HomeMy WebLinkAbout5/23/1984Wednesday, May 23, 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, May 23,-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, Intergovernmental
Director; Jeffrey K. Barton, OMB Director; Barbara Bonnah
and Virginia Hargreaves, Deputy Clerks.
The Chairman called the meeting to order and led the
Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Attorney Brandenburg requested the deletion of Item D,
"Request approval to let for bid, Study of Fleet Management"
from the the Consent Agenda.
Administrator Wright requested the addition to today's
Agenda of a discussion re an interim appointment to the
Mental Health District.
OMB Director Jeff Barton requested a meeting of the
North County Fire District.
Attorney Brandenburg requested that a time certain be
set for the consideration of Solin & Associates, Inc.
proposal for PUD and Site Plan Review.
A. M.
MAY 2 3 1984
It was set for 11:53
BOOK 57 FACE 1118
Fpp"- -1
MAY 2 3 1984 BOOK J ! -FAGE 119 .
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0, Commissioner Bowman being
absent) added the above items to today's Agenda.
Commissioner Wodtke suggested that a Resolution be
prepared re the volunteers who helped with the landscaping
in back of the Courthouse in commemoration of Beautification
Day. The Commissioners agreed that a Resolution would be a
fine idea.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any additions or
corrections to the Minutes of the Regular Meeting of May 2,
1984. There were none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously (4-0) approved the
Minutes of the Regular Meeting of 5/2/84,
as written.
2
CLERK TO THE BOARD
A. Approval of renewal Application for Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 5/9/84:
TO: The Honorable Members of DATE: May 9, 1984 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMIT - RENEWALS
FROM: Michael Wright REFERENCES:
County Administrator
The following individuals have applied for pistol permit
renewals:
Christian C. Brucker
Emma S. Brucker
All requirements of Ordinance 82-27 have been met and are
in order.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) renewed a permit to carry
a concealed firearm for:
Christian C. Brucker
Emma S. Brucker
0
3
MAY 2 3 1984 BOOK '57 PAGE 120
MAY 2 3 1984 Boa 57 PAGE 121
CONSENT AGENDA
Commissioner Wodtke requested that Items B & C be
removed from the Consent Agenda at this time.
A. Reports
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau - Special Trust Fund
April, 1984 -- $37,718.96
Traffic Violations by Name - April, 1984
D. Request approval to let for bid, Study of Fleet
Management
Attorney Brandenburg requested that this item be
deleted from the Consent Agenda, and the Board agreed.
E. Adoption of Resolution requesting Legislature to change
scoring methodology for Florida Small Cities Community
Development Block Grant
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) adopted Resolution 84-33,
requesting the Legislature to change the scoring
methodology for Florida Small Cities Community
Development Block Grant.
4
r
RESOLUTION NO. 84- 33
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA REQUESTING THE
LEGISLATURE OF THE STATE OF FLORIDA TO REVIEW AND
MODIFY THE CRITERIA USED IN RANKING CITIES AND
COUNTIES UNDER THE FLORIDA SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS the method used by the Department of
Community Affairs to rank cities and counties on a statistical
basis utilized county -wide statistics;
WHEREAS this method places counties such as ours at
a tremendous disadvantage to the detriment of those needy
residents in Indian River County; and
WHEREAS Indian River County contains some very
affluent areas with individuals whose income when averaged with
other areas produces a statistically deceiving medium income of
$23,100.00 for our County; and
WHEREAS the weighting of this statistic by the high
incomes of a small percentage of our residents works to the
substantial disadvantage of the poor individuals in our County who
could benefit from the intent of this program.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that
1. The legislature of the State of Florida is urged to
review and modify the criteria used for ranking cities and
counties under the Florida Small Cities Community Development
Block Grant Program.
2. Indian River County urges the legislature and
Department of Community Affairs to adopt census tract data as a
base to evaluate levels of poverty or some other method where a
ranking is accomplished that fairly reflects the economic level of
those individuals admitted for participation in the program.
3. The Clerk of the Board of County Commissioners is
authorized and directed to submit a copy of this Resolution to
each member of the Indian River County Florida Legislative
Delegation.
MAY 2 3 1984 -1- BOOK 57 FACE 122
MAY 23 1984
BOOK 5I FAPUE 123,
The foregoing resolution was offered by Commissioner
Bird who moved its adoption. The motion was seconded
by Commissioner Wodtke 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 Absent
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd day of May , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Attest:ka,_' mtl'
FREDA WRIGHT
Clerk
APPROVED AFORM
AND LEGALjjj�
Y./
By
Attorney
ByG
DON C. SCURLOCR, JR
Chairman
F. Approval of Appointments of Robert J. Eggleston and
Donald H. Smith to Indian River Housing Authority
The Board reviewed the following letter dated 5/8/84:
OF THE SrSTATE OF FLORIDA
H y � SOT
'f trz of #4.e ("'boventux
u
THE CAPITOL
TALLAHASSEE 32301-8047
BOB GRAHAM
GOVERNOR
g9gyl��4
May 8, 1984
Honorable Don C. Scurlock
Indian River County Commission
1840 -• 25 Street
Vero Beach, Florida 32960
Attention: Mr. Michael Wright
Dear Chairman Scurlock:
Governor Graham has appointed Robert J. Eggleston and
Donald H. Smith to the Indian River Housing Authority
According to Section 421.05, Florida Statutes (1983),
County Commission approval is required.
Please place this matter on the agenda for the next
County Commission meeting, and write or call me at
904/488-2183 to let me know the results.
Thank you.
Sincerely,
Barbara White
Deputy Appointments Coordinator
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) approved the appointments
of Robert J. Eggleston and Donald H. Smith to
the Indian River Housing Authority.
7
MAY 2 3 1984
BOOK 57 FACE x.24
I
MAY 2 3 1984 BOOK 57 PAGE 125
G. Surplus Property - Dragline with Carrier
The Board reviewed the following memo dated 5/15/84:
TO: Board of County Commissioners DATE: May 15, 1984 FILE:
THRU: Michael Wright SUBJECT: Surplus Property -
County Administrator Dragline - Carrier
FROM:-'tt�-� �- REFERENCES:
Carolyn Goodrich, Manager
Purchasing Department
1. Description and Conditions
The Road & Bridge Department has the following dragline with carrier
that is no longer in use:
Asset #1610 - Serial Number #2366H-14576 - Purchased new
in 1970 - $21,628.00.
This piece of equipment was not traded when the 1982 Little Giant was
purchased, because it was felt it would demand a higher price on the
open market.
2. Alternatives and Analysis
In order to sell this equipment to the highest bidder, the Board of
County Commissioners must declare it as surplus property.
3. Recommendation
It is recommended that the Board of County Commissioners declare the
dragline with carrier as surplus property so it can be advertised and
sold to the best bidder.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously (4-0) declared the
dragline with carrier as surplus property so it
can be advertised and sold to the best bidder, as
recommended by Purchasing Manager Carolyn
Goodrich.
E:1
H. IRC Bid #201 - 40 Cu. Yd. Open Roll Off Containers
The Board reviewed the following memo dated 5/14/84:
TO: Board of County Commissioners DATE: May 14, 1984 FILE:
THRU: Michael Wright SUBJECT: IRC BID #201 - 40 Cu. Yd. Open
County Administrator
Roll Off Containers
FROM: REFERENCES:
aro yp Goodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received May 8, 1984 at 11:00 A.M. for IRC #201 - 40 Cu. Yd. Open
Roll -Off Containers for the Refuse Department.
5 Bid Proposals were sent out. Of the 3 bids received, 1 was a "No Bid."
2. Alternatives and Analysis
Both bids met all specifications. The low bid was submitted by Hesco Sales, Inc.,
Hialeah, F1., for octagonal bottom containers. Bid price - $2,462.00 Each,
total of $7,386.00 for 3 containers.
3. Recommendation and Funding
It is recommended that IRC BID #201 be awarded to the low bidder,.Hesco Sales, Inc.
Funds are budgeted in Account #004-209-534-66-49.
Balance as of May 14, 1984 - $11,193.00.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously (4-0) awarded IRC Bid #201 for
three 40 Cubic Yard Containers to the low bidder,
Hesco Sales, Inc., in the amount of $2,462 each,
as recommended by Purchasing Manager Carolyn
Goodrich.
� MAY 231984
9
Boa 57 PAGE iz
-- I
I
MAY 2 3 1994
BOARD OF COUNTY 010MM."SSiONERS
BOOK 57 PACE 127
1840 25th Street
Vero Beach, Florida 32960
MD TABULAT;'ON
Q
BID NO. JDATE
IRC BID #201
OF OPENING
May 8, 1984
BID TITLE 40 Cu. Yd. H.D. , Open
Roll Off Containers
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
1. 40 Cu. Yd. H.D. Roll Off
Containers (Octagonal) 3 Each
2462
00
N/B
Sguare Bottom
2662
00
2550
00
2. Days required for delivery after
receipt of Purchase Order
Days
21
30
B. IRC #199, Soil Stabilization Machine
The Board reviewed the following memo dated 5/14/84:
TO: The Honorable Members of DATE: May 14, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: IRC # 199 One(1) New Soil
Stabilization Machine for
Road and Bridge Department
FROM: James W. Davis, P.EC?
REFERENCES: -
Public Works Director
DESCRIPTION AND CONDITIONS
Bids were received April 10, 1984 at 11:00 AM for IRC #199 -
One New Soil Stabilization Machine for the Road and Bridge
Department. This piece of equipment was approved at budget
hearing for FY83-84.
Twenty-three Bid Proposals were sent out. Of the 15 Bid
Proposals received, 13 were "No Bids".
10
� � r
ALTERNATIVES AND ANALYSIS
Both bids met all specifications. The low bid for a new
machine as requested in the bid specifications was submitted
by DeWind Machinery, Orlando for a Rexworks HD5 Pulverizer in
the amount of $58,598.00.
W.W. Williams Co., West Palm Beach submitted a bid in the
amount of $56,790.00 for a Bomag MPH 50. This machine is a
factory demo with approximately 200 hours on it. However, this
is not a new machine as requested in the bid specs.
RECOMMENDATIONS AND FUNDING
It is recommended that IRC #199 be awarded to the low bidder,
DeWind Machinery, Orlando, for a new REX HD5 in the amount of
$58,598.00.
At the present time, $46,653 is available in Account $004-
241-541-66.43, Road and Bridge, Heavy Equipment Account. It
is requested that $11,945, be line transferred ($5,000 from 004-
214-541-33.19 Professional Services balance $9209 and $7000 from
004-214-541-33.64 Maintenance Automotive Equip - balance $28,984)
to overcome the shortfall. These funds may be replaced once
surplus Road and Bridge equipment is sold.
Commissioner Wodtke questioned the necessity of
purchasing this item now since it appears there isn't enough
money available, and Administrator Wright explained that
there was a bit of a budget snafu on this item. What they
had intended to do is use monies derived by the transfer of
the D4 to the Landfill and a back hoe to Utilities to
supplement the cost of this machinery. That occurred prior
to October 1, 1983, but the money which should have been set
aside for this additional equipment acquisition was rolled
into the cash carry forward. In essence, it was lost in the
shuffle of the budgetary process. We are within $11,000-
$12,000 of having sufficient funds to pay for the machinery,
which is needed now, and we will absorb that amount
internally by doing line to line transfers.
Chairman Scurlock suggested that if there is that
ability with that many line transfers, perhaps the budget
was too fat. Administrator Wright felt, however, that it
meant that they were cutting corners in other areas to
absorb this expense.
11
L MAY 2 3 1984
BOOK 57 PACE 128
I
MAY 2 3 1994 BOOK 57 PAGE 129
Chairman Scurlock asked what problems would be
encountered if we delay action, and Administrator Wright
stated we would have to rebid the item and he felt that
additional delay would not benefit the County to any extent.
Public Works Director Jim Davis pointed out that this
stabilizer mixer is a very specialized piece of equipment
and all heavy machinery companies do not carry it. Out of
the 17 bid solicitations sent out, only two bids were
received. The present Rex stabilizer mixer is being used
full time on the petition paving and road building programs.
This mixer would be an additional machine which would
actually save a substantial amount of money by using shell
that has been washed off unimproved roads out of the swales,
as opposed to mining shell.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bird, that the
Board award IRC Bid #199 for one new soil
stabilization machine to the low bidder, DeWind
Machinery of Orlando, in the amount of $58,598, as
recommended by the County Administrator.
Under discussion, Commissioner Wodtke asked if we had
budgeted this piece of equipment, and Administrator Wright
explained that a flat amount of money had been budgeted, but
it did not specify any particular piece of equipment.
Commissioner Wodtke felt that the wording in the memo was
misleading.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
12
Z46RD OF COUNTY COMMISSIONERS
1Rdn 95th Sereet I //�.. _ / %i / r J h / / t` AGN
� Vero Beach, Florida 32960
BID TABULATION
,r
��
v e`t
�
_ —
DID NO.
IRC BID #199
DATE OF OPENING
April 10, 1984
BID TITLE
One (1) NEW SOIL STABILIZATION MACHI
ITEM DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
NO.
I L
1. One (1) New Soil Stabilization
Machine 1 Each
Z�j
,cJ
J�3
s'f'S'p
00
7.i'0. 0 0
z �C
7 )D
'(07 0a
)` BOARD OF COUNTY COMMISSIONERS1840 25th Street. )4 X.li
Vero Beach, Florida 32960 tl P
BID TABULATION
BID NO. DATE OF OPENING���
IRC BID #199 April 10, 1984
BID TITLE
One (1) NEW SOIL STABILIZATION MACHI
ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT
X�
s
UNIT PRICE I UNIT PRICE I UNIT PRICE I UNIT PRICE I UNIT PRICEI UNIT
1. One (1) New Soil Stabilization
Machine 1 Each ,t/ oe ZGj �� til( IJ
C. Appointment of Katherine Schenk to District IX Health
Council, Inc.
The Board reviewed the following memo dated 7/1/84:
`c� ick Bird 'ssioner Utilities — 2800 Indian River Blvd., U-7
In >blj I g my Commission Finance — Vero Beach, FL 32960
1840 2 reet Other May 10, 1984
Vero Beach, FL
Dear Mr. Bird:
In reference to the recent notice in the Press -Journal regarding a vacancy on the
District 9 Health Council, I am writing .to express my interest -in serving. I have
been a legal resident of Vero Beach since 1979. In May of 1982 I took early retirement
from the Duke University School of Nursing in North Carolina, where I was an Associate
Professor of Nursing.
My professional experience has been in Nursing Education and Administration of schools
of nursing. My education has included a baccalaureate degree from Simmons College in
Boston, Mass; a Master of Science degree from Boston University; and a doctorate in
education from the University of Florida, Gainesville.
I worked for several months on a sabbatical project with the Visiting Nurse Association
of Indian River County in 1980; and at present I am an active volunteer with that org-
anization. Thus I feel I am aware of -many of the health care.needs within this commun-
ity.
I have been interested for many years in the delivery of health care in the best possible
way for consumers; this was the philosophical basis for my sabbatical project. I have
done much reading and some writing on the subject. Serving with a group such as the
Health Council seems to me a very appropriate way for the community to use my abilities.
I have always been able to work well with others; my career involved such experiences
on a daily basis.
13
MAY 2 3 1984 Boon 57 PAGE 130
AY 2.3 1984
BOOK 57 PAGE 131
If you wish further information I can send you a Curriculum Vitae; also, references. I
do have one problem at the present writing: my husband will be having pre -arranged
cardiac.surgery this summer at the Dartmouth -Hitchcock Medical Center in New Hampshire
and we must soon leave for the north. My temporary address there will be:
c/o J. Dwight Schenk
Box 125
Grafton, NH 03240
We expect to return home after his recuperation; in any case, by early fall.
I look forward to hearing from you.
Sincerely,
(Dr.) Katherine Schenk,
Assoc. Prof. Emeritus, Duke University
Commissioner Wodtke wondered if the status of this
council would affect the requirements for appointments. It
was found that none of the Commissioners had talked with
Mrs. Schenk, and noted that Mrs. Schenk would be out of town
until fall.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) deferred this matter.
FOURTH COURTROOM - FINAL PAYMENT TO ARCHITECT AND REQUEST TO
BID CONSTRUCTION
The Board reviewed the following memo dated 5/8/84:
TO: The Honorable Members of DATE: May 8, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright, SUBJECT: Final Payment to Architect for
County Administrator Design Phase of Fourth Courtroom
FROM:James W. Davis, P.E., REFERENCES:
Public Works Directo
DESCRIPTION AND CONDITIONS
Calmes and Kellagher Architects has completed the design
phase including preparation of construction documents for the
Fourth Courtroom. At this time, the Architects are requesting
payment for the complete design phase in the amount of $572.57.
The County has paid $21,375.93 as partial payments.
14
ALTERNATIVES AND ANALYSIS
The County and Circuit Court Judges have reviewed the design
and have no objections. County staff has no objections to the
design., subject to the attached comments.
RECOMMENDATION AND FUNDING
Staff recommends approval of final payment in the amount
of $572.57. Funding to be from Account 301-131-519-33.19
Administrator Wright noted that final payment of
$572.57 was due for the design phase.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) authorized final payment of
$572.57 to Calmes and Kellagher Architects for
the design phase of the fourth courtroom.
The Commission then discussed the matter of advertising
for bids for construction of the fourth courtroom.
Public Works Director Jim Davis recommended that the
Fire District Inspector review the plans to be sure there is
no question about meeting all fire regulations.
Chairman Scurlock expressed the Board's reluctance to
do anything that would impact the downtown area negatively
and pointed out that the Courthouse is an integral part of
the area. Although the proposed fourth courtroom has been
referred to as "temporary", he did not personally anticipate
moving the courtrooms over to the criminal justice complex
for at least ten years. He noted that extensive landscaping
and beautification of the courthouse parking lot had just
been completed, and felt there would be other uses of the
courtroom that would be acceptable for the facility for a
considerable time beyond the ten years.
Commissioner Bird asked if it was conceivable for some
time in the future to split up the criminal or civil courts
15
MAY 2 3 1984 BOOK 57 PAGE 132
MAY 2 3 1984 BOOK 57 FACE 13
and relocate them in the criminal justice complex, and Judge
Charles Smith advised it would be very difficult to split up
the Circuit Court and he would recommend that the County
Court be moved first.
Commissioner Lyons felt that if we decide to expand the
complex and remain in the present Courthouse site for the
next 10 years, all additional costs should be considered,
such as additional parking. We should get aggressive and
have a definite plan.
Chairman Scurlock agreed that additional parking in the
Courthouse area should be considered in next year's budget.
Commissioner Bird suggested that we go ahead today and
okay going out for bids and also instruct staff to.take a
look at additional parking.
Architect John Calmes explained that total estimated
cost of $285,000 included construction costs of $193,000,
$17,000 for the purchase and installation of recording and
amplification equipment, and $75,000 for furnishings.
He explained that the courtroom requires a sophisticated
sound system and that the air conditioning capacity must be
improved and updated according to UL requirements. The
present equipment would not be adequate to handle the
necessary load to meet the room capacity. He also noted
that there are substantial electrical improvements required.
Another prime consideration is the utilization of the
witness room. They have taken extra precautions to make
sure that room is soundproof. The acoustics of the
courtroom itself is very important, and the participants in
the courtroom must be able to hear what is being said.
Commissioner Bird asked if the limited ceiling height
would present any acoustical problems and Mr. Calmes said
that the ceiling height is less than he would like to see,
but they have taken this into account in their design
16
considerations. He felt that the end result will be a
facility that can be used with pride for a great many years.
Administrator Wright confirmed that court facility fees
could be used to pay for the furnishings.
Mr. Calmes advised that they have designed the air
conditioning system to allow the greatest sound reduction
possible from the blowers.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bird, that the
Board approve the request to advertise for
bids for construction; instruct staff to
come back to the Board with a plan for the
additional parking needed for the fourth
courtroom; and to include a funding report.
Under discussion, Commissioner Wodtke felt that he
could not vote to spend this much money. He understood that
the County is going to completely demolish the courtroom and
somebody else will just come in and build. He felt that
$285,000was undoubtedly too much money for a 40 x 70 size
room and that we could build a brand new building for that
price. If that is what the bids are going to be, it is way
out of line.
Commissioner Lyons just wanted to put the job out for
bids and see what kind of prices we get. He felt that we
would not be committed to buying anything yet.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried by a
vote of 3-1, with Commissioner Wodtke
dissenting.
17
MAY 2 3 1984 BOOK 57 FAcF 134
MAY 2 3 1984 BooK 57 FACE x.:35
PUBLIC HEARING - COUNTY -INITIATED REQUEST TO REDESIGNATE
ERCILDOUNE HEIGHTS SUBDIVISION FROM LOW-DENSITY RESIDENTIAL
1 TO LOW-DENSITY RESIDENTIAL 2
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 of�u-�'��7/�
in the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, 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 subscribed bAfore rgL-1thin___ .0 Ir day of A. D. 19 d T
Manager)
(Clerk of the Circuit CourfVdian River County, Florida)
(SEAL)
18
NOTICE — PUBLIC HEARING
TO CONSIDER ADOPTION OF A COUNTY
ORDINANCE AMENDING THE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN
Notice of hearing Initiated by Indian River
;ounty to consider the adoption of a County Or -
fiance amending the Land Use Element of the
3omprehensive Plan by redesignating land from:
LD -1, "Low Density Residential 1 ', (up to
3 uniffi/acre) to LD -2, "Low Density
Residential 2", (up to 6 units/acre). The
subject property Is located west of 78th
Avenue and 110 Street and north of
140th Street Ercildoune Heights SubdM-
sion.
The subject property is described as:
Lots 4 through 15 inclusive; Block A;
Lots 1 through 6Inclusive, Block B; and
Lots 1 through 5 Inclusive, Block C; ER-
CILDOUNE HEIGHTS SUBDIVISION NO.
1, according to the plat thereof recorded
Iry Plat Book 3, Page 74, Indian River
County Records; said land lying and
being in Indian River County, Florida,
together with:
Lots 16 through 22 Inclusive, Block A;
Lots 7 through 1.1 inclusive, Block B;
Lots 1 through 12 Inclusive, Block G;
Lots 1 through 12 inclusive, Block H; and
Lots 1 through 6 inclusive, Block K; ER-
CILDOUNE HEIGHTS SUBDIVISION NO.
2, according to the plat thereof recorded
in Plat Book 4, Page . 5, Indian River
County Records; said land lying and
being In Indian River County,-� da.
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 Commission-
ers of Indian River County, Florida, In the County
Commission Chambers of the County Adminis-
tration Building, located at 1840 25th Street,
Vero Beach, Flodda, on Wednesday, May 23,
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-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
May 3,15,1984. -
The Board reviewed the following memo dated 4/13/84:
TO: The Honorable Members DATE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE�UBJECT:
Robert M. Keatin , P
Planning & Development Director
April 13, 1984 FILE:
COUNTY -INITIATED REQUEST
TO REDESIGNATE ERCIL-
DOUNE HEIGHTS S/D FROM
LD -1, LOW-DENSITY RESI-
DENTIAL 1,TO LD -2, LOW-
DENSITY RESIDENTIAL 2
FROM: Ri�hard Shearer, AICP REFERENCES: Ercildoune CPA
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 23, 1984.
DESCRIPTION & CONDITIONS
Indian River County is initiating a request to amend the Land
Use Element of the Comprehensive Plan by redesignating
approximately 28.5 acres of Ercildoune Heights Subdivisions
from LD -1, Low -Density Residential 1 (up to 3 units/acre), to
LD -2, Low -Density Residential 2 (up to 6 units/acre).
On February 23, 1984, the Planning and Zoning Commission voted
4 -to -1 to recommend to the Board of County Commissioners that
Block F of Ercildoune Heights Subdivision No. 2 be redesignated
from LD -1 to LD -2. On April 11, 1984, the Board of County
Commissioners adopted Ordinance #84-19 which amended the
Comprehensive Plan by redesignating this block from LD -1 to
LD -2. In order toymaintain a consistent land use designation
for this area, the staff has initiated a request to redesignate
the remaining residential portions of the two Ercildoune
Heights Subdivisions. ..
On April 12, 1984, the Planning and Zoning Commission voted
4 -to -0 torecommend 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 currently contains about 40 single-family
residences., a doctor's office and approximately 30 vacant lots.
North and west of the subject property is the Sebastian River.
South of the subject property is Humana Hospital zoned R -3A,
Retirement District. Fast of the subject property is a beauty
shop, a motel, a restaurant, an auto parts store, a body shop,
a service station, a bowling alley, and vacant land, all zoned
C-1, Commercial District, and all fronting on U.S. #1 except
for five vacant lots in Block F.
19
MAY 23 1984 Bou 57 PacE 136
MAY ,2 3 1994 Boa 57 FAba l-37
Future Land Use Pattern
The Comprehensive Plan designates the subject property and most
of Ercildoune Heights Subdivision as LD -1, Low -Density
Residential 1 (up to 3 units/acre). The Plan also designates a
25 acre tourist/commercial node north of the subject property
and a 70 acre hospital/commercial node south of the subject
property. The subject property, however, does not seem to be
appropriate for commercial uses because it is developed
primarily as single-family residences and because of its
distance from U.S.#1.
Under the LD -1 land use designation, the most appropriate
zoning district is the R-lAA District which allows a maximum of
2.6 units/acre. However, the property northeast of the subject
property can.be included in the tourist commercial node and the
vacant property to the southeast (adjacent to the hospital)
should be included in the hospital/commercial node. Because of
the proximity of the subject property to the commercial and
potential commercial uses along U.S.1, a rezoning to R-lAA
would not result in an appropriate land use arrangement.
Block C of Ercildoune Heights Subdivision was rezoned from C-1
to,R-lAA, Single -Family District (up to 2.6 units/acre), in
September, 1983. Based on the LD -1 land use -designation, the
R-lAA zoning was the most appropriate district. However, the
minimum lot size in the R-lAA District is larger than the lots
in this subdivision, so the rezoning created nonconforming
lots. Because a large part of Ercildoune Heights Subdivision
is zoned R-1 (allowing up to 6.2 units/acre), the LD -2 land use
designation seems to be more appropriate for the residential
part of the subdivision than the LD -1 land use designation.
Transportation System
Redesignating the subject property to LD -2 should not increase
the total amount of traffic generated by the subdivision.
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
this part of the County.
RECOMMENDATION
Based on the above analysis, including the existing land use
pattern, the size of the lots in this subdivision, the existing
R-1 zoning of most of the subdivision, and the Planning and
Zoning Commission's recommendation, staff recommends that the
subject property be redesignated from LD -1 to LD -2.
Richard Shearer, Chief, Long -Range Planning, presented
staff's recommendation for redesignation and showed a slide
of an aerial view of the subject property and also a land
use map of the area. He noted that if we were to rezone
this area consistent with the present LD -1 land use
F► (
designation, we would create a large number of non-
conforming lots.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously (4-0) approved the County -initiated
request as recommended by staff and adopted
Ordinance 84-28, redesignating approx. 28.5 acres
of Ercildoune Heights Subdivision from Low -Density
Residential 1 to Low -Density Residential 2.
