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HomeMy WebLinkAbout12/3/1980i WEDNESDAY, DFCEMBER 3, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 3. 1980, AT 8:30 O'CLOCK A.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD; ALFRED GROVER FLETCHER; AND DON C. SCURLOCK, JR. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCURLOCK LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND FRED W. MCCLELLAN, FIRST PRESBYTERIAN CHURCH, GAVE THE INVOCATION. CHAIRMAN LYONS ANNOUNCED THAT AT 10:00 O'CLOCK A.M., THE CITY COUNCIL WILL BE MEETING TO HOLD A SHORT REORGANIZATIONAL MEETING IN THE COUNCIL CHAMBERS, AND THE BOARD WILL RECESS THIS MEETING AT THAT TIME. ADDITIONS TO THE AGENDA THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO BE MADE TO THE AGENDA. COMMISSIONER FLETCHER REQUESTED THE ADDITION OF A NORTH INDIAN RIVER COUNTY FIRE DISTRICT MEETING. COMMISSIONER BIRD REQUESTED ADDING ITEM #lOG REGARDING CHANGE ORDER #4, COURTHOUSE RENOVATION. COMMISSIONER BIRD ALSO REQUESTED ADDING AN APPOINTMENT TO THE PLANNING & ZONING COMMISSION. ATTORNEY COLLINS REQUESTED ADDING AN ITEM REGARDING AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING FOR ESTABLISHING SET -BACKS ON ROUTE 60. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE ABOVE ITEMS WERE ADDED TO THE AGENDA. 800K 5 PACE 3,31 DEC 31980 DEC 31980 mall.-TIN'liffamr2m moK 45 PAcE 332 CHAIRMAN LYONS ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 18, 1980. COMMISSIONER SCURLOCK POSED A QUESTION REGARDING A REQUEST TO THE ATTORNEY TO DRAFT A STATEMENT OF HIS DUTIES AND RESPONSIBILITIES AS A MEMBER OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT. IT WAS DETERMINED THAT COMMISSIONER SCURLOCK WOULD ATTEND THOSE ADVISORY • MEETINGS AS CHAIRMAN LYONS' REPRESENTATIVE, AND COMMISSIONER SCURLOCK REQUESTED THAT ATTORNEY COLLINS SPELL OUT HIS DUTIES AND RESPONSIBILITIES. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 18, 1980, AS WRITTEN. CLERK'S AGENDA ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH A. WAKEFIELD, COUNTY EXTENSION DIRECTOR, AS FOLLOWS: DEC. 4-5 WEST PALM BEACH 4-H TRAINING ON LEADER IDENTIFICATION AND RECRUITMENT DEC. 8-10 DAYTONA BEACH IFAS ADMINISTRATIVE LEADERSHIP CONFERENCE (BOTH TRIPS ARE ON IFAS TRAVEL FUNDS) ON MOTION -BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT, FALL TERM, 1980, IN THE AMOUNT OF $82.08; AND COUNTY COURT, OCT. -Nov. TERM, 1980, IN THE AMOUNTS OF.$143.96, $183.48, AND $111.56. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: RECEIPT FOR DEPOSIT OF COUNTY FUNDS, N0, 1327 FROM SHERIFF .JOYCE IN THE AMOUNT OF $548.60 �► 1� .�. _l1 MIN03 : ► ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE AMENDED AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES REGARDING THE SEBASTIAN CITY DOCK, AhiEN1)hILNT TO PROJECT AGREEMENT THIS AMLNI)MEINT, dated this 3rd day of December 19 80 , serves to amend pot -tions of that project Agreement by and between the Department of Natural Resources, Division of Recreation and Parks, referred to as DEPAR'T'MENT, and the 4 _C1.�4 of c h-,sti an defined Florida rofert-ed to as CITY, and County of Indian River hereinafter referred to as COUNTY. IT IS WITNLSSLT11: That in and for the mutual covenants between the DEPARTMENT, the CITY and the COUNTY, it is agreed that the following amendments to the aforesaid Agreement dated December 19 19 79 shall apply: defined 1) Paragraph 5 of that Project Agreement dated December. 11) 19 79 shall be and is hereby amended to read as follows: 5. The DEPARTMENT agrees, in consideration of the promises made by the County herein, to tender to the County funds in the amount of $8,000.00 to be used specifically for the development cel' t)MLtint; foci litie.; anti/or improvements as defined in Lxhibit "A", at.tacl od to the Project Al"i-eement'. -1- DEC 31980 3 45 PA;E 333 DEC - 31990 45- PnF •.134 IN WITNESS WHERI',OF, the parties hereto executed this amendment to the original Project Agreement dated December 19 19 79 , pertaining to the Sebastian City Dock development, on the day anti year first above written. EXFCUTIVF BOARD OF T11F DEPARTMENT OF NATUIiAL ItESOLIHCF:� Attest: BY: Elton J, Gissendanner • "'`- - Executive Director Its Agent for this Purpose THE COUNTY OF Indian River ri110K Attest: - Freda Wright, lerk Attest: Patrick B. LVns , Cha i r11,:1 !i Board of County Commi ss 10110 r Its Agent for this I'urpL):,(- THE CITY OF Sebastian Pat Flood, _Jr. Its Agent fOr this 1'u1•1)0:-�t• TAX__ANTICIPATION NOTES FOR INDIAN RIVER BLVD. - $300,000 THE BOARD NEXT DISCUSSED THE FOLLOWING MEMO: MEMORANDUM November 24, 1980 TO: Board of County Commissioners County Administrator FROM:Tommy Thomas RE: Tax Anticipation Notes for Indian River Blvd. $300,000.00 Certain preliminary bills relating to Indian River Blvd,, such as, preliminary soil testing, etc., must be paid. Permanent financing is not necessary until June - August, 1981. Request authority to issue tax anticipation notes in the amount of $300,000 in increments of $50,000 or _ $100,000. ,m INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT THIS TOPIC WILL COME UP AGAIN ON ITEM 7 TODAY, AND THAT THE ENGINEERS FEE AND THE LAND ACQUISITION HAD NOT BEEN INCLUDED IN THE ORIGINAL VALUE OF THE PROJECT. HE CONTINUED THAT BECAUSE OF THE CHANGE IN THE ENGINEERING AND THE REQUIREMENTS FOR THE DEPARTMENT OF ENVIRONMENTAL REGULATION, THEY HAVE ACCUMULATED ABOUT $40,000 IN ADDITIONAL ENGINEERING FEES. MR. THOMAS STATED THAT THEY DO NOT HAVE ANYTHING IN THE CURRENT BUDGET TO TAKE CARE OF THESE ITEMS AND THEY WERE RELUCTANT TO TAKE IIT OUT OF CONTINGENCY. HE ADDED THAT HE DOES HAVE A REPORT ON THE PRELIMINARY WORK ON THE METHODS OF FINANCING ON A PERMANENT BASIS, AS WELL AS ON ALL BOND ISSUES. MR. THOMAS FELT THAT $300,000 WOULD BE SUFFICIENT TO CARRY THEM UNTIL THEY NEED THE PERMANENT FINANCING, AND REQUESTED AUTHORITY TO ISSUE TAX ANTICIPATION NOTES. HE NOTED THE TWO REASONS FOR USING TAX ANTICIPATION NOTES ARE THAT THEY CAN BE DONE LOCALLY, AND IF BOND ANTICIPATION NOTES ARE USED, THEY MUST BE VALIDATED, WHICH IS EXPENSIVE AND TIME CONSUMING. DISCUSSION FOLLOWED ALONG THOSE LINES. MR. THOMAS EXPLAINED THAT THE TERM "ARBITRAGE" IS BEING ABLE TO BORROW MONEY AND IMMEDIATELY REINVESTING IT AT A HIGHER RATE, AND NORMALLY ONLY LOCAL GOVERNMENTS CAN DO THIS. CHAIRMAN LYONS COMMENTED THAT THE COUNTY WANTS TO BE SURE THEY HAVE PLENTY OF CASH ON HAND. MR, THOMAS STATED THERE WAS NO QUESTION THAT THIS PROCEDURE WOULD BE ACCEPTABLE TO THE INTERNAL REVENUE SERVICE. COMMISSIONER WODTKE EXPRESSED CONCERN OVER THE PROCEDURE AND PREFERED THE COUNTY DRAW DOWN IN INCREMENTS OF $50,000 AS NEEDED, BUT MR. THOMAS DID NOT AGREE WITH THAT METHOD. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM- MISSIONER BIRD, THAT THE BOARD AUTHORIZE INTERGOVERNMENTAL COORDINATOR THOMAS TO PROCEED WITH THE ISSUANCE OF TAX ANTICIPATION NOTES IN THE AMOUNT OF $300,000 IN INCREMENTS OF $50,000 OR $100,000. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. MR. THOMAS ADVISED THAT HE WOULD DISCUSS THE RATE OF INTEREST WITH THE BOARD AT A LATER DATE. DEC 31980 5 DEC 3 1980 BOOK 45 PAGE THE BOARD THEN REVIEWED THE FOLLOWING MEMORANDUM: November 24, 1980 To: Board of County Commissioners From: Chairman, Bid Committee Subject: Opening, recording and recommendations for IRC Bids #61, 62, 63, 64 1. A public meeting was held at 11:00 A.M., November 20, 1980 in the County Administrators office, 2345 14th Ave., Vero Beach, F1. This meeting was so advertised on October 21 and October 24, 1980 in the Vero Beach Press Journal. 2. The following were present: N. Nelson, Chairman H. McCormick, Member B. Schuster, Member T. Thomas, Member J. Flynn, Director of Material R. Hailey; Superintendent, Landfill E. Hamilton, Superintendent, R & B D. McBride, Kelly Tractor Co. J. Schlestz, Dewind Mach. Co. 3. The following recommendations are submitted: Bid #61 - Road Grader This item was let for a dual type bid, all companies were required to bid a total cash basis versus a total cost method. The Bid Committee recommends the Board award this bid to Kelly Tractor Co., using the "total" cost method. Bid 462 - 1981 14` Flat Bed Dump Truck. The Bid Committee only received one bid for this truck, therefore, it is recommended that this truck be re -bid and a larger geographical area within the State of Florida be used in order to find additional qualified bidders. Bid #63 - 1981 Refuse Container Truck The Bid Committee received no bids on this truck, therefore, it is recommended that this truck be re -bid and a larger geographical area within the State of Florida be used in order to find additional qualified bidders. Bid #64 - 40 Cubic Yard Heavy Duty Roll -Off Container The Bid Committee recommends this bid be awarded to the low bidder, Hesco Refuse Container, Inc. Bid #61 - 6 Bids sent out - 3 received. Bid #62 - 8 Bids sent out - 1 received. Bid X663 - 8 Bids sent out - none received. Bid 464 - 7 Bids sent out - 2 received. Neil A., Nelson 6 ADMINISTRATOR NELSON COMMENTED THAT FOR BID #61, IT WAS BID BOTH WAYS, THE TOTAL CASH BASIS AND THE TOTAL COST METHOD, AND THE BID COMMITTEE RECOMMENDED IT BE AWARDED TO KELLY TRACTOR CO, USING THE TOTAL COST METHOD. COMMISSIONER SCURLOCK STATED HE HAD PROBLEMS WITH THIS AND POINTED OUT THAT ANYTHING OVER $100 FOR REPAIR WORK WOULD HAVE TO BE APPROVED BY THE BIDDER. HE MENTIONED THAT THE COUNTY HAS A GARAGE WITH 15 EMPLOYEES THAT COULD DO THIS WORK INSTEAD OF CONTRACTING FOR THIS SERVICE FOR THE NEXT FIVE YEARS. DISCUSSION FOLLOWED ALONG THOSE LINES. CHAIRMAN LYONS COMMENTED THAT IT APPEARED TO HIM THAT THE BOARD WOULD LIKE TO SEE THIS ROAD GRADER GO BACK FOR REBID ON A STRAIGHT COST BASIS. COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT THE "DOWN TIME" OF EQUIPMENT THAT THEY.HAVE EXPERIENCED IN THE PAST, AND FELT THIS WAS AN IMPORTANT THING TO CONSIDER. ADMINISTRATOR NELSON EXPLAINED ABOUT THE WARRANTY OF THIS EQUIPMENT, AND THAT THE REPAIR AND MAINTENANCE IS REALLY SIGNIFICANT - THAT WAS THE REASON THE TOTAL COST METHOD HAS BEEN DEVELOPED. COMMISSIONER BIRD THOUGHT THE TOTAL COST BIDDING MORE OR LESS FIT IN WITH THE PHILOSOPHY A BUSINESS PERSON USES; AND THAT THE REPAIRS, DOWN TIME, AND AVAILABILITY OF';PARTS WERE IMPORTANT FACTORS IN THIS MATTER. HE ADDED THAT THE BOARD MUST EQUATE THE VALUE OF THE EQUIPMENT, AND CONSIDER IT AS AN ASSET TO THE COUNTY. COMMISSIONER WODTKE COMMENTED THAT ON A SOPHISTICATED PIECE OF EQUIPMENT, SUCH AS THIS ONE, IT WOULD TAKE A FACTORY REPRESENTATIVE TO FIX IT. HE ADVISED THEY ARE WORKING ON A PROGRAM CONCERNING MAINTENANCE OF LARGE EQUIPMENT. CHAIRMAN LYONS STATED HE WOULD HAVE GREAT DIFFICULTY IN VOTING YES FOR HAVING THE COMPANY DO THE $100 REPAIRS. DEC 31980 7 BOOK 45 PAGE -337 DEC 31980 wx 45 PAGF3 8 DALE MCBRIDE, REPRESENTATIVE OF KELLY TRACTOR COMPANY, APPROACHED THE BOARD AND DISCUSSED THE $100 FACTOR REGARDING REPAIRS OF THE EQUIPMENT. MORE DISCUSSION FOLLOWED CONCERNING THE TOTAL COST METHOD AS OPPOSED TO THE TOTAL CASH BASIS. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THAT THE BOARD REJECT THE BIDS, AND READVERTISE FOR THE TOTAL COST METHOD AND THE TOTAL CASH BASIS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH A VOTE OF 3 TO 2; COMMISSIONER BIRD AND COMMISSIONER WODTKE VOTING IN OPPOSITION. ADMINISTRATOR NELSON THEN REFERRED TO BID #62 FOR THE FLAT BED DUMP TRUCK AND STATED THAT ONLY ONE BID WAS RECEIVED. HE THEN RECOMMENDED THAT THIS BE REBID, AND A LARGER GEOGRAPHIC AREA WITHIN THE STATE BE USED TO FIND ADDITIONAL BIDDERS. COMMISSIONER WODTKE SUGGESTED THE BID BE MODIFIED TO REQUEST A 1980 OR 1981 MODEL, AND ADMINISTRATOR NELSON NOTED THIS COULD BE DONE. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AGREED TO REJECT BID #62, AND RE - ADVERTISE ON A LARGER GEOGRAPHICAL AREA. ADMINISTRATOR NELSON REFERRED TO BID #63 FOR A REFUSE CONTAINER TRUCK, AND RECOMMENDED THIS BE REBID, USING A LARGER GEOGRAPHICAL AREA IN THE STATE. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AGREED TO REJECT BID #63, AND RE - ADVERTISE ON A LARGER GEOGRAPHICAL AREA, ADMINISTRATOR NELSON REFERRED TO BID #64 FOR A HEAVY DUTY ROLL -OFF CONTAINER, AND RECOMMENDED THAT IT BE AWARDED TO THE LOWEST BIDDER, HESCO REFUSE CONTAINER, INC. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO AWARD BID #64 TO HESCO REFUSE CONTAINER, INC., AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $2,750. M -8 0- 0O3 c®* BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION c., 14w w A:, ,x BID NO. IRC 1+64 DATE OF OPENING November 20, 1980 BID TITLE 40 Cubic Yard Heavy -Duty Open, Roll Off Container ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. 40 Cubic Yard Heavy -Duty, 2875 00 2750 rOO't\ Open, Roll Off Container 1 each 2. Delivery: days 5-10 days 30 days after receipt of Purchase Order. , urtx a nr.n I i — 1 1 1 DEC 31980 sox 45 PA,E340 COMMUNITY DEVELOPMENT -.REQUEST FOR CONGRESSIONAL ASSISTANCE THE BOARD NEXT CONSIDERED THE FOLLOWING MEMORANDUM: M E M O R A N D U M TO: Ba rd of C un Commissioners FROM: Edward J. an, ounity Development Director DATE: November 25, 1980 RE: Request for Congressional Assistance on Community Development Block Grant Pre -application There is a need for Congressional assistance in assuring a suc- cessful review of our Community Development Block Grant Pre -applica- tion for FY '81. The Jacksonville office of the Department of Housing & Urban Development usually gets four times the requests for funds as there are funds available for non -entitlement communities under the "Small Cities Program." Indian River County has successfully closed out grants for three successive years, and has shown substantial determination, having sub- mitted Pre -applications for Fiscal Years '78, '79 and '80. In every instance, we were close to the threshold of funding, but were not invited to submit formal applications. Statistically, this should be our year for funding. However, our Field Representative, Wayne Burnette, has been transferred to Califor- nia, and the field staff of the Jacksonville offices of the Department of Housing & Urban Development is in the process of being realigned. Simultaneously, the leadership of the U.S. Department of Housing & Urban Development is in a transitory stage. We have been advised that Pre -applicants who will be invited to submit for funding will be chosen by December 15. We respectfully request that the Board of County Commissioners petition, by resolution, its Senators and Representative to inquire as to the progress of our Pre -application and, if necessary, the process by which decisions are made. COMMUNITY DEVELOPMENT DIRECTOR REGAN FURTHER EXPLAINED THAT IT MAY BE OF BENEFIT TO THE COUNTY IF OUR CONGRESSIONAL REPRESENTATIVES WOULD INQUIRE AS TO THE PROGRESS OF OUR APPLICATION. CHAIRMAN LYONS ASKED THE BACKGROUND OF THE COUNTY'S POSITION IN GETTING FUNDED OVER THE PAST THREE YEARS. MR. REGAN REPORTED THAT IN 1978, THE COUNTY RANKED 36TH, AND 7 APPLICATIONS WERE APPROVED; IN'1979 THERE WERE 106 APPLICATIONS, THE COUNTY CAME IN 12TH, AND 5 WERE APPROVED FOR FUNDING; AND IN 1980, THERE WERE 96 APPLICATIONS, THE COUNTY CAME IN 7TH, AND 4 WERE APPROVED FOR FUNDING. