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HomeMy WebLinkAbout9/26/1984Wednesday, September 26, 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, September 26, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; and Margaret C. Bowman. Commissioner William C. Wodtke, Jr., was delayed temporarily. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order and asked that there be a moment of silent prayer for Commissioner Wodtke's brother who is having major surgery. Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS & DELETIONS TO AGENDA Administrator Wright requested that Item 9B. Telephone Lease Purchase Proposal be deleted and carried over to the October 10th meeting. He then requested that an item be added in regard to closing of roads in citrus groves, and reported that in conjunction with Item 9A. re matching funds for the Sheriff's Communications and E.O.C. Building, he would have the Director of Emergency Management, Steve Wells, give a brief report on Tropical Storm Isidore. Commissioner Bird requested that an item be added under his matters regarding the resignation of Rene Van de Voorde from the Parks & Recreation Committee. SEP 2 6 1984 BOOKPry,;; SEP 2 6 1984 BOOK 58 r'.iE.L ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, Commissioner Wodtke being delayed, the Board unanimously (4-0) added and deleted items from today's agenda as above. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of Septem- ber 5, 1984. Commissioner Bird did not have a correction, but had a question on Page 58 relating to Ordinance 84-59 re Political Signs, Section (8) (a), which -says that one sign per candidate or issue is allowed and not more than two signs per premises are allowed. He wished to know how this would apply to property in the agricultural district where one property or "premises" could consist of many acres. Attorney Brandenburg noted that Ordinance 84-59 has already been adopted and sent to the Secretary of State so any change would require an amendment and a further public hearing. He reported that further suggestions have been made regarding the size of the signs also. In further discussion it was agreed that it may be necessary to modify the ordinance at another time. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, Commissioner Wodtke being delayed, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of September 5, 1984, as written. CONSENT AGENDA Commissioner Bird asked that Items K and L be removed from the Consent Agenda for discussion, and Commissioner Lyons requested that Item I be removed also. 2 Y/A. Report Received and placed on file in the Office of the Clerk: Traffic Violation Bureau Special Trust Fund - Month of August, 1984 - $36,136.04. �B. Report Received and placed on file in the Office of the Clerk: Traffic Fines by Name - August, 1984. /C. Bid 219 (Annual) - Typewriter Maintenance Contract The Board reviewed the following staff memo: TO: Board of County Commissioners THRU: Michael Wright County Administrator DATE: Sept. 12, 1984 FILE: SUBJECT: IRC BID #219- Typewriter Maintenance Contract (Annual Bid) FROM: 6'_ �,� REFERENCES: Caroly oodrich, Manager Purchasing Department 1. Description and Conditions Bids were received September 11, 1984 at 11:00 A.M. for IRC #219 —Typewriter Maintenance Contract for maintenance of all typewriters under the Board of County Commissioners and the Clerks office. 5 Bid Proposals were sent out, 4 Bids were received. 2. Alternatives and Analysis By bidding all typewriters under the Board of County Commissioners and Clerks office together, we are able to obtain a lower price. This year's contract is with Kemper Business Systems at $55.00 per.electric typewriter and $70.00 per electronic typewriter. The low bidder based on total cost, is Business Machines, Inc. West Palm Beach. The cost is $40.00 per electric typewriter and $125.00 per electronic typewriter, a substantial saving over last year. The serviceman is based in Fort Pierce with a 4 hour response time. 3. Recommendation and Funding It is recommended that IRC #219 be awarded to the low bidder Business Machine, Inc. Funds are budgeted by each department under Maintenance of Office Equipment. 3 SEP 26 1984 BOOK 58 FA;E 417 SEP 26 1984 BOOK 58 FA,E 418 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) awarded Annual Bid #219 - Typewriter Mainte- nance Contract - to the low bidder, Business Machines, Inc., at a total cost of $4,095 as set out in the following Bid Tabulation. " f4 I BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION Zr Cl G7 fry tea, y �Q p Qi �. Z y Ql�y Qi = �� �' �F A. ¢tea .a ay c� 4 0 BID NO. IRC BID #219 DATE OF OPENING Sept. 11, 1984 BID TITLE TYPEWRITER MAINTENANCE CONTRACT ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRIC Typewriter Maintenance Contract for approximately attached list: 1. Electric TYpewriter Each 54 00 57 25 40 00 55 00 2. Electronic Typewriter Each gg on. 125 00 125 00 127 30 3. Systel II Each 350 00 395 00 250 00 350 00 Time required for service technician to provide -service after rpneiving call. 24/HK. 9/hr 4/ hr Total -Board of County Commissioners 2804 00 3206 00 2440 00 3093 80 Total - Clerk 1983 00 2207 00 1655 00 2141 90 4787 00 5413 00 4095 00 •5235 70 I/ 4 D. Bid 220 (Annual) - Radio Maintenance Contract Y, The Board reviewed staff memo as follows: TO: Board of County Commissioners THRU: Michael Wright County Administrator DATE: September 14, 1984 FILE: SUBJECT: IRC BID #220 - Radio Maintenance Contract (Annual Bid) FROM: a:i�� REFERENCES: Carolyn;9j odrich, Manager Purchasing Department 1. Description and Conditions Bids were received September 14, 1984 at 11:00 A.M. for IRC #220 - Radio Maintenance Contract. 