HomeMy WebLinkAbout4/4/1984Wednesday, April 4, 1984
The Board of County Commissioners of Indian River
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, April 4, 1984, at 9:00 o'clock A.M. Present
were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice
Chairman; William C. Wodtke, Jr., and Richard N. Bird.
Commissioner Margaret C. Bowman was absent due to illness.
Also present were Michael J. Wright, County Administrator;
Gary Brandenburg, Attorney to the Board of County
Commissioners; L. S. "Tommy" Thomas, General Services
Director; Jeffrey K. Barton, OMB Director; and Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Reverend John Miller, Treasure Coast Cathedral, gave
the invocation and Chairman Scurlock led the Pledge of
Allegiance to the Flag.
ADDITIONS TO -THE AGENDA
Commissioner Wodtke requested the addition to today's
Agenda of a brief discussion re the South Beach annexation
issue.
APR 4 1984
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0), Commissioner Bowman being
absent), added the above item to today's Agenda.
BOOK 56 PAGE 511
APS 4'W4 .
BOOK 56 PnE 512
Attorney Brandenburg requested the addition to today's
Agenda of a discussion regarding the staffing of the County
Attorney's office.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) added the above item to
today's Agenda.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any corrections
or additions to the Minutes of the Regular Meeting of
March 7, 1984. There were none.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) approved the Minutes of
the Regular Meeting of 3/7/84, as written.
Chairman Scurlock asked if there were any corrections
or additions to the Minutes of the Regular Meeting of March
14, 1984. There were none.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) approved the Minutes of the
Regular Meeting of 3/14/84, as written.
CONSENT AGENDA
Chairman Scurlock requested that Item E be removed from
the Consent Agenda at this time, and Commissioner Wodtke
requested that Items G and H also be removed.
2
A. Reappointments to Board of Zoning Adjustment and Appeals `
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) reappointed John Kirchner
to the Board of Zoning Adjustment and Appeals,
term to expire January, 1986.
B. Reappointments to Code Enforcement Board
The Board reviewed the following memo dated 3/19/84:
TO: Board of County
Commissioners
GATE: March 19, 1984 FILE:
SUBJECT: Reappointment - Code
Enforcement Board
FROM: ,ran Masi, Secretary REFERENCES:
Code Enforcement Board
This memorandum is to respectfully request that Charles
E. Block and Mack B. May, each, be reappointed to serve
for a 3 -year term on the.Code Enforcement Board.
Thank you for your consideration.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
reappointed Charles E. Block and Mack May to
the Code Enforcement Board for 3 -year terms.
K]
APR 4 1984 BOOK 56 WE 513
BOOK 56`PAGE 514
C. Appointment to the Finance Advisory Board
The Board reviewed the following memo dated 3/20/84:
TO: Board of County DATE: March 20, 1984 FILE:
Commissioners b
SUBJECT: Finance Advisory Board -
New Appointment
FROM: Commissioner Don C. REFERENCES:
Scurlock, Jr.
Since there has been no recommendation from the Commission
regarding appointments to the Finance Advisory Committee, I have
taken it upon myself to ask Mr. John Morrison to serve, and
Mr. Morrison has agreed to do so. Therefore, I respectfully
request that the Board appoint Mr. Morrison to serve for the
regular term of office of two years on the Finance Advisory
Committee.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
appointed John Morrison to the Finance
Advisory Board for a 2 -year term.
4
D. Request for Execution of Joint Funding Agreement for
Water Resources Study
The Board reviewed the following memo dated 3/27/84:
TO: The Honorable Members DATE: March 27, 1984 FILE:
of the Board of
County Commissioners
Request for Execution
SUBJECT: of Joint Funding
Agreement for Water
Resources Study
FROM: Robert M. Keating, AICP - EFERENCES:
Planning_& Development Director
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of April 4, 1984.
On December 1, 1982, the Board of County Commissioners
entered into a joint funding agreement with the U.S. Geolog-
ical Survey for water resources investigations. As ap-
proved, the water resources study is a three year project
with the U.S.G.S. having the lead role. Begun in FY 82/83,
the project is currently in its second year with completion
expected in the 84/85 fiscal year.
Throughout the project period, the U.S.G.S. personnel have
been working extensively with the Planning Department staff.
Much of the work completed to date has involved data col-
lection, sampling, and other field studies. -Although-
detailed analyses of the data have not yet been completed,
the U.S.G.S. has provided the staff with useful information.
The Planning Department has monitored the status of this
project and is satisfied with the progress made to date.
The U.S.G.S. has recently sent three copies of the Joint
Funding Agreement between Indian River County and the
U.S.G.S. for the October 1, 1983 to September --'30, 1984
fiscal year. This agreement commits the County to its
$38,000 share of the project's cost for the 1983/1984 fiscal
year. This amount, however, was budgeted for the current
fiscal year and is available.
RECOMMENDATION
The staff recommends that the Board of County Commissioners
approve the attached joint funding agreement and authorize
its execution.
5
APR -41984
BOOK 56 PAGE 515
I
BOOK 56. PAGE 5;16
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) approved the Joint Funding
Agreement for Water Resources Study and
authorized the Chairman's signature, as
recommended by staff.
Form 9-1366 P
(Rev. •8-82) De artment of the Interior
Geological Survey
Joint Funding Agreement
FOR
WATER RESOURCES INVESTIGATIONS
THIS AGREEMENT is entered into as of the 1st day of October 103 by the GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the
INDIAN RIVER, BOARD OF COUNTY COMMISSIONERS
party of the second part.
I. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be
maintained in cooperation AN INVESTIGATION OF WATER RESOURCES
hereinafter called the program.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program,
but excluding any general administrative or accounting work in the office of either party.
(a) $ 38, 000.00 by the party of the first part during the period
October 1, 1983 to September 30, 1984
(b) $ 38,000.00 by the party of the second part during the period
October 1, 1983 to September 30, 1984
(c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agree-
ment and set forth in an exchange of letters between the parties.
3. Expenses incurred in the performance of this program may be paid by either party in conformity with the taws and regulations respectively
governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first
part with appropriate reimbursement thereafter by the party of the second part. Each party shall furnish to the other party such statements or
reports of expenditures as may be needed to satisfy fiscal requirements.
4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized
representative of the party of the first part.
S. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized represent-
atives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of
accuracy subject to modification by mutual agreement.
6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party,
and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written
notice to the other party. -
7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become
part of the records of that office. Copies shall be furnished to the party of the second part upon request.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The reaps, records
or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the
results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at
cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports
published by either party shall contain a statement of the cooperative relations between the parties.
By
Don C. Scurlock,
GEOLOGICAL SURVEY
UNITED STATES By G
DEPARTMENT OF THE INTERIOR _—R-oard ofCounty missioners
For the District Chief
By
(SIGNATURE & TITLE) By
SUBDISTRICT CHIEF
(USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) -
4Y.m. aOWWOMS a ►"tins mm., 1082-381-820/15
F. Budget Amendment, Property Appraiser
The Board reviewed the following memo dated 3/22/84:
TO: Board of County Commissioners DATE: March 22, 1984 FILE:
SUBJECT: Property Appraiser
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
The following budget amendment is to correctly allocate the revenue and expense
of the Property Appraisers' portion of the cost of the printer.
Account Title
Property Appraiser
Office Furn & Equip
Account No.
001-000-341-56.00
001,!!500-513-66.41
Increase
5,000
5,000
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the
Decrease
Board unanimously (4-0) approved the above
budget amendment, as recommended by OMB
Director Barton.
I. IRC Bid #198 - (1) New 1984 1 -Ton Cab & Chassis
The Board reviewed the following memo dated 3/26/84:
TO: Board of County Commissioners DATE: March 26, 1984 FILE:
THRU: Michael Wright SUBJECT: IRC BID #198- (1) New 1984
County Administrator 1 Ton Cab & Chassis
FROM:(� ����REFERENCE
S.
Carolyn.Goodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received March 20, 1984 at 11:00 A.M. for IRC Bid #198 - (1)
New 1984 1 Ton Cab & Chassis with Service Body for the Utilities De-
partment.
16 Bid Proposals were sent out, 5 Bids were received.
7
APR 4 1984 BOOK '56 PACE 517
rr-
APR 4 1984
2. Alternatives and Analysis
BOOK56 PAGE 51R.
$14,000.00 was budgeted for an additional vehicle as the Utilities
Department has hired 2 additional personnel.
All bids met specifications. The low bid was submitted by Roger Whitley
Chevrolet, Tampa, Fl in the amount of $11,005.00.
The Cab & Chassis is available on Florida State Contract for $8676.00.
The service body installed on the cab & chassis would cost $3233.00.for
a total of $11,909.00.
3. Recommendation and Funding
It is recommended that IRC Bid #198 be awarded to the low bidder, Roger
Whitley Chevrolet, Tampa, F1. in the amount of $11.005.00 for a 1 Ton
Cab & Chassis with service body.
Funds to come for Account #471-235-536-66-42.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) awarded Bid #198 to the
low bidder, Roger Whitley Chevrolet, Tampa,
Florida, in the amount of $11,005 for a 1 -ton
Cab & Chassis with service body, as recommended
by Purchasing Manager Carolyn Goodrich.
8
em
I
BOARD OF COUNTY COMMISSIONERS
1.840 25th Street
oio ann
BID TABULATIONY,77
BID NO. DATE O�2�O NG
IRC BID #198 March 4
BID TIT E
One (11} New 1984 1/T Trk, Cab & Chas
a ��
4�j J�
s �
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT P
ITEM DESCRIPTION
NO.
1. One (1) New 1984, 1/T Truck
Cab & Chassis 1 Each
12375
00
11904
00
12998
10
11005
00
J
1322
-
09
2. Das required for Deliver
Das
60 da
s
60 da
,s
60
60
30
to
to
t
5 Da
E. Budget Amendment - Tracking Station
The Board reviewed the following memo dated 3/27/84:
TO: Board of County Commissioners DATE: March 27, 1984 FILE:
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Tracking Station
REFERENCES:
The following budget amendment is to record the revenue.s received from the State of
Florida, Recreation Development Assistance Program and the expenses relating to
the Tracking Station.
."Account Title Account No. Increase Decrease
Other Culture/Recreation 102-000=334-79,00 82,044
Other Impry/Except Bldgs, 102-210-572-66,39 82,044
0
APR 4 1984
L-1.1--
BOOK 56 FADE -519
APR 4 1984BOOK 56, FAGS 520
Chairman Scurlock asked if the boardwalk by Pebble
Beach Villas could be repaired with the money that was left
over from this project.
Administrator Wright advised that there is $20,000 left
over, but the boardwalk was not included in this particular
project.
General Services Director Thomas confirmed that the
boardwalk leading to the crossover at that location was not
included in the original DNR funds, but can be taken care of
in-house. The bids that have gone out are for the
demolition and replacement of the existing, somewhat
dilapidated structure there.
OMB Director Barton explained that the above budget
amendment just covers the funds that we have received from
the State so far.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) approved the above budget
amendment, as recommended by OMB Director Barton.
G. Bid #196 - Hardware for Traffic Signs
The
Board reviewed
the following memo dated
3/22/84:
FILE:
TO: Board of County
Commissioners
DATE: March 22, 1984
THRU: Michael Wright SUBJECT: IRC BID #196 - Hardware for
County Administrator Traffic Signs
FROM: REFERENCES:
Caro y Goodrich, Manager
Purcha ing Department
1. Description and Conditions
Bids were received March 20, 1984 at 11:00 A.M. for IRC #196 - Hardware -
Traffic Signs for the Traffic Engineering Department.
7 Bid Proposals were sent out, 3 bids were received.
10
-4
Alternatives and Analysis
This is an annual bid, effective April 1, 1984 through March 31, 1985; and the
County reserves the right to order any quantity of any item throughout the year.
Although Universal Signs (McCain Sales), Ft. Pierce, bid slightly lower on
Item 1, Municipal Supply & Sign Co., Naples is the overall low bidder.
Traffic Engineering purchases.more of Item #2 - 12/ft Galvanized Post, than
any other item on the bid.
3. Recommendations and -Funding
It is recommended that IRC #196 be awarded to the overall low bidder, Municipal
Supply & Sign Co., Naples, F1.
Funds budgeted in Account #004-245-541-35-36..
Commissioner Wodtke wondered if we would have received
a better bid if the bidders had been aware of how many of
these hardware items were purchased last year. Purchasing
Manager Goodrich explained that information for last year's
bids was available to anyone interested.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons , the Board
unanimously (4-0) awarded Bid #196 to the
low bidder, Municipal Supply & Sign Co.,
Naples, Florida, for hardware for traffic
signs for the Traffic Engineering Department,
as recommended by Purchasing Manager Goodrich.
Chairman Scurlock noted that the Purchasing Manager is
working to some extent with the City on the concept of joint
purchases re the possibility of getting some sort of
discount on large orders.
APR 41984
BOOK 56 PAGE 521
APR 4 1984
R
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BOOK 56 PAGE5;-.0 2
�
v
y i �
�
v 4 Q•
•
q,qCF
UNI 7 PRICE
y
Q
UNIT PRICE 1
1. Posts, Delineator, 6/ft Galv.
1131D NO.
TRC BID #196
DAVE OF OPENING
March 20, 1984
y"
_Qj �; ^S,�
MD TITLE
NQRnmp - TRAE_E1:CqTaNS
_
ITEM DESCRIPTION
N.O.
UNIT PRICE
UNIT PRICE
UNI 7 PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE 1
1. Posts, Delineator, 6/ft Galv.
1.12 lbs/ft Ea.
3
75
1 4
75
1 3
83
2. Post, Rib-bak, 12/ft Galy.
2,0 lbs/ft Ea.
11
30
14
02
10
28
3. Street Name Sign Brackets -Alum
#91UF Supr-lok or equivalent
-S a�nda�et-Screws
45° Sign -to -sign bracket Each
2
95
3
00
2
75
90° Sign -to -sign bracket Each
2
87
3
00
2
52
° Post -to -sign bracket Each
2
87
3
00
2
52
° Each
3.55,
3
00
2
10
4. Post, Round Tube, 3z" O.D.,
Alum. 12/ft .156" wall thickness
as per FDOT Specifications.Each
78
00
NB
NB
5. Sign Brackets, Type I for 31"
O.D. Round Posts Alum. as per
FDOT Specifications Each
5
50
5
30
5
46
6. Normal Delivery time in days after
receipt of Purchase Order Days
30 Days
30-60
ay
30
ay
"
AM 5 zns
12
r
H. Bid #197 - Traffic Signal Improvements
The Board reviewed the following memo dated 3/26/84:
TO: The Honorable Members of DATE: March 26, 19_84 FILE:
the Board of County Commissioners
THROUGH: Michael Wright, County Administrator
James W. Davis, P.E., Public Works Directo
SUBJECT: IRC Bid #197: Traffic Signal
Improvements
FROM: Michael L. Orr,VV REFERENCES:
Traffic Engineer
DESCRIPTION AND CONDITIONS
Bids were received March 23, 1984 at 10:00 am for IRC Bid #197 -
Traffic Signal Improvements at three intersections.
Five bids were submitted, one bid was received from Signal
Construction Company of Jupiter, Florida.
Specific signalization improvements to be performed by the
contractor are as follows:
1. 8th Street/Old Dixie Highway:
Furnish and install one concrete pole so in -house -personnel
can construct a traffic signal;
2. State Road 60/43rd Avenue:
Install major signal components furnished by the FDOT through
their signal equipment purchase program;
3. Old Dixie Highway/Highland Drive SE:
Furnish and install one concrete pole so in-house personnel
can construct an aerial flashing beacon.
ALTERNATIVES AND ANALYSIS
The sole bidder was Signal Construction Company in the amount
of $19,601.00. This contractor is able to perform the contractual
work and has met all bid specifications.
RECOMMENDATION AND FUNDING
It is recommended to accept the unit prices bid by Signal
Construction Company to implement planned signalization
improvements are the aforementioned three intersections.
Budgeted funds are available in Account 004-245-541-66.44 for
the work at the two Old Dixie Highway locations (costing $4647.00).
Transportation Improvement Program funds are reserved in the
second quarter of 1984 for improvements at State Road 60 and
43rd Avenue (costing $14,954.00)
13
e_ .:APR_... 4.1984
BOOK 56 PAGE 5?3
I
APR 4 1984
BOOK 56 PAGE 524
Commissioner Scurlock was disturbed that just one bid
was received because he always likes to see competition.
Mike Orr, Traffic Engineer, believed that there was
only one company in this area that does this sort of thing.
A few contractors called him about the bid, but they did not
follow through and submit a bid. He suspected that the job
might be too small. Mr. Orr believed that the bid was not
out of line.
Commissioner Wodtke suggested that the wording in the
above memo should have read that five bids were "solicited"
instead of five bids were "submitted" and only one bid was
received.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) awarded Bid #197 to
Signal Construction Co. of Jupiter, Florida,
for traffic signal improvements at three
intersections, as recommended by Traffic
Engineer Mike Orr.
14
r � r
t
' BOARD OF COUNTY COWiNiiSS:ONERS � BOARD OF COUNTY COrvfMiSSiONERS j
1840 25th Street 1840 25th Street
VVero Beach, Florida 32960
Vero Beach, Florida 32960
BID TABULATION TION
BID NO. �11T OF OPENING
G° l
IRC BID #19 March 23, .1984
BID TIT
Y LFRAFFIC SIGNAL IMPROVEMENTS
is
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
1. 641-15-52 Conc Pole Class
BID TITLE
�R9F�LC=SLGNAL=It1PRDVEMEN.
ITEM DESCRIPTION
NO.
UNIT PRICE
UN" PRICE
U%tT
VI 42' 2 Each
2559
0
2. 632-7-1 Signal Cable Assm 1 PI
893
00
3_ F14-4=113 Span Wire Assm I PI
764
00
329
GO
4. 635-1-11 11 and 3tttiction 69&
182
00
14, 70_133_000 install Cantrnlle
5_ 6111-1-13 Flar_PnwPr SPryira Apr'
& Cabinet 1 Ea.
1 Ea.
317
00
6. 639-3-11 Elec. Power Service 1 E?. 122 00
1'E .1120 00
8. 641-35-38 Conc Pole Class VI 38'
1 Ea 1234 00
9. 650-1-331 TSA 3S1W Stnd Alum.
8 AS 157 00
10. 650-9-351 TSA 5SEC Cluster Alum.
2 AS 181 00
11. 659-101 Back later 3SEC
i 6 AS 64 .00
MM S 2179
BID TABULA
c
vo
h _
BID NO.
IRC BID #197
DATE OF OPENING
March 23 1984
BID TITLE
�R9F�LC=SLGNAL=It1PRDVEMEN.
ITEM DESCRIPTION
NO.
UNIT PRICE
UN" PRICE
U%tT
12. 659-103 Signal Head Aux.
Disconnect Hgr 10 AS
264
00
13, - - ,J ooD Ac,u Ty -pe-" "
13 Ea.
329
GO
14, 70_133_000 install Cantrnlle
& Cabinet 1 Ea.
450
00
15. 690-10 Remove TSA 8 Ea
29
00
16, 690-50 Rem2ve Controller
�
I
Assm. 1 Ea.
78
00
I
17, 690-80 Remove Span Wire Assm.
1 PI
85
00
i 18. 641-14-35 Conc Pole Class V 35'
I i
' 1 Ea.
2088
00
r
I
I
r
I
AM S 2179
PROCLAMATION - INDIAN RIVER COUNTY LIBRARY DAY
Chairman Scurlock read the following proclamation aloud
and presented it Mary Kiser of the Vero Beach Library Board
and Lynn Walsh, Director of the Sebastian River Library
Board.