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THAT THE ATTORNEY PREPARE RESOLUTION 80-128, AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN, FOR CONGRESSIONAL ASSISTANCE ON THE COMMUNITY DEVELOPMENT BLOCK GRANT PRE -APPLICATION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. DEC 31980 10 BOOK 5 PACE -341' DEC 31980 .8©� RESOLUTION NO. 80-128 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA are requesting its Congressional and Senatorial Representatives to aid in the COUNTY'S Pre -Application for funds under the Community Development Block Grant Program; and WHEREAS, Indian River County has successfully closed out grants for three sucessive years and has shown substantial determination, having submitted Pre -applications for Fiscal Years 1978, 1979 and 1980; and WHEREAS, in each of the above mentioned Pre -applications, Indian River County was close to the threshold of funding but was not invited to submit formal applications; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board petitions its Senators and Representatives to inquire as to the progress of Indian River County's Pre -application; and BE IT FURTHER RESOLVED, that the Board respectfully requests that its Congressional and Senatorial Representatives inquire as to the process by which communities are selected under the "Small Cities Program", and determine whether Indian River County has the same criteria applied to its Pre -applications. Said Resolution shall become effective as of the 3rd day of December , 1980. BOARD O.F CUNTY COMMISSIONERS OF INDI R COUNTY, ORIDA By/ i Pfdtrick B. Lyons airma Attest: Freda Wright, C er FLORIDA LAND COMPANY REQUESTING ATTORNEY GENERALS OPINION ATTORNEY STEVE HENDERSON, REPRESENTING FLORIDA LAND COMPANY, CAME BEFORE THE BOARD AND REVIEWED THE APPLICATIONS IN QUESTION. HE CONTINUED THAT ON SEPTEMBER 17, 1980, FLORIDA LAND COMPANY PUT IN AN APPLICATION TO THE PLANNING DEPARTMENT FOR 672 UNITS, KNOWN AS RIVER BEND. ATTORNEY HENDERSON COMMENTED THAT AROUND OCTOBER 1ST, THEY PUT IN A SECOND APPLICATION FOR A PROJECT KNOWN AS BEACH COLONY, WHICH IS NEAR RIVER BEND, BUT SEPARATED BY ABOUT 1/4 OF A MILE. HE STATED THAT AT THAT TIME, A'QUESTION AROSE IN THE PLANNING DEPARTMENT WHETHER THIS WOULD BE IN THE REGION OF A DEVELOPMENT OF REGIONAL IMPACT; AND THE PLANNING DEPARTMENT STATED THEY WOULD NOT PROCESS THE APPLICATION WITHOUT A BINDING LETTER FROM THE STATE PLANNING AGENCY. FOLLOWING THAT, THE ATTORNEY CONTINUED THAT THE DEVELOPER WITHDREW THE BEACH COLONY PLAN, AND THEN ON OCTOBER 6TH, THE PLANNING DEPART- MENT INFORMED THEM THAT WHETHER IT WAS ONE PROJECT OR TWO PROJECTS, THEY WERE GOING TO REQUIRE A DRI BINDING LETTER AS A PREREQUISITE FOR THE SITE PLAN, EVEN THOUGH THE BEACH COLONY PROJECT HAD BEEN WITHDRAWN. ATTORNEY HENDERSON STATED THAT ON NOVEMBER 1OTH, THE MATTER WAS SUBMITTED TO THE BOARD OF ADJUSTMENT AND THEY UPHELD THE DECISION OF THE PLANNING DEPARTMENT. HE THEN PROCEEDED TO DISCUSS A FEW POSSIBILITIES THAT MIGHT MAKE THIS MATTER LESS TIME CONSUMING AND EXPENSIVE FOR THE DEVELOPER. ATTORNEY HENDERSON STATED THAT THE DEVELOPER ACTUALLY PLANNED HIS DEVELOPMENT TO FALL UNDER THE 750 UNITS THRESHOLD, AND THERE ARE 672 UNITS IN RIVER BEND. IT IS TRUE, HE ADDED, THAT THE DEVELOPER IS TRYING TO AVOID THE REVIEW AND BINDING LETTER PROCESS; THERE IS NOTHING WRONG WITH THAT, AS HE WANTS TO AVOID HAVING TO GET BUREAUCRATIC APPROVALS. ATTORNEY HENDERSON NOTED THAT THE DEVELOPER WAS READY TO SUBMIT ANY KIND OF IMPACT INFORMATION THAT MIGHT BE REQUESTED OF THEM, HOWEVER, WHEN THE REGIONAL PLANNING COUNCIL GETS INVOLVED, THEY MUST CONSIDER IMPACTS ON SURROUNDING COUNTIES, NOT JUST IN THE SURROUNDING AREA. HE NOTED THAT THIS PROJECT WAS NINE MILES FROM BREVARD COUNTY. DEC 31990 11 anoK 5 " NVIE 343 DEC 31990 aooK 5 PAGE 344 ATTORNEY HENDERSON RECOMMENDED THAT THE COUNTY PROCESS THE APPLICATION TO RIVER BEND, AND IF THE DEVELOPER WANTED TO PURSUE THE BEACH COLONY PROJECT, HE WOULD STOP DEVELOPMENT OF RIVER BEND AND GET A BINDING LETTER. HE THOUGHT THIS FIRST ALTERNATIVE WAS A REASONABLE APPROACH. ATTORNEY HENDERSON COMMENTED THAT THEY MUST APPEAL THIS MATTER TO THE CIRCUIT COURT BY DECEMBER 10TH. THE SECOND ALTERNATIVE THE ATTORNEY HAD IN MIND WAS FOR THE COUNTY TO OBTAIN A DECISION THROUGH THE ATTORNEY GENERAL'S OFFICE BECAUSE THEY, AS PRIVATE INDIVIDUALS, CANNOT MAKE THIS REQUEST, HE ADDED THAT THE DEVELOPER WOULD AGREE TO BE BOUND BY THE ATTORNEY GENERALS DECISION AND WOULD NOT PURSUE THE LITIGATION ANY FURTHER, HE SUMMARIZED THAT IF THE COUNTY CHOSE THE FIRST ALTERNATIVE, THE LAW SUIT WOULD NOT BE FILED. IF THE SECOND ALTERNATIVE WAS CHOSEN BY THE COUNTY, THEY WOULD FILE THE LAW SUIT BUT NOT PURSUE IT UNTIL THE ATTORNEY GENERALS OPINION WAS RECEIVED. ATTORNEY COLLINS ASKED ABOUT THE ZONING IN THAT AREA. PLANNING DIRECTOR ADVISED THAT RIVER BEND HAS R-2 ZONING, WHICH HAS 15 UNITS PER ACRE, AS WELL AS R -2B ZONING, WHICH HAS 8 UNITS PER ACRE. HE ADDED THAT BEACH COLONY IS ZONED R-2, WHICH HAS 15 UNITS PER ACRE. ATTORNEY COLLINS WONDERED, IF THE PROJECT WERE TO BE FILLED OUT TO ITS FULL DENSITY, WHAT WOULD BE THE NUMBER OF UNITS, ROUGHLY, FOR THE PROPERTY. ATTORNEY HENDERSON RESPONDED THAT IT WOULD BE APPROXIMATELY 1,020 UNITS. ATTORNEY COLLINS ADVISED THE BOARD THAT THE APPLICATION BEFORE THEM FOR RIVER BEND WAS JUST FOR 11. UNITS, BUT THEY REALLY DO NOT KNOW WHAT THE NUMBER OF UNITS WILL BE REQUESTED ON THE BALANCE OF THE PROPERTY. MR. REVER STATED HE WAS CONCERNED THAT THE DEVELOPER HAD INDICATED THE PROJECT WOULD HAVE 672 UNITS, BUT THIS_HAD NO BINDING EFFECT ON THAT PLAN, HE COMMENTED THAT THE PLAN NOTES THAT IT COULD BE UPGRADED TO ACCOMMODATE ZONING; AND THEY ARE ASKING FOR ONLY 11 UNITS RIGHT IN THE MIDDLE OF THE PROPERTY. 12 ATTORNEY COLLINS COMMENTED THAT THERE IS A SITE PLAN ON FILE FOR 11 UNITS, BUT THE POTENTIAL FOR DEVELOPMENT ON THE LAND FAR EXCEEDS THE THRESHOLD OF 750 UNITS; AND THE PLANNING DEPARTMENT HAS REPRESENTATIONS FROM THE DEVELOPER THAT HE IS GOING TO DEVELOP AT A DENSITY THAT IS LESS THAN THE THRESHOLD - BUT THERE ARE NO GUARANTEES OF THAT FACT. HE ADDED THAT MR. REVER IS CONCERNED THAT BY PROCESSING PART OF THE APPLICATION, HE, IN EFFECT, WOULD VEST THE ENTIRE PROJECT. THE ATTORNEY COMMENTED THAT MR. REVER HAS TAKEN THE POSITION THAT THERE IS THE POTENTIAL FOR DENSITIES IN EXCESS OF THE THRESHOLD, THEREFORE, A DRI SHOULD BE OBTAINED, BUT HE HAS ALSO SAID THAT THE DEVELOPER CAN AVOID OBTAINING THE DRI IF HE GETS. A BINDING LETTER FROM THE STATE SAYING THAT THE PROJECT IS NOT, IN FACT, A DRI. THAT SUMMARIZES WHAT THE COUNTY'S POSTURE IS, AND WHY THE PLANNING DEPARTMENT HAS TAKEN THE POSITION THAT IT HAS. CHAIRMAN LYONS REFERRED TO ITEM 11D SCHEDULED LATER IN THE DAY, AND HE STATED HE HAD A NUMBER OF SUGGESTIONS CONCERNING THE BARRIER ISLAND. HE ADDED THAT THIS MIGHT'GIVE THE DEVELOPER A POSITIVE SIGNAL SO THAT HE CAN PLAN ACCORDINGLY, AND THE CHAIRMAN WAS HOPEFUL THAT THE BOARD COULD COME UP WITH A SPECIFIC PLAN REGARDING THE DENSITY TODAY. COMMISSIONER FLETCHER INQUIRED IF FLORIDA LAND COMPANY, IN ANY OF THEIR DEVELOPMENTS, HAS EVER GONE THROUGH A DRI. ATTORNEY HENDERSON ADVISED THAT THEY DID FOR THE BENT PINE DEVELOPMENT IN 1973. DISCUSSION FOLLOWED ABOUT THE VARIOUS ALTERNATIVES PRESENTED TO THE BOARD. COMMISSIONER SCURLOCK COMMENTED THAT HE WAS NOT IN FAVOR OF SEEKING THE ATTORNEY GENERALS OPINION. CHAIRMAN LYONS ALSO COMMENTED THAT HE PLANNED TO VOTE AGAINST GETTING THIS OPINION. COMMISSIONER SCURLOCK INQUIRED IF FLORIDA LAND COMPANY OWNED THE BEACH COLONY AND RIVER BEND PROPERTY. ATTORNEY HENDERSON ADVISED THAT THEY HAVE OPTIONS ON THE PROPERTY; THE APPLICANT IS ACTING AS AN AGENT, DEC 31980 13 soak 45 PA*GE 345 DEC 3 19 80 81oaK 45 PACE 346 PLANNING DIRECTOR REVER REFERRED TO THE FIRST PROPOSAL GIVEN BY ATTORNEY HENDERSON WHERE HE MENTIONED BEACH COLONY, MR. REVER STATED HE WOULD LIKE, IF THIS IS TO BE CONSIDERED, THAT THE NAME BEACH COLONY IS NOT MENTIONED° HE SUGGESTED JUST SAYING "ANY OTHER DEVELOPMENT BY THIS DEVELOPER IN THE GENERAL AREA", BECAUSE THEY MATY. CHANGE THE NAME. ATTORNEY HENDERSON STATED THAT THIS WOULD BE AGREEABLE. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AGREED NOT TO REQUEST AN ATTORNEY GENERAL'S OPINION ON THIS PARTICULAR MATTER. DISCUSSION FOLLOWED ABOUT WHETHER OR NOT TO ACCEPT THE SECOND PROPOSAL OFFERED BY ATTORNEY HENDERSON, AND IT WAS DECIDED TO ADJOURN AND -CONTINUE THE DISCUSSION AFTER THE CITY COUNCIL HAS ITS MEETING. THE BOARD THEN ADJOURNED AT lO:OO O'CLOCK A.M. TO ALLOW THE CITY COUNCIL TO CONDUCT ITS MEETING. THE BOARD OF COUNTY COMMISSIONERS RESUMED THEIR MEETING AT 10:50 O'CLOCK A.M. WITH ALL MEMBERS PRESENT. CHAIRMAN LYONS STATED THE BOARD HAD TO DECIDE WHETHER OR NOT TO ACCEPT THE PROPOSAL OF FLORIDA LAND COMPANY TO LET THEM CONTINUE WITH ONE DEVELOPMENT, AND IF THE DEVELOPER WANTED TO PURSUE THE SECOND DEVELOPMENT, WOULD STOP AND OBTAIN A BINDING LETTER. ATTORNEY HENDERSON INTERJECTED THAT HE WOULD LIKE THE BOARD TO CONSIDER THAT PROPOSAL WITHDRAWN AT THIS TIME, UNTIL A DECISION IS REACHED THIS AFTERNOON FOR ITEM IID ON THE AGENDA, THE BOARD HAD NO OBJECTION. DISCUSSION ON INDIAN RIVER BLVD. EXTENSION NORTH TO BARBER AVE. THE BOARD NEXT DISCUSSED THE FOLLOWING MATERIAL: - ® November 24, 1980 _ MEMORANDUM TO: Board of County Commissioners FROM: Neil A. Nelson, County Administrator SUBJECT: Indian River Boulevard Extension North to Barber Avenue ENCL. Reynolds, Smith & Hill's letter of November 12, 1980, same subject. Enclosure #1 is a notification from Reynolds, Smith & Hill (RSH) that they have prepared the final design phase of the Indian River Boulevard Extension project in accordance with the criteria established at the workshop meeting of November 6, 1980. This letter was received too late to be placed on the agenda as a,regular item. The Board, at their meeting of November 19, 1980, denied a request to place this item on the agenda as an emergency. R.S. & H. was informed on November 19, 1980 not to proceed until the Board approved their intended action at the next scheduled meeting of the Board of County Commissioners. It is requested that R.S. & H. be authorized to proceed with the final design phase in accordance with Section 1.4 (attachment #1) to supplemental agreement #1. Nei Nelson County Administrator County Administrator Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Re: Indian River Boulevard Extension North to Barber Avenue AEP File 80724 Dear Mr. Nelson: On November 6, 1980, a workshop session with the County Commissioners, y E.S.E. - Tampa, R.S.&H. - Orlando, and your office was held to discuss the progress of the project and set design criteria prior to beginning the final design phase (Section 1.4, attachment number 1 to supplemental agreement number 1). This letter will serve as written authorization to proceed in accordance with Section._1.4-tinles.s_ our office receives written notice to the contrary within fie (5)' working days DEC 31990 . V 15 Book 4 J PAGE 347 1 RI=YNOLDS, SMITH AN HILLS NAL F..y W 1,._.,. ,,,L :,,,,,; V..;,,,,; . ARCHITECTS - ENGINEERS • PLANNERS L'1 F -!N told ALL 60`7 I N C O A P O R A t C L F i' C < •1,-t !1 A 10,j! a F,:.N .;CAL., .... . % .. November 12, 1980 Mr. Neil Nelson County Administrator Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Re: Indian River Boulevard Extension North to Barber Avenue AEP File 80724 Dear Mr. Nelson: On November 6, 1980, a workshop session with the County Commissioners, y E.S.E. - Tampa, R.S.&H. - Orlando, and your office was held to discuss the progress of the project and set design criteria prior to beginning the final design phase (Section 1.4, attachment number 1 to supplemental agreement number 1). This letter will serve as written authorization to proceed in accordance with Section._1.4-tinles.s_ our office receives written notice to the contrary within fie (5)' working days DEC 31990 . V 15 Book 4 J PAGE 347 r DEC 31980 During the workshop session, the proposed concepts were outlined and based upon the design will proceed in accordance with the Outline Specifications. Boa 45 PAGA48 roadway alignment and drainage resulting discussions, final attached Design Development E.S.&E. will again touch base with the agencies involved in order to receive comments concerning the proposed drainage box culverts and roadway crossdrains and any subsequent problems that may effect the permit application process. As part of the permit application, exhibits showing each of the proposed box culverts, roadway crossdrains and bridge, along with design data, must be submitted. For this reason, a timely resolution of the legal concern of tidal flushing to the East impounded areas due to the two proposed crossdrains (Station 374 + DO and 386 + 30)is ir,rperative. Enclosed you will find a print of the Drainage flap with the proposed drainage as outlined in the Design Development Outline Specifications. I trust that this will aid in your percepticn of the Project at this point in time. If we may be of any additional assistance, please give John Deamud or myself a call. Sincerely, REYNOLDS, SMITH AND HILLS Stephen L. Kincaid, P.E. Design Engineer DESIGN DEVELOPMENT OUTLINE SPECIFICATIO14S INDIAN RIVER BOULEVARD EXTENSION SITEWORK: Clear and grub to prepare the site for placement of the bridge and paved roadway. Strip area within limits of construction of all vegetation and trees and soils contain- ing roots to approximately six inches or more where requ i rf J. De -muck areas as required in accordance with the recocrurend,;- tions of the "Soils" Engineering Report. Compact arca and place necessary fill, compacting in layers, in the desitv,! elevations and achieve the specified density. DRAINAGE: Provide a bridge over the stain Canal consisting of a 1-i- foot span with a minimum 14 feet clearance ,above M.H.U. elevation of 2.215 feet. Provide a double 10' x 5' box culvert in the North Canal and a double 9' x 4' box cuivt't-t in the canal adjacent to Barber Avenue crossirly under Indian River Boulevard. In addition to the Bridge and L,C.\ culverts provide additional crossdrainage under the roadt.,.Y at Stations 365 4 00 (±), 375 + 00 (1) and 336 + 35 (f� The structures provide adequate conveyance area in the waterways for existing and future flow conditions to prevent flooding during design storm events. In additio,", tidal flushing is improved considerably to areas currentiv receiving little or no tidal flushing. Roadway pavement run-off will' b4� directed to the East and pi cl:ed up by parallel Swale ditches within the roadway right-of-wav and directed to nearest existing waterway. PAVING: The roadway shall be twenty-four (24) feet of pavement .:it.', a ten (10) feet stabilized shoulder each side. Side slore•, shall typically be 6:1 with variances as required to min kii:: right of way requirements. All paved areas shall be aspha:: concrete. Finished pavement shall be striped and required safety appurtenances will be provided in accordance with current County and State design criteria. RE71W 11/12/80 ADMINISTRATOR NELSON STATED HE HAS ASKED REYNOLDS, SMITH AND HILLS TO CONSIDER PUTTING IN A CULVERT AT THE EAST END OF GOLFVIEW DRIVE WHICH WOULD REACH INDIAN RIVER BLVD. AT THAT POINT. HE ADDED THAT RFYNOLDS, SMITH AND HILLS MUST CONSIDER NOT ONLY GETTING WATER OUT OF GOLFVIEW DRIVE BETTERJBUT TO INSURE THAT THE COUNTY DOES NOT HAVE A FLOODING SITUATION COMING IN FROM THE EAST INTO GOLFVIEW DRIVE. ADMINISTRATOR NELSON FELT THEY HAD THE RIGHT PEOPLE WORKING ON THIS PROBLEM AND HE EXPECTED TO HAVE SOME ANSWERS BACK IN A WEEK. HE ADDED THAT THEY HAVE NO OBJECTIONS TO PUTTING THIS CULVERT IN. COMMISSIONER SCURLOCK ASKED IF THE BOARD'S APPROVAL WOULD INCLUDE PREPARATION OF FINAL PLANS WITH THE INCLUSION OF THE NECESSARY INFORMATION ON THIS PARTICULAR CULVERT. ADMINISTRATOR NELSON REPLIED AFFIRMATIVELY, AND THAT THEY ARE WORKING ON THAT MATTER RIGHT NOW. HE ADDED THAT THEY ARE LOOKING FOR A FINAL DESIGN PHASE THAT WOULD BE INCORPORATED, OR NOT, DEPENDING ON THE IMPACT IT HAS ON THE WHOLE AREA. ADMINISTRATOR NELSON RE- ITERATED THAT THEY ARE CONSIDERING THE FEASIBILITY OF PUTTING A CULVERT IN AND WHETHER IT IS DECIDED TO PUT IT IN THE FINAL DESIGN PHASE OR NOT REALLY DEPENDS ON A NUMBER OF FACTORS, AND THEY DON `T HAVE THOSE FACTORS RIGHT NOW BUT SHOULD WITHIN A WEEK OR SO. CHAIRMAN LYONS ASKED IF A REPRESENTATIVE FROM REYNOLDS, SMITH AND HILLS WAS PRESENT, AND THE ADMINISTRATOR RESPONDED NEGATIVELY. CHAIRMAN LYONS REVIEWED,STATING THAT THE PROVISION OF THE CULVERT AT THE END OF GOLFVIEW DRIVE WILL RECEIVE CONSIDERATION FOR INCORPORATION IN THE FINAL PLAN, AND THAT THE FINAL PLANS WILL BE COMING BACK TO THE BOARD FOR APPROVAL. THE CHAIRMAN POINTED OUT THAT. EVERYTHING HE HAS SEEN CONCERNING THE DRAINAGE PROPOSED IN THE VICINITY OF COUNTRY CLUB POINTE IS GOING TO IMPROVE THE DRAINAGE INSTEAD OF MAKING IT WORSE - HE HAS NOTHING THAT INDICATES ANYTHING EXCEPT AN IMPROVEMENT. COMMISSIONER BIRD ASKED THE ADMINISTRATOR WHAT HE WAS REQUESTING FROM THE BOARD TODAY. DEC 31980 17 eoo PAvE 3449 DEC 31980 BQox 45 F%"F ,35® ADMINISTRATOR NELSON COMMENTED THAT HE IS ASKING FOR THE BOARDS AUTHORIZATION FOR REYNOLDS, SMITH AND HILLS TO PROCEED WITH THE FINAL DESIGN PHASE. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER BIRD�THAT THE BOARD AUTHORIZE REYNOLDS, SMITH AND HILLS TO PROCEED WITH THE FINAL DESIGN PHASE OF INDIAN RIVER BLVD. COMMISSIONER SCURLOCK INQUIRED IF THE MOTION INCLUDES THE STUDY AND FEASIBILITY OF THE CULVERT JUST DISCUSSED. COMMISSIONER WODTKE STATED THAT HE ASSUMED THEY WERE GOING TO STUDY THIS MATTER. ADMINISTRATOR NELSON EXPLAINED THAT IT WOULD BE ONE OF THE CULVERTS STUDIED - RIGHT NOW THERE ARE SIX CULVERTS OR BRIDGES THAT ARE SET UP ON INDIAN RIVER BLVD. HE CONTINUED THAT THIS WOULD BE THE SEVENTH CULVERT, OR PERHAPS ONE OF THE OTHER CULVERTS WOULD BE MOVED - IT IS INCLUDED IN THE FINAL DESIGN. ANN ROBINSON, PRESIDENT OF THE COUNTRY CLUB POINTE PROPERTY OWNERS ASSOCIATION, APPROACHED THE BOARD STATING THAT THEIR ASSOCIATION WOULD LIKE VERY MUCH TO HAVE A CULVERT AT THIS LOCATION. COMMISSIONER BIRD DID NOT THINK IT WAS NECESSARY TO DISCUSS IT THIS MORNING, AS THEY HAVE ALREADY AGREED THE ENGINEERS WOULD ADD IT TO THEIR STUDY. MRS. ROBINSON COMMENTED THAT THE RESIDENTS THERE WERE MORE CONCERNED ABOUT THE WATER COMING IN FROM THE WEST, AS IT COULD NOT FLOW EAST OUT OF THE CANAL, SHE ADDED THEY WOULD LIKE TO SEE THE CULVERT UNDERNEATH INDIAN RIVER BLVD, TO TAKE CARE OF THIS SITUATION. CHAIRMAN LYONS STATED THAT THIS CULVERT SPECIFICALLY WOULD BE TAKEN INTO CONSIDERATION - NOTHING WILL BE CONSTRUCTED UNTIL AFTER THE FINAL DESIGN COMES BACK. COMMISSIONER BIRD STATED THAT HE DID NOT THINK THE BOARD SHOULD HEAR THIS MATTER TWICE, AS THE ENGINEERS WILL BE COMING BACK TO DISCUSS IT LATER. 18 _I ADMINISTRATOR NELSON AGREED THAT WITHIN A WEEK THE ENGINEERS WILL BE BACK TO DISCUSS THIS PARTICULAR ITEM, AND MRS, ROBINSON AND THE OTHER RESIDENTS OF COUNTRY CLUB POINTE COULD BE PRESENT AT THAT TIME FOR THEIR INPUT, ATTORNEY RICHARD P, BOGOSIAN, INTERESTED CITIZEN, APPROACHED THE BOARD AND COMMENTED THAT HE DID NOT THINK IT WOULD BE NECESSARY TO MAKE A PRESENTATION AT THIS TIME, SINCE THEY WILL BE ABLE TO HAVE INPUT TO THE ENGINEERS AT A LATER DATE, HE THEN ASKED THE RESIDENTS OF COUNTRY CLUB POINTE TO STAND SO THE BOARD WOULD BE AWARE OF THEIR CONCERN IN THIS MATTER, ATTORNEY BOGOSIAN STATED THAT THEY HAVE ALWAYS BEEN SOMEWHAT DISENCHANTED WITH THE WAY THE ENGINEERS HAVE HANDLED THE DRAINAGE PROBLEM IN THE PAST, COMMISSIONER WODTKE EXPLAINED THAT, IN HIS OPINION, THAT AREA IS "OVER-CULVERTED", OR OVER -DESIGNED, HE ADDED THAT WHEN WE DO GET A THOROUGH DRAINAGE SYSTEM IN THAT AREA, THEY WOULD PROBABLY END UP WITH A LOT LESS CULVERTS THAN ARE ALREADY IN THERE,. COMMISSIONER WODTKE COMMENTED THAT IF THE WHOLE LENGTH OF THAT ROAD WAS BUILT ON PILINGS, THAT AREA WOULD STILL HAVE WATER PROBLEMS, THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED BY A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION, THE BOARD THEN RECESSED AND RECONVENED AS THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT AT 111:05 O'CLOCK A.M. MINUTES OF THAT MEETING WILL BE PREPARED SEPARATELY, THE BOARD THEN RECONVENED AS THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT AT 11.:26 O'CL09K A.M. MINUTES OF THAT MEETING WILL BE PREPARED SEPARATELY. THE BOARD OF COUNTY COMMISSIONERS THEN RECONVENED AT 11:45 O'CLOCK A.M. WITH THE SAME MEMBERS PRESENT. 19 DEC 31980 Box 45 PACEj5l DEC 31900 MON 45 PAGE,152 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED BONDS FOR THE CONSTITUTIONAL OFFICERS AS FOLLOWS: FREDA WRIGHT, ROSEMARY RICHEY, GENE E. MORRIS, R. T. "TIM" DOBECK, AND DAVID C. NOLTE. COPIES OF THE BONDS MENTIONED ABOVE WILL BE ON FILE IN THE OFFICE OF THE CLERK. BARRIER ISLAND STUDY - PROPOSAL FROM TREASURE COAST REGIONAL PLANNING COUNCIL COMMISSIONER LYONS COMMENTED THAT THIS STUDY NEEDED TO BE AUTHORIZED TODAY BECAUSE IT COULD BE FUNDED BY THE STATE, AND THAT TIME LIMIT EXPIRES PRIOR TO THE NEXT MEETING. PLANNING DIRECTOR REVER ADVISED THE BOARD THAT THE CONTRACT FOR THE BARRIER ISLAND STUDY WAS,RECEIVED YESTERDAY - IT IS SIMILAR TO THE CONTRACT THE COUNTY HAS WITH THE SPOIL ISLANDS. HE REQUESTED THAT THE BOARD CONSIDER AUTHORIZING THE PLANNING DIRECTOR AS AGENT OF THE COUNTY, BECAUSE OF THE TIME CONSTRAINT IN GETTING THIS STUDY DONE. DISCUSSION FOLLOWED ALONG THOSE LINES, AND ATTORNEY COLLINS SUGGESTED THIS AUTHORIZATION OF THE PLANNING DIRECTOR AS AGENT OF THE COUNTY COULD BE MADE PART OF THE CONTRACT. PLANNING DIRECTOR REVER THEN ASKED THE BOARD TO REFER TO PAGE 2 REGARDING INVENTORIES, AND SUGGESTED A REFERENCE BE INCLUDED THERE TO THE COMPREHENSIVE PLAN AND THE 201 PLAN,WHICH ARE PENDING, WHEREVER THEY. APPLY . DISCUSSION FOLLOWED ABOUT THE CONTRACT JUST RECEIVED, AND THE BOARD DECIDED TO READ IT DURING LUNCH AND DISCUSS IT AGAIN AT 1;45 O'CLOCK P.M. TODAY. 20 ►� .► ��� 1 COMMISSIONER WODTKE APOLOGIZED TO THE PEOPLE IN THE AUDIENCE FROM THE VISTA HARBOR AREA REGARDING THE INDIAN RIVER BLVD. EXTENSION DISCUSSION HELD EARLIER. HE THEN ASKED IF THEY HAD ANY SPECIFIC COMMENTS THEY WISHED TO MAKE ON THE SUBJECT. MR. KOPPLEMAN, OF VISTA HARBOR, APPROACHED THE BOARD AND STATED HE HAS NO OBJECTION TO ANYTHING, JUST INTERESTED IN KNOWING WHAT THE ELEVATION OF THE BRIDGE, AND THE APPROACH WOULD BE. ADMINISTRATOR NELSON STATED MR. KOPPLEMAN HAD BEEN CONTACTED AND THE ADMINISTRATOR THOUGHT HIS QUESTIONS HAD ALL BEEN ANSWERED AT THAT TIME. COMMISSIONER WODTKE STATED THAT HE DID MEET WITH THE VISTA HARBOR PROPERTY OWNERS ASSOCIATION AND GAVE THEM A SKETCH OF THE AREA, SHOWING THE ELEVATIONS, ETC, MR. KOPPLEMAN THEN THANKED THE BOARD FOR THEIR CONSIDERATION IN THE MATTER. DEC 31980 21 8OOK 5 -PA-F.353 DEC 3 1980 aooK 45 . PArE 354 THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER FROM DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF THE MEETING. PROPOSAL BY TREASURE COAST REGIONAL PLANNING COUNCIL RE BARRIER ISLAND STUDY (CONTINUED FROM MORNING SESSION) COMMISSIONER BIRD ALLUDED TO THE PROPOSED AGREEMENT, WHICH HE HAD REVIEWED DURING THE LUNCH HOUR, AND ASKED THAT MR. SHANNON CLARIFY A POINT IN REGARD TO HOW THEY WOULD GO ABOUT LOOKING DOWN THE ROAD AT WHICH FACILITIES AND UTILITIES MIGHT BE AVAILABLE IN THE FUTURE. MR. SHANNON STATED IT WAS HIS UNDERSTANDING FROM THE LAST MEETING THAT THEY WOULD ONLY LOOK AT FUTURE POTENTIAL PUBLIC SERVICE DELIVERY TO THE EXTENT THAT IT WAS CURRENTLY ADOPTED IN SOME KIND OF OFFICIAL POLICY POSITION, I.E., THE 201 PLAN. COMMISSIONER WODTKE ASKED IN REGARD TO WATER WHETHER THE ABILITY OF DEVELOPMENTS TO PUT IN THEIR OWN PLANTS WOULD BE CONSIDERED. MR. SHANNON STATED THEY WOULD CONSIDER A COMBINATION OF THINGS - THE AGREEMENTS BETWEEN THE COUNTY, THE CITY OF VERO BEACH, THE TOWN OF INDIAN RIVER SHORES, AND THE PRACTICALITY OF DELIVERING WATER. THEY ALSO .WOULD HAVE TO ESTABLISH WHETHER THERE HAS BEEN A POLICY OR IF ANY IS BEING CONSIDERED, AND IF NOT, THEY WOULD HAVE TO LOOK AND SEE WHAT KIND OF DEVELOPMENT COULD OCCUR WITHOUT EXPANSION OF PUBLIC FACILITIES. HE CONTINUED THAT THE INTENT WAS NOT TO GO OUT AND SAY THAT THE ISLAND PHYSICALLY COULD HANDLE "X" AMOUNT OF DEVELOPMENT, BUT IT WAS HIS UNDERSTANDING, AND THIS WAS THE SCOPE THAT WAS PREPARED, THAT THEY WOULD DETERMINE, TAKING INTO CONSIDERA- TION EXISTING COMMITMENTS AND EXISTING IMPROVEMENTS, WHAT KIND OF CONSTRAINT SHOULD BE PUT ON THE ISLAND RELATED TO FUTURE DEVELOPMENT UNTIL PUBLIC POLICY CHANGES, I.E., A NEW BRIDGE IS BUILT, THE HIGHWAY IS FOUR-LANED, ETC. COMMISSIONER SCURLOCK STATED THAT, IN OTHER WORDS, IF THE COUNTY COMMISSION DECIDED TO PUSH FORWARD THE IMPLEMENTATION OF A PRODUCTION AND DELIVERY SYSTEM FOR WATER, THEN THERE WOULD BE A NEW 22 SET OF FACTS, NEW PARAMETERS DRAWN, NEW DENSITIES DEVELOPED, ETC., AND IT WOULD BE THE SAME WITH WASTE WATER, COMMISSIONER FLETCHER NOTED THAT WOULD REQUIRE A NEW CONTRACT AND A NEW STUDY, AND MR. SHANNON AGREED THEY WOULD HAVE TO UPDATE THEIR AGREEMENT IN THAT EVENT. CHAIRMAN LYONS COMMENTED THAT THIS STUDY IS REALLY A SUPPLEMENT TO OUR - PLANNING AT THE PRESENT TIME. HE FELT WE HAVE GOTTEN DOWN TO A SITUATION WHERE WE HAVE A PEAK LOAD AND WE WANT TO FOCUS ON THIS PARTICULAR AREA WITH SOME MORE EXPERTISE. COMMISSIONER FLETCHER NOTED THAT AT THE LAST COMMISSION MEETING WE HAD AN ALTERNATE CHOICE BETWEEN A $12,000 STUDY AND A $43,000 STUDY AND ASKED MR. SHANNON WHAT WE ARE MISSING BY NOT PAYING THE ADDITIONAL $31,000. MR. SHANNON EXPLAINED THAT THE INTENT OF THE LARGER STUDY WOULD HAVE BEEN TO DO A COMPLETE COMPREHENSIVE STUDY AS TO HOW ALL FUTURE LAND USES SHOULD BE DISTRIBUTED ON THE ISLAND, HOW THIS FITS INTO THE POLICE SYSTEM, FIRE SYSTEM, ETC., THE KIND OF INTERGOVERN- MENTAL RELATIONSHIP YOU WOULD HAVE WITH THE CITIES ON THE ISLAND - A SERIES OF THINGS. THE SMALLER STUDY WOULD FOCUS MAINLY ON THE THREE BIG CONSTRAINTS RELATED TO PUBLIC SERVICE DELIVERY - THE TRANSPORTATION SYSTEM, WATER AND SEWER, AND AREA EMERGENCY EVACUATION. COMMISSIONER SCURLOCK INQUIRED IF THEY WERE INTENDING TO LOOK AT ALL AT THE 16" WATER LINE THAT IS PRESENTLY ACROSS THE RIVER, HE STATED THAT WHILE HE REALIZED IT DOESN'T BELONG TO THE COUNTY, IT IS THERE AND THERE IS A 1-1/2 MILLION GALLON CAPACITY, AND HE FELT WE SHOULD LOOK AT IT. MR. SHANNON NOTED THAT IT IS NOT REALLY PRACTICAL TO LOOK AT THE ISLAND IN LITTLE PIECES, AND HE DID NOT KNOW IF THE MUNICI- PALITIES WISH TO PARTICIPATE I -N THIS STUDY OR NOT. CHAIRMAN LYONS STATED THAT HE HAS WRITTEN BOTH THE TOWN OF INDIAN RIVER SHORES AND THE CITY OF VERO BEACH TO SEE IF THEY MIGHT WANT TO JOIN IN THIS TO GET THE LARGER STUDY, BUT HE DID NOT THINK THERE HAS BEEN TIME FOR A REPLY. HE BELIEVED INDIAN RIVER SHORES HAS INDICATED THERE WAS A GOOD POSSIBILITY THEY WOULD HAVE SOME PARTICIPATION. DEC 31980 23 Boon 45 PACE M5. L- ..-- -- DEC ' 31980 SOK 45 ,PAcF X5.6 COMMISSIONER FLETCHER ASKED IF OUR ACTING ON THIS AGREE- MENT WITHOUT THEIR INPUT IS NOT A LITTLE PREMATURE. CHAIRMAN LYONS DID NOT FEEL THAT IT WAS. HE NOTED THAT WE HAVE A PROBLEM; WE PROBABLY HAVE SUFFICIENT HERE TO HELP US WITH SOLVING OUR PROBLEM; AND IF THE OTHERS WANT TO COME IN, IT WOULD BE COORDINATED THROUGH THE REGIONAL PLANNING COUNCIL. COMMISSIONER BIRD AGREED THAT WE DONT WANT TO UPSET OUR TIME SCHEDULE. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, TO APPROVE A CONTRACT FOR PROFESSIONAL CONSUL- TING SERVICES BETWEEN TREASURE COAST REGIONAL PLANNING COUNCIL AND THE COUNTY WITH MODIFICATIONS AS FOLLOWS: PAGE 41 10 A - INSERT "WRITTEN CONSENT OF THE PLANNING DIRECTOR." PAGE 2 OF EXHIBIT A -INCLUDE AN APPROPRIATE LINE TO BE DRAFTED BY THE COUNTY ATTORNEY TO MAKE REFERENCE TO THE 201 FACILITIES PLAN AND ALSO THE COMPREHENSIVE PLAN. CHAIRMAN LYONS ASKED ABOUT FUNDING. PLANNING DIRECTOR REVER REPORTED THAT THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT GRANT IS A $20,000 GRANT, AND WE HAVE PREVIOUSLY DISCUSSED SPLITTING THAT SUM UP WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR THIS STUDY AND FOR HAVING OUR PRESENT CONSULTANT EXTEND HIS CONTRACT TO ALLOW OUR COUNTY STAFF TO GIVE SOME TIME TO SEBASTIAN AND FELLSMERE TO FINISH UP THEIR PLANS. THE TOTAL COST OF BOTH OF THESE ITEMS WOULD BE APPROXIMATELY $24,500. MR. REVER CONTINUED THAT THE PLANNING DEPARTMENT BUDGET CONTAINS $10,000 FOR OUTSIDE CONTRACTUAL SERVICES, AND THIS HAS NOT BEEN UTILIZED TOTALLY IN THE LAST YEAR; S0, WE COULD TAKE THE ADDITIONAL $4,500 NECESSARY TO COVER ALL EXPENSES OF THE TWO ITEMS OUT OF THAT PART OF THE PLANNING DEPARTMENT BUDGET. HE, THEREFORE, RECOMMENDED THAT THE FUNDS BE TAKEN BOTH FROM HIS BUDGET AND THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT GRANT. COMMISSIONER SCURLOCK AGREED THAT HE WOULD MODIFY HIS MOTION TO INCLUDE THE SUGGESTING FUNDING, AND COMMISSIONER WODTKE CONCURRED. COMMISSIONER BIRD NOTED THAT HE DID NOT GET A CLEAR ANSWER ABOUT WHETHER THEY WERE GOING TO CONSIDER THE WATER LINE MENTIONED BY COMMISSIONER SCURLOCK. _ ,- �4 MR. SHANNON STATED THAT THEY WOULD CONSIDER ALL THE PLANS RELATED TO THE CITY OF VERO BEACH, TOWN OF INDIAN RIVER SHORES, ETC., AND IF THOSE PLANS AREN`T GOING TO USE UP THE CAPABILITY OF THAT LINE, THEN THAT WOULD BE A LESSENING OF THE CONSTRAINT. COMMISSIONER SCURLOCK FELT IT WOULD BE APPROPRIATE FOR THE COUNTY COMMISSION TO ENTER INTO SOME DIALOGUE TO SEE WHAT THE FUTURE HOLDS FOR THAT LINE. CHAIRMAN LYONS BELIEVED HE COULD SAY THAT OUR DOOR IS OPEN BUT HE WOULD PUT UP A COUPLE OF RED FLAGS - THERE ARE NO FRANCHISES THAT HE KNOWS OF FOR THE USE OF THAT WATER, AND SECONDLY, THERE IS A POSSIBILITY THERE WERE SOME CONSTRAINTS INVOLVED IN CONNECTION WITH EITHER THE DER OR ST. JOHNS RIVER MATER MANAGEMENT IN CONNECTION WITH DRAWDOWN. COMMISSIONER SCURLOCK REITERATED THAT HE JUST FELT IT WOULD BE WISE TO TOUCH BASE AND SEE WHAT FUTURE PLANS MAY HOLD. COMMISSIONER WODTKE INQUIRED ABOUT THE WORDING ON THE SECOND CHANGE, WHICH WAS IN EXHIBIT A, AND PLANNING DIRECTOR REVER SUGGESTED THAT THE WORDING BE AMENDED TO INCLUDE THE 201 FACILITY PLAN AND THE COMPREHENSIVE PLAN, BOTH OF WHICH ARE STILL IN THE DEVELOPMENT STAGES, BUT THE INFORMATION AVAILABLE THERE CAN BE UTILIZED TO BETTER ADDRESS THE WATER AND SEWER. ATTORNEY COLLINS RECOMMENDED THAT A NEW SENTENCE BE ADDED AFTER "ISLAND" - "THE 201 FACILITIES PLAN AND THE PROPOSED COMPRE- HENSIVE LAND USE PLAN SHALL BE TAKEN INTO CONSIDERATION." COMMISSIONER WODTKE CONTINUED TO DISCUSS THE PROVISION ABOUT LIMITING THE STUDY TO EXISTING FACILITIES OR ONES THAT ARE CURRENTLY COMMITTED TO THROUGH A SPECIFIC POLICY POSITION, AND IN- QUIRED HOW THEY WOULD LOOK AT DEVELOPMENT OF A PIECE OF LAND WITH A REVERSE OSMOSIS SYSTEM AS A POSSIBILITY. MR. SHANNON POINTED OUT THAT IS NOT PUBLIC POLICY, AND IT WAS THEIR UNDERSTANDING THAT THEY WERE TO GO WITH WHAT HAS BEEN COMMITTED TO. IN REGARD TO THE REVERSE OSMOSIS SITUATION, HE STATED THEY WOULD HAVE TO LOOK AT WHAT APPEARS TO BE FEASIBLE IN THE REALM OF RO THESE DAYS AND TO INDICATE TO THE COMMISSION THROUGH THEIR DEC 31980 25 Boa 45PA1G,e357 I DEC 31980 ttom .45 Far,F 35$ REPORT THAT CERTAIN DEVELOPMENTS ARE THE ONLY ONES THAT SHOULD BE CONSIDERED FOR THIS AREA ON AN RO SYSTEM. THIS WOULD BE ANOTHER CONSTRAINT. COMMISSIONER WODTKE THEN BROUGHT UP THE BOARD'S POLICY REGARDING WATER AND SEWER FRANCHISES AND EXPRESSED CONCERN ABOUT THE FLEXIBILITY OF THE CONTRACT IN THIS REGARD, HIS PROBLEM WAS WHERE THEY MAKE THE ASSUMPTION THERE IS NOT A SOURCE OF WATER FOR THE BARRIER ISLAND NOW AND WHETHER WE WANT TO LIMIT THE STUDY TO EXISTING AGREEMENTS AND CONTRACTS. MR. SHANNON STATED THAT THEY WERE JUST TRYING TO LIMIT IT; HE DID NOT FEEL THE BOARD WANTED THEM TO COME BACK AND SAY THE AREA COULD BE DEVELOPED, FOR INSTANCE, IF A NEW BRIDGE OR FOUR -LANE HIGHWAY WERE PUT IN. CHAIRMAN LYONS.STATED THAT HE READ THE CONTRACT AS SAYING THEY WILL TAKE INTO ACCOUNT THE THINGS PROPOSED AND THAT ARE EXISTING NOW, BUT DID NOT FEEL THAT NECESSARILY COMPOSES THE LIMITING FACTORS, COMMISSIONER WODTKE CONTINUED TO DISCUSS THE PHRASE "WILL BE LIMITED TO EXISTING FACILITIES," AND COMMISSIONER SCURLOCK FELT "PRESENT POLICY" IS THE KEY. MR. SHANNON NOTED THAT IF THERE IS A POLICY THAT THE BOARD WILL NOT ALLOW ANY MORE PACKAGE TREATMENT PLANTS, THEY WOULD TAKE THAT INTO CONSIDERATION. IF THE POLICY IS THAT PACKAGE TREATMENT PLANTS ARE ALLOWED UNDER CERTAIN CONDITIONS AND THOSE CONDITIONS CAN BE MET IN A DEVELOPMENT, THAT WOULD NOT BE INTERPRETED AS A CONSTRAINING FACTOR. COMMISSIONER SCURLOCK FELT MR. SHANNON IS SAYING THEY ARE GOING TO DO A STUDY OF WHAT IS REASONABLE TO EXPECT IN THE IMMEDIATE FUTURE, AND OBVIOUSLY AS WE MAKE CHANGES, THEY WILL HAVE TO RE- EVALUATE THE SITUATION AND MAKE CHANGES. THE CHAIRMAN CALLED FOR THE QUESTION TO APPROVE A CONTRACT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN TREASURE COAST REGIONAL PLANNING COUNCIL AND THE COUNTY WITH MODIFICATIONS AS PREVIOUSLY STATED, AND TO BE FUNDED FROM THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT GRANT AND THE PLANNING DEPARTMENT BUDGET AS DISCUSSED. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. SAID AGREEMENT IN REGARD TO THE BARRIER ISLAND STUDY WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN RECEIVED. ORIENTATION MEETING FOR NEW MEMBERS OF REGIONAL PLANNING COUNCIL MR. SHANNON ANNOUNCED THAT NEXT MONDAY THE PLANNING COUNCIL STAFF WILL BE CONDUCTING AN ORIENTATION WORKSHOP. HE NOTED THAT INVITATIONS HAD BEEN SENT TO THE NEW PERMANENT MEMBERS, AND THE ALTERNATES ALSO ARE WELCOME. CHAIRMAN LYONS REQUESTED THAT MR. SHANNON BE SURE TO SET UP A FORMAL ARRANGEMENT TO HAVE ALL THE ALTERNATES ATTEND BECAUSE HE FELT IT IS VERY IMPORTANT THAT THEY TOTALLY UNDERSTAND WHAT IS GOING ON. PERMISSION TO DISCUSS PLANS FOR THE EXISTING 16" WATER LINE COMMISSIONER SCURLOCK STATED THAT HE WOULD LIKE TO HAVE THE BOARD'S PERMISSION TO TALK WITH THE INDIVIDUALS INVOLVED WITH THE SUBJECT WATER LINE, IF THE BOARD THINKS THIS IS APPROPRIATE. CHAIRMAN LYONS ASKED THE COMMISSION WHETHER THEY FELT IT IS SATISFACTORY FOR MR. SCURLOCK TO APPROACH THE PEOPLE WHO HAVE THE 167 LINE AND FIND OUT WHAT THEIR INTENTIONS ARE. COMMISSIONER BIRD STATED THAT HE WOULD HAVE NO OBJECTION AS LONG AS COMMISSIONER SCURLOCK IS NOT ACTING AS AN OFFICIAL EMISSARY OF THE BOARD, NO OBJECTIONS WERE RAISED. HAZARDOUS CONDITIONS AT 20TH AVENUE AND 16TH STREET THE BOARD REVIEWED THE FOLLOWING MEMO FROM ADMINISTRATOR NELSON MAKING RECOMMENDATIONS REGARDING IMPROVEMENTS AT 20TH AVENUE AND 16TH STREET AS REQUESTED BY SCHOOL SUPERINTENDENT BURNS: DEC 31980 Banc PAU 27 g 59 DEC 31990 MEMORANDUM TO: FROM: SUBJECT: aoaK 45PAGE 060 November 21, 1980 Board of County Commissioners County Administrator 20th Avenue & 16th Street Improvements ENCLOSURES: #1 - School Superintendent Burns' Letter Dated 9-23-80 Identifying Safety Hazard at 16th Street & 20th Avenue #2 - Board's Action to alleviate Hazardous Conditions #3 - Cost Estimate for Bridge Construction #4 - Asst. Administrator's Memo of 11-21-80 Enclosure 1 identifies a safety hazard at 16th Street and 20th Avenue. Enclosure 2 was action the County took to alleviate the condition. The condition could be better improved if a walk bridge is constructed at the south side of 16th spanning the canal. This would provide a link up with the bike path in that area. The cost of the bridge is estimated at $3,434.26. See Enclosure 3. In addition to this bridge, a pedestrian sidewalk needs to be constructed on the north side of 16th from 20th Avenue to the bike path. The cost of this addition is esitmated to be $3,150.00. See Enclosure 4. It is recommended that: 1. A walk bridge be constructed spanning the canal on the south side of 16th Street & 20th Avenue. 2. A sidewalk be constructed on the north and south side of 16th Street. 3. $6,584.26 be allocated from MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, TO ACCEPT THE ABOVE RECOMMENDATIONS OF THE COUNTY ADMINISTRATOR. COMMISSIONER SCURLOCK FELT THIS IS A GOOD PROPOSAL, BUT SUGGESTED WE TOUCH BASE WITH DR. BURNS AND THE CITY OF VERO BEACH TO MAKE SURE THIS IS AGREEABLE TO THEM. ADMINISTRATOR NELSON REPORTED THAT DR. BURNS WAS DELIGHTED WITH THE RECOMMENDATION AND FELT IT WOULD BE A SOLUTION TO THE SITUA- TION. HE NOTED THAT WE CANNOT AFFORD THE EXTENSIVE IMPROVEMENTS PROPOSED BY THE CITY PLAN. 28 COMMISSIONER WODTKE ASKED ATTORNEY COLLINS ABOUT THE REFERENCE IN DR. BURNS' LETTER DATED SEPTEMBER 23RD IN WHICH HE QUOTED FLORIDA STATUTES AND STATED THEY WERE FORMALLY NOTIFYING THE COMMISSION THAT A HAZARD EXISTS ON 16TH STREET. HE NOTED THAT THIS APPARENTLY REFERS TO THE FOLLOWING: "ANY HAZARD THE SCHOOL BOARD FINDS ON HIGHWAYS DIRECTLY ADJACENT TO A SCHOOL ARE TO BE REPORTED WITHIN 24 HOURS TO THE GOVERNMENTAL AGENCY WITH JURISDIC- TION." COMMISSIONER WODTKE FELT THIS STATUTE WOULD BE MORE IN REFERENCE TO AN EMERGENCY SITUATION, SUCH AS A FALLEN TREE, ETC, HE AGREED WE NEED TO DO THE WORK, BUT THE FACT THAT WE ARE PROCEEDING UNDER THIS APPROACH ON BEHALF OF THE SCHOOL BOARD CONCERNED HIM. ATTORNEY COLLINS NOTED THAT AFTER THAT LETTER WAS WRITTEN, THE COUNTY DID RESPOND, AND WHETHER OR NOT THE REQUEST WAS THE TYPE OF HAZARD MEANT BY THE STATUTE, HE FELT IS DUBIOUS. HE ALSO FELT THERE IS SOME QUESTION AS TO THE CONSTITUTIONALITY OF THE FACT THAT PLACES THE RESPONSIBILITY ON THE GOVERNMENTAL AGENCY RATHER THAN THE SCHOOL BOARD, BUT BELIEVED AT THIS POINT, THE BOARDS ACTIONS ARE OVER AND ABOVE ANYTHING REQUIRED AND THAT WHAT WE ARE DOING IS A VOLUNTARY ACTION ON THE PART OF THE BOARD RATHER THAN ANYTHING REQUIRED. COMMISSIONER WODTKE REQUESTED THAT THE ADMINISTRATOR SHOW HIM ON THE MAP EXACTLY WHAT IS PROPOSED, AND ADMINISTRATOR NELSON EXPLAINED THAT THE BIKE PATH TERMINATES AT THE EDGE OF THE ROAD. THERE IS A PAINTED PEDESTRIAN CROSSING; THEY WANT TO CREATE A SIDEWALK TO TIE THE STREET TO THE BIKE PATH. HE POINTED OUT ON THE MAP WHERE THE BRIDGE WILL.GO OVER THE CANAL AND NOTED THAT THE CONSTRUCTION WOULD BE THE SIDEWALK AND A FOOT BRIDGE; THE TRAFFIC WILL STOP WHERE THERE IS A STOP LIGHT NOW. THE ADMINISTRATOR STATED THAT THEY WILL PUT ADDITIONAL SIGNS THERE, AND HE WOULD LIKE TO PUT IN A ZEBRA HATCHMARK ON THE ROAD FOR MORE VISIBILITY. DISCUSSION AROSE ABOUT FUNDS FOR THE PROJECT, AND THE ADMINISTRATOR FELT THEY SHOULD BE TAKEN FROM FEDERAL REVENUE SHARING. COMMISSIONER FLETCHER NOTED THAT WHERE THE FUNDING WAS TO BE TAKEN FROM WAS LEFT BLANK ON THE ADMINISTRATOR'S MEMO, AND HE FELT HE MIGHT HAVE TO WITHDRAW HIS MOTION. DEC 31990 29 Rook 45 F4. Fr- I DEC 31900 80, 0K 45 FacF 369 ADMINISTRATOR NELSON NOTED THAT THIS FUNDING WAS SUGGESTED BY THE INTERGOVERNMENTAL COORDINATOR AND THAT IS ONE OF THE USES OF THIS PARTICULAR FUND. COMMISSION FLETCHER STATED THAT HE WOULD LET HIS MOTION STAND. CHAIRMAN LYONS BELIEVED WE ARE DOING A PATCHWORK JOB ON WHAT IS GOING TO BE A MAJOR INTERSECTION AND FELT THAT WE SHOULD DO IT RIGHT THE FIRST TIME. COMMISSIONER SCURLOCK AGREED. COMMISSIONER WODTKE POINTED OUT THAT THE PROPOSAL TO ACCOMPLISH THIS WAS IN THE AMOUNT OF $150,000. DISCUSSION CONTINUED IN REGARD TO VARIOUS ALTERNATIVES FOR IMPROVING THIS INTERSECTION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THE BOARD DISCUSSED THE REQUEST FOR OUT—OF—COUNTY TRAVEL RECOMMENDED BY THE ADMINISTRATOR, AS FOLLOWS: November 24, 1980 MEMORANDUM TO: Neil lson, County dminis1rator FROM: Harold M. McCormick, Assistant County Administrator SUBJECT: Attendance, Governor's Highway Safety Symposium Request that permission be requested from the Board of County Commissioners for out of County travel from Monday, December 8, 1980 returning on Wednesday, December 10, 1980, to attend subject conference in Tampa. The symposium is being conducted by the Florida Bureau of Highway Safety and I would expect normal attendance to this by the County Engineer when he is on board. Funds for this purpose have been budgeted under account number 001-201- 512-3402. HMM:ms MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER BIRD, TO APPROVE OUT -OF -COUNTY TRAVEL FOR ASSISTANT ADMINISTRA- TOR HAROLD MCCORMICK TO ATTEND A SYMPOSIUM CONDUCTED BY THE FLORIDA BUREAU OF HIGHWAY SAFETY IN TAMPA DECEMBER 8-10, 1980. COMMISSIONER SCURLOCK ASKED IF THE NEW COUNTY ENGINEER IS ON BOARD YET, AND ADMINISTRATOR NELSON STATED THAT HE WILL NOT BE WITH US UNTIL JANUARY. HE FELT THE SYMPOSIUM IN QUESTION IS EXTREMELY IMPORTANT,AND HE WOULD LIKE TO HAVE THE ASSISTANT ADMINISTRATOR ATTEND. COMMISSIONER SCURLOCK ASKED IF WE HAVE ANY,PROGRAM FOR THESE PEOPLE TO DISSEMINATE THE INFORMATION THEY GAIN WHEN THEY RETURN FROM SUCH MEETINGS, ADMINISTRATOR NELSON FELT THERE SHOULD BE SOME POLICY FOR A TRAVEL REPORT. HE NOTED THAT WHEN THE ASSISTANT ADMINISTRATOR ATTENDED A SCHOOL IN FORT LAUDERDALE, HE HAD EVERYTHING TAPED AND BROUGHT BACK THE INFORMATION IN THAT FASHION. COMMISSIONER SCURLOCK CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. REQUEST BY WEST SIDE RACQUET CLUB RE STREET LIGHT DEC 31980 THE BOARD REVIEWED THE FOLLOWING MEMO: 31 moo 45 PnE.363 I DEC 31990 MEMORANDUM TO: Board of County Commissioners FROM: Neil A. Nelson, County Administrator SUBJECT: West Side Racquet Club Subdivision Street Light Boa 45 P �� 3�4 November 24, 1980 ENCL.: West Side Racquet Club's letter of request dated October 21, 1980 The West Side Racquet Club and residents of the subdivision have requested that an 11,000 lumen street light be erected at the entrance to the subdivision from 5th Street, S.W. Florida Power and Light will install this light upon written request from the County and will not charge an installation fee. The cost of the light would be $6.50 plus $1.00 fuel adjustment per month. Since there is only one light involved, the establishment of a taxing district to pay for it would be too cumbersome. An agreement between West Side and the County to collect a years fee of $100.00 in advance could be worked out. It is recommended that: 1. The Board approve the installation of an 11,000 lumen light at the entrance to West Side from 5th Street, S.W. 2. The County Administrator be authorized to request the installation of the light to be installed by Florida Power & Light. 3. The County Attorney prepare an agreement between West Side Racquet Club and the County subject to the Chairman's signature. Nei A. Nelson County Administrator COMMISSIONER SCURLOCK ASKED WHY THE COUNTY WOULD ENTER INTO THIS AT ALL AND WHY THEY COULD NOT ASK FP&L DIRECTLY. COMMISSIONER WODTKE EXPLAINED THAT THE COUNTY IN THE PAST HAS NEVER BEEN INVOLVED WITH ANYTHING LIKE THIS AND ALWAYS HAS DENIED THE REQUEST. FP&L HAS A POLICY WHEREBY IF THE COUNTY ORDERS IT AND SAYS THEY ARE GOING TO MAKE THE PAYMENTS, THEN FP&L, KNOWING THE TAXING AUTHORITY OF THE COUNTY, WILL PUT THE LIGHT IN AND WILL JUST CHARGE A FLAT MONTHLY CHARGE. HE NOTED THAT A GOOD EXAMPLE OF THIS IS VERO SHORES WHERE HE LIVES — THEY HAVE WANTED FOR SOME TIME A LIGHT IN FRONT OF THEIR SUBDIVISION; IT IS ON A ROAD ACCEPTED BY THE COUNTY FOR MAINTENANCE. FP&L SAYS THEY WILL PUT IT IN AND CHARGE 32 $6.50 A MONTH IF THE COUNTY REQUESTS IT. IF THE PROPERTY OWNERS DISSOCIATION REQUESTS THIS, THE MONTHLY CHARGE IS THE SAME, BUT THE ASSOCIATION WOULD HAVE TO BE RESPONSIBLE FOR THE POLE; THIS COULD AMOUNT TO $3,000-$4,000 FOR A COUPLE OF LIGHTS. COMMISSIONER WODTKE REITERATED THAT WE NEVER HAVE APPROVED ANYTHING LIKE THIS BEFORE EXCEPT THROUGH A STREET LIGHTING DISTRICT, AND HE HOPED WE DO NOT APPROVE THIS BECAUSE IT WOULD CAUSE A LOT OF BOOKWORK AND HE FELT THIS LIGHT SHOULD BE PROVIDED BY THE DEVELOPER. ADMINISTRATOR NELSON COMMENTED THAT HE BELIEVED THIS IS A SAFETY PROBLEM, WHICH HE REALIZED IS NOT THE PROBLEM OF THE COUNTY. HE STATED THAT HE DID NOT KNOW ANYTHING ABOUT THE POLE CHARGE, BUT WEST SIDE RACQUET CLUB HAS AGREED TO PAY IN ADVANCE AND WE WOULD HAVE TO WORK OUT AN AGREEMENT WITH WEST SIDE TO PROVIDE $100 A YEAR FOR 10 YEARS. COMMISSIONER SCURLOCK STATED THAT HE CONCURRED WITH COM- MISSIONER WODTKE, MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, TO DENY THE REQUEST OF WEST SIDE RACQUET CLUB. COMMISSIONER FLETCHER STATED THAT BASICALLY HE HAD TO AGREE WITH THIS; ALTHOUGH, HE DID UNDERSTAND THE DESIRE OF THE CITIZENS TO HAVE LIGHTS IN SPECIFIC PLACES, HE NOTED THAT, AN EXAMPLE, THERE IS A POLE AT VICKERS ROAD AND U.S.1 AND THE BULB WAS BROKEN; HE ASKED IF THERE IS SOME AUTHORITY WHEREBY THE COUNTY CAN GET INVOLVED TO HELP PEOPLE OUT IN CERTAIN AREAS WITHOUT GETTING INTO A TAXING DISTRICT. COMMISSIONER WODTKE STATED THAT IF THERE I.S A POLE ALREADY THERE, HE BELIEVED FP&L WILL PUT A LIGHT ON THE POLE AND JUST CHARGE THE FLAT FEE PER MONTH, AND THEY WILL DO THIS FOR PRIVATE ORGANIZA- TIONS OR INDIVIDUALS. IF, HOWEVER, YOU WANT A POLE INSTALLED, YOU WOULD HAVE TO PAY FOR THE POLE, THE INSTALLATION, AND THEN SO MUCH PER MONTH. HE CONTINUED THAT WE HAVE HAD NUMEROUS REQUESTS OF THIS TYPE, AND HE BELIEVED WE ARE TRYING INTHE SUBDIVISION REGULATIONS TO BE SURE THE DEVELOPER GETS THE LIGHTS IN THERE. THE TAXING DISTRICT IS THE ALTERNATIVE TO A PROPERTY OWNERS GROUP, AND THE TAXING DISTRICT GIVES FP&L THE AUTHORITY TO GO IN AND INSTALL THE LIGHT. DEC 31980 mac m 33 DEC 31990 ao PAF 3�6 COMMISSIONER FLETCHER CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, AND THE REQUEST OF THE WEST SIDE RACQUET CLUB WAS DENIED. COMMISSIONER SCURLOCK COMMENTED THAT THEY ARE TALKING ABOUT PUTTING MONEY IN ESCROW, BUT THERE IS NO AMOUNT SET OUT. ADMINISTRATOR NELSON EXPLAINED THAT THIS IS A PRELIMINARY PLAT AND THE MONEY IS NOT PUT IN ESCROW UNTIL WE GET TO THE FINAL PLAT. HE CONTINUED THAT THE PLANNING DEPARTMENT IS REQUESTING AN ADDITIONAL 10' NON -ACCESS EASEMENT TO THE WEST OF KINGS HIGHWAY IN CASE WE WANT TO FOUR LANE SOMETIME. THERE IS A PROBLEM BECAUSE ON THE WEST,FP&L HAS ONE OF THEIR MAJOR TRANSMISSION LINE POLES, AND THESE ARE VERY EXPENSIVE TO MOVE. PLANNING DIRECTOR REVER COMMENTED THAT ACTUALLY THE NON - ACCESS EASEMENT WAS MAINLY MEANT TO KEEP FROM HAVING DRIVEWAYS ALONG A MAJOR ROAD, MR. FOWLER OF MUSICK-FOWLER SURVEYING STATED THAT THEY HAVE A 10' NON -ACCESS EASEMENT THERE, AND THEY ALSO GAVE UP 10' OF RIGHT-OF-WAY WHERE THE POLES ARE NOW. COMMISSIONER WODTKE INQUIRED ABOUT THE SIZE OF THE LOTS, AND WAS INFORMED THAT THEY ARE ALL 1/2 ACRE OR BETTER WITH SEPTIC TANKS AND WELLS. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, TO GRANT TENTATIVE APPROVAL TO THE PRELIMINARY PLAT OF KINGSLAKE SUBDIVISION. COMMISSIONER FLETCHER INQUIRED WHAT EFFECT THIS TENTATIVE APPROVAL HAS, AND ATTORNEY COLLINS EXPLAINED'THAT IT HAS THE EFFECT OF LETTING THE DEVELOPER FINISH THE PROJECT AND PUT IN ALL THE IM- PROVEMENTS HE REPORTS ON HIS PRELIMINARY PLAT. HE BELIEVED THE BOARD IS BOUND TO GIVE FINAL APPROVAL IF THE DEVELOPER DOES ALL THE THINGS SET OUT ON THE PLAT. ADMINISTRATOR NELSON NOTED THAT THIS PLAT WILL BE STAMPED PRELIMINARY PLAT APPROVED, AND THEN WHEN THEY COME BACK FOR FINAL PLAT APPROVAL, WE COMPARE THE TWO TO SEE THAT EVERYTHING HAS BEEN DONE. COMMISSIONER FLETCHER ASSUMED THAT WE ACTUALLY ARE GOING ON THE GOOD FAITH OF OUR PLANNING DEPARTMENT AND WHEN THESE PLATS ARE PASSED TO THE COMMISSIONERS, WHAT THEY ARE DOING IS ASKING FOR A VOTE OF CONFIDENCE. ADMINISTRATOR NELSON EXPLAINED THAT THE TECHNICAL REVIEW COMMITTEE INCLUDES NOT ONLY PLANNING DEPARTMENT STAFF, BUT INVOLVES THE SANITARY DEPARTMENT, HEALTH DEPARTMENT, FIRE CHIEF, URBAN FORESTER, ETC. MR. FOWLER POINTED OUT THAT BEFORE THE BOARD APPROVES THE FINAL PLAT AND THE DEVELOPER CAN SELL THE LOTS, HE HAS PUT ALL HIS MONEY IN IT AND DONE THESE IMPROVEMENTS. HE NOTED THAT ONCE THEY HAVE.GONE THROUGH TRC, THEY HAVE GONE THROUGH QUITE A FEW ARGUMENTS. COMMISSIONER FLETCHER ASKED ABOUT THE 4t0 FLOW WELL ON THE PROPERTY AND WHETHER IT WOULD BE CAPPED. SURVEYOR PETE MUSICK INFORMED HIM THAT THEY PLAN TO RUN IT DOWN THE LOT LINE AND EMPTY IT INTO THE LAKE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. AGREEMENT BETWEEN COUNTY AND LAMER SUBDIVISION CHAIRMAN LYONS INFORMED THE BOARD THE HE WAS INVOLVED IN DISCUSSION YESTERDAY WITH ATTORNEY COLLINS, ATTORNEY HENDERSON AND ENGINEER LLOYD, IN CONNECTION WITH THIS AGREEMENT, AND THERE HAVE BEEN SOME CHANGES MADE FROM THE COPY APPEARING IN THE BACKUP MATERIAL. UNFORTUNATELY, THESE CHANGES OCCURRED TOO LATE LAST NIGHT TO GET THEM TO THE BOARD MEMBERS BEFORE TODAY'S MEETING. HE ADDED THAT THE AGREEMENT HAD BEEN SUBMITTED TO THE TOWN OF INDIAN RIVER SHORES, AND WE HAVE THE CONCURRENCE OF THE MAYOR WITH A SLIGHT MODIFICATION. ATTORNEY HENDERSON, REPRESENTING VERO DUNES, LTD., DEVEL- OPERS OF LAMER, WISHED TO REVIEW THE CHANGES IN THIS AGREEMENT, WHICH 35 DEC 3 1980 m PAGE J 7 DEC 31900 aoa 5 DEALS WITH CONNECTING THE LAMER CONDOMINIUM PROJECT TO THE -PEBBLE BAY SEWER PLANT. HE NOTED THAT THEY BASICALLY HAD THREE CHANGES. THE FIRST DEALT WITH THE DEVELOPERS RESPONSIBILITY TO MEET ANY COST INVOLVED WITH OVERAGE SIZING, AND ATTORNEY HENDERSON INFORMED THE BOARD THAT HE NOW HAS A LETTER FROM THE TOWN OF INDIAN RIVER SHORES GIVING THEIR OKAY TO A 4" FORCE MAIN FOR WHICH THE DEVELOPER IS GOING TO PAY. ENGINEER LLOYD REPORTED THAT THE AGREEMENT ORIGINALLY RE- QUIRED THAT THE DEVELOPER PAY THE ADDITIONAL COST FOR ANY EXCESS SIZING REQUIREMENTS PUT ON THEM BY EITHER THE TOWN OR COUNTY. HE EMPHASIZED THAT THIS IS FOR TYING TO THE EXISTING FORCE MAIN, NOT ALL THE WAY TO THE PLANT. COMMISSIONER SCURLOCK FELT A COPY OF THE LETTER FROM THE TOWN OF INDIAN RIVER SHORES SHOULD BE MADE A PART OF THE RECORD, AND ATTORNEY HENDERSON STATED THAT HE WOULD SUPPLY ONE, SAID LETTER IS HEREBY MADE A PART OF THE MINUTES. 