4 Bid Proposals were sent out, 3 bids were received. 2. Alternatives and Analysis This is an annual bid to be effective October 1,-1984 through September 30, 1985. The low bid was submitted by Dave's Communication, Ft. Pierce, F1. in the amount of $620.00 per month. Last year low bid was $636.00 per month. 3. Recommendation and Funding It is recommended that IRC #220 be awarded to the low bidder, Dave's.Communication. Funds are budgeted in General Services Account #001-251-519-44-71. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner'Wodtke being delayed, the Board unanimously (4-0) awarded Annual Bid #220 - Radio Maintenance Contract - to low bidder, Dave's Communica- tions, for $620 per month as set out in the following Bid Tabulation. 5 SEP 26 1984 BOOK 58 mu 419 SEP 26-1984 BOOK U FJ; 42-00 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION 0 o o�"° v s ,� v BID NO. DATE OF OPENING oy Q. •� �� IRC BID #220 Sept. 14, 1984 BID TITLE RADIO MAINTENANCE CONTRACT ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE U 1. RADIO MAINTENANCE CONTRACT 840 50 620 00 843 75 Total Per Month Removed 20 00 1 20100 '. 25 00 Installation 50 00 1 60 00 65 00 E. Budget Amendment - Law Librarian The Board reviewed memo of the OMB Director: TO: Board of County Commissioners DATE: September 11, 1984 FILE: SUBJECT: Law Librarian P W FROM: Jeffrey K. Barton, REFERENCES: Management & Budget Director The following budget amendment is to correctly allocate the revenue and expense of salaries and benefits due to the fact that the Law Librarian is going to work an additional hour per day. (see attached letter) Account Title Account No. "Increase Decrease Reimbursements 001-000-36940-.00 80 Regular Salaries 001904-516-11.12 68 Social Security 001-904-516-12.11 5 Retirement 001-904-516-12.12 7 i 1.1 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) approved the above budget amendment as rec- ommended by the OMB Director. ,,/'F. Florida Marine Patrol Radio Antenna Site Lease The Board reviewed memo of the General Services Director, as follows: TO: Board of County Commissioners THRU Mike Wright County Administrator DATE: 9'/17/84 FILE: SUBJECT: Florida Marine Patrol Radio Antenna Site Lease FROM: Generalnservice D rect�f-FERENCES: Subject lease was entered into in June of 1982 with an option to renew for one additional year. Florida Marine Patrol desires to exercise that option. Indian River County Legal Department has reviewed the lease as was executed by Florida Marine Patrol. It now requiresd signature of Chairman of the Board and County Clerk. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) approved Antenna Site Lease Renewal Agree- ment with the Florida Marine Patrol. VA SEP 26 1984 boos. 58 PAGE VI FF - SEP 26 1984 BOOK 58 FA,E ANTENNA SITE LEASE RENEWAL AGREEMENT THIS LEASE AGREEMENT is made and entered into on the date set forth below for execution by the Lessor, by and between the State of Florida, Department of Natural Resources, Florida Marine Patrol, hereinafter referred to as Lessee and Indian River County, a political subdivision of the State of Florida, herein referred to as Lessor. WHEREAS, the parties entered into an Antenna Site Lease dated June 16, 1982„ a copy of which is attached hereto; and WHEREAS, pursuant to the Lease, Lessee exercised its option to renew for an additional one year period on the same terms and conditions as the original Lease; and WHEREAS, the parties desire to again renew this Lease for an additional one year period, on the same terms and conditions as the previous two years, continuing from the date upon which the first extension shall expire. NOW THEREFORE in consideration of the mutual promises contained herein, the parties agree that said original Lease Agreement shall be renewed and extended for an additional one year period beginning upon the expiration date of the current term (June 16, 1984), and expiring one year thereafter. It is understood that the extension of this Lease for an additional year upon the same terms and conditions as the original Lease does not revive Lessee's initial option to renew this Agreement for the second year, which option has already been exercised. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement for the purposes expressed herein, on the day and year written below. 