15 ,
BOOK 56 PAGE 525
APR 4 1984 BOOK* 56 PAGE 526
P R O C L A M A T I O N
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that in recognition
of the important part LIBRARY service contributes in the link of
community service, and to make people aware of the importance of
the LIBRARY to the community, the week of
APRIL 8th THRU 14th, 1984
be declared as
NATIONAL LIBRARY WEEK
and
APRIL 11th, 1984
be declared as
INDIAN RIVER COUNTY LIBRARY DAY
BE IT FURTHER PROCLAIMED that the Board on behalf of itself
and the citizens of this county expresses appreciation and urges
the citizens of Indian River County to continue to support the
SEBASTIAN AREA COUNTY LIBRARY and the INDIAN RIVER COUNTY LIBRARY
OF VERO BEACH both in spirit and financially, through
contributions, enabling them to cohtinue their efforts in this
county.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
Don C. Scurlock, Jr.
Chairman
ATTEST:
Freda Wright,(Clerk--
PUBLIC HEARING EXPANSION OF I-95/SR-60 COMMERCIAL/—
INDUSTRIAL NODE
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter ofly__/�5 s
in the /�, Court, was pub-
lished in said newspaper in the issues of !�'/. , 0) 7
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero. Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscrib d be,re me is day of /d A.D. 19
(SEAL)
(B f,Mpess Manager)
(Clerk of the Circuit CoGrt, InQi$ River County, Florida)
is
NOTICE - PUBLIC HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
This is notice of a hearing to consider recom-
mending the adoption of a County ordinance
amending the Land Use Element of the Compre-
hensive Plan by enlarging the commercial/in-
dustrial node at the intersection of 1-95 and S.R.
60 from 230 acres to 300 acres, as designated
on the future land use map and described in the
text of the Land Use Element of the Comprehen=
sive Plan of Indian River County, Florida. I
A public hearing at which parties in interesti
and citizens shall have an opportunity to
heard, will be held by the Board of County Com
missioners of Indian River County, Florida, in the
County Commission Chambers of . the Countyl
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Wednesday, April
4. 1984, at 9:15 A.M.
If any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in
eludes testimony and evidence upon which th
appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
Mar. 16, 29, 1984.
3 APR 4X984 sooK 56 FAGE5?7
APR 4 1984 BOOK 56 FACE 518
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 FILE'
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
---L ' • f , l r� t �J
Robert M. Keating, .XICP
Planning & Development Director
FROM: Richard Shearer, AICP REFERENCES:
Chief, Long -Range Planning
COUNTY -INITIATED RE-
QUEST TO EXPAND THE
I-95/S.R.60 COMMERCIAL/
INDUSTRIAL NODE
IRC Expand I-95 Node
CHIEF
It is requested -that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 4, 1984.
DESCRIPTION & CONDITIONS
On November 17, 1983, the Planning and Zoning Commission tabled
a rezoning request for a 40 acre parcel of land located west of
I-95 and south of State Road 60. At that time, the planning
staff recommended that the Commission deny the rezoning request
because the staff -determined that the 230 acre
commercial/industrial node located at I-95 and S.R.60 could not
logically include all of the existing commercial and industrial
uses, the necessary infill (undeveloped land between the
existing uses), and the subject property. Based on the staff
analysis, the Planning and Zoning Commission voted 4 -to -1 to
table the rezoning request. After further -discussion, the -
Commission also voted 4 -to -1 to suggest to the Board of County
Commissioners that they consider enlarging the node at I-95 and
S.R. 60. Based on this recommendation, the Planning Department
prepared the following analysis.
On February 23, 1984, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request to enlarge the
node.
ALTERNATIVES & ANALYSIS
In this section, a description of
commercial/industrial node will be
analysis of the general proposal to
node.
I-95/S.R. 60 Node
the I-95 and S.R. 60
provided along with an
expand the size of the
The Comprehensive Plan designates a 230 acre commercial/industrial
-node at the intersection of I-95 and S.R. 60. This is a
logical place for a commercial/industrial node because it is
located at the intersection of the major east -west highway in
the County and one of the major north -south highways in the
County. Presently, this node and the commercial/industrial
node located southwest of the intersection of 74th Avenue and
Oslo Road are the largest nodes in the County (both are 230 +
acres) .
17
Expansion of Node
Based on the location of this node at the major intersection in
the County, it seems logical that this should be the largest
commercial/industrial node in the County. Presently, this node
has more existing commercial and industrial development (110
acres) than any other node in the County. Also, recent
requests for commercial and industrial development in this node
have been on the periphery of the developed area or outside of
the logical nodal area given its 230 acre size constraint.
The location of the New Hibiscus Airport hinders residential
development in the area designated as MD -1, Medium -Density
Residential 1 (up to 8 units/acre), west of I-95, because
airports and residential developments are incompatible land
uses. This area is more appropriate for industrial uses
including warehousing and light manufacturing.
Because industrial activities need good access to
transportation facilities, good land use planning principles.
indicate that industrial locations near interstate highway
interchanges are desirable. Many industrial activities desire
locations near interstate highways because the raw material
they need and the finished products they produce are shipped by
trucks using these highways. In addition, the existing trans-
portation facilities have considerable capacity to handle the
traffic needs of industrial land uses in this area.
Due to the exsiting land uses west of I-95 in this area,
residential uses -allowed in the MD -1 land use designation do
not seem to be appropriate. In order to accommodate more
urban -type uses which are appropriate for this area, the
commercial/industrial node at I-95 and S.R. 60 should be
expanded to include more potential industrial land to the west
of I-95, but still allow sufficient land for commercial uses to
service the traffic on these two major highways. _
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends that the I-95 and
S.R. 60 commercial/industrial node be enlarged from 230 acres
to 300 acres.
Richard Shearer, Chief, Long -Range Planning, presented
the County -initiated request to expand the I-95/SR-60
commercial/industrial node, which resulted after the
Planning & Zoning Commission had tabled a request for a
parcel of property that could be included in the node if the
node were to be enlarged.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
APR 4 1984
18
BOOK 56 PAcE 5206
APR 4 1984 Book 56 PAG -E530
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) adopted Ordinance 84-14,
amending the Land Use Element of the
Comprehensive Plan by enlarging the
I-95/SR-60 industrial/commercial node from
230 acres to 300 acres.
19
ORDINANCE NO. 84-14
WHEREAS, the Board of County Commissioners of Indian River
County,.Florida, did publish and send its Notice of Intent to
amend the Land Use Element of the Comprehensive Plan and -
pursuant thereto held a public hearing in relation thereto, at
which parties in interest and citizens were heard; NOW,
THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Land Use Element of the
Comprehensive Plan of Indian River County, Florida, and the
accompanying Land Use Map, be amended as follows:
1. That the Land Use Element of the Comprehensive Plan
be amended by enlarging the commercial/industrial
node at the intersection of I-95 and S.R. 60 from
230 acres to 300 acres.
All with the meaning and intent and as set forth and
described in said Land Use Element.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 4th day of April ,
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:
DON C. SCU OCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 9 day of April , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 12 day of April , 1984, at 10' A.M./P.M. and
filed in the Office of the Clerk of the Board OF-unty
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICrlikCY.
BY:
B'FA DENBUYG, County Attorney
20
BOOK 56 PAGE 5:31
APR 4X984 4 BOOK 56 IpAcE 532
REQUEST FOR TRAFFIC SIGNAL AT INTERSECTION OF 43RD AVENUE
AND SOUTH GIFFORD ROAD
The Board reviewed the following memo dated 3/28/84:
MEMORANDUM
TO: Non -Technical Members of the Transportation
Planning Committee
FROM: Patrick B. Lyons, Chairman, Transportation
Planning Committee
DATE: March 28, 1984
SUBJECT: Signalization, 43rd Avenue and South Gifford Road
Although the Board of County Commissioners asked that the
recommendation for a signal at the above-mentioned location be
returned to our Committee with the request that the use of a
crossing guard be considered, I have decided to place it back on
the County Commission agenda, and repeat our request that the
corner be signalized.
Commissioner Lyons explained that after considerable
input from the public and further thought on his part, he is
recommending that the Commission authorize a traffic signal
at the corner of 43rd Avenue and South Gifford Road.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the
Board authorize the installation of a traffic
signal at the intersection of 43rd Avenue and
South Gifford Road.
Under discussion, Chairman Scurlock reviewed the
Transportation Planning Committee's findings and
recommendations re the intersection. He wanted to make it
clear that the Board did not deny the traffic light at the
last meeting, but had sent it back to the Transportation
21
Planning Committee for consideration of using a crossing
guard at that corner during peak hours.
Administrator Wright noted that although the traffic
study found that the corner did not warrant a light, the
people in the area felt very strongly that a light was
needed. He pointed out that a traffic light would cost
$25,000 compared to costs of under $100 to install a 4 -way
stop, and urged the Commission to table the matter until the
Transportation Planning Committee considers the option of a
4 -way stop.
Commissioner Lyons stressed that he made the Motion
fully realizing that someone might still run the light, but
felt that a traffic light would solve the traffic problem at
peak hours. He was willing to take a chance on not setting
a precedent for installing lights at other intersections by'
making a special exception in this case.
Public Works Director Jim Davis wasn't sure that the
corner would warrant a 4 -way stop, as the requirements for a
4 -way stop are also very stringent. To improve the
visibility on that corner, he advised that there was -some
consideration given to removing a few citrus trees from the
property on the northwest corner, but the property owner
objected to that solution. The corner is being widened to
24 feet and bids for the work are being received this week.
They are also contacting some property owners in the area to
acquire the necessary right-of-way.
Commissioner Wodtke recalled that they had the same
problem at Citrus School about six years ago, and he felt
that the 4 -way stop signs that were put in at that time did
the job. He encouraged the Board to further consider a
crossing guard, widening the intersection, and establishing
a 4 -way stop. He felt that approving the light would set a
precedent and that the School Board would be urging us to
put in traffic signals everywhere.
22
1. P '' 4 1984
BOOK 56 PACE 533
Fr -
APR 4 1984 BOOK 56 FACE'.
Chairman Scurlock explained that, as a member of the
Transportation Planning Committee, he had voted against this
traffic light four times, but after witnessing the traffic
at peak hours, he has changed his view.
Jeannette Lier, a member of the TPC, noted that the TPC
has been studying this intersection for a long time and she
also voted in opposition to the light. After traveling that
road, she has reconsidered, however, because of the very
heavy traffic flow at peak hours. She also believed it
would take a lot of time to re-educate drivers to a 4 -way
stop, and further noted that traffic will be increasing when
the jail and the animal shelter are built in that area.
Judd Barker, member of the Transportation Planning
Committee and the School Board, emphasized the human
involvement in the matter -- at least 1,000 students are
transported twice a day through this intersection. He
pointed out that the School Board has just purchased larger
buses which will carry the equivalent of four classes of
students. He also felt that the traffic situation would
certainly warrant a light in the near future when the jail
and animal shelter are built. Mr. Barker believed the
School Board would have a problem finding someone to work
for $175 a week to stand in the middle of that intersection
and direct traffic during peak hours. He urged the
Commission to reconsider and approve the installation of the
traffic signal.
Commissioner Bird felt it was very important to have
long range plans for studying traffic patterns for each
school in the County, especially for schools that have yet
- to be built.
Ruth Stanbridge, Chairman of the Safety Committee of
the PTA, pointed out that there are few pedestrians at that
corner compared to other intersections that have schools
nearby.
u
She felt that a stop light would be preventive
23
M
medicine in this case and would hate to think that action
would be taken only after a school bus ended up in a ditch
there. She also pointed out that the area is developing
rapidly and traffic undoubtedly will increase substantially.
Commissioner Bird commented that he has changed his
mind three or four times on this matter today, but he is now
convinced that the light is needed.
Chairman Scurlock asked if anyone else wished to speak
,. on the matter. There were none.
THE CHAIRMAN CALLED FOR THE QUESTION
to approve the installation of a traffic
light at the subject intersection. The Motion
carried by a 3-1 vote, with Commissioner
Wodtke dissenting, and Commissioner Bowman
absent.
PUBLIC HEARING - REQUEST BY JOHN LU'T'HER TO REDESIGNATE
PROPERTY FROM RURAL RESIDENTIAL 1 TO LOW DENSITY 1
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
24
APR 4 1984 BOOK 56 PACE535
•
VEIL® BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 4 aaa
in the matter of
in the
lished in said newspaper in the issues of2�- A�, 1�2
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscr,4ed b#tore apMthij-fiv_ day ofA.D. 19
(SEAL)
siness Manager)
(Clerk of the Circuit Court, Mian River County, Florida)
BOOK 56 PAGE 5%36
NOTICE — PUBLIC HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
This is a notice of a hearing to consider the
adoption of a County Ordinance to amend the
Comprehensive Plan by redesignating land from:
RR -1, Rural Residential 1 (up to .4
units/acre), to LD -1, Low -Density Resi-
dential 1 (up to 3 units/acre). The sub-
ject property presently owned by John
M. Luther is located 1/. mile west of 74th
Avenue, north of 12th Street and % mile
east of 82nd Avenue (C.R. 609) south of
16th Street.
The subject property is described as:
Tract 3, less the North 30 feet thereof;
Tract 6, less the West 17.60 acres; Tract
7; West 5 acres of Tract 8, all in Section
12, Township 33 South, Range 38 East,
Iaccording to last general plat of lands of
Indian River Farms Company, filed in the
office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 2,
page 25. Said land now lying and being
in Indian River County, Florida.
A public hearing at which parties in interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Wednesday, April
4, 1984, at 9:30 A.M.
If any person decides to appeal any decision
made on the above matter, he/she will need a
�irecord of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
Itim record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: s -Dan C. Scurlock Jr.
Chairman
ar. 16, 29, 1984.
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 FILE:
The Board of County
Commissioners
DEPARTMENT HEAD CONCURRENCE:
1___7I �7 SUBJECT:
Robert M. Keating; AICP
Planning & Development Director
FROM: Richard Shearer, AICP REFERENCES:
Chief, Long -Range Planning
JOHN LUTHER REQUEST
TO REDESIGNATE
106.52 ACRES FROM
RR -1, RURAL RESI-
DENTIAL 1, TO LD -1,
LOW-DENSITY 1
Luther Redesig.
RICH
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of April 4, 1984.
25
77
L
DESCRIPTION & CONDITIONS
The applicant, John Luther, part owner and agent for the
other owners, South Grove Associates, requests to
redesignate 106.52 acres located between 12th and 16th
Streets and one-quarter mile west of 74th Avenue from RR -1,
Rural Residential 1 (up to .4 units/acre), to LD -1,
Low -Density 1 (up to 3 units/acre).
The applicant proposes to develop this property for
single-family homes on one acre or one-half acre lots
sometime in the future.
On February 23, 1984, the Planning and Zoning Commission
voted 5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses --of the site
and surrounding areas, potential impacts on the
transportation and utility systems, and any significant
adverse impacts on environmental quality.
Existing Land Use Pattern
The subject property is undeveloped and zoned A,
Agricultural District (up to .2 units/acre). Several years
ago, the subject property contained an active citrus grove.
West of the subject property are two, single-family homes
and the Life for Youth Ranch. The land south of the subject
property is devoted to pasture land and citrus groves.
There is vacant land immediately east of the subject
property and citrus groves further east. North of the
subject property are citrus groves.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
the land immediately east, south, and west of it (all
located in Section 12, Township 31 South, Range 38 East) as
RR -1, Rural Residential 1 (up to .4 units/acre). The lands
north of the subject property and the lands one-quarter mile
west of the subject property are designated as MD -1, Medium
Density Residential 1 (up to 8 units/acre). Based on the
proximity of the subject property to the 'lands designated
MD -1, it appears reasonable to allow a maximum density for
the subject property which would be higher than that allowed
by the RR -1 designation.
The land one-half mile south of the subject property is
designated as AG, Agricultural (up to .2 units/acre), on the
land use plan. At the present time, a five acre parcel of
land located one-half mile south of the subject property
could have one dwelling unit; a five acre parcel of the
subject property could have two units; and a five acre
parcel immediately north of the subject property could have
up to 40 units.
26
.APR 4 1984 Boa 56 PAcE5:37
F_
Transportation System
BOOK 56" PAGE 5:38 -
The subject property has direct access to 16th Street
(classified as a secondary collector street on the County's
Thoroughfare Plan) and 12th Street (classified as a primary
collector street). In addition, the subject property is
one-quarter mile west of 74th Avenue (classified as a
secondary collector street) and one-quarter mile east of
82nd Avenue (classified as a.primary collector street). The
development of the subject property in single-family homes
at a maximum density of 3 units/acne would generate 3,180
average annual daily trips (AADT). These trips were
assigned to 82nd Avenue which would still.maintain level -of -
service "A". Under the subject property's current land use
designation, RR -1, the maximum development of the site would
generate 424 AADT.
Environment
The subject property is not environmentally sensitive nor is
it in a flood -prone area.
Utilities
The subject property is not served by County water nor
wastewater facilities. However, the County .has plans to
extend water mains along State Road 60 to I-95 in the next
year. These water facilities would be one-half mile north
of the subject property, and this area will have access to
County water in the near future.
RECOMMENDATION
Based on the above analysis, particularly the proximity of
the subject property to the MD -1 properties and the fact
that County water facilities are planned to be extended to
this area in the near future, the staff recommends that the
subject property be redesignated from RR -1, to LD -1. If the
subject property is redesignated LD -1, staff recommends that
the rest of Section 12, Township 33 South, Range 38 East
also be considered for redesignation as LD -1 to maintain
consistency.
Richard Shearer, Chief, Long -Range Planning, presented
staff's recommendation for approval of the proposed
redesignation and showed an aerial photograph and some
slides of the site which used to be an old citrus grove. He
also referred to a zoning map of the area.
Commissioner Lyons asked when the cut-off date was for
this year for amending the Comprehensive Land Use Plan, and
Mr. Shearer replied that applications had been accepted from
January lst through January 17th according to procedures
adopted by the Board. The problem is that there is such a
large number, it will take quite sometime to get them all
considered.
7_1
27
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
APR 4 1984
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) adopted Ordinance 84-15,
approving the request by John Luther to
redesignate 106.52 acres from Rural Residential 1
to Low -Density 1.
28
B00 -K 56 FACE 539
APR 4 1984
BOOK 56 . PAGE 540 .'
ORDINANCE NO. 84-15
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
redesignate the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Land Use Element of the
Comprehensive Plan of Indian River County, Florida, and the
accompanying Land Use Map, be amended as follows:
1. That the Land Use Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
Tract 3, less the North 30 feet thereof; Tract 6, less the
West 17.60 acres; Tract 7; West 5 acres of Tract 8, all in
Section 12, Township 33 South, Range 38 East, according to
last general plat of lands of Indian River Farms Company,
filed in the office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 2, page 25. Said
land now lying and being in Indian River County, Florida.
Be changed from RR -1, Rural Residential 1 to LD -1, Low
Density Residential 1. -
All with the meaning and intent and as set forth and
described in said Land Use Element.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 4th day of April
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: '_L G
DON C. SCURLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 9 day of April , 1984.
Effective Date: Acknowledgment from the Department of State
-received on this 12day of April , 1984, at 10'A.M./P.M. and
filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED AS FORM AND
LEGAL SUFF�CT/ENCY.
BY:
. BRANDYBURG, County Attorney
29
e
P
PUBLIC HEARING - REQUEST BY TOTAL CARE SYSTEMS, INC. TO
REZONE PROPERTY FROM AGRICULTURAL DISTRICT TO R -3A
RETIREMENT DISTRICT
The hour of 10:00 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the / p > Coouurrt, was pub-
lished in said newspaper in the issues ci,4t�, �� l / l L O Z
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bWore day of !„tom/ A.D. 19
LX q4 __,__ 1-_U/L-4
(Clerk of the Circuit Cou
(SEAL)
iness Manager)
ian River County, Florida)
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption oll
a County ordinance rezoning land from:
A. Agricultural District, and R-3. "Multi-
ple Dwelling District," to R -3A, ,Retire-
ment District." The sub'ect property pre-
sently owned by Total Care System, Inc.
is located on the north side of -State
Road 60 and the west side of 74th Ave-
nue.
The subject property is described as:
Tracts 1 and 2, Section 1, Township 33
South, Range 38 East, according to the
last general plat of lands of Indian River
Farms Company recorded in Plat Book 2, f
Page 25, Public Records of St. Lucie
County, Florida, said land now lying and
being in Indian River County, Florida,
less the North 100.00 feet and the East
30.00 feet and less the West 865.00 feet
of the East 895.00 feet of the South 36.43
feet of Tract 1 and containing 73.620
acres more or less.
