681.25 3. Force Main and Lift Station a. 3" PVC Pipe 950 L.E. $ 4.95 $ 4,702.50 b. 3" D.I. Pipe 50 L.F. 11.00 550.00 c. Fittings 350.00 350.00 d. Lift Station (Complete) 50% 19,200.00 9,600.00 Subtotal $72,068.65 10% Contingency 7,206.87 $79,275.52 Round To $80,000.00 I would like to point out that the above unit prices shown to arrive at the bond cost are actual bid prices under contract by Village Green to the Dickerson group. These are not estimated prices. If you agree with the above and will allow the owner to post an $80,000.00 cash bond, I Mould appreciate your early reply. Very truly yours, BEINDORF AND ASSOCIATES, INC. James L. Beindorf REVISION VILLAGE GREEN - PHASE U 446 445 444 443, 442 441 440 439 i 434 437 436 435 1 434 1 433 432 431 430 429 428 427-D 427-C...., CIRCLE - 'A 's 427 B 447 L ORTH 448 527 1526 525 524 1 ':23 ^ 522 1 521 520 519 1518 517 1 516 II 515 427-A 514 528 , 449>;°°Y 426 529 ..5 13 NORTH 450 425 j 530 512 II I 424 451 50ro 507 508 511 45*2 50 510 423 532 5(5 504 CIRCL, 503 LL 453 ;t422 6061 604 02 60 0' 534 454 421 0 �03 6� 601 LQ— _ 50 -608 0 4 455 20 0 1; 535 6b 611 612 613 i 614 615 616 609 56 is TREET 419 < 536 J -418 -[6 STREET uj 457 537 624 w ivfa 622 620 1619 * 618 .617 417 458 538 625 459 572 ; 626 1 627 628 I 629 630 .631 631)2i 416 539 ROLE' eBe 415 460 Z 540 57 461 LAKE -.569 1 414 4 541 68 *'."567 566 565 564 563 562 415 462 542 13 GXAW rA5MALr(Me ca-mvA5-) ! ❑ 561 463 m ~ 412 543 464 544 560 411' y ��\I 559 --410 465 545 --F54d:,' ;49 550 551 552 546 547 553 554 555 55,s6 ' '5571l 558 ;CIRCLE'A' 5.0 2 -4. 466 09 r 474 475 467 4 469 �76 477 1 401 4*02 47��4 405 407 -.40.8 Z)7— WALKER ROAD �-%-,�HT-- OF- WAY DEC 19-1979 mox 4e,-, PACE -393 DEC 191979 wx 42 PAGE 394 SENIOR PLANNER MARSH INFORMED THE BOARD THAT HE NEEDED A RESOLUTION IN ORDER TO APPLY FOR A GRANT FOR DEVELOPMENT OF WABASSO BEACH PARK. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-121 AUTHORIZING THE APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF FLORIDA FOR A GRANT TO MAKE IMPROVEMENTS TO WABASSO BEACH PARK AND AUTHORIZING MR. -MARSH TO BE THE COUNTY LIAISON PERSON TO CARRY OUT THIS PROGRAM. 89 RESG,-UTION NO. 79-121 WHEREAS, the BOARD OF COUNTY COMMISSIONrRS OF INDIAN RIVER COUNTY, ^--OR;DA intends to apply to the State of Florldix, Department of Natura" Resourses for a matcning funds grant of $42,:30.00, to make sorely needed restoration and other improveiaents to the Wabasso Beach Park; and WHEREAS, said BOARD OF COUNT`( COi'�ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, does retain ownership, jurisdictional control, and maintain said park amd facilities; and WHEREAS, continued maintenance and proposed improvements to this public beach park facility will be in the interest of all the citizens ot� Indian River County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, which was duly established by Special Act of the Florida Statutes adopted on the 30th of ,Tune 19250 What this official document does hereby certify the Board of County Commissioners intent and agreement to apply for the above mentioned grant, and additionally to strive to implement the proposed improvements as delineated in the Grant Application to which this Resolution will be attached; AND FURTHER THAT, Mr. David Marsh, Senior Planner of the Indian River County Planning and Zoning Department, 2121 14th Avenue, Vero Beach, Florida, 32960, Phone (305) 567-5142 or 567-5143, is hereby authorized to be the County Liaison person charged with the responsibility to prepare;plan, and coordinate said application and development program; and BE IT FURTHER RESOLVED that this Resolution was passed by a vote of 4 to 0 , of the Commissioners present. This 19th day of Dec-PmhAr , 197 _. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA William C. Wodtke, Jr., Chai/Fina I Attest: DEC 191979 Boo, 46 PACE 395 DEC 191979 scox 42 FacE s COMMUNITY DEVELOPMENT DIRECTOR ED REGAN APPROACHED THE BOARD TO REQUEST AUTHORIZATION FOR EXECUTING SECTION S, HOUSING ASSISTANCE PAYMENT CONTRACTS. HE NOTED THAT WHEN THE APPLICANTS ARE APPROVED, THEY CAN SEEK RENTAL UNITS ANYWHERE IN THE COUNTY, EVEN WITHIN THE CITIES. THIS PARTICULAR PROGRAM REQUIRES SUBSTANTIAL CHECKS AND BALANCES AND REVIEW. THE PROGRAM MANAGER INTERVIEWS THE APPLICANT, ISSUES THE CERTIFICATE, CHECKS THE PREMISES, ETC., AND THEN WE ARE READY TO ENTER INTO AN ASSISTANCE CONTRACT. CHAIRMAN WODTKE ASKED IF THEY CHECK THE ELIGIBILITY OF THE PERSON AS TO INCOME AND ASSETS, AND MR. REGAN STATED THAT TED REX GETS A RELEASE FROM THE APPLICANT AND CHECKS ALL THE INFORMATION THEY HAVE SUPPLIED; WE ALSO HAVE INPUT FROM OTHER AGENCIES. CHAIRMAN WODTKE FELT THAT WE CANNOT DO ENOUGH CHECKING ON SOMEONE IS ELIGIBILITY, EVEN THOUGH MOST ARE HONEST. THE CHAIRMAN ASKED IF THERE IS ANY REQUIREMENTS AS TO WHO SHOULD SIGN THESE ASSISTANCE CONTRACTS. ATTORNEY COLLINS STATED THAT THE LEASES ACTUALLY CALL FOR THE COUNTY COMMISSION TO SIGN THE DOCUMENTS, BUT HE FELT THAT CAN BE DELEGATED. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COM- MISSIONER Loy, TO DELEGATE COMMUNITY DIRECTOR REGAN TO SIGN THE ABOVE DESCRIBED DOCUMENTS. MR. REGAN NOTED THAT HE WILL ACTIVELY BE CHECKING WHAT MR. REX IS DOING AND BELIEVED THE DIRECTOR OF COMMUNITY DEVELOPMENT OR OF THE HOUSING AUTHORITY IS GOING TO HAVE TO TAKE ON THAT AUTHORITY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COMMUNITY DEVELOPMENT DIRECTOR REGAN THEN ASKED FOR AUTHORITY TO ENTER INTO THE FIRST SECTION S HOUSING ASSISTANCE LEASES RETROACTIVE TO THE 15TH OF DECEMBER. HE •EXPLAINED THAT BOTH APPLICANTS WERE HARD PRESSED, AND WE HAD TO ASSURE THE LANDLORDS THAT IF THE BOARD PROCEEDED, THEY WOULD PROCEED FROM THE 15TH ON. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GAVE COMMUNITY DEVELOPMENT DIRECTOR REGAN RETROACTIVE APPROVAL TO ENTER INTO THE FIRST TWO HOUSING ASSISTANCE LEASES UNDER THE SECTION S PROGRAM FOR TENANTS BEVERLY DAVIS AND JANICE GORDON AS OF THE 15TH OF DECEMBER, 1979, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS HAD APPLICATIONS FROM TWO MANAGEMENT CONSULTANTS; HE HAS REVIEWED THESE AND COME TO THE CONCLUSION THAT THE COUNTY IS NOT LARGE ENOUGH AT THIS TIME TO REQUIRE THESE SERVICES. HE, THEREFORE, RECOMMENDED THAT THIS MATTER NOT BE CONSIDERED ANY FURTHER AT THIS TIME. THE BOARD CONCURRED WITH THE ADMINISTRATORS CONCLUSION AND ACCEPTED HIS RECOMMENDATION. ADMINISTRATOR JENNINGS ASKED THAT THE BOARD TAKE UP THE MATTER OF THE ENGINEERING CONSULTANTS FOR INDIAN RIVER BOULEVARD AS AN EMERGENCY ITEM. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED THE ABOVE EMERGENCY ITEM TO TODAY'S AGENDA AS REQUESTED BY THE ADMINISTRATOR. ADMINISTRATOR JENNINGS NOTED THAT REYNOLDS, SMITH & HILLS IS THE CONSULTANT THE BOARD IS CONSIDERING. HE STATED THAT HE HAS CONTACTED THEM TO SEE IF THEY ARE WILLING TO HAVE A LOCAL FIRM WORK WITH THEM ON THIS PROJECT, AND THEY HAVE INDICATED THAT THIS IS AGREE- ABLE TO THEM. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER Loy, TO AUTHORIZE THE CHAIRMAN AND THE ATTORNEY TO NEGOTIATE A CONTRACT WITH REYNOLDS, SMITH & HILLS FOR THE REDESIGN OF INDIAN RIVER BOULEVARD BETWEEN S.R. 60 AND BARBER AVENUE AND BRING SAME BACK TO THE BOARD FOR APPROVAL. COMMISSIONER LYONS NOTED THAT THE TAC COMMITTEE APPOINTED TO STUDY THE DRAINAGE PROBLEMS CHOSE THIS SAME FIRM AS ONE OF THE THREE THEY ARE GOING TO CONSIDER, AND THEY ARE GOING TO BE TRAVELING TO ORLANDO, ORMOND BEACH AND HOLLYWOOD TO INTERVIEW THESE FIRMS SHORTLY. HE ASKED IF THE BOARD WISHED TO HOLD UP ON THIS CONTRACT TO BE CON- SISTENT WITH THE OTHER. IN FURTHER DISCUSSION, ADMINISTRATOR KENNINGS RECOMMENDED THAT WE PROCEED. DEC x.91979 92 eoa 42 oAG T DEC 191979 mo 4209E THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAD CONTACTED EUGENE WILMOTH IN REGARD TO THE EASEMENTS IN VERO BEACH HOMESITES-, AND MR. WILMOTH HAS AGREED TO PUT ALL THE EASEMENT ON LOT 4, WHICH WOULD CORRECT THE ALIGNMENT AND ELIMINATE THE 5' JUG,. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY READOPTED IN ITS ENTIRETY RESOLUTION 79-122, WHICH WAS RESCINDED EARLIER IN THE MEETING. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ACCEPTED THE DRAINAGE EASEMENTS AS PROPOSED IN VERO BEACH HOMESITES AND ADDITIONALLY AGREED TO ACCEPT THE EAST 5' OF THE WEST 10' OF LOT 4, BLOCK B, VERO BEACH HOMESITES. THE ABOVE DOCUMENTS WILL BE MADE A PART OF THE MINUTES WHEN COMPLETED AND RECEIVED. COMMISSIONER LYONS INFORMED THE BOARD THAT HE NOW HAS A DRAFT OF A PROPOSED MINING ORDINANCE AND WOULD LIKE PERMISSION TO FORWARD IT TO THE PLANNING DEPARTMENT AND ASK THEM TO RUN IT THROUGH THE USUAL PROCEDURE TO COME BACK TO US WITH A RECOMMENDED CHANGE IN THE ORDINANCE. THE BOARD HAD NO OBJECTION. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR MEMBERS OF THE TECHNICAL ADVISORY COMMITTEE ON THE DRAINAGE STUDY TO INTERVIEW FIRMS AS DISCUSSED BY COMMISSIONER LYONS. COMMISSIONER LOY DISCUSSED SENATE BILL 18C, AND NOTED THAT WE HAVE TO CREATE AN AUDIT SELECTION COMMITTEE AND ALMOST START OVER TO NEGOTIATE FOR AN AUDITOR, BUT THE GOOD NEWS IS THAT THE STATE WILL PAY 100%. SHE NOTED THAT THE AUDIT SELECTION COMMITTEE IS TO BE COMPRISED OF EACH CONSTITUTIONAL OFFICER AND A COMMISSION MEMBER. CHAIRMAN WODTKE APPOINTED COMMISSIONER LOY TO REPRESENT THE BOARD ON THE AUDIT SELECTION COMMITTEE. CHAIRMAN WODTKE DISCUSSED THE PROPOSED LEASE WITH THE SCHOOL BOARD FOR SPACE AT THE COUNTY ADMINISTRATIVE COMPLEX. 