0 I Approved as to form and legatesufficiency: cx Y in. Brandenbu g, COUNTY ATTORNXLI INDIAN RIVER COUNTY BOARD OF COMMISSIONERS By —Wal- el- DO DO C. SC OCK, Jto Chairman Z- A 0� Attest: 9 g Wi ness FREDA WRIGHT Dat'' Clerk (Witness Approved: September 26, 1984 i W-Vtness State of Florida, Department of Natural Resources, Florida Marine Patrol BB �(i " •7 Z 3-J,P- Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Gtr 11 CONTRACT AD14INISTRATOR G. Site Plan Extension - Vero Grove Development Corp. The Board reviewed staff memo, as follows: •1 E BOOK 58 PAGE 423 r- SEP 26 1994 BOOK D TO: The Honorable Members DATE: September 17, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: VERO GROVE DEVELOPMENT CORP. REQUEST FOR SITE > , a SUBJECT: PLAN APPROVAL EXTENSION Robert M. Keati g, WJCP Planning & Development Director FROM: Mary Jane V. Goetzfried REFERENCES: Vero Grove 'MA Chief, Current Development Section DIS:MARYJ It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 26, 1984. DESCRIPTION AND CONDITIONS: In October of 1983, the Planning and Zoning Commission approved the site plan application submitted by Michael O'Haire, on behalf of Cardinal Groves, to construct a 420 unit multi -family residential development. The project site is located between U.S. Highway 1 and the Indian River, south of River Shores Subdivision. Due to the fact that finalization for water and sewer service with the County Utilities Division and General Development Utilities have not been completed, construction has not com- menced. Pursuant to the provisions of Section 23(h)(1)(a) Appendix A of the County Code, the applicant is requesting an extension of site plan approval, which would allow construction to begin within the next year. RECOMMENDATION: Staff recommends approval of Michael O'Haire's request for a one year extension of the site plan approval to construct Vero Grove condominium complex. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) granted a one year extension of site plan approval to Vero Grove Development Corp. as recommended by staff. �H. Final Plat Approval - Forest Park Subdv , Unit 3 The Board reviewed staff memo, as follows: 10 TO: The Honorable Members DATE: September.17, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: FI14AL PLAT APPROVAL FOR t FOREST PARK - SUBJECT: SUBDIVISION UNIT THREE Robert M. Keati g, P Planning & Development Director THROUGH: Mary Jane V. Goetzfried 'I Chief, Current Development Section FROM: Stan Boling REFERENCES: Forest Prk. hb- Staff Planner DIS:STAN It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on September 26, 1984. DESCRIPTION AND CONDITIONS: Forest Park - Unit Three Subdivision is a northward extension, and the final phase, of the Forest Park single-family residential development. There are 26 lots in the ± 21 acre subdivision. The land is zoned R-lA (4.3 dwelling units/acre, Single -Family Residential) and R-2 (6.2 dwelling units/acre, Multi -Family Residential). The R -1A zoning classification covers all of the dry land in the proposed subdivision. The portion of the subdivision which is zoned R-2 includes that portion of the Golf Course lake which encroaches on lots 4-15. This lake is part of a designated Water Management Tract and is to be managed by Vista Properties. The land use designation of the proposed subdivision is MD -2, Medium -Density Residential (10 dwelling units/acre). The proposed building density of the subdivision is 1.24 dwelling units/acre. ALTERNATIVES AND ANALYSIS: The applicant is in conformance with all applicable County ordinances, including the County's Subdivision Ordinance 75-3. The subdivision will be served by County utilities. This has been approved by the Utilities Division. A type "B" Stormwater Management Permit has been approved by the Public Works Divi- sion. All on-site construction has been completed and has also been approved. The applicant has conformed with all staff recommendations concerning the subdivision, with one exception. A maintenance bond shall be posted to insure that all improve- ments in the subdivision are adequately maintained for a year after final plat approval is granted. The applicant has agreed to submit this. RECOMMENDATION: Staff recommends that the Board of County final plat approval to Forest Park - Unit subject to the. condition that the applicant bond in the amount of 25% of the cost o improvements. 11 Commissioners grant Three Subdivision, post a maintenance f the subdivision's BOOK. 5 8 PA;E 4?5 SEP 26 1994 BOOK ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) granted final plat approval of Forest Park Unit Three Subdivision, subject to the applicant posting a maintenance bond in the amount of 250 of the cost of the subdivision's improvements. T. Final Payment - Computer Communication Cable, County Project #8421 The Board reviewed memo of County Engineer Griffith: (Insert memo - 38 sps.) TO: The Honorable Members of DATE: September 19, 1984FILE: the Board of County Commissioners THROUGH: Michael Wright County Administrator Final Payment SUBJECT: Computer Communication Cable - Administration Building to County Courthouse; County Porject #8421 4 FROM: Vibert L. Griffith, r. , 13EERENCES: County Engineer DESCRIPTION AND CONDITIONS On August 22, 1984, the Board of County Commissioners approved awarding the Contract on subject project to DNM Cable Contractors, Inc. in the amount of $3867.75. To comply with the Contract requirements, Mr. David Myers, President of DNM Cable Contractors, Inc., provided the County with a check for $3867.75 in lieu of a Public Construction Bond. STATUS OF PROJECT The Contractor has substantially complied with all the conditions and requirements of the Contract. RECOMMENDATIONS It is recommended that the Board authorize final payment on this project and also the release of the funds provided in lieu of the Construction Bond. 12 QUANTITY ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) authorized final payment to DNM Cable Con- tractors, Inc., in the amount of $3867.75 and authorized release of the funds held in escrow in lieu of a construction bond, as per the following invoice. D.N.M. CABLE CONTRACTORS, INC. P.O. Box 471 Vero Beach, Florida 