Tract 8 less Canal, Highway Right-of-
way, North 495.00 feet and South 763.37 1
feet of North 1258.37 feet of West 531.10
feet thereof, in Section 1, Township 33
South, Range 38 East, Indian River
Farms Company Subdivision as per plat
thereof recorded in Plat Book 2 at Page
25. Public Records, St. Lucie County,
Florida, and containing 11.:860 acres
more or less.
The North 495 feet of Tract 8 and the
West 865.00 feet of the East 895.00 feet
of the South 36.48 feet of Tract 1, sec-
tion 1, Township 33 South. Range 38
East, according to the last general plat of
lands of the Indian River Farms Compa-
ny, filed in the Office of the Clerk of the
Circuit Cout of St. Lucie -County, Flor-
ida, in Plat Book 2, Page 25, said land
now lying and being in Indian River
County, Florida; fess and except, how-
ever, the following described property,
the North 125 feet of the South 160 feet
of the North 495 feet of the East 205 feet
of Tract 8, Section 1, Township 33
South, Range 38 East, according to the
last general plat of lands of Indian River
Farms Company' as recorded in Plat
Book 2, Page 25, of the Public Records
of St. Lucie County, Florida, said land
now lying and being in Indian River
County, Florida; also less and except
right-of-way for 74th Avenue and con -
twining 14.967 acres more or less.
A public hearing at which parties in inter
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-;
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Wednesday. April
4, 1984, at 9:45 A.M.
If any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: s -Don C. Scurlock Jr.
Chairman I`
Mar. 16, 29, 1984.
30
APR "4 1984 BOOK 56 PAGE 541
APR 4 1994 BOOK 56..PAGE542
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keatin§, AIaP
Planning & Development Director
FROM: Richard Shearer, AICP REFERENCES:
Chief,..Long-Range Planning
TOTAL CARE SYSTEMS,
INC. REQUEST TO RE-
ZONE 100.4 ACRES
FROM A, AGRICULTURAL
DISTRICT, & R-3,
MULTIPLE -DWELLING
DISTRICT, TO R -3A,
RETIREMENT DISTRICT
Total Care
CHIEF
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of April 4, 1984.
DESCRIPTIONS & CONDITIONS
The applicant, Total Care Systems, Inc., acting as agent for
the owners of three parcels of land, is requesting to rezone
approximately 100.4 acres located north of State Road 60 and
West of 74th Avenue from A., Agricultural District, and R-3,
Multiple -Dwelling District (up to 15 units/acre), to R -3A,
Retirement District (up to 18.8 units/acre).
The applicants propose to develop this site as a life care
facility.
On January 26, 1984, the Planning and Zoning Commission
considered an administrative inquiry from the Planning
Department and determined in a 3 -to -1 vote that the R -3A
zoning district was consistent with the MD -1, Medium -Density
Residential 1 (up to 8 units/acre), land use designation.
On February 23, 1984, the Planning and Zoning Commission
voted 5 -to -0 to recommend approval of this rezoning request.
ALTERNATIVES & ANALYSIS
In this section, a description of the existing land use
pattern will be presented as well as a discussion of the
future land use as established in the Land Use Element of
the Comprehensive Plan.
Existing Land Use Pattern
The subject property is primarily devoted to citrus groves.
Part of the subject property is currently vacant and there
is a house on the property. North of the subject property
are more citrus groves. The area west of the subject
property contains some land in groves and other undeveloped
land that was previously in groves. Further west are
single-family subdivisions, vacant land and the First
Bankers' facilities. The area south of the subject property
is generally developed as very low-density residential
development with single-family homes on large tracts of
land. East of the subject property is Village Green Mobile
Home Park. Further east is the Agricultural Center.
31
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
the lands west and south of it as MD -1, Medium -Density
Residential 1, (up to 8 units/acre). The land north of -the
subject property is designated as AG, Agricultural (up to .2
units/acre), and the land east of the subject property is
designated as LD -2, Low -Density Residential 2 (up to 6
units/acre). The MD -1 land use designation, as defined in
the Land Use Element of the Comprehensive Plan,'provides for
residential development characterized by densities of an
urban nature. Thus, the subject property and the area west
of it are planned for medium -density residential
development.
The proposed development is a primarily residential use
with a nursing home and other facilities as accessory uses.
Because the County's residential zoning districts only allow
accessory uses that are customarily associated with the
principal use of the property, the only zoning district in
which this type of development would be allowed is the R -3A
district, a category which allows nursing homes and multi-
family residential development.
When the Planning and Zoning Commission considered the
administrative_ inquiry concerning the consistency of the
R -3A zoning district with the MD -1 land use designation, the
Planning staff recommended that the R -3A zoning not be
considered cons,istent. However, since the Commission has
determined that the two are consistent, the Planning Depart-
ment recommends that the R -3A zoning district be amended
sometime in the future to more closely conform to the MD -1
land use designation, that the density of the R -3A district
be limited to eight (8) units per acre, and that the permitted
uses in the district be limited to residential with medical
types of facilities allowed as accessory uses.
Transportation System
Multi -family residential development of the subj.ect property
at a density of 8 units/acre would generate approximately
4,498 average annual daily trips (AADT). However, the type
of facility proposed for the subject property should
generate about 1,740 AADT.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water and wastewater facilities are not available for
the subject property. However, the County does have plans
to extend water facilities to this area in the near future.
RECCMMENDATION
i
Based on the above analysis, including the Planning and
Zoning Commission's recommendation, staff recommends that
this rezoning request be approved with the provision that a
cap of eight (8) units/acre will be maintained for this
site.
32
APR4 1984 BOOK 56 pA-' 543
A -PW 4 1994 sooK 56 PACE 544
Richard Shearer, Chief, Long -Range Planning, showed
slides of the site and explained staff's recommendation for
approval of the rezoning with a provision that the applicant
maintains a cap of 8 units an acre for this particular site.
Commissioner Wodtke asked if it was legal to approve
the rezoning with the provision for a cap of 8 units, and
Attorney Brandenburg explained that the Comprehensive Land
Use Plan controls the cap on that density, and the County
cannot allow a development permit to be issued above that
density.
Mr. Shearer further explained that the Comp Land Use
Plan has the property designated as MD -1, Medium Density
Residential, with a cap of 8 units per acre, and the site
plan process assures that they will not exceed that cap.
Commissioner Wodtke asked if the 8 units per acre cap
should be included in the Motion to rezone and the
Commissioners agreed that it should not be included in the
Motion.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Helen Flynn, resident of Vista Del Mar, did not
understand why this site should be limited to 8 units per
acre when Vista Plantation, which is being built in that
same general area, is going to be allowed 16 units per acre.
Robert Keating, Director of Planning & Development,
explained that the zoning for Vista Plantation is R2 -A and
they are in a LD -2 land use designated area. As such, they
can have a maximum of 6 units per acre, but their site plan
has been approved for 4 units per acre. After this
explanation, Mrs. Flynn emphasized the need for such a
facility in this area and urged the Commission to approve
the rezoning.
33
s � �
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) adopted Ordinance 84-16,
approving the request by Total Care Systems,
Inc. to rezone 100.4 acres from Agricultural
District and Multiple Dwelling District to
R -3A, Retirement District.
Commissioner Bird mentioned that he had the opportunity
to meet with the people from Total Care and see some of
their work and would challenge them to provide a project in
Indian River County of comparable, exceptional quality.
Chairman Scurlock suggested that consideration be given
to helping Total Care obtain an industrial revenue bond,
which would provide a municipal interest rate for the
project.
Commissioner Wodtke had learned during his recent trip
to Washington that there is a pretty strong move on to do
away with the tax exempt status on industrial revenue bonds.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
34
4 BOOK 56' PAGE 545
APR 4 11984
AP,R 4 1984 BOOK - 56 PAGE 546
ORDINANCE NO. g4-16
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard; NOW., THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
Tracts 1 and 2, Section 1, Township 33 South, Range 38
East, according to the last general plat of lands of
Indian River Farms Company recorded in Plat Book 2, Page
25, Public Records of St. Lucie County, Florida, said
land now lying and being in Indian River County, Florida,
less the North 100.00 feet and the East 30.00 feet and
less the West 865.00 feet of the East 895.00 feet of the
South 36.43 feet of Tract 1 and containing 73.620 acres
more or less.
Tract 8 less Canal, Highway Right-of-way, North 495.00
- feet and South 763.37 feet of North 1258.37 feet of West
531.10 feet thereof, in Section 1, Township 33 South,
Range 38 East, Indian River Farms Company Subdivision as
per plat thereof recorded in Plat Book 2 at Page 25,
Public Records, St. Lucie County, Florida and containing
11.860 acres more or less.
The North 495 feet of Tract 8 and the West 865.00 feet of
the East 895.00 feet of the South 36.48 feet of Tract 1,
Section 1, Township 33 South, Range 38 East, according to
the last general plat of lands of the Indian River Farms
Company, filed in the Office of the Clerk of the Circuit
Court of St. Lucie County, Florida, in Plat Book 2, Page
25, said land now lying and being in Indian River County,
Florida; less and except, however, the following described
property, the North 125 feet of the South 160 feet of the
North 495 feet of the East 205 feet of Tract 8, Section 1,
Township 33 South, Range 38 East, according to the last
general plat of lands of Indian River Farms Company as
recorded in Plat Book 2, Page 25, of the Public Records of
St. Lucie County, Florida, said land now lying and being
in Indian River County, Florida; also less and except
right-of-way for 74th Avenue and containing 14.967 acres
more or less.
Be changed from A, "Agricultural District", and R-3,
"Multiple Dwelling District", to R -3A, "Retirement
District".
All with the meaning and intent and as set forth and
described in said -Zoning -Regulations.
35
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 4thday of April
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RRIVER COUNTY
By: - G
DON C. SCUR OCK, JR
Chairman
Acknowledgment by the Department of State of the State of
Florida this 9 day of April , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 12 day of April , 1984, atlO A.M./P.M. and
filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED AS/TT/TT
,/FORM AND
LEGAL SUFFICC3!ENCY. 10
BY:
, County Attorney
35a
. BOOK 56 PACE 547
APR 4 %984
I
I
APR 4 1994 Boa 56 PAGE 548
DISCUSSION REGARDING BOTTLE BILL
Commissioner Lyons stated that since he requested this
item be placed on the Agenda, he has reconsidered and is not
in total agreement with House Bill 440 as it now reads; he
is in agreement, however, that we support a bottle and can
bill from the standpoint of energy conservation and the
savings derived from trash pickup and space at the landfill.
He would like to see the County go on record as being
generally in favor of a bottle/can ban. He.noticed that
there is a representative of the Audubon Society in
attendance today and asked Ray Fernald to present the
Society's stand on the proposed House Bill 440, which is the
same as Senate Bill 216. Mr. Fernald explained that the
Audubon Society has endorsed and is circulating a Resolution
which they hope will be adopted by cities and counties
throughout the state, which essentially supports the
adoption of Senate Bill 216 and House Bill 440. He
understood that these identical bills would place a 5 -cent
minimum deposit on bottles and cans and would prohibit
pull -off tabs and plastic holding devices.
Chairman Scurlock felt that he could support the
general concept, but believed the bills are too far
reaching.
Commissioner Lyons wished to make a Motion to adopt a
resolution supporting a bottle/can bill with the
understanding that pull -off tabs and plastic holders will be
controlled and which would urge the State to adopt a bill
consistent with bottle/can bills that have been passed and
are successful in other states.
Commissioner Bird wished to hold off on seconding
Commissioner Lyons' Motion to suggest that perhaps the Board
would be a little premature in passing such a general
resolution. He did not believe the County has a serious
litter problem, and while he was not opposed to the concept
of a bottle/can bill, he would prefer to have more
information before taking any formal action.
Commissioner Lyons noted that this matter has been on
the agenda twice and not much interest generated either
time. The program has been successful in other states and
has not created the economic problems predicted by the
opposition, but he has reached the point that if the people
want it, they will have to ask for it.
Commissioner Wodtke wanted to do anything he could to
help keep the bottles and cans off the streets and highways,
but did not like the way the proposed legislation reads.
Chairman Scurlock repeated his feelings that littering
should be stopped, but felt this bill is too encompassing.
Commissioner Bird described how the bill might affect
the dealers who would have the responsibility of returning
the deposits and handling the empty cans and bottles for
return to the distributor. He believed that these costs
would certainly be passed on to the consumer. He suggested
that we generate some input on the matter from both sides of
the fence and schedule a meeting in the future to debate the
issue.
Commissioner Lyons withdrew his Motion. He requested
that the Audubon Society prepare an ordinance that might be
supportable by the County and return to the Board with their
arguments when this issue came up for debate. He thanked
Mr. Fernald for coming today.
PUBLIC HEARING - REQUEST BY D.V. KNIGHT, JR. FOR PROPERTY
TO BE INCLUDED IN THE I-95/SR-60 COMMERCIAL/INDUSTRIAL NODE
The hour of 10:00 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to wit:
37
Boa 5.6 PACE 549
APR 4 1994
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
L -
in the matter of
in the _
Court, was pub-
lished in said newspaper in the issues o 7, CN,I /
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. Q �
Sworn to and sub
libe befor t (� of A.D. 19
(SEAL)
BOOK 56 PACE 550
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County Ordinance rezoning land from:
A, Agricultural District' to M-1, "Re-
stricted industrial District.- The subject
property presently owned by D.V. Knight
Jr. is located .4 mile west of 1-95 on the
west side of 98th Avenue and 'h mile
south of State Road 60.
The subject property is described as:
ALL OF TRACT 1, SECTION 9, TOWN-
SHIP 33 SOUTH, RANGE 38 EAST, AC-
CORDING TO THE LAST GENERAL
PLAT OF LANDS OF INDIAN RIVER
FARMS COMPANY AS RECORDED IN
PLAT BOOK 2, PAGE 25 OF ST. LUCIE
COUNTY, -FLORIDA. SAID LAND NOW
LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA. LESS RIGHTS-OF-
WAY OF RECORD. CONTAINING 40.89
GROSS ACRES. _
A public hearing at which parties in interest
rid citizens shall have an opportunity to be
r5, will be held by the Board of County Com-
ii:sioners of Indian River County, Florida, in the
my Com" 4on Chambers of the County
ministration Builtling, located at 1840 25th
I, Vero Beach, Florida, on Wednesday, April
1984, al 10:00
A. M.
if ant person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses. he/she may need to ensure that a verba-
tim record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County ComMi�oners
By.--s-Don C. Scurlock Jr. -
Chairman _
11Aar. 17, 29, 1984.
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 F�� F•
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keating,- AICP
Planning & Development Director
FROM: Richard
hard Shearer,
Chief, Long -Range
It is requested
consideration b
regular meeting
AICP REFERENCES:
Planning
D.V. KNIGHT, JR.
REQUEST TO BE INCLUDED
IN THE I-95 & S.R.60
COMMERCIAL/INDUSTRIAL
NODE & TO REZONE FROM
A, AGRICULTURAL, TO
M-1, RESTRICTED INDUS-
TRIAL DISTRICT
Knight Request
CHIEF
that the data herein presented be given formal
y the Board of County Commissioners at their
of April 4, 1984.
38
DESCRIPTION & CONDITIONS
The applicant, Mr. D. V. Knight, Jr., is requesting that 40
acres located 3/4 mile west of I-95 on the west side of 98th
Avenue and 1/2 mile south of State Road 60 be included in the
I-95 and S.R.60 -Commercial/Industrial node, as designated on
the future land use map of the Land Use Element of the
Comprehensive Plan, and be rezoned from A, Agricultural
District., to M-1, Restricted Industrial District.
The applicant proposes to develop this property as an
industrial park.
This rezoning request was considered by the Planning and Zoning
Commission on November 17, 1983. At that time, the planning
staff recommended that the request be denied because there was
not enough available land in the I-95 and S.R.60 node to
include the subject property. Rather than deny the rezoning
request, the Planning and Zoning Commission voted 4-1 to table
the request and voted 4-1 to suggest to the Board of County
Commissioners that they consider enlarging this node.
On February 23, 1984, the Planning and Zoning Commission voted
4 -to -1 to recommend approval of this rezoning request.
ALTERNATIVES & ANALYSIS
In this section, an analysis
will be presented as well as
use as established in the Land
Plan.
Existing Land Use Pattern
of the existing land use pattern
a discussion of the future land
Use Element of the Comprehensive
The subject property and the lands immediately south and west
of it are devoted; to citrus groves. North of the subject
property is vacantland, the M.A. Ford Manufacturing Co., and
Rampmaster, Inc., which are in an LM -1, Light Manufacturing
District. East of the subject property is the New Hibiscus
Airport.
Future Land Use Pattern
The. Comprehensive Plan designates the subject property as
Agricultural. All of the land immediately surrounding the
subject property is also designated as Agricultural except for
the land east of 98th Avenue which is designated as MD -1,
Medium -Density Residential (up to 8 dwelling units/acre).
However, there is a 230 acre (proposed to be expanded to 300
acre) Commercial/Industrial node designated at the intersection.
of I-95 and S.R.60 which is 3/4 mile east and 1/2 mile north of
the subject property. The applicant proposes to have his
property included in this node.
Based on the current 230 acre size of the existing commercial/
industrial node, the planning staff prepared a map delineating
the tentative boundaries of that area around the I-95/S.R.60
intersection considered to be in the node (see Attachment 3).
Given the 230 acre size of the node, the staff felt that the
subject property could not logically be included in the node.
However, it is the staff's position that if the node is expanded
to 300 acres, the subject property could be included in the
node. The staff then prepared another map showing the tentative
boundaries of the node at an expanded size of 300 acres (see
Attachment #4).
M
APR 4 "984 BOOK 56 un 551
APR 4 1994 BOOK 56 FACE 552
Due to the proximity of the subject property to the industrial
uses to the north and the New Hibiscus airport to the east, the
best urban use of this property is for industrial purposes.
Roads/Traffic
The subject property has direct access to 98th Avenue which is
proposed to be a Secondary Collector Street on the Thoroughfare
Plan. The development of the subject property for restricted
industrial uses would generate 1,532 average weekday trips.
Currently, 98th Avenue carries 101 average daily trips. This
increased traffic would require paving 98th Avenue -=as a 24 foot
wide street and the dedication of an 80 foot wide right-of-way.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood prone area.
Utilities
The subject property is not served by County water nor
wastewater facilities.
RECOMMENDATION
Based on the above analysis, including the existing land use
pattern and the Planning and Zoning Commission's
recommendation, staff recommends that, if the commercial/
industrial node at I-95 and S.R. 60 is enlarged to 300 acres,
the subject property be included in the node and be rezoned
from A, Agricultural District, to M-1, Restricted Industrial
District.
Richard Shearer, Chief, Long -Range Planning, presented
staff's recommendation that this property be included in the
I-95/SR-60 commercial/industrial node which was just
enlarged to 300 acres in action taken by the Board earlier
this morning.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard.
Michael O'Haire, attorney representing the applicant,
stated he would be glad to answer any questions regarding
this matter.- There were none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) closed the Public Hearing.
40
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) approved the request by
D. V. Knight, Jr. to have his property included
in the I-95/SR-60 commercial/industrial node
and adopted Ordinance 84-17 rezoning the subject
property from Agricultural District to Restricted
Industrial District.
41
56 FAGS 553
•
BOOK 56: FACE 554
ORDINA14CE NO. 84-17
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent"to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties.in
interest and citizens.were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
ALL OF TRACT 1, SECTION 9, TOWNSHIP 33 SOUTH, RANGE 38
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF
INDIAN RIVER FARMS COMPANY AS RECORDED IN PLATBOOK 2,
PAGE 25 OF ST. LUCIE COUNTY, FLORIDA. SAID LAND NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS
RIGHTS-OF-WAY OF RECORD. CONTAINING 40.89 GROSS ACRES.