21
MAY 2 3 1994 BOOK 57 FACE 138
1�_
MAY 2 3 1984 Book 57 PAGE 1:39
ORDINANCE NO. 84-28
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
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:
Lots 4 through 15 inclusive, Block A; Lots 1 through 6
inclusive, Block B; and Lots 1 through 5 inclusive, Block
C; ERCILDOUNE HEIGHTS SUBDIVISION NO. 1, according to the
plat thereof recorded in Plat Book 3, Page 74, Indian
River County Records; said land lying and being in Indian
River County, Florida,
together with:
Lots 16 through 22 inclusive, Block A; Lots 7 through 11
inclusive, Block B; Lots 1 through 12 inclusive, Block G;
Lots 1 through 12 inclusive, Block H; and Lots 1 through 6
inclusive, Block K; ERCILDOUNE HEIGHTS SUBDIVISION NO. 2,
according to the plat.thereof recorded in Plat Book 4,
Page 5, Indian River County Records; said land lying and
being in Indian River County, Florida.
Be changed from LD -1, Low -Density Residential 1 to LD -2,
Low Density Residential 2.
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 23. day of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: / C ZL64Z
DON -U-. SCU OCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 31 day of May , 1984.
21a
Effective Date: Acknowledgment from the Department of State
received on this 4th day of June, 1984, at 1(y'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 SUFFICIENCY.
PUBLIC HEARING - J. L. WILSON REQUEST TO REDESIGNATE 20.17
ACRES FROM LOW-DENSITY RESIDENTIAL 2 TO MIXED-USE DISTRICT
OR MEDIUM -DENSITY RESIDENTIAL
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 of_�%y�l/,,1�/�2�
in the
Court, was pub -
fished in said newspaper in the issues of zZ 4 f
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 subscribed
(SEAL)
me t,Li gn Zday of A.D. 19
Manager)
(Clerk of the Circuit Court,Wdian River County, Florida)
22
TO CONST ER ADOPTION OFTICE — PUBLIC EA COUNTY
ORDINANCE AMENDING THE LAND USE
ELEMENT OF THE COMPREHENSIVE
LAND USE PLAN
Notice of hearing to consider the adoption of
is County Ordinance amending the Land Use Ele-
ment of the Comprehensive Plan by redesignat-
ing land from:
LD -2, "Low Density Residential 2" (up to
6units/acre) to MD -1, "Medium -Density
Residential 1 ' (up to 8 units/acre). The
subject property presently owned by J.L.
Wilson is located east of 64th Avenue
and north of 97th Street west of 61st Ter-
race.
The subject property is described as:
The South half of the Southeast quarter
of the Northwest quarter of Section 20,
Township 31 South, Range 39East, In-
dian River County, Florida. Containing
20.171 acres. ,
and public
shall have hank pporrttun ty to be
heard, will be held by the Board of County Com- i
missioners of Indian River County, Florida, in the
County Commission Chambers of the County i
Administration Building; located at 1840 25th j
Street, Vero Beach, Florida, on Wednesday, May
23,1984, 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-
ciudes testimony and evidence upon which thel
appeal Is based.
Indian River County
Board of County Commissioners
B :-s-Don C. Scurlock Jr.
Chairman
May 5, 15, 1984.
MAY 2 3 1984 BOOK 57 PacE 140
MAY 2 3 1994
BOOK 57 FAGS 141
The Board reviewed the following memo dated 4/17/84:
TO: The Honorable Members
of the Board of
County Commissioners
DATE: April 17, 1984 FILE:
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keating, ICP
Planning & Development Director
RS
FROM: Richard Shearer, AICP
Chief, Long -Range PlanniREFERENCES:
J.L. WILSON REQUEST TO
REDESIGNATE 20.17 ACRES
FROM LD -2, LOW-DENSITY
RESIDENTIAL 2, TO MXD,
MIXED-USE DISTRICT, OR
MD -1, MEDIUM -DENSITY
RESIDENTIAL
Wilson P&Z
RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 23, 1984.
DESCRIPTION & CONDITIONS
The applicant, J. L. Wilson, is requesting to amend the Land
Use Element of the Comprehensive Plan by redesignating 20.17
acres located west of the F.E.C. Railroad, south of Vickers
Road, and north and east of the City of Sebastian, from L6-2,
Low -Density Residential 2 (up to 6 units/acre),.to MXD,
Mixed -Use District (up to 6 units/acre), or MD -1,
Medium -Density Residential 1 (up to 8 units/acre).
The applicant is proposing to develop the second phase of
Breezy Village Subdivision on the subject property which is
immediately west of the existing Breezy Village Subdivision (an
adult mobile home community). While the subject property and
the existing Breezy Village Subdivision are zoned R-1PM,
Permanent Mobile Home Subdivision District (up to 8.7
units/acre), which allows this type of development, the LD -2
land use designation does not allow new mobile home
developments. For this reason, a Comprehensive Plan amendment
changing the designation of the subject property to MXD or MD -1
is necessary. Both the MXD and MD -1 land use designations
allow mobile home developments.
On April 12, 1984, the Planning and Zoning Commission voted
4 -to -0 to recommend that the subject property be redesignated
as MD -1
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.
23
Existing Land Use Pattern
The subject property is currently undeveloped. East and
northeast of the subject property is the existing Breezy
Village Mobile Home Subdivision. North of the subject property
is undeveloped land zoned A, Agricultural District. Further
north is a mobile home park in an R-1MP, Mobile Home Park
District (up to 8.7 units/acre). West of the subject property
is a single-family subdivision in the City of Sebastian. South
of the subject property is vacant land in the City of Sebastian.
East of this vacant Land is a sand mining operation. South of
the mining operation is a proposed mobile home planned unit `
development in the City of Sebastian.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land north and east of it as LD -2, Low -Density Residential -2
(up to 6 units/acre). Further east is the U.S.1 Mixed Use
District corridor. The land south and west of the subject
property is in the City of Sebastian. The City of Sebastian
was informed of this proposal in writing but -submitted no
comments. In order to guide the future development of the
subject property, the Planning Department prepared three
alternatives.
Alternative #1: Retaining the LD -2 Land Use Designation
The subject property could be left in the LD -2 land use
designation. After rezoning, the property could be developed
as a single-family subdivision. However, conditions have
changed somewhat since the Comprehensive Plan was adopted. A
major mobile home planned unit development has been approved
for a site south of the subject property. In addition, this
site may have been overlooked when the general land use plan
was prepared for the entire County because there are mobile
home parks and mobile home subdivisions in this area.
Alternative #2:. Changing the Land Use Designation to MXD,
Mixed -Use District (up to 6 units/acre)..
A second alternative is to redesignate the subject property as
MXD. The MXD designation allows mobile home developments.
However, the MXD designation is designed for areas that have a
mixture of land uses, where development or redevelopment is
encouraged to be consistent with the predominant land use of
the area. Since the subject property is undeveloped, the MXD
designation does not seem to be appropriate. In addition,
designating the subject .property MXD would be a spot designation.
This could be alleviated by redesignating additional property
to MXD to connect the subject property with the U.S.1 MXD
Corridor which is east of the subject property.
Alternative #3: Changing the Laxed Use Designation to MD -1,
Medium -Density Residential 1 (up to 8 units/
acre) .
Another alternative is to redesignate the subject property to
MD -1. The MD -1 designation allows mobile home developments and
other residential developments at a density up to 8 units/acre.
The existing R-1PM zoning of the subject property requires a
minimum lot size of 5,000 square feet. This zoning district
would allow a maximum of 8.7 units/acre. However, the actual
net number of units per acre would probably be in the 5 -to -6
units per acre range, because roads and other amenities will
utilize some of the land in the subdivision. The M5-1 land use
designation, therefore, would provide for a density consistent
with the existing Breezy Village Subdivision to the east and
allow a mobile home development consistent with the general
24
MAY 2 3 1984 BOOK 57 FACE 142
I
MAY 2 3 1984 7 'FA x.43
soon 5
land use pattern in this area. To avoid a spot designation and
to bring the other mobile home parks and subdivisions into
conformance with the plan, additional land around the subject
property should be considered for the MD-1 designation.
Transportation System
The subject property has direct access to 98th Street
(classified as a local street on the Thoroughfare Plan). The
maximum development of the site under the existing zoning and a
Comprehensive Plan amendment would generate 605 Average Annual
Daily Trips. If the property were left as LD -2 and rezoned
R-1, Single -Family District (up to 6.2 units/acre), the maximum
development of the site would generate 900 AADT.
Environment
The subject property is not designated as environmentally
sensitive on the Comprehensive Plan. However, about seven (7)
acres of the subject property is in a flood -prone area. The
southwest corner of the subject property is in an "A Zone"
which means it is within the 100 year flood plain. Flood
elevations have not been determined.
Utilities
County water and wastewater facilities are not available for
the subject property. The applicants will be required to
enlarge the capacity of their existing water and wastewater
facilities in Breezy Village or establish new facilities.
RECOMMENDATION
Based on the above analysis, including -the Planning and Zoning
Commission's recommendation, staff recommends that the subject
property be redesignated MD -1, Medium -Density Residential 1.
In addition, staff recommends that additional land around the
subject property be redesignated as MD -1 to bring the
surrounding uses into conformance with the plan and to avoid a
spot designation.
property to Medium -Density Residential 1 and showed a slide
of an aerial view of the subject property. He explained
that this request was initiated by Mr. Wilson so that he
could continue with the second phase of Breezy Village Home
Subdivision. He pointed out that mobile home parks or
subdivisions are not allowed in the LD -2 land use
designation, which makes it necessary to amend the land use
plan to either an MXD or MD designation.
Commissioner Bird asked if the subject property had
access from the west via the Sebastian Highlands property,
and Mr. Shearer explained that at present the entrance is
from Vickers Road off U.S. #1. He felt that the applicant
would probably be putting in a road on the west side of the
existing mobile park area.
25
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Ed Schmucker of Total Development, engineering
consultants, confirmed that there is no access from the west
shown on the development plan; it is only accessible from
U.S. #1 through Vickers Road. Immediately south of this
property is a mining operation, and he was not sure where
the General Development property began. Mr. Shearer agreed
that the applicant does not have any intention of having
access from the west through General Development's Sebastian
Highlands. Robert Keating, Director of Planning &
Development, noted that these matters will be worked out
when the site plan is reviewed by staff.
ON MOTION by Commissioner Lyons,
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) approved the J. L. Wilson
request as recommended by staff and adopted
Ordinance 84-29 redesignating 20.17 acres
from Low -Density Residential 2 to Medium -Density
Residential 1, as recommended by staff.
26
MAY 2 3 1984 Book 57 PACE 144
MAY 2 3 1984 sou 57 PAGE 145-
ORDINANCE NO. 84-29
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:
The South i of the SE4 of the NWh of Section 20,
Township 31S, Range 39E, Indian River County, Florida.
Containing 20.171 acres.
Be changed from LD -2, Low -Density Residential 2 to MD -1,
Medium 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 Z3raday of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: ' G
DON C. SCUALOCK, JR
Chairman
Acknowledgment by the Department of State of the State of
Florida this 31 day of May , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 4th day of June , 1984, at 10 A.M./P.M. and
filed in the office of the Clerk of the Board o County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICENCY.
7
TBURG, Clou
ty attorney
PUBLIC HEARING - REQUEST BY SAM & NANCY MOON TO REZONE 7.82
ACRES FROM AGRICULTURAL DISTRICT TO COMMERCIAL DISTRICT
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 of ?
in the
lished in said newspaper in the issues of A��
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 subscribp_d befq/e me
day of _sM° A.D. 19 _dCIXX
Manager)
(SEAL) (Clerk of the Circuit Court, Dian River County, Florida)
MAY 2 3 1984
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from:
A, Agricultural District" to C-1, "Com-
mercial DlstrlcL" The subject property
presently owned by Samuel E. Moon Jr.
andNancy Thomas Moon is located at
the =eat corner of 58th Avenue
(C.R. 505A) and 20th Street (S.R. 80).
The subject property is described as:
The West 302 tet of the NW % of the SW
'/ and that part of the West 302 feet of
the SW '/4 of the SW '/4 lying North of the
right of way of the Main Canal of the In
than River Farms Company, in Section 4,
Township 33 South, Range 39 East;..
LESS AND EXCEPTING THE FOLLOW-
ING: Commencing at the SW corner of
Tract 12 in Section 4, run East along the
South side thereof a distance of 30 feet
to the East right of way of Kings Highway
and the point of beginning; thence con-
tinue East along the South line of Tract
12 a distance of 115.40 feet; thence run
South a distance of 193.29 feet to the
North right of way of the Main Canal of
the Indian River Farms Drainage District;
thence run South and Westerly along the
North right of way a distance of 128.79
.feet to the East right of way of King's
Highway; thence run North along the
East right of way a distance of 238.83
feet tothe point of beginning; all In Sec-
tion 4, Township 33 South, Range 39
East, according to the last general plat of
lands of Indian River Farms Company
filed In the office of the Clerk of the Cir -
cult Court of St. Lucie County, Florida, in
Plat Book 2 at 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, May
23,1984, at 9:30 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- I
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
May 3,15,1984.
Bou *57 ma 146
MAY 2 3 1994
BOOK 57 PAGE 147
The Board reviewed the following memo dated 4/13/84:
s.,
TO: DATE: FILE:
The Honorable Members April 13, 1984
of the Board of
County Commissioners SAM & NANCY MOON
REQUEST TO REZONE 7.82
DIVISION HEAD CONCURRENCE- ACRES FROM A, ACRICUL-
�� , SUBJECT: TURAL COMMERCIAL RDISTRICT
ICT, TO C-1,
Robert M. Keattlh7t, A P
Planning & Development Director
FROM: gS
REFERENCES:
Richard Shearer, AICP -Moon Rezoning
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their.
regular meeting of May 23, 1984.
DESCRIPTION & CONDITIONS
The applicants, Sam and Nancy Moon, are requesting to rezone
7.82 acres located at the southeast corner of State Road 6.0 and
Kings Highway (58th Avenue) from A, Agricultural District, to
C-1, Commercial District.
The applicants intend to develop this property as a restaurant.
On April 12, 1984, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this request. _
ALTERNATIVES & ANALYSIS
In this section, an analysis of the
application will be presented. The
description of the current and futur
surrounding areas, potential impacts
utility systems, and any significant
environmental quality.
Existing Land Use Pattern
reasonableness of the
analysis will include a
e land uses of the site and
on the transportation and
adverse impacts on
The subject property currently contains a single-family
residence. North of the subject property, across S.R. 60, is
an 18.7 acre parcel of vacant land zoned C-1. West of that
parcel, across Kings Highway, is a 20 acre parcel of vacant
land zoned C-1. West of the subject property, across Kings
Highway, is vacant land zoned A, Agricultural District. South
of the subject property is a power substation and the main
relief canal. East of the subject property is a single-family
residence in an R-1,'Single-Family District. Further east is a
20 acre parcel of vacant land zoned C-lA, Restricted Commercial
District. North of these properties, across S.R. 60, are
single-family subdivisions.
29
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land immediately adjacent to it as part of the 140 acre
commercial node located at the intersection of Kings Highway
and S.R. 60. Rezoning the subject property to C-1, Commercial
District, would be consistent with the Comprehensive Plan.
Transportation System
The subject property has direct access to S.R. 60 and Kings
Highway (both classified as arterial streets on the
Thoroughfare Plan). Commercial development of the subject
-
property could attract up to 5,600 Average Annual Daily Trips.
Environment
The subject property is not designated as environmentally
sensitive nor is in a flood -prone area.
Utilities
County water and wastewater facilities are not available for
the subject property. However, County water should be
available within one year.
RECOMMENDATION
Based on the above analysis, particularly the fact that the
subject property is in a commercial node and the Planning and
zoning Commission's recommendation, staff recommends approval.
Chief Planner Richard Shearer presented staff's
recommendation for rezoning the subject property to
Commercial.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) approved the Moon request as
recommended by staff and adopted Ordinance 84-30,
rezoning 7.82 acres from Agricultural District to
Commercial District.
�
30
MAY 2 3 1984
Bou 57 PACE 148
MAY 2 3 1984 Boa 57 , PAGE 149
ORDINANCE NO. 84-30
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:
The West 302 feet of the NWh of the SWa and that part of
the West 302 feet of the SWC of the SWh lying North of
the right-of-way of the Main Canal of the Indian River
Farms Company, in Section 4, Township 33S, Range 39E;
LESS AND EXCEPTING THE FOLLOWING: Commencing at the SW
corner of Tract 12 in Section 4, run the East right-of-way
of Kings Highway and the point of beginning; thence
continue East along the South line of Tract 12 a distance
of 115.40 feet; thence run South a distance of 193.29 feet
to the North right-of-way of the Main Canal of the Indian
River Farms Drainage District; thence run South and
Westerly along the North right-of-way a distance of 126.79
feet to the East right-of-way of Kings Highway; thence run
North along the East right-of-way a distance of 238.63
feet to the point of beginning; all in Section 4,• Township
33S, Range 39E, according to the last general plat of
lands of Indian River Farms Company filed in the office of
the Clerk of the Circuit Court of St. Lucie County,
Florida in Plat Book 2 at Page 25; said land now lying and
being in Indian River County, Florida.
Be changed from A, Agricultural District to C-1,
Commercial 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 23rd day of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: C�
DO C. SCUR OCK, JR.
Chairman
PUBLIC HEARING — COUNTY—INITIATED REQUEST TO REZONE 13.8
ACRES LOCATED ON 27th AVENUE FROM COMMERCIAL DISTRICT TO
SINGLE—FAMILY DISTRICT
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
hiin' Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of a ��
in the
lished in said newspaper in the issues of
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, 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 subscribed befgre me ttis n a day ofA.D. 19 O /`
Manager)
(Clerk of the Circuit Court,QAian River County, Florida)
(SEAL)
NOITICE — PUBLIC HEARING
Noties of hearing Initiated by Indian River 1
County to consider the adoption of a County or-
dinance rezoning land from:
C-1, "Commercial District" to R-1, "Sin-
gle -Family Residential Distrjct." The sub-
ject property is located on the east side
of 27th Avenuer % mile south of Oslo .
Road.
The subject property is described as:
The East 280.00 feet of the West 330.00
feet of Tract 5, Section 26, Township 33
South, Range 39 East as shown on the
Plat of Indian River Farms Company
Subdivision as recorded In Plat Book 2,
Page 25 of the Public Records of St.
Lucie County, Florida, now lying in In-
dian.River County, Florida;
together with:
Lots 1 through 10 inclusive, Block A; ,
OSLO PARK SUBDIVISION, UNIT NO. 7,
according to the plat thereof recorded in
Plat Book 4, Page 28, Indian River
County Records; said land 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 Commission-
ers of Indian River County, Florida, in the County
Commission Chambers of the County Adminis-
tration Building, located at 1840 25th Street,
Vero Beach, Florida, on _Wednesday, May 23,
1984, at 9:30 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
May 3,.15,1984.
- MAY 23 194 32 BOOK 57 FAGS 150
Fr- I
MAY 2 3 1994 BOOK 57 FAvE151
The Board reviewed the following memo dated 4/13/84:
TO: The Honorable Members DATE: April 13, 1984 FILE:
of the Board of
County Commissioners COUNTY -INITIATED
REQUEST TO REZONE 13.8
ACRES FROM C-1, COM -
DIVISION HEAD CONCURRENCE: MERCIAL DISTRICT, TO
SUBJECT: R-1, SINGLE-FAMILY
DISTRICT
Robert M. Keatin , A
Planning & Developmen Director
15
FROM: R chard M. Shearer, AIcP REFERENCES: 13.8 Acres C/I
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 23, 1984.
DESCRIPTION & CONDITIONS
The County has initiated a request to rezone approximately 13.8
acres located on the east side of 27th (Emerson) Avenue and
one-quarter mile south of Oslo Road from C-1, Commercial
District, to R-1, Single -Family District (up to 6.2
units/acre).
This request was initiated because some individuals were unable
to build a home on three lots in Oslo Park because -of the C-1
zoning.
On April 12, 1984, the Planning and Zoning Commission voted
4 -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 currently undeveloped. North of the
subject property is a mobile home park. East of the subject
property is vacant land and a single-family subdivision zoned
R-1. South of the subject property is a contractor's model
home, a storage yard, and vacant land in a C-1 district. West
of the subject property, across 27th Avenue is a mobile home
park, pasture land, vacant land, and single-family residences.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land north, south, and east of it as LD -2, Low -Density
Residential 2 (up to 6 units/acre). The land west of the
33
subject property, across 27th Avenue, is designated as LD -1,
Low -Density Residential 1 (up to 3 units/acre). Based on the
LD -2 land use designation of the subject property and the R-1
zoning of the land to the east, the R-1 zoning district seems
to be the most appropriate zoning district for the subject
property.
Transportation System
The subject property has direct access to 27th Avenue
(classified as a primary collector street on the County's
Thoroughfare Plan). The maximum development of the subject
property under the proposed R-1 zoning would generate 590
Average Annual Daily Trips.
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, County water is scheduled to be
available at the intersection of Oslo Road and 27th Avenue in
August. Developers of the subject property could pay .to extend
an eight -inch water main south from the intersection to provide
water for this area.
RECOMMENDATION
Based on the above analysis, particularly the LD-2,land use
designation of the subject property, the R-1 zoning to the
east, and the Planning and Zoning Commission's recommendation,
staff recommends that the subject property be rezoned to R-1,
Single -Family District.
Chief Planner Richard Shearer presented staff's
recommendation to rezone the subject property from
Commercial District to Single -Family District and explained
that the current land use designation is LD -2.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Darrell Fennell, attorney representing Mr. & Mrs. Dale
Knisely, property owners of a portion of the subject
property, stated his clients wish the subject property to
remain zoned commercial, as they feel that rezoning would
seriously affect the value of their property. In addition,
it would not allow the best and highest use of their
property. He pointed out that if this property is rezoned,
there is more C-1 property across the street which also
should be rezoned to Residential 1. His clients feel very
34
•:
BOOK '57 PAGE x.52
MAY 2 3 1984
BOOK
57
FA -UE x.53 .
strongly
that this property should be considered at
the
same
time because they fear that it might remain C-1 after their
property is rezoned to R-1.
Mr. Shearer explained that the Planning staff would
have initiated a similar County request for rezoning on the
west side of 27th Avenue, directly across from the subject
property, but felt it was unappropriate at the time because
they had an application pending to amend the land use plan
for that property. However, staff will be initiating a
rezoning request for the west side of 27th Avenue adjacent
to this property in the near future. He noted that it would
would have to be rezoned to R-lAA, as it is in a different
land use designation.
Commissioner Bird advised Attorney Fennell that the
Board had instructed staff to study the possibility of
establishing another commercial node in the Oslo Road and
27th Avenue area. He felt that if the Knisely property is
rezoned back to residential today, it is not cast in stone
as staff's study may possibly indicate that commercial would
be warranted in the future in that area. At present,
however, the Board feels that commercial is premature and to
be consistent they want to change it back to residential.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously (4-0) closed the Public Hearing.
Attorney Brandenburg advised that the County has the
ability to rezone just part of this request.
Robert Keating, Director of Planning & Development,
explained that staff has tried to be consistent with the
direction received from the Board recently to go ahead and
try to bring more land in conformance with the Comprehensive
Land Use Plan.
35
Discussion took place as to how far the commercial
property south of the subject property extends.
Commissioners Bird and Wodtke felt that the County should
consider all of the area on down to the County line and that
possibly this matter should be tabled until such time that
both sides of the street could be rezoned to R-1 at the same
time. Administrator Wright recommended that the Board
approve this request today and assured the Commissioners
that the County would jump ahead to rezone the other side of
the street as quickly as possible.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
by a vote of 3-1, Commissioner Wodtke dissenting
and Commissioner Bowman being absent, approved the
County -initiated request as recommended by staff
and adopted Ordinance 84-31, rezoning Lots 1
through 10, Block A , Oslo Park Subdivision Unit
No. 7, from C-1, Commercial District, to R-1,
Single -Family District, with the clear
understanding that the County will initiate
rezoning in the area to be compatible with this
rezoning.
36
MAY 2 3 1994 BOOK 57 PAGE154
L
MAY 2 3 1984
BOOK 57 -PAGE 155
ORDINANCE NO. 8 4 - 31
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:
The East 280.00 feet of the West 330.00 feet of Tract 5, Section 26,
Township 33S, Range 39E as shown on the Plat of Indian River Farms
Company Subdivision as recorded in Plat Book 2, Page 25 of the Public
Records of St. Lucie County, Florida now lying in Indian River County,
Florida;
together with:
Lots 1 through 10 inclusive, Block A, OSLO PARK SUBDIVISION UNIT NO.
7, according to the plat thereof recorded in Plat Book 4, Page 28,
Indian River County Records; said land lying and being in Indian River
County, Florida.
Be changed from C-1, Commercial District, to R--1, Single -Family 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 23 day of May 1984.
BOARD OF COUI= COWIISSIONERS
OF INDIAN RIVER COUNTY.
BY: G'
DON C. S , JR.
Chairman
Acknowledgment by the Department of State of the State of Florida this
31 day of May , 1984.
Effective Date: Acknowledgment from the Department of State on this 4th
day of June , 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
PUBLIC HEARING - ROBERSON REQUEST TO REZONE ONE ACRE FROM
SINGLE FAMILY DISTRICT TO COMMERCIAL DISTRICT
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
in the matter of%�ei��2%
in the
lished in said newspaper in the issues of � sips Z -
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 subscriW bel4re meAis 0_ n/Jr day of •.4w- A.D. 19 EX
Manager)
(SEAL) (Clerk of the Circuit Cburt. I ci�,(•an River County, Florida)
S
MAY 2 3 1984
- . NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from:
R-1,' "Single -Family District' to C-1,
"Commercial District." The subject prop-
erty presently owned by Tommy L.
Simms and Thurman Roberson is lo-
cated on the west side of 62nd Avenue
150 feet south of 85th Street (C.R. 510).
The subject property Is described as:
Lots Five, Six and Seven, Block number
One, in Colored School Subdivision, a
Subdivision of the Northeast '/, of the
Northwest % of Section 32, Township 31
South, Range 39 East according to the
plat thereof filed and of record in the of-
fice of the Clerk of the Circuit Court of
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, May
23, 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.
Iridian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
May 3.15.1984.
Boa 51' FADE 156
I
MAY 2 3 1994
BOOK 57 PAA57
The Board reviewed the following memo dated 5/9/84:
TO: The Honorable Members DATE: May 9, 1984 FILE:
of the Board of
County Commissioners ROBERSON REQUEST TO
REZONE ONE ACRE FROM
DIVISION HEAD CONCURRENCE: R-1, SINGLE-FAMILY
SUBJECT: COMMERCIAL TDISTRICT
Robert M. Keati g, 57CP
Planning & Development Director
95
FROM: Richard Shearer, AICP
Chief, Long -Range PlanniREFERENCES:
Roberson Rezoning
RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 23, 1984.