32961-0471 305-562-8361 TO INDIAN RIVER COUNTY PUBLIC WORK DIVISION VERO BEACH, FLORIDA INVOICE 00372 DATE 09-18/84 P.O. NUMBER TERMS COMPUTER COMMUNICATION CABLE, Project # 8421 DESCRIPTION TOTAL, BID AMOUNT -------------------------------- TOTAL BOND AMOUNT -------In Escrow -------------- PRICE $ 3867.75 $ 3867.75. TOTAL AMOUNT DUE --------------------------------I$ 7735-50 - YOU: D.N.M. CABLE t • , �llls . PLEASE PAY BY THIS INVOICE.NO. STATEMENT WILL BE T. I I. Approval of Library Agreement and Annual Application for State Aid to State Library Commissioner Lyons wished to make certain that the Library Agreement is signed by both Indian River County Library Association and Sebastian River Library Association, 13 SEP 26 1984 BOOK 58 PAGAV f/ SEP 2 6 1994 Boos 5 8 ci-uE 418 and Attorney Brandenburg confirmed that both entities already have signed the agreement. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being delayed, the Board unanimously (4-0) adopted Resolution -84-71 authorizing execu- tion of the Library Agreement for fiscal year 1984-85; appointing Mary Kiser Head Librarian; and authorizing submission of the annual application for state aid to libraries. 14 RESOLUTION' NO. 84- 71 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECU- TION OF THE LIBRARY AGREEMENT FOR FISCAL YEAR 1984- 1985; APPOINTING MARY KISER AS HEAD LIBRARIAN FOR THE FISCAL YEAR; AND AUTHORIZING THE SUBMISSION OF THE ANNUAL APPLICATION FOR STATE AID TO THE STATE LIBRARY OF FLORIDA. WHEREAS, the delivery of Public Library services to the citizens of Indian River County is an appropriate and worthwhile goal deserving of support by state and local government; and WHEREAS, two independent non-profit library associa- tions have again agreed to provide public library services within the County for the next fiscal year in accordance with State law governing public libraries and the provisions of the attached agreement, in consideration for financial support by the County in the amounts stated in the agreement; and WHEREAS, the Board desires to formally appoint an indi- vidual meeting the State's requirements to serve as the "Head Librarian" for purposes of administering the County Library Unit; and WHEREAS, the receipt of funding assistance from the State Library of Florida requires submission by the Board of County. Commissioners of a formal application therefor on or before October 1, 1984. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS as follows: 1. The Indian River County Library Agreement for fiscal year 1984-85, attached hereto and incorporated by reference, is hereby approved and the Chairman and Clerk are authorized and directed to execute same; 2. Mrs. Mary Kiser, the Librarian for the Indian River County Library Association, Inc. is hereby appointed as the Head Librarian to serve as the Administrative Head of the County Library Unit comprised of the libraries which are parties hereto; and 15 SEP 26 1984 BOOK. 58 'D,a 4?9 SEP 26 1984 BOOK 58 FAGF 430 3. The Chairman and Clerk are hereby authorized to execute and cause the proper filing of the application for State aid to libraries, attached hereto and incorporated by reference, for fiscal year 1984-85. 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 Ave Commissioner William C. Wodtke, Jr. Absent The Chairman thereupon declared the resolution duly passed and adopted this 26th Attest: Clerk P.)4 V. APPROVED AS TO FORM AND LEGAL SUFFICIENCY COU*TY ATTORNEY day of September , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By '2L. C DON C. SCURL CK, JR. Chairman LIBRARY AGREEMENT AND APPLICATION FOR STATE AID ARE ON FILE IN THE OFFICE OF THE CLERK. �( K. Acceptance of Ownership & Maintenance of Tropic Groves Villas Lift Station The Board reviewed memo of Utility Services Director Pinto, and Exhibit "A", as follows: 16 TO: THE HONORABLE MEMBERS OF THEDATE: September 17, 1984 FILE: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Wright County Administrator ACCEPTANCE OF OWNERSHIP SUBJECT: & MAINTENANCE OF TROPIC GROVES VILLAS LIFT STATION Ter2ne`IP nto EFERENCES: FROM. Utility Services DirectoIR DESCRIPTION AND CONDITIONS: A) Association's Request B) Grant of Easement C) Bill of Sale Tropic Groves Villas Condominium Association, Inc., has requested the County to accept responsibility for their lift station for the reasons expressed in Exhibit "A". Because of the reasons stated in Exhibit "A", the Utility Department will recommend assumption of responsibility for this lift station upon the following conditions: 1) the electricial controls must be rebuilt to meet our specifications 2) a grant of easement must be provided (Exhibit "B") 3) a bill of sale for the lift station and all appurtenances including but not limited to two pumps, all force main lines, and land same is located on (Exhibit "C"). RECOMMENDATION: Staff recommends the Board accept ownership and maintenance of this facility upon the above conditions being met by the Association. 