9 ATTORNEY COLLINS NOTED THAT THE TERM OF THE LEASE SHOULD BEGIN ON THE FIRST DAY THEY COMMENCE OCCUPANCY, AND HE FELT THAT POINT SHOULD BE CLARIFIED. HE NOTED THAT THERE ARE TWO ADDITIONAL CHANGES - PARAGRAPH 16, PAGE 61 WHERE WE PROVIDED THAT THE SCHOOL BOARD IS GIVING UP THEIR RIGHTS TO THE RACE TRACK FUNDS, WHICH NOW AMOUNT TO ABOUT X20,000'A YEAR; IF THE STATE LEGISLATURE WERE TO DISCONTINUE THESE FUNDS IN WHOLE OR IN PART, THE SCHOOL BOARD, IN THAT EVENT, WILL BE RESPONSIBLE FOR THAT PORTION AS IT RELATES TO $20,000. THE OTHER POINT IS IN PARAGRAPH 20 WHERE WE ISOLATED THE MAJOR REPAIRS MOST LIKELY TO OCCUR DURING THE LEASE, I.E., THE ROOF AND THE AIR CONDITIONING, AND AGREED IF SUCH A MAJOR REPAIR IS DONE IN THE LAST TEN YEARS OF -THE LEASE, THEN THE SCHOOL BOARD WOULD GET CREDIT FOR SUCH PORTION OF THE BENEFIT THAT WOULD ACCRUE BEYOND THE TERM OF THE LEASE. CHAIRMAN WODTKE COMMENTED THAT THE LEASE IS TO BE VALID NOW, BUT THE RENT WILL BEGIN WHEN THEY ACTUALLY MOVE IN. HE INFORMED THE BOARD THAT THE SCHOOL BOARD HAS APPROVED ALL OF THIS EXCEPT THE ACTUAL CHANGE IN WORDING. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE LEASE WITH THE SCHOOL BOARD FOR SPACE AT THE COUNTY ADMINISTRATIVE COMPLEX AS OUTLINED AND AMENDED AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. SAID LEASE WILL BE MADE A PART OF THE MINUTES WHEN COM- PLETED AND RECEIVED. CHAIRMAN WODTKE REPORTED THAT HE HAS HAD NO DIRECT CONVERSA- TION WITH THE GOVERNOR IN REGARD TO APPOINTMENT OF MEMBERS TO THE HOUSING AUTHORITY, BUT IT HAS BEEN INDICATED THAT THE GOVERNOR WILL MAKE THESE APPOINTMENTS PRIOR TO THE WEEKEND. THE AGREEMENT WITH THE DIVISION OF BLIND SERVICES FOR A CONCESSION AT THE COUNTY ADMINISTRATIVE COMPLEX IS HEREBY MADE A- PART OF THE MINUTES AS APPROVED AT THE MEETING OF NOVEMBER 7, 1979. DEC 19 1979 94 Bcex 42 faec, 339 J DEC 1919 79 wK 42 rA;E 400 AGREEMENT BETWEEN tiltst.vltUf '���1tll� C'L`I'i1IL�L`h L C AND GRANTOR OF STAND IN OTHER THAN A FEDERAL BUILDING AGREEMENT made this -30th day of December, 1979 _between Indian River County Commission __-.. , hereinafter known as the Grantor, and the Division of Blind Services, hereinafter known as the Grantee. The Grantor hereby leases to the Grantee for the period of one year fro he date hereof, sp e w thin its emises as follows:-s.nty Administrative Complex_(approx. 0 sq, ft.;oo� ser'irce ------ area -,and em�lt� ee---lounge-)-- for the consideration of a rental of One Dollar ($1.00) per annum, and agrees that the right to sell on these premises sucharticlesas Food product coffee.- coid_drinks, _tea, cigarettes, candies, cakes, juices, and sundry items. Coin operated -vending magi nes-area �e to emp oyces and visitors shall belong exclusively to the Grantee.A The Grantor agrees to supply the light, heat and fuel necessary for the service and operation of this concession. The Grantor further agrees that the Grantee may appoint an agent to conduct this business, and shall have the privilege of supervising this business, and of replacing the agent at will. The Grantor further agrees to notify the Grantee immediate as to any misconduct or mismanagement by the agent which may come to his attention. The Grantee agees to install suitable equipment in the space provided by the Grantor, for the serving of the mer— chandise agreed upon to the employees and visitors of the building. The Grantee further agrees to place in the stand a suitable agent in the person of a blind man or woman with such sighted assistants as may be necessary to carry on this business in a satisfactory manner, and to meet every require- ment for quality of merchandise and proper service. The Grantee will remove immediately any agent or employee of this concession stand who is unsuitable or un- satisfactory to carry on the business. The Grantee further agrees that none of its agents shall be considered as employees of the Grantor, and the Grantor shall not be liable in any way for any injury sustained to the person of these agents. The Grantee further agrees that the Grantor shall not he liable for any loss of property of the Grantee or of the agents thereof which might occur. The Grantee further agrees that prices charged for merchandise shall not exceed regular retail prices. The Grantor agrees to allow the Grantee to remove on the expiration of this agreement all property, fixtures and fittings installed and owned by the Grantee for the purpose of conducting the business before described. THIS AGREEMENT AND ALI. ITS TERMS shall continue after the expiration of the above period subject to can- cellation upon thirty (30) days' notice by either party, and shall insure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS OF THIS AGREEMENT'mE PARTIES HERETO have by their pr Vr officers hereunto set their hands and have affixed their corporate seals thereto. By 9aJA •�,'� Commissioner