DESCRIPTION & CONDITIONS
The applicant, Thurman Roberson, part owner and agent for the
other owner, is requesting to rezone one (1) acre located 150
feet south of Wabasso Road on the west side of 62nd Avenue from
R-1, Single -Family District (up to 6.2 units/acre), to C-1,
Commercial District.
The applicant proposes to develop the subject property as a
parking lot to provide adequate parking for a proposed
expansion of his hotel which is on adjacent property.
On April 18, 1984, the Board of County Commissioners voted
3 -to -0 to redesignate this property from LD -1, Low -Density.
Residential 1 (up to 3 units/acre), to Commercial.
On April 26, 1984, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this rezoning 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 includes Lots 5, 6, and 7 of Block 1,
Colored School Subdivision. All of the lots in this
subdivision that have frontage on Wabasso Road have been zoned
C-1, Commercial District, for a number of years. The land on
the south side of Wabasso Road,.between 62nd Avenue and 64th
Avenue, has traditionally been devoted to commercial uses. The
subject property is located 150 -feet south of Wabasso Road, is
zoned R-1, Single -Family District (up to 6.2 units/acre), and
is currently vacant. North of the subject property in a C-1
zoning district is the Wabasso Friendly Lodge. Further north,
across Wabasso Road, is vacant land and single-family
residences. West of the Friendly Lodge (northwest of the
subject property), is the Blue Heron Bar, the Friendly Kitchen
Restaurant, and the Roberson Hotel. South and east of the
subject property are single-family residences. Immediately
west of the subject property is a single-family residence and a
house that is an accessory structure to the Roberson Hotel.
Future Land Use Pattern
The Comprehensive Plan designates the subject property as _
Commercial. The land immediately around it is designated as
LD -1, Low -Density Residential 1 (up to 3 units/acre). A
rezoning to C-1 would be consistent with the Commercial land
use designation. -
Transportation System
The subject property has direct access to 62nd Avenue
(classified as a local street on the County's Thoroughfare
Plan). The development of the subject property in commercial
uses could attract up to 1000 average annual daily trips
(AADT). Three single-family homes on the subject property
would produce 30 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.
RECOMMENDATION
Based on the above analysis, staff recommends approval.
Chief Planner Richard Shearer presented staff's
recommendation for approval of the rezoning request.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (4-0) closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the
Board unanimously (4-0) approved the
Roberson request and adopted Ordinance
84-32, rezoning one acre from Single -
Family District to Commercial District.
40
MAY 2 3 1984 BOOK 57 PAGE 158
MAY 2 3 19$4 BOOK 57 PAGE 159
ORDINANCE NO. 84-32
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 Rezoning
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:
Lots Five, Six, and Seven, Block number One, in Colored
School Subdivision, a Subdivision of the Northeast 1/4 of
the Northwest 1/4 of Section 32, Township 31 South, Range
39 East according to the plat thereof filed and of record
in the office of the Clerk of the Circuit Court of Indian
River County, Florida.
Be changed from R-1, "Single -Family District" to C-1,
"Commercial".
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 23 day of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON C. SC - OCK, JR
Chairman
Acknowledgment by the Department of State of the State of
Florida this 31 day of May , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 4th day of June , 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 SUF ICIENCY.
iR'!�, M1,' BRANDENBU G, County Attorney
i.
a _
PUBLIC HEARING - NORTH BEACH ASSOCIATES PETITION FOR
RIGHT-OF-WAY ABANDONMENT
Attorney Brandenburg announced that this Public hearing
was continued from the meeting of 5/2/84.
The Board reviewed the following memo dated 5/11/84:
TO: The Honorable Members ®ATE: May 11, 1984 FILE:
of the Board of
County Commissioners
NORTH BEACH ASSOCIATES
DIVISION HEAD CONCURRENCE: PETITION FOR RIGHT -OF -
SUBJECT: WAY ABANDONMENT
ftd
Robert M. Kea ingy A_ICP
Planning & Development Director
FROM: : Karen M. Craver REFERENCESNBA ROW Aband.
Staff Planner KAREN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 23, 1984.
DESCRIPTION & CONDITIONS
In March of this year, North Beach Associates submitted a
right-of-way abandonment petition to the Planning and
Development Division. The petition requests that the County
abandon a 35 foot wide County recorded road dedication,
together with whatever rights the public may have in and to the
actual soil road located partially within and without the
right-of-way. The soil road is not maintained by the County.
The right-of-way transverses a 26.35 acre parcel, owned
entirely by North Beach Associates, on the west side of State
Road A -1-A, one-half mile north of County Road 510.
In accordance with the administrative guidelines approved by
the Board of County Commissioners for the processing of
right-of-way abandonment applications, the request was reviewed
by all County Divisions and utility providers having
jurisdiction within the right-of-way. Both Southern Bell and
Florida Power and Light stated that the request would be
approved if a 10 foot wide easement was retained to provide for
the servicing of an existing customer on Jungle Trail.. The
County Traffic Engineer and the County Surveyor disapproved of
the abandonment, while the County Utilities Division approved
of it.
ANALYSIS
On April 12, 1984, the Planning and Zoning Commission
unanimously voted to recommend to the County Commission that
the 26.35 acre tract be rezoned from R -J. to R -2D. The R -2D
zoning allows up to 6 units/acre as does the existing LD -2 land
use designation. The rezoning request was on the May 16th
County Commission agenda. It is the intent of North Beach
Associates to develop a multi -family condominium complex on the
tract and the existing right-of-way is viewed as a hindrance
to the project.
41
MAY 2 3 1984 BOOK ,57 FAGG 160
MAY 2 3 1984 BOOK 5`7 PAA61,
In addition to the customary reviewing agencies, the Director
of Public Works reviewed the abandonment request. Mr. Davis
considered the request in relation to the characteristics of
the area west of the subject site as well as the alignment of
Jungle Trail. The tracts to the west are of varying size, 4 to
80 acres, and have little or no road frontage. Any existing
frontage is primarily on Jungle Trail and that is inadequate
for future use beyond serving minor traffic. Due to the fact
that these surrounding parcels have a residential land use
designation and will likely be developed as such, it is
recommended that the County not abandon the 35 foot wide
right-of-way, but request an additional 25 foot width south of
the existing right-of-way for future road use. The right-of-way
and existing road provide the only connection between Jungle
Trail and A -1-A, north of C.R. 510. It is preferable, in the
event of development of future parcels, that this existing
connection be utilized because of the efficient "T" intersection.
RECOMMENDATION
The Planning staff recommends that the petition for right-of-
way abandonment submitted by North Beach Associates be denied.
Administrator Wright explained that the County would
like to have some specific language whereby North Beach
Associates could abandon the right-of-way as long as they
satisfy the requirements of the two existing utilities.
They intend to move the roads down to the southern edge of
the property, donate 25 feet, pave the road and work out an
agreement to satisfy the utilities.
Commissioner Bird understood then that the County will
be giving up the 35 feet in the middle and picking up 60
feet on the southern extremity, and North Beach Associates
will put the road through.
The County Attorney noted that the 25 feet excess over
the 35 feet will be included in the gross dimensions of
their site plan when calculating density, but not the entire
60 feet. He believed the applicant has agreed to build the
road at their expense within a 3 -year period, and if their
site plan is approved, start construction concurrently with
their site plan. They will also back that up with a
performance bond that will cover the costs of the roadway
improvement inflated for a 3 -year period. In the event the
road is not built at the end of three years, the County will
call down the bond and build the road.
42
Chairman Scurlock continued the Public Hearing and
asked if anyone wished to be heard in this matter. There
were none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously closed the Public Hearing.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the Board
approve the petition by North Beach Association
and adopt Resolution 84-34 providing for the
abandonment of a 35 -foot wide County recorded road
dedication; retaining the right-of-ways of the two
existing utilities, (Southern Bell and Florida
Power & Light); contingent upon working out a
suitable agreement with the applicant providing
for the pavement of the road and the posting of a
performance bond.
Under discussion, Attorney Brandenburg assured
Commissioner Wodtke that the County is retaining the right
of the existing utilities to remain there if that is their
desire. It is anticipated that the developer will work out
an arrangement with the two existing utilities to relocate,
in which case that would extinguish the easement under the
terms of the abandonment and they could go about their
business of building over the top of it.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
RESOLUTION 84-34 WILL BE MADE A PART OF THE RECORD WHEN
EXECUTED AND RECEIVED,
43
` MAY 2 3 1984
BOOK 57 FADE 152
MAY 2 3
1984
Boos
57 PA -UE 16
says that he is Business Manager of the Vero Beach Press -Journal, a dailynewspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
PUBLIC HEARING
— APPEAL BY ST. EDWARD'S SCHOOL OF
THE
PLANNING AND ZONING COMMISSION'S APPROVAL OF HUTCHINSON
UTILITIES, INC. SITE PLAN FOR WASTEWATER TREATMENT PLANT
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:
VER® 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
NOTICE OF PUBLIC HEARING
says that he is Business Manager of the Vero Beach Press -Journal, a dailynewspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
REGARDING APPEAL LOF
On April 12, 1984, Planning
the and Zoning
ommission of Indian River County Florida; sit-
ting as the local Planning agett.ncy. approved the
a ���
es opnstruct
Utilitisite alicationswastewaater treaimentHutchinson
to can
fa-
�/1/�%'
cility and potable water system.
the Indian River County of County
in the matter of /
Commissioners will conduct a public hearing, re-
public
garding the appeal by St. Edward's School of the
decision by the Planning and Zoning Commis-
sion to approve the site plan. The public hearing,
at which parties In interest and citizens shall
have an opportunity to be heard, will be held by
id Board of County Commissioners in the
in the Court, was pub-
unty Commission Chambers of the County
ministration Building, located at 1840 25th
reat, Vero Beach, Florida, on Wednesday, May
1984, at 10:15 a.m. This notice supersedes all
13,
lished in said newspaper in the issues of :J, �� ! 9�7
or notices regarding this appeal. -
If any person decidesto appeal any decision
made on the above matter, he may need to en-
sure that a verbatim record of the proceedings is
made, which includes testimony and evidence
upon which the appeal is based. -.
Affiant further says that the said Vero Beach Press -Journal is a news paper published at
P P P
Bodian River County
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
Board of County Gommissioneres
By:s-Don C. Scurlock Jr.
been continuously published in said Indian River County, Florida, each daily and has been
Chairman
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
May 5,16,1984.
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 subsed fore y(i t /(� day of A.D. 19
,+(Business Manager)
(SEAL) (Clerk of the Circuit Co Indian River County, Florida)
44
The Board reviewed the following memo dated 5/14/84:
TO: The Honorable Members DATE: May 14, 1984 FILE;
of the Board of County
Commissioners
APPEAL OF THE PLANNING
AND ZONING COMMISSION'S
SUBJECT: APPROVAL OF HUTCHINSON
UTILITIES, INC.'S WASTE-
WATER TREATMENT PLANT
SITE PLAN APPROVAL REQUEST
FROM:Robert M. Keating, AICP FERENCES: Hutchinson Util.
Planning & Development Director DIS:RMK
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 23, 1984.
DESCRIPTION AND CONDITIONS:
In September of 1983, Thomas Vaughn, Director of Operations and
Security, submitted a major site plan application on behalf of
Hutchinson Utilities, Inc. That plan proposed the construction
of a 0.250 mgd wastewater treatment facility on a 1.3 acre site
situated between St. Edward's School and the Moorings. The
proposed facility is to replace the existing wastewater treat-
ment plant which has insufficient capacity to service its
franchise area and does not presently comply with DER regu-
lations. The existing facility is located to the west of the
proposed site.
Upon submittal of the site plan, the staff scheduled a meeting
with the applicant, representatives from St. Edwards School,
and representatives of the Moorings Property Owners Asso-
ciation; because of conflictF, this meeting was never held.
The staff then reviewed the site plan application and notified
the applicant of discrepancies with his ar,plication. Because
some of the discrepancies identified by the Planning Department
were significant (particularly those related to setbacks) and
would substantially affect the project, the applicant chose to
request a variance from certain provisions of the Zoning Code.
After having been scheduled for a hearing on the variance
application before the County's Board of Zoning Adjustment, the
applicant withdrew his variance request.
In March of 1984, the applicant submitted a revised site plan
which addressed all of the discrepancies identified by the
Planning Department in the initial submittal. After determin-
ing that the revised plan met all applicable County regu-
lations, the staff scheduled a meeting with the applicant and
representatives from St. Edwards School for April 3, 1984.
That meeting was held, and the legal counsel for St. Edwards
School outlined the school's objection to the proposed site
plan. Since the applicant had met all conditions necessary for
site plan approval and requested to be heard at the next
available meeting of the Planning and Zoning Commission, the
staff scheduled this item for action at the April 12, 1984
meeting of the Commission. In an attempt to resolve the
concerns of St. Edwards School, another meeting was held on
45
MAY 2 3 1984 BOOK 57 PAGE 1.164
MAY 2 3 1984
I
BOOK 5" I FADE 165
April 10, 1984; those in attendance were County Planning
Department staff, County Utilities Department staff, the
consulting engineer for St. Edwards School, and a representa-
tive of Hutchinson Utilities, Inc. Although a number of issues
were discussed and a number of alternatives considered at that
meeting, none of the problems were resolved.
The Planning and Zoning Commission considered the Hutchinson
Utilities, Inc. site plan application at its meeting of April
12, 1984. At that time, the Commission approved the site plan
request by a 4-0 vote with the condition recommended by staff
that the applicant obtain a type B stormwater management
permit. Both the legal counsel and the consulting engineer for
St. Edwards School spoke against the site plan approval request
at the Planning and Zoning Commission meeting.
Representing St. Edwards School, attorney William Stewart filed
an appeal of the Planning and Zoning Commission's action of
approving the Hutchinson Utilities site plan request. Mr.
Stewart listed several reasons for the appeal. These include
the incompatibility of the proposed wastewater plant with
surrounding property, the lack of control of potential environ-
mental or ecological/economic impacts on surrounding property
from the proposed facility, inadequate protection for surround-
ing property, insufficient separation between the proposed
facility and the existing school, and the lack of protection of
the public's health, safety, and general welfare.
ALTERNATIVES AND ANALYSIS:
The staff reviewed all aspects of the Hutchinson Utilities
wastewater treatment facility site plan application prior to
recommending to the Planning and Zoning Commission that the
site plan be approved. Not only did this review include the
consideration of alternative locations for the proposed facili-
ty; it also involved scheduling and participating in several
meetings with all concerned parties.
In its review, the Planning Department assessed the proposed
project in terms of its conformance with zoning and land use
plan requirements, landscape ordinance requirements, paiking
and internal traffic circulation regulations, and other fac-
tors. It also considered the character of the proposed devel-
opment and its relationship to surrounding land uses. The
applicant' adequately satisfied all Planning Department con-
cerns. The proposed use is allowable in the A, Agricultural,
zoning district; this district requires 30 foot setbacks which
together with required buffering adequately separates the
proposed facility from surrounding property.
As part of the site plan review process, other County depart-
ments review site plan applications as appropriate. In this
case, the County Utilities Division reviewed the Hutchinson
Utilities application for conformance with all County Utility
regulations. This' review. indicated that the Hutchinson Util-
ities application was satisfactory. The Utilities Division
also indicated that Hutchinson Utilities would be required to
obtain DER approval for its facility; this would involve state
review of the plant design, operating characteristics of the
facility, and other. factors. The County would have the oppor-
tunity to make additional comments during this review period.
Besides the Utilities Division, the Public Works Division also
reviewed the proposed site plan. Its principal comment was
that the applicant obtain a Type B Stormwater Management
Permit. All other stormwater management requirements, except
issuance of the permit, had been met. Obtaining a Type E
permit was made a condition of the site plan approval, and this
condition has since been met.
The staff reviewed all applicable site plan characteristics in
the Hutchinson Utilities application. This primarily involved
_ 46
the location of improvements on the site, their relationship to
surrounding property, and their conformance to applicable
County regulations. The staff did not and could not consider
detailed facility design characteristics, such as the type,
style, and location of blowers and other factors. Since design
parameters will be dictated by and monitored by DER, it was the
feeling of the staff that potential adverse impacts such as
noise, odor, and aerosol effects could be resolved through
design requirements mandated by the DER. The DER will also
address potential environmental effects and any potential
health or safety impacts from the facility.
It is the staff's opinion that the Planning and Zoning Commis-
sion made the correct decision in approving the Hutchinson
Utilities, Inc. wastewater treatment facility site plan appli-
cation.
RECOMMENDATION:
The staff recommends that the Board of County Commissioners
deny the appeal and affirm the Planning and Zoning Commis-
sioner's action approving the Hutchinson Utilities, Inc.
wastewater treatment facility site plan application.
Robert Keating, Director of Planning & Development,
presented staff's recommendation for denial of the appeal by
St. Edward's School of the Planning & Zoning Commission's
approval of Hutchinson Utilities site plan for a wastewater
treatment plant. He noted that the only reservation staff
had in consideration of the site plan was whether a row of
Australian Pines located to the north of the site was
sufficient landscaping buffer: Unfortunately, the pines are
located on the property of St. Edward's School. After
discussing this with the applicant, Director Keating felt
confident that the applicant will put an additional
landscaped buffer on the north property line of the site.
Therefore, it is staff's feeling that the Planning & Zoning
Commission made the correct decision in approving the site
plan application.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Frank J. Micale, attorney representing Hutchinson
Utilities, Inc., wished to reserve the right to present
their position until after hearing the appeal by St.
Edward's School.
47
MAY 2 3 1984 BOOK 57 PAGE 166
MAY 2 3 1994 sooK 57 FACE x 67
William J. Stewart, attorney representing the
appellant, St. Edward's School, thought it was always
helpful when we get into site plan to go back to the basic
ordinance that addresses what criteria are to be considered
by the reviewing body in evaluating a site plan. He cited
several provisions in County ordinances relating to site
plans:
1) "The function of the Ordinance as a whole is to determine
and control environmental, ecological -economic impact, to
insure continuity of traffic patterns and development
compatible with surrounding property and provide for
conformity to County development and the Comprehensive Land
Use Plan."
2) "In reviewing such site plan, the Commission shall
consider the location, size, height, spacing appearance,
character and utilization of any building, structure or use
and their appurtences, access and circulation of vehicles
and pedestrians, streets, parking areas, open spaces and
landscaping in relation to adjacent property and access to
utility systems."
3) "The Commission shall not approve such site plan unless
it finds such site plan conforms to all applicable
conditions of the Zoning Ordinance, that the safety and
convenience of the public are properly provided for, that
adequate offstreet parking and loading facilities are.
provided for owners, tenants, visitors and employees, and
that adequate protection and separation are provided for
contiguous and nearby residential property."
4) "The Commission shall review site plan subject to
criteria, including but not limited to, to the zoning,
landscaping and subdivision ordinances, and may require
those changes that are deemed necessary for the protection
and promotion of the health, safety and general welfare of
the public."
48
Attorney Stewart advised that St. Edward's School
believes that the Planning & Zoning Commission did not give
adequate consideration to the above mentioned provisions.
They feel that the proposed use and its impact on the school
were not considered and that adequate protective measures
were not incorporated into the plan in order to minimize the
impact on the school. He believed that it is the burden of
Hutchinson Utilities to bear the responsibility, cost, and
whatever else is involved, of being certain that the use
does not have an negative impact on the surrounding
property.
Attorney Stewart pointed out that the proposed site of
the plant is at the northeast corner of the Moorings
property and at the southeast corner of St. Edward's School,
adjacent to AIA. It has been alleged that the need for
construction of a new, enlarged wastewater treatment plant
is due to the necessity for removal of the existing plant,
which is located at the opposite end of the property. The
Moorings placed the existing wastewater treatment plant in
its current location and then proceeded to build its tennis
courts and club around it, making expansion of the plant
area physically difficult. It then transferrred
responsibility for operating these facilities to Hutchinson
Utilities, Inc.
Attorney Stewart then addressed separately the four
major concerns of St. Edward's School -- aerosols, odors,
noise, and aesthetics.
Aerosols
In regard to the effect of aerosols, Attorney Stewart
presented the following letter (Exhibit A) received from
Flora Mae Wellings, Sc.D., Director of Epidemiology Research
Center of the HRS dated April 13, 1984.
49
L MAY 23 1984
BOOK 57 PAGE 168
r
MAY 2 3 1984
SI -ATF OF FLORII)A
DEPARTMENT OF
BOOK 57 FADE 169•
EXHIBIT "A"
Bob Graham: Governor
Health & Rehabilitative Services
Epidemiology Research Center
4000 West Buffalo Avenue, Tampa, Florida 33614
William J. Stewart April 13, 1984
McKinnon & Stewart
P. 0. Box 3345
Vero Beach, Florida 32964--3345
Dear Mr. Stewart:
I have reviewed the data you sent but was unable to determine for certain
that the aeration portion of the treatment plant was uncovered. It appears
that it is and that there would be aerosols emanating from the treatment plant.
I also noted on the drawings that there were some trees in the area between your
property and the plant but they were not numerous enough to constitute an
adequate barrier to_the aerosols. If a dense line of trees were there which
would act as a barrier, it not only would prevent the aerosols from reaching
your property but it would serve to improve the esthetics as well.
A study done in 1980 in Louisville, Kentucky demonstrated aerosolized
bacteria up to 930 m (3069 feet) downwind from sewage treatment plants.
(Reference: Cronholm, L. S., 1980. Potential health hazards from microbial 1
aerosols in densely populated urban regions. Appl. and Environ. Microbiol.
39:6-12.) Another study has shown that indicator organisms (nonpathogenic)
(total coliform, fecal coliform and coliphage) do not survive wastewater
aerosolization nearly as well as do the pathogenic (disease causing) organisms
(fecal strep, mycobacteria, and pseudomonads). (Reference: Camann, David H.,
1978. A model for predicting pathogen concentrations in wastewater aerosols.
In Proceedings of the Conference on Risk Assessment and Health Effects of Land
Application of Municipal Wastewater and Sludges. Ed. B. P. Sagik and C.A.
Sorber, Center for Applied Research and Technology, University of Texas at San
Antonio, San Atonio, Texas 78285 pp 240--271.)
The survival and transport of disease producing organisms in aerosols is
dependent upon several factors such as humidity, wind speed, wind direction and
sunlight. It would appear that all of the necessary factors would be present
in the case under consideration. The precise risk of contracting disease by
individuals exposed to such conditions has never been established, but
considering the very low levels of virus (1--10) which can produce infection,
there would be at least some risk to the students using the atheletic field
since it is within 100 feet of the source of the aerosol.
In evaluating the above conditions, it would seem to me that unless an
adequate barrier would be erected between your property and the treatment plant,
moving the plant to the proposed location would not be a very wise decision.
An outbreak of hepatitis among students using the athletic field would certainly
lead to legal complications.
There have been several other aerosol studies done but at the moment I
could not put my hands on them. I can assure you though, that they are all
in the same vein, i.e., aerosolized microorganisms can and do travel relatively
long distances downwind of sewage treatment plants.
I hope that these data will be of help to you. If you have any questions
or if you think I may be of further help, please feel free to call me.
Sincerely,
Flora Mae We' iings, Sc.D.
Director
Epidemiology Research Center
50
Attorney Stewart felt that the concerns of Dr. Wellings
must be addressed before determination is made on the
proposed wastewater plant site approval. He explained about
aerosols and the manner in which the plant would operate.
Sewage is treated by blowing air through it and churning it,
which results in a mist being picked up by the wind.
According to an air flow study done in Vero Beach, the
prevailing winds are east to southeast eight months out of
the year.. Attorney Stewart noted that St. Edward's School
has retained a consultant to analyze the effect the aerosols
might have on students and faculty members. If a potential
health hazard does exist, the consultant will also determine
whether or not the problem can be overcome. Attorney
Stewart stressed the point that it was premature to approve
the site plan before the consultant's report was received
and reviewed.
Odor
Attorney Stewart felt everyone realized there will be some
odor and wanted to find a way to control the situation. He
suggested that the problem could be alleviated by the
relocation of some of the components of the plant. St.
Edward's School wanted some assurance from Hutchinson
Utilities that if the plant produces unacceptable. odors._.
something will be done about it.
Noise
Attorney Stewart reported that Robert F. Lloyd of Lloyd &
Associates, a consulting engineering firm, has indicated
that the type of blowers proposed for this plant are very
noisy, and has recommended that a decibel limit be set and
monitored. He believed the normal ambient noise level is
.25 decibels.
51
MAY 2 3 1984 BOOK 57 PAGE 170
L
101111 AY, 23 1984 BOOK 57 PAcF171,,
Aesthetics
Attorney Stewart recommended that before site plan approval
is given, the landscaping promised by Hutchinson Utilities
should be completed. He stressed that the building is large
and the tank stands 16 feet high, and he felt that perhaps
it could be relocated. He did not know if the promised
landscaping meant a 5 -foot bush that would eventually grow
to 16 feet or higher, and he wanted certain specifics on
their landscaping plan. He noted there is little or no
landscaping proposed for the north side of the project and
thought that was because of the buffer of trees located on
school property.
Mr. Lloyd read aloud the following letter (Exhibit B)
addressed to the Board of County Commissioners dated
5/22/84:
-'1,7YD & ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
REPORTS
DESIGNS
SUPERVISION
APPRAISALS
CONSULTATIONS
May 22, 1984
Mr. William Stewart, Esq.
3355 South Ocean Drive
Vero Beach, FL 32963
Membets
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
ROBERT F. LLOYD
REGISTERED CIVIL ENGINEER 3538
REGISTERED LAND SURVEYOR 944
DARRELL E. MCQUEEN
REGISTERED CIVIL ENGINEER 21497
(30S) 562-4112
1835 20TH STREET
VERO BEACH, FLORIDA
32960
re: Hutchison Utilities, Inc., Proposed Wastewater
Treatment Facility for The Moorings
To All Concerned:
The purpose of this report is to study the plans
submitted by Hutchison Utilities, Inc. and determine
what impact it would have on St. Edward's School and
what could be done to minimize these impacts.
The major concerns that are generated by the proposed
plant are as follows:
1. Odor
2. Noise
3. Aerosol effects, and
4. Aesthetic Considerations
52
i'
4
I will address each
terms that I think
person.
r
of these elements,individually in
should be understandable to the lay
1. ODOR: Because of the nature of the material being
handled in the long force main (causing sewerage to
become septic) it is recommended that the following
modifications be made:
A. That the plant itself, be moved into the Southwest
corner of the property, thereby increasing the
distance to the St. Edward's School property.
B. That the inlet into the plant (inffulent) be
submerged in an area having a high DO (dissolved
oxygen).
C. That odofus be i.,- injected upstream from the
plant to minimize odors.