36 Council Members EDWARD J. NOLAN, Mayor SUZANNE M. SODEN, Vice -Mayor GEORGE P. BUNNELL FRITZ E. GIERHART THAD D. WILKINS W i WN OF INDIAN 'RI'VER SIIOR. 6001 NORTH A -1-A INDIAN RIVER SHORES. FLORIDA 32960 Telephone: AC 305-562-1736 November 26, 1980 Mr. Robert Lloyd 1835 - 20th Street Vero Beach, Florida 32960 CHESTER E. CLEM Town Attorney VIRGINIA L. GILBERT Town Clerk JOHN F. CURTIN Town Engineer Reference: Lloyd letter to County, 24 November 80 Dear Flip: Unless you can coordinate your efforts with Sverdrup & Parcel and Associates, Inc., within the time frame as outlined by you at the Council meeting 25 November 80, I would suggest that you proceed with your original design (4" force main). You very truly, Edward J. No a ayor TOWN OF INDI RIVER SHORES EJN:em CC: Mr. Chester Clem Mr. Neil Nelson Mr. John Curtin Sverdrup & Parcel 37 REGLIVLJDEC 1 1910 Date r:c ed File' PcPiy Eng. Der-:. Fj Surveying ❑ Inspectors ❑ Hold ( ) wK 45 PAGE 369 -BOOK 45 PACE 370. ATTORNEY COLLINS NO THAT THE DISCUSSION ON POINT ONE IS JUST A CLARIFICATION - NO CHANGES NEED TO BE MADE IN THE AGREEMENT. ATTORNEY HENDERSON CONTINUED THAT THE SECOND CHANGE DEALT WITH DEDICATING EASEMENTS AND LINES TO THE COUNTY. HE NOTED THAT THE AREA BEING SERVICED IS ACTUALLY A PART OF THE PROJECT; THERE ARE LINES THAT RUN FROM AIA UP TO THIS PHASE I, AND HE DID NOT BE- LIEVE IT WAS THE COUNTY'S INTENT TO DEDICATE THE LINES ACTUALLY ON SITE. THEY, THEREFORE, AGREED TO DELETE PARAGRAPH 51 PAGE Z, AND ALSO WOULD LIKE TO INSERT IN THE 5TH LINE OF PARAGRAPH 41 PAGE 31 BETWEEN THE WORDS "THE FACILITIES," THE WORD 11 THE IN ORDER TO CLARIFY THAT WE ARE NOT TALKING ABOUT LINES ON THE SITE OF THE DEVELOPMENT ITSELF. ATTORNEY HENDERSON WISHED TO HAVE THE WORD "OFF-SITE" INSERTED ALSO ON PAGE 31 THE 11TH LINE OF THE SECOND PARAGRAPH OF PARAGRAPH 4; BETWEEN THE WORDS "PROPOSED FACILITIES." ATTORNEY COLLINS STATED THAT THIS WOULD CAUSE NO PROBLEM. ATTORNEY HENDERSON CONTINUED THE ENGINEER LLOYD THIS MORNING DELIVERED TO ATTORNEY COLLINS' OFFICE A PLAT SUBSTITUTING A LEGAL DESCRIPTION TO DESCRIBE THE ENTIRE PROJECT AND NOT JUST A PHASE. ATTORNEY COLLINS STATED THAT HE HAS NOT BEEN IN HIS OFFICE TODAY AND HAS NOT SEEN THE DESCRIPTION. ATTORNEY HENDERSON INFORMED THE BOARD THAT THE ONLY OTHER MATTER HE HAD TO DISCUSS DEALS WITH METERS; HE GOT A LETTER FROM UTILITY DIRECTOR LINER WHERE HE INDICATED THE CITY OF VERO BEACH WOULD HAVE TO FURNISH THE WATER METERS THEMSELVES WHEREAS PARAGRAPH 6 INDICATED THE METERS WILL BE PURCHASED FROM AND INSTALLED BY THE COUNTY. CHAIRMAN LYONS FELT THIS HAD BEEN CHANGED AT THE MEETING, AND ATTORNEY COLLINS AGREED THAT THERE WAS A CHANGE MADE IN PARAGRAPH 6 AT THE TOP OF PAGE 4 SO THAT IT NOW READS - "THE COUNTY AND TOWN SHALL HAVE NO RESPONSIBILITY FOR UTILITIES LINES LOCATED WITHIN DEVELOPERS' PROPERTY. DEVELOPER AND ASSIGNS WILL PAY COUNTY SEWER UTILITIES CHARGES BASED ON WATER METER READINGS PURSUANT TO COUNTY ORDINANCES. SERVICE WILL BE PROVIDED AFTER LINES HAVE BEEN INSPECTED AND DISINFECTED AS REQUIRED, AND AFTER AS -BUILT DRAWINGS DELIVERED TO COUNTY." COMMISSIONER FLETCHER ASKED FOR AN OVERVIEW, AND ADMINIS- TRATOR NELSON EXPLAINED THAT LAMER IS BUILDING A PROJECT JUST DOWN AIA FROM OUR PEBBLE BAY SEWER PLANT. WE HAVE THE CAPACITY TO TAKE CARE OF THEIR SEWAGE, AND IN ORDER TO KEEP THEM FROM PUTTING IN A PACKAGE PLANT TO TAKE OF 28 UNITS, WE CAN TAKE THEM ON TEMPORARILY. WHEN WE GET THE SEWER LINE BUILT FOR INDIAN RIVER SHORES AND THE COUNTY, THEN THIS AGREEMENT WOULD TERMINATE AND WE WOULD GO TO THE AGREEMENT WITH THE TOWN AND THE CITY. BASICALLY WE ARE TEMPORARILY PROVIDING SEWER SERVICE FOR 28 UNITS. ATTORNEY COLLINS REPORTED THAT MAYOR NOLAN HAD A COUPLE OF CHANGES HE DESIRED - ON PAGE 2 ABOUT HALFWAY DOWN WHERE IT SAYS COUNTY'S INSPECTOR, HE WISHED THAT CHANGED TO TOWN'S, ATTORNEY COLLINS COMMENTED THAT ENGINEER LLOYD BROUGHT UP THE POINT THAT THE CONTROL OF THE RIGHT-OF-WAY WAS UNDER THE STATE RATHER THAN INDIAN RIVER SHORES, BUT RATHER THAN DISTURB THE MAYOR'S CONCEPT, ATTORNEY COLLINS SUGGESTED THAT WE MAKE THIS SUBSTITUTION AND THEN LET THE TOWN WORK THIS OUT WITH THE STATE. ATTORNEY COLLINS CONTINUED THAT ON PAGE 4, PARAGRAPH 8, THE PHRASE "ALLEYS OF INDIAN RIVER COUNTY" SHOULD BE DELETED BECAUSE ALL OF THIS IS WITHIN THE TOWN OF INDIAN RIVER SHORES. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, TO APPROVE AN AGREEMENT BETWEEN VERO DUNES, LTD. (DEVELOPERS) AND INDIAN RIVER COUNTY WITH THE FOLLOWING INSERTIONS: 1. PAGE 2, PARAGRAPH 2 - INSERTION OF °°TOWN°SA° IN PLACE OF "COUNTY'S" BEFORE THE WORD '"INSPECTOR." 2. PAGE 3, PARAGRAPH 4, 5TH LINE - INSERTION OF "OFF-SITE" BEFORE THE WORD "FACILITIES.°t 3. PAGE 3, PARAGRAPH 4, 11TH LINE OF THE SECOND PARAGRAPH - INSERTION OF °°OFF-SITE0/ BEFORE THE WORD A°FACILITIES. 1° 4. PAGE 3, PARAGRAPH 5 - OMIT COMPLETELY. 5. PAGE 4, PARAGRAPH 6 - ADD NEW SENTENCE - "COUNTY AND TOWN SHALL HAVE NO RESPONSIBILITY FOR UTILITIES LINES LOCATED WITHIN DEVEL- OPERS' PROPERTY. DEVELOPER AND ASSIGNS WILL PAY COUNTY SEWER UTILITY CHARGES BASED ON WATER METER READINGS PURSUANT TO COUNTY ORDINANCES." 6. PAGE 4, PARAGRAPH 8 - ELIMINATION OF THE PHRASE "INDIAN RIVER COUNTY OR" AFTER THE WORDS "ALLEYS OF." DEC 31980 39 BOOK 5 'Pa1E 71. r DEC 31980 Boa 45 PAGE 37'2 COMMISSIONER.FLETCHER INQUIRED ABOUT THE TIME LIMITS ON THIS TEMPORARY INSTALLATION AND WAS INFORMED THAT IT IS A TWO YEAR CONTRACT. COMMISSIONER FLETCHER NEXT INQUIRED ABOUT THE PARAGRAPH WHERE IT STATES THAT THE COUNTY IS A SUPPLIER OF TEMPORARY SEWER DISPOSAL SERVICE TO THE AREA, AND IT WAS NOTED THAT THE COUNTY HAS BEEN SUPPLYING THIS AREA FOR EIGHT OR NINE YEARS SO FAR. CHAIRMAN LYONS EXPLAINED ABOUT THE AGREEMENT JUST REACHED WITH THE TOWN OF INDIAN RIVER SHORES AND THE CITY OF VERO BEACH. COMMISSIONER FLETCHER THEN ASKED ABOUT THE WORDING IN PARAGRAPH 7, PAGE 4, WHERE IT STATES THAT NEITHER PARTY SHALL HAVE THE POWER OR AUTHORITY TO INCUR ANY OBLIGATION OR LIABILITY THAT WILL BE BINDING ON THE OTHER PARTY. ATTORNEY COLLINS EXPLAINED THAT PARAGRAPH CAME OUT OF THE ORIGINAL UTILITY AGREEMENT, AND NEITHER PARTY CAN BIND A JOINT VENTURE. IT DOESN'T AFFECT THE BINDING OF OBLIGATIONS AS CONTAINED IN THIS CONTRACT, BUT JUST CLARIFIES THAT THESE ENTITIES ARE SEPARATE AND APART AND THIS IS JUST A CONTRACTUAL RELATIONSHIP. COMMISSIONER SCURLOCK CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. SAID AGREEMENT WILL BE FILED IN THE OFFICE OF THE CLERK WHEN RECEIVED. BONDING, VILLAGE GREEN III - WEST & EASI ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAS JUST RECEIVED INFORMATION UPDATING THE WORK DONE ON THE WEST SIDE OF VILLAGE GREEN PHASE III, AND THIS HAS RESULTED IN A CHANGE OF THE FIGURES LISTED IN HIS MEMO AS FOLLOWS: PARAGRAPH 3 - $13,800 SHOULD BE CHANGED TO $11,450 UNDER RECOMMENDATIONS (1) $146,166 SHOULD BE CHANGED TO $151,630 AND (2) $205,176 SHOULD BE CHANGED TO $143,568 AND $170,980 SHOULD BE CORRECTED TO $119,640. _I November 25, 1980 MEMORANDUM TO: Board of County Commissioners FROM: Neil A. Nelson, County Administrator SUBJECT: Bonding, Village Green III, West - East ENC. #1: Village Green's letter to Board of County Commissioners dated November 18, 1980. ENC. #2: Beindorf & Associates, Inc. Bonding information Village Green, Phase III, West signed by James Young ENC. #3: Village Green's letter to Board dated November18, 1980 ENC. #4: Beindorf & Associates, Inc. Bond estimate, Village Green Phase`III, East Side October 8, 1980 Village Green entered into an agreement with Indian River County to bond certain construction projects on the Phase III West portion. The amount of bond was $166,842.00 and the completion date was January 1, 1981. The Board,at their meeting of September 24, 1980, agreed to release the funds upon 95% completion of the project after inspection of the project by the County Administrator. Enclosure #1 is a request for the funds minus the am, o listed on enclosure #2. The completion percentage is not 95%, however, $13,800.00 of this amount is attributed to a cul-de-sac area on the north end and is not critical to this Phase. I have inspected Phase III and concur with their assessment of substantial completion. Enclosure #3 is a request to bond the East Side of Phase III. Enclosure #4 is an estimate of costs to complete the project with a 20% contingency. The reason for Bonding is essentially the same as before,in that Village Green desires to begin mobile home construction prior to site construction completion. Village Green does have a nice development and serves a need to the community. Acceptance of the Bond will allow Village Green to begin construction of the mobile hocies immediately and facilitate the total development Recommend that: 5116 -S° 0 I. The Board release $146,166.00 of the $166,842.00 bond deposited `or Phase III West. �3,g l"9,lp® 68 2. The Boara/accept a cash bond of $205,176.00 which represents $170,980.00 to cover the work remaining plus a 20% for contingency and price escalation. 3. That upon substantial completion (950/') of the project, Village Green will be allowed to request that the bond be returned, less amount set aside for minor improvements not yet completed, contingencies, and price escalations. 4. That the Finance Director be authorized to coordinate the return of the bond money with representatives of Village Green. Neil A. Nelson County Administrator DEC 3198Q 41 Booz 45 . PnE 373 DEC 31980 -�cioK -45 PaGE. `374 THE ADMINISTRATOR NOTED THAT RICHARD SILLS, VICE PRESIDENT OF VILLAGE GREEN, WISHED TO GIVE HIM THE INFORMATION IN TIME FOR IT TO BE PUT ON THE AGENDA; HE THEN LATER GAVE HIM THE UPDATE ON WHAT THEY HAVE COMPLETED SINCE, AND ENGINEER JAMES YOUNG CERTIFIED THE ITEMS. COMMISSIONER SCURLOCK COMMENTED THAT PREVIOUSLY THERE WAS SOME DISCUSSION ABOUT PAVING WALKER AVENUE. HE CONTINUED THAT HE HAS RECEIVED A SIGNIFICANT NUMBER OF COMPLAINTS ABOUT THE DUST AND BE- LIEVED WE SHOULD GET THIS SETTLED WHILE WE ARE INVOLVED IN THIS MATTER. ADMINISTRATOR NELSON REPORTED THAT HE HAS TALKED TO MR. SILLS ABOUT THIS; THERE IS SOME PROBLEM WITH RIGHT-OF-WAY INVOLVING A GROVE, BUT HE BELIEVED THEY WOULD BE HAPPY TO WORK WITH THE COUNTY ON PAVING THE PORTION OF WALKER AVENUE THAT SPLITS THEIR PROJECT. MR. SILLS WISHED TO CONFIRM THAT WE ARE TALKING ABOUT A LIMITED AREA OF WALKER AVENUE, AND THE ADMINISTRATOR STATED IT WOULD COVER THE ENTRANCE TO THE NEW DEVELOPMENT AND ALL THE WAY UP TO WHERE IT CONNECTS TO RANGE LINE ROAD. MR. SILLS FELT THAT SOUNDED LIKE A FEASIBLE AMOUNT AND COMMENTED THAT HE HAD A PRELIMINARY DISCUSSION WITH THE COUNTY WHERE HE WOULD PAY PART AND THE COUNTY WOULD PAY PART OF THE PAVING. ADMINISTRATOR NELSON AGREED THAT IS ACCORDING TO COUNTY POLICY WHERE THE COUNTY PAYS 25% AND THE OWNER PAYS 75%. MR, SILLS STATED THAT HE WOULD LIKE TO WORK UP A COST ESTIMATE BEFORE MAKING A COMMITMENT, BUT HE FELT IT WOULD WORK OUT ALL RIGHT. CHAIRMAN LYONS REQUESTED THE ADMINISTRATOR TO CONTINUE TO WORK ON THIS WITH MR. SILLS, AND ADMINISTRATOR NELSON STATED THAT HE WOULD DO SO AND REPORT BACK TO THE COMMISSION. COMMISSIONER WODTKE ASKED IF THE ADMINISTRATORS STAFF HAD HAD THE OPPORTUNITY TO FIELD INSPECT THE PROJECT TO SEE THAT THE ADDITIONAL WORK HAS BEEN DONE. ADMINISTRATOR NELSON REPORTED THAT THEY HAVE NOT CHECKED THE LATEST LIST SUBMITTED, BUT THEY DID CHECK THE PREVIOUS WORK AND IT WAS DONE; HE STATED THAT HE HAS NO REASON TO DOUBT THE DEVELOPER. 42 .m COMMISSIONER WODTKE SUGGESTED THAT THE MOTION BE MADE SUBJECT TO INSPECTION BY THE ADMINISTRATOR. ATTORNEY COLLINS NOTED THAT TWO MOTIONS ARE NEEDED - ONE TO AUTHORIZE RELEASE OF FUNDS FROM THE BOND DEPOSITED FOR PHASE III WEST AND ONE TO APPROVE A CONTRACT ON ACCEPTING A CASH BOND FOR COMPLETION OF THE WORK ON PHASE III EAST, ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF VILLAGE GREEN FOR RELEASE OF FUNDS FROM THE BOND ON PHASE III_ WEST MINUS $11,450, OR AN AMOUNT OF $151,630, FROM THE CONTRACT DATED OCTOBER 8, 1980, SUBJECT TO INSPECTION AND APPROVAL BY THE ADMINISTRATOR, ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER -BIRD, THE BOARD UNANIMOUSLY ACCEPTED FROM VILLAGE GREEN A CASH BOND IN CONTRACT FORM CONSISTENT WITH THE CONTRACT ON PHASE III WEST, IN THE AMOUNT OF $143,568 TO COVER THE REMAINING WORK ($119,640) TO BE DONE ON PHASE III EAST PLUS A 20% CONTINGENCY. DEC 31980 43 p15' DEC 31980 aoo 45 PAGE 376 AGREEMENT This Agreement is made this r ` day of December, 1980, between Florida Atlantic Associates and the Board of County Commissioners of Indian River County, a governmental agency. WHEREAS, Florida Atlantic Associates is the owner of certain property in Indian River County more particularly described in Exhibit "A" attached hereto; and WHEREAS, Florida Atlantic Associates desires to construct improvements on said property described in Exhibit "A" into a residential mobile home park to be know as Village Green Phase III; and WHEREAS, Florida Atlantic Associates desires to construct all improve- ments within said park 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 park will, in fact, be so constructed; and WHEREAS, the Board of County Commissioners of. Indian River County, as a prerequisite to approval of building and zoning permits desires to have assurances that construction of improvements shown on the engineering plans 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 Village Green Phase III East, Florida Atlantic Associates will construct the following improvements as set forth in Exhibit "B" in accordance with applicable laws, ordinances, rules and regulations of: Indian River County. The coact of said improvements, pursuant to the engineer's estimate of Beindorf and Associates, Inc., is $119,640.00. 2. The items of construction and their cost, as set forth above, havt' been certified by James W. Young, Professional Engineer, December 2, 1980, which certificate is attached hereto as Exhibit "B". 3. The improvements listed above will be begun no later than December 3, 19804 and shall be completed no later than March 3, 1981. 