v Education )WISION OF; BLIND SERVICES T. J. Bassett, Administrator GRANTOR: I dia-n _River County Co issi_on fly THE FULLY EXECUTED AGREEMENT WITH HERCULES INCORPORATED OF DELAWARE FOR REMOVAL OF STUMP WOOD, ETC., IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF OCTOBER 10, 1979, , M M M LP -65 FNC Revised (8/5/76) 9 8 Gj 9 I. Indian River County , hereinafter called the "FIRST PARTY," do hereby sell and convey to HERCULES INCORPORATED, a Delaware Corporation, doing business in the State of Florida as Hercules Incorporated of Delaware, hereinafter called "HERCULES," its successors and assigns, all of the dead pine top wood and stumps, hereinafter called "wood," acceptable and suitable for processing by HERCULES, located on the following described land in Indian River County, State of Florida Write Description Or Check Plat If In But Township Range Section Acres One Section. Otherwise Write Description. See Exhibit A attached and made a part o is agreement - 1. This agreement is made in consideration of one of the two methods of payment as follows: ' I�QxxXX7Cx7CC�61tX:9k9L'ffi�C�Xi�XX�d47L�51K.7�fXcx�C�x'�*� (b)per ton for each ton of wood removed by HERCULES from above land, settlement to be made monthly following removal. 2. The FIRST PARTY expressly warrants and guarantees to HERCULES that there are no other leases or agreements outstanding against said wood, that he has a good, clear and unencumbered title to said wood and that he has the right to sell said wood and receive the consideration there- for. 3. This agreement shall .r�qgmain in effect until all the acceptable wood has been removed, but in no event longer thaq'}WOo.r (I ) year(.$) from date. 4. See Exhibits B, C, D, and E also attached and made a part of this agreement. 5. Hercules further agrees to indemnify and hold harmless Indian River County for any damages or liability that may result from this contract. 6. Reasonable care will be exercised in the removal of the stumps in order not d•sthis a lan /y –h �gA this the B6* day of _ ((l 19 / A.D. �FI�R/S�'T PARTY Address Witness W. � Roo," //5 CoURroyeasg Ht -eat; a rman Board of Count uuissionersyero Beaeh. Florida 3.960 Indian River County, Florida HERCULES INCORPORATED A P. 0. Drawer 1517 Brunswick, Georgia 31520 STATE OF Florida COUNTY OF Indian Rig., Jr. I hereby certify that on this day before me personally appeared William C, 4Todtk e,a" his�atfe-, to me well-known and known to me to be the individuals de- scribed in and who executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein mentioned. Witness my hand and official seal, this 18th day of December' 1' 11' 19 79 NotaryPublic NOTA Y 41C STATt OF RORIOA AT lAAM Mf COMMISSION Mika ARY 8 1982 1121 ,Sl, THM ceuau IIS. tHXrMTSM 4C) 114AV I ,fincon w �S4ator' t, .l i DEC 191979 BoaK Boa 42 PACE 40Z DEC x.91979 - HERCULES INCORPORATED N... T1. ►.,NT.. IN V... I.. Exhibit A Township Range Section Acres Legal Description 335 38E 25 111.74 Indian River Farms Co Sub PBS 2-25 Tracts 11, 12, 139 & 14 ly , ing E of I-95 ,r/w 25 77.19 IRF Co Sub PBS 2-25 Tracts 9 & 10 31S 39E 32 139.18 SEI/4(less SE1/4 of SE1/4 of SE1/4 & SW1/4 of SW1/4 of SE1/4 & less E 40ft for rd r/w) 32 10.00 SWI/4 of SW1/4 of SE1/4 33 77'19 of /4(less W40ft) & SW1SE1/4 of SW14 4(less S40ft) 33 5.00 El/2 of S 10.0 acres of NE1/4 of SW1/4 33 5.00 W1/2 of S 10.0 acres of NE1/4 of SW1/4 32S 39E 4 20.00 IRF Co Sub PBS 2-12 Tr 22 & 23 in S1/2 4 10.58 Tr 21 in S1/2 4 10.00 Tr 20 in S1/2 4 30.74 Trs 17, 18, and 19 in S1/2 (less cnl & less W40ft Tr 17 rd r/w) 4 40.60 Trs 17-20inc in Nl/2(less cnl and W40ft of Tr 17 for rd r/w) 4 9.12 Tr 16 in N1/2(less cnl) 4 30.00 Tr 13, 14, and 15 in N1/2 4 19.72 SWI/4 of SE1/4(less to cnl et al) 4 18.31 W1/2 of NW1/4 of SE1/4 lyg E of Lateral G cnl 4 20.00 E1/2 of NW1/4 of SE1/4 4 39.16 NE1/4 of SW1/4(less cnl) 4 71.51 NE1/4 of NW1/4(less N40ft) & SE1/4 of NW1/4 4 15.00 W1/2 of N1/2 of N1/2 of SW1/4 of NE1/4 & SWI/4 of SW1/4 of NEI/4 4 15.00 E1/2 of N1/2 of N1/2 of SW1/4 of NEI/4 & SE1/4 of SW1/4 of NE1/4 4 5.00 W1/2 of S1/2 of N1/2 of SW1/4 of NE1/4 4 5.00 E1/2 of S1/2 of N1/2 of SW1/4 of NE1/4 Total 785.04 acres N... T1. ►.,NT.. IN V... I.. HERCULES INCORPORATED Exhibit B Hercules shall indemnify and save the First Party harmless from any loss on account of injury or death to anyone,or damage to property, except as herein provided, resulting from or growing out of the exercise by it of any of the rights granted to it hereunder or its operations upon said land, where any such injury or death or property damage results from -the negligence or the intentional acts of Hercules or its employees, or contractors while working for Hercules. Exhibit C Hercules shall push or drag the mounds of dirt which result from the uprooting of the stumps into the stump holes, but Hercules shall not be required to do anything else to fill or level the stump holes. Exhibit D First Party may cancel this agreement at any time at its own sole discretion. Hercules shall be allowed to remove any of its own equipment which may be on said land. Exhibit E Hercules agrees to contact and consult with the First Party before entering upon any of said lands. 