17 SEP 26 1954 Boar 58 431 J dam LAw 0r*r1Q719H QD1+' SHERMAN N. SM17H,JR. MICHAEL O'HAIRE JEROME D. OUINN CHARLES E. GARRIS ALAN 5. POLACKWICH, SR. MEMORANDUM TO: Board of County Commissioners, Indian River County, Florida Terrance G. Pinto, Utilities Director FROM: Alan S. Polackwich, Sr., Esquire DATE: September 17, 1984 SUBJECT: County Acceptance of Lift Station and Sewer Lines, Lot 10, Vero Land Company Subdivision (Tropic Groves and Tropic Grove Villas) BOOK 5+8 F`;E 432, Ex h;b: - "P" MICHAEL J. GARAVA GLIA DOLORES D. DECAPRIO WILLIAM E. CORLEY, III I represent two condominium associations, Tropic Groves, Inc. and Tropic Grove Villas Condominium Association, Inc. These associations own and operate two condominium developments located on Lot 10, Vero Land Company Subdivision. Tropic Groves was developed in the early 1970s and Tropic Grove Villas was deve-loped in 1978- 1980. The sewer needs of Tropic Groves and Tropic Grove Villas were original- ly handled by private franchise, utilizing a private sewer treatment plant at the east end of Lot 10. On May 2, 1980, however, the county and developer entered into an agreement to terminate the private franchise and construct a new system to be connected to the county system. Specifically, the develop- er agreed to construct lines and a lift station on Lot 10 which would connect to a similar system on adjoining Lot 9 which, in turn, connected to the county system .along Sixth Avenue. A diagram setting forth this system is attached as Exhibit "A". A copy of the developer -county agreement, includ- ing addendum, is attached as Exhibit "B". Under the agreement, the developer agreed to build the lines and lift station in accordance with county specifications, and the county agreed to accept ownership and maintenance of the system upon completion. By. adden- dum, the county and developer further agreed that the overall cost of the project would be defrayed by a $100 per unit charge to be collected from the existing condominium unit owners. (See addendum) The unit owners paid this charge, totalling approximately $8,000, after assurance that the system would be built in accordance with county specifications and would be turned over to the county upon completion - all in accordance with the agreement attached hereto as Exhibit "B". Subsequently, for reasons unknown to the unit owners and contrary to the prior assurances which were relied upon in making the $8,000 payment, the developer did not build the lift station in accordance with county stan- dards. The county did not take over the system, and ownership and main- tenance fell upon the associations - whose members have now been paying for several years both the cost of maintaining this system, plus usual county sewer charges. The associations now request that the county accept owner- ship of the system. The associations have. worked closely with the utility department to satisfy the department's requirements for such a transfer. The department's requirements. are: (1) replace certain electric control panels at an approxi- mate cost of $2,000, (2) execute and deliver a far-reaching utility easement prepared by the county attorney, and (3) execute and deliver a bill of sale prepared by the county attorney. The associations are prepared to meet all of these requirements. Also the associations independently replaced the pumps in the lift station in March 1984 at a cost of approximately $6,000. Finally, it should be noted that a similar problem was encountered immediately to the north of theser"developments at Tropic Villas North on Lot 9. After a similar agreement, the system was transferred to the county in 1982. The proposed transfer presently under consideration would complete the transfer to the county of the. remaining portion of this branch of sewer lines and lift stations which empty into the county system. Commissioner Bird noted that the letter from Mr. Polackwich stated that some units were charged $100 per unit. He wished to know where that money is and if it represents all the owners. Utilities Director. Pinto noted that the records on that whole transaction are very sketchy. The money did go into our impact fee account, but he did not know how the $100 charge was figured. His position is that we were entitled to a whole lot more. Commissioner Bird believed former Utilities Director George Liner made that agreement. Director Pinto informed the Board that he would like to add to the agreement a concern that just came up yesterday. There is a possible problem in one of the lines - part of the road has caved in and this would have to be resolved prior to final sign off. He reported that he has talked to the attorney for Tropic Groves Condominiums about this. Commissioner Bird asked if Director Pinto was satisfied that this transfer can be accomplished so that it will not create any liability for the County, and Director Pinto assured him that everything will be checked out very carefully and completely. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, Commissioner Wodtke being delayed, the Board unanimously (4-0) accepted ownership and maintenance of the Tropic Groves Villas Lift Station based on the conditions set out in Staff's memo dated September 17, 1984, being met by the Associa- tion. UTILITY EASEMENT AND BILL OF SALE FOR TROPIC GROVE LIFT STATION ON FILE IN THE OFFICE OF THE CLERK. Commissioner Wodtke entered the meeting at 9:12 o'clock A.M. _ 19 SEP 2 1 19 4 800k 58 rh m- �3 SEP 26 1984 �L. Hazardous Waste Assessment Agreement BOOK 58 mc*43 M I— The Board reviewed memo of Environmental Engineer Ron Brooks, as follows: TO: The Honorable Members of DATE: September 17, 1984FILE: the Board of County Commissioners THRU: Michael Wright SUBJECT: HAZARDOUS WASTE ASSESSMENT County Administrator AGREEMENT FROM: Ronald R. Brookso REFERENCES: Environmental Engineering Specialist/Utility Services DESCRIPTION AND CONDITIONS: The Water Quality Assurance Act of 1983 established requirements for a County Hazardous Waste Assessment and Generator Notification Program. The assessment and notification program is to include the following: 1. Identification and notification of all potential small quantity hazardous waste generators. 