2. NOISE:
A. At present the blowers and generator are housed
in the mechanical room at the West end. The
generator and radiator, etc. vent out through the
North wall at the set -back line. It is suggested
that rotating the building at 90 degrees counter-
clockwise will place the noise source further a-
way from the school property and living quarters.
An additional advantage would be two masonry walls which
"would be between the noise source and the school
property.
3. AEROSOL EFFECT:
A. The relocation of the plant into the Southwest
corner, as recommended earlier, has the benefit
of locating that section of the plant, which pro-
duces the greatest amount of aerosol, the fur-
thennost distance from the St. Edward's School
property within the site plan. It is suggested
that a heavy undergrowth of trees, shrubby, etc.,
be placed between the school property and the
plant to inhibit the aerosol drift onto the school
property.
I think it should be brought to everyone's atten-
tion that the plant itself is some 12 to 13 feet
high and very difficult to conceal.
4. AESTHETICS: Aesthetically, it is very difficult to hide
a wastewater treatment plant, but many things can be done
to minimize the effect on neighbors. A great deal of
planting in the area would disguise or shield the
elements of the plant, i.e., equipment , office.
The further these elements are from the property line
the lessor the impact will be, due to the fact that
it provides more room for planting, etc.
The other elements of the plant, filters, mudwell,
etc., are nominally low profile and produce little
or no noise and have minimal odor problems and shall
be placed between the noise producing elements and
the abutting property.
In the writer's opinion, these recommendations and the
re -orientation of the elements as suggested by Hutchison
Utilities, Inc. would minimize the impact on the adjacent
property.
Sincerely,
R49eF.
LLOYD & ASSOCIATES, INC.
RFL/bc
MAY 2 3 1984
53
BOOK 57 PAGE 1 72
I
rc
MAY'2 3 1994 BOOK 5T FAa 173`..
Attorney Stewart introduced Dale Sorensen, Chairman of
the Board of Trustees of St. Edward's School, who urged the
Commission to address the concerns of their small community
of students and faculty members. He indicated that they
could not determine today whether Mr. Lloyd's proposed
changes are acceptable to them until reviewing the report
being done by an expert in the field of potential health
dangers caused by aerosols, and they feel that the
assumption that the DER or HRS will address these issues is
not enough. Mr. Sorensen felt strongly that every possible
alternative should be explored before this plant is located
in this area. St. Edward's will not say that it is the
right or wrong location -- what they will say is that there
is a potential for a serious health problerr- in'the future
and if there is any way to avoid it, it should be done so
now. Mr. Sorenson wished to go on record as opposing this
site plan approval. He reported that he had met with Mr.
Gonzalez, President of the Moorings Development Company, and
assured him that the trustees of the school agree that they
do not want to be arbitrary or obstruct the Moorings
development program in any way, but they are asking for a
reasonable period of time for all avenues and alternatives
to be explored before a decision is made on the site plan
application.
Commissioner Bird indicated the Board's reluctance to
place a wastewater treatment plant either near a school or a
development. Mr. Sorenson agreed that it is a difficult
situation at best.
Attorney Stewart recommended that the Board vacate the
site plan approval and send the matter back to the Planning
& Zoning Commission for further consideration of the
additional information concerning the effects of aerosols.
Frank Micale, attorney representing Hutchinson
Utilities, Inc., cautioned that the utility is reaching a
54
point in time where it will not be able to meet its mandated
responsibilities under the franchise granted by this Board.
He pointed out that the present plant which is also located
adjacent to the school does not meet requirements of the
Department of Environmental Resources, and this could result
in a moratorium on development. A new plant would have to
meet all state requirements. They can no longer afford the
luxury of waiting one more month before going ahead on this
necessary project. He agreed with staff's decision and that
of the the Planning & Zoning Commission who have made an
indepth study and spent months reviewing the situation.
This appeal is being taken on an issue which they feel would
be more properly addressed by the County's Utilities Dept.
because they have personnel with expertise in the matters of
aerosols, odors, etc. In regard to waiting until all
avenues are explored including the possibility of the City
providing service, he wished to read aloud a letter received
from the Mayor of Vero Beach dated 5/21/84. (Exhibit C)
55
MAY 2 3
1984 BOOK 57 FACE 174
MAY 2 3 1984
OrnC[ Or TH[
MAYOR
May 21, 1984
9
City of Vero Beach
1053 - 201h PLACE - P. 0. BOX 1389
VERO BEACH, FLORIDA - 32961-1389
Telephone: 567-5151
Louis P. Aiello, President
Hutchinson Utilities
2001 9th Avenue
Suite 305
Vero Beach, Florida 32960
Dear Mr. Aiello:
BOOK 57: PAGE 1-5
EXHIBIT "C"
The City of Vero Beach is aware of your franchise to provide
wastewater service to the general Moorings area as has been
granted by the Indian River County Commission.
To the best of my personal knowledge, the City of Vero Beach has
not accepted responsibility to provide wastewater treatment to any
area abutting your service area - which unincorporated area is
under the responsibility of the County government. .
The discussions the City had with you were totally dependent upon
the South Beach area becoming annexed into the City of Vero Beach
- which effort was terminated shortly after the County Commission
withdrew their support of allowing the electorate to vote for or
against annexation.
We have enjoyed our discussions and are sorry that a mutually
satisfactory solution to your problem was not achieved.
Very truly yours,
David Gregg, Jr.
Mayor
Chairman Scurlock noted that the letter was fairly
recent and announced that he will be meeting with the City
of Vero Beach on June 5th to discuss the possibility of the
City providing water and sewage treatment to that area. He
felt quite hopeful that some sort of agreement would be
reached.
56
Chairman Scurlock asked Louis Aiello, President of
Hutchinson Utilities, Inc., what his position would be if
the County were successful on June 5th in coming to some
type of agreement whereby the City would take additional
effluent. Mr. Aiello did not know if that would be a
benefit, but advised they will keep an open mind. He
stressed, however, that they could not sit in limbo if
nothing happens with the City.
Attorney Micale stressed that because of the time and
the burden placed on the utility, they would like to address
the issues which have been raised today:
Financial Impact on St. Edward's School: Attorney Micale
pointed out that the proposed site is along AIA where the
property value is much less than property closer to the
river where the plant is currently located. He reported
that Peter Armfield, Member of the Appraisal Institute, has
determined that any financial or economical impact on the
school would be marginal on either site. Attorney Micale
stressed that Hutchinson Utilities is a responsible,
cooperative neighbor and is concerned about the health and
welfare of the people in the community. He has the
assurance of management that they will do everything that is
required to solve any of the problems discussed today:
aerosols, noise, odor, or aesthetics.
Proposed Site Plan Changes: Louis Mendez, the engineer who
designed the wastewater plan for Hutchinson Utilities,
referred to a graphic chart (Exhibit D) showing the relative
distances of the proposed and existing plants in relation to
St. Edward's School. (Exhibit "D" is on file in the Office
of the Clerk.) Mr. Mendez pointed out that the proposed
site is further away from the school in every respect except
for the maintenance building at the lower righthand corner
57
MAY 2 3 19$4 BOOK 57 FADE 176
� J
MAY 2 3
1984
BOGK
57` fA x.77
of the property.
He felt that the minor site plan
changes
suggested by Mr. Lloyd would not make any difference
whatsover, except for 700 ft. radius at the property line.
Prevailing Winds: Referring to prevailing wind charts
(Exhibit E), Mr. Mendez noted that the prevailing winds are
south and southeast, and prevail mostly during March through
August, generally covering the time when the school is not
in session. The remainder of the time, the wind blows from
the school towards the plant. (Exhibit E is on file in the
Office of the Clerk.)
Aerosols: Mr. Mendez distributed copies of a pamphlet
(Exhibit F) by the EPA on Direct Environmental Factors at
Municipal Wastewater Treatment Works, dated January, 1976.
(Exhibit F is on file in the Office of the Clerk.) Mr.
Mendez read from the highlighted sections of the report,
which generally presented arguments that aerosols do not
pose a health problem. Mr. Mendez noted that the last
section stated that results indicate that strategically
placed vegetation should effectively suppress aerosols
emanating from wastewater treatment facilities.
Noise: Mr. Mendez reported that Hutchinson Utilities has
already purchased 50 hp blowers, but they have agreed to
purchase an 125 hp blower that would operate more quietly
and maintain the 50 hp blowers as spares and operate them
only when their noise is not objectionable. He advised that
Mr. Aiello has just now made a further agreement. During
the site plan process they managed to save one large stand
of oak trees which he pointed out on the map of the proposed
site. Mr. Aiello has agreed to keep this as is and turn the
building enough so that it will result in having the noise
components further away from the school. This will require
some revised drawings, but they can begin to do that.
58
Chairman Scurlock asked if that change would require
the submission of a new site plan, and Mr. Mendez answered
that it would, but at the same time he felt it should not
present any great problem because the impervious areas would
remain about the same from a run-off standpoint.
Odors: Mr. Mendez felt that the greatest deterrent to odor
problems is that Mr. Aiello's office is going to be right
there and he does not like odors either.
Commissioner Wodtke questioned Mr. Mendez about the
letter submitted by Dr. Wellings which referred to the low
levels of virus affecting the children using the athletic
field, etc., and traveling downwind. Mr. Mendez confirmed
that virus do travel downwind, but pointed out there has
been no incidence of disease reported.
Commissioner Wodtke then asked if Mr. Mendez could
produce an expert witness who could attest to that. Mr.
Mendez stated he could not do that; all the evidence he had
was the evidence contained in Exhibit F.
Mr. Aiello did not want to argue point for point, he
just wanted to make it clear that Hutchinson Utilities will
abide and comply with any and all regulatory conditions in
order to protect St. Edward's School and all their
customers. They are willing to do whatever is necessary,
but they need to do it now.
Commissioner Lyons commented that he had not heard of
any health hazards.- caused by aerosols from Vero Beach's
wastewater treatment plant located on the west side of the
17th Street Bridge, but Commissioner Wodtke pointed out that
there was an unpleasant odor at times.
Commissioner Bird believed it all really boiled down to
mitigation, and it seems both sides have indicated their
willingness to do this, as far as changing the building,
landscaping, etc. While that is being done, St. Edward's
59
'MAY 2 3 1984 BOOK 557FACE 170
MAY 2 3 1984 BooK 57 wuE179
School will have some extra time to gather more data for
reconsideration by the Planning & Zoning Commission.
Chairman Scurlock agreed that while they are putting
these things on paper for reconsideration by the Planning &
Zoning Commission, he would have the opportunity to meet
with the City of Vero Beach on June 5th.
Mr. Aiello felt that they were sitting with an approved
site plan and had met all the criteria and asked why they
could not go forward on the basis that they would make those
adjustments agreed to today. Attorney Brandenburg stated
that the hearing today is to determine whether Hutchinson
Utilities has met all the requirements of site plan. In the
event the Board feels that there is an alternate design that
will be required to meet those improvements, they have the
ability to vacate that approval, and send it back to the
Planning & Zoning Commission, and have Hutchinson Utilities
change their site plan showing all the necessary alignments
of the plants, blowers, buffering, etc., that they say they
are willing to do. Hutchinson Utilities does not, however,
have to go back to square one and submit a new site plan.
Utilities Director Terry Pinto felt that the school and
the residents of the area should keep in mind that the
City's wastewater treatment plant has been in place for many
years, and if there are aerosols, one can smell them when
going over the bridge. He pointed out that we have the
opportunity to look at a new design in the building of a new
plant and he is more concerned about the aerosols from the
existing plant. He felt certain there is going to be a
moratorium on additional hookups if a new plant is not
built.
Commissioner Bird asked Mr. Sorensen if 30 days is
sufficient for them to submit further information regarding
the potential health hazards, and Mr. Sorensen confirmed
that the study was currently underway.
W
Commissioner Lyons asked if Vero Beach does agree to
take on some sewage treatment, wouldn't the present plant
pose more of a hazard? Wouldn't there still be a plant up
there, either a new one or the existing one, and isn't
effluent needed for the golf course?
Mr. Micale repeated that Hutchinson Utilities could no
longer afford delays and pointed out the complexities of
issues in regard to aerosols, odors, and noise. He
suggested that the Board rely upon the expertise of the
County Utility Dept. and the Dept. of Environmental
Regulations to resolve these issues, as the DER has the
authority to mandate whatever Hutchinson Utilities is
required to do to minimize or eliminate those problems.
Chairman Scurlock totally disagreed because he felt
that local government has the right and responsibility to
respond to specific problems of the community.
Commissioner Wodtke felt that the Utilities Dept. does
not have expertise re the question of aerosols, and he would
like to see representatives of Hutchinson Utilities and St.
Edward's School meet with the DER and bring back any further
data to the Board.
Mr. Aiello again stated their willingness to do
whatever is necessary to protect the community. He pointed
out that each side could call on several experts who might
not agree and we wouldn't be any further ahead.
Chairman Scurlock suggested that we send the matter
back to Planning & Zoning with the hope that it could be
resolved in 30 days or even before.
Burt Hamilton, a representative of the Board of
Directors of the Moorings Property Owners Association,
stated that once again Mr. Aiello has expressed his
willingness to work everyone to get the job done. He felt
it incumbent to remind all concerned that Mr. Aiello said
something similar to that effect back in July, 1981 when he
61
MAY 2 3 194 BOOK 5-7 FaGE 180
MAY 2 3 1994 Boa 57 FAcc 1
stated to this Commission that he had purchased a new plant
that would complete the build out in the Moorings. He
stated then that they had ordered a new plant and it was in
Jacksonville. He felt that if the Commission had held Mr.
Aiello to his word then, before issuing the franchise, this
hearing would not be necessary. The Moorings Property
Owners Association would like to see the Board delay this
matter until such time that a meeting can be held with the
City Council to work out something more satisfactory than a
new plant that is going to cost the customers, and
ultimately, the taxpayers a lot more money.
Attorney Dorothy Hudson expressed the concern of the
Moorings in regard to the time element. They hoped that
Hutchinson Utilities will be able to move this plant as soon
as possible, as they had anticipated that it was to be moved
long before this. She objected to the type of time elements
discussed today, up to three months, or something that
delays the plant being moved until next year. That type of
delay is totally unacceptable to the Moorings. She feared
that future development may not receive sewer treatment
service and urged the Commission to do everything possible
to do this in a timely fashion.
Chairman Scurlock reminded Attorney Hudson that the
basic problem in itself began with the Moorings.
Attorney Hudson agreed that it was a Moorings problem,
but again pointed out the necessity of having effluent for
the golf course.
Dr. Arthur E. Rappoport, a resident of the Moorings who
has a son attending St. Edward's School, spoke of the
dangers associated with aerosols and diseases. As a former
pathologist, he was concerned about the potential health
hazards, and believed the political bodies involved should
get together and resolve the problem.
62
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously closed the Public Hearing.
MOTION WAS MADE by Commissioner Bird,
SECONDED by Commissioner Lyons, that the
Board return this matter to the Planning &
Zoning Commission for reconsideration in light
of additional information that is now available;`
that the reconsideration take place within 30 days;
encourage the representatives of St. Edward's
School and Hutchinson Utilities, Inc. to make
available their additional data at the next
hearing; and that Hutchinson Utilities, Inc. will
make such modifications to their site plan as they
feel can be made in order to mitigate to all
extents possible any adverse effects that this
plan might have on this particular site; with the
understanding that any and all alternatives will
be studied.
Under discussion, Commissioner Bird wanted it noted
that Chairman Scurlock will diligently pursue our options in
this matter with the City of Vero Beach at the meeting of
June 5, 1984, and Chairman Scurlock encouraged those in
attendance today to attend that City Council Meeting.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (4-0).
PROCLAMATION - J. B. NORTON
Chairman Scurlock read the following proclamation aloud
and presented it to J. B. Norton.
63
MAY 2 3 1984 boa F -AGE X82
I
MAY 2 3 1994 BOOK 57 fAt-JE183
PROCI.. MATION
WHEREAS, on October 10, 1979, J. B. Norton, Jr.
was unanimously selected by the County Commission to serve as
Indian River County's representative on the Health Planning
Council, Inc.; and
WHEREAS, prior to the Health Planning Council
appointment, J. B. Norton served on the -Board of the old
Health System Agency; and
WHEREAS, after seven and one-half years of
dedicated and distinguished service to the County and the
region in the field of Health Planning, J. B. Norton, Jr.
will be resigning his appointment effective July 1, 1984;
and
WHEREAS, during J. B. Norton's tenure on the
Council, its services and accomplishments have increased
substantially; and
WHEREAS, J. B. Norton, Jr. has served the
citizens of Indian River County with great distinction in the
health planning field and through his efforts Indian River.
County has become a better place to live for all,-
NOW
ll;NOW THEREFORE, be it proclaimed by the Board of
County Commissioners of Indian River County, Florida, that
Mr. J. B. Norton, Jr. be hereby duly honored and commended
for his many years of devoted attention and service to the
County and its citizens in the vitally important field of
Health Service Planning.
BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
DON C. SCURLOCK, JR
Chairman
Attest - -
FREDA WRIGHT,
Clerk
Adopted May 23, 1984
le
The Board of County Commissioners thereupon recessed at
12:40 o'clock P.M. for lunch and reconvened at 2:00 o'clock
P.M. with the same members present, Commissioner Bowman
being absent. Deputy Clerk Virginia Hargreaves took over
from Deputy Clerk Barbara Bonnah for the remainder of the
meeting.
ADDITIONS TO AGENDA
Commissioner Lyons reported that he had something
further he wished to add to the agenda, and he believed the
Chairman did also.
Chairman Scurlock had two items - one, the need to make
some contact with the City of Sebastian re our Transporta-
tion thoroughfare plan as it seems they are continuing to
allow development to occur in right-of-ways we may need for
the future, and secondly, the need to give Congressman
Nelson some direction on the referendum issue re beach
renourishment.
Commissioner Lyons wished to add a report on the
actions of the Transportation Planning Committee meeting of
May 8th.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) added the above three items to the agenda.
APPROVAL OF SOLIN & ASSOCIATES - PUD REGULATIONS, ETC.
Attorney Brandenburg reported that Solin & Associates,
who were retained by the County to draft amendments to the
Residential Zoning Code (actually almost a total rewrite of
that part of the Code), have submitted their draft to the
Planning Department; Planning is about done with their
comments and ready to go to workshop on these residential
65
MAY 2 3 1984 BOOK 57 PAGE 184
MAY 2 3 1984
districts.
BOOK 57 PACE 185
He felt it is important to have workshops with a
lot of public input and recommended that dates be estab-
lished and staff be authorized to have very large ads
published.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) authorized staff to conduct workshops
on the newly completed residential codes and
place ads as discussed.
Attorney Brandenburg continued that Solin & Associates
have presented a proposal for the work on both PUD and Site
Plan Criteria and Procedures, and he would suggest that we
move ahead with those phases so that Solin & Associates can
be developing the next ordinance at the same time the
workshops are being held. Their proposal is as follows:
LESTER L SOLIN. JR. AICP
PRINCIPAL
May 10, 1984
1
SOLIN AND ASSOCIATES, INC.
PLANNING CONSULTANTS
1201 1 9th PLACE. SUITE 101
VERO BEACH. FL 32960
Gary Brandenburg, County Attorney
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Brandenburg:
1384
I--
VL
As you and Mr. Keating requested during our meeting on May 4, 1984, please find
attached a detailed cost estimate for Phase II: Planned Unit Development Regu-
lations and Phase IV: Site Plan Review Criteria and Procedures. The profession-
al man hours which are included represent a reasonable estimate of consultant
time required based on an analysis of past planning projects by our firm. As
stated in our previous estimate, the figures presented include meetings with
you, Mr. Keating and other designated County staff and preparation of a second
draft incorporating SAI's proposed revisions based on staff comments on the
first draft. As requested, the estimate does not take into account attendance
at public meetings and hearings.
M.
Solin and Associates, Inc. is anxious to maintain its working relationship with
Indian River County through Phases II and IV of the comprehensive amendment to
the Zoning Ordinance. We trust you will find these estimates sufficient for the
purposes of your review and analysis. Furthermore, we hope that we may begin
work on both the PUD and Site Plan Review sections as soon as possible so that
we may schedule our work program accordingly.
As always, should you have any questions or comments regarding these estimates,
please do not hesitate to contact my office. I look forward to hearing from
you.
Sincere
Lester L. Solin, Jr. I P
Principal
DETAILED ESTIMATES FOR THE PREPARATION OF
PHASE II: PLANNED UNIT DEVELOPMENT REGULATIONS
AND
PHASE IV: SITE PLAN REVIEW CRITERIA AND PROCEDURES
Est. Prof.
Pian Hours
PHASE II: PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
Procedures and Criteria for Review and Approval........... 25
Integrate Zoning and Subdivision Regulations .............. 20
Development Limitations and Standards ..................... 25
Additional Open Space and Amenity Requirements............. 20
Form and Content of Plan Submittals ....................... 15
Compilation, Review and Edit .............................. 10
Estimated Hours to Prepare First Draft: 115
Estimated Hours to Prepare Second Draft: 40
TOTAL HOURS ESTIMATED FOR PHASE II: 155
************* (155 Hours @ Average $50.00/Hour = $7,750.00) **********
PHASE IV: SITE PLAN REVIEW CRITERIA AND PROCEDURES
Refine Site Plan Review Procedures and Criteria........... 25
Refine Site Plan Information Requirements ................. 10
Open Space, Landscaping and Buffering Standards........... 15
Floodplain and Wetland Preservation Standards ............. 20
Cross References to Drainage and Other County Ordinances.. 10
Erosion and Sedimentation Control Standards... : ........... 10
Access, Internal Circulations, Off -Street Parking,......... 15
and Traffic Impact Analysis
Water, Wastewater, and Solid Waste Disposal Services...... 10
Impact on Protective and Emergency Services................ 5
Compilation, Review and Edit .............................. 10
Estimated Hours to Prepare First Draft: 130
Estimated Hours to Prepare Second Draft: 30
TOTAL HOURS ESTIMATED FOR PHASE IV: 160
************* (160 Hours @ Average $50.00/Hour = 8,300.00) **********
Note: Estimates include meetings with County staff, secretarial,
research andgraphic preparation. �y
MAY 2 3 1984 67 500K :� 1 PAGE 1�
MAY 2 3 1984
BOOK - 517 -muE 187
Commissioner Wodtke felt that the PUD had been worked
on in the past, and Attorney Brandenburg noted that Mr.
Solin never has been authorized to work on this.
Planning Director Keating reported that staff hasn't
been working on it. Whenever reference has been made to
PUD, he believed it has been in relation to the entire
Zoning Code.
Chairman Scurlock believed there is a tremendous need
to move ahead with PUD, and the Board agreed.
The Chairman asked Mr. Solin how long it would be
before we would have a proposed PUD ordinance in front of us
and be able to workshop Phase II.
Mr. Solin noted that it depends on how staff expedites
the draft his firm gives them. He estimated two months for
completion of his work, but felt the first draft can be
completed in six weeks.
Mr. Keating believed staff would need three to four
weeks for review and then time must be allowed for them to
make any changes.
The Board indicated that they had hoped this was
farther along, and Mr. Solin stated that they would expedite
their part of this as much as possible.
Commissioner Bird inquired about funds, and Administra-
tor Wright stated that we can absorb Phase II at this point
in the Planning Department budget, but he did not know that
we can absorb Phase IV.
Attorney Brandenburg suggested that the Board authorize
both phases, and Mr. Keating agreed that staff feels that
the PUD ordinance and Site Plan criteria changes go together
well and it would be.best to do them simultaneously.
Chairman Scurlock asked if they could do this concur-
rently and it would take 120 days for both to be completed,
and Mr. Keating stated that was his understanding.
NIM
I
Discussion continued as to the funds, and the Admin-
istrator repeated that we can absorb Phase II without any
problem from existing unfilled salary positions in the
Planning Department, but for the rest we would have to go to
the Reserve for Contingencies.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) authorized Solin & Associates to proceed
with Phase II (PUD Regulations) at an estimated
cost of $7,750.00, the funds to come from the
regular Planning operations by a line to line
transfer within the department.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
(4-0) authorized Solin & Associates to proceed
with Phase IV (Site Plan Criteria and Proced-
ures); subject to finding the necessary funds.
It was noted that staff will come back to the Board and
report on where they found the funds for Phase IV.
AMENDING RESOLUTION 83-63 - $5,700,000 REVENUE BONDS
Attorney Brandenburg noted that in the past the Board
adopted a Resolution providing for refunding of certain
bonds for the Administration Building and the Courthouse.
This was validated, but subsequently it became apparent that
refunding was not going to be feasible, and our financial
advisors now have advised us to look at the possibility of
issuing junior lien bonds and senior lien bonds together for
the purpose of the refunding. The proposed Resolution makes
the necessary changes to the original resolution calling for
MAY 23 1984
BOOK 57 FADE 188
MAY 23 1984 BOOK 5`7 FACE 189
dV
the refunding to allow for the issuance of junior-lien bonds
along with senior lien bonds.
Chairman Scurlock stated that his main question is in
regard to the cost benefit ratio of going ahead and doing
this. He believed on present market conditions we are only
talking about $20-30,000.
Administrator Wright explained that the action they are
requesting be taken today would allow us to make that
decision in the future. In 90 days if it would be feasible
to refinance, it would be set in motion for us to make the
decision.
Chairman Scurlock inquired about the cost involved.
Administrator Wright stated that, at this time, there
is only the court filing fee and the Attorney's time. Mr.
Brandenburg confirmed that there are no costs to amend the
Resolution; if validation of the junior lien series were
required, there would be a cost. If we were to issue both
junior and senior lien bonds, there would be considerable
costs involved, but he did not know the figures.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) adopted Resolution 84-35, amending Reso-
lution 83-63 which authorized the issuance of
$5,700,000 Revenue Bonds to finance the con-
struction and equipping of additional court-
room facilities; adopted Resolution 84-36,
authorizing the issuance of $1,000,000 Capital
Improvement Revenue Bonds (Junior Lien) for the
same purpose; and authorized validation of same
with the understanding that no further action in
connection with the actual refinancing will be
taken without first coming back to the Commission.