1L ✓4Pv �?'C e MCA, it. IDINT[D W V... A. DEC 191979 Bout 42, MAO' . J DEC 19 1979 socK 42 PAGE 404 s . ",PCRCULSS INCORPORATED �� rs of /.:A/v4o 01,VVdD 'By l.vv/AAu IR.VZj? COUA1 Y N %W—.j 4:070y"e- /88. S3 Ac BhA_OLE S �2 of 5F-C-r)OW 25 T vv,v. s y; p 33 R,v & 38 /49. i8 ac T3/ /N SOCr,C Al 32 ,-3,2 HG d,9R r R2 /.c/ sECr10 3,^ N yys/V rd R r�• 7/f •[INT[O IN V.�. A. 2 r //VD.4CAT Uvr Srl/RS f{ R.O. 7 1 AS PER INSTRUCTIONS OF THE BOARD; THE FOLL014ING-LETTER" TO THE DEPARTMENT OF TRANSPORTATION IN REGARD TO POSSIBLE CLOSING OF THE MERRILL P. BARBER BRIDGE FOR MAINTENANCE PURPOSES IS HEREBY MADE A PART OF THESE MINUTES. !ACK G. JENNINGS, Administrator BOARD OF COUNTY COMMi„SIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. R. DON DEESON PATRICK B. LYONS 2145 14th Avenue November 8, 1979 Mr, William Fowler District Engineer Department of Transportation 780 S.W. 24th Street Fort Lauderdale, Florida 33315 Attention: Mr. Vallincourt Bridge Department Dear Mr. Fowler: Vero Beach, Florida 32980 The Board of County Commissioners of Indian River County, Florida in their meeting on November 7, 1979, instructed this office to express their appreciation for the prompt reply by telephone giving them the current status regarding possible closing of the Merrill P. Barber Bridge for maintenance purposes. All segments of this community are very hopeful that down time for repairs to this structure can be held to a minimum until after Easter, if at all possible, without creating a hazard to the public. If the County Commission can be kept informed and given as much lead time as possible prior to minor or major shut downs, it will be highly appre- ciated and helpful to all parties concerned. Thanking you again for the continued cooperation of DOT staff people in assisting us with our problems, I remain Very truly yours, Jack G. Jennz. gs County Administrator JGJ/ep CC: Board of County Commissioners DEC 191979 . _'BOOK ,42 .PAGE 405 -. . l0O NO PAGE 101) DEC 191979 Boos 4Z -?Act 4QQ RESOLUTION N0, 79-118 IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF DECEMBER 5, 1979. RESOLUTION NO. 79 - 118 A RESOLUTION GRANTING PERMISSION TO VISTA PROPERTIES OF VERO BEACH, INC. TO DO THE NECESSARY DREDGING AND FILLING IN CONNECTION WITH FILE NO. 31 - 21034 INDIAN RIVER COSTS -VISTA PROPERTIES OF VERO BEACH, INC. WHEREAS, the Board of County Commissioners of Indian River County, Florida, has received an application from Vista Properties of Vero Beach, Inc., a corporation organized and existing under the laws of the State of Florida and duly author- ized to do business in the State of Florida, to do extensive dredging and filling and excavation as described for filling under Chapter 253.124, Florida Statutes; and WHEREAS, this application has been reviewed and it has been determined that the project entertained would not: 1. Violate any statute, zoning law, ordinance, or other applicable restriction, nor 2. Subject the natural flow of the navigable waters as defined in Section 253.12, Florida Statutes, to harmful destruction or alteration, -nor 3. Create harmful or increased erosion, shoaling of channels or stagnant areas of water, nor 4. Cause material injury or monetary damage to accrue to adjoining land; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, has determined: A. Whether the project will interfere with the conserva- tion of fish, marine and wildlife, or other natural resources to such an extent as to be contrary to the public interest, and B. Whether the destruction of oyster beds, clam beds or marine productivity, including but not limited to destruction of natural marine habitats, grass -flats suitable as nursery or feeding grounds for marine life, including established marine soils suitable for producing plant growth of a type useful as nursery -or feeding grounds for marine life, will result therefrom" to such an extent as to be contrary to the public interest. s _ It has also considered other factors affecting the public interest; and WHEREAS, the biological survey of the Department of Environmental Regulations designated in Section 253.124, -.Florida Statutes, with revisions and the Department of Environmental Regulations letter of November 30, 1979 have been considered and read into the record at the same meeting at which final action has been taken on this application; NOW, THEREFORE, BE IT RESOLVED: That the Board of County Commissioners of Indian River County, Florida, hereby gives its approval to the construction of the above project as revised, subject to the approval of the Department of Environmental Regulation, pursuant to Section 253.124 (2), Florida Statutes, and the approval of the United States Army Corps of Engineers, pursuant to the Rivers and Harbors Act, and all other applicable federal statutes. PASSED AND DULY ADOPTED the 5th day of December, 1979 at regularly scheduled public meeting. ATTEST: Freda Wright, erk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA William C. Wodtke, Jr. 