Be changed from A, "Agricultural District" to M-1,
"Restricted Industrial District."
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 4th day of April
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:
DON C. SCURL CK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 9 day of April , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 12 day of April , 1984, at 10 A.M./P.M. and
-filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFIC-15E NCY.
BY: /'
BRANDENBU G, County Attorney
42
PUBLIC HEARING REQUEST TO ESTABLISH FRANCHISE FOR
COUNTRYSIDE WATER AND WASTEWATER SYSTEM
The hour of 10:15 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to wit:
VERO BEACH PRESS-JOUR�� 4� 4N S
Published Daily 9 9 S L I
-4
Vero Beach, Indian River Court P;SCIn/` c�
`30�,., _���fi FhryO O
COUNTY OF INDIAN RIVER: STATE OF FLORIDA oath
Before the undersigned authority personally appeared J. man Jr. blished
says that he is Business Manager of the Vero Beach Press-JOurnal, inent, being
at Vero Beach in Indian River County, Florida; that the attached copy
a /
In the matter of
I lie Inumn Klver t-ounty boara of
public hearing on April 4, 1994, 10:15
located at 1940 25th Street, Vero Bea
wastewater servicesse to aforo OUNTRY
development located north of Glendai
Road
rated west of schedulefora this Road 609
franchise
public hearing held for that purpose.
In the Court, was pub.
-------------
Ilshad in said newspaper in the issues of
Afflant further says that the said Vero Beach Press-Joumal Is a newspaperhas heretpublished
oat
Vero Beach, In said Indian River County, Florida, and that the said newspaper and has been
ebM red assecond class iirnai�i matterIn s et thatan postiver office�n Vero Beach, Iunty, Florida, n Indian River Court -
he first
etached copy 01
ntFlorida, for a ered
ement; and affiant further says tof One year next hat hheeihas ng tne neither paidlinorp promised an of the tny person, firrr
or corporation any discount, rebate, commission or refund for the purpose of securing thin
advertisement for publication in the said newspaper.
day of A.D. 19
Swornto and subscribed before me IN
(Business Manager)
(Clark of the Circuit Court, an River County, Florida)
(SEAL)
t,auniy t timmissioners mil MOW ai
o.m„ In the Commission Cticmbers'
ch. Florida, to consider grar3ting
h Associates, to provide water on
SIDE, a single family residentla
e Road, east of 1-95, south of Stade
see map below).
will be set at a later date during a
All interested persons are Invited to this meeting. If any person de-
cides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at this meeting, he/she will need a
record of the Proceedings, and that for such purpose he/she may need to
ensure uohictlpeitd
ncludes the totimony and evd ncepnwhheapeals o be heard.
DonrC. Scurlock Jr., Chairman
Board of Countv Commissioners
43
�Q�lI 56 Pw 555
COUNTRYSIDE
WATER $I SEWER, FRANCHISE
Sr47e AP0,40 GO
i
N•Ts•
r�tu tsesrrent
2
,?08G°W O runt airs
41
WCouvTR>'
Q
Q9
S/L7E
0�
Q8
7
41277
•
GLE,c/04cB �QO�vO
L OCAT / MAP _ �alM, es
S�/6ET
,47rOCA H-SA�6 8EIND0RF & AS90CdATi 5, INC.
EMi:*tEtEDM
1CONSULTING
� iirax•,orts c>Aoat7VirC AREA vtDq �[ACJI I1AltltlA
All interested persons are Invited to this meeting. If any person de-
cides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at this meeting, he/she will need a
record of the Proceedings, and that for such purpose he/she may need to
ensure uohictlpeitd
ncludes the totimony and evd ncepnwhheapeals o be heard.
DonrC. Scurlock Jr., Chairman
Board of Countv Commissioners
43
�Q�lI 56 Pw 555
•
_1
BOOK 56 PAGE 556
The Board reviewed the following memo dated 3/26/84:
TO: The. Honorable Members of theDATE: March 26, 1984 FILE:
Board of County Commissioners
THROUGH: Terrance G. Pinto
Utility Services Di ctor
SUBJECT: ESTABLISH FRANCHISE FOR
COUNTRYSIDE WATER & WASTE-
WATER SYSTEM
1) Pinto to Block Letter
2) Resolution
REFERENCES: A) Agreement
FROM: Joyce S. Hamilton B) Legal Description/
Franchise Administr for
Utility Services Location Mar
C) Insurance Certificate
DESCRIPTION AND CONDITIONS:
Realcor-Vero Beach Associates is the partnership which will furnish
water and wastewater services to Countryside, a single family develop-
ment located north of Glendale Road, east of I-95, south of State Road
60 and west of State Road 609 (Exhibit "B").
Realcor-Vero Beach Associates has an agreement to purchase their
water from Village Green, a County franchise (Exhibit "A"). It is
the opinion of the County Attorney that Village Green will not be
required to expand.their franchise area to be a temporary water
source (Exhibit "1"). -
A rate schedule for this franchise will be determined at a later date
during a public hearing held for that purpose.
Realcor-Vero Beach Associates has submitted a certificate of liability
insurance in the amount of $1,000,000 per category as required (Exh-ibit
nC11)
RECOMMENDATION:
Staff recommends approval of this application to establish a franchise
for Realcor-Vero Beach Associates.
Utilities Director Terry Pinto explained that this
franchise is for a development on SR -60 which we are
proposing to service with County water. He pointed out that
the franchise states that if there is not County water, they
could not supply themselves, but it would authorize them to
obtain water from the Village Green water system. The
franchise provides for immediate disconnection upon demand
by the County when water becomes available from the County.
He assured Commissioner Scurlock that there is a 6%
franchise fee.
Director Pinto commented that the franchise does not
address the subject of wastewater, and though he has not
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discussed it with the applicant, he wondered if we could ask_
the applicant's attorney today for approval to insert a
clause in the franchise that would address wastewater in
exactly the same manner as it does water.
Chairman Scurlock felt that the County's main concern
was to supply water to that area. He emphasized that only
so much can be done at once, and advised that he and staff
would be coming back to the Board at a later date with
specific recommendations for wastewater.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Sam Block, attorney representing the applicant,
Realcor-Vero Beach Associates, agreed with Director Pinto
that similar provisions for wastewater should be included in
the franchise.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) adopted Resolution 84-24,
establishing a franchise for Countryside
Water & Wastewater System; with a modification
to include the same language for wastewater as
for water.
45
BOOK 56 FAGE557
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BOOK 56 PAGE 558
RESOLUTION NO. RA -24
BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida;
SECTION I
This Resolution shall be known and may be cited as the "COUNTRYSIDE
SECTION II
DEFINITIONS
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words using the present tense include
the future, words in the plural number include the singular and vice
versa. The word "shall" is always mandatory.
(a) "County" is Indian River County Utility Services Department, a
political subdivision of the State of Florida.
(b) "County Engineer" may be "County Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to
wit: REAR--VERO BEACH ASSOCIATES.
(d) "Hoard" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, wells, pipes, tanks, hydrants, pumps, reservoirs, systems,
facility or other property, real or personal, used or useful or having
the present capacity for future use in connection with the collection,
obtaining, treatment, supplying and distribution of water to the public
for human consumption, fire protection, irrigation, consumption by
residential, business or industry, operation of sewage disposal plants
and, without limiting the generality of the foregoing, shall embrace all
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necessary appurtenances and equipment and shall include all property,
rights, easements, licenses and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
(h) "Wastewater System' shall mean and include any system, facility
or property used or useful or having the present capacity for the future
use in connection with the collection, treatment, purification or
disposal of wastewater effluent and residue for the public and without
limiting the generality of the foregoing definition shall embrace
treatment plants, pumping stations, intercepting sewers, pressure lines,
mains, laterals and all necessary appurtenances and equipment and shall
include all property rights, easements, and franchises relating to any
such system and deemed necessary or convenient for the operation
thereof.
(i) "Service" means supplying to a user the distribution of water
and/or wastewater and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or wastewater system in order to
utilize the Utility's services.
SECTION III
GRANTING OF FRANCHISE
1. There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water and/or wastewater within the
territory, and for these purposes to establish the necessary facilities
and equipment and to lay and maintain the necessary lines, pipes, mains
and other appurtenances necessary therefore in, along, under and across
the public alleys, streets, roads, highway and other public places of
the County; provided, however, that the County reserves the right to
permit the use of such public places for and all other lawful purposes
and subject always to the paramount right of the public in and to such
public places for a period of ninety nine (99) years.
2. Indian River County and franchisee recognize that franchisee
will not provide a water treatment plant on site, and have made
arrangements for construction of a water distribution line to transport
water to and from VILLAGE GREEDY, a County franchisee, to wit:
See Exhibit "A" attached hereto and incorporated herein.
3. Franchisee understands that the County is now considering the
extension of the County water and wastewater system to this franchise
q
Boa 56 FACE 559
APR 4 1994 BOOK 56 PAGF560
area. Should the County extend the county system, this shall be
considered a temporary water and wastewater franchise and upon the
demand of the County, franchisee shall discontinue its water and
wastewater operation and immediately connect to the county system and
shall pay to the County all the sums due under the County's standard
schedule of rates and fees.
4. The Utility shall supply the County with copies of its
Department of Environmental Regulation monthly operating reports and
trouble reports, if any.
5. The right is hereby reserved to the County to adopt, in
addition to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations and increase fees and
charges as it shall find necessary in the exercise of the police power
and lawful authority vested in said County, provided that such
regulations shall be reasonable and not conflict with the rights herein
granted and not in conflict with the laws of the State of Florida. The
County shall have the right, but not the duty, to inspect all
construction or installation work performed.
6. The Utility shall, at all times during the life of this
franchise, be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the County
shall hereafter by resolution provide, provided however, such
regulations shall not be inconsistent with the terms hereof.
SECTION IV
TERRITORY/FRANCHISE AREA
The territory in which this franchise shall be applicable is all
that part of Indian River County, Florida, located within the following
described boundary lines, to wit:
See Exhibit "B" attached hereto and incorporated herein.
SECTION V
HOLD HARMLESS CLAUSE
It is expressly understood and agreed by and between the Utility
and the County that the Utility shall save the County and members of the
Board harmless from any loss sustained by the County on account of any
suit, judgment, execution, claim or demand whatsoever resulting from
negligence, or intentional wanton, willful and reckless acts on the part
of the Utility in the construction, operation or maintenance of the
water and/or wastewater system under the terms of this franchise. The
parties agree that in the construction of this section, the claim of any
person resulting from negligence on the part of the Utility may be
Prosecuted directly by such person against the Utility. The County
shall notify the Utility promptly after presentation of any claim or
demand.
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SECTION VI
CERTIFICATION OF COMPLIANCE
1. The Utility shall maintain and operate its water/wastewater
system and render efficient service in accordance with the rules and
regulations as are or may be set forth by the Board from time to time,
which shall include but not be limited to "Construction Specification
for Water Treatment/Distribution and Sewage Treatment/Collection
Facilities" promulgated by Indian River County Utilities Department,
July 1980, or as amended. The County shall require the Utility to
comply with the above standards. Prior to the issuance of a
construction permit, the Utility's project engineers shall certify to
the County that the design standards as set forth in said "Construction
Specifications" of Indian River Utilities Department, July, 1980, or as
amended, will be met by completion of the project as shown on the plans
submitted. The Utility shall cause said certification to be submitted
to the County along with the Florida Department of Environmental
Regulation applications and plans,. for County review. Submission to the
County for review may occur simultaneously with submission of said
documents to the Florida Department of Environmental Regulation. Upon
approval by the County of the plant and systen, a permit shall be issued
to the Utility for the construction thereof.
2. Prior to the issuance of a construction permit, certification
from the Indian River County Fire Department must be obtained certifying
fire flow requirements have been met.
3. Upon the completion of all construction of the water
distribution and wastewater systems, the project engineer for the
Utility shall certify, under seal, that they have been constructed
substantially in accordance with the plans and specifications previously
approved and that they meet all of the standards required by the County.
The certification shall include submission to the County of two sets of
"as-built"(as defined by the County) drawings, consisting of one set in
reproducible vellums and one set of regular blueline prints; and that
the water lines and wastewater system meet all of the standards required
by the County, including pressure and leakage tests, chlorination and
bacteriological tests, infiltration and exfiltration tests. Upon
receipt of certification from the engineer, the County will issue a
letter acknowledging the construction of the water lines and wastewater
system. No service is to be provided to customers until such time as
the County issues a letter of acknowledgment. The issuance of said
letter shall not be unreasonably withheld. The Utility shall grant
necessary easements to the County without charge to connect the water
lines and wastewater system to the County Master Water and/or Wastewater
System together with such easements as are necessary to provide access
to the water and/or wastewater lines, where and if the County makes
water and/or wastewater service available to the project. The Utility
shall pay a one thousand dollar ($1,000) franchise application fee at
4 �oaK 56 FACE 561
APR 4 1984
APR 4X984 BOOK 56 FACE552
the time of the submission of the franchise application, and agrees to
pay all other fees which may be applicable during the operation of the
system.
SECTION VII
CERTIFICATION OF OPERATIONS AND MAINPEONCE
1. All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications approved by the Department
of Environmental Regulation of the State of Florida and Indian River
County Utilities Department. The manner of treatment and distribution
of water and the m-nner of collection, treatment and disposal of
wastewater shall at all time be and remain not inferior to the quality
standards for public water distribution and public sewage collection and
other rules, regulations and standards now or hereafter adopted by the
Department of Environmental Regulation of the State of Florida, or other
governmental body having jurisdiction, including Indian River County.
2. The Utility shall supply the County with an annual report of
operations and maintenance certified by the Utility Engineer who must be
registered in the State of Florida.
SECTION VIII
UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES
1. The Utility shall have the authority to promulgate such rules,
regulations, terms and conditions covering the conduct of its business
as shall be reasonable necessary to enable the Utility to exercise its
rights and perform its obligations under this franchise and to issue an
uninterrupted service to each and all of its consumers; provided,
however, that such rules, regulations, terms and conditions shall not be
in conflict with the provisions hereof or with the laws of the State of
Florida and all of the same shall be subject to the approval of the
Board.
2. At all times herein where discretionary power is left with the
Board of County Commissioners, the Utility, before discretionary action
is taken by the Board of County Ccmissioners, can request said Board
that a group of arbitrators be appointed and such group shall consist
of:
a) County Utilities Director
b) Utility Engineer
c) One person selected by the above two persons
and this Board of Arbitrators shall make recommendations to the Board of
County Commissioners, but such reccnmendaticns are not mandatory. Any
arbitration shall be in accordance with the Florida Arbitration Code.
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3. Any final decision the arbitrators or Board may have with
respect to this franchise can be appealed to the Circuit Court of Indian
River County by either party.
SECTION IX
DEDICATED EASEMENTS
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
water and/or wastewater system shall be so located in the dedicated
easements in the County after approval by the County Engineer so as not
to obstruct or interfere with other uses made of such public places
already installed. The Utility shall, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of county -owned pavement, sidewalk, driveway or other
surfacing, the Utility shall, at its own cost and expense and in a
manner approved by the County Engineer, replace and restore all such
surface so disturbed in as good condition as before said wrk was
commenced and shall maintain the restoration in an approved condition
for a period of one (1) year. In the event that any time the County
shall lawfully elect to alter or change the grade or to relocate or
widen or otherwise change any such County-cwmed right-of-way, the
Utility shall, upon reasonable notice by the County, remove, relay, and
relocate its fixtures at the Utility's expense. The Utility shall not
locate any of its facilities nor do any construction which would create
any obstructions or conditions which are or may became dangerous to the
traveling public. In the event any such public place under or upon
which the Utility shall have located its facilities shall be closed,
abandoned, vacated or discontinued, the Board may terminate such
easement or license of the Utility thereto; provided, however, in the
event of this termination of easement, the patty requesting such
termination shall pay to the Utility in advance, its cost of removal and
relocation of the removed facilities in order to continue its service as
theretofore existing, or the County shall retain an easement not less
than fifteen (15) feet in width for the benefit of the Utility and its
facilities.
SECTION X
SERVICE REQUIREMENTS
The Utility shall provide service within the franchise territory on.
a non-discriminatory basis as if it were regulated under Florida Statute
Chapter 367 (1980), except to the extent that said provisions are in
conflict with the provisions of the franchise.
SECTION XI
AVAILABILITY OF SERVICE
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BOOK 56 PAGE 563
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APR 41984
BOOK 56 FACE 564
1. Subject to the provisions of Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons
within the franchise territory making demand therefor, its public water
and/or wastewater system, and shall provide such demanding person with
its services and facilities; provided, however, that the Board may, upon
application of the Utility extend time for providing such service to
such demanding person. In the event the Utility fails to provide its
services and facilities as a water and/or wastewater system to any area
within the franchise territory within the time specified by the Board,
then in such an event, the County may, by resolution of the Board,
limit, restrict and confine the territory to that area then being
serviced by water and/or wastewater by the Utility or such greater area
as the Board shall determine; and thereafter, the territory shall be
only the area set forth, in the resolution adopted by the Board.
2. The Utility shall not be required to furnish, supply, install
and make available its public water and/or wastewater system to any
Person within the franchise area unless the same may be done at such a
cost to the Utility as shall make the addition proposed financially
feasible. Financially feasible shall mean that a fair and, reasonable
rate of return shall be realized by the Utility for all its services
under this franchise; that such rate of return on its rate base is under
efficient and economical management. The burden of showing that
Prospective service to the area, is not financially feasible shall be the
burden of the Utility.
SECTION XII
TRANSFER OF OWNERSHIP
The Utility or its shareholders shall not sell or transfer its
Plants or systems or stock to another nor transfer any rights under this
franchise to another without the approval of the Board. No such sale or
transfer after such approval shall be effective until the vendee,
assignee or lessee has filed with the Board an instrument in writing
reciting the fact.of such transfer and accepting the terms of this
franchise and agreeing to perform all of the conditions thereof. In any
event, this franchise shall not be transferable and assignable until
notice or request for transfer and assignment shall be given by the
Utility to the Board in writing accompanied by a request from the
Proposed transferee, which application shall contain information
concerning the financial, status and other qualifications of the proposed
transferee and such other information as the Board shall require. A
Public hearing may be held on such request, of which notice shall be
given by publication in a newspaper regularly published in the County at
least one time not more than one month or less than one week preceding
such hearing. Certified proof of publication of such notice shall be
filed with the Board. The Board shall act within ninety (9 0) days upon
such request. The consent by the Board to any assignment of this
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franchise shall not be unreasonably withheld. Any sale or. transfer by
the Utility or partners of the Utility taking place contrary to the
terms and conditions of this paragraph shall be considered by the Board
to be a default by the Utility under this franchise agreement and
subject this franchise to termination.
SECTION XIII
ADEQUATE CAPACITY -
Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or wastewater
service unless adequate capacity is available at the time any new
connection is made.
SECTION XIV
NO'T'ICE OF ADJUSTMM OF RATES
Upon the initial connection of any customer to the water/wastewater
system or upon the reconnection of any new customer to the
water/wastewater system, the Utility shall furnish, by mail, a notice
setting forth the rate schedule then in effect and further containing
the following statement:
"The water/wastewater rates set forth herein have been
authorized pursuant to Indian River County Water/Wastewater
Franchise Resolution No. as amended. Said
water/wastewater rates are subject to adjustment pursuant to
said Resolution upon proper showing by the Utility. Said
rates are also subject to adjustment in the event the
water/wastewater franchise is terminated and Indian River
County commences to furnish water/wastewater service to your
property.