4. Florida Atlantic Associates agrees to post a cash bond in the amount of $151,626.00 to ensure completion of the improvements. County is authorized to complete the work after March 3, 1981 in the event of Florida Atlantic Associates default or failure to comply with the terms of this agreement. Upoll substantial completion (95%) of the project and certification by the engineer, Florida Atlantic Associates may request return of the cash bond less any hold back deemed necessary by County to ensure final completion. IN WITNESS WHEREOF the parties hereto have set their hands and , 'seals this fm day of December, 1980. z . Witnesses: a A 0 ' FLORIDA ATLANTIC S Cj ES By 4ttlia BOARD OF By D • •-� �, ,� 1-�. ; - ,� CHAIRMAN LYONS REPORTED THAT HE HAS RECEIVED A LETTER FROM REINHOLD CONSTRUCTION COMPANY REFUSING TO PROCESS CHANGE ORDER #4 BECAUSE THE BOARD CHANGED THE WORD "WILL" TO "MAY" IN REGARD TO THE ADDING OF ADDITIONAL TIME TO THE CONTRACT. ADMINISTRATOR NELSON REPORTED THAT HE DISCUSSED THIS WITH MR. SNODGRASS OF REINHOLD CONSTRUCTION YESTERDAY, AND HE FELT THE ONLY THING THE CONTRACTOR WOULD LIKE TO HAVE IS ASSURANCE THAT IF THE WORK TO BE ACCOMPLISHED REQUIRES AN ADDITIONAL NUMBER OF DAYS WITHIN THE TIME FRAME IT STATES ON THE CHANGE PROPOSAL, THAT THE COUNTY WILL GRANT THOSE DAYS. ADMINISTRATOR NELSON FELT THIS WAS OUR INTENT WHEN WE SAID "MAY" BECAUSE WE DON T KNOW AT THIS TIME IF IT WILL, IN FACT, REQUIRE ADDITIONAL DAYS, BUT IF IT DOES AND THE CONTRACTOR WILL INDI- CATE THIS TO US, THEN WE HAVE ACTUALLY AUTHORIZED THE ADDITIONAL DAYS. CHAIRMAN LYONS FELT OUR INTENT WAS SIMPLY THAT WE DIDN'T WANT TO SIGN A CHANGE ORDER SAYING IT IS GOING TO RUN THIS CONTRACT OVER WHEN WE DON'T KNOW WHETHER IT IS GOING TO OR NOT, MR. SNODGRASS OF REINHOLD CONSTRUCTION STATED THAT HE WROTE THE LETTER IN QUESTION. HE HAD FELT THE IMPLICATION WAS CLEAR THAT THEY MEANT TO SAY THEY WERE ALERTING THE COUNTY THAT THERE MAY BE SOME EXTRA TIME BECAUSE OF THE EXTRA WORK, AND IF THIS WAS S0, THEN THEY WOULD BE PAID FOR THE EXTRA TIME THAT IT TOOK. HE APPRECIATED THE BOARDS CONCERN AND HOPED THEY COULD UNDERSTAND WHAT HE WAS TRYING TO SAY - IF THE EXTRA TIME DOES OCCUR, THEY WOULD EXPECT TO BE PAID. CHAIRMAN LYONS NOTED THAT WHEN WE AUTHORIZED THE CHANGE ORDER, WE DIDN'T KNOW AT THAT TIME WHETHER IT WILL OR WILL NOT CAUSE A DELAY, AND IF IT DOES CAUSE A DELAY AND IT IS DETERMINED TO BE A LEGITIMATE DELAY, THE,.OF COURSE, WE DO HAVE TO PAY FOR IT. ATTORNEY COLLINS WAS MAINLY CONCERNED AT THE GREAT EXPANSE OF TIME WHICH WAS REALLY AT THE SOLE DISCRETION OF THE CONTRACTOR. HE STATED THAT HE WOULD MUCH PREFER TO SEE AN AMOUNT SUCH AS FIVE DAYS, OR SOMETHING FIXED. MR. SNODGRASS COMMENTED THAT THIS WAS BASED ON TIME HE ANTICIPATED BEING REQUIRED TO COMPLETE THIS EXTRA WORK AND THAT IS THE ONLY BASIS HE HAS FOR SAYING IT MIGHT TAKE TWENTY DAYS. IF IT DEC 31990 45 Boa 45 Fe,F 377 DEC- 31900 BOOK 45 PAGF.378 SHOULD DELAY THEM TWENTY DAYS, THEY WOULD EXPECT TO SHOW THE BOARD THAT THEY WERE DELAYED - THEY DO NOT EXPECT CARTE BLANCHE. COMMISSIONER BIRD STATED THAT HE WAS CONCERNED ABOUT HOW THIS WAS TO BE JUSTIFIED, AND CHAIRMAN LYONS FELT WE MUST RELAY ON OUR CONSTRUCTION PROJECT REPRESENTATIVE, HERCULES KONTOULAS. MR. KONTOULAS STATED THAT WE WILL HAVE THIS PARAGRAPH ON ALL FUTURE CHANGE ORDERS AND AT THE COMPLETION OF THE CONTRACT WILL DETERMINE THEN HOW MANY DAYS WE GRANT. WHAT WE ARE SAYING TO THE CONTRACTOR IS THAT WE WILL CONSIDER THE COSTS AND EXTENSION OF TIME AT THE PROPER TIME. CHAIRMAN LYONS ASKED WHETHER, PURSUANT TO THIS CONVERSATION, MR. SNODGRASS WOULD STILL HAVE A PROBLEM WITH THE COUNTY SAYING `MAY." MR. SNODGRASS STATED THAT THEY DONT MIND THE COUNTY SAYING THERE ItMAY " BE A DELAY, BUT IF THERE IS, THEY WANT IT STATED THAT THEY "WILLu BE PAID, I.E., THERE MAY BE A DELAY, AND IF THERE IS, THE COUNTY WILL COMPENSATE REINHOLD FOR IT. COMMISSIONER WODTKE COMMENTED THAT HE HAD PREVIOUSLY READ IT TO SAY THAT WE WILL PAY FOR THOSE TWENTY DAYS, AND HE WOULD HAVE NO OBJECTION TO THE WORDING THAT IF THERE IS A DELAY, WE WILL PAY FOR IT. ATTORNEY COLLINS NOTED THAT THE BOTTOM LINE IS THAT THE COUNTY IS ADMITTING THERE MAY BE A ZO DAY DELAY AND WE ARE WILLING TO PAY FOR IT. COMMISSIONER WODTKE ASKED IF ALL THESE DAYS ARE CUMULATIVE, AND MR. SNODGRASS STATED THAT THEY ARE NOT. HE EXPLAINED THAT THEY ARE GOING TO BE DOING SIMULTANEOUSLY SEVERAL ITEMS OF EXTRA WORK, AND THEIR ONLY CONCERN IS TAKING ON THE EXTRA WORK WITHOUT HAVING ANY PROTECTION AGAINST PAYING DAMAGES FOR BEING LATE, THEY NEED SOMETHING IN THE CHANGE ORDERS SIMILAR TO WHAT THEY ARE TALKING ABOUT OR THEY DON'T HAVE ANY PROTECTION. COMMISSIONER SCURLOCK STATED THAT HE COULD SEE REINHOLD'S POINT, BUT WE HAVE A RESPONSIBILITY AND WE HAVE SIGNIFICANT PROBLEMS w :- AND MAY HAVE SIGNIFICANT OVERRUNS BECAUSE OF PROBLEMS WITH THE ARCHITECT, HE HAS SEEN THAT FIRE WALLS HAVE BEEN LEFT OUT; OTHER THINGS APPARENTLY HAVE BEEN OVERLOOKED; AND HE HEARD A FIGURE OF POSSIBLY A MILLION DOLLARS OVERRUN. COMMISSIONER SCURLOCK STATED THAT HE WANTS TO MOVE FORWARD, BUT HE WANTED TO PUT THE PRESS AND THE PUBLIC ON NOTICE THAT THERE ARE SIGNIFICANT PROBLEMS; THIS IS ONLY HIS SECOND MEETING AS A COUNTY COMMISSIONER; AND HE IS NOT RESPONSIBLE FOR WHAT HAS GONE BEFORE. COMMISSIONER FLETCHER STATED THAT IF HE SAW A MILLION DOLLAR OVERRUN, HE WOULD BE THE FIRST ONE TO TURN THE KEY ON THE DOOR. CHAIRMAN LYONS POINTED OUT THAT WE NOW ARE DISCUSSING CHANGE ORDER #4 IN PARTICULAR. COMMISSIONER WODTKE ASKED MR. SNODGRASS WHAT WE HAVE TO DO TO GET ON WITH THIS CHANGE ORDER, MR, SNODGRASS REITERATED THAT THE WORDS THAT WILL WORK FOR THEM ARE THAT IT MAY BE AS MUCH AS 20 DAYS, AND IF IT IS, THEY ARE ASKING THE COUNTY TO STATE THAT THEY WILL PAY FOR THESE DAYS. ATTORNEY COLLINS COMMENTED THAT MR. SNODGRASS IS SAYING THERE MAY BE AN OVERRUN, AND IF THERE IS, THEN THEY WILL BE PAID. HE FELT THE PREVIOUS WORDING WAS THAT IF THERE IS AN OVERRUN, THEN THEY MAY BE PAID. MR, SNODGRASS EMPHASIZED THAT THEY MUST HAVE ACKNOWLEDGMENT THAT THEY WILL BE COMPENSATED FOR ANY JUSTIFIED TIME EXTENSION; THEY MUST HAVE SOME PROVISION TO PROTECT THEM IF THEY ARE DELAYED. HE COMMENTED THAT IF THE BOARD DOES NOT ACKNOWLEDGE IT NOW, HE FELT THEY NEVER WILL, EVERYONE. DISCUSSION CONTINUED IN REGARD TO WORDING THAT WILL PROTECT COMMISSIONER WODTKE COMMENTED THAT IT PRESENTLY READS THAT THE PROPOSED CHANGES IN THE WORK MAY RESULT IN ADDITIONAL TIME BEING REQUIRED BEYOND THE CONTRACT COMPLETION DATE, AND ADDITIONAL TIME WILL BE ADDED TO THE CONTRACT. DEC 31980 47 mog 45 PAU- TIM' DEC 31980 Boas .45 PAGE 380 MR. SNODGRASS ASKED THAT THE SECOND SENTENCE BEGIN THAT IF THERE IS A DELAY DUE TO THE EXTRA WORK, THEY WILL BE PAID. WITH IT. MR. KONTOULAS FELT THAT WAS CLEAR, AND HE HAD NO PROBLEM DISCUSSION CONTINUED BACK AND FORTH ABOUT THE WORDING, AND CHAIRMAN LYONS STATED THAT HE DID NOT UNDERSTAND THE CHANGE REQUESTED. COMMISSIONER BIRD ASKED WHETHER THE ADDITIONAL 20 DAYS, IF GRANTED, WOULD GIVE THEM 20 DAYS BEYOND THE CONTRACT COMPLETION DATE. MR. SNODGRASS STATED THAT IT WOULD,IF THEY ACTUALLY NEED THE EXTRA TIME. O COMMISSIONER BIRD CONTINUED THAT IF THEY THEN ASKED FOR ANOTHER 20 DAYS, WOULD THAT THEN BE 40 DAYS ADDED AT THE END OF THE CONTRACT, AND MR. SNODGRASS STATED THAT IT WOULD NOT - IF THEY ARE REQUIRED TO WORK AN ADDITIONAL 20 DAYS, ALL THEY ARE ASKING FOR IS THAT 20; IT DOESN'T MATTER IF ALL THE DAYS REQUESTED ADD UP TO 2.00, THEY ARE CONCERNED ABOUT THE 20. CHAIRMAN LYONS HAD A CONFERENCE WITH ATTORNEY COLLINS, WHO FELT IT COULD BE STATED THAT THE PROPOSED CHANGES MAY RESULT IN ADDITIONAL TIME, AND THAT IT WOULD BE ALL RIGHT TO LEAVE IT THAT ADDITIONAL TIME WILL BE ADDED. HE DID NOT FEEL THIS WOULD PUT US IN ANY MORE TROUBLE THEN WE WERE BEFORE. COMMISSIONER FLETCHER ASKED COMMISSIONER WODTKE IF HE HAD NOT BEEN CONCERNED TWO WEEKS AGO ABOUT A POSSIBLE CUMULATIVE EFFECT. COMMISSIONER WODTKE STATED THAT HE DID HAVE THAT CONCERN AND NOTED THAT THE COUNTY ALSO HAS HAD SOME PREVIOUS EXPERIENCE WITH THE WORDS "WILL" AND "MAY." HE STATED THAT THE EXPLANATION MADE TODAY IS SATISFACTORY TO HIM AS IT IS WRITTEN TO THE EXTENT THAT THERE HAS TO BE JUSTIFICATION FOR THE ADDITIONAL TIME, AND IF IT IS JUSTIFIED, WE HAVE TO PAY FOR IT. MR. SNODGRASS NOTED THAT THEY DID NOT CREATE THE WORDING; THE ARCHITECT DID. CHAIRMAN LYONS ASKED IF HE COULD HAVE A MOTION TO SIGN THE CHANGE ORDER WITH THE NEW WORDING - LEAVING THE WORD " WILL It IN WHERE IT WAS STRICKEN ON ADVICE OF COUNSEL. COMMISSIONER FLETCHER NOTED THAT AT SOME POINT WE HAVE TO OPERATE WITH GOOD FAITH, AND HE DID NOT BELIEVE THE PROBLEMS ARE SO MUCH WITH THE CONTRACTOR AS FROM ANOTHER SOURCE. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO LEAVE THE WORDING AS IT WAS ORIGINALLY STATED ON CHANGE ORDER #4 RE THE COURTHOUSE. COMMISSIONER FLETCHER ASKED THE CONTRACTOR IF IT WOULD BENEFIT HIS PROJECT IF THE BOARD WERE TO MEET MORE OFTEN WHILE THE WORK WAS UNDER WAY. ADMINISTRATOR NELSON STATED THAT THIS HAS BEEN DISCUSSED, AND HE HAD INFORMED MR. SNODGRASS THAT IN AN EFFORT TO KEEP THINGS MOVING WHEN A CHANGE ORDER IS RECEIVED, HE WOULD WALK IT AROUND TO EACH OF THE COMMISSIONERS TO GET APPROVAL. COMMISSIONER SCURLOCK NOTED THAT IT CANNOT BE HANDLED IN THAT MANNER. COMMISSIONER FLETCHER COMMENTED THAT IF A MOTION IS NECESSARY, HE WOULD BE HAPPY TO MAKE ONE STATING THAT WE WOULD CALL A SPECIAL MEETING OF THE BOARD THREE DAYS AFTER A CHANGE ORDER IS RECEIVED. CHAIRMAN LYONS INFORMED HIM THAT THE CHAIRMAN HAS THE RIGHT TO CALL SUCH A MEETING, AND WE HAVE MADE THIS POINT REPEATEDLY. COMMISSIONER SCURLOCK COMMENTED THAT WE ARE PROCEEDING RIGHT NOW - WE ARE SAYING WE WANT TO HAVE A GOOD RELATIONSHIP BETWEEN THE BOARD AND THOSE WHO WILL BE NEGOTIATING. HE BELIEVED THERE IS A MEETING WITH THE ARCHITECT SET UP FOR TOMORROW, AND THE ADMINISTRA- TOR CONFIRMED THAT THE ARCHITECT WILL BE IN TOWN TOMORROW. COMMIS- SIONER SCURLOCK FELT THE COMMISSION SHOULD BE THERE TO GIVE SOME GUIDANCE, AND CHAIRMAN LYONS STATED HE WILL BE AT THIS MEETING. COMMISSIONER FLETCHER STATED THAT HE DID NOT WANT TO BE LEFT OUT ON THE .ACTIVITY OF THE NEGOTIATION RE THIS PROJECT IN ANY WAY, SHAPE OR FORM. DEC 31980 49 Biot 45 PAGE.38 r DEC 31900 Box 45 P,UF382 COMMISSIONER WODTKE NOTED THAT UNDER THE SUNSHINE LAW, IF MORE THAN ONE COMMISSIONER ATTENDS THIS MEETING, IT WILL HAVE TO BE A SCHEDULED MEETING OPEN TO THE PRESS, ETC. HE NOTED THAT BASICALLY WE WANT TO BE KEPT INFORMED AS TO WHAT IS OCCURRING. CHAIRMAN LYONS STATED THAT HE WILL KEEP THE BOARD INFORMED, AND THE ADMINISTRATOR CONFIRMED THAT MR. LYONS HAS BEEN MEETING WITH THE STAFF, THE ARCHITECT, ENGINEERS, CONTRACTORS, ETC., SINCE WE STARTED ON THIS PROJECT, COMMISSIONER SCURLOCK NOTED THAT HE HAS NOT SEEN ANY REPORTS, AND HE IS TENSE ABOUT THIS SITUATION. ATTORNEY COLLINS REPORTED THAT APPARENTLY THE LAW ENFORCE- MENT ASSISTANCE ADMINISTRATION (L.E.A.A.) WILL REQUIRE A CONTRACT WITH THE COUNTY FOR BOTH 1979 AND 1980. THE GRANT CAME THROUGH LAST YEAR AND NO CONTRACT WAS EVER REQUESTED; THEN THE GRANT CAME THROUGH THIS YEAR AND THEY REALIZED THEY HADN`T GOTTEN A CONTRACT FOR 1979. HE NOTED THAT THE FINANCE OFFICER GAVE HIM A CONTRACT FORM THAT IS SATIS- FACTORY, AND THEY PLUGGED IN THE FIGURES. THE ONLY CHANGE IS IN THE NUMBERS OF THE GRANT, COMMISSIONER SCURLOCK INQUIRED WHERE THE COUNTY'S PORTION OF THE FUNDING FOR THIS GRANT COMES FROM. .JEFFREY BARTON, SPEAKING AS AN INTERESTED CITIZEN, INFORMED HIM THAT IT WAS BUDGETED IN THE GENERAL FUND. HE EXPLAINED THAT ONE OF THESE CONTRACTS IS JUST TO CLEAN UP LAST YEAR S GRANT, AND L.E.A.A. WILL NOT FUND FROM THEIR PORTION OF THE 1980-81 GRANT UNTIL (1) WE HAVE ACCEPTED THE GRANT FROM THEM AND (2) WE HAVE SIGNED THE SOLE SOURCE CONTRACT. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, TO APPROVE AGREEMENT 79AA-06-8EOI WITH SPOUSE ABUSE, INC., FOR THE FISCAL YEAR 1979-80, AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. COMMISSIONER FLETCHER ASKED WHO WROTE THIS CONTRACT, AND ATTORNEY COLLINS ANSWERED THAT THE CONTRACT FORM CAME OUT OF ORLANDO; ORANGE COUNTY HAD USED IT, AND L.E.A.A. SENT IT TO US AS AN ACCEPT- ABLE FORM. COMMISSIONER FLETCHER NOTED THAT OUR PORTION OF THE FUNDING WILL BE GUIDED BY THE WORDS IN THIS CONTRACT, AND HE HAD SOME PROBLEM WITH SOME OF THE WORDING. HE CONTINUED THAT HE FOUND IT IRONIC THAT THE PEOPLE WE ARE FUNDING REFER TO THEMSELVES AS THE "PROVIDER" ALL THE WAY THROUGH THE CONTRACT. HE CONTINUED THAT IN REGARD TO ALLOW- ING ACCESS TO FINANCIAL RECORDS, ON PAGE 6, IT STATED THAT "ALL SUCH AUTHORIZATIONS WILL BE ON A 'NEED TO KNOW' BASIS," AND THIS TROUBLES HIM. WE ARE FUNDING THIS WITH TAXPAYERS' MONEY, AND AS HE READS THIS,..°THEY WILL DETERMINE WHAT WE NEED TO KNOW ABOUT THEIR OPERATION. HE FELT THIS SAYING HAD CAUSED A PROBLEM IN ANOTHER AREA RE MENTAL HEALTH, AND HE WISHED TO POINT IT OUT TO THE REST OF THE BOARD MEMBERS AS A POTENTIAL AREA OF NON -INFORMATION IF WE ARE SEEK- ING INFORMATION ABOUT THIS PROJECT. HE CONTINUED THAT ON PAGE 9, IT STATES THE PROVIDER WILL PERMIT THE COMPTROLLER GENERAL OF THE UNITED STATES TO AUDIT, AND HE WOULD AGAIN PRESUME THAT WOULD EFFECTIVELY PRECLUDE SOME AUTHORITY LOCALLY. HIS OTHER QUESTION IS THAT THERE IS A PROVISION THAT SAYS ANY INVENTION MADE IN THE COURSE OF OR UNDER THIS CONTRACT SHALL COME INTO THE POSSESSION OF THE AGENCY, AND HE WISHED TO KNOW IF THAT IS A STANDARD PROVISION. MENT. PLANNING DIRECTOR REVER NOTED THAT IT IS A FEDERAL REQUIRE- THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION® COPY OF SAID CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK. COMMISSIONER BIRD ASKED IF THE SECOND CONTRACT WHICH DEALS WITH E80-81 IS THE SAME AS THE FIRST WITH THE INSERTION OF ARTICLE 3, AND ATTORNEY COLLINS STATED THAT THE DOLLARS ARE THE ONLY THING CHANGED. DEC 31980 51 Box 45 PAU353 Q DEC 31900 Box 45 P4 384 ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD APPROVED AGREEMENT CS80-06-1501 WITH SPOUSE ABUSE, INC., FOR THE FISCAL YEAR 1980-81 FOR AN L.E.A.A. GRANT IN THE FOLLOWING AMOUNTS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; L.E.A.A. SHARE $31,154 STATE BUY -IN 1,730 LOCAL CASH MATCH 1,730 COPY OF SAID CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK, AS WELL AS COPY OF THE SUBGRANT APPLICATION FOR L.E.A.A, FOR 'HELP FOR BATTERED HOMES." IN FURTHER DISCUSSION, IT WAS NOTED THAT IT IS NECESSARY TO SIGN FOR ACCEPTANCE OF THE SUBGRANT AWARD BEFORE ANY FUNDS CAN BE RECIEVED. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD AUTHORIZED THE CHAIRMAN TO SIGN CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD CF -80-06-1501. S� .:.5•`•{:.�%,��+'r�>�.,n,;,S?a++��«�<xnwv.,���w'.,a+•.'.{�-.`t �•-k...�.i�. ss 'i ._;rte% _- � �.Sn..:.� d� f.;' '�... - - .. ,. ... �" ... . ..J� •.. :. w.x-. r�G L . iii o-1kM Y �i.`l r' ?'! �. CERTIFICATION OF ACCEPTANCE*OF SUBGRANT AWARD The subgrantee, through its authorized repres{.ntativ�., ac :::c);-ri•_;If;,� :-. i and acceptance of subgrant award number CF -80-06-15.01- t=c' amount of $ 34,614.00 *, for a project e::ti'--' c : Help for Battered Homes for th- 2 period of 9/1/80 to 8/31/80 , in accorda.-.cc statement of work contained in the subgrant applicatio:,, a:_u s 'r;j.ct to the Bureau of Criminal Justice's attached standard suLgrant gover:iing subgrants, as well as any attached special con--- '-.ions. Acc�ptud for the Subgrantee: - ��Chai 3: atur o -• Author. ized Official) rm n Board County Commissioners Indian RiverCounty, Florida (Typed Name and Title of Official) -REQUIRED MATCH 4 --at iL,. G^neral Revenue $ Local Hard Cash $ DEC 31990 1,730 1,730 8: 53 - _� DEC 31980 aoox 45 Nr:F 3�6 REQUEST FOR CORRECTIVE COUNTY DEED BY A. MUSTAPICK. MOHAWK HOMES ATTORNEY COLLINS INFORMED THE BOARD THAT HE NEEDS TO REVIEW THE DESCRIPTION WITH ENGINEER MARVIN CARTER AND WILL WITHDRAW THE ITEM FROM THE AGENDA. COMMISSIONER SCURLOCK ASKED WHY WE ARE NOT DOING A SURVEY SINCE WITHOUT ONE AN EXACT DESCRIPTION IS IMPOSSIBLE. ATTORNEY COLLINS FELT THE DESCRIPTION THAT MARVIN CARTER HAS COME UP WITH IS ACCURATE ENOUGH WITHOUT A SURVEY. HE STATED • THAT HIS PROBLEM HAD BEEN JUST TO BE SURE THOSE BOUNDARIES ARE THE SAME PIECE THAT WAS CONVEYED. HE EXPLAINED THAT WHAT WE ACTUALLY ARE DOING IS HELPING MOHAWK HOMES WITH THEIR TITLE QUESTION. THE ATTORNEY CONTINUED THAT IF THE BOARD FEELS THEY WANT A SURVEY, HE WILL TRANSMIT THIS INFORMATION TO MOHAWK HOMES. COMMISSIONER FLETCHER ASKED IF THE SURVEY SHOULD NOT BE DONE AT COUNTY COST, AND ATTORNEY COLLINS FELT MOHAWK HOMES SHOULD PAY FOR IT BECAUSE THIS IS BEING DONE AT THEIR REQUEST. DRAFT OF THRESHOLD FOR D.R.I. - BINDING LETTER - AND UPDATE RE NORTH BEACH REZONING CHAIRMAN LYONS REQUESTED THAT THE ABOVE ITEMS BE TAKEN UP TOGETHER BECAUSE THEY ALL ARE RELATED. HE STATED THAT HE WISHED TO GIVE THE BOARD HIS STATE OF MIND IN CONNECTION WITH THE NORTH BEACH SITUATION. HE BELIEVED WE HAVE REACHED A POINT WHERE WE MUST ADDRESS THE FACT THAT PART OF THAT LAND IS ZONED FOR IS UNITS PER ACRE AND EITHER DECIDE WHAT THE DENSITY IS GOING TO BE IN THOSE AREAS AND DO SOMETHING ABOUT IT OR FORGET IT. THE CHAIRMAN THEN MADE THE FOLLOWING FIVE SUGGESTIONS: (1) CONSIDER REZONING ALL UNOCCUPIED MULTI -FAMILY PROPERTY TO 4 UNITS PER ACRE UNTIL THE MASTER PLAN IS FINISHED. (2) REZONE FLORIDA LAND COMPANY PROPERTY TO 6 UNITS PER ACRE AND REMOVE THE BINDING LETTER REQUIREMENT. (3) ENACT A BINDING LETTER ORDINANCE. (4) ENACT A SITE PLAN ORDINANCE REQUIRING COMMISSION REVIEW OF ALL PLANS FOR OVER ZOO UNITS AND ALL SHOPPING CENTERS AND PUT DRI TYPE REQUIREMENTS IN THAT ORDINANCE. (5) AN ORDINANCE FOR MULTI -FAMILY AT APPROXIMATELY THE SAME DENSITY OF SINGLE FAMILY. CHAIRMAN LYONS CONTINUED THAT IN ORDER TO PROTECT THE NORTH BEACH, HE WOULD LIKE TO REZONE THAT AREA TO WHAT IT CALLS FOR IN THE MASTER PLAN. HE COMMENTED THAT THE AREA WE HAVE BEEN DOING ALL THE TALKING ABOUT BETWEEN WABASSO ROAD AND JOHN'S ISLAND SHOWS ON THE MASTER PLAN AS MEDIUM DENSITY, EXCEPT THE AREA ALONG THE RIVER WHICH SHOWS LOW DENSITY, AND HE FELT WE SHOULD REZONE THAT PROPERTY RIGHT NOW AS IT IS SHOWN ON THE MASTER PLAN AND AT LEAST BE CONSISTENT WITH WHAT WE HAVE SAID FOR FIVE YEARS. COMMISSIONER SCURLOCK ASKED IF HE WAS PROPOSING THESE FIVE ELEMENTS AS A TEMPORARY MEASURE. CHAIRMAN LYONS STATED THAT HE WAS SO THAT,AT LEAST,WE HAVE A'HOLDING PATTERN UNTIL WE HAVE ADOPTED THE NEW MASTER PLAN. HE ASKED IF THE COMMISSION WAS INTERESTED IN TRYING TO GET SOME KIND OF AN INTERIM HOLDING PATTERN OR NOT. COMMISSIONER FLETCHER STATED THAT HE WAS. COMMISSIONER BIRD POINTED OUT THAT WE HAVE ASKED FOR A STUDY OF HOW THE BARRIER ISLAND SHOULD BE DEVELOPED AND REZONED, AND BY SUCH ACTION, HE FELT WE WOULD BE OVERSTEPPING THAT. CHAIRMAN LYONS REITERATED THAT FIVE YEARS AGO WE ADOPTED A MASTER PLAN, AND WE HAVEN'T DONE ANYTHING ABOUT, AND�AT LEAST,WE WOULD BE REACHING A POSITION WHERE IT IS LIKE WE OFFICIALLY SAID IT SHOULD BE. HE BELIEVED THIS IS MORE CONSISTENT WITH WHAT THE PUBLIC IS SAYING BECAUSE HE DID NOT BELIEVE THEY WANT HIGH DENSITY IN THE NORTH BARRIER ISLAND AREA. COMMISSIONER SCURLOCK NOTED THAT YOU WOULD HAVE TO HAVE THE APPROPRIATE PUBLIC HEARINGS, AND THAT WE WOULD, IN EFFECT, HAVE A REZONING THAT WOULD STRETCH OUT UNTIL THE BARRIER ISLAND STUDY IS IN. DEC 31980 55 Boa 45, ;f; 7 ATTORNEY COLLINS NOTED THAT THERE IS ONLY ONE PUBLIC HEARING REQUIRED ON AN ORDINANCE CHANGE. COMMISSIONER FLETCHER ASKED IF THE FIVE ITEMS LISTED ARE CHOICE TYPE THINGS, AND THE CHAIRMAN AGREED THEY WERE. COMMISSIONER FLETCHER ASKED IF N0. 