'Chairman APPROVED AS TO FORM: 67 George G. C ins, Jr. Indian River County Attor ey — 2 — �O.QX ,dF�G`i4GF.E DEC 19 1979 DEC x.91979 so�c 4.2 PAcE 40$ PERFORMANCE BOND AND AGREEMENT OF FLORIDA LAND COMPANY RE BENT PINE SUBDIVISION, UNIT 1 AND UNIT Z, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF AUGUST 8, 1979, - 104 FEDERAL INSURANCE COMPANY SHORT HILLS, NEW JERSEY BOND NO. 80813021 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we FLORIDA LAND COMPANY, 1560 Orange Avenue, Winter Park, Florida 32790 as Principal, and the FEDERAD INSURANCE COMPANY, having its principal office and place of business at Short Hills, New Jersey, as Surety, are held and firmly bound unto INDIAN RIVER COUNTY, FLORIDA, AS OBLIGEE, in the sum of FOUR HUNDRED SIXTY TWO THOUSAND THREE HUNDRED SIXTY and 00/100 -------------- ------------------------- ------------ ($462,360.00) Dollars, for which payment, well and truly to'be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 8th day of AUGUST 19Z�9 _• WHEREAS, the above bounden FLORIDA LAND COMPANY will complete ,certain improvements to the subdivision known as BENT PINE UNITS 1 and 2, in INDIAN RIVER COUNTY, FLORIDA, including a) Subgrading and grading, b) Road base and asphalt surface, c) concrete curbs, d) catch basins and storm sewers, and e) engineering required for the foregoing, all in accordance with the applicable laws, ordinances, rules and regulations including Ordinance No. 75-3, the Subdivision Ordinance of INDIAN RIVER COUNTY, FLORIDA, and in accordance with the Agreement between FLORIDA LAND COMPANY and INDIAN RIVER COUNTY dated August 7, 1979, attached hereto as Exhibit "A" as is fully and at large set forth and described in the attached Engineers Estimate, dated July 23, 1979 by James L. Beindorf, P.E. (Exhibit "B"). NOW, THEREFORE, the condition of the above obligation is such, that if the above bounden Principal shall well and truly and in good, sufficient and workmanlike manner, perform or cause to be performed the said contract, and each and every of the covenants, promises, agreements and provisions therein stipulated, and in each and every respect comply with the conditions therein contained, then this obligation to be void; otherwise to remain in full force and virtue. No claim, suit or action by.reason of any default shall be brought against the Principal or Surety after two years from date hereof. If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. The Principal shall be made a party to any suit or action, and be served with process commencing the same if the Principal can with reasonable diligence be found. No judgment shall be rendered against the Surety in excess of the penalty of this instrument. FLQRIDA LAND C ANY JAMES -L. CLARK -EXEC. VICE PRES. FEDERAL IN URANCE COMPANY BY Joseph H. Baker attorney.in-fact 91979 BOOK 42 DE -C , ` bt Certin" Copy of �0 ® tsg 42 PACE 0 �.: POPPER OF ATTORNEY ]Kn= Ru Am bg �a f rlt"Otg. That the FEDERAL INSURANCE COMPANY, 90 John Street, New York, New York, a New Jersey Corporation, has Constituted and appointed, and does hereby conatituto and sppoint R. 2. Tucker, J. T. Branham Kern MCIlhenny, Joseph H. Baker A. Gerald Curenton, J. T. Branham, Jr. of Orlando, Florida - • t .fir ra: .� "�'r each its true andlaw-ful Attorney -in Fact`to execute under such designation in its name and to affix its corporate seal to and deliver for and on Use= as surety thereon or otherwise, bonds of any of the following classes,to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) Sled in any snit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate. for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of One Hundred Thousand Dollars (;100,00o.00). • , ; .. - ,, S. Surety Bonds to the United States of America or any agency thereof, including those required 'or permitted under the laws or regulations relating to Customs or Internal Bevenne; License end Permit Bonds or other indemnity bonds under the laws, ordinances or regulatio:ef any State, City, Town Village, Board or otheror oonization,public or privndstoTrantation Companies Lostastrument bonds, Lease bonarenComtlon bonds, Miscellaneous Sty bonds and bonds on behalf of Notaries Pablie, Bo herli�s, Deputy Sheriffs and similar public oiHciats, 3. Bods on behalf of contiractors. in connection with bi "ro , y ds, P yowls or contracts. , 4 , I>i Sumpthe' acid FEDERAL INSURANCE COMPANY has, pursuant to jig By -Laws, caused $ these presents to be' signed by its Assistant Vice President and Assistant . Secretary and its corporate seal to be hereto affixed this lot a�day o! January 19. 