11
SECTION XV
RATE SCHEDULE
1. The rates charged by the Utility for its service hereunder
shall at all times be compensatory and shall be fair and reasonable and
designed to meet all necessary costs of the service, including a fair
rate of return on the Utilities' investment under efficient and
economical management. The Utility agrees that the County has the
authority to enter into this Franchise Agreement and the regulation of
said Utility. Utility agrees that it shall be subject to all authority
now or hereafter possessed by the County or any other regulatory body
having competent jurisdiction to fix just, reasonable and compensatory
rates. When this franchise takes effect, the Utility shall have
authority to charge and collect, but not to exceed, the schedule of
rates and rate of return approved by the Board of County Commissioners
at a public hearing. In setting said rates, the County shall be guided
by the standards set forth in Florida Statute 367.081 relating to the
8
APR 4 1984
BOOK 56 PAGE 565
RPR 4 1984
BOOK 56 FADE 566
establishment of rates and charges. In any event, the Utility shall
always be responsible for justifying its proposed rates and charges by
the submission of accounting and engineering data to the County
Utilities Director. Rates and charges may be amended, upon proper
justification by the Utility. Other provisions of this Ordinance deal
with the mechanisms of the setting of rates and charges.
2. The Utility shall at any time, when requested by a consumer,
make a test of the accuracy of any meter; prior, however, to any test
being made by the Utility, the sum of ten dollars ($10.00) shall be
deposited with the Utility by the party requesting such test. Such sum
shall be returned if the test shows the meter to be inaccurate in its
delivery. If the meter is inaccurate, the meter will be repaired or
changed, and should the meter reading calibrate too high, a billing
adjustment will be made for no more than the past six month's actual
readings. Whenever it is necessary to shut off or interrupt service for
the purpose of making repairs or installations, the Utility shall do so
at such times as will cause the least amount of inconvenience to its
consumers and, unless such repairs are unforeseen and immediately
necessary, it shall give not less than five (5) days' notice thereof to
its consumers for non -emergencies.
3. (a) Pursuant to Florida Statute 367.081 "Rates; procedure for
fixing and changing," the approved rates for water service within the
COUNTRYSIDE franchise shall be autcmatically increased or decreased
without hearing, upon verified notice to the County Commission thirty
(30) days prior to its implementation of the increase or decrease that
the rates charged by VII,IAGE GREEN have changed. The new rates
authorized shall reflect the amount of the change of the rates imposed
upon COUNTRYSIDE by VIZI GE GREEN.
(b) Before implementing a change in rates under this
subsection, the utility shall file an affirmation under oath as to the
accuracy of the figures and calculations upon which the change in rates
is based, stating that the change will not cause the utility to exceed
the range of its last authorized rate of return.
4. (a) The approved rates of any utility which receives all or
any portion of its utility service frau a governmental agency or from a
water or sewer utility regulated by the Board and which redistributes
that service to its utility custaners shall be automatically increased
or decreased without hearing upon verified notice to the Board 30 days
Prior to its implementation of the increase or decrease that the rates
charged by the governmental agency or other utility has changed. The
approved rates of any utility which is subject to an increase or
decrease in the rates that it is charged for electric paver or the
amount of ad valorem taxes assessed against its property shall be
increased and decreased by the utility, without action by the Board,
upon verified notice to the Board 30 days prior to its implementation of
the increase or decrease that the rates charged by the supplier of the
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governmental agency, other utility or supplier of electric power.
Provisions of the subsection shall not prevent a utility from seeking
changes in rates pursuant to the provisions of subsection.
(b) If, within 24 months of an adjustment in the rates as
authorized by this subsection, the Board shall find that a utility did
thereby exceed the range of its last authorized rate of return, it may
order the utility to refund the difference to the rate payers. This
provision shall not be construed to require a bond or corporate
undertaking not otherwise required.
(c) Notwithstanding anything herein to the contrary, no
utility may adjust its rates under this subsection more than two times
in any 12 month period.
C!'ION CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing prior to
system going into operation.
FRANCHISE FEE
1. The Utility hereby agrees to pay to the County a franchise fee
in the amount of six percent (6%) of the Utility's annual gross
receipts, (or the sum of five hundred dollars ($500), whichever is
greater), derived frcxn monthly service charges to defray the cost of
regulation and for use of County rights-of-way and public places. The
Utility shall pay the 6% franchise fee quarterly. Said fee shall be
shown as a separate additional charge on utility bills.
2. The Utility shall supply the County with a copy of the
Utility's annual report and financial statements. All records and all
accounting of Utility shall be in accordance with the Uniform System of
Accounts of the National Association of Regulatory Utilities
Commissioners and general accepted accounting principles. Within ninety
(90) days after close of fiscal year, the Utility shall submit financial
statements prepared by a CPA and in accordance with general accepting
accounting standards and NARUC. Upon demand by the Board the Utility
will submit audited financial statements certified by a CPA. Also, a
letter from a CPA certifying that the six percent (60) franchise fee and
the two and one-half percent (2h%) renewal and replacement account has
been collected and disbursed in accordance with the terms of this
Agreement.-
APR
greement:
10
APR 41384
BOOK 5`6 FAGE'56'
APR.. 4 1984
BOOK 56 PACE568
SECTION XVI
Escrow Charges
1. The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each unit in effect at
the time of the issuance of a certificate of occupancy, as a
contribution in aid of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
provided for in Ordinance 80-21, Section 3, Part B. Utility further
agrees to pay a sum per ERC for water and wastewater plant capacity
charge, as each unit is completed as the future plant capacity charges
as provided for in Ordinance 80-22, Section 1 or according to the
Ordinances in effect at the time of the issuance of a certificate of
Via.. .
2. The County will establish separate interest bearing passbook
for the water and wastewater system and will deposit all escrow charges
paid for any and all connections in this franchise. The fees referenced
in this section are subject to the escalation provisions of Section XIV
contained herein, using the County factor established in Ordinance 80-21
and 80-22. The fees referenced in this Section shall always be
reasonable.
3. Throughout the term of this franchise, the Utility shall be
entitled to any and all interest which shall be paid annually on or
before September 30th of each year to the Utility. The Utility shall be
entitled to an accounting of said interest bearing account at any time
upon request made by it to the County.
4. Should the County at any time provide a water distribution
system and/or wastewater collection system and furnish water and/or
wastewater services to individual customers within the franchise
territory, the sums of money remaining in said account consisting of
plant capacity charges and contributions in aid of construction charges
shall become the absolute property of the County and the Utility shall
have no rights thereto. In such event, the Utility shall be absolved
from the obligation of payment of further connection charges to the
County and this franchise shall terminate.
a) The County shall have the right to purchase the
Utility's water and/or wastewater plant at Utility's original
construction cost, land cost, plus costs associated with capital
additions and expansions to the system less three and one-half percent
(32%) depreciation per year. Depreciation on the system shall be
calculated to start at the time the County issues a letter acknowledging
the construction of the water and/or wastewater system as provided in
Section VI. Upon acquisition of the water and/or wastewater plant and
appurtenant real estate, the County would then awn the entire water
and/or wastewater system and would terminate this franchise and provide
water and/or wastewater utility service to the franchise territory. All
accumulated escrow fees would vest in the County.
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b) In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the
water distribution and/or wastewater collection system free of cost and
in good repair, wear and tear excepted. The Utility agrees to grant to
the County any easements necessary to connect the water and/or
wastewater system to the County's water/wastewater systems without
charge. The Utility shall pay all escrowed impact fees upon acquisition
or upon connection to County's own plants.
c) If in the event the County determines that it will
not exercise its option under item #4(a) within seven (7) years,
escrowed contributions in aid of construction or impact fees shall
become part of the renewal and replacement fund and may be used as
described within Section XVII, PMM%ML & REPLACEMENT ACCOUNT. If at any
time thereafter the County takes possession or makes use of the utility
systems, all contributions in aid of construction funds collected will
vest to the County and those funds which have been expended or an equal
amount would be deducted from any purchase price.
SECTION XVII
PIMAL & REPLACEMENT ACCOUNT
Two and one half percent (21-2%) of the gross receipts of the Utility
shall be placed in an.interest bearing renewal and replacement account
for purposes of renewal and/or replacement of the capital assets of the
water and/or wastewater system of the Utility. Additionally, the
Utility shall initially fund said account with two thousand dollars
($2,000) which will also be reserved for capital maintenance items.
Interest shall accumulate in said account until the account reaches ten
thousand dollars ($10,000); thereafter interest shall be paid to the
Utility annually. Said funds shall be used as a sinking fund and
applied only for renewal and/or replacement of the water and/or
wastewater system by the Utility as the need arises; the percentage
required to be placed in the renewal and replacement account may be
amended after review by the County as necessary to maintain a sufficient
account balance taking into account the general condition of the system.
The County is granted the right to make necessary repairs using said
funds in the event of default on the part of the Utility in maintaining
the quality standards established herein. In the event the County
exercises its rights under (2) or (3) above, said fund shall vest in the
County. In the event that the County purchases the corporation's
utility system pursuant to the provisions of this franchise as stated
above, then any funds in said renewal and replacement account shall vest
in the County.
SECTION XVIII
,A
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APR 4 1984 Boa 56 PnE 5f 9
APR 4 1984 BOOK 56 PAGE 570
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1. The Utility shall at all times maintain public liability and
property damage insurance in such amounts as set forth in, to wit:
Exhibit "C" attached hereto and incorporated herein.
2. The Utility shall cause the County to be duly notified by the
insurer in the event of any modifications or deletions of the insurance
as set forth in said Exhibit "C". Said amounts shall be adjusted by the
Utility, as shall be required from time to time by the Board in
accordance with good business practices as determined by safe business
standards as established by the Board for the protection of the County
and the general public and for any liability which may result from any
action of the Utility.
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CONSUMER COMPLAINTS
If any written complaint is filed with the Board by any persons
serviced by the Utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect to said
complaint. If the Board finds reasonable cause does exist, the Board
shall so notify the Utility and request the Utility to satisfy or remedy
such complaint. If the Utility fails, within a reasonable time, to
satisfy or remedy such complaint or objection, the Board may review same
according to the provisions hereof. If the Board enters its order
pursuant to such hearing and the Utility feels it is aggrieved by such
order, the Utility may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit Court of the County; otherwise
the Utility shall promptly comply with the order of the. Board.
czr.�r)TJ VY
Should the Utility desire to establish rates and charges or should
the Utility desire to increase any charges heretofore established and
approved by the Board, then the Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it
proposes. The Utility shall pay any rate structure review fee as the
County may then have in effect and shall furnish the County with all
information requested by the County that is pertinent to the proposed
new rate schedule. A public hearing shall then be held on such request,
of which notice shall be given by publication in a newspaper regularly
published in said County at least one time not more than one month or
less than one week preceding such hearing. Certified proof of
publication of such notice shall be filed with the Board. Said hearing
may thereafter be continued for a reasonable time as determined by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by such order, then Utility may seek review of
13
M
M
the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County. The Board shall act on the rate request
within ninety (90) days following the public hearing.
CT.YTPTr'&T YYT
CONSTRUCTION PERMITS
Prior to.the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits frau the County authorizing said
construction in the same manner as permits are authorized in the County
for the use of the public roads as shall now or hereafter be established
by regulations of the County. The County shall have the right when
special circumstances exist to determine the time during which such
construction shall be done.
SECTION XXII
DEFAULT. OF FRANCHISE
If the Utility fails or refuses to promptly faithfully keep,
perforin and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists frau the date of said
hearing held by the Board; and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
of the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County.
SECTION XXIII
RIGHTS OF LANDOWNERS
Nothing in this franchise shall prevent landowners frau exercising
their vested rights or privileges as set forth and contained in any
license issued to any utility heretofore granted by the Board pursuant
to Section 125.42, Florida Statutes.
SECTIO14 XXIV
14
y _ SPR 4 19 4 BOOK 56 PACE'5 /1
r -
A P R 4 1984 BOOK 56 FACE 572
It is specifically agreed by and between the parties hereto that
this franchise shall be considered a franchise agreement between the
Utility and the County and as such a contractural instrument recognized
under the Statutes and Laws of the State of Florida. This franchise
agreement is not intended to create rights or actions running in favor
of third parties, except as herein specifically provides.
SECTION XXV
NON-PERFORMANCE
Provisions herein to the contrary notwithstanding, the Utility
shall not be liable for the non-performance or delay in performance of
any of its obligations undertaken pursuant to the terms of this
franchise where said failure or delay is due to causes beyond the
Utility's control, including, without limitation, causes such as "Acts
of God", unavoidable casualties, labor disputes, etc.
SECTION XXVI
EXECUTION OF FRANCHISE
If any word, sections, clause or part of this resolution is held
invalid, such portion shall be deemed a separate and independent part
and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, The Board of County Commissioners of Indian
River County, Florida has caused this franchise to be executed in the
name of the County of Indian River by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County
Commissioners adopted on the 4th day of April , 1984.
Signed, sealed and delivered
in.the presence of:
Le -'elk k5p i6r4reTiffie kNj" WTN k, a -5�I' • • !/
By CALOdle
,rA
Don C. Scurlock, Jr.,
Board of County;Comnissioners
Attest:L V. I't I
Clerk
INCE OF FRANCAISE
M, a Georgia partnership, does hereby
accept the foregoing franchise, and for their successors and assigns
does hereby covenant and agree to ccmply with and abide by all of the
terms, conditions and provisions therein set forth and contained.
M
15
M
m
L --
0
DATED at Vero Beach, Indian River County, Florida,
of 1983.
WITNESS:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
this 0&_ day
I HEREBY M;E= that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared Robert N. Hatfield, as President of REALCOR-VERO
BEACH ASSOCIATES, a Georgia partnership, and he acknowledged before me
that he executed the foregoing instrument for the uses and purposes
therein expressed.
WITNESS my hand and official seal in the State and County aforesaid
this day of 1984.
Notary Polic, State of Florida at -,Large
My Commission expires:
tr
NOTARY PUBLIC. STATE op FLC'rM A-TLA*Qt,
MY -COMMISSION EXPRIr JULY
SONQ.INQ AQ
16
B,00K 56 PAGE 573
A"- 4 1984'�J6 . EXHIBIT; nA�t
BOOK 6 PAGE 574
AGREEMENT.FOR EXPANSION
AND
OPERATION OF WATER PLANT
A
THIS AGREEMENT, made and entered into as of the 31St day of
�AIjgrlK , 1984, by and among REALCOR-VERO BEACH ASSOCIATES, a Florida
partnership (the "Purchaser".), FLORIDA -ATLANTIC ASSOCIATES, a New York
partnership (the "Seller"), and FLORIDA -ATLANTIC ASSOCIATES, NUMBER TWO,
a New York partnership (the "Adjacent Owner").
W1 T N.E S SETH:
WHEREAS, Seller has as of this day conveyed to Purchaser that
n -
certain parcel of land located iIndian River County, Florida, known as
Village Green South, and being more particularly described in Exhibit A
attached hereto and .made a part hereof (the "Property"). upon which Pur-
chaser intends to develop a mobile home park containing approximately
seven bundred seventy-six (776) units;
k`HEREAS, Adjacent Owner is the owner of that certain parcel of
land located in Indian River County, Florida, being more particularly
described in Exhibit B attached hereto and made a part hereof (the
"Adjacent Property") upon which Adjacent Owner operates a mobile home
park known as Village Green West;
WHEREAS , there is located on the Adjacent, Property, a water
plant which pumps, purifies and distributes water to the occupants of the
Adjacent Property (the "Water Plant");
WHEREAS, Purcbaser desires to expand the Water Plant, at Pur-
cbaser's sole expense, to a capacity sufficient for- the purposes of
providing water to the Property and all of its future occupants;
NOW, THEREFORE, in consideration of Ten and N01100 Dollars
($10.00), the mutual promises and covenants and other good and valuable
consideration, the receipt and sufficiency of which are hereby ackn8w-
ledged, the parties hereto hereby agree as follows:
1. Unless Purchaser shall elect to cause water to be supplied
to the Property from sources other than the Adjacent Property (which
election shall be Purchaser's to make in its sole and absolute discre-
tion). Purcbaser hereby agrees that, no later than the completion of the
second designated "pbase" of the development of the Property. (as such
"phases" are delineated in that certain "Agreement of Purchase and Sale
of Village Green South" between Seller and Purchaser, dated as of
August 19, 1983), Purchaser shall, at its own expense, expand the Water
1/27/86 q0 06 78 PA 6E 2 4 1
.-. .. i,di-r+s'fkC.�:�•tiB�'H1:n!`,0�
Plant, in a good and workmanlike manner, to a capacity sufficient for the
purposes of providing water to the Property and all of the Property's
future occupants.
2. Adjacent Owner -agrees that, subject to Purchaser's having
obtained the appropriate "franchise" and approvals therefor from Indian
River County, and upon the completion of the Water Plant expansion as
aforesaid, Adjacent, Owner sball be bound and obligated'to supply water to
the Property and all of the Property's future occupants in the quantities
demanded and drawn thereby.
3. Adjacent Owner and Purchaser agree that, in the event of
any interruption_ of or restriction on the supply of water available at
the Water Plant,- including, without limitation, interruption or restric-
tion caused by drought, water rationing and malfunction of pipes and
machinery, then, in such event, the total supply of water available at
the Water Plant shall be allocated equally between the Adjacent Property
and the Property; provided, that the Property, under such circumstances,
shall not be entitled to draw more water than that which is actually
required by the units at the Property then occupied.
4. Commencing with the month immediately following the month
in which the Water Plant expansion is commenced, Purchaser shall be
obligated to pay twelve and one-half percent (12k%) of the cost of main-
taining and operating the Water Plant. Purchaser's obligation to so pay
shall increase by twelve and one-half percent (12k%) each month there-
after until Purchaser shall be paying for fifty percent (50%) of the
costs of maintaining and operating the Water Plant. Purchaser's maximum
obligation shall be fifty percent (50`x) of such costs. The costs of
maintaining and operating the pater Plant shall be determined by a con-
sulting engineer selected by Adjacent Owner -l' and
such costs shall be deemed to include, without limitation, all real
estate taxes, electricity and expenses of insurance incurred in connec=
tion with the operation of the Water Plant. Such payment of maintenance
and operating costs shall be Purchaser's entire payment obligation for
the water that shall be supplied to the Property. Notwithstanding the
foregoing, Purchaser shall not be obligated to pay any of the maintenance
and operating costs of the Water Plant attributable to the supplying of
water to any other property other than the Adjacent Property or the
Property.
5. Purchaser shall not be obligated to pay the cost of curing
or otherwise -correcting any citation or other violation of any govern-
mental regulation affecting the Water Plant at the time of commencement
of the Water Plant expansion and Adjacent Owner shall bear the full cost
of same. In addition, Purchaser shall be entitled, at the time of com-
mencement of the Water Plant expansion, to cause an inspection to be made
**which engineer is licensed by the State of Florida and is practicing; his
profession as of the date hereof in Indian River county, Florida, ...
1/26/84
APR 4 1984
-2 .. BOOK: 56 mn 575
°'H'O678PASE248D�
APR' 4 1984 BOOK 56 - FAcE 576=
of the Water Plant, by the same consulting engineer referred to in Para-
graph 4 above, and whatever items of repair or replacement that exist at
that time.sball be priced and shall be excluded from the maintenance and
operation cost of Which Purchaser is to bear half.
(. In the event that any governmental authority sball acquire
the Water Plant for use as a part of its public water system, then the
net proceeds of such disposition shall be divided equally between Adja-
cent Owner and Purchaser until Purchaser shall have received an amount
equal to the amount actually expended by Purchaser for labor, materials
and equipment for 'the Water Plant expansion, whereupon all remaining
proceeds shall belong to Adjacent Owner_ Notwithstanding the foregoing,
'it is understood and agreed that all materials and equipment used by _
Purchaser for the Water .Plant' expansion shall, upon tbeii• installation,
become -part of the Water Plant and the title to said materials and equip-
ment sball pass to the Adjacent Owner.
7. In 'the event that Seller shall reacquire, tbrough pur-
chase, foreclosure, or otherwise, all or any portion of the Property,
then Seller, as successor in interest to Purchaser, shall bave the right
to enter upon, connect to and use all facilities of the Water Plant,
including, without limitation, all pipes and conduits wberever situated
on the Adjacent Property; and the right to expand the Water Plant as may
be necessary to provide a water supply for that portion of the Property
reacquired by Seller; provided that such reacquisition shall not release
Adjacent Owner from its obligation to supply water., as provided for in
this Agreement, to any portion of the Property which may be still owned
by Purcbaser, but only if Purchaser sball have paid for the expansion of
the Water Plant and shall otherwise be in compliance with the terms of
this Agreement.