2. Inspection of a representative number of identified generators to verify the wastes generated and the methods for their disposal. 3. Identification of all abandoned dump sites. 4. Assessment of the operations of all landfill sites particularly in regards to the screening and handling of hazardous wastes. S. Assessment of the need for, and the selection and establishment of, a minimum of two sites for the storage and transfer of hazardous wastes. 6. Establishment of a program for yearly notification and represent- ative inspection of all small and large quantity hazardous waste generators. The Regional Planning Councils were delegated the primary.responsibility for insuring the assessments were performed during the first year of the program, and the counties are responsible for continuing the program on an annual basis thereafter. Those Counties that chose to do so, however, could perform the entire program from the beginning. For the first year of the program, a designated amount of State funding is being provided to the Regional Planning Councils and the funds will be apportioned to those Counties that choose to perform all or a part of the first year assessment. The counties under the Treasure Coast Regional Planning Council chose to have the Council hire a consulting firm to perform the initial identification and notification portion of the first year assessment program. The rest of the assessment program is to be performed by the Counties. Part of the State funding provided to the Regional Planning Council is being apportioned to the Counties to assist in performing their responsibilities in the assessment program. Indian River County is to receive $17,000 for assistance in performing the County's responsibilities in the assessment program. The attached agreement conditionally provides Indian River County $17,000 and delegates specific tasks that are to be performed. RECOMMENDATION: The program and specific duties outlined in the attached agreement were considered and approved in concept by the Board during a previous meeting. The Division of Utility Services will be responsible for implementation of the assessment program. Staff recommends that the Board review and approve the attached agreement and authorize the Chairman to execute the agreement on behalf of the County. Both copies of the agreement are to be executed to provide original copies to the County and the Regional Planning Council. Commissioner Bird wished it confirmed that this will be done in-house with our own staff, and this was confirmed by the Administrator. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the Hazardous Waste Assessment Agreement with the Treasure Coast Regional Planning Council and authorized the signature of the Chairman. Said Agreement is on file in the Office of the Clerk. PRESENTATION OF ANNUAL COOPERATIVE FORESTRY ASSISTANCE REPORT'�� Urban'Vorester Paul Palmiotto presented the Board with his annual report, which set out in detail the projects and programs with which he has been involved during the past year, and also lists his short term goals, long range goals and ongoing activities. Commissioner Lyons felt the list of projects is impres- sive and that they have been of great benefit to the County. His one suggestion was that Forester Palmiotto look into how the County can become more involved in Arbor Day. 21 SEP 26 1984 Roo,. 58 FADE435 SEP 26 1994 BOOK 58 F',��F43 Commissioner Bird stated that the Urban Forester has been very helpful in cooperating with the landscaping of our parks and now is helping us with developing the County Fairgrounds. Chairman Scurlock thanked Mr. Palmiotto for a job well done and officially accepted his annual report for the record. Said report is on file.in the Office of the Clerk. PUBLIC HEARING - REZONING REQUEST VERO BEACH TRADING CORP. 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: 22 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 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 before mg1hig,0_ day of 19 19 Manager) (Clerk of the Circuit Couft, Ind(ap(River County, Florida) (SEAL) 23 NOTICE — PUBLIC HEARING Notice of hearing to consider the adoption of a County ordinance rezoning land from R-2, Mul- tiple -Family District, to C-1, Commercial District. The subject property is presently owned by GORDON NUTT and is located South of We - basso Road (County Road 510/85th Street).: West of the Indian River and East of Jungle Trail. The subject property Is described as: PARCEL #1 — Commercial Parcel: That portion of Government Lot 2 lying East of j State Road AiA and those portions of Govern-' ment Lot 1 and Government Lot 2 in Section 26.1 Township 31 South, Range 39 East, Indian River' County, Florida, lying westerly of State Road AiA; being more particularly described as fol- lows: COMMENCING at the northwest comer of i said Section 26; THENCE along the north line of said Section 26; South 89°59'37" for a distance of 3378.83 feet; THENCE South 00"1025" East for a distance of 40.10 feet, to