70
RESOLUTION NO. 84-35
A RESOLUTION AMENDING RESOLUTION NO. 83-63
ADOPTED ON AUGUST 17, 1983 AND ENTITLED: "A
RESOLUTION PROVIDING FOR THE REFUNDING OF
CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF
INDIAN RIVER COUNTY, FLORIDA, AND THE CON-
STRUCTION AND EQUIPPING OF ADDITIONAL COURT-
ROOM FACILITIES; AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $5,700,000 CAPITAL IMPROVEMENT
REVENUE BONDS, SERIES 1983, TO FINANCE THE
COST THEREOF; AND PROVIDING FOR THE PAYMENT
OF THE PRINCIPAL OF AND INTEREST ON SUCH
BONDS FROM THE RACE TRACK FUNDS AND JAI ALAI
FRONTON FUNDS ACCRUING ANNUALLY TO INDIAN
RIVER COUNTY, FLORIDA, PURSUANT TO LAW." AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County has, by Resolution No. 83-63 adopted
on August 17, 1983 (the "Resolution") authorized the issuance of
not exceeding $5,700,000 Capital Improvement Revenue Bonds,
Series 1983 (the "Bonds") for.the purpose of refunding certain of
the County's outstanding bonds and constructing a Project, as
defined in said Resolution; and
WHEREAS, it is now deemed desirable and in the best
financial interests of the County to provide for an alternative
whereby the refunding and the construction of the Project may be
accomplished by the issuance of the Bonds and of Junior Lien
Bonds being authorized and to be issued simultaneously with the
Bonds, or by the issuance of portions of both the Bonds and
Junior Lien Bonds; and
WHEREAS, it is necessary to amend the Resolution to
reflect the issuance of the Junior Lien Bonds; and
WHEREAS, it is also necessary and advisable to update
the series designation of the Bonds to reflect the probable date
of issuance thereof, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. The title and body of Resolution No. 83-63,
adopted on August 17, 1983, be and the same is hereby amended by
changing the words and figures "Series 1983" to read "Series
1984" wherever the same appears after the words "Capital
Improvement Revenue Bonds."
MAY 2 3 �9�4 Boa : 57 pA,E 1.9Q
I
`I
MAY 2 3 1984
BOOK 57 fAu 1.
SECTION 2. Section 2 of said Resolution is amended by
adding thereto a new subsection V to read as follows:
"SECTION 2. DEFINITIONS. . .
V. 'Junior Lien Bonds' shall mean the obligations of
the County, if issued, the lien of which on the Race Track
Funds and the investment income herein provided for, shall be
junior and subordinate in all respects to the lien of the
Bonds."
SECTION 3. Subsection 3E of the Resolution is hereby
amended to read as follows:
"SECTION 3. FINDINGS. It is hereby ascertained, deter-
mined and declared that:...
E. The estimated funds needed for such refunding
as above described and for the Project shall be provided
from proceeds derived from the sale of the Bonds, or a
portion thereof, and the Junior Lien Bonds, or a portion
thereof, if issued, and other funds of the County
available therefor."
SECTION 4. The first full paragraph of Subsection 15D
of the Resolution is amended to read as follows:
"SECTION 15. APPLICATION OF BOND PROCEEDS...
D. A sum specified in the Escrow Deposit Agree-
ment, together with such portion of the proceeds of the
Junior Lien Bonds, if issued, specified in the Escrow
Deposit Agreement which together with the other funds
described in the Escrow Deposit Agreement to be depo-
sited in escrow, and together with the investment income
thereon, will be sufficient to pay the principal of,
interest and redemption premium, if any, on the Refunded
Bonds as the,same shall become due or may be redeemed,
shall be deposited into the Escrow Account established
by the Escrow Deposit Agreement in the respective
-2-
M M M
amounts sufficient for such purposes. Further, an
amount sufficient to pay the costs and expenses incurred
in connection with the issuance and sale of the Bonds
may be deposited in a separate Expense Account and dis-
bursed under the Escrow Deposit Agreement, if not paid
under C above."
SECTION 5. Section 25 of said Resolution is hereby renum-
bered Section 26 and there is hereby created a new Section 25 to
read as follows:
"SECTION 25. REPEAL OF INCONSISTENT RESOLUTIONS.
All resolutions or parts thereof in conflict herewith
are hereby repealed to the extent of such conflict
except the resolution authorizing the issuance of the
Junior Lien Bonds. If upon delivery of the Bonds or any
portion thereof, herein authorized, and of the Junior
Lien Bonds, if any are issued, it shall be determined
that any remaining unissued portion of the Bonds and/or
the Junior Lien Bonds, if any, are not necessary to pay
costs of the refunding and of the Project herein
authorized, then the authorization for.such portion of
the Bonds and/or the Junior Lien Bonds remaining
unissued shall thereupon be cancelled and rescinded by
subsequent resolution of the Board."
SECTION 6. This resolution shall take effect immediately
upon its adoption.
0
-3-
MAY 2 3 1994 BOOK 57 PA 192
L
r
3
'MAY 2 3 1994BOOK' 1 SAGE
The foregoing resolution was offered by Commissioner
Lyons 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 Absent
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd day of May , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By. ! C
"Z""z A -
DON C. SCII OCR, JR.
Chairman
Attest:
FREDA WRIGHT
Clerk q
APPROVED FORM
AND LEG IIFFIC, a
By
M BRANDENBURG
o ty Attornev
=4-
so
0
RESOLUTION NO. 84-36
A RESOLUTION PROVIDING FOR THE REFUNDING OF
CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF
INDIAN RIVER COUNTY, FLORIDA, AND THE CON-
STRUCTION AND EQUIPPING OF ADDITIONAL COURT-
ROOM FACILITIES; AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $1,000,000 CAPITAL IMPROVEMENT
REVENUE BONDS (JUNIOR LIEN), SERIES 1984A,
TO FINANCE PART OF THE COST THEREOF; AND PRO-
VIDING FOR THE PAY14ENT OF THE PRINCIPAL OF AND
INTEREST ON SUCH BONDS FROM THE RACE TRACK
FUNDS AND JAI ALAI FRONTON FUNDS ACCRUING
ANNUALLY TO INDIAN RIVER COUNTY, FLORIDA,
PURSUANT TO LAW AND CERTAIN INVESTMENT INCOME;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA (hereinafter referred to as "Board"),
that:
SECTION 1. AUTHORITY FOR RESOLUTION. This resolution
is adopted pursuant to the provisions of Chapter 125, Florida
Statutes, Indian River County Ordinance No. 77-19, enacted August
3, 1977, and effective August 9, 1977, as amended, Chapter 83-271,
Laws of Florida, Acts of 1983, and other applicable provisions of
law.
SECTION 2. DEFINITIONS. The following terms shall have
the following meanings herein, unless the text otherwise expressly
requires. Words importing singular number shall include the
plural number in each case and vice versa, and words importing
persons shall include firms and corporations.
A.
"County"
shall mean
Indian River County, Florida.
B.
"Board"
shall mean
the Board of County Commissioners
of Indian River County, Florida.
C. "Act" shall mean Chapter 125, Florida Statutes,
Indian River County Ordinance No. 77-19, enacted August 3, 1977,
and effective August 9, 1977, as amended, Chapter 83-271, Laws of
Florida, Acts of 1983, and other applicable provisions of law.
D. "Resolution" shall mean this resolution.
E. "Bonds" shall mean the Capital Improvement Revenue
Bonds (Junior Lien), Series 1984A, herein authorized to be issued.
F. "Serial Bonds" shall mean any Bonds for the payment
-I-
n. �� � PAGE ����
MAY 2 3 1��
� J
BOOK 57 FAG€195
of the principal of which, at the maturity thereof, no fixed
Amortization Installment or bond redemption deposits are required
to be made prior to the twelve-month period immediately preceding
the stated date of maturity thereof.
G. "Term Bonds" shall mean the Bonds of an installment-
all
nstallment
all of which shall be stated to mature on one date and which shall
be subject to retirement by operation of the Bond Amortization
Account herein established within the Bond Service Fund.
H. "Amortization Installment", with respect to any Term
Bonds of an installment, shall mean an amount or amounts so
designated which is or are established for the Term Bonds of such
installment, provided that the aggregate of such Amortization
Installments for each maturity of Term Bonds of such installment
shall equal the aggregate principal amount of each maturity of
Term Bonds of such installment delivered on original issuance.
I. "Bond Service Requirement" for any Fiscal Year, as
applied to the Bonds, shall mean the sum of:
(1) the amount required to pay the interest becoming due
on the Bonds during such Fiscal Year, except to the extent that
such interest shall have been provided by payments into the Bond
Service Fund out of proceeds of the sale of the Bonds for a speci-
fic period of time or by payments of investment income into the
Bond Service Fund from the Bond Amortization Account or any
accounts therein;
(2) the amount required to pay the principal of Serial
Bonds maturing in such Fiscal Year; and
(3) the Amortization Installments established for the
maturities of Terra Bonds for such Fiscal Year.
J. "Maximum.Bond Service Requirement" shall mean, as of
any particular date of calculation, the Bond Service Requirement
which is largest in dollar amount for the then current or any
future Fiscal Year.
K. "Holder of Bonds" or "Bondholder" or "Holders" or any
similar term shall mean any person who shall be the Registered
-2-
M M M
owner of any Bond or Bonds or his Kransferee.
L. "Senior Lien Bonds" shall mean the not-- exceeding
$5,700,000 Capital Improvement Revenue Bonds, Series 1984, issued
pursuant to the Senior Lien Resolution, whether issued prior to
or currently with, the issuance of the Bonds, the lien of which
on the Pledged Funds, as herein defined, shall be senior and
superior in all respects to that of the Bonds issued hereunder.
M. "Senior Lien Resolution" shall mean the resolution
of the County authorizing the issuance of the Senior Lien Bonds.
N. "Race Track Funds" shall mean the first $446,500 of
the Race Track Funds and Jai Alai Fronton Funds accruing annually
to the County under the provisions of Chapters 550 and 551,
Florida Statutes, and allocated to the Board pursuant to law.
O. "Senior Lien Resolution Investment Income" shall
mean the income from the investment of monies in the funds and
accounts established in Section 18 of the Senior Lien Resolution
and deposited into the Revenue Fund created by Section 18A of the
Senior Lien Resolution.
P. "Pledged Revenues" shall mean the Race Track Funds
and the Senior Lien Resolution Investment Income.
Q. "Authorized Investments" shall mean any of the
following if and to the extent the same are at the time legal for
investment of municipal funds; (a) direct obligations of or obli-
gations guaranteed by the United States; (b) bonds, debentures or
notes issued by any of the following federal agencies: Bank for
Cooperatives; Federal Intermediate Credit Banks; Federal Home
Loan Bank System Export -Import Bank of Washington; Federal Land
Banks; or the Federal National Mortgage Association (including
Participation Certificates); (c) Public Housing Bonds, Temporary
Notes, or Preliminary Loan Notes fully secured by contracts with
the United States; (d) full faith and credit obligations of any
State, provided that at the time of purchase such obligations
are rated in either of the two highest rating categories by two
nationally recognized bond rating agencies; (e) corporate deben-
-3-
MAY 2 3 1984 Boos 57 PacE 196
MAY 2 3 1984 BOOK 57 PAtE1.97
tures rated in the highest rating category by two nationally
recognized bond rating agencies; (f) time deposits represented
by certificates of deposit fully secured in the manner provided
by the laws of the State of Florida; or (g) investments under the
Investment of Local Government Surplus Funds Act of the State of
Florida, being Chapter 218, Part IV, Florida Statutes.
R. "Refunded Bonds" shall mean the County's outstanding
Capital Improvement Revenue Bonds, Series 1980, dated April 1,
1980, and Capital Improvement Revenue Bonds, Series 1981, dated
October 1, 1981.
S. "Escrow Deposit Agreement" means that certain Escrow
Deposit Agreement by and between the County and a bank or trust
company to be selected and named by the County prior to the deli-
very of the Bonds, which agreement shall be in substantially such
form as shall be determined by subsequent resolution of the
County. `
T. "Fiscal Year" shall mean the period commencing on
October 1 of each year and ending on the succeeding September 30
or such other annual period as may be prescribed by law from time
to time for the County.
U. "Federal Securities" shall mean direct obligations
of the United States of America and obligations the principal of
and interest on which are fully guaranteed by the United States
of America, none of which permit redemption prior to maturity at
the option of the obligor.
V. "Project" shall mean the completion of the recon-
struction, alteration, furnishing and equipping of certain capi-
tal facilities of the County for use as an Administration
Building, Courthouse and Annexes and the construction and acqui-
sition of additional courtroom facilities, all pursuant to the
plans and specifications of the Consulting Architect on file, or
to be on file, with the County.
W. "Bond Registrar" shall mean the officer of the County
or such bank or trust company, located within or without the State
WE
M
of Florida, who shall maintain the registration books of the
County and who shall be responsible for the registration of and
for transfer of the Bonds.
X. "Registered Owner" shall mean the owner of any Bond
or Bonds as shown on the Books of the County maintained by the
Bond Registrar.
Y. "Record Date" shall mean the 15th day of the month
immediately preceding any interest payment date for the Bonds.
SECTION 3. FINDINGS.
mined and declared that:
It is hereby ascertained, deter-
A. The County now receives the Race Track Funds which
are not pledged or encumbered in any manner except to the payment
of the Refunded Bonds, which pledge will be defeased pursuant to
the refunding program herein authorized, and except to the prior
payment of the Senior Lien Bonds.
B. The County will, pursuant to the Senior Lien
Resolution, receive the Senior Lien Resolution Investment Income
which is not pledged or encumbered in any manner except to the
prior payment of the Senior Lien Bonds.
C. The County has previously issued the Refunded Bonds,
of which the sum of not exceeding $4,995,000 principal amount
will be outstanding and unpaid at the time the Bonds are issued.
D. It is necessary and desirable to acquire and
construct the Project, as provided herein, in order to preserve
and protect the public health, safety and welfare of the inhabi-
tants of the County.
E. The County deems it necessary and in its best
interest to provide for the refunding of the Refunded Bonds
either through the issuance of the Senior Lien Bonds or a com-
bination of the Bonds issued hereunder and Senior Lien Bonds.
The refunding program herein described will be advantageous to
the County, by (1) restructuring the debt service of the County
payable from the Race Track Funds; and (2) providing a savings in
debt service.
-5-
MAY 2 3 1984 BOOK 57 Pnc 198
MAY 2 3 1984 BOOK-- 5 7, fA���:'
F. The estimated funds needed for such refunding as
above described and for the Project shall be provided from pro-
ceeds derived from the sale of the Bonds or from the Senior Lien
Bonds or a combination of both together with ogler funds of the
County available therefor.
(1) An amount which, together with the income on
the investment thereof, will be sufficient to effect the refunding
will be deposited in an irrevocable escrow account established for
the holders of the Refunded Bonds, and invested in Federal Securi-
ties. The principal amounts of such Federal Securities together
with the interest earnings thereon will be sufficient to make
timely payments of all presently outstanding principal, interest
and redemption premiums in respect to the Refunded Bonds and all
costs associated with the acquisition and subsequent :management of
such Federal Securities.
(2) Such costs of the refunding and of the con-
struction of the Project shall be deemed to include bond
discount, if any, legal expenses, fiscal advisor expenses, expen-
ses for estimates of costs and of revenues, administrative
expenses, interest accrued on the Bonds for a reasonable period
from the date of issuance thereof, reasonable amounts for
reserves, and such other expenses as may be necessary or inciden-
tal for the financing authorized by this Resolution. The costs
of construction of the Project shall be deemed to include but not
be limited to, the acquisition of any lands, or interest therein,
and of any fixtures, or equipment, or properties deemed necessary
or convenient therefor, architectural/engineering and legal
expenses, expenses for financial services or fiscal advisors;
expenses for estimates of costs and of revenues, expenses for
plans, specifications and surveys, administrative expenses
relating to the additions, extensions and improvements authorized
by this Resolution, and such other expenses as may be necessary
or incidental to the financing authorized by this Resolution and
the construction of the Project authorized by this Resolution
9M
M M
and the placing of same in operation.
G. The principal of and interest on the Bonds and all
required sinking fund, reserve and other payments shall be payable
solely from the Pledged Revenues and the income from investments
of monies in the funds and accounts herein created, as herein
provided. The County shall never be required to levy ad valorem
taxes on any property within its corporate territory to pay the
principal of and interest on the Bonds or to make any of the
required sinking fund, reserve or other payments, and such Bonds
shall not constitute a lien upon any property owned by or
situated within the corporate territory of the County.
H. The estimated Pledged Revenues to be received by the
County together with the income from investments made under this
resolution will be sufficient to pay all principal of and
interest on the Bonds to be issued hereunder, as the same become
due, and to make all required sinking fund, reserve or other
payments required by this Resolution.
SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In con-
sideration of the acceptance of the Bonds authorized to be issued
hereunder by those who shall hold the same from time to time, this
Resolution shall be deemed to be and shall constitute a contract
between the County and such Holders. The covenants and agree-
ments herein set forth to be performed by the County shall be for
the equal benefit, protection and security of the legal Holders
of any and all of such Bonds, all of which shall be of equal rank
and without preference, priority or distinction of any of the
Bonds over any other thereof, except as expressly provided
therein and herein.
SECTION 5. AUTHORIZATION OF CONSTRUCTION AND ACQUISITION
OF PROJECT AND REFUNDING OF REFUNDED BONDS. There is hereby
authorized the acquisition and construction of the Project in
accordance with plans and specifications presently on file or to
be on file with the County. There is also hereby authorized the
refunding of the Refunded Bonds, in the manner hereinafter pro-
-7 -
MAY 2 3 1984 BOOK 57 PACE 240
MAY 2 3 1994
vided.
BOOK 57 PACE 201
SECTION 6. AUTHORIZATION OF BONDS. Subject and pursuant
to the provisions of this Resolution, obligations of the County
to be known as "Capital Improvement Revenue Bonds (Junior Lien),
Series 1984A" are hereby authorized to be issued in the aggregate
principal amount of not exceeding One Million Dollars ($1,000,000).
SECTION 7. DESCRIPTION OF BONDS. The Bonds shall be
dated as of a date to be fixed by resolution of the County, but
not later than the date of issuance, shall be numbered consecu-
tively from one upward; shall be in the denomination of $5,000
each or integral multiples thereof; shall bear interest at not
exceeding the maximum rate authorized by applicable law, payable
semiannually, and shall mature on such dates and in such years
and in such amounts, all as are fixed by subsequent resolution of
the County adopted at or prior to the sale of the Bonds.
The Bonds shall be issued in fully registered form without
coupons; shall be issued as Serial Bonds or Term Bonds or a com-
bination of both; shall be payable with respect to both principal
and interest at such bank or banks to be determined by the County
prior to the delivery of the Bonds; shall be payable in lawful
money of the United States of America; and shall bear interest from
such date, but not earlier than the date of the Bonds, as is fixed
by resolution of the County adopted at or prior to the sale of the
Bonds, payable by mail to the registered owner at his address as it
appears on the registration books. If Term Bonds are issued
Amortization Installments therefor shall be fixed in the subse-
quent resolution referred to above.
SECTION 8. EXECUTION OF BONDS. The Bonds shall be exe-
cuted in the name of the County by the Chairman of the Board and
attested by the Clerk of the Board and the corporate seal of the
County or a facsimile thereof shall be affixed thereto or repro-
duced thereon. The facsimile signatures of the;Chairman and the
Clerk may be imprinted or reproduced on the Bonds. The Bond
Registrar's Certificate of Authentication shall appear on the
we
Bonds. The Authorized Signature for the Bond Registrar shall be
either manual or in facsimile; provided, however, that at least
one of the signatures, including that of the authorized signature
for the Bond Registrar, appearing on the Bonds shall at all times
be a manual signature. In case any one or more of the officers of
the County who shall have signed or sealed any of the Bonds shall
cease to be such officer of the County before the Bonds so signed
and sealed shall have been actually sold and delivered, such Bonds
may nevertheless be sold and delivered as herein provided and may
be issued as if the person who signed or sealed such Bonds had
not ceased to hold such office. Any Bonds may be signed and
sealed on behalf of the County by such person as at the actual
time of the execution of such Bonds shall hold the proper office,
although at the date of such Bonds such person may not have held
such office or may not have been so authorized.
A certification as to Circuit Court validation, in the
form hereinafter provided, shall be executed with the facsimile
signature of any present or future Chairman of the Board.
SECTION 9. NEGOTIABILITY. The Bonds shall be and have
all the qualities and incidents of negotiable instruments under the
laws of the State of Florida, and each successive Holder, in
accepting any of the Bonds, shall be conclusively deemed to have
agreed that uch Bonds shall be and have all of the qualities and
incidents of negotiable instruments under the laws of the State
of Florida.
SECTION 10. REGISTRATION. The Bonds shall be issued only
as fully registered bonds without coupons. There shall be a Bond
Registrar, which may be either the County itself, or a bank or
trust company located within or without the State of Florida. The
County, if it chooses to have a bank act as such Bond Registrar
shall, not later than the date of sale of the Bonds, by resolu-
tion designate such bank to serve as the Bond Registrar and
paying agent. The Bond Registrar shall be responsible for main-
taining the books for the registration of and for the transfer of
Qslm
MAY 2 3 1984 Boos 57 FA6E 202
MAY 2 3 1984 Boa 5 PAGE 203 -
the Bonds and, if a bank is so designated, in compliance with an
Agreement to be executed between the County and such bank as Bond
Registrar as parties on or prior to the delivery date of the
Bonds. Such Agreement shall set forth in detail the duties,
rights, and responsibilities of the parties to the Agreement.
Upon surrender to the Bond Registrar for transfer or
exchange of any Bond, duly endorsed for transfer or accompanied by
an assignment duly executed by the Registered Owner or his attorney
duly authorized in writing, the Bond Registrar shall deliver in the
name of the transferee or transferees a new fully registered Bond
or Bonds of authorized denominations of the same maturity for the
aggregate principal amount which the registered owner is entitled
to receive.
All Bonds presented for transfer, exchange, redemption or
payment (if so required by the County or the Bond Registrar) shall
be accompanied by a written instrument or instruments of transfer
or authorization for exchange, in form and with guarant of signa-
ture satisfactory to the County or the Bond Registrar, duly exe-
cuted by the Registered Owner or by his duly authorized attorney.
The County and the Bond Registrar may charge the bond-
holder or his transferee a sum sufficient to reimburse them for
any expenses incurred in making any exchange or transfer after the
first such transfer after the delivery of the Bonds. The Bond
Registrar or the County may also require payment from the bond-
holder or his transferee of a sum sufficient to cover any tax, fee
or other goverrunental charge that may be imposed in relation
thereto. Such charges and expenses shall be paid before any such
new Bond shall be delivered.
Interest shall be paid on such dates as are set forth in a
subsequent resolution to the Registered Owner of record whose
name appears on the books of the Bond Registrar as of 5:00 p.m.
(local time, Vero Beach, Florida) on the Record Date.
New Bonds delivered upon any transfer or exchange shall be
valid obligations of the County, evidencing the same debt as the
-10-
Bonds surrendered, shall be secured by this Resolution, and shall
be entitled to all of the security and benefits hereof -t-.o the same
extent as the Bonds surrendered.
The County and the Bond Registrar may treat the registered
owner of any Bond as the absolute owner thereof for all purposes,
whether or not such Bond shall be overdue, and shall not be bound
by any notice to the contrary. The person in whose name any Bond
is registered may be deemed the owner thereof by the County and the
Bund Registrar, and any notice to the contrary shall not be binding
upon the County or the Bond Registrar.
Notwithstanding the foregoing provisions of this Section
10, the County reserves the right, on or prior to the delivery of
the Bonds, to amend or modify the foregoing provisions relating to
registration of the Bonds in order to comply with all applicable
laws, rules, and regulations of the United States Government and
the State of Florida relating thereto.
SECTION 11. DISPOSITION OF BONDS PAID OR REPLACED. When-
ever any Bond shall be delivered to the Bond Registrar for cancella-
tion, upon payment of the principal amount thereof or for replace-
ment or transfer or exchange, such Bond shall either be retained by
the Bond Registrar for a period of time specified in writing by the
County or at the option of the County, shall be cancelled and
destroyed by the Bond Registrar and counterparts of a certificate of
destruction evidencing such destruction shall be furnished to the
County.
SECTION 12. BONUS MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Bond shall become mutilated, or be destroyed, stolen or
lost, the County inay in its discretion issue and deliver a new Bond
of like tenor as the Bonds so mutilated, destroyed, stolen, or
lost, in exchange and substitution for such mutilated Bond, upon
surrender and cancellation of such mutilated Bond or in lieu of and
substitution for the Bond destroyed, stolen or lost, and upon the
holder furnishing the County and the Bond Registrar proof of his
ownership thereof and satisfactory indemnity and complying with
-11-
MAY 2 3 1984 ROOK 57 FAGS 204
MAy 2 3 1984 BOOK 57 PnE 205
such other reasonable regulations and conditions as the County may
prescribe and paying such expense as the County and Bond Registrar
may incur. All Bonds so surrendered shall be cancelled by the
Bond Registrar. If any such Bond shall have matured or be about to
mature, instead of issuing a substitute Bond, the County may pay the
same, upon being indemnified as aforesaid, and if such Bond be lost,
stolen or destroyed, without surrender thereof.
Any such duplicate Bonds issued pursuant to this Section
shall constitute original, additional, contractual obligations on
the part of the County, whether or not the lost, stolen or
destroyed Bonds be at any time found by anyone and such duplicate
Bonds shall be entitled to equal and proportionate benefits and
rights as to lien, source and security for payment, pursuant to
this Resolution, from the funds, as hereinafter pledged, to the
same extent as all other Bonds issued under this Resolution.
SECTION 13. PROVISIONS FOR REDEMPTION. The Bonds or any
portions thereof shall be subject to redemption prior to their
respective stated dates of maturity, at the option of the County,
at such times and in such manner as shall be determined by sub-
sequent resolution prior to the sale thereof.
Notice of such redemption shall, at least thirty (30) days
prior to the redemption date (i) be filed with the paying agents,
and (ii) be mailed, postage prepaid, to all owners of Bonds to be
redeemed at their addresses as they appear of record on the books
of the Bond Registrar as of forty-five (45) days prior to the
date of redemption. Interest shall cease to accrue on any Bond
duly called for prior redemption on the redemption date, if
payment thereof has been duly provided. The privilege of
transfer or exchange of any of the Bonds is suspended for a fif-
teen day period preceding the mailing of the notice of
redemption.
SECTION 14. FORM OF BONDS. The text of the Bonds,
together with the validation certificate and the Bond Registrar's
Certificate to be endorsed thereon, shall be substantially of the
-12-
following tenor, with such omissions, insertions and variations as
may be necessary and desirable and authorized or permitted by this
Resolution or any subsequent resolution adopted prior to the
issuance thereof, or as may be necessary to comply with applicable
laws, rules and regulations of the United States Government and the
State of Florida in effect upon the issuance thereof:
-13-
MAY 2 3 1984BOOK 57 PAGE 206
r
MAY 2 3 1984
No.
BOOK
CUSIP:
57 PACE 207
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CAPITAL IMPROVEMENT REVENUE BUND, SERIES 1984A
RATE OF INTEREST MATURITY DATE DATE OF ORIGINAL ISSUE
REGISTERED OWNER:
PRINCIPAL AMOUNT:
KNOW ALL MEN BY THESE PRESENTS, that Indian River County,
Florida (hereinafter called "County"), for value received hereby
promises to pay to the Registered Owner designated above, or
registered assigns, solely from the special funds hereinafter
mentioned, on the Maturity Date specified above the principal sum
shown above, upon the presentation and surrender hereof at the
corporate trust office of ,
as Paying Agent and Bond Registrar, and to pay solely from such
special funds interest thereon from the date of this bond or from
the most recent interest payment date to which interest has been
paid, whichever is applicable, until payment.of such sum, at the
rate per annum set forth above, payable on , and
semiannually thereafter on
1 and 1 in
each year, by check or draft mailed to the registered owner at his
address as it appears, at 5:00 P.M. on the fifteenth day of the
month preceding the applicable interest payment date, on the
registration books of the County kept by the Bond Registrar. The
principal of, premium, if any, and interest on this Bond are
payable in lawful money of the United States of America.