3, REGARDING THE ENACT- MENT OF A BINDING LETTER ORDINANCE, USING THE GUIDELINES OF THE DRI, WAS INTENDED TO APPLY COUNTYWIDE OR ONLY ON THE BARRIER ISLAND. _ THE CHAIRMAN STATED IT WOULD BE COUNTYWIDE. COMMISSIONER FLETCHER STATED THAT HE UNDERSTOOD THE CHAIR- MAN'S FRUSTRATION BECAUSE WE HAVE BEEN STUDYING THIS THING TO THE BONES FOR 20 YEARS AND WE DON'T SEEM TO BE ABLE TO COME UP WITH A GOAL, COMMISSIONER BIRD FELT WITH THE COMBINATION OF THE BARRIER ISLAND STUDY AND THE COMPREHENSIVE PLAN, WE ARE MUCH CLOSER TO A GOAL THAN WE HAVE BEEN. PLANNING DIRECTOR REVER REPORTED THAT THEY WERE GOING TO HAVE THE FIRST PUBLIC HEARING ON THURSDAY ON LAND USE UNDER THE COMPREHENSIVE PLAN, BUT HE IS GOING TO PROPOSE TO THE PLANNING & ZONING COMMISSION THAT THIS BE HELD IN ABEYANCE UNTIL THE BARRIER ISLAND STUDY IS COMPLETED AND WE CAN MAKE ANY ADJUSTMENTS. THIS WOULD BE THE END OF MARCH AND IS WITHIN THE TIMETABLE WE HAVE SET. COMMISSIONER BIRD ASKED IF HE WAS SAYING THE BARRIER ISLAND STUDY AND THE LAND USE PLAN COULD BOTH COME TO A HEAD IN MARCH. MR. REVER STATED THAT WAS THE INTENDED PROGRAM - TO DOVETAIL THE STUDY WITH THE PLAN COMING TO THE REVIEW AND ADOPTION PROCESS SO THEY COULD UTILIZE THE INFORMATION GENERATED BY THE STUDY TO REFINE THE MASTER PLAN. COMMISSIONER SCURLOCK STATED THAT AS HE LOOKS AT THE CHAIR- MAN'S FIVE SUGGESTIONS, THE ONLY ONE HE FINDS POSSIBLY APPEALING IS AN ORDINANCE REQUIRING ALL UNITS OF 500 OR ABOVE TO SUBMIT TO A BINDING LETTER, AND HE FELT THAT IS THE ONLY ONE HE WAS IN A REASONABLE POSI- TION TO COMMENT ON AT THIS TIME. HE FELT THAT ALL BOARD MEMBERS, REGARDLESS OF THE BARRIER ISLAND STUDY, HAVE SOME IDEA IN THEIR MINDS AS TO WHAT DENSITIES SHOULD BE ON THE BEACH, AS WELL AS OTHER AREAS IN THE COUNTY. HE DID NOT FIND THAT N0. 2 IS TOO ABSURD, BUT FELT E;R DEC 319 80 45 PAGE 388 ATTORNEY COLLINS NOTED THAT THERE IS ONLY ONE PUBLIC HEARING REQUIRED ON AN ORDINANCE CHANGE. COMMISSIONER FLETCHER ASKED IF THE FIVE ITEMS LISTED ARE CHOICE TYPE THINGS, AND THE CHAIRMAN AGREED THEY WERE. COMMISSIONER FLETCHER ASKED IF N0. 3, REGARDING THE ENACT- MENT OF A BINDING LETTER ORDINANCE, USING THE GUIDELINES OF THE DRI, WAS INTENDED TO APPLY COUNTYWIDE OR ONLY ON THE BARRIER ISLAND. _ THE CHAIRMAN STATED IT WOULD BE COUNTYWIDE. COMMISSIONER FLETCHER STATED THAT HE UNDERSTOOD THE CHAIR- MAN'S FRUSTRATION BECAUSE WE HAVE BEEN STUDYING THIS THING TO THE BONES FOR 20 YEARS AND WE DON'T SEEM TO BE ABLE TO COME UP WITH A GOAL, COMMISSIONER BIRD FELT WITH THE COMBINATION OF THE BARRIER ISLAND STUDY AND THE COMPREHENSIVE PLAN, WE ARE MUCH CLOSER TO A GOAL THAN WE HAVE BEEN. PLANNING DIRECTOR REVER REPORTED THAT THEY WERE GOING TO HAVE THE FIRST PUBLIC HEARING ON THURSDAY ON LAND USE UNDER THE COMPREHENSIVE PLAN, BUT HE IS GOING TO PROPOSE TO THE PLANNING & ZONING COMMISSION THAT THIS BE HELD IN ABEYANCE UNTIL THE BARRIER ISLAND STUDY IS COMPLETED AND WE CAN MAKE ANY ADJUSTMENTS. THIS WOULD BE THE END OF MARCH AND IS WITHIN THE TIMETABLE WE HAVE SET. COMMISSIONER BIRD ASKED IF HE WAS SAYING THE BARRIER ISLAND STUDY AND THE LAND USE PLAN COULD BOTH COME TO A HEAD IN MARCH. MR. REVER STATED THAT WAS THE INTENDED PROGRAM - TO DOVETAIL THE STUDY WITH THE PLAN COMING TO THE REVIEW AND ADOPTION PROCESS SO THEY COULD UTILIZE THE INFORMATION GENERATED BY THE STUDY TO REFINE THE MASTER PLAN. COMMISSIONER SCURLOCK STATED THAT AS HE LOOKS AT THE CHAIR- MAN'S FIVE SUGGESTIONS, THE ONLY ONE HE FINDS POSSIBLY APPEALING IS AN ORDINANCE REQUIRING ALL UNITS OF 500 OR ABOVE TO SUBMIT TO A BINDING LETTER, AND HE FELT THAT IS THE ONLY ONE HE WAS IN A REASONABLE POSI- TION TO COMMENT ON AT THIS TIME. HE FELT THAT ALL BOARD MEMBERS, REGARDLESS OF THE BARRIER ISLAND STUDY, HAVE SOME IDEA IN THEIR MINDS AS TO WHAT DENSITIES SHOULD BE ON THE BEACH, AS WELL AS OTHER AREAS IN THE COUNTY. HE DID NOT FIND THAT N0. 2 IS TOO ABSURD, BUT FELT E;R THAT N0. I AT 4 UNITS MAY BE TOO LOW AND WAS OF THE OPINION THAT SOME COMBINATION THEREABOUTS BETWEEN 4-6, WITH POSSIBLY SOME AREAS OF S, WILL BE WHAT MAY EVENTUALLY COME ABOUT. HE POINTED OUT THAT IT IS DIFFICULT TO REACT TO ALL THESE SUGGESTIONS WITHOUT TIME FOR SOME THOUGHT OR STUDY. CHAIRMAN LYONS AGREED, BUT EMPHASIZED THAT SOME WAY OR ANOTHER WE HAVE TO DO SOMETHING VERY SHORTLY BECAUSE WE HAVE A DESNITY OF 15 UNITS AN ACRE SITTING OUT THEREIAND HE DID NOT THINK THAT ANYONE ON THE BOARD BELIEVES WE WILL END UP WITH THAT DENSITY IN THAT AREA. COMMISSIONER BIRD AGREED THAT IT WAS A MISTAKE, BUT DID NOT BELIEVE WE NEED TO GO TO TWO CONSECUTIVE REZONINGS ON THAT PROPERTY - AN IMMEDIATE REZONING AND THEN A PERMANENT REZONING - WHEN WE SOON WILL HAVE ALL THE INPUT FROM THE BARRIER ISLAND STUDY AND THE COMPREHENSIVE PLAN; HE FELT THIS WOULD BE PUTTING THE PROPERTY OWNERS TO A LOT OF ANGUISH. COMMISSIONER FLETCHER WAS CONCERNED ABOUT PRESSURE FROM THE DEVELOPER INFLUENCING THE MASTER LAND PLAN AND THE STUDY, BUT COMMISSIONER BIRD STATED THAT, AFTER SERVING 6 YEARS ON THE PLANNING & ZONING COMMISSION, IT WAS HIS EXPERIENCE THAT THEY GOT A LOT MORE PRESSURE FROM PROPERTY OWNERS THAN THE DEVELOPERS. COMMISSIONER FLETCHER FELT WE SHOULD TAKE THE BULL BY THE HORNS, BUT COMMISSIONER SCURLOCK POINTED OUT THAT IN ORDER TO MAKE A DECISION, WE NEED FACTUAL INFORMATION ON WHICH TO BASE IT. COMMISSIONER FLETCHER NOTED THAT IS THE POSITION THAT HAS BEEN TRADITIONAL FOR THE LAST 20 YEARS; IT IS CAUTIOUS AND CONSERVA- TIVE, BUT IT ALSO IS VERY EXPENSIVE, OPEN-ENDED, AND HAS NO ULTIMATE GOAL. HE STATED THAT HE VIEWS THE COUNTY AS A LIFEBOAT - WE HAVE AMOUNT OF WATER, AND IN SPITE OF WHAT TECHNOLOGY CAN DO FOR US, WE MUST CONSIDER OUR NATURAL RESOURCES AND FACE THE FACT THAT THIS LIFEBOAT CAN HOLD ONLY SO MANY PEOPLE. ATTORNEY COLLINS COMMENTED THAT IF THE BOARD INSTITUTED A REZONING, PARTICULARLY ON THE FLORIDA LAND COMPANY PROPERTY WHICH HAS THE 15 UNITS AN ACRE, TO MAKE THE PROPERTY CONSISTENT WITH THE PRESENT MASTER PLAN, HE FELT IT WOULD BE SUSTAINED, AND WE BASICALLY ARE TALKING A MEDIUM DENSITY, WHICH UNDER OUR ORDINANCE IS AROUND S. DEC 31990 57 am�• PLANNING DIRECTOR REVER INFORMED THE BOARD THAT HE HAS A WHOLE PROGRAM WHICH HE WOULD LIKE TO AIR. HE NOTED THERE ARE DEFINI- TIONS SET IN THE PRESENT PLAN WHICH CALL MEDIUM DENSITY ANYTHING OVER FOUR UNITS UP TO AND INCLUDING 12, WHICH IS QUITE A LATITUDE'. MR. REVER FELT THAT THE NEW LAND USE PLAN WILL PROPOSE A CAP OF SIX UNITS PER ACRE FOR ANYTHING NORTH OF THE INDIAN RIVER SHORES TOWN LINE TO THE COUNTY BOUNDARY. HE CONTINUED THAT IT WAS PROPOSED BY THE FORMER BOARD THAT THE PLANNING DEPARTMENT COME UP WITH AN INTERIM PLAN THAT WOULD ACCOMMODATE MULTI -FAMILY DWELLINGS AT SIX UNITS PER ACRE, AND DEVELOPERS HAVE INDICATED THEY COULD LIVE WITH THIS. MR. REVER AGREED THAT SUCH MULTI -FAMILY ZONING WOULD MAKE FOR BETTER DEVELOPMENT THAN SINGLE FAMILY AND COMMENTED THAT INDIAN RIVER SHORES HAS AGREED WITH THIS. HE REPORTED THAT THEY DO HAVE A RECOMMENDATION ON A MULTI -FAMILY 6 UNIT PER ACRE ZONE WHICH WOULD BE CONSISTENT WITH THE PROJECTIONS FOR THE AREA AND WOULD CREATE A NEW ZONE SO THAT THE BOARD WOULD HAVE THE OPPORTUNITY TO ANALYZE EACH PARTICULAR REQUEST. MR. REVER COMMENTED THAT THE MAJORITY OF THE LAND IN THE AREA BEING DISCUSSED IS NOT ZONED HIGH DENSITY, BUT IS IN R-1. HE SUGGESTED THAT POSSIBLY FLORIDA LAND COMPANY, WHICH IS R-2, COULD BE REZONED DOWN TO THE LEVEL OF THE PROPOSED NEW ZONING AND THE RE- MAINDER OF THE PROPERTY IN THE AREA LEFT ALONE UNTIL REQUESTS COME IN TO REZONE, COMMISSIONER SCURLOCK ASKED HIS OPINION ON THE BINDING LETTER, AND MR. REVER STATED THAT IT WOULD BE VERY USEFUL TO HIS STAFF AND TO THE COUNTY. COMMISSIONER SCURLOCK ASKED IF MR. REVER IS SUGGESTING ENACTMENT OF A NEW 6 UNIT MULTI -FAMILY DISTRICT AND ALSO A BINDING LETTER ORDINANCE. MR. REVER STATED THOSE BASICALLY ARE THE TWO HE WOULD SEEK TO HAVE DONE, HE NOTED THAT THE ZONING THEY ARE DEVELOPING ALONG WITH THE PROPOSED MASTER PLAN WOULD SUPPORT THAT KIND OF DEVELOPMENT, AND THERE WOULD BE NO NEED TO REZONE THE AREA AGAIN. COMMISSIONER SCURLOCK ASKED IF MR. REVER FELT THEY HAVE ENOUGH DOCUMENTATION TO SUPPORT THIS. 58 DEC 31980 BOOK 45 -PAG -..390 PLANNING DIRECTOR REVER INFORMED THE BOARD THAT HE HAS A WHOLE PROGRAM WHICH HE WOULD LIKE TO AIR. HE NOTED THERE ARE DEFINI- TIONS SET IN THE PRESENT PLAN WHICH CALL MEDIUM DENSITY ANYTHING OVER FOUR UNITS UP TO AND INCLUDING 12, WHICH IS QUITE A LATITUDE'. MR. REVER FELT THAT THE NEW LAND USE PLAN WILL PROPOSE A CAP OF SIX UNITS PER ACRE FOR ANYTHING NORTH OF THE INDIAN RIVER SHORES TOWN LINE TO THE COUNTY BOUNDARY. HE CONTINUED THAT IT WAS PROPOSED BY THE FORMER BOARD THAT THE PLANNING DEPARTMENT COME UP WITH AN INTERIM PLAN THAT WOULD ACCOMMODATE MULTI -FAMILY DWELLINGS AT SIX UNITS PER ACRE, AND DEVELOPERS HAVE INDICATED THEY COULD LIVE WITH THIS. MR. REVER AGREED THAT SUCH MULTI -FAMILY ZONING WOULD MAKE FOR BETTER DEVELOPMENT THAN SINGLE FAMILY AND COMMENTED THAT INDIAN RIVER SHORES HAS AGREED WITH THIS. HE REPORTED THAT THEY DO HAVE A RECOMMENDATION ON A MULTI -FAMILY 6 UNIT PER ACRE ZONE WHICH WOULD BE CONSISTENT WITH THE PROJECTIONS FOR THE AREA AND WOULD CREATE A NEW ZONE SO THAT THE BOARD WOULD HAVE THE OPPORTUNITY TO ANALYZE EACH PARTICULAR REQUEST. MR. REVER COMMENTED THAT THE MAJORITY OF THE LAND IN THE AREA BEING DISCUSSED IS NOT ZONED HIGH DENSITY, BUT IS IN R-1. HE SUGGESTED THAT POSSIBLY FLORIDA LAND COMPANY, WHICH IS R-2, COULD BE REZONED DOWN TO THE LEVEL OF THE PROPOSED NEW ZONING AND THE RE- MAINDER OF THE PROPERTY IN THE AREA LEFT ALONE UNTIL REQUESTS COME IN TO REZONE, COMMISSIONER SCURLOCK ASKED HIS OPINION ON THE BINDING LETTER, AND MR. REVER STATED THAT IT WOULD BE VERY USEFUL TO HIS STAFF AND TO THE COUNTY. COMMISSIONER SCURLOCK ASKED IF MR. REVER IS SUGGESTING ENACTMENT OF A NEW 6 UNIT MULTI -FAMILY DISTRICT AND ALSO A BINDING LETTER ORDINANCE. MR. REVER STATED THOSE BASICALLY ARE THE TWO HE WOULD SEEK TO HAVE DONE, HE NOTED THAT THE ZONING THEY ARE DEVELOPING ALONG WITH THE PROPOSED MASTER PLAN WOULD SUPPORT THAT KIND OF DEVELOPMENT, AND THERE WOULD BE NO NEED TO REZONE THE AREA AGAIN. COMMISSIONER SCURLOCK ASKED IF MR. REVER FELT THEY HAVE ENOUGH DOCUMENTATION TO SUPPORT THIS. 58 PLANNING DIRECTOR REVER STATED THAT THIS IS WHERE HE HIT THE NAIL ON THE HEAD - THAT THEY HAVE HAD TO TREAD SOFTLY BECAUSE THEY DO NOT HAVE SUFFICIENT INFORMATION, AND WITH A MORE ADEQUATE DATA BASE, THEY COULD MAKE A BETTER DECISION REGARDING THE PROPER DENSITIES. COMMISSIONER SCURLOCK ASKED IF HE WOULD FIND 6 UNITS PER ACRE ON THE NORTH BEACH APPLICABLE TO FLORIDA LAND COMPANY. MR. REVER STATED THAT HE WOULD. HE BELIEVED THEY THINK IT IS PUTTING SOMEWHAT OF A STRESS ON THEM, BUT OTHER DEVELOPERS HE HAS TALKED TO ARE AGREEABLE TO SUCH A DENSITY AND FEEL IT WILL STILL ALLOW THE DEVELOPER AMPLE OPPORTUNITY TO DEVELOP, COMMISSIONER BIRD NOTED THAT A COUPLE OF MONTHS AGO, THE COMMISSION REQUESTED THE PLANNING DEPARTMENT TO COME UP WITH A NEW CATEGORY, AND MR. REVER REPORTED THAT THEY CONSIDERED SEVERAL ALTERNATIVES AND NOW HAVE DEVELOPED WHAT THEY FEEL IS THE MOST FEASIBLE AND WOULD CAUSE THE LEAST AMOUNT OF TURMOIL. IT WOULD BE A NEW ZONE SO THE BOARD WOULD HAVE AN OPPORTUNITY FROM THE START TO ANALYZE EACH PROPOSAL REQUESTING THIS ZONE, AND IT WOULD BE IN 6 UNITS PER ACRE WHICH IS IN LINE WITH THEIR THINKING ON THE PROPOSED COMPREHENSIVE PLAN BASED ON THE DATA THEY HAVE SO FAR. COMMISSIONER WODTKE INQUIRED ABOUT TIMING, AND MR. REVER STATED THAT THEY ALREADY HAVE A PROPOSAL ON SUCH AN ORDINANCE, AND IT WOULD JUST BE A MATTER OF ADVERTISING AND HAVING IT COME BEFORE THE BOARD. HE BELIEVED THEY WOULD LIKE TO HAVE A RECOMMENDATION FROM THE PLANNING & ZONING COMMISSION. ATTORNEY COLLINS NOTED THAT THIS COULD BE DONE AND TAKEN UP AT THE SECOND MEETING IN JANUARY. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISING A 6 UNIT PER ACRE MULTI -FAMILY ZONE ORDINANCE FOR PUBLIC HEARING AT THE SECOND MEETING IN JANUARY, CHAIRMAN LYONS BELIEVED THAT THIS REPRESENTS A STEP IN THE RIGHT DIRECTION. DEC 31980 59 maK 45 PAA91-,� DEC 3 19 90 VOK : ,45. m492 COMMISSIONER SCURLOCK WISHED TO DISCUSS A BINDING LETTER ORDINANCE, WHICH HE FELT WOULD BE HELPFUL, ESPECIALLY ON THE BARRIER ISLAND. CHAIRMAN LYONS WONDERED IF THE BOARD WOULD BE WILLING TO INCORPORATE IN SUCH AN ORDINANCE A PROVISION THAT WHEN WE GET INTO LARGE DEVELOPMENTS, THAT THE SITE PLAN OUGHT TO COME BEFORE THE - COMMISSION SO WE CAN BE SURE ALL REQUIREMENTS ARE PROPERLY MET, SUCH AS ENOUGH TRAFFIC SIGNALS, TURNING LANES, WHETHER WE SHOULD PAVE MORE OF THE SURROUNDING AREA, ETC. COMMISSIONER BIRD ASKED IF THE BOARD HAS THAT LATITUDE OR WHETHER IT IS AUTOMATIC THAT THE SITE PLAN REVIEW STOPS AT THE PLANNING & ZONING COMMISSION LEVEL. ATTORNEY COLLINS NOTED THAT THERE IS AN APPEAL AUTHORITY, AND COMMISSIONER BIRD ASKED IF THE BOARD HAS THE RIGHT TO REQUEST A FINAL REVIEW. IT WAS NOTED THAT THE ORDINANCE DOES NOT ANTICIPATE THAT. CHAIRMAN LYONS REITERATED THAT HE WOULD LIKE TO MOVE THIS UP, POSSIBLY ON PROJECTS OF 200 UNITS OR MORE, SHOPPING CENTERS, ETC, STAFF. COMMISSIONER SCURLOCK FELT WE NEED A RECOMMENDATION FROM CHAIRMAN LYONS NOTED THAT THE STAFF IS VERY BUSY, AND HE SUGGESTED THAT THE ATTORNEY DRAFT SOMETHING AND SHOW IT TO STAFF. ATTORNEY COLLINS STATED THAT HE WOULD BE HAPPY TO WORK WITH PLANNING DIRECTOR REVER ON THIS. COMMISSIONER WODTKE NOTED THAT THE DRI THRESHOLD OF 750 WAS SET BY THE STATE, AND ONCE WE WENT OVER 50,000 POPULATION, OUR THRESH- OLD WENT TO 750, HE WISHED TO KNOW IF WE ENACT A LOCAL ORDINANCE ESTABLISHING A THRESHOLD AT 500, WHETHER ANYTHING BETWEEN 500 AND 750 WOULD BE REVIEWED BY THE REGIONAL PLANNING COUNCIL AS A DRI. ATTORNEY COLLINS STATED THAT IT WOULD NOT - THAT THE PURPOSE OF THE ORDINANCE IS ONLY TO REQUIRE THAT A BINDING LETTER BE OBTAINED STATING THAT IT IS OR IS NOT A DRI. COMMISSIONER WODTKE DISCUSSED REGIONAL IMPACT, BUT FELT WE NEED TO ADDRESS IN OUR LOCAL ORDINANCE A WAY TO IMPLEMENT IMPACT FEES SO WE CAN BE SURE OUR COMMERCIAL DEVELOPMENTS AND LARGE PROJECTS ARE GOING TO HAVE TO PUT IN THE NEEDED TRAFFIC LIGHTS, TURNING Rn � � r LANES, ETC. HE STATED THAT HE WOULD LIKE TO THINK MORE ABOUT A BINDING LETTER ORDINANCE AND ABOUT COMMISSION REVIEW OF SITE PLANS OF EVERYTHING OVER 200 UNITS. COMMISSIONER WODTKE CONTINUED THAT HE WISHED THINGS WERE MOVING FASTER, BUT IN REGARD TO REZONING BEFORE OUR MASTER PLAN IS FINISHED, HE HAD NEVER HEARD OF TEMPORARY REZONING. HE FELT OUR POSITION WILL BE STRONGER AFTER THE BARRIER ISLAND STUDY AND THAT WHAT IS OCCURRING WITH THE COMPREHENSIVE PLAN BETWEEN NOW