the Point of Inter- section with the Right -of -Way line of County Road 510 (also known as Wabasso Beach Boulevard); said Point of Intersection being also the POINT OF BEGINNING. THENCE along said Right -of -Way line, North 89°59'50" East for a distance of 416.89 feet to its Intersection with the southwesterly Right -of -Way line of State Road At A; the Base Line of which is parallel and concentric with and 50 feet north- easterly of said southwesterly Right -of -Way as described in O.R. Book 35, Page 393 of the Pub- lic Records of Indian River County. Florida, as shown on the Right -of -Way Map, Section 8807- 102: THENCE along said southwest" Right -of - Way line; South 24°2736" East for a distance of 550.00 feet, THENCE South 89'59'59" West for a distance of 644.60 feet, THENCE North 00'x'10" West for a distance of 500.65 feet to the POINT OF BEGINNING. LESS that -portion of Government Lot 1 lying westerly of State Road AiA Containing 6.09 acres more or less AND to consider recommending the adoption of a County Ordinance rezoning land from R-2, Multiple -Family District, •and C-1, Commercial District, to R-213, Multiple -Family District. The subject property is presently owned by GORDON NUTT and, is located South of Wabasso Road (County Road 510/85th Street), West of S.R: AiA and East of Jungle Trail. _n•;. PARCEL *2— Residential Parcel Those portions of Govemmenr Lot 1 and GoJ . emment Lot 2 in Section 26, Township 31 South; Range 39 East, Indian River County, Florida, lying westerly of State Road,AlA; being more particularly described as.follows: - COMMENCING at the northwest corner of said Section 26; THENCE along the north line of said Section 26; South 89°5937" East for a dis- tance of 2636.16 feet to the northwest corner of said Government Lot 2; THENCE along the west line of said Government Lot 2, South 00110'25" East for a distance of 40.10. feet to the point.ot Intersection with the Right -of -Way line of County` Road 510 (also known as. Waba9so Beach Boulevaro); said Point of Intersection being also the POINT OF BEGINNING. THENCE along --said .Richt-of-Way line: North 89'S93fY!-•.F dor distance of 742.67 feet, THENCE South 00"0010" East for a distance of 500.65 feet; THENCE North 89"59'50" East for a distance of 664.60 feet to its intersection with the southwest- erly outhwesterly Right -of -Way line of State Road AIA; the Base Line on which is parallel and Concentric with and 50 feet northeasterly of said southwest erly Right -of -Way. as described In O.R. Book 35 aI Page 393 of the Public Records of .INDIAN RIVER COUNTY, FLORIDA, and as shown on the Right -of -Way Map Section 8807-102; THENCE along said southwesterly Right -of -Way One foi. the following 3 courses:'9 (1) South 24"2736" East for a distanc8 186.13 feet to the Beginning of a Curve concave to the northeast and having a Radius of 5779.65 feet; (2) THENCE along said Curve, through a Cen- tral Angle of 6143'00" Southeasterly for a dis, tance of 677.54 feet to a Point of Tangency; (3) THENCE South 31 °1036" East for a dis= tance of 17.91 feet to its intersection with the South line of said Government Lot 1. THENCE along said South line: . North 89"59'47" West for a distance of 465.53 feet to the separative line between Government Lot I and Government Lot 2; THENCE along the south line of said Government Lot 2 continuing North 89"59'57" West for a distance of 1320.38 feet to the Southwest Corner of said. Government Lot 2; THENCE along the west line of said Government Lot 2: North 00°10'25" West for a distance of r 1284.20 feet to the POINT OF BEGINNING. Containing 36.853 Acres..•. A public hearing at which arties in lnteres{ 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. Sep-, tember 26, 1984, at 9:15 a.m. If any person decides to appeal any decision made an 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 aC. Scurlock Jr. Chir ✓%� Chairmanan f�I Sept. 6, 18, 1984. BOOK 8 F,�I-H 437 SEP 26 1934 BOOK 58 PACE 438 Chairman Scurlock informed those present of the pro- cedure to be followed during the hearing, and it was noted that 54 letters of opposition to the requested commercial rezoning have been received. Said letters are on file in the Office of the Clerk. Chief Planner Richard Shearer made the staff presentation, as foll_o_ws: TO: The Honorable Members DATE: September 14, 1981FILE: of the Board of County Commissioners VERO BEACH TRADING CORP. DIVISION HEAD CONCURRENCE: REQUEST TO REZONE 6.09 SUBJECT: TORES REZONEM36.85TACRES & Robert M. Keating, cacp FROM C-1 & R-2 TO R -2D Planning & Development Director - FROM: KS REFERENCES: Richard Shearer, AICP VB Trading/ZC-084 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 September 26, 1984. DESCRIPTION & CONDITIONS Vero Beach Trading Corporation, an agent for Gordon Nutt, the owner, is requesting to rezone 6.09 acres from R-2, Multiple -Family District (up to 15 units/acre), to C-1, Commercial District, and to rezone 36.85 acres from C-1 and R-2 to R -2D, Multiple -Family District (up to 6 units/acre). The subject property is located at the southwest corner of State Road A -1-A and Wabasso Road (County Road 510). The applicant intends to establish a -shopping center at the intersection surrounded on the south and west by a multiple -family development. On August 23, 1984, the Planning and Zoning Commission voted 3 -to -1 to recommend approval of this rezoning request. On September 11, 1984, the Transportation Planning Committee discussed this rezoning request. The committee felt that the Board should consider the potential traffic impacts of this rezoning prior to making a decision on 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. 