This bond is one of an authorized issue of bonds in the
aggregate principal amount of not exceeding $1,000,000 of like
tenor and effect, except as to installment, date, number, interest
rate and date of maturity, issued to finance part of the cost of
refunding the County's outstanding Capital Improvement Revenue
Bonds, Series 1980, dated April 1, 1980, and Capital Improvement
-14-
Revenue bonds, series 1981, dated October 1, 1981, and part of the
cost of completing the reconstruction and alteration of certain
facilities of the County for use as an Administration Building,
Courthouse and Annexes and the construction of additional court-
room facilities in the County, under the authority of and in full
compliance with the Constitution and Statutes of the State of
Florida, including particularly Chapter 125, Florida Statutes,
County Ordinance No. 77-19, enacted August 3, 1977, and effective
August 9, 1977, as amended, Chapter 83-271, Laws of Florida, Acts
of 1983, and other applicable provisions of law, and a resolution
duly adopted by the Board of County Commissioners (the "Board") of
the County on the day of
, 1984,_as supplemented
(hereinafter called "Resolution"), and is subject to all the terms
and conditions of such Resolution.
This bond and the interest thereon are payable solely
from and secured by a lien upon and a pledge of the first $446,500
of the Race Track Funds and Jai Alai Fronton Funds accruing
annually to the County under the provisions of Chapters 550 and
551, Florida Statutes, and allocated to the Board pursuant to law,
and certain investment income accruing to the County under a
Senior Lien Resolution pursuant to which certain Senior Lien
Bonds, hereinafter defined, have been issued or will be issued
concurrently with the issuance of the bonds of the issue of which
this bond is one (said Race Track Funds and Jai Alai Fronton Funds
and Senior Lien Resolution investment income being collectively
called the "Pledged Revenues"), and the income from the invest-
ment of monies held in the funds and accounts established by
Section 18 of the Resolution. This bond does not constitute an
indebtedness of the Board or of the County within the meaning of
any constitutional, statutory or charter provision or limitation.
The lien on the Pledged Revenues of the holders of the
bonds of the issue of which this bond is one is junior, inferior
and subordinate in all respects to the lien on said Pledged
Revenues of the holders of the outstanding $5,700,000 Capital
-15-
MAY 2 3 1984 BOOK 57 FAGE?08
MAY 2 3 1984
BOOK
57,
FACE
Improvement Revenue
Bonds, Series 1984 (the "Senior Lien
Bonds").
It is expressly agreed by the owner of this bond that such
owner shall never have the right to require or compel the levy of
ad valorem taxes for the payment of the principal of and interest
on this bond or for the making of any sinking fund, reserve or
other payments provided for in the Resolution. This bond and the
indebtedness evidenced thereby shall not constitute a lien upon any
property of the Board or upon any property of or in the County but
shall constitute a lien only upon the Pledged Revenues and the
income from investments in the funds and accounts established by
Section 18 of the Resolution in the manner above recited.
(To be inserted where appropriate on face of bond:
"REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND
SET FORTH ON THE REVERSE SIDE HEREOF, AND SUCH FURTHER PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON
THIS SIDE.") r
This bond may be transferred only upon the books of the
County kept by the Bond Registrar under the Resolution upon
surrender thereof at the principal office of the Bond Registrar
with an assignment duly executed by the Registered Owner or his
duly authorized attorney, but only in the manner, subject to the
limitations and upon payment of the charges, if any, provided in
the Resolution, and upon surrender and cancellation of this bond.
Upon any such transfer, there shall be executed in the name of the
transferee, and the Bond Registrar shall deliver, a new registered
bond or bonds in the same aggregate principal amount and series,
maturity and interest rate of the authorized denominations as the
surrendered bond.
In like manner, subject to such conditions and upon the
payment of such charges, if any, the registered owner of any bond or
bonds may surrender the same (together with a written instrument of
transfer satisfactory to the Bond Registrar duly executed by the
Registered Owner or his duly authorized attorney) in exchange for
an equal aggregate principal amount of fully registered bonds of the
-16-
same installment and maturity of any other authorized denominations.
It is hereby certified and recited that all acts, con-
ditions and things required to exist, to happen and to be performed
precedent to and in the issuance of this bond exist, have happened
and have been performed in regular and due form and time as
required by the Statutes and Constitution of the State of Florida
applicable thereto; and that the issuance of this bond and of the
issue of bonds of which this bond is one, does not violate any con-
stitutional or statutory limitation.
This bond is and has all the qualities and incidents of a
negotiable instrument under the laws of the State of Florida.
(Insert redemption provisions).
Notice of such redemption shall be given in the manner
required by the Resolution.
This bond shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the Reso-
lution until the certificate of authentication hereon shall have
been executed by the Bond Registrar.
IN WITNESS WHEREOF, Indian River County, Florida, has
issued this bond and has caused the same to be executed by the
Chairman of its Board of County Commissioners and attested by the
Clerk of such Board, either manually or with their facsimile
signatures, and its corporate seal or a facsimile thereof to be
affixed, impressed, imprinted, lithographed or reproduced hereon,
all as of the first day of
(SEAL)
ATTEST:
, 198.
INDIAN RIVER COUNTY, FLORIDA
Chairman, Board of County
Commissioners
Clerk, Board of County Commissioners
-17-
BOOK 57 PAGE210
MAY 2 3 1984
Fr
�
MAY 2 3 1984 BOOK 57
` PAGE 211
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds of the issue described in
the within-mentioned Resolution.
Date of Authentication
As Bond Registrar
By
Authorized Signature
VALIDATION CERTIFICATE
This bond is one of a series of bonds which were validated
and confirmed by judgment of the Circuit Court for Indian River
County, Florida, rendered on the day of ,
19
Chairman, Board of County
Commissioners
-18-
The following abbreviations, when used in the inscription
on the face of the within bond, shall be construed as though they
were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in
common
TEN ENT - as tenants by the
entireties
JT TEN - as joint tenants with
right of survivorship
and not as tenants in
common
UNIF GIH' MIN ACT -
Cust.)
Custodian for
(Minor)
under Uniform Gifts to Minors Act
of
(State)
Additional abbreviations may also be used though not in
list above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers to
PLEASE INSERT NAME, ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFYING
NUMBER OF ASSIGNEE
the within bond and does hereby irrevocably constitute and appoint
the Bond Registrar as his agent to transfer the bond on the books
kept for registration thereof, with full power of substitution in
the premises.
Dated:
Signature guaranteed:
(Bank, Trust Company or Firm)
Authorized Officer)
MAY 2 3 1984
NOTICE: The signature to this
assignment must correspond with
the name of the registered Owner
as it appears upon the face of
the within bond in every parti-
cular, without alteration or
enlargement or any change
whatever.
-19-
BOOK 57 PAGE 212
M Ay 2 3 198
Boa 5 7, ��,u,E21
SECTION 15. APPLICATION OF BOND PROCEEDS. The proceeds,
including accrued interest and premium, if any, received from the
sale of any or all of the Bonds shall be applied by the County
simultaneously with their delivery to the purchaser thereof, as
follows:
A. The accrued interest shall be deposited in the Junior
Lien Sinking Fund herein created and shall be used only for the
purpose of paying interest becoming due on the Bonds.
B. A sum which, together with other legally available
funds of the County which may be deposited therein on the date of
delivery of the Bonds, will equal all or a portion of the Maximum
Bond Service Requirement on the Bonds, at the option of the County,
shall be deposited into the Reserve Account hereinafter created and
established.
C. To the extent not paid or reimbursed therefor by the
original purchaser of the Bonds, the County shall pay all costs
and expenses in connection with the preparation, issuance and sale
of the Bonds.
D. Unless the refunding is accomplished solely by the
issuance of the Senior Lien Bonds, a sum specified in the Escrow
Deposit Agreement which together with the other funds described in
the Escrow Deposit Agreement to be deposited in escrow, and
together with the investment income thereon, will be sufficient to
pay the principal of, interest and redemption premium, if any, on
the Refunded Bonds as the.same shall become due or may be
redeemed, shall be deposited into the Escrow Account established
by the Escrow Deposit Agreement in the respective amounts suf-
ficient for such purposes. Further, an amount sufficient to pay
the costs and expenses incurred in connection with the issuance
and sale of the Bonds may be deposited in a separate Expense
Account and disbursed under the Escrow Deposit Agreement, if not
paid under C above.
Such funds shall be kept separate and apart from all other
funds of the County, and shall be withdrawn, used and applied by
-20-
M
77
the County solely for the purposes set forth herein and in the
Escrow Deposit Agreement. All such proceeds shall be and consti-
tute trust funds for such purposes and there is hereby created a
lien in favor of the owners of the Bonds upon such moneys until
so applied.
Simultaneously with the delivery of the portion of the
Bonds necessary to accomplish the refunding program specified in
this Resolution, the County shall enter into the Escrow Deposit
Agreement in such form as shall be fixed by subsequent resolution
of the County adopted prior to the issuance of the Bonds, with a
bank or trust company approved by the County, which shall provide
for the deposit of sums into the Escrow Account established there-
in, and for the investment of such moneys in appropriate Federal
Securities so as to produce sufficient funds to make all of the
payments described in the first paragraph of this subsection 15D
of this resolution. At the time of execution of the Escrow
Deposit Agreement, the County shall furnish to the Escrow Holder
named therein appropriate documentation to demonstrate that the
sums being deposited and the investments to be made will be suf-
ficient for such purposes.
E. The balance of such funds shall be deposited into
the "Indian River County Capital Improvement Construction Trust
Fund" (hereinafter called "Construction Fund") created by the
Senior Lien Resolution and used and applied as provided for such
Fund.
SECTION 16. SECURITY FOR BONDS. The principal of and
interest on the Bonds shall be secured forthwith equally and
ratably by a lien upon and a pledge of the Pledged Revenues, as
defined herein, and the income from the investment of monies held
in the various funds and accounts hereinafter established in
Section 18 hereof. The County hereby irrevocably pledges such
funds to the payment of the principal of and interest on the Bonds
issued hereunder.
The lien of the holders of the Bonds on the Pledged
-'ll-
LE
BooK 57 FADE 2 1
MAY 2 3 1994 BOOK 5`J PAGE 215
Revenues shall be junior, inferior and subordinate in all respects
to the lien on such Pledged Revenues of the holders of the Senior
Lien Bonds.
SECTION 17. FONDS NOT DEBT OF BOARD OR COUNTY. Neither
the Bonds nor the interest thereon shall be or constitute general
obligations or indebtedness of the Board or of the County within
the meaning of any constitutional or statutory limitation of
indebtedness, but shall be payable solely from and secured by a
lien upon and a pledge of the Pledged Revenues, as herein defined,
and the income from the investment of monies held in the various
funds and accounts hereinafter established in Section 18 hereof.
No holder or holders of any Bonds issued hereunder shall ever have
the right to compel the levy of ad valorem taxes to pay the Bonds
or interest thereon or for the making of any other payments pro-
vided for in this Resolution.
SECTION 18. COVENANTS OF THE COUNTY. For as long as
any of the principal of and interest on any of the Bonds shall be
outstanding and unpaid or until there shall have been set apart
in the Junior Lien Bond Service Fund, herein established,
including the Bond Amortization Account and the Reserve Account
therein, a sum sufficient to pay when due the entire principal of
the Bonds remaining unpaid, together with interest accrued or to
accrue thereon, the County covenants with the holders of any and
all Bonds as follows:
A. REVENUE FUND. The Pledged Revenues shall, upon
receipt thereof, be deposited and applied first as set forth in
Subsection 17A and paragraphs (1) and (2) of Subsection 17B of
the Senior Lien Resolution. All Pledged Revenues remaining on
deposit in the Revenue Fund created and established in the Senior
Lien Resolution shall be disposed of commencing with the Fiscal
Year 1983-84, only in the following manner and in the following
order of priority:
(1) Pledged Revenues shall first be used for deposit
into a separate fund, which is hereby created and designated the
-22-
"Junior Lien Bond Service Fund", such sums as will be sufficient
to pay the following amounts on a parity basis (a) all interest
becoming due and payable on the Bonds during the current Fiscal
Year, (b) the principal amount of Serial Bonds which will become
due and payable on the next principal maturity date; and (c) the
Amortization Installment, if any, required to be made on the next
annual payment.date.
Such Amortization Installment shall be credited to a
"Bond Amortization Account", which is hereby created and esta-
blished in said Junior Lien Bond Service Fund. A separate spe-
cial subaccount within the Bond Amortization Account shall be
established for each installment of Term Bonds outstanding, and
if there shall be more than one stated maturity for Term Bonds of
an installment, then a separate special subaccount in the Bond
Amortization Account shall be established for each such separate
maturity of Term Bonds.
Upon the sale of any Term Bonds, the County shall, by
resolution, establish the amounts and maturities of such
Amortization Installments and if there shall be more than one
maturity of Term Bonds, the Amortization Installments for the
Term Bonds of each maturity.
Moneys on deposit in each of the separate special sub -
accounts in the Bond Amortization Account shall either be used
for the open market purchase or the redemption of Term Bonds of
the maturity of Term Bonds for which such separate special sub -
account is established in the manner hereinafter specified.
(2) Pledged Revenues remaining in the Revenue Fund
shall next be applied by the County to maintain a Junior Lien
Reserve Account in said Junior Lien Bond Service Fund, which
Junior Lien Reserve Account is hereby created and established, in
an amount equal to the Maximum Bond Service Requirement on the
Bonds, all or a portion of which such sum may be initially pro-
vided from the proceeds of the sale of the Bonds and other funds
of the County available therefor. The County shall thereafter
-23-
MAY 2 3 1984
BOOK �b7 PAG E216
r MAY 2 3 1994
Boa 57 �FacE217
deposit annually into said Reserve Account, if necessary, an
amount equal to twenty per cent (20%) of the difference between
the amount, if any, so deposited upon the delivery of the Bonds
and the amount required to be maintained therein by the provi-
sions of this subparagraph (2). No further payments shall be
required to be made into such Junior Lien Reserve Account when
there has been deposited therein and as long as there shall
remain on deposit therein a sum equal to the Maximum Bond Service
Requirement on the Bonds.
Any withdrawals from the Junior Lien Reserve Account
shall be subsequently restored from the first moneys available in
the Revenue Fund after all required payments have been made for
the Senior Lien Bonds and all required current payments into the
Junior Lien Bond Service Fund, including the Bond.Amortization
Account therein, and into the Junior Lien Reserve Account,
including all deficiencies for prior payments, have been made in
full.
Moneys in the Junior Lien Reserve Account shall be used
only for the purpose of the payment of maturing principal (in-
cluding Amortization Installments) of or interest on the Bonds
when the moneys in the Junior Lien Bond Service Fund are insuf-
ficient therefor, and for no other purpose.
Whenever the amount on deposit in the Junior Lien
Reserve Account exceeds the amount required to be maintained
therein by the provisions of this subparagraph (2), the excess
may be withdrawn and deposited into the Junior Lien Bond Service
Fund or the Bond Amortization Account therein and used for the
purposes thereof, or may be transferred and allocated to the
Redemption Account, hereinafter created, and used solely for the
purposes thereof.
The County shall not be required to make any further
payments into the Junior Lien Bond Service Fund, including the
Bond Amortization Account therein, or into the Junior Lien
Reserve Account when (i) the aggregate amount of moneys in such
-24-
Junior Lien Bond Service Fund, the Bond Amortization Account
therein, and the Junior Lien Reserve Account therein are at least
equal to the aggregate principal amount of Bonds then outstanding,
plus the amount of interest then due or thereafter to become due
on such Bonds then outstanding or (ii) the County shall have made
provision for payment of the Bonds as provided in Section 20 of
this Resolution.
(3) The balance of any moneys remaining in the Revenue
Fund in each month in each Fiscal Year after all of the above
required current payments have been made shall be transferred and
allocated to a special account hereby created in the Junior Lien
Bond Service Fund and designated the "Redemption Account." Moneys
in said Redemption Account shall be used on each interest payment
date but in any event not less than once in each Fiscal Year for
the purchase or redemption of Bonds, or portions thereof, of not
less than $5,000 in principal amount at any one time at prices not
exceeding the redemption price on the next succeeding redemption
date.
(4) The Junior Lien Bond Service Fund and the Bond Amor-
tization Account, Redemption Account and the Junior Lien Reserve
Account therein, and any other special funds or accounts herein
established and created shall constitute trust funds for the pur-
poses provided herein for such funds. All such funds shall be
continuously secured in the same manner as state and municipal
deposits are required to be secured by the laws of the State of
Florida. Moneys on deposit in any of such funds and accounts may
be invested and reinvested in Authorized Investments.
Investments made with moneys in the Junior Lien Bond
Service Fund (including the Bond Amortization Account and the
Redemption Account therein) must mature not later than the date
that such moneys will be needed but in no event later than one
year from the date of purchase. Investments made with moneys in
the Junior Lien Reserve Account must mature not later than the
final maturity of any Bonds then outstanding. Any and all income
received by the County from all such investments shall upon
-25-
MAY 2 3 1984 BOOK 57 PACE 218
MAY
2 3
1984
BOOK
57° PAGE21
receipt
thereof be deposited into the Junior Lien Bond
Service
F and.
The cash required to be accounted for in each of the
foregoing funds and accounts established herein may be deposited
in a single bank account, and funds allocated to the various.
accounts established herein may be invested in a common invest-
ment pool, provided that adequate accounting records are main-
tained to reflect and control the restricted allocation of the
cash on deposit therein and such investments for the various pur-
poses of such funds and accounts as herein provided.
The designation and establishment of the various funds
in and by this Resolution shall not be construed to require the
establishment of any completely independent, self -balancing funds
as such term is commonly defined and used in governmental
accounting, but rather is intended solely to constitute an ear-
marking of certain moneys and assets of the County for certain
purposes and to establish certain priorities for application of
such moneys and assets as herein provided.
B. OPERATION OF BOND AMORTIZATION ACCOUNT. Moneys held
for the credit of the Bond Amortization Account shall be applied
to the retirement of Term Bonds as follows:
(1) Subject to the provisions of Paragraph (3) below,
the County shall endeavor to purchase Term Bonds then outstanding
at the most advantageous price obtainable with reasonable
diligence, such price not to exceed the principal of such Term
Bonds plus the amount of the premium, if any, which would be
payable on the next redemption date to the Holders of such Term
Bonds if such Term Bonds or portions thereof should be called for
redemption on such date from moneys in the Bond Amortization
Account. The County shall pay the interest accrued on such Term
Bonds to the date of delivery thereof from the Junior Lien Bond
Service Fund and the purchase price from the Bond Amortization
Account therein, but no such purchase shall be made by the County
within the period of 45 days immediately preceding any interest
-26-
payment date on which Term Bonds are subject to call for redemp-
tion, except from moneys in excess of the amounts set aside or
deposited for the redemption of Term Bonds.
(2) Subject to the provisions of Paragraph (3) below,
whenever sufficient money is on deposit in the Bond Amortization
Account to redeem $5,000 or more principal amount of Term Bonds,
the County shall call for redemption from money in the Bond
Amortization Account such amount of Term Bonds then subject to
redemption as, with the redemption premium, if any, will exhaust
the money then held in the Bond Amortization Account as nearly as
may be practicable. Prior to calling Term Bonds for redemption,
the County shall withdraw from the Junior Lien Bond Service Fund
and from the Bond Amortization Account therein and set aside in
separate accounts or deposit with the paying agents the respec-
tive amounts required for paying the interest on and the prin-
cipal of and redemption premium applicable to the Term Bonds so
called for redemption.
(3) Moneys in the Bond Amortization Account shall be
applied by the County in each Fiscal Year to the retirement of
Term Bonds then outstanding in the following order:
(a) The Term Bonds to the extent of the Amortization
Installment, if any, for such Fiscal Year for the Term Bonds then
outstanding, plus the applicable premium, if any, and, if the
amount available in such Fiscal Year shall not be sufficient
therefor, then in proportion to the Amortization Installment, if
any, for such Fiscal Year for the Term Bonds then outstanding,
plus the applicable premium, if any; provided, however, that if
the Term Bonds shall not then be subject to redemption from
moneys in the Bond Amortization Account and if the County shall
at any time be unable to exhaust the moneys applicable to the
Term Bonds under the provisions of this clause or in the purchase
of such Term Bonds under the provisions of Paragraph (1) above,
such money or the balance of such money, as the case may be,
shall be retained in the Bond Amortization Account and, as
-27-
MAY 2 3 1984 BooK 57 PAGE 220
MAY 2 3 1994
BOOK 57
soon as it is feasible, applied to the Term Bonds; and
(b) Any balance then remaining, other than money
retained under the first clause of this Paragraph (3), shall•be
applied to the retirement of such Term Bonds as the County in its
sole discretion shall determine, but only, in the case of the
redemption of Term Bonds, in such amounts and on such terms as
may be provided in the resolution authorizing the issuance of the
Bonds.
(4) The County shall deposit into the Bond Amortization
Account Amortization Installments for the amortization of the
principal of the Term Bonds, together with any deficiencies for
prior.required deposits, such Amortization Installments to be in
such amounts and to be due in such years as shall be determined
by resolution of the Board prior to the delivery of the Bonds.
The County shall pay from the Junior Lien Bond Service
Fund all expenses in connection with any such purchase or redemp-
tion.
C. ADDITIONAL OBLIGATIONS. The County hereby covenants
and agrees not to incur any other obligations or indebtedness,
except refunding obligations as hereinafter provided, payable
from the same source as the payments hereinbefore specified to be
made into the Bond Service Fund and Reserve Account, unless such
obligations contain an express statement that such obligations
are junior and subordinate in all respects to the Bonds herein
authorized as to lien on and source and security for payment from
the Pledged Revenues.
D. REMEDIES. Any Holder of Bonds issued under the pro-
visions of this Resolution, may either at law or in equity, by
suit, action, mandamus or other proceedings in any Court of com-
petent jurisdiction, protect and enforce any and all rights under
the laws of the State of Florida or granted and contained in the
Act and in this Resolution, and may enforce and compel the
payment of all sums and the performance of all duties required by
this Resolution or by any applicable statutes to be performed by
a e �
the County, or by any officer thereof, including but not being
limited to, the application and distribution of the Pledged
Revenues in the manner provided in this Resolution.
E. BOOKS AND RECORDS. The County shall keep books and
records of the receipt of all Pledged Revenues received by it,
including particularly the Pledged Revenues pledged hereunder,
which such books and records shall be kept separate and apart
from all other books, records and accounts of the County and any
Holder of a Bond or Bonds shall have the right at all reasonable
times to inspect all records, accounts and data of the County
relating thereto.
F. ANNUAL AUDIT. The County shall also, at least once
a year, within 120 days after the close of the Fiscal Year, cause
the books, records and accounts relating to such Pledged Revenues
to be properly audited by an independent Certified Public Accoun-
tant and shall mail, upon request, and make generally available,
the report of such audits to any Holder or Holders of Bonds. A
copy of such annual audit shall also be furnished to the original
purchasers of the Bonds, if requested.
G. NO IMPAIRMENT OF CONTRACT. The County has full
power and authority to irrevocably pledge the Race Track Funds
hereinabove described to the payment of the principal of and
interest on the Bonds. The pledge of such Race Track Funds, in
the manner provided herein, shall not be subject to repeal, modi-
fication or impairment by any subsequent resolution or other pro-
ceedings of the County or by any subsequent act of the Legislature
of Florida without and unless the County shall have provided, or
the Legislature shall have made immediately available to the
County, such additional or supplemental funds which shall be suf-
ficient to retire such Bonds and the interest thereon in accor-
dance with their terms. The County shall take all actions and
pursue such legal remedies which may be available to it either in
law or in equity to prevent or cure any default or impairment as
within the meaning of this subsection G.
-29-
MAY 2 3 1984 BOOK 57. PAGE 222
MAY2 3 1994 57, A c E 3
H. ARBITRAGE. The County does hereby further covenant
that no use will be made of the proceeds of the Bonds which would
cause the Bonds to be "arbitrage bonds" within the meaning of
Section 103(c) of the Internal Revenue Code of 1954, as amended,
and the applicable regulations thereunder. The County, at all
times while such Bonds and the interest thereon are outstanding,
including refundings thereof, will comply with the requirements
of said Section 103(c) and with the valid and applicable rules
and regulations of the Internal Revenue Service thereunder.
SECTION 19. RIGHTS OF THE BOND HOLDERS. The Holders of
the Bonds shall have no responsibility for the application and
use of the proceeds received from the sale thereof and the appli-
cation and use of such proceeds by the County shall in no way
affect the rights of the Bond Holders. The County shall be irre-
vocably obligated, upon receipt thereof, to use the Pledged
Revenues and the income from investments pledged hereunder to pay
the principal of and interest on the Bonds and to make all
reserve and other payments provided for herein, notwithstanding
any failure of the County to apply such Bond proceeds in the
manner provided herein.
SECTION 20. DEFEASANCE. If, at any time, the County
shall have paid, or shall have made provision for payment of, the
principal, interest and redemption premiums, if any, with respect
to the Bonds, then, and in that event, the pledge of and lien on
the Pledged Revenues and the income from investments in favor of
the Holders of the Bonds shall be no longer in effect. For pur-
poses of the preceding sentence, deposit of Federal Securities or
bank certificates of deposit fully secured as to principal and
interest by Federal Securities (or deposit of any other securities
or investments which may be authorized by law from time to time
and sufficient under such law to effect such a defeasance) in
irrevocable trust with a banking institution or trust company, for
the sole benefit of the Holders of such Bonds, in an amount such
that the principal of and interest on such securities or certi.fi-
-30-
M
_I
cates will be sufficient to pay when due the principal, interest,
and redemption premiums, if any, on the outstanding bonds, shall
be considered "provision for payment". Nothing herein shall be
deemed to require the County to call any of the outstanding bonds
for redemption prior to maturity pursuant to any applicable
optional redemption provisions, or to impair the discretion of the
County in determining whether to exercise any such option for
early redemption.
SECTION 21. SALE OF BONDS. The Bonds shall be sold and
issued in such manner and at such price or prices consistent with
the provisions of the Act and this Resolution as shall be deter-
mined by subsequent resolution of the County adopted prior to
such sale and issuance, respectively.
SECTION 22. VALIDATION AUTHORIZED. The Attorney for
the County be, and he is, hereby authorized and directed to
institute proceedings in the Circuit Court for Indian River
County, Florida, for the validation of said Bonds, and the proper
officers of the County are hereby authorized to verify on behalf
of the County any pleadings in such proceedings.