78. , _ r }�A _ ; ,:,. �a. ,� x ; . FEDERAL INSURANCE COMPANY. �, r 7. ;. a ;,�'ca �s� �: �NL t_' • � �2�`#.:y-a�'� ,- .; _ ,. .. ° }. S � :i� . � j c _ -4 l�;t �a-- -.�.Na � .a�g ,. S}�"� . X IV - NO 'C�•° t1 t -a 000r6 McClellan ,.:... _ • ^' Assistant Vice President STATE OF NEW YORK County of New York I f John MacGregor Assistant Seeretary On this lot day of January 1975, before me personally came John MacGregor, known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the to me ion- described in and which executed the forego Power of Attorney and the said John MacGregor being by moe dull sworn, did depose and say that he resides in the Ci of Short Mills, in the State of New Jerreyy, that be is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to acid Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. Acknowledged and Sworn to before nae V ¢ BE �® on the date above w itteia s dq� � BLIG f NotaryFubtio a� ®� MARY K. BENDICI{ J� NOTARY Public, State of Now York, No. 24-0287060 Qualified in Kings County Certificate filed in New York Coontg Commission Expires March 80,197$ FOGA! III474R iR@tl. 1.7II1_'?- - ' CITY AND COUNTY OF NEW YORK: ss 1, the undersigned, Assistant Secretary ofth e FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from .the By -Laws of the said Company as adopted by its Board of Directors on 2jarch 11, 1258 and amended May 27, 1971 and that this By -Law is in full force and effect "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys - in -fact designated In any resolution of the Board of Directors or the Executive Committee, Or in any power of attorney executed as provided for In Section 8 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section S. All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an assistant Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations” And I further Certify that I lMV9 Compared the foregoing COPY of the POWER OF ATTORNEY with the original thereof and the same to a correct and true COPY Of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further Certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception Of Prince Edward island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. Given un 16nd' -a n"d the sad of said Company at Now York, N. Y., this ....... of S NV t' � x4iiz :-T %w -i7 r a4 'Ia A­.­�' DEC 1-9 1979 'u A A% MR. PACfAu11 DEC 191979 AGREEMENT �(lUit 2 PAGE 412 This Agreement is made thisth day of August, 1979, between Florida Land Company, a Fjjor-172ra corporation, and the Board of County Commissioners of Indian River County, a govern- mental agency. WHEREAS, Florida Land Company is the owner of certain property in Indian River County more particularly described in Exhibit "A" attached hereto; and WHEREAS, Florida Land Company desires to subdivide and plat said property described in Exhibit "A" into a residential subdivision to be known as "Bent Pine"; and WHEREAS, Florida Land Company desires to construct all improvements within said subdivision in accordance with all laws, ordinances, rules and regulations of Indian River County, and further desires to provide assurance to Indian River County that said subdivision will, in fact, be so constructed; and WHEREAS, the Board of County Commissioners of Indian River County, as a prerequisite to approval of the plat subdividing the property desires to have assurances that construction of improvements shown on the plat will be constructed in accordance with applicable laws, ordinances, rules and regulations; NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein, the parties hereto agree as follows: 1. In connection with the construction of improvements on the property described in Exhibit "A" attached hereto, which is proposed to be platted into Bent Pine Unit 1 and Unit 2, Florida Land Company will construct the following improvements in accor- dance with applicable laws, ordinances, rules and regulations of Indian River County. The cost of said improvements, pursuant to the engineer's estimate of Beindorf and Associates, Inc., is set forth in Column 1, a 20o inflation factor is set forth in Column 2, and the total of those two figures is set forth in Column 3. M M Column 1 Column 2 Column 3 Item Cost +20% --- To— t- al " 1. Subgrading and grading $43,400 • $ 8,680 $ 52,080 2. Road base & asphalt surface 44,600 8,920 53,520 3. Concrete curbs 33,900 6,780 40,680 4. Catch basins & storm sewers 213,200 42,640 255,840 5. Engineering 50,200 10,040 60,240 TOTAL $385,300 $77,060 $462,360 M M i 2. The items of construction and their cost, as set forth above, have been certified by James L. Beindorf, Professional Engineer, dated July 23, 1979, which certificate is attached hereto as Exhibit "B." 3. The improvements listed above will be begun no later than October 1, 1979, and shall be completed no later than September 30, 1980. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this� day of August, 1979. FLORIDA LAND COMPANY W'tnesses: mes L.ar Executive Vice Pr sident Attest: - Daniel O. White Assistant Secretary BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By:_ A -d VIM DEC 1979 avoK 42 FAcE 41.1 0 1 E N T P E UNIT AND .-UNIT 2 ' UNIT 1 - OcSCr?I8E? AS FCLLOWS cr, t. a croposed %crtn Rig. t of (..y :Inc 7f StO:�T. 3'�ti2 li^ ° „. 1- c a Point S 39 58 44 �Y , V14?.32 f?et tram the fast lire of s•_id SectiOn 16 fe- the POI::T OF BEGI,,4,kiING of UNIT 1; thence canti,ue S 89�: 58' 44"W oiong said Right- of ;Nay line 50.00 feet thence N00°OI'16"iti 239.3! feet; thence N09138,35 'E , 50.22 feet ; thence N85039'45"'N, 180.00' feet ; thence 409°38'35"E , 413.28 feet ; thence N31°08'20 "E 560.80 feet ; thence N 520 39'02"E , 478.02 feet thence NJ 74031'13"E, 693.14 feet thence S 23''0;28 'E 3 , 0.01 feet ; thence S --13008'49"W 2 92 12 feet ; thence S 77 ° 33' 38"W, 348. 17 feet thence S 56Gn_8'56"W, 483.69 feet ; thence S 2i°49'38"W,553.48 feet thence SC9°38'35"W , 50.63 feet ; thence SG0031 16 , 235. 08 feet to the POINT OF BEGINNING of UNIT 1 .... Containing 20.398 Acres more or less. R1 W ep a UNIT 2- DESCRIBED AS FOLLOWS: Co m m o n ce of a point or. the East line of said Sectian 16 , being NJ 00' 07'33"It, 81.00 feet from the Southeast corner- of the 'Northeast 1/4 thereof , sa'd Point being -on the proposed North Right of way line of Storm Grove Road ; thence S 990 58' 44"W 645.19 feet to the POINT OF 8EGIyNING of UNIT 2 thence ; continue S 89°58'44 W , 50.00 feet theace N 00001'16"W 1 93. 15 f to a point of curvature, of o curve, concave Easterly eet having o (rn x , radius of 310. 34 feet ; thence 262.87 feet along the arc of said curve, thru a central angle of 48031'53" to 0 0 I feet ; thence 42.04 feet along the me point of reverse curvoture, having a radius of90.90"- of said �i curve , thru a central angle of 260 30'00" to the end of said curve; thence N70°12 04 W, 115.67 feet ; thence N 27°58'22"W y , ?183. 24 feet thence N 52045'55"E,314.01 feet ; thence S75°34'45"E , 180.69 feet ; thence S "*32'40 "E ., 546.12 -feet; thence S17°01'49"E 580.45 feet; thence S140•18 01 W , 263.15 feet ; thence S55° s t. 29 29. >ti, 9 7.08 . feet ; thence N 70° 12 04 W, 100.00 feet, to a point of curvature of a curve concave Northerly having a radius , of 149. 10 feet ; thence from o tangent bearing of S22° 00 37" W , run 68.96 feet along the arc of said curve thru a central angle of 26°30'00„ to 0 point re�ersse curvature of o curve , having a radius of 256.06 feet ;thence 2 16.89 feet clang the arc of said curveoft central angle of 48°31'53 " to the point of tangency thereof "E ; thence S00 ° 01' 16 , 9 5.09 feet .I POINT OF BEGINNI NG of UNIT 2 ... Containing 15. 386 to the Acres,more or less. . j TOTA! APEA nF !)NIT A!:n U� " P = I 5.7?4 ACREC � R1 W ep a EXjW .5.. ESTIMATED COST OF IMPROVEMENTS FOR FLORIDA LAND COMPANY'S BENT PINE UNITS I AND II FOR ROADS, DRAINAGE AND ENGINEERING I, James L. Beindorf, of Beindorf and Associates, Inc., an Engineer in good standing with the Florida State Board of Engineering Examiners, - do hereby certify that the work required to be performed in accordance with the attached Performance Bond of the Florida Land Company, as Principal, given to Indian River County, apolitical subdivision of the State of Florida, to com- plete all the improvements required by the County for the Platting of said subdivision which said items are as follows: 1. Subgrading and grading 2. Road base and.asphalt surface 3. Concrete curbs 4. Catch basins and storm sewers 5. Engineering e Date:_yI_rf�,* DEC 1-91979 BOOK $ 43,400 44,600 33,900 213,200 50,200 $385,300 BEINDORF AND ASSOCIATES, INC. BY_ )mes L. Beindorf, P. -No-. 5375. 1 . '` to t�iat�gretmsr►t bc1''✓egr, F)v,-ida Lain,( Cc.•„Pahy a►nd lti4iCiocdrd o� Co u►, t}, Gbr,.,.ia►ioen,r 4fr�] PO,;E 415 �l Zndc.�h oei'v�r COvnr alafeA Avq �st 7, i97'? ME= BOOK 42 PAGE 416 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND N0. 64173 - 64313 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 7:15 O'CLOCK P.M. ATTEST: C5 V V CLERK c -0- 21, CHAIRMAN r