24 Existing Land Use Pattern The subject property, and the land south and west of it, is undeveloped. North of the subject property, across Wabasso Road, is undeveloped land zoned C-lA, Restricted Commercial Development, and R-1, Single -Family District (up to 6.2 units/acre). Further north, are single-family residences. East of the subject property, across S.R. A -1-A, is undeveloped land zoned C-1 and an office building, the Wabasso Beach Market, and a County Park zoned C -1A. Further north, are single-family residences zoned R-1. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as LD -2, Low -Density Residential 2 (up to 6 units/acre). In addition, the Plan designates a 25 acre tourist/commercial node at the intersection of Wabasso Road and S.R. A -1-A. The applicants are proposing to include the northeast corner of the subject property in the node. Prior to submitting their rezoning application, the applicants met with the staff to discuss the amount of acreage available in the node and the appropriate zoning configuration for this property. The proposed zoning scheme will concentrate the commercial uses at the intersection and downzone the remaining property from R-2 (allowing up to 15 units/acre) to R -2D (allowing up to 6 units/acre) which is consistent with the LD -2 land use designation. Transportation System The subject property has direct access to S.R. A -1-A and C.R. 510 .(both classified as arterial streets on the Thoroughfare Plan). The proposed zoning of the subject property would result in approximately 1336 average annual daily trips (AADT) generated by the residential property and 4,746 AADT attracted to the commercial property. This additional traffic would result in C.R. 510 having a peak hour level-of-serice "B" and S.R. A -1-A having a peak hour level -of -service "B-". This level -of -service is based on existing traffic, traffic from this development, and 50% of the traffic from committed developments south of C.R. 510. The staff feels that providing commercial development at this intersection will serve commercial trips originating on the island which would keep additional traffic off of the Wabasso bridge. Environment The subject property is not designated as environmentally sensitive. However, most of the subject property is in a B flood zone which includes areas within the 500 year flood plain. In addition, the southwest corner of the subject property (including approximately one acre) is in an A-9 flood zone (elevation 6). The A-9 zone includes land within the 100 year flood plain. Utilities The subject property is within the service area of the north beach utilities franchise. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. 25 SEP 26 1994 RooK 8 Pa;E 4039 J h..,; BOOK 58 FE 440 Chief Planner Shearer informed the Board that this is a two part zoning request, and they have broken it into two parcels as shown on the following charts: LD -2 R-2 C-1 A -1A A A530 BEACH is Vp -A CII IZ 0 dov. LOT 5; Ile GOV. LOT 6 GOV. LOT 7 OF M : E otigg. a s ����. oil • rM Wq Imam M Orr , INFOU :1001 MEMIMM Iffrad 0 on GOV. LOT 5 •OoC 06 - PH UPIERTY GCM LOT 6 'GOV. LOT I 26 M Planner Shearer explained that this has been set up as two ordinances, and the first part deals with rezoning 6.09 acres from R-2 to C-1 (Parcel 1). Of this parcel, six acres are on the west side of SR AlA and .09 acre on the east side in a different Government Lot. The remainder of the acreage to be rezoned today is shown as Parcel 2, and all of the property under consideration is located at the southwest corner of State Road AlA and Wabasso Road. Mr. Shearer asked Attorney Brandenburg whether this will require two hearings. Attorney Brandenburg agreed that it will require two hearings, but stated it is permissible to discuss both issues during the first hearing. Mr. Shearer explained that the part the applicant is proposing to rezone to C-1 is right at the intersection of SR AlA and CR 510. The second parcel of 36.85 acres would involve a downzoning from C-1 and R-2 to R -2D to be consis- tent with the LD -2 Land Use Plan. Mr. Shearer continued that the Land Use Plan shows a 25 acre tourist/commercial node at this intersection, and there are approximately 19 acres zoned commercial in the area; 3 acres north of 510 have commercial zoning, as well as a parcel of 16 acres south"of 510 and east of AlA that has site plan approval for a hotel. The applicant has 4.5 acres zoned commercial, and is apply- ing for the remaining 6 acres of the node. . The 1975 Plan showed an area on the east side of AlA as being tourist commercial and a strip west of AlA and south of 510 as commercial. Mr. Shearer continued to review the Planning & Zoning Commission's decision and reported that, after their meeting, Planning did request the Traffic Engineer to make a special traffic count on SR AlA south of 510, and it indi- cated a use far below road capacity. This, of course, was in the "off peak" season, and he believed during the season it would increase by about 300. 27 SEP 26 1984 Boor, 58 PAGE 441 -I SEP 26 1984 BOOK 58 i r� F 442 Commissioner Lyons asked how the portion of Parcel 2 located above