SECTION 23. MODIFICATION OR AMENDMENT. No adverse
material modification or amendment of this Resolution or of any
resolution amendatory hereof or supplemental hereto, may be made
without the consent in writing of the Registered Owners of sixty-
six and two-thirds per centum (66 2/3%) or more in principal
amount of the Bonds then outstanding; provided, however, that no
modification or amendment shall permit a change in the maturity of
such Bonds or a reduction in the rate of interest thereon or in
the amount of the principal obligation thereof or affecting the
unconditional promise of the County to collect the Pledged Revenues
as herein provided, or to pay the principal of and interest on
the Bonds as the same shall become due,from such Pledged Revenues
and the income from investments, or reduce such percentage of
Registered Owners of such Bonds, required above, for such modifi-
cations or amendments, without the consent of the Registered
-31-.
Y 23 1984 BOOK ,57 PAGE 2?4
MAY 2 3 1984 Bom 57 cPAGE 225
Owners of all of such Bonds; provided further, however, that no
modification or amendment of this Resolution or of any resolution
amendatory hereof or supplemental hereto may be made which shall
allow or permit any acceleration of the payment of principal of or
interest on the Bonds upon any default in the payment thereof,
whether or not the Registered Owners of the Bonds consent thereto.
SECTION 24. SEVERABILITY. If any one or more of the
covenants, agreements or provisions of this Resolution shall be
held contrary to any express provision of law or contrary to the
Policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held
invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining
covenants, agreements or provisions, and in no way affect the
validity of all the other provisions of this Resolution or of the
Bonds issued thereunder.
SECTION 25. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing'resolution was offered by Commissioner
Lyons who moved its adaption. 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 Absent
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd
Attest:
FREDA WRIGHT
Clerk
APPROVED AS
AND LEGAL F
By
BRAND
ou,y Attorn
S
day of May , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By G
DON C. SCII CR, JR.
Ch a i rm an
RESOLUTION GUARANTEEING SALARY TO CLERK OF COURT
Attorney Brandenburg explained that the Clerk of the
Court has the option to be a budget officer or a fee
officer, and she has elected to be a budget officer, which
means she turns over all the fees she collects, then submits
a budget, and the County approves it and submits money on a
monthly basis. This has been the way the Clerk's Office has
been operating for quite some time.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) adopted Resolution 84-37 guaranteeing
and appropriating a salary to the Clerk of
Circuit Court.
MAY 2 3 194
71 BOOK 57 FACE 2126
MAY 2 3 1994
C
BOOK 57
FAG 2?7
RESOLUTION NO. 84-37
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY GUARANTEEING AND APPROPRIATING A
SALARY TO THE CLERK OF CIRCUIT COURT OF INDIAN RIVER
COUNTY PURSUANT TO FLORIDA STATUTES SECTION 145.22
WHEREAS Florida Statutes Section 145.022 provides that
the Board of County Commissioners, with the concurrence of the
Clerk of Circuit Court may by Resolution guarantee and
appropriate a salary to the Clerk of the Circuit Court in an
amount specified by Florida Law, if all fees collected by the
Clerk are turned over to the Board of County Commissioners, and
WHEREAS, Freda Wright, Clerk of the Circuit Court of
Indian River. County has indicated her desire to continue as a
Budget Officer and turn over all fees collected by her office
without exception, to the Board of County Commissioners, and
WHEREAS, the Board will review and act upon the Clerk
of the Circuit Court's budget as provided by law establishing all
reasonable and necessary expenses to be incurred by the Clerk in
the operation of offices under her jurisdiction, including the
Clerk's salary as provided in Florida Statutes Section 145.022,
and
WHEREAS, the Board shall distribute to the Clerk
approved budget funds in such.monthly installments as shall be
mutually satisfactory to the parties, and
WHEREAS, the Clerk agrees to supply any and all
information requested by the Board in the form requested by the
County including all budgetary information and periodic reports as
may be necessary or required.
NOW THEREFORE BE IT RESOLVED by the Board of
County Commissioners and the Clerk of the Circuit Court of Indian
River County, that
1. All prior Resolutions between the Clerk of the
Circuit Court and the Board of County Commissioners of Indian
River County involving Florida Statutes Chapter 145 are hereby
superseded by this Resolution.
72
� � r
2. The Clerk will prepare and submit to the Board a
budget for the operations of the office of the Clerk of the
Circuit Court and as Ex officio Clerk to the Board of County
Commissioners for the fiscal year of Fy 1984-85.
3. The Board hereby guarantees and appropriates a
salary to the Clerk in an amount now specified by Florida law and
set forth in the Clerk's budget for FY 1983-84 and to be set forth
in the Clerk's budget in Fy 1984-85.
4. The Clerk shall turn over to the Board of County
Commissioners, without exception, all fees collected by her office
for fiscal year 1984-1985.
5. The Board shall pay to the Clerk all reasonable and
necessary expenses approved in the Clerk's budget for the
respective year to be incurred in the performance of duties of
that office.
6. The Board will pay the funds to the Clerk in monthly
installments.
7. The Clerk shall perform all the duties of the office
of the Clerk of the Circuit Court of Indian River County, Florida
prescribed by the Constitution and Laws of the State of Florida
including but not limited to the duties of the Clerk of the
Court, the Clerk of the Board'of County Commissioners, Auditor,
Recorder and Custodian of all County funds. In the performance of
these duties, the Clerk shall furnish to the Board of County
Commissioners all information requested by the Board.
8. The Clerk shall keep two separate sets of books of
accounts, one for the functions of the Board and another for the
other functions of the office of the Clerk.
9. This Resolution shall continue in effect from fiscal
year to fiscal year unless terminated by either party by
submitting written notice of such termination to the other party
sixty (60) days prior to the end of any given fiscal year.
1984.
This Resolution shall become effective as of May 23 ,
73
MAY 2 3 1984 BOOK 57 PAGED
MAY 2 3 1984
BOOK 57 mu 929
The foregoing resolution was offered by Commissioner
Lyons
who moved
its adoption. The motion
was seconded
by Commissioner
Wodtke
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
Absent
Commissioner
William C.
Wodtke, Jr.
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd day of May , 1984.
t \
Attest: n
FREDA WRIGHT J
Clerk
APPROVED
AND LEGW
By
�.• ++a�a7t�L Ll\
y Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
_ X
DON C. SC LOCK,
Chairman
AMENDED CONSENT - DIXIE GARDENS/IXORA
The County Attorney reported that the County has run by
on the timeframe of the DER consent order and so an amended
consent order is needed.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) approved the Amended Consent Order with
the DER (OGC-82-0267) re Treasure Coast and
Ixora Utilities.
(Said Consent Order is hereby made a part of the
Official Record)
74
I
-
'teEl
_ DIS_TRkBU� 1ST
Commissione s -
Administrator
Attorney
Personnel
BEFORE THE STATE OF FLORIDA �PP�'t'iublic Works
DEPARTMENT OF ENVIRONMENTAL REGULATIvUAmt unity Dev.
Finance '
Other's
STATE OF FLORIDA DEPARTMENT IN THE OFFICE OF THE
OF ENVIRONMENTAL REGULATION, ST. JOHNS RIVER DISTRICT
Complainant,
VS.
INDIAN RIVER COUNTY,
a Political Subdivision of the
State of Florida,
Respondent.
CERTIFIED MAIL: 7236045
OGC Case No. 82-0267
AMENDED CONSENT ORDER
This Consent Order is made and entered into between the State of
Florida Department of Environmental Regulation ("Department") and
Indian River County, Florida, ("Respondent"), and amends certain time
schedules established in Consent Order OGC'82-0267, which took effect
on July 27, 1982.
The Department finds and Respondent admits the following:
1. Respondent purchased from Treasure Coast Utilities, Inc. a
Florida Corporation, a sewage treatment plant and a community public
water system located at or near an area known as Whispering Palms,
also known as Dixie Gardens Subdivision, Indian River County, Florida.
Also, Respondent purchased from Ixora Utilities similar systems,
located at 180 Emerson Avenue, Vero Beach, Florida (Latitude:
26°36'05" and Longitude: 80°24148").
2. These systems were the subject of litigation with the State
of Florida, Department of Environmental Regulation, and were concluded
to be in violation of Chapter 403, Florida Statutes, and the rules
promulgated thereunder, with regards to the adequate treatment of
water and the treatment and disposal of domestic wastewater.
MAY 2 3 1984 BOOK '57 PAGE 2,630
J
MAY 2 3 1994 Boa 5 PAGE 23
3. On July 27, 1982,-a Consent Order (OGC 82-0267), relating to
Treasure Coast Utilities (Dixie Gardens) water and wastewater treat-
ment systems, became effective between the Department and the
Respondent. It was agreed, and ordered, that the Respondent perform
certain activities of Code compliance and systems improvement
(directed toward the ultimate.removal of these systems from service)
within a specific time schedule. Further, it was agreed that, in
consideration of Respondent's timely performance of these corrective `
activities, as set forth in a detailed compliance schedule, the
Department would refrain from initiating enforcement proceedings
against Respondent.
4. Such corrective actions required, among other things, that:
A. Upon the effective date of the Consent Order, Respondent
shall adopt in toto and implement the "Proposed Implementation
Schedule to Acquire and Improve Treasure Coast Utilities and Ixora
Utilities", dated March 3, 1982, attached to the Consent Order as
Exhibit "C" and to this Amended Consent Order as Exhibit "1", as it
applies to Treasure Coast Utilities.
B. Respondent shall comply with the scheduled actions enumerated
in Exhibit "C" within the timeframes cited therein.
C. Within 120 days of the effective date of the Consent Order,
Respondent shall submit completed applications to the department for
the proposed water and sewage system improvements for appropriate
permits. Respondent understands that the proposed improvements may
not be undertaken until Respondent is in receipt of an appropriate and
currently valid permit for the work desired.
D. Within five (5) days of the effective date the Consent Order,
Respondent shall implement a monitoring program for the sewage
treatment facility in accordance with Florida Administrative Code
Chapter 17-19.
-2-
E. Within five (5) days of the effective date of this Consent
Order, Respondent shall implement a bacteriological monitoring program
for the water treatment facility in accordance with Florida
Administrative Code Rule 17-22.105(1)(d) and shall take applicable
corrective measures if a violation of the latter is found.
F. Beginning with the effective date of the Consent Order,
Respondent shall institute effective disinfection measures at the
water treatment facility so as to maintain a minimum continuous free
chlorine residual of 0.2 mg/l throughout the distribution system at
all times.
G. Respondent shall maintain the drinking water supply well,
distribution system and water treatment facility in good working order
to protect the health and well-being of the consumers served by the
system until the system is phased out of service.
H. Respondent shall maintain the sewage collection/transmission
system and sewage treatment facility in a manner to prevent the
disruption of service to the users and to minimize the creation of
nuisance conditions in the environment as a result of the facility's
operation until the system is phased out of service.
I. Beginning with the effective date of this Consent Order,
Respondent shall submit completed monthly operating reports for the
water treatment and sewage treatment facilities to the Department
within 15 days following the month of operation. These reports shall
be submitted to the Department on a regular basis until the facilities
have been phased out.
5. The Treasure Coast Utilities and Ixora Utilities sewage
treatment facilities have not been removed from service according to
the implementation schedule agreed upon in the Consent Order Exhibit
"C" (Exhibit "1" of this Consent Order).
-3-
MAY 2 3 1984 500K 57 PAGE 2:32
MAY � 3.1984. BOOK 57 PAGE 231'
Having reached a resolution of the matter, pursuant to Florida
Administrative Code, Rule 17-1.58. Respondent and the Department
mutually agreed, and it is
ORDERED:
6. Treasure Coast Utilities and Ixora Utilities sewage treatment
facilities shall be removed from service according to the Time
Schedule for the Implementation of Wastewater Improvements to Treasure
Coast and Ixora Utilities, as proposed by the Respondent in Exhibit 2.
7. Within fifteen days following the effective date of this
Consent Order, the Respondent shall submit to the Department permit
applications appropriate to the activities in Exhibit 2 which
ultimately shall effect the removal from service of the above
referenced treatment units.
8. The projects for the removal from service of Treasure Coast
Utilities (Dixie Gardens) and Ixora Utilities wastewater treatment
units, including the construction of systems improvements, shall be
completed no later than April 30, 1985.
9. Respondent shall allow authorized representatives of the
Department access to the property at reasonable times for purposes of
determining compliance with this order and the rules and regulations
of the Department.
10. The Department hereby expressly reserves the right to
initiate appropriate legal action to prevent or prohibit the future
violation of applicable statutes, or the rules promulgated
thereunder.
11. The Department, for and in consideration of the complete and
timely performance by Respondent of the obligations agreed to in this
Consent Order, hereby waives its right to seek judicial imposition of
damages, or civil or criminal penalties for alleged violations outline
in this Consent Order. Respondent waives its right to a hearing or
judicial review of the terms of this Order.
-4-
r.
.,.: 3a- -.-y�'..i'4'a'1+�+eai�'�++��.�A73.q�`'��;3,.y. zhZL3e;3s..�3;-: .t��,t-"°..."}mt���� �+�-`- ar "' si_"_.. --"w•.�aii�s-.: "'"v..-_,_... ,,._._.._....,.
• 12. Entry of this Consent Order does not relieve Respondent of
the need to comply with applicable federal, state, or local laws,
regulations, or ordinances. The entry of this Consent Order does not
abrogate the rights of substantially affected persons who are not
parties to this Order, pursuant to Chapter 120, Florida Statutes.
13. The terms and conditions set forth in the Consent Order may
be enforced in a court of competent jurisdiction pursuant to Sections
120.69 and 403.121, Florida Statutes. Failure to comply with terms of
this Consent Order shall consitute a violation of Section
403.161(1)(b), Florida Statutes.
14. Respondent is fully aware a violation of the terms of this
Consent Order may subject Respondent to judicial imposition of
damages, civil penalties of up to $10,000 per offense, and criminal
penalties.
15. This Consent Order shall take effect upon the date of filing
and acknowledgement by the Clerk of the Department and shall
constitute final agency action by the Department pursuant to Section
120.69, Florida Statutes and Florida Administrative Code Rule
17-1.58(3).
16. Respondent shall publish, at its expense within 10 days of
the effective date of this Consent Order, in the legal ad section.of a
newspaper of general circulation in Indian River County, and shall
provide proof of publication to the Department within seven days of
publication, the following notice:
"Notice of Agency Action"
The Department of Environmental Regulation gives
notice of Agency Action of entering into a Consent Order
with Indian River County pursuant to Florida Administrative
Code Rule 17-1.58. The Consent Order address activities
directed toward the removal of the Dixie Gardens and Ixora
Utilities sewage treatment plants from service within a
specific time schedule.
The Consent Order is available for public inspection
during normal business hours, 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except legal holidays, at the
Department of Environmental Regulation, 3319 Maguire
Boulevard, Suite 232, Orlando, Florida 32803.
-5-
MAY 2 3 1984, BOOK 57 PAGE 234
MAY 2 3 iii
BOOK 57 PACE x_35
A person whose substantial interests are affected
by the Consent Order may petition for an administrative
proceeding in accordance with Section 120.57, Florida
Statutes, and Florida Administrative Code Chapters 17-1
and 28-5. The petition must be in substantial conformance
with Florida Administrative Code Rule 28-5.201 and must be
filed (received) in the Office of General Counsel of the
Department of Environmental Regulation at 2600 Blair Stone
Road, Tallahassee, Florida 32301, within fourteen (14)
days of publication of this notice. Failure to file a
request for hearing within the time period shall constitute
a waiver of any right such person may have to request an
administrat'i„�eding under Section 120.57, Florida
Statutes. Approved } r
and ley. �,�ffjFOR THE RESPONDENT:
ar 2p�1, Srandenburg
May 23, 1984 0 my Attorney
DATE D.C. SCURLOC , JR., IRMAN
Board of County Commissioners
1840 - 25th Street
/ Vero Beach, Florida 32960
DONE AND ORDERED this ` day of , 1984,
in Orlando, Florida.
FILING AND ACKNOWLEMEMENT
FILED, on this date, pursuant to 5120.52 (9),
Florida Statutes, with the designated Depart-
ment Clerk, receipt of which is hereby acknow-
ledged.
Clerk Date
W -M
j1. ALL" Aa'a1.V LL' ice, r . L'
District Manager
State of Florida Department
of Environmental Regulation
3319 Maguire Boulevard
Suite 232
Orlando, Florida 32803
Telephone: 305/894-7555
WA
_ .� _
-=->�-��"�':� �;�„�
:- i-�e��-�:,:� :,.:.•::-sem � . ... -- �=�`a�ir;.t��<_-: � -�� �_ .:
_ • _._-.. _ ��_ �T-.::.z _.. �.:�<...:_
t
EXHIBIT
PROPOSED IMPLEMIENTATION SCHEDULE
TO ACCUIRr i' N'D £MPRQ`%l ,
A. .f':(ifal`U'L'�^f
Tv•1T-1Tm BOOK 57 PAGE 36
MAY 2 3 1984 1
EXHIBIT
PROPOSED IMPLEMIENTATION SCHEDULE
TO ACCUIRr i' N'D £MPRQ`%l ,
A. .f':(ifal`U'L'�^f
March 3, 19.82
TASK PROOECITED DAmE
- I.
County to Receive Assurance of Fundin:.
from Farmers dome Administration � �.�a,-cha 190�7
2.
Countv to Acquire Treasure Coast and Ixora
Utilities 1 1982
3.
County to Authorize Design of Required
Improvements April 19812
4.
County to -Advertise for Receipt of Bids for
Required Improvements August 1982
5.
County to Receive Bids and Award Contracts for
Required Improve*rents - October 1082
6.
Completion and Certification of Construction. of
Required Improvements October 119"3
Tv•1T-1Tm BOOK 57 PAGE 36
MAY 2 3 1984 1
r
TUME SCIIEDU E FOR THE $ :iI Ii;3I f 1\10.
_... IMPLEMEN`T'ATION �
OF WASTEWATER iMPROVLI•ILUTS
__ L'ASURF'. COAST AND IXORl1 Il`PIf.ITIL:S
�. _ TO TR _
r
....- . _....... - :.... ? AWARD CON'1TRP.CT `
1984 1985
/.s
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J N. i LD. t•l�R. 11PIt. t•1. Y J N. JU[,: RUG. SEP. Ot:T. NOV. DSC. J. N. >•'l{'13. 4!. II.
OF
�COII'I'PACT CCC RNEUYS _
tit:rt'vs
NWIT?R'I'iSE FOR 13 IDS
• it1:Ci:[VL' II IDS "
G� I 5:►P•RI RUP +v PA"C1;f,
M11) ASSCCTA ES , L UC.
— ... ! JAllilAltY, 1904
SAVE OUR COAST PROGRAM
Attorney Brandenburg reviewed the following memo:
TO. The Board of County DATE: May 15, 1984 FILE: r
Commissioners
SUBJECT: SAVE OUR COAST PROGRAM
FROM: Gary M. Brandenburg, REFERENCES:
County Attorney
As the Board of County Commissioners is aware, throughout the last
several months with the diligent efforts of Commissioner Dick Bird, the
Indian River County's North Beach Complex has achieved a very high
ranking on the list of potential purchases under the State of Florida
"Save Our Coast Program." The State Administration has now provided the
funding, sent out requests for proposals for appraisals and have
received same for the Project. By the time this memorandum is
considered by the Board it is possible that the State will have awarded
the contracts for appraising the North Beach Complex parcels. During
the last several months Commissioner Bird and I have been observing and
urging the administrative process through the State and we have come to
the conclusion that it is necessary to have a County representative on
top of the situation at all times interacting with those people who need
to take each single step along the way. It has also come to our
attention that the projects which are successful are those that have
such staff members available to consistently and diligently urge our
projects through the process. It is not practical and many times it is
very awkward to try to accomplish this from Vero Beach by long distance
telephone. Furthermore, it is too costly for County representatives to
travel to Tallahassee to meet with different representatives in each
stage that a project must go through.
It is our recommendation that the County retain representatives
stationed in Tallahassee to be used on an as -needed basis during the
final stages of this effort. The County has worked with this program
for a long period of time and has devoted a lot of County resources and
man hours which should not be jeopardized by the lack of representation
in Tallahassee during the last and most critical stages of obtaining
funding for our North Beach Complex. I have contacted Betty Steffins
and Bob Nabors who are attorneys with offices in Titusville, Melbourne
and Tallahassee who have indicated their willingness to serve in this
capacity for our County at the following hourly rates:
1. Betty Steffins: $100.00 per hour
2. Bob Nabors: $125.00 per hour
I have also contacted Casy and David Gluckman who are consultants in
Tallahassee and formerly a Division Director of the Department of
Natural Resources who have also indicated their willingness to provide
these services for the County at the hourly rate of $80.00 per hour. I
would recommend that the Board of County Commissioners establish a
budget for this project and authorize this office to utilize the
services of these individuals on an as -needed basis. There will be
those instances in which an attorney would better serve our purposes and
those instances in which the Gluckmans can better serve our needs. I
would request that the Commission authorize this office to make that
determination on a case by case basis when their services are needed.
75
MAY 2 3 1984 BOOK 57FacE2:38
MAY 2 3 1994 BOOK '57 PAGE 239
Attorney Brandenburg emphasized the need to have
someone who literally goes from desk to desk with the re-
quired documents so that our process does not become bogged
down along the way and we can be ready and have all the
steps completed at the time the funds becomes available.
He noted that being in line may end up bringing us several
million dollars of beachfront, and he felt if we don't
retain these people at this point and the other counties do,
then at the last minute we will be scrambling around to find
someone.
Chairman Scurlock agreed that Commissioner Bird has
done an excellent job in getting us ranked so high under the
Save Our Coast Program, but he had a problem with hiring
lobbyists when we have a State Senator and a Representative
who should be handling this for us.
Commissioner Bird stated that his feelings are
basically the same, but the Attorney has convinced him we
might be a bit naive, just because we have played the game
by the rules, to think that we might win.
Attorney Brandenburg emphasized that it actually is a
very political process as to who gets funded. What occurs
is that the individuals who are there lobbying devise
roadblocks that are difficult for others who might not even
know they are there; we need to keep tabs on every step
because the others who are moving ahead are trying to knock
us out and better their chances.
Chairman Scurlock asked if the people recommended in
the memo are already representing anyone else, and Attorney
Brandenburg assured him that he had asked that question.
Commissioner Lyons felt we are so close to our goal
that we should buy all the insurance we can.
Chairman Scurlock understood that, but felt he had to
make a statement because this process irks him.
UIZ
Administrator Wright noted that some counties have full
time lobbyists, and Attorney Brandenburg confirmed that Palm
Beach County hires two law firms as full time lobbyists for
each session. This is what we are up against.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, Chairman Scurlock voting
in opposition, the Board by a 3 to 1 vote
accepted the Attorney's recommendation in re-
gard to retaining representatives in Tallahassee
and established a budget not to exceed $5,000.
Commissioner Wodtke stated that he would have liked to
vote for the representation but not the amount of the
budget, and some discussion ensued as to reconsidering the
Motion.
Attorney Brandenburg suggested that he just not approve
any budget beyond $2,500 until he came back to the Commis-
sion for approval, and the Board agreed.
DISCUSSION RE POLICY FOR WATER/SEWER CONNECTION IN VISTA
ROYALE AREA
Commissioner Lyons stated that he would like to know
exactly what our policy is so that if someone asks and wants
to start a business in the Vista Royale area and needs water
and sewer, he can give them a definitive answer.
Utilities Director Pinto reported that our policy for
water and wastewater connections throughout the County is
that where there is capacity available and where the
connection can be made, it is av4i Table for anyone. Water
is available to the north of Oslo Road on both sides of
U.S.I; it is just a matter of going through the proper
procedures. Wastewater in this area is a different story.
That entire area is involved in the allocation with the City
77
MAY 2 3 1994 BOOK 7 MAN
� I
MAY 2 3 1984 Bou 57 PACE 24
and the Vista treatment plant. We are bound presently by
contracts with Vista Properties as to any connections into
the Vista facilities, and also there is the question of
capacity. Ther are two plants -Vista Gardens to the north
and the Vista Royale plant to the south, and supposedly
between the two plants, there is 100,000 gallons in excess
capacity. Mr. Pinto doubted this because these plants have
to reserve capacity for the building out of Vista Properties
both residential and commercial. We can expand the facility
however, and we presently have a consulting engineer doing a
wastewater master plan. As other people come along and want
to build treatment plants, Mr. Pinto believed it would be to
our best interests to connect them into an existing plant.
If there is not enough capacity, and we can make modifica-
tions at their expense without jeopardizing the plant, he
felt we should do so. He felt we could do this with the
Vista Gardens plant, but believed we would have to negotiate
with Vista Royale. Mr. Pinto reiterated that our policy is
if we can get the capacity., we should allow connection.
Chairman Scurlock's-main concern was how to set a
policy to treat everyone equitably and fairly. He further
noted that we told the Vista people we had no immediate
plans to bring any other effluent into their plant, and
Administrator Wright emphasized that was a true statement at
the time.
Utilities Director Pinto explained that statement came
about when we were talking about connecting Treasure Coast
and Ixora into either one of the plants. There was not
enough capacity to connect both, and because we would have
been taking customers from an existing system into an
existing plant, there would have been no impact fees to
generate the funds needed for the modifications that would
have to be made.
78
Chairman Scurlock noted that another problem is that
easements may be needed from Vista, and Mr. Pinto believed
there is no question about that. He felt our position
however, is that if some private entity wants to connect,
they have to be in a position to pay all the costs to do so -
and to jump all the hurdles to get to that point, and if
they can do this, Mr. Pinto stated that he would much rather
see that happen than build another plant.
Chairman Scurlock felt there is no question that in the
long haul what we are going to look at is another plant in
the South County and an eventual phasing out of the Vista
plant.
Mr. Pinto agreed, and stated his concern is that it
will be easier to phase out two plants than ten plants.
Question arose about sewer service for the commercial
property that Vista retained in front of Vista Royale, and
Mr. Pinto stated that everything Vista owns is supposedly to
be served by that system.
Discussion ensued regarding the plants' capacity, and
Attorney Brandenburg reported that Vista guaranteed us
100,000 gallons of capacity out of the combination of the
Vista Royale and the Vista Gardens facilities. However,
there is a clause in the agreement which indicated that in
the event Vista did not build out to its maximum expansion,
that it would not be responsible for the failure of the
system to provide that guaranteed amount.
Discussion continued at length re the property on which
Mr. Lyon wishes to build a restaurant, among other things,
and Chairman Scurlock felt there are many parallel
situations in the county - for instance, the proposed
restaurant on the Moon property on SR 60 where we are moving
ahead with a subregional system in cooperation with various
developers. He felt if Mr. Lyon had assurance through our
master plan that we are, in fact, going to be able to
MAY 2 3 1984 79 BOOK 517 PACE 242
MAY 2 3 194
BOOK 57 PAGE 243
accommodate additional flow, that he might be able to work
something out with the Health Department on a temporary
basis.