AND .JULY WILL ADDRESS A LOT OF THESE THINGS. HE REITERATED THAT HE WOULD LIKE TO NEGOTIATE WITH THOSE WHO ARE PRESENTLY ZONED FOR 15 UNITS PER ACRE, BUT FELT TO JUST GO IN AND REZONE TO 4 UNITS PER ACRE ANY UNOCCUPIED PROPERTY WOULD PUT US IN COURT FOREVER. COMMISSIONER FLETCHER BELIEVED WE ARE WISHFULLY THINKING THAT STUDIES AND PROFESSIONALS WILL SET A GOAL FOR US, AND IF WE WANT TO MAINTAIN THE QUALITY OF LIFE IN THIS COUNTY, IT IS TIME WE FOUND ENOUGH COURAGE TO GO AHEAD WITHOUT SOME TRADITIONAL PRECEDENCE, HE WAS OF THE OPINION THAT THE PLANNING STAFF IS PUTTING TOO MUCH EMPHASIS ON THE ECONOMIC IMPACT ON DEVELOPERS AND NOT ENOUGH ON THE ECOLOGICAL IMPACT, AND HE BELIEVED THAT WHEN DEVELOPERS SEE THAT INDIAN RIVER COUNTY HAS FIRMED UP THE NUMBER OF FOLKS IT HAS DE- TERMINED THIS LAND CAN HOLD AND LIVE IN HARMONY, THE DEVELOPERS WILL BE JUST AS PLEASED. COMMISSIONER FLETCHER DID NOT FEEL WE ARE GOING TO ACCOMPLISH THIS UNLESS WE DO AGREE TO SET THAT NUMBER OF FOLKS AND THEN SIT HERE AND DEFINE IT. COMMISSIONER SCURLOCK NOTED THAT YOU CANT JUST PICK A NUMBER OF FOLKS; THAT HAS BEEN HELD UNCONSTITUTIONAL; AND COMMIS- SIONER WODTKE POINTED OUT THAT IS WHAT WE ARE IN THE PROCESS OF DOING IN DEVELOPING OUR COMPREHENSIVE PLAN. COMMISSIONER LYONS AGREED WITH MR. FLETCHER°S THINKING AND REITERATED THAT HE BELIEVED OUR POSITION IS PERFECTLY DEFENSIBLE IF WE REZONE THIS PROPERTY IN ACCORDANCE WITH OUR EXISTING MASTER PLAN; HE FELT THE ATTORNEY WOULD BACK HIM UP ON THIS, ATTORNEY COLLINS STATED THAT HE DID CONCUR WITH THAT. '�$ BOOK 5. PAGE+ 93 DEC a 61 DEC 3198 BOOK 45 PAcE 394 PLAN NOW. COMMISSIONER-WODTKE POINTED OUT THAT WE ARE UPDATING THAT CHAIRMAN LYONS NOTED THAT MEDIUM DENSITY GOES FROM 4 - IO AND 6 IS WITHIN THAT RANGE, AND HE IS SAYING THAT WE WOULD NOT BE INCONSISTENT WITH EITHER THE OLD OR PROPOSED NEW PLAN IF WE WERE TO GO AHEAD AND REZONE THE AREA NORTH OF THE TOWN OF INDIAN RIVER SHORES TO 6 UNITS PER ACRE. COMMISSIONER WODTKE ASKED IF WE HAVE ADOPTED THE IMPLEMENTA- TION ORDINANCE FOR THE OLD MASTER PLAN, AND PLANNING DIRECTOR REVER NOTED THAT WE HAVE A ZONING ORDINANCE WHICH ACTUALLY IS THE IMPLE- MENTATION ORDINANCE FOR THAT PLAN, THE TOOLS OF IMPLEMENTATION ARE THE SUBDIVISION REGULATIONS, SITE PLAN ORDINANCE, ZONING ORDINANCE, ETC., AND HE BELIEVED IT IS BEING SUGGESTED THAT WE MODIFY THOSE EXISTING TOOLS UNTIL SUCH TIME AS THE NEW PLAN IS ADOPTED AND THEN ADJUST THEM AGAIN TO ACCOMMODATE WHATEVER CHANGES ARE NECESSARY. ATTORNEY COLLINS BELIEVED WE WILL SET CRITERIA AND THEN WE WILL SET A PLAN TO BRING OUR CURRENT PLANNING INTO CONFORMANCE; THAT POLICY HAS NOT BEEN ADOPTED. MRS. GROVER FLETCHER ASKED IF THE HEALTH DEPARTMENT HASN'T, IN EFFECT, ALREADY ESTABLISHED DENSITY FOR THE COUNTY BY REQUIRING THAT YOU HAVE HALF AN ACRE IN ORDER TO HAVE A HOUSE AND A SEPTIC TANK AND A WELL. COMMISSIONER SCURLOCK NOTED THAT THE STATE NOW HAS CHANGED THESE REQUIREMENTS, AND PLANNING DIRECTOR REVER EXPLAINED THAT THAT REQUIREMENT DOES NOT APPLY TO DEVELOPMENTS OF SIZE THAT HAVE THEIR OWN WATER AND WASTEWATER SYSTEMS. MRS. FLETCHER POINTED OUT THAT THERE IS ONLY A LIMITED AMOUNT OF WATER AVAILABLE, AND COMMISSIONER FLETCHER FURTHER NOTED THAT THE HEALTH DEPARTMENT HAS SET STANDARDS RE THE FIGURE OF DIS- SOLVED SOLIDS IN POTABLE WATER. CHAIRMAN LYONS POINTED OUT THAT YOU CAN TREAT WATER. ATTORNEY STEVE HENDERSON INFORMED THE BOARD THAT ONE OF THE PROBLEMS FLORIDA LAND COMPANY HAS HAD WITH THEIR SITE PLAN APPROVAL HAS BEEN THE LACK OF ASCERTAINABLE STANDARDS THAT THEY COULD GO BY TO DEMAND THE DRI BINDING LETTER. HE THEN LISTED THREE REASONS THEY DID NOT WANT TO APPLY FOR A BINDING LETTER - COST, THE TIME ELEMENT, AND A LITTLE BIT OF PRINCIPLE THROWN IN, THAT BEING THAT THIS APPLICANT HAS GONE BY THE PLANNING OFFICE PROCEDURE AND WAS SUBJECTED TO A REQUIREMENT WHICH, TO HIS RECOLLECTION, HAS NOT BEEN BROUGHT UP BEFORE NOR IS IT THE SUBJECT OF AN ORDINANCE OR A STATUTE. ATTORNEY HENDERSON STATED THAT MR. CLARK OF FLORIDA LAND COMPANY FEELS THAT THE DEVELOPER OUGHT T0, AT LEAST, HAVE THE BENEFIT OF KNOWING WHAT IS EXPECTED OF HIM IN ADVANCE, ATTORNEY HENDERSON CONTINUED THAT AS TO THE DRI AND THE 6 UNITS PER ACRE, CONCEPTUALLY THEY WOULD HAVE NO PROBLEM WITH THAT AS LONG AS IT IS NOT APPLIED TO THEIR PROPERTY; THEY FEEL THEIR ZONING WOULD BE VESTED BY THIS TIME AND WANT THAT ON THE RECORD. ATTORNEY HENDERSON STATED THAT THE DEVELOPER WOULD HAVE NO PROBLEM WITH REZONING THE 50 ACRES OF R-2 PROPERTY DOWN TO R -2B AS HE DOES NOT INTEND TO EXCEED 8 UNITS PER ACRE, AND, IN FACT, HE MIGHT EVEN BE RECEPTIVE TO GOING LOWER THAN S IF THE COUNTY SAID THEY HAD A REAL PROBLEM IN THE AREA AND FELT S IS TOO MUCH. ATTORNEY HENDERSON ADDED THAT CONCURRENTLY WITH ANY SITE PLAN PROCESS, THEY WOULD AGREE TO APPLY FOR REZONING TO R -2B AND THE SITE PLAN APPROVAL COULD BE MADE CONTINGENT ON THAT REZONING. COMMISSIONER SCURLOCK DISCUSSED REZONING ACCORDING TO THE 1975 MASTER PLAN AND ASKED IF ANY OF THE DENSITIES CALLED FOR BY THAT PLAN ARE LOWER THAN THE PROPOSED DENSITIES IN THE NEW PLAN. MR. REVER BELIEVED IF THERE ARE ANY, THEY WOULD BE SMALL PARCELS - MOST OF THIS PROPERTY IS ZONED R-1 OR HIGHER. COMMISSIONER SUCRLOCK FELT IF THE OVERALL PRESENT PLAN IS LESS RESTRICTIVE THAN WHAT WE SEEM TO BE GOING T0, HE WOULD HAVE NO OBJECTION TO MOVING FORWARD, DEC 31980 63 Boa, 45 PAGE -3915 �ooK 45 PAGE 396 COMMISSIONER-WODTKE ASKED HOW IN A MEDIUM DENSITY, WHICH Is 4 - 12, YOU DETERMINE WHETHER TO MAKE IT 6 OR 8; HE NOTED THAT IT IS NOT JUST AS SIMPLE AS ZONING TO COMPLY TO THE MASTER PLAN. ATTORNEY COLLINS STATED THAT BASICALLY MOST OF THE LAND IS ZONED FOR A LOWER DENSITY WITH SINGLE FAMILY ZONING. HE FELT THE BOARD MIGHT WANT TO CONSIDER THAT THOSE AREAS CAN BE TAKEN CARE OF WITH THE ADOPTION OF THE NEW COMPREHENSIVE PLAN AND BELIEVED THE MAJOR CONCERN IS THE PROPERTY THAT IS ZONED FOR 15 UNITS PER ACRE. COMMISSIONER WODTKE AGREED WE SHOULD ADDRESS THAT INSTEAD OF TALKING ABOUT REZONING EVERYTHING ON THE BEACH. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM- MISSIONER SCURLOCK, TO AUTHORIZE THE CHAIRMAN TO CONTACT FLORIDA LAND COMPANY AND MAKE HIS SUGGESTED PROPOSAL IN REGARD TO REZONING TO 6 UNITS PER ACRE AND REMOVING THE BINDING LETTER REQUIREMENT. DISCUSSION CONTINUED, AND COMMISSIONER BIRD NOTED THAT THEY ARE TALKING ABOUT A LARGE AREA. MR. REVER CONCURRED TO REZONE THE ENTIRE AREA RIGHT NOW WOULD BE A WHOLE LOT OF WORK FOR NOTHING, BUT IF WE HAVE THIS OTHER CATEGORY, HE BELIEVED WE WOULD HAVE SOMETHING TO WORK WITH. DISCUSSION ENSUED ON THE POSSIBILITY OF A MORATORIUM . COMMISSIONER SCURLOCK STATED THAT A MORATORIUM SCARED HIM; THE PROPERTY OWNER HAS CERTAIN RIGHTS AND YOU NEED TO STRIKE A BALANCE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSION FLETCHER VOTING IN OPPOSITION. CHAIRMAN LYONS EMPHASIZED THAT HE WOULD LIKE SOME ACTION REGARDING THE BOARD REVIEWING SITE PLAN APPROVAL FOR DEVELOPMENTS OF OVER 200 UNITS AND SHOPPING CENTERS, AND ATTORNEY COLLINS STATED THAT HE WOULD TAKE A SHOT AT COMING UP WITH A DRAFT. COMMISSIONER BIRD WENT ON TO DISCUSS WHETHER THE BOARD INTENDED TO BYPASS THE PLANNING & ZONING COMMISSION. CAROLYN EGGERT OF THE PLANNING & ZONING COMMISSION FELT THAT BYPASSING THE PLANNING & ZONING COMMISSION WOULD TAKE PART OF THE OVERALL PICTURE OUT AND WOULD NOT BE FAIR TO THE GENERAL PUBLIC, CHAIRMAN LYONS AGREED WE DO NOT WANT TO DO THAT, AS DID THE BOARD IN GENERAL. STATIONERY FOR COUNTY COMMISSIONERS CHAIRMAN LYONS STATED THAT HE WAS NOT SATISFIED WITH HIS PRESENT PROPOSAL REGARDING STATIONERY AND WOULD WITHDRAW THIS MATTER FROM THE AGENDA. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISING A PUBLIC HEARING FOR 75' SETBACKS ON STATE ROAD 60 WITHIN CERTAIN BOUNDARIES. RESIGNATION AND APPOINTMENT TO PLANNING & ZONING COMMISSION - RESOLUTIONS 80-129 AND 80-130 COMMISSIONER FLETCHER INFORMED THE BOARD THAT WE ARE IN RECEIPT OF A LETTER OF RESIGNATION FROM HAROLD WINKLER OF THE PLANNING & ZONING COMMISSION. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-129 ACCEPT- ING THE RESIGNATION OF HAROLD WINKLER FROM THE PLANNING '& ZONING COMMISSION EFFECTIVE AS OF DECEMBER 4TH AND THANKING HIM FOR HIS SERVICES ON THE BOARD. SAID RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. COMMISSIONER FLETCHER THEN OFFERED FOR THE CONSIDERATION OF THE BOARD, THE NAME OF MRS. MARGARET BOWMAN AS MR. WINKLER'S REPLACEMENT. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER SCURLOCK, COMMISSIONER WODTKE VOTED IN OPPOSITION, THE BOARD ADOPTED RESOLUTION 80-130 APPOINTING MRS. MARGARET BOWMAN TO THE PLANNING & ZONING COMMISSION EFFECTIVE AS OF DECEMBER 4TH TO REPLACE HAROLD WINKLER- DEC 31980 65 BOOK 5- PAGE397 DEC 31980 RESOLUTION NO. 80-130 45 PAGE 38 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That MARGARET BOWMAN is hereby appointed to the Indian River County Planning and Zoning Commission from District 1, for a term of four (4) years. Said Resolution shall become effective as of the 3rd day of December 1980. BOARD OF COUNTY COMMISSIONERS OF INDIAN.AIVER COUNTY, FLRfiIDA 0 Attest:. J --h' )",' 6)1, . -al FredaWright, Jerk . Lyofts, /Clkairman OUT -OF -COUNTY TRAVEL - COMMISSIONERS AND ATTORNEY COMMISSIONER FLETCHER STATED THAT HE WOULD LIKE TO HAVE PERMISSION TO ATTEND THE S.A.C.C. ORIENTATION SEMINAR° ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ANY COMMISSIONER AND THE ATTORNEY TO ATTEND THE STATE ASSOCIATION OF COUNTY COMMISSIONERS' ORIENTATION SEMINAR IN TALLAHASSEE, ON-GOING PROJECTS - CEMETERY POLICY COMMISSIONER BIRD INQUIRED ABOUT THE STATUS OF THE UNIFORM POLICY FOR CEMETERIES, AND ADMINISTRATOR NELSON INFORMED HIM THAT THE INTERGOVERNMENTAL COORDINATOR IS WORKING ON THIS. APPOINTMENT TO PLANNING -& ZONING COMMISSION - RESOLUTION 80-131 COMMISSIONER BIRD ANNOUNCED THAT HE HAD A RECOMMENDATION FOR AN APPOINTMENT TO THE PLANNING & ZONING COMMISSION AS A REPLACE- MENT FOR PAUL PARENT AS PER THE FOLLOWING RESUME SUBMITTED TO THE BOARD FOR THEIR REVIEW. DEC 31980 66 BOOK 45 Pacti39 9 DEC 31980 NAME: AGE: PERSONAL RESUME RICHARD R. McCLEARY 37 HEALTH: EXCELLENT MARITAL STATUS: MARRIED (Wife: Janet) Bm 45 PAGE,400 CHILDREN: Son: Richard P. McCleary, age 16, currently enrolled as student at Woodberry Forest School, Woodberry Forest, Virginia Daughter: Paige,.age 11, currently enrolled as student at St. Edwards School, Vero Beach, Florida BORN: Baltimore, Maryland - Resided at Ocean City, Maryland, from 1948 until September 1979. RESIDENCE: The Moorings, Vero Beach, Florida EDUCATION: High School: Stephen Decatur High School, Berlin, Maryland (1961) College: B.A. Degree, University of Maryland, College Park, Maryland, 1965 (Honors) L.L.B., University of Maryland School of Law, Baltimore, Maryland, 1969 EXPERIENCE: 1970-1979 Chief Settlement Officer, Law Firm of Eschenburg & Groton, P.A., Berlin, Maryland - Duties included but not limited to supervising property transactions and legal research. Experience includes extensive diversification in all areas of real estate, ranging from single family homes to condominium projects, syndications, and interval ownership. The past 10 years has included dealing with State, County, and City agencies in the State of Maryland concerning problems as they applied to a rural, agricultural County and a resort -oriented City located on Maryland's barrier island. Presently, is associated as a Limited Partner in the Driftwood project and recently purchased Odom Aviation, Inc. (Air Charter and Air Ambulance) and its appurtenant hanger located at the Vero Beach Municipal Airport, North Ramp. MEMBERSHIPS: Vero Beach Ducks Unlimited (National Conservation organization) "100 Club, Vero Beach, Florida The Moorings Property Owners' Association, Vero Beach, Florida Parents' Association, St. Edwards School, Vero Beach, Florida ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-131 APPOINTING RICHARD MCCLEARY TO THE PLANNING & ZONING COMMISSION EFFECTIVE AS OF DECEMBER 4, 1980, TO FILL THE UNEXPIRED TERM OF PAUL PARENT. RESOLUTI01i NO. 80-131 BE IT RESOLVED BY THE BOARD OF COUNTY C014MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That RICHARD R. McCLEARY is hereby appointed to the Indian River County Planning and Zoning Commission from District 5, for a term of four (4) years. Said Resolution shall become effective as of the 3rdday of December 1580. BOARD OF COUNTY COMMISSIONERS OF INDIAN/AJVER COUNTY, FLORIDA By t B . Lyons , C' airman Attest: Freda Wright,' )Clerk DEC 3 1980 aoa 45 PAGE 401-- DEC- 31980 BOOK 45 FAGS 402 CONTRACT WITH WELLFORD HARDEE RE LAND FOR THE GIFFORD SEWAGE PLANT SITE, AS APPROVED AT THE MEETING OF OCTOBER 8, 19801 HAS BEEN RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. DEED TO ROBERT I. GALE IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF JUNE 25, 1980. C 0 U N T Y D E E D THIS DEED, made this 5th day of December 19 80 , by INDIAN RIVER COUNTY, Florida, party of the first part, and ROBERT I. GALE, 4Q9 West 16th Street, Kansas City, Missouri 64114 party of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of ------------------------ -- -------ONE AND NO/100------------- DOLLARS ($1.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, the following described land lying and being in Indian River County, Florida: PARCEL I: From the Southeast corner of Lot 8, Block II, Indian River IIeights, Unit No. 4, as recorded in Plat Book 6, page 86, run North along the East line of said Lot 8 a distance of 15.15 feet- to the point of beginning. Thence continue North a distance of 59.85 feet to a point, said point being the intersection of the Easterly projection of the North line of Lot 8 and Northerly extension of the last line of said Lot 8; Thence run West along said Easterly projection a distance of 7.14 feet to the intersection of the curved right-of-way of 14th Avenue; Thence run Southeasterly along the arc of said curve being concave to the Southwest, havinq a delta angle of 13 degrees, 36'11" and a radius of 254.42 feet, a distance of 60.40 feet to the point of beginning. PARCEL II: From the Southwest corner of Lot 9, Block H, Indian River IIeights, Unit No. 4, as recorded in Plat Book 6, page 86, Indian River County Public Records, run East along the South line on said Lot 9 a distance of 122.89 feet to the West right-of-way of 14th Avenue and point of beginning; Thence continue along the Easterly projection of the said South line of Lot 9 a distance of 7.14 feet; Thence run North along the Northerly projection of the West right-of-way of 14th Avenue a distance of 195.20 feet to the interesection of the Easterly projection of the South right-of-way of 2nd Street: Thence run West along said Easterly projection of 2nd Street a distance of 130.12 feet to a point, said point being the intersection of the South right- of-way of 2nd Street and the Northerly projection of the West line of said>Lot 9; Thence run South along BOOR 4r PAGE403 DEC 31980 _....,.-_:r..y,.�-,�;.,.�.,.�.-,--_.--.-`. - _ ,. -:_.__ ., ..... - ---- - - - .....� �..,. :' Vis` ^t.•".,,_vru_a_..L6.:�; {a� r;�E-C 31990 aooK 45 404' said Northerly projection a distance of 32.86 feet to the intersection of a curve; Thence run Southeasterly along the arc of said curve being concave to the Southwest, and having a delta of 47 degrees 08'49" and a radius of 254.42, a distance of 209.35 feet to the point of beginning. Party of the first part makes no representation of owning any interest in part or all of the property described herein. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ,•� '.,p,r , :'(9FFICIAL SEAL1 5'ler)c of ;the Circuit Coq�t of `. Incyan Ri-,Or County, Florida a BYITS RD OF COUNTY CO ISSIONERS .�w . ` By: •',� Chai tali Adopted 6-25-80 This instrument was prepared by: Richard P. Bogosian, Attorney at Law 1418 - 21st Street Vero Leach, Florida 32960 305-567-3400 ',«1b!7F,rri44) CD ',«1b!7F,rri44) L-A 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 Nos, 68677 - 68786 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 BONDS 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 5:10 O'CLOCK P.M. ATTEST: CLERK DEC 31990 71 Boa 45 PAGE405