8. In order.'to effectuate the intent of the foregoing, Adja-
cent Owner hereby grants to Purcbaser a permanent easement over and
across that strip of land on the Adjacent Property extending from the
Water Plant to the Property, which strip shall follow the most practica-
ble route or routes for the purposes of laying, installing and maintain-
ing such pipes and conduits which may be necessary in order to draw and
carry water from the Water Plant to the Property_ Adjacent Owner further
grants Purchaser the right of ingress to and egress from and the right to
go upon the Adjacent Property at all reasonable times for the purpose of
repairing and maintaining such pipes and conduits in useable condition.
An actual legal description shall be attached to this agreement by amend-
ment at such time as an "as -built survey" of the pipe and conduits is
available.
9_ Purchaser shall not connect its pipes and conduits or
otherwise enter upon the Adjacent Property except under the direct super-
vision of Adjacent Owner's officers, employees or agents. This restric-
tion shall apply until such time as Purchaser is able to furnish the
3/26J84
-3
�� K 0618 Fd6E 2 4 8 •l t
*000
MC.
W '.1: A. '.. au34� >NY �.h�•Y�..
2-1-
.?'° ' � � 4 -. � 3`.9� fa',.� �§ �• '':. 'p.r?•�u�-","�•p*�
�ro� �` ga" ,may �'s x+i�.xr• Id r ,f+ `-.v '$[...-.
__ _ _
..pini• � ...3 .ti. �
aforesaid legal description and "as -built survey" showing the location of
the pipes and conduits to be installed for the purposes hereof. In
making its connections to the k'ater Plant, Purchaser shall make such
connections from those locations at the Property which are closest to the
Water Plant and shall run its lines straight and in the least obtrusive
manner in order not to interfere with, inhibit or restrict Adjacent
Owner's use and enjoyment of the Water Plant or any other portion of the
Adjacent Property. In the event of any.dispute, Adjacent Owner shall be
the sole determiner and arbitrator of where Purcbaser's pipes and condu-
its will be installed.
10.` Purchaser agrees to indemnify, defend and hold barmless
Adjacent Owner from and against any and all claims or causes of action
arising out of or by reason cf Purchaser's entry upon the Adjacent Pro-
perty -for, the uses and purposes intended by this Agreement. Prior to its
entry upon the Adjacent Property, Purchaser will produce certificates of
liability 'insurance in amounts acceptable to Adjacent Owner and showing
Adjacent Owner's interest.
11_ In the interim, and until such time as Purchaser shall
substantially commence the. construction of the expansion of the Water
Plant (unless this Agreement sball have lapsed as hereinafter provided),
Purcbaser shall have the right to draw water from the Water Plant (with-
out any expansion thereof) in a capacity sufficient to accommodate, in
accordance with existing standards of the City of Vero Beach, a maximum
of 125 mobile home units at the Property. For the purposes hereof,
Adjacent Owner grants to Purchaser a license over and -across that same
strip of land Purchaser would utilize in making its permanent connection
to the Water Plant. This license and interim right to draw water as
aforesaid shall be subject and subordinate at all times to the rights of
Adjacent Owner to terminate the same if, in its sole and unreviewable
discretion, it determines that the Water Plant no longer has sufficient
excess capacity to service the requirements of Purchaser without Purcha-
ser undertaking the expansion of the Water Plant. Purchaser shall pay
the entire cost of the installation and detachment of the pipes and
conduits used for the purposes hereof, plus the greater of (i) the excess
costs for which Adjacent Owner will be charged by reason of the imple-
mentation of this interim rigbt to draw water, i.e., municipal hookup
charges, increased real estate taxes, increased insurance premiums,
increased electricity or (ii) the cost of all gallonage consumed at the
highest rates -charged tberefore by the City of Vero Beach for similar
purposes. Furthermore, the provisions of paragraphs 9 and 10 above shall
similarly apply during this interim period.
12. This Agreement sball be recorded in the official records
of Indian River County, Florida as a covenant running' with the land.
13. This Agreement shall be binding upon and inure to the
benefit of the parties bereto, and their respective heirs, devisees,
personal representatives, successors and assigns.
27 84 -4 .o.R: OOK 56 PAGE 577
4 9 4! kDA 0678 PA 6� 2 4 8 21
APR' 4 1984 BOOK 56 LpAcE 578
14. No oral modification hereof shall be binding upon the
parties, and any modification shall be in writing and signed by the
parties.
• 15. This Agreement shall be governed by and construed under
the laws of the State of Florida_
16. This Agreement shall lapse and be of no further effect as
1987 unless prior tberet0, Purchaser has substantially
of February 1, the
commenced construction of the andion of diligently purs�uedruntiltcompletionh
construction once commenced shall b
17. Time shall be of the essence of this Agreement.
18. See page 6
IN WITNESS WHEREOF, the parties have hereunto set their bands
and seals as of the day and year first above written.
PURCHASER:
REALCOR-VERO BEACH ASSOCIATES
BY: Realtor Company of Vero Beach,
Inc.
By:_ v li—
I "-'
ts: Presiders
Attest:
ecretary,
ADJACENT OWNER: _
FLORIDA -ATLANTIC
ASSOCIATES NUMBER TWO
BY: Atlantic Mobile Homes, Inc.
By. Vice -Pr Iden
Its: - _ -
Attest
ts: Assista t Sec etaiy-;._'.•
1/27/84 -5
-0'-"--'0_ Z 4 8 }3
soox 6 T$ FASE
M �'�h�'�r��. ��� "�.!#"^�M1"kY,r�mh'•'ra'`"�'�b+? � .�it .�� `�' �� '+ i"#sF-�^ :s ""G .!' 'u-atc 3..r 1.,f - 9 - "' -� � it _ _ s'EF � .fi.
;Fe:.
S
•.
...r .. H
21
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• R? a
Y '7e'r`yr'�'•.•L +. 1" ;,.:'*S's"�.'�-f�,fn, ,���,'�s i...•rs,�v`.nav�
SELLER:
FLORIDA -ATLANTIC ASSOCIATES
BY: Atlantic Mobile Hon+es, Inc -
B
Y=
Its: Vice -Pr si e
...
Attest:
I Assistant Secr tary,,
j
18. This Agreement shall be subject and subordinate to the refinancing
now a lien upon the Adjacent Property provided that
of
th
holders of any
any
of the IIiortgages of said refinanced mortgages execute an instn t in w-uch
the - ho
they acknowledge that the rights i eted �rithethe tebed as
rms and co ditions hereof
long as the purchaser is inco�l
,The purchaser agrees to execute a subordination agreemmt if required by
/said mortgage holders.
APR 4 I94
1/27184
-6-
BOOK 56 PACE 579
46RA0678PA6E248:
APR - -4 1984
.PARCEL A
BOOK 56 PACE 500
Tracts 7 the Souand 2, less the North 30 feet thereof,' and Tracts 7 and
less t
h ha0o.fe11401At�ER]VEReFAR115 COI��PA14Y,sfiled3inothe�
nge 38 East, Plt
office of the Clerk of the Circuit Court of St. Lucie County, Floeida,
- in Plat Book 2, page.25; containing 160 .acres more or less; said
land now lying and being in Indian River. County; Florida.
LESS A14D EXCEPT THE FOLLOWING: Commence'at the Southeast corner of Tract 8,
Section 11, Township 33 South, Range 38 East, Indian River County,
Florida; thence run North 00 degrees 12' 13" blest along the East
-.line of Section 11, Township 33 South, Range 38 East., Indian River CountTownship,
Florida, a distance of 100.00 feet; thence run South 89 degrees 24'01"
West and parallel with the South line of aforesaid Tract -8 a distance
of 30-00 feet to the .West right-of=way line of -State Road _609 and the
Point -of Beginning.- From -the Point of Beginning continue -South 89 -degrees
24'01" West and parallel:with.the outh line of Tract 8 a distance
217.80 feet; thence run North 00-d . egrees 12'13" klest and parallel to
'the East line of Section 11 a distance of 100.00 feet; thence run North
89 degrees 24!01" East and parallel -to the South line.of Tract 8 a
distance of 217.80.feet to the West right-of-way line of State Road
609 (}mown as Ranch Road) thence run South 00 degrees _12'73" East along
the West right -of -Way line of State Road 609 and parallel to the East
line of Section 11 a distance of 100.00 feet to the Point of Beginning
containing 0.50 acres, more or less and all lying and being in Tract 8,.
Section 11, Township 33 South, Range 38 East, Indian River County, Florida.
PARCEL B
':feet of: Tract •].6, Section 101 Township 33
That part: of :the North 602.17
accord?n9-=to =the last gene-ral plat of lands of. the- Indian
Range 38_ East,
i'�rms"Company _filed -in P-iat_ Book =2, -..Page '25., Public Records of St. Lucie
County, `Florida,".wh�ch.I-i es East.:pf Interstate Route 95 (state Road No:
_ lass and excepting the East::40. feet thereof- for• road and :drainage- purpos
the boundary' of said parcel: being more' particularly :described,as follows
yiiC:. 'Trom.the-Northeast corner. -of the :.aforesaid ? act• 16;..run nortli 890
20"' West, 40 feet to a point -''on the V,est�.right-of-way line of 90th :.venu
the Point of Beginning; thence following. said West right=of-way line of
Avenue,. run South 00* .25' - 23!' West , 602.17_ feet; thence -leaving _ said rig:
way,' run North 89° 10' 20 lest, `770.2.feet-, more or less, 'to a point o:
East right-of-way line of .Interstate Route 95 (State Road:No_: 9); thence
lowing said'Eastright-of=way_.=1ine run' Northwesterly.'on�a:curve to the_r
having a' rad�us.`of 5579:58: feet subtended by- a central_ angle' of 06' 12'
ru.n Northerly an*- arc distance .of 60408 -fee .t,' more*or less, .'to'a point ;o
int"[-sect3*on with. -'North line of the aforesaid Tract 16; thence.run S
201, East,along the said North' line of Tract 36,.-a distance of_8
feet, more or less. -to the Point. of Beginning.
Containing 11.00 acres,' more or. -less, and lying and being in Indian Rive
County, Florida:',
"B678Pd6E24851
. Y•:G..bX_-as :•ik,.s. ;l'r• .. ... :. r. ..:. ., �az^:uRf }..xs.:1i.. ... ,... ,n .... ,.,x ..�.n,9kCk:u'..w L.. <. a- ,�.. ._ ...... ... .. .... wa C. ..w.__.. ... :. � - .<... ..,.+.-._.
"B"
Southeast corner of Tract 14, Section 2, Township 33
Commence at the So to Plat of Lands of Indian River Farms
Range 38 East, according
South, at Book 2, Page 25, of Public Records of St_ Lube
Company recorded in P1
inning, run South
County, now situated in Indiari River' CO unt' of beg a, also - being :19
Of beginning; t1 ence from the point-
point the.South line 'of Tract. 14 a distance of 5" West
33'03" West along
89 of Tract 14; thence run North 0004'05 "n
feet to the Southwest corner
-of r
along the
West line of Tract.14a distance of 686:71 feet, t ence
th
un
South
gg�46' 05" West a distance of 330.0 feet; thence r West oa4d0is-
Hest a distance of 330.00 feet; thence run South 89046'05" blest a distance of
tante of 330-00 feet; thence run North 00'ctio " Township33 South,
330-00 feet to the North line of Traact, 5" Section 2' the North line of
Range 38 East;
thence run North 89 46 OS East along
Tract 13 a distance of 660.00 feet to East Southwest
n
T
thence run0
North 004' 05"
Section 2, Township 33 South Range 38 ,
ce
feet; thence
11
West along the Gest line of Tract of a dis 7nfeet f th9en• e9 run Northerly
run North 89044'29" East a distance feet
on a curve concave to the left haven8un radius
l g a f c8rve00Concaveato the
along
an arc distance of 578:77 feet, thenc
having 12.94
a radius of 198.71 feet and runRo d arc distance
the cerun 1North
right h 8 way of State
feel to the South right, of Y way line of State Road 60 a
8eet to to East along the South right of y
distance of East
a feet; thence run Southerly along a curve concave to the'of 4
t having a radius of 138-71 feet and run as arc d r tance
d us of 875-00
left curve concave to the rigbt having a
feet; thence on a run
t and run an arc distance of 612.82 feet;
t dine thence
eTract 11, hsecction22',
fee 42.77 feet to the E
East a distance of
Florida; thence
Toy=nship 33 South, Range 38 East, Indian River County, 1 Y
South 0008' 11" .East along the East line of Tract 11 and Tract 14 a -�
run thence run Southeasterly along a curve concave
ce Of
distance of 695.47 feet;
to the right baying
a radius of 100.00 feet and run an arc dis as radius
alon a curve concave to the left having N
165.93 feet; thence run g �.
Ob feet and run as arc distance of 27.88 feet; thence run South
of 25 thence on a curve concave to
3605'00" East a distance of 114.31 feet;
w
radius of 660.74 feet and run an arc alr -radius of
the right having a r c,a
• thence on a curve concave to the left having a curve
773.61 feet; dis- ;r..
25.00 feet and run an arc distance
off 390..00 feet �a d Brun an.arc
Test a distance of 150.13 ®m'
concave to the left having a radius
tante of 75.56 feet; tbence run SouEast19'54'00"
a5 distance of 50.00 feet to The
feet; thence- run South 00126'57" Township 33 South, Range 38 East,
South line of Tract 159 Section 2, West along the
v Count Florida; tbence run South 99033'03" oint of
Indian Ri er y' a distance of 176.56 feet to the_ p .
Soutb line of Tract 15 BOOK 56 FACE581
beginniAPR 4 1984
r
APR `-4.1984
BOOK 56 PAGE 5r,2
Commence at the Southeast corner of Tract 14, Section 2, Township 33
South, Range 38 East according to Plat of Lands of Indian River Farms
Company as recorded in Plat Book 2, Page 25 of Public Records of St.
Lucie County, Florida now situated in Indian River County,- Florida;
thence run North 89033103" East along the South line of Tract.15 a dis-
tance of 176.56 feet- to the point of beginning; from the point of be-
ginning run North 0026'57" West and perpendicular to the South line of
Tract 15 a distance of 50.00 feet; thence run North 195400" East a
distance of 150.13 feet; thence run Northwesterly along a curve concave
to the right having a radius of 390.00 feet and run an arc distance of
75.56 feet; thence on a curve concave to the right having a radius of
25.00 feet and run an arc distance of 39.27 feet; thence on a curve
concave to the left having a radius of 660.74 feet and run an arc-dis-
tance
rcdis-tante of 773.61 feet; thence run North 36'05'00" West a distance of
114.31 feet; thence on a curve concave to the right having a radius of
25.00 feet and run an arc distance of 27.88 feet; thence on a curve
concave to the left having a radius of 100.00 feet and run an arc dis-
tance of 165.93 feet to the West line of Tract 15, Section 2, Township 33
South; Range 38 East, Indian River County, Florida; .,thence run North
00.008"11". West a distance of 98.00 feet to the Northwest corner of Tract
15; thence run North 89'39'01" East along the North line of Tract 15 and
Tract 16 a distance of 2660.46 feet to the Northeast corner of Tract 16
and the East line of Section -2, Township 33 South, Range 38 East; thence
run South 00'16'27" East along the East line of Section 2 a distance of
1339.73 feet to -the Southeast corner of Section 2, Township 33 South,
Range 38 East; thence run South 89°33'03" West along the South line -of
Section 2 and the South line of Tract 15 and Tract 16 a distance of
2489.30 feet to the point of beginning. Less.and excepting the East 40
feet of Tract 16 and subject to the South 50 feet of Tract 15 and Tract
16 for canal and roadway easements.
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-STATE OF FLORIDA ss
COUNTY OF IND17, P.IVER
I hereby certify that on this day. before me, an off -icer
duly authorized to take and certify acknowledgments, personally
appeared Shepard Foreat and Peter L. LeBron, to me known to be
the Vice President and Assistant Secretary, respectively, of
Atlantic Mobile`Aomesr Inc., the corporation which executed the
foregoing- instrument; that they signed their names thereto by
order of the Board of -Directors of said corporation; that
Atlantic Mobile Homes, Inc. is a partner of the firm of
Florida -Atlantic Associates, a New York general partnership,. the
firm described in the foregoing instrument; and that they
acknowledged to me that they executed the same freely and
voluntarily as the act and deed of said firm. for the purposes
'f therein expressed.
WITNESS my hand and seal this/31st day of J nuary 1984.
Nofary Public
I ' commission expires: ? i�
_�— . _- ._ �_ —�Y:� W.n`i:TS7 •X}:::C:::J j. l� t� •^� ` t ••^ e r
' .-�=�'�$" I'ua 7tar flin:Itf:_t.L• 6>ar' •.: • -
STATE OF FLORIDA )ss.: . .•
COUNTY OF INDIAN RIVER )
I hereby certify that on this day before me, an officer
duly authorized to take and certify acknowledgments, personally
appeared Robert. N.. Hatfield, Jr. and William W. Ranck, to me
known to be the President and Secretary, respectively, of Realcor
Company of Vero Beach, Inc., the corporation which executed the
foregoing instrument; that they signed their names thereto by
order of the Board of Directors of said corporation; that Realcor
Company of Vero Beach, Inc. - is a partner .of the firm of
Realcor-Vero Beach Associates, a Florida generapartnership, the
firm described in the foregoil ng instrument;, and that they
acknowledged to me that they executed the same freely and
voluntarily.as the act and deed of said firm for the purposes
therein expressed. -
WITNESS my hand and seal this 31st day of anuary 1984.
Notary Public
my commission expires:
i .._ _ ..... ?• • L.r. • lm -tet f`• .... • `
o.R BOOK 56 PAGE 583
$o�K 78 PA -6-E 2 4:8 a
APR ' 4 1994
• STATE OF FLORIDA ) ss.:
COUNTY OF INDIAN RIVER )
BOOK 56 ;FADE 584
I hereby certify that on this day before me, an officer
duly authorized to take and certify 'acknowledgments,, personally
appeared Shepard Forest and Peter L. LeBron, to me known to be of
the Vice President and Assistant Secretary, respectively,
Atlantic Mobile Homes, Inc., the corporation which executed the
foregoing instrument; that they signed their names thereto hat
by
order of the Boa.rd of Directors of said corporation;
Atlantic mobile Homes, Inc. is a partner of the firmof
Florida -Atlantic Associates, Number Two, a New York general
partnership, the firm described in the foregoing instrument; and
that they acknowledged to me that they executed the same freely
and voluntarily as the act and deed of •said firm for the purposes
therein expressed.
WITNESS my hand and seal this 31st day of Jarduary"1984.
Not ry_Public
.�''���'=�� •s."•''•,
My commission
expires: = 01
?
Ubtary Pubr
fi, State ofOM&
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. r
EXHIBIT "B"
SC MULE "p�'►
.PARCEL A
Tracts 1 and 2, -less the north 30 fee -t thereof,' and Tracts 7 and
, less* the South 60 feet" thereof, Section l'1, -Township 33 South
ange 38 East, Plat' of INDIAN RIVER FARMS COMPANY, filed i n the' -
office of the Clerk of the Circuit Court of St. Lucie County, Florida,
in Plat Book 2, pa9e.25; containing 160 -acres more or less; said
land now lying and being i_n Indian River; Co6nty, Florida.
LESS AND EXCEPT THE FOLLOWING: Commence'at the Southeast corner of Tract 8,
Section )1, Township 33 South, Range 38 East, Indian River County,
Florida; thence run North 00 degrees 12' 13" West along the East
line of -Section 11, Township 33 South, Range 38 East, Indian River County,
Florida, a distance of 100.00 feet; thence run South 89 degrees 24'01"
West and parallel with the South line of aforesaid Tract -8 a distance
of 30.00 feet to the -West right-of-way line of -State Road -609 and the
Point of Beginning. from -the Point of Beginning continue South 89 degrees
2410111 West and parallel -with -the South line of Tract 8 a distance
217.80 feet; thence run North 00 -degrees 12'13" West and parallel to
'the East line of Section 11 a distance of 100.00 feet- thence run North
89 degrees 24'01" East and parallel to the South line"of Tract 8 a
distance of 217.80 -feet to the West right -of, way line of State Road
609 (known as Ranch Road) thence run South 00 degrees -12'13" East along
the West right-of-way line of State Road 609 and parallel to the East
line of Section 11 a distance of 100.00 feet to the Point of Beginning
containing 0.50 acres, more or less and all lying and being in Tract 8,
Section 11, Township 33 South, Range 38 East, Indian River County, Florida.