Administrator Wright felt the best shot for Mr. Lyon
would be the City of Vero Beach or Vista as he doubted we
would be building a plant in the south county in a timely
manner.
Director Pinto pointed out that we know we are going to
have to move ahead to resolve the wastewater problems in the
county; so, if we can make any modifications to a plant to
eliminate a new plant from being built, he felt we must look
at that. He continued that if any connection is allowed to
either plant, it has to be looked at not only as an
improvement to add capacity, but as an improvement to
existing conditions so that it is not detrimental to anyone
living there. Mr. Pinto agreed a developer can go ahead and
build a plant, but the disadvantages of this are not only
the effect on their total site plan in regard to placement
of buildings and restriction of ground area, but the
possibility that in two years or so, the County may come
along and say now you must connect to the county system.
The only other option is no further development until the
county can supply the service. Mr. Pinto went on to discuss
the geography of the area from Kennedy Groves down to Oslo
Road, and felt it is very logical that these would go into
the Vista plants. He stated he would push for that if the
only alternative was for them to build their own plants.
Commissioner Lyons asked if Mr. Pinto is saying if Mr.
Lyon wishes to connect now, he should make a deal with Vista
Properties.
Mr. Pinto believed there has to be some engineering
done in cooperation with the County first to see whether the
facilities can be expanded. Mr. Lyon would have to tell us
how he expects to get into the system, and then we may have
to deal with Vista Properties to get easements to get into
the system, etc.
John Lyon, who wishes to develop commercially in this
area, came before the Board. He noted that his proposed
development and others in this area named by Mr. Pinto
probably would not even amount to 50,000 gpd. Mr. Lyon
referred to the promises made back and forth with the
transfer of the Vista system, and pointed out that at the
end it finally specified that before anyone hooks in, they
must have Vista's okay. He wondered where that leaves the
county, and felt it is only logical that the County somehow
must have a sewer line going down U.S.I. Mr. Lyon informed
the Board that he is having Carter & Associates do a study
of the capacity of the Vista plants.
Commissioner Bird suggested that we get all our infor-
mation together and then go to Vista Properties and see how
they react.
Director Pinto believed that is how we are proceeding.
Staff told Mr. Lyon that we did not have the money to look
into expanding those plants at this point, and if he were
interested, to come back with some study which would
indicate this can be done so we could sit down with Vista
and work something out.
Mr. Lyon stated that after he does get the study and
finds whether or not it is feasible, he did not feel it
should be incumbent on him to deal with Vista as he felt
this is a County problem and they should negotiate.
Administrator Wright agreed that the County would do
that, and Chairman Scurlock reiterated that we must find a
fair formula and have an equitable and consistent policy.
Director Pinto believed in this case we would have to
draw lines and state that only properties within a certain
vicinity can connect. We don't want lines running all over.
81
BooK 57 PAGE244
�
MAY 23 1984 ,
_I
MAY 2 3 1994
BOOK 5 `FAG€ 245
The Board continued to talk about building another
facility and planning for the future and agreed that we must
comply with the master plan.
DISCUSSION - RELATION OF SEBASTIAN R/W's TO THOROUGHFARE
PLAN
Chairman Scurlock noted that the Transportation
Planning Committee has worked hard to develop our Thorough-
fare Plan, and feels we must impress on the City of
Sebastian the importance of keeping certain rights-of-way
open for future implementation of our Thoroughfare Plan.
Commissioner Lyons confirmed that the Transportation
Planning Committee discussed the County Road 512 corridor;
they also discussed sale of the railroad right-of-way
parallel to 512. In addition, they discussed with the
Sebastian representative the importance of maintaining the
right-of-way for SR 512 because we look at that as being
another Highway 60 in the future. It was suggested there
might be a possibility we might want to hold a joint meeting
with the Sebastian City Council in this regard.
Commissioner Bird inquired what the threat to the road
is, and Commissioner Lyons explained that they are not
leaving enough clearance on where they are allowing
buildings to be erected and we are going to have to buy some
more right-of-way somewhere along the line.
Attorney Brandenburg clarified that the City of
Sebastian is not honoring our Thoroughfare Plan and are
allowing improvements to be built within the future
right-of-ways anticipated in our Thoroughfare Plan.
Apparently, their attorney has given them the opinion that
they cannot require a larger setback. Attorney Brandenburg
stated that he would like to request the Commission to allow
him to address a letter to the City Council of Sebastian
requesting them to honor our Thoroughfare Plan and also send
82
® � r
them a brief on the issue of whether they can, in fact,
require people to set back off of future thoroughfare plans.
Administrator Wright believed we need to look at the
railroad right-of-way up there also, which parallels SR 512
and which was just purchased by Roland Miller.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) authorized the County Attorney to write
a letter to the City of Sebastian as discussed,
re agreeing with our Thoroughfare Plan.
DISCUSSION RE POSITION ON BEACH RENOURISHMENT
Chairman Scurlock reported that State Representative
Bill Nelson is in a difficult position because some of the
local input he is receiving is indicating that there is
public opposition to beach renourishment and there is some
talk about a referendum. The Chairman stated that he
assured Representative Nelson that, in his personal opinion,
everything Representative Nelson has done has been based on
a Resolution from the Commission supporting keeping our
vehicle for beach renourishment open for funding. Mr.
Nelson stated his only object was to present the view of the
Commission and City Council and what he wanted was a central
decision by each of the bodies as to whether or not they
were going to require a referendum. If so, his position
would be to put the program in an abatement stage until that
referendum took place.
Commissioner Wodtke commented that this has come to be
an issue again of late. He emphasized that this has been a
19 year study and since he came on the Commission in 1974,
we have had public hearing upon public hearing on this
matter - we have had joint meetings with the City Council -
we have discussed the Sabecon reef and various alternatives
83 J
900K � �FAGS ��6
� MAY 2 � 19�� ;�1 �
MAY 2 3 1994 Boos 5 7 PAGE 24'
- the jack system, etc. We have had many opportunities for
the public to speak and be heard, and they will continue to
be heard.
Commissioner Wodtke wished there were some other
alternatives than sand pumping, but at this point believed
the only alternative is to do this or do nothing, and this,
at least, will put sand back into the overall system where
it will benefit everyone in the county. He then reported
that the Beach Restoration and Preservation Committee met
yesterday for three hours, and he believed within a month or
60 days they will be able to come back with good recommenda-
tions re funding. In regard to saying that he is not in
favor of going to referendum, he noted that we have spent
monies for bicycle paths - sidewalks - recreation, etc.,
without holding referendums. Commissioner Wodtke believed
this is an issue governmental bodies need to look at.
However, even though he realized Representative Nelson
is in a very difficult position and has been told that he is
representing the elected officials, but not necessarily the
people, he felt the Board would be criticized for voting on
the issue of a referendum today without having had it
published on the agenda.
Commissioner Lyons noted that the statement that keeps
coming to his mind is what happens if they do nothing. He
believed it will never end up that they do nothing. If the
beach is not renourished, there undoubtedly will be sea
walls put up for the protection of property, which would
simply accelerate the problem of the remaining beach, and we
very shortly would have no beach in the middle of Vero
Beach. There cannot be nothing done.
Commissioner Wodtke believed the City Council right now
is considering putting a sea wall in the area of Sexton
Plaza. He reiterated that the Committee he is sitting on
84
� � r
can very easily come up with some recommendations, possibly
within 30 days.
Commissioner Bird stated that he would encourage the
committee to come up with a proposed formula as soon as
possible and get on with airing this out as much as we can
and then we can reach a decision.
Chairman Scurlock felt that we need some reaction from
the public as to how to approach this on a long haul over
the length of a 34 million dollar project.
Commissioner Wodtke emphasized that making a decision
that you are going to do the initial project, does not say
you are automatically going to do the restoration over a
period of all those years. All the engineers concur that
the only way to get the sand back on the beach is to pump it
there. However, there is a difference of opinion about what
we do to keep it there. Commissioner Wodtke pointed out
that at Wabasso Beach, we have put in dune crossovers,
planted seagrass on dunes, etc., and we need to get a good
vegetation program going. He emphasized that one good thing
about the program is that once you get started and have a
renourishment, then the next renourishment comes back in the
same funding formula (federal 500 - state 360 - local 140).
Chairman Scurlock felt we need to bring this to a head
as quickly as possible. We need something definite to take
out to the public.
Everyone agreed.
REPORT - TRANSPORTATION PLANNING COMMITTEE MEETING
Commissioner Lyons presented the following summary of
actions of the Transportation Planning Committee at their
meeting of May 8th, noting that the Committee came up with a
complicated formula re determining what street lights the
county will be responsible for:
MAY 2 3 1994
L-
85
BOOK 57 PAGE 248
Fr'_
MAY 2 31984 BOOK 5- PAGE 249
SUMMARY OF ACTIONS
TRANSPORTATION PLANNING COMMITTEE
May 8, 1984
1. Intersection Study - 8th Street at 20th Avenue:
Committee accepted staff recommendation to improve sight -
distance and maintain existing control s. Directed staff
to survey the intersection and report back in 60 days.
2. Road Lighting:
Committee accepted staff recommendations to install street
lights at (1) 58th Avenue at Lundburg Road, (2) 3rd St. SW
at 6th Dr. SW, and(3) the south US 1 corridor between lst
Street and 17th Street. The FDOT will be requested to
investigate lighting along the US 1 corridor. The other
two locations will be submitted in a memorandum at a later
date after.evaluation of existing lights in the three street
lighting districts.
3. County Road 512 Corridor:
Committee discussed the status of the sale of railroad right-
of-way parallel to CR 512. Staff was directed to provide
committee members a survey map of the roadway showing the
railroad.
4. Indian River Boulevard - South Extension:
Committee directed the Planning Department to investigate
methods to protect the traffic -handling ability of the new
roadway.
COUNTYWIDE RECREATION FEASIBILITY STUDY COMMITTEE REPORT
Commissioner Bird reported that he took the above
committee on a tour of the various County recreation
facilities. This committee has elected a new chairman,
Kenneth Baer, and he wants to expand the committee. They
are in the process of developing quite a few maps in
cooperation with the School Board re future population
centers and recreation centers that exist. They will be
meeting every two weeks.
ALLOCATION OF BEACH RENOURISHMENT COSTS
Commissioner Lyons believed his memo, which is as
follows, has been covered under other items:
S
0
r
TO: Board of County DATE: May 14, 1984
Commissioners
FILE:
SUBJECT: Allocation of Beach
Renourishment Costs
Patrick B. Lyons,
FROM: vice Chairman REFERENCES:
Unless we get a reasonable formula for the allocation of costs
between the residents of the City of Vero Beach and the remaining
residents in the county for the cost of beach renourishment, we
will probably not get to the point of giving the public an
opportunity to make up its mind as to whether or not it wants
beach renourishment. I have heard numerous comments as to how
the costs should be allocated. However, I do not believe a
detailed benefit study has been made, and I do not believe a
thorough investigation of the contribution of various taxpayers
to the procurement and maintenance of beaches has been made.
Beaches are an important part of our economy and are also a part
of our heritage in this county. County beaches are not
independent of funding by the residents of the City of Vero Beach
and visa versa. Beaches are used without regard to place of
residence. The budgets for recreation involve the beaches. I
realize that there will be some independent gain by some of the
property owners on the beach as a result of renourishment.
However, the public also benefits.
I would like to see either the Beach Restoration Committee or a
separate committee give this matter of cost allocation its
immediate attention so that we may solve this problem in a way
that will make sense to most of the people prior to the time we
are faced with the problem of voting for funding.
REPORT ON MEETING OF BEACH RESTORATION AND PRESERVATION
COMMITTEE
The Board again discussed the need to give Congressman
Nelson an answer on the referendum issue re beach renourish-
ment as quickly as possible, and Chairman Scurlock reported
that he had told the Congressman that he would put this
matter on the agenda and also forward it to the City Council
for their reaction.
Commissioner Bird asked if the 30 day timetable of
Commissioner Wodtke's committee would throw this out of
whack for the Congressman, and Chairman Scurlock noted that
Congressman Nelson gave him the impression that he would
87-7 BOOK 5FAGS .
MAY 23 194 J
r
MAY 2 3 1994 BOOK 51 FxE251
like to have had an answer today. He realized he could not
ask the Board for their decision today, and the City Council
does not meet again until June 5th.
In further discussion, it was noted that the County
Commission will not meet again until June 6th and hoped that
some answer can be arrived at by that time.
Commissioner Wodtke noted that the Congressman has been
led to believe that the City and County position has not
been one of support and that the citizens are going to vote,
but the Congressman said that every indication that he has
had from the Commission and the City is that they wish to
proceed on with the project although he did understand that
the funding method is in question.
Chairman Scurlock believed that the two questions are
whether we want beach renourishment at all or whether the
only referendum that will take place is in regard to the
funding.
Commissioner Wodtke emphasized that Congressman Nelson
does not want to encourage.the continued funding if we do
not know whether we are going to do the project.
Chairman Scurlock felt we are caught in the middle - we
need to know the funding formula. If the funding was that
everything west of I-95 will pay for it, he would not be for
it.
Discussion continued in regard to keeping the project
moving, and Commissioner Lyons believed a uniform millage
may be the answer.
Chairman Scurlock noted that the beaches in question
are all within the City, so why not let the City be the
sponsoring agency and we can step back.
Commissioner Lyons commented that he had always thought
we had to be the sponsoring agency, and now it appears we
don't.
ME
Administrator Wright pointed out that we may need the
City's support for the next renourishment which could well
be in the County area, and he felt this would be passing the
buck.
Commissioner Wodtke stressed that the added sand on the
beach will be a benefit not only for the abutting property
owners but will benefit all as it puts the sand back into
the overall system which moves back and forth along the
coast. He felt it is the responsibility of everyone in the
county to protect these beaches. He then discussed various
approaches to funding, including special districts, MSTUs,
etc., and stated that he had a problem as a County Commis-
sioner telling the City how they should tax people in the
City for a special benefit.
Administrator Wright stated that he did not want this
to be a City/County issue; we all use the beaches.
Chairman Scurlock pointed out that the construction in
the County has taken place outside the coastal construction
setback line.
Administrator Wright continued to emphasize that he
believed the County should continue with this project, and
Commissioner Bird commented that if the City should say they
want to take over, he certainly would let them.
Attorney Brandenburg noted that one alternative brought
up at the meeting was to levy a very low General Fund
county -wide tax, that represents the benefit for everyone,
and the County could set up a MSTU outside of those west of
I-95 for a low tax - the City then would supply the
remainder of funding by a low general tax and if they felt
it was necessary, some sort of front footage assessment.
Chairman Scurlock brought up the question that if, in
fact, it is the position of the City Council that they are
going to have a referendum, and it takes place and it is
ANG
L MAY 23 1984
BOOK 57 PAGE 252
MAY 2 3 1994 BOOK 57 PAGE 253
entirely within the City and it comes up NO - what position
does that put us in?
OMB Director Barton, former City Councilman, believed
the City Council always has felt it was necessary to
renourish the beaches, and they never discussed a
referendum.
APPOINTMENT TO MENTAL HEALTH DISTRICT IX
Administrator Wright recommended that, on an interim
basis, until we find out what the Legislature is going to
do, OMB Director Barton serve as the County representative
on the Mental Health Board. He noted that the Mental Health
District is meeting tonight and he felt we need some
representation.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) appointed Jeffrey Barton to serve as the
County representative to the Mental Health
District IX Board on an interim basis.
DOCUMENT TO BE MADE A PART OF THE RECORD
A. Work Authorization No. 001 for Engineering Services
The first work authorization for engineering services
under the Master Plan for the Area -Wide Wastewater Program
is hereby made a part of the Minutes as approved at the
Regular Meeting of May 16, 1984.
INDIAN RIVER COUNTY
DATE: May 16, 1934
WORK AUTHORIZATION NO. 001 FOR ENGINEERING SERVICES
PROJECT NO. (County) 2130 -1 -SR (Carter/WH&S)
TITLE: Master Plan for Area Wide Wastewater Program
I. PROJECT DESCRIPTION
The Consultant is to develop the master plan taking into account and
utilizing the "Master Plan for an Area Wide Water and Sewerage Program"
developed by the Joint -Venture of Sverdrup and Parcel, and Beindorf and
Associates in April 1973. The 1973 master plan is to be evaluated and
updated or modified to address the presently existing needs.
The Consultant is to provide a report of his findings and present it to
the Board of County Commissioners for review. The report is to have
recommendations as to the extent of the master plans that would be- cost
effective to implement and would be in the best interest of the public
at this •time. The study areas for this report are the Gifford
Wastewater System, the North County Area Wabasso, the Mainland South
County Area, the State Road 60 Corridor to Oslo Road, and the South .
Beach Area.
II. SCOPE OF SERVICES
The engineer shall provide engineering services addressing the following:
A. Study the comprehensive land use plan, historical growth pattern and
other information available to project year 2000 population for the
study area. This projection will include a 5 year projection for
population to be served in 1989. This study will attempt to outline
where early development will occur and provide a breakdown of
residential and commercial/industrial development.
B. Data Accumulation and Analysis Phase
1. Visit each was=ewater treatment plant in the study area which
exceeds 100,000 gallons per day capacity. Assess the condition
of the facili.y, expandability, land available and cost to
operate and maintain.- Particular attention will be given the
Gifford Wastewater Treatment Plant during this portion of the
study.
Page 1 of 6
1142m/116P/040584
91 BOOK 57 PAGE 254
MAY 2 3 1984
Bou '57
2. Determine existing wastewater flows at each of the eighty-one
wastewater treatment plants in the study area. This information
will be gathered without actual plant site visits.
3. Study the physical feasibility of 5 effluent disposal
alternates. The alternates to be studied are discharges to golf
courses, to mosquito improvement ditches, to surface wates, to
citrus groves and to percolation ponds. This phase will
identify any physical constraints that would eliminate a
particular method of effluent disposal in a given area.
4. Evaluate county owned sites as a possible central sludge
processing facility.
5. Determine force main routings that would result in lower
constuction costs. Characteristics to be considered are vehicle
traffic, existing easements or rights-of-way, ease to obtain
additional easements or right-of-way, pavement, disruption of
retail business, and other physical constraints affecting the
cost of laying pipe in the ground.
6. Meeting with various members of county staff during the three
week data gathering stage of. the project. Said meetings are to
be weekly and serve as status reports and a forum to receive
guidance.
C. Analysis and Study Phase
1. Analyze wastewater service for the County being -provided by two,
three and four wastewater treatment plants.
2. Analyze four force main/service area options for each .of the
three treatment plant options.
3. Analyze three effluent disposal options for the three most cost
effective options in item C.2.
4. Analyze the three most cost effective options to determine if
the year 2000 plan is cost effective as an interim wastewater
solution.
5. Analyze three sludge disposal options for the cost effective
plan. The option to be analyzed are composting, land
application, and landfilling.
D. Report Writing Phase
1. Produce a report which details the various options studied. The
report will discuss in detail the three most cost effective
options available to the County for a wastewater system. The
report will provide an implementation plan which will enable the
County to move forward from their present wastewater system to
the plan recommended in the report.
Page 2 of 6
1142m/116P/040584
2. Meet with County staff during the two week final report writing
stage. Said meetings are to be weekly and serve as project
review meeting's.
III. BUDGET ESTIMATE OF ENGINEERING SERVICES
A. Establish Growth Patterns
Planner (E III)
60
hrs.
@
$ 39.00
= $
2,340.00
Senior Planner (E V)
20
hrs.
@
$ 53.50
= $
1,076.00
Engineer VI
10
hrs.
@
$ 61.00
= $
610.00
Engineer VIII
10
hrs.
@
$ 82.50
= $
82.50
$
920.00
Engineer VI
8
$ 4,845.00
B. Data Accumulation
1.
Wastewater Treatment Plants
Engineer III
20
hrs.
@
$
39.00
=
$
780.00
Engineer IV
20
hrs.
@
$
46.00
=
$
920.00
Engineer VI
8
hrs.
@
$
61.00
=
$
488.00
Engineer VIII
4
hrs.
@
$
82.50
=.$
330.00
$ 2,518.00
2.
Existing Flow Information
Engineer -III
20
hrs.
@
$
39.00
=
$
780.00
Engineer IV'
20
hrs.
@
$
46.00
=
$
920.00
Engineer VI
4
hrs.
@
$
61.00
=
$
244.00
Engineer VIII
2
hrs.
@
$
82.50
=
$
165.00
$ 2,109.00
3.
Effluent Disposal
Study
Draftsman IV
8
hrs.
@
$
35.00
=
$
280.00
Engineer II
16
hrs.
@
$
39.00
=
$
624.00
Engineer IV
24
hrs.
@
$
46.00
=
$
1,104.00
Engineer VI
16
hrs.
@
$
61.00
=
$
976.00
Engineer VIII
8
hrs.
@
$
82.50
=
$
660.00
$ 3,644.00
4.
Sludge Processing
Sites
Engineer IV
8
hrs.
@
$
40.00
=
$
368.00
$ 368.00
5.
Force Main Routing
Draftsman IV
8
hrs.
@
$
35.00
=
$
280.00
Engineer III
24
hrs.
@
$
39.00
=
$
936.00
Engineer IV
16
hrs.
@
$
46.00
$
736.00
Engineer VI
12
hrs.
@
$
61.00
=
$
732.00
Engineer VIII
12
hrs.
@
$
82.50
=
$
990.00
$ 3,674.00
Page 3 of 6
1142m/116P/040584
MAY 2 3 1984 9 3 BOOK 57 PAGE 256
MAY 2 3 1994
6. Meetings
Enginner IV
4
hrs.
@
$ 46.00 =
$
184.00
Senior Planner (E IV)
4
hrs.
@
$ 53.50 =
$
214.00
Engineer VI
12
hrs.
@
$ 61.00 =
$
732.00
Engineer VIII
16
hrs.
@
$ 82.50 =
$
1,336.00
C. Analysis and Study Phase
1. Three Plant Options
Secretarial (WP II)
Draftsman IV
Engineer III
Engineer IV
Engineer VI
Engineer VIII
Computer
2. Force Main Options
Secretarial (WP II)
Draftsman IV
Engineer III
Engineer IV
Engineer VI
Engineer VIII
Computer
6 hrs. @ $ 26.50 = $ 159.00
60 hrs. @ $ 35.00 = $ 2,100.00
16 hrs. @ $ 39.00 = $ 624.00
32 hrs. @ $ 46.00 = $ 1,472.00
20 hrs. @ $ 61.00 = $ 1,220.00
10 hrs. @ $ 82.50 = $ 825.00
400 min. @ $ 2.00 = $ 800.00
14 hrs. @ $ 26.50 = $ 371.00
36 hrs. @ $ 35.00 = $ 1,260.00
32 hrs. @ $ 39.00 = $ 1,248.00
40 hrs.-@ $ 46.00 = $ 1,840.00
20 hrs. @ $ 64.00 = $ 1,220.00
10 hrs. @ $ 82.50 = $ 825.00
200 min. @ $ 2.00 = $ 400.00
3. Effluent Disposal Options
Secretarial (WP II) 10 hrs. @ $ 26.50 = $
Draftsman IV 16 hrs. @ $ 35.00 = $
Engineer III 24 hrs. @ $ 39.00 = $
Engineer VI 8 hrs. @ $ 61.00 = $
Engineer VIII 4 hrs. @ $ 82.50 = $
4. Implementation Options
Secretarial (WP II)
Draftsman IV
Engineer III
Engineer IV
Engineer VI
Engineer VIII
1142m/116P/040584
Boa 5.7 f,cc 257 7
$ 2,466.00
$ 7,200.00
$ 7,164.00
265.00
560.00
936.00
488.00
330.00
$ 2,579.00
6 hrs. @ $ 26.50 = $ 159.00
24 hrs. @ $ 35.00 = $ 840.00
24 hrs. @ $ 39.00 = $ 936.00
24 hrs. @ $ 46.00 = $ 1,104.00-
8 hrs. @ $ 61.00 = $ 488.00-
4 hrs. @ $ 82.50 = $ 330.00
Page 4 of 6
$ 3,857.00
$14,779.00
5. Sludge Disposal Options
Secretarial (WP II)
8
hrs.
@
$
26.50
= $
212.00
Draftsman IV
8
hrs.
@
$
35.00
= $
280.00
Engineer III
16
hrs.
@
$
39.00
= $
624.00
Engineer IV
8
hrs.
@
$
46.00
= $
368.00
Engineer VI
8
hrs.
@
$
61.00
= $
488.00
Engineer VIII
4
hrs.
@
$
82.50
= $
330.00
$ 2,302.00
D.Report Writing
1. Final Report
Secretarial (WP II) 40 hrs. @ $ 26.50 = $ 1,060.00
Draftsman IV 24 hrs. @ $ 35.00 = $ 840.00
Engineer III 40 hrs. @ $ 39.00 = $ 1,560.00
Engineer IV 64 hrs. @ $ 46.00 = $ 2,944.00
Senior Planner (E V) 16 hrs. @ $ 53.50 = $ 856.00
Engineer VI 40 hrs. @ $ 61.00 = $ 2,440.00
Engineer VIII 20 hrs. @ $ 82.50 = $ 1,650.00
$11,350.00
2. Meetings
Engineer IV
Engineer VI
Engineer VIII
1142m/116P/040584
4 hrs. @ $ 46.00 = $ 184.00
8 hrs. @ $ 61.00 = $ 488.00
12 hrs. @ $ 82.50 = $ 990.00
$ 1,662.00
Sub -Total
Printing Allowance
Total
Budget
Page 5 of 6
MAY 2 3 1984 95 BOOK
,$23,102.00
$13,012.00
$55,738.00
$ 1,000.00
$56,738.00
$57,000.00
57 PnE258
MAY 2 3 1984
BOOK 57 'FA,GE 259
IV. COMPLETION DATE
The report and preliminary master plan are to be prepared within 60 days
of the date of this work authorization.
Approved by:
INDIAN RIVER COUNTY, FLORIDA
Date: May 16, 1984
Don C-,'` Scurlock, Jr.
CIra i"r man
Apprcy.- a o forme
ani�z uffienc
r
a I randonbur
�C my ttorn
1142m/116P/040584
Submitted by:
CARTER ASSOCIATES, INC.
Dean F. Luethje, Vfq4 President
WILLIAMS, HATFIELD & ijxR, INC.
aixznony A: ivoian, V
Senior Vice President
Page 6 of 6
NORTH COUNTY FIRE DISTRICT
It was announced that as soon as the Commission meeting
adjourns, the Board will reconvene as the District Board of
Fire Commissioners of the North Indian River County Fire
District.
Those Minutes are being prepared separately.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 4:02 o'clock
P.M.
Attest:
Clerk
/ G
Chairman
MAY 23 1984 97 BOOK 57 PAGE 260
L-