PARCEL B
That para_•of :the North 602.17 -':feet of: Tract 1.6, Section 10, Township 33 Sou
Range 38 East,.acco.rding.•to the last general plat of lands of. the Indian Ri
farms-Company**ffIed in Piat• Book "2,- Page '25., Public Records of St. Lucie
County, "Flor.ic3a, which lies East :0 Interstate Route 95 (State Road No; 9)
fuss and. excepting the East= -40 -feet •thereof- for road and 'drainage. purposes.;
t')le bounary- of said parcel' being more par. ti cularly -described - follows, tc
wit: - From. the Northeast corner of the as :.aforesaid Tract 'I6
20"' West, 40 feet to ,.-run no10
a point'on the West :night -of -way line -of 90t -h- Avenue fc
the Point of Beginning; thence following said West right=of-w��y bine of 9btr
Avenue, :run South 00° 25':23" West, 602.17. feet; thence -leaving said right -c
way., run North .89° 10' 20" West, -770, 24 feet, more or
East right-of-way line of -Interstate Roless, oto a point on tr
ute 95 (State Road No: 9); thence fol
lowing said East'-right-of=way. line run' Northwes_ terly..on' a:curve to the. right
hnvin9 a' radius of 5579.58 feet subtended by. a central' _angle of 06� 12' 12'►
run Northerly an-zarc*distance of 604.08 feet,'more or less, -'to a point of
int:;_-r•seetion with. the North line of the aforesaid Tract 16; thence' run South
ti9° 10''20', East, along the said North- line of Tract 16,.-a distance of 810.3
feet, more or, less,. to the point. of Beginning.
Containing 11.00 acres,- more or •1 ess,and lyi
County, Florida.-. ng and being in Indian 'River
APR 4 1984
BOOK 56 PAGE 585
n11 --- J
AP R 4 1994
EXHIBIT
BOOK J PACE 586
C�
TE
WATER TREATMENT
PLANT SITE
/T
COW7?? y
S/G0E
R�SE.O.UL E R�.Qp
ccxrc%rsi� ,5
T•?E.4Tii1E'.VT 8 7 G
LOCA 7'10A MAS
21Z8/&i
•4r7.QcHs-��.c�'ig BEINDMF 6 ASSOCIATES INC„
1 4 /C.gTES CONSULTING ENGINEERS
/ �P4�t/GGI/SE AREi4 VEW Wim. fLMIDA
ATTAC "B..
- -- - -_ __z.�.�a..r.y _ ��..�.+.r�__ - _•� - - ... _.. ... �... .tiza .r�sN:•ay._... �> �_-- ..e � - _..a.5- -_ - =
5��'� �i'TtiS� F:ELRTI�IC:`ATE�OQE,a'
NAME AND ADDRESS OF AGENCY
+•axe:
P. ! : • - 291
- • Beach,� x:
NAME AND ADDRESS OF INSURED
REALCOR Vero Beach Assoc., Inc.
2045 Peachtree Road, NE
Atlanta, GA 30309
COMPANIES AFFORDING COVERAGES
COMPANY
LETTER A Great American Ins.. CO.
COMPANY
LETTER
COMPANY
LETTER
COMPANY
LETTER
'.
COMPANY
LETTER
This isto certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms. exclusions and conditions of such policies.
COMPANY
- -
POLICY
Limits of Liability in Thousands (Q f)) -
EACH
-
AGGREGATE -
- LETTER
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION DATE
"
OCCURRENCE
-
GENERAL LIABILITY
-
-
BODILY INJURY -
$
$
A
® COMPREHENSIVE FORM
Applied For
2-22-85
®-PREMISES—OPE RATIONS
PROPERTY DAMAGE
$
$
-
❑ EXPLOSION AND COLLAPSE
HAZARD
❑
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
CONTRACTUAL INSURANCE
PROPERTY DAMAGE
$1,000
$ 1, 000
BROAD FORM PROPERTY
COMBINED
DAMAGE
.INDEPENDENT CONTRACTORS
-
PERSONAL INJURY
$ 1,000
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
❑
(EACH PERSON)
$
COMPREHENSIVE FORM
BODILY INJURY
$
A
❑ OWNED
(EACH ACCIDENT)
HIRED
$ �
'
P
PROPERTY DAMAGE
J NON -OWNED.
Applied For
2-22-85
$
BODILY INJURY AND
PROPERTY
DAMAGE
1,000
COMBINED
EXCESS LIABILITY
UMBRELLA FORM
BODILY INJURY AND
PROPERTY DAMAGE
$ $ ;
❑ OTHER.THAN UMBRELLA
COMBINED
r
FORM
WORKIRS'COMPINSATIONI
STATUTORY
and
EM9Ps DYERS' LIABILITY
( ,
OTHER
1
I i
DESCR!PTICN OF OPERATIONS:Lcc,4riONS,VEHICLES
Mobile Home Park Land Development
Cancellation: Should any of the acove aescr!bed pollcles oe c3nce;'sa `7efore the exp!ratlon date thereof, the issuing com-
pany will endeavor to mall 38— days written I)avice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
APR 4
.ORD 25 (1 79)
NAME AND 40DRESS OF CERTIrICATE HOLDER
Indian River Co Utilities Dept.
f 1840 -25th St.
Vero Beach, FL 32960
®[i
DATE ISSUEDi March 14, 1984
BOOK
;PRESENTATIVE
56 PACE 537
APR
4
1994
BOOK
56
FADE 588
DISCUSSION
RE SELECTION OF PROFESSIONAL CONSULTANT
FOR
TRAFFIC IMPACT FEE ORDINANCE
The Board reviewed the following memo dated 4/3/84:
TO: The Honorable Members of the DATE: April 3, 1984 FILE:
Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: Traffic Impact Fee Ordinance -
Recommendations for Professional
Consultant Selection
FROM:
James W. Davis, P. E REFERENCES:
Public Works Director
DESCRIPTION AND CONDITIONS
The selection committee, comprised of the following members:
Jim Davis
Robert Fitzmaurice
Robert Keating
Michael Orr
Chris Paull
Cliff Suthard
met on April 2, 1984 to receive formal presentations from three professional
transportation firms which were short-listed from a group of nine (9) firms
submitting proposals for the subject project.
The committee unanimously agreed to.the following prioritization to begin
formal negotiation of a contract for services:
1. Barton-Aschmann Associates, Inc.,
Tampa and Miami, Florida
2. Kimley-Horn and Associates, Inc.,
West Palm Beach, Fl.
3. Diaz-Seckinger Associates, Inc.,
Tampa, Fl.
RECOMMENDATIONS AND FUNDING
The selection committee recommends that the Board of County Commissioners
approve the above priorities and that the County Administrator, County Attorney,
Public Works Director and Planning and Development Director begin negotiating
with the first firm, Barton-Aschmann Associates, Inc., for a contract for
professional service after which a recommendation to the Board of County
Commissioners would be prepared.
There are no funding considerations at this time.
46
Public Works Director Jim Davis stated that after the
Selection Committee met on Monday to receive formal
presentations from three firms, they prioritized the firms
for purposes of negotiating a contract for professional
services.
Chairman Scurlock asked if any of these firms conducted
the analysis for the Palm Beach County traffic impact fee
ordinance, which has been successfully pursued through the
court system. Attorney Brandenburg explained that
Kimley-Horn and Associates, Inc. of West Palm Beach was the
engineering firm that did the statistical data.
Barton-Ashmann Associates, Inc. conducted similar work in
Sarasota on another impact fee ordinance that is successful.
He noted that one of the attorney's who defended the Palm
Beach County ordinance, Craig Richardson, is associated with
Barton-Ashmann.
Administrator Wright reported that they had included
representatives from Fellsmere and Sebastian to assist in
the selection process, because once this ordinance is in
place, it will affect those cities also.
Chairman Scurlock understood that there was a
discussion at the'Vero Beach City Council level of possible
joint participation, and Administrator Wright explained that
the actual amount will depend on the amount of work that is
directly related to the municipalities.
Chairman Scurlock felt that before we move ahead with
anything other than authorizing the negotiations, he wanted
to see exactly what formula is going to be used to determine
the amount of participation.
Administrator Wright advised that once we select the
firm and define the scope, the amount of participation would
be determined and a formula would be brought back to the
Board for approval.
47
AP_ R 4 1984 sou '56 PAGE 589
ARR 4 1984BOOK 56' PaGE590
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) approved the recommendation
of the Selection Committee and authorized staff
to negotiate with the #1 firm, Barton-Aschmann
Associates, Inc., for professional consultant
services re a traffic impact fee ordinance.
DISCUSSION RE PROPOSED AMENDMENT TO SUBDIVISION ORDINANCE
The Board reviewed the following memo dated 2/23/84:
MEMORANDUM
TO: BW84
Commissioners y
FROM: Ps
DATE: F
SUBJECT: Subdivision Ordinance
Below is an excerpt from the Sarasota County land use
regulations:
Sarasota Land Development Regulations, Section B3:2.d
"Public or private street systems within the subdivision
shall connect directly to an existing paved road or street
which provides legal access, and which has a structural
and geometric design adequate to support the additional
traffic imposed".
(p. 4, Report 7, 8/9/83)
I would hope that we could adopt a similar regulation as an
Adjunct to our subdivision ordinance. It will have the effect of
cutting down on urban sprawl and limiting excessive maintenance
of unimproved roads.
Commissioner Lyons suggested that Indian River County's
Subdivision Ordinance be amended to include a regulation
similar to the one included in the ordinance adopted by
Sarasota County. He objected to County taxpayers paying for
construction of connecting roads in such cases.
48
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the
Board authorize staff to prepare an amendment
to the County's Subdivision Ordinance as above,
and submit it to the Planning & Zoning Commission
before bringing it back to the Board.
Commissioner Wodtke asked if this would mean that any
subdivision must connect directly to a paved road, and
Commissioner Lyons felt that the amendment could be modified.
by defining a subdivision as three houses or more, but he
felt very strongly that we should not have subdivisions of
any size that don't connect to a paved County road.
Attorney Brandenburg explained that the County's
Subdivision Ordinance includes certain exemptions, i.e.
five -acre subdivisions where even the interior streets need
not be paved. He suggested that this matter be referred to
staff for a recommendation to be brought back to the Board
atthetime other changes to the Subdivision Ordinance will
be considered.
Before taking any action on this matter, Commissioner.
Bird preferred to see some sort of a thoroughfare plan for
the County which would include paved and dirt roads.
Chairman Scurlock favored supporting some vehicle other
than this, such as an impact fee or monies escrowed to pay a
fair share of the paving. He believed it would be unfair to
hold a developer of a subdivision at the total mercy of the
County having to do something or possibly the State. He
emphasized the benefits, however, of consolidating
development, i.e. long-range planning for utilities.
Commissioner Lyons had no problem with that, but felt
that the County should have some sort of policy in regard to
approving subdivisions out in the middle of nowhere which
have dirt roads running substantial distances before
49
APR 4 1984 BOOK 56 PAGE 591
APR 4 1984 BOOK 56 PAGE 5*62
connecting to paved County roads. He believed that we are
going to be receiving more and more requests for paving such
roads and would like to see something incorporated into the
Subdivision Ordinance that at least addresses this problem.
Chairman Scurlock suggested a special assessment
program which would not require anything other than County
initiation, and he felt that perhaps the Board might want to
consider at some point in time a more aggressive plan for
assessing and paving roads.
Robert Keating, Planning & Development Director,
suggested that staff be authorized to spend the necessary
resources to research the problem and bring it back to the
Board for their consideration.
Commissioner Lyons and Wodtke agreed to reword their
Motion to read:
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the
Board authorize staff to expend the necessary
resources to research the problem and bring a
recommendation back to the Board for consideration
at a later date.
Public Works Director Davis was concerned about the
tremendous amount of work involved in on-going projects and
recommended that the County hire a right-of-way agent on a
full-time basis, which he believed would save the County
money in the long run, because there is so much work and
time involved in acquiring right-of-way. He pointed out it
- is not the actual paving of the road that the developer has
a problem with, it is the acquisition of right-of-way from
the owners in the area because most of our right-of-way is
substandard in width.
50
Administrator Wright advised that this request will be
included at budget time.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
Discussion followed regarding why the City has so many
dirt roads in some very exclusive areas, and Director Davis
explained that the City has taken the position that if the
people do not wish their roads to be paved, then the City
will charge them for the maintenance of those roads. He
noted that paving charges were higher in the City than those
in the County.
51
APR 4 1984
BOOK
56 PAGE 573
A P R 4 1984 BOOK 56 ' FACE 594
DISCUSSION RE GOLDEN SANDS OCEANFRONT PROPERTY OPTION
The Board reviewed the following letter dated 3/20/84:
GOLDEN SANDS INTERNATIONAL, INC.
P.O. Box 2893
Pompano Beach, Florida 33062
USA
March 20, 1984
The Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Re.: Option to purchase dd 12.22.83, as attached
Option to purchase balance of oceanfront.
Gentlemen :
We hereby refer to our conversations relating to releases of the
above mentioned option(s).
In case the County would.not receive the necessary funds under the
"Save our Coast" -plan, or would,be unable to raise monies to purchase
the optioned properties within forseeable time to be within the limits
of the options, the Board would generously release Golden Sands Inter-
national Inc. from the obligations of those options.
We assume that this is the case now, and therefore would like to ask
the Board to kindly make a decision at their upcoming meeting of
Wednesday March 29th,1984.
We thank you for your efforts in this matter, and remain,
yours ver truly,
GOLD ?Q'E TONAL I3t.
Attorney Brandenburg explained the past history of
these options and reported that Mr. Deprez, President of
Golden Sands International Inc., is requesting the County to
release the options as there has been some interest shown by
prospective buyers. Attorney Brandenburg recommended that
the County release the options per our agreement with Golden
Sands that in the event these two properties did not make
the "Save Our Coasts" priority list and the County
52
�s
recognized that it does not have the money or does not
anticipate having money to purchase them during the option
period, the County would voluntarily release the options.
ON MOTION by Commissioner Lyons
SECONDED by Commissioner Bird, the Board
unanimously (4-0) authorized the release
of options on the Golden Sands properties,
as recommended by the County Attorney.
LETTER OF COMMITMENT FROM FLORIDA NATIONAL BANK FOR SR -60
WATER LINE FINANCING - BOND ISSUES
Attorney Brandenburg explained that the County has been
working with a group of developers along SR -60 regarding a
water line to supply those developments and other potential
developments in that area with potable water from the
County's reverse osmosis plant at Oslo Road. For the last
month or so County's bond counsel has been working with
these developers, as well as several banks, on obtaining a
commitment to provide the funds to build that line The
County anticipates using about $800,000 of funds received
from the Farmers' Home Administration, along with the
$2 -million which will be derived from this commitment and
which will be paid back later through an assessment on the
properties of the developers who are requesting the service.
Attorney Sam Block, who is representing the developers, has
reported that certain changes have to be made to the
commitment, and he, therefore, suggested that we proceed
today on the basis that the general concept of the
commitment is acceptable to the County with the
understanding that any remaining difficulties will be worked
out with bond counsel to the County Attorney's satisfaction.
Attorney Brandenburg explained that Florida National
Bank will make the commitment only if the reserve funds and
53
BooK 56 PAGE 595
APR 4 "NeW
APR 4 1984 toa 56 PAGES: 6,
the sinking funds are maintained at their bank.
In other
words, the unused proceeds from the issue will remain in
their bank during the time the process is going on. OMB
Director Jeff Barton has raised an objection to that. It is
the Administration's position, however, that if that would
affect the deal, so to speak, then we should proceed with
the bank's desire under the commitment. Attorney
Brandenburg, therefore, recommended we agree to the bank's
desire in this limited instance.
Attorney Brandenburg explained that it was Director
Barton's concern that once those funds go into that account,
it becomes a non-competitive interest rate situation. He
emphasized that the entire cost of this assessment will be
paid by the group of developers of the project, and it
should not be the concern of the County if the developers
are in agreement on the amount of interest returned on those
reserves.
Chairman Scurlock agreed that if it is a case of
whether we fly or not, then let's go with it.
Attorney Brandenburg eased Director Barton's concerns
on the capability of the computer system to handle the
payments by explaining that the bank does not want a reserve
fund. They want a sinking fund set up into which all
payments on the assessments will be deposited on a yearly
basis. They do not care whether the payments go through a
County account immediately before being sent to the bank,
but they do not want the payments to be held in a County
account for 6 -months, invested during the interim, and then
sent to the bank with the proviso that the sinking fund is
then swept clean every six months to pay off bonds.
Attorney Brandenburg also informed the Board that the
the properties will have a lien on them for 10 equal, annual
installments. The bank will require that $205,000 of the
bonds be retired each year, and the County will coordinate
54
the annual installments on the property with the amount that
will be due each year to the bank.
Attorney Brandenburg advised that in the event a
developer does not pay his share, the County would be in a
position within the first 10 -month period to foreclose, If
the County does not step in and foreclose during that first
10 -month period, the bank wants approval to do it
themselves. He cautioned that in the event we are not able
to conclude the foreclosure proceedings during that one-year
period, then that yearly payment will be in default. There
is no acceleration on the entire $2 -million, but it would
look as if the bond itself was in default, and that is
something we should take great care to avoid. He felt the
likelihood of that happening is very minimal, because the
value of those properties are so high compared with the lien
against them. Secondly, the developers will probably make
other financing arrangements during the first 3 -year period
and take out all their share of the assessment in order to
sell off their property or obtain other financing.
Commissioner Lyons asked how long it would take to
foreclose and Attorney Brandenburg advised that it generally
takes three months. He continued that there is always the
possibility of litigation delaying the foreclosing.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bird, that the Board
approve this commitment in concept today,
await the revised commitment form being sent
over by Florida National Bank, and authorize
staff to bring back the final arrangements at the
next meeting.
Frank Zorc, local realtor, asked what percentage of.
water supply this waterline will take from the Oslo Plant,
,Y
55
APR 4 1984 BOOK 56 PAGE 597
APR 4 1984 Boa 56 ` PAGE 598:
and Administrator Wright replied that it will take 600,000
gallons out of 2.5 million gallons of production
capabilities; however, there are provisions to go up to
13 -million gallons per day.
Mr. Zorc also asked about the wastewater treatment and
Chairman Scurlock repeated the County's plans of pursuing
some type of subregional plant for that area, but right now
it would be package plants.
Utilities Director Terry Pinto felt that the term
"package plants" was being used very loosely; the package
plants that will be built in that area will be far from the
typical package plants now existing in the County due to the
size of the developments and new County requirements.
Attorney Brandenburg assured Commissioner Wodtke that
the interest rates are tax free to the bank over the 10 -year
period. He also explained that they are going to get
confirmation re the use of $800,000 for this project from
Farmers Home Administration.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
DISCUSSION RE A PUBLIC HEARING FOR SR -60 WATER LINE
ASSESSMENT
The Board agreed that the proposed resolution would be
placed on the agenda for next week's meeting.
56
� o r
DISCUSSION RE COMMISSIONERS' VACATION SCHEDULE
The Board reviewed the following memo dated 3/26/84:
TO: Board of County DATE: March 26, 1984 FILE:
Commissioners
SUBJECT: Vacation schedule
FROM Don C. Scurlock, Jr. REFERENCES:
Chairman
Since July 4th.falls on a Wednesday and the Board has agreed
to cancel the Commission meeting for the first week in July, I
would like to suggest that we cancel the meeting of June 27th
(the last week in June) giving the Commission two weeks of
uninterrupted vacation time. Budget sessions usually begin in
July and this year they probably will start on or about July 9th.
Please consider this and if you have no objections I will
bring it up at the April 4th meeting for approval.
The Board discussed their schedules and commitments
during the suggested time period and agreed to cancel the
Regular Meeting of June 27, 1984.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) canceled the Regular
Meeting of June 27, 1984 of the Board of County
Commissioners.
EMERGENCY MEDICAL SERVICE COMMITTEE REPORT
Commissioner Lyons reported that he is considering
disbanding the_EMS Committee as such and has instructed
Attorney Brandenburg to research the Statutes re the
Committee's charter. He believed the EMS Committee is ready
to make a final report on the questions raised by the
57
B00!( 56 FADE 599
APS 4 X984
J
APR
4
1984
Commission re emergency medical services.
He would
like to
see a new committee formed to be known as the EMS
Coordinating Committee and composed of one representative
from each of the emergency services in the county. He
suggested that he chair such a committee and have the
authority to accept the credentials of the members so that
if any changes in the membership occur, it would not have to
be brought back to the Board for approval. Because there
are still some inter -service problems, he would prefer to
have this committee keep track of 911, dispatching, etc.,
and maintain control of emergency medical services until
such time as everything is working smoothly. Commissioner
Lyons informed the Board that the EMS Committee has agreed
that the Emergency Management Director will be our 911
emergency coordinator and that there is a need to reshape
some of the sectors in the response map. After the next EMS
meeting, he will come back with a specific report on where
we stand on the original charter and a specific request for
a change.
Chairman Scurlock reported that he met with Vic Foster
and Gerald Rivenbark, representatives of the Volunteer
Ambulance Squad, who indicated their willingness to
cooperate. He recalled that we have had a conflict before
between the ambulance squad and the fire department as to
who will be the primary supplier of service. He felt that
the ambulance squad is really asking for a commitment from
the Commission that as long as they can provide adequate
staff with proper training, that they be considered as the
primary supplier of emergency medical service, even though
they realize that it might not be a volunteer operation at
some point in time.
Chairman Scurlock felt the matter of duplication of
medical supplies would be coming up at budget time and
alerted the Commission that a decision will have to be made
58
�1
as to whether or not to continue to consider the ambulance
squad as the primary provider,,or at what point do we start
to consider the fire department as the primary provider.
Commissioner Lyons -re-emphasized that the first and
foremost consideration in emergency medication action is
time. At present, the station nearest the scene of the
emergency answers the call, and is certain his
recommendation and that of the EMS Committee that the
closest source of emergency medical service continue to be
authorized to get to the scene first. While there is going
to be a certain amount of duplication, he felt the costs
would be quite inexpensive when you consider the volunteer
services provided.
Chairman Scurlock pointed out that the County has just
spent a substantial amount of money on radios which have two
channels and he felt it should be straightened out who is
listening to what channel and which service will respond to
the call and which service will return to their station.
Commissioner Lyons stated that he would like to have
the Ambulance Squad place this matter on the agenda of the
EMS Committee.
Commissioner Lyons also reported that another item was
one of training of MPs to go one step further than present
and be able to give intravenous treatment. The question
right now is the training schedule has not been settled as
to who goes first, etc. He advised that they are most
welcome to bring the matter before the EMS Committee.
APR 41994
M
BOOK 56 PAGE 0
Boa 56 : WE 602
COUNTY ATTORNEY'S OFFICE - OFFER OF SETTLEMENT ON DEMOLITION
LIEN AND A REQUEST FOR AUTHORITY TO FORECLOSE
The Board reviewed the following -memo dated 3/29/84:
TO: Members of the DATE: March 29, 1984 FILE:
Board of County Commissioners
SUBJECT: Offer of Settlement on
Demolition Lien --
Request Authority to Foreclose
FROM: Christophe J. Paull REFERENCES:
Assistant`County Attorney
This office requests input from the Board on the following:
1. We have received an offer of settlement of $1,500.00 from an
attorney representing the Estate of Ethel Ruth Ross, the owner
of property against which the County has a lien dated January
10, 1979, in the original amount of $1,747.36, plus 6%
interest, currently totaling $2,369.88 (see attached lien). It
is necessary that the Board either accept or reject this offer,
and if the offer is rejected, it is requested that the Board
authorize this office to initiate a foreclosure claim against
the estate and to carry on negotiations thereafter.
2. Request authority to initi-ate foreclosure action to collect a
demolition lien dated January 10, 1979, in the original amount
of $834.23 plus 6% interest, currently totaling $1,130.00, said
action to be taken against Gwendolyn Jones, the current owner,
and any others who might be liable. It appears there has been
a conveyance of this property subsequent to the date of our
lien and there may be a title insurance policy which will
provide coverage for our claim. The title company will not
redress this claim, however, until some formal action is taken
against their insured, Gwendolyn Jones.
Assistant County Attorney Chris Paull advised that this
item is merely a request for direction from the Board. He
is in the process of attempting to collect on a couple of
old demolition liens.
Item #1
Attorney Paull felt that rather than authorizing
foreclosure, there was a chance that we may receive a better
offer if the Board rejects this first offer.
MOTION WAS MADE by Commissioner Bird,
SECONDEDbyCommissioner Lyons, that the
Board authorize the following alternatives:
filing of foreclosure action; secondly, authorize
negotiation on the settlement; and, thirdly, .
rejection of the offer.
Under discussion, Commissioner Wodtke did not want to
foreclose without a current appraisal of the property.
Attorney Paull advised that if they receive another
offer, they will come back to the Board for their approval.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously 4-0.
Item #2
Attorney Paull explained that authorization is needed
to initiate foreclosure action against this property. There
is a title insurance policy that may be available to pay
this claim. However, they are reluctant to take any action
at all unless their insured comes to them and makes a claim
under the policy.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously (4-0) authorized staff
to initiate foreclosure action on Lot 2,
Block 2, Unit No. 1, Hillcrest Subdivision,
Parcel #26-32-39-01-0020-002.0.
DISCUSSION RE STAFFING OF LEGAL DEPARTMENT
Attorney Brandenburg recalled that during budget time
the Board instructed him to return with a request for
61
y
BOOK :` FADE �J
APR._ 4.1984
APS 4 1984 BOOK .56 FAGE604
additional staffing when he felt the work load in the Legal
Department warranted.it. The County Attorney advised that
he and his assistant, Attorney Chris Paull, have been
devoting substantial time to the major projects, and do not
have time to spend on the minor items which are piling up.
He, therefore, is advising the Board that there is a
definite need for a larger Legal Dept. at this point.
Attorney Brandenburg recommended bringing in additional
staff at an entry level and moving them up after training,
as opposed to their coming to the County for a little
experience and then moving on.
Commissioner Lyons asked about the work load involved
in acquiring the right-of-ways in connection with the many
on-going County projects, and Attorney Brandenburg reported
that the 16th Street project alone required right-of-way
negotiations with 27 property owners. The County Attorney
requested authorization to advertise immediately, and,
depending on the applications received, he felt that they
would probably bring someone on ina month or so. In
addition, he requested authorization to hire another
secretary at such time that the secretarial load warrants
it, which would probably be in one or two months time.
Attorney Brandenburg stressed that the need exists
.right now for either a paralegal or an entry-level attorney.
He explained that an entry level attorney is someone who has
just graduated from law school and has no experience, but he
preferred to hire an entry-level attorney as a paralegal's
role is limited. He pointed out that the difference in
starting salaries between a paralegal and an entry-level
attorney is approximately $2,000-$3,000 a year.
Discussion ensued regarding expanding the Legal
Department's working space to include the area where the
Credit Union is presently housed.
62
r
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bird, that the Board
authorize the County Attorney to proceed with
hiring additional staff for the Legal Dept.
and expansion of office space.
Attorney Brandenburg explained that an.entry level
secretary to assist the senior secretary would be paid
approximately $11,000-$12,000 a year. The salary range for
a paralegal is $14,000-$16,000 a year and an entry-level
attorney would be in the range of $18,000-$20,000 a year.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
DISCUSSION RE NEGOTIATIONS WITH CITY OF VERO BEACH OVER
HOSPITAL NODE SEWER ALLOCATION
Chairman Scurlock reviewed this on-going problem and
the possible solutions, various agreements and amendments
thereto. He noted that the Board authorized staff to pursue
with the City the possibility of a transfer to the hospital
node of some of the 600,000 gallon allocation for the 6th
Avenue area, and it has been agreed to bring this before
City Council for approval. He continued that he has visited
6th Avenue, and only 200,000 of the 600,000 gallon
allocation is currently being used.
Administrator Wright confirmed that the remaining
400,000 gallons have been reserved by developers in the 6th
Avenue and Indian River Boulevard area. We are moving ahead
with respect to engineering plans in regard to building a
subregional sewer plant or possibly two or three smaller
plants, but before we can ask the engineers to go ahead with
this study, we need to know what allocation we have from the
63
APR �9�4 BOOK 5& FAGS 9
APR 4 1984 BOOK 56 PAGE 666,
City. The Administrator recommended that the County request
that 100,000 gallon transfer be made to the hospital node on
an interim basis with the stipulation that when those
100,000 gallons are needed by the people who have purchased
the capacity, they must be returned. He felt what we are
trying to do is put this together as we have done on the
SR -60 waterline with the developer's cooperation.
Commissioner Bird asked if we were putting the pressure
on ourselves to build these plants.
Administrator Wright felt that we would be naive if we
thought we were not going to have to get into the sewer
business.
Considerable discussion ensued, and Commissioner Wodtke
felt that it was more logical to use the 100,000 gallon
allocation from the hospital node. Chairman Scurlock
reported that they had strongly pursued that solution, but
the City of Vero Beach had absolutely refused saying that
they are saving capacity for the possible annexation of
Dodgertown and the parcel of land upon which Albertson's and
the Southeast Bank is located.
Discussion continued re the need to get a determination
from the Environmental Protection Agency as to allocation.
Attorney Brandenburg thought that in the long run the County
is going to find that they have more rights to the City's
sewer plant than the City would like us to believe and asked
the Board's permission to pursue the matter.
Paul D onico, Vice President and General Manager of
Ral-Mar Associates, owners of 10 acres just west of the
hospital, noted that approximately 3-1/2 years ago they
received an additional water allocation of 10,000 gallons
per day from the hospital allocation while City Manager John
Little was on vacation. When Mr. Little returned, he stated
that the hospital did not have the right to give the
64
additional allocation and that it would have to go before
the City Council.
Fred Manning from Roseland asked why the County does
not take over all sewer, whether it is incorporated or not,
and quit all this bickering. Chairman Scurlock recalled
that there was an effort at one time to put the County into
the sewer business, but the problem was that all the
franchises would have to agree to it. He felt that we have
to establish our independence and not have to go hand in
hand and beg for allocations for sewer and water -- we
should be in a position where we don't have to rely on
someone else.
Frank Zorc was disturbed about the transfer of
allocation from 6th Avenue. He felt that whatever can be
spared from the 6th Avenue line should be used by the people
near that line. He thought that going to the EPA was an
excellent idea and suggested that his cousin in Washington
might be of great help to the County in determining our
rights, as he was with the EPA for years and is now in
private practice. The Commissioners agreed that was a good
idea and they would be delighted to talk with Mr. Zorc's
cousin.
The Board continued to discuss various solutions and
alternatives.
Attorney Brandenburg requested authorization to ask the
City certain questions on wastewater agreements. `
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) authorized the County
Attorney to proceed in questioning the
Mayor of Vero Beach regarding wastewater
agreements.
65
'1111984
APR 4
BOOK 56 PAGE 60 7
APR 4 1984
BOOK 56 PAGE 6g '.
Chairman Scurlock requested authorization for
appropriate staff to research the County's rights under the
EPA.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the
Board authorize out -of -County travel by
appropriate staff to research the County's
rights under the EPA grant.
Commissioner Bird felt it should be emphasized that we
are pursuing this in an effort to clarify our position and
not as a threat. We are just trying to find out where we
stand.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4=0).
The Board agreed to request the temporary transfer of
up to 100,000 gallons from the hospital wastewater
allocation as the next step, with the transfer period not to
exceed five years.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) authorized staff to request
from the City of Vero Beach the temporary
transfer of 100,000 gallons from the hospital
allocation for a period not to exceed five years.
N.N.
The Commissioners felt that if the City rejects the
first request, a second request for a temporary transfer of
100,000 gallons from the 6th Avenue allocation should be
formally placed on the City Council agenda.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
by a vote of 3-1, Commissioner Wodtke dissenting
and Commissioner Bowman absent, authorized the
Chairman to pursue the second alternate if
the first request is refused, by formally
requesting the City of Vero Beach to transfer
100,000 gallons from the 6th Avenue allocation
on an interim basis.
DISCUSSION RE JAIL PROJECT
Administrator Wright reported there have been
negotiations with Frizzell Architects to answer some of the
questions raised at the last meeting. Attorney Brandenburg
and Attorney Marcham, representing PDR, have secured a
release whereby PDR will not sue the County in the matter of
fees. To date we have paid Frizzell $52,000 for the PDR
design that was subsequently rejected; this was based on
1000 of schematic design figured on construction costs of
$6.6 million for the original jail design. Mr. Bail,
President of Frizzell Architects, has agreed to Indian River
County paying full schematic design fees for the $4.8
million jail designed by PDR. The County Administrator
explained that the architects are claiming that because we
reduced the scope of work from $6.6 million to $4 -million,
they encountered additional costs for additional services
outside the contract in the amount of $13,000. Mr. Bail
originally asked for 150 of the $4 -million jail, or $41,500,
plus extra services of $13,000. Back in the beginning,
67
BOOK 56 PAGE 609
APR 4 i994
J
APR 4 1984
BOOK 56' FAGE616
during the schematic design phase, they also did a court
feasibility study with the thought that this study would
lead to other business and enhance their position.
Administrator Wright recommended that we pay Frizzell
Architects $41,500 based on schematic design of the
$4 -million jail, plus half of the $13,000 additional costs,
with the understanding that there would be no -charge for the
schematic plan that was presented at the last meeting. He
advised that we are going to be credited on a pro -rated
basis for the $40,000 spent on the court feasibility study.
Commissioner Wodtke asked if we have a contract with
Frizzell re fees for the rest of the project, and
Administrator Wright confirmed that the contract sets the
fees on a sliding scale based on constructions costs.
The remainder of the cost will be paid on the scale of
approximately 6.7%.
Administrator Wright pointed out that the contract
states that the County owns the jail plans; Mr. Pinkerton,
however, wants the ability to sell this jail to somebody
else. He felt there is nothing to prohibit anyone from
coming in and reviewing the plans, but they cannot build
from the plan without paying an architect for certification.
Frizzell is asking for the ability to market the plan to
other counties. Administrator Wright believed that if Mr.
Pinkerton found out that he could not sell the jail plan to
other counties, then he might not want to do business here.
Commissioner Bird suggested joint ownership of the
plans whereby the County could give them to someone else and
Frizzell could sell them. Commissioner Lyons suggested that
Attorney Brandenburg determine the necessary wording so that
we are not prevented from giving the plans to another
county.
68
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the
Board approve the recommendation of Administrator
Wright, to authorize the settlement with Frizzell
Architects based on the schematics of the jail
designed by PDR at the approximate cost of
$4,083,900, with the understanding that the County
Attorney will negotiate joint ownership of the
plans.
Additional discussion ensued re the ownership of the
plans and the difficulties that might occur in coming to
some sort of an agreement with Frizzell.
Attorney Brandenburg felt that if the Board pushes this
into litigation, the County would end up with abetter deal,
but stressed that the jail would be delayed during the
selection of another architect.
Fred Manning suggested that the County receive a.
commission from the architects whenever they use the plans
in another area.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
Attorney Brandenburg advised that this matter needed to
be settled before we give the architect the go ahead on the
schematics.
SOUTH BEACH ANNEXATION
Commissioner Wodtke expressed concern over the County's
consent to holding a referendum on the annexation of South
Beach. He felt that it would put the County in acritical
position if the County's 90 acres are the tip of the iceberg
69
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a APR, 4 800K 56 PAGE6IJL
X994
V1
r
APR
4
1994
Boa
56
FACE6
that puts the
consent over the the requirement of 50%
of
property owners needed to get the referendum. He urged the
Board to reconsider action taken at the meeting of 2/29/84
when he was not present where the Interlocal Agreement with
the City of Vero Beach was approved, which stated that in
the event of annexation of South Beach, the City would allow
the County to develop Round Island Park in its own manner,
and in return for that, the County would send in a
referendum consent card on the 90 acres of park property
owned by the County. He believed that the public feels that
the County by signing the consent form is to a certain
extent agreeing with the annexation.
Attorney Brandenburg explained the rationale for
signing the Interlocal Agreement and agreeing to the
consent for a referendum was that the County recognized the
City may have the capability of annexing Round Island Park
whether we consent or not, and it was hoped this action
would protect the County's rights to developing the park.
Commissioner Lyons felt that there was another reason
why the County had sent the consent card in and that was to
show a certain amount of neutrality in the annexation issue.
The Commission wanted the people to have the opportunity to
decide.
Attorney Brandenburg explained that the only way the
County can rescind the consent for a referendum is to breach
the Interlocal Agreement and he did not recommend that. He
asked if the Commission would like to adopt a resolution at
the next meeting, which would give certain assurances to
South Beach property owners that the Commission intends to
fully represent them in all matters in the future, and if
they are not annexed, the County Commission intends to go
ahead and provide them with water and sewer services to the
z best extent possible, etc. He further noted that a
resolution could be adopted requesting the City of Vero
70
Beach to withdraw the park property from the boundaries of
their annexation. Such a resolution would not be in
violation of the Interlocal Agreement.
Commissioner Bird emphasized that the Commission
approved the agreement without taking a position on the
annexation.
The Board was in agreement that Attorney Brandenburg be
instructed to draw up a resolution of neutrality on the
matter of annexation and present it at the next meeting.
DOCUMENTS TO BE MADE PART OF THE RECORD
Resolution 84-21 adopted at the the Board of County
Commissioners meeting of March 14, 1984, having been. duly
executed and received is hereby made a part of the Minutes.
71
1. 494
APR 4 [z)
BOOK 56 PAGE 613
APR 4 1994
BOOK . 56 ',PAGE 64
RESOLUTION NO. 84-21
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA EXPRESSING ITS
INTENT TO PURSUE DESIGNATION OF INDIAN RIVER COUNTY
AS A REDEVELOPMENT AREA.
WHEREAS, Indian River County is presently experiencing
a high rate of unemployment; and
WHEREAS, it is a worthy objective of the Board of
County Commissioners to seek a reduction in unemployment within
the County through all available means; and
WHEREAS, the United States Department of Commerce has
notified the County that it is statistically eligible to meet the
qualifications of the Department for designation as a redevelop-
ment area; and
WHEREAS, designation of this County as a redevelopment
area will qualify the County for federal funds which may be used
in the effort to reduce unemployment within Indian River County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board
formally expresses its intent to pursue designation of this County
as an EDA Redevelopment Area and that the County proposes to take
the necessary steps to participate in the Economic Development
Agency of the United States Department of Commerce programs,
including the establishment of an OEDP committee and the prepara-
tion of an overall economic development plan for Indian River
County.
The foregoing resolution was offered by Commissioner
Wodtke who moved its adoption. The motion was seconded by
Commissioner Bird and, upon being put to a vote, the vote was as
follows:
Chairman Don
C. Scurlock, Jr.
- Aye
Vice -Chairman Patrick B.
Lyons
- Aye
Commissioner
Richard N.
Bird
- Aye
Commissioner
Margaret C.
Bowman
- Aye
Commissioner
William C.
Wodtke, Jr.
- Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 14th day of March, 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By �_ <)�C
Chairman
APPROVED AS TO FORM
AND LEGAI,,41 ICIENCY: Attest --,,--.r
FREDA WRIGHT,
County Attorney
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. 91390 - 91593 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 duly made,
seconded and carried, the Board adjourned at 1:15 o'clock
P.M.
ATTEST:
Clerk Chairman
73
APR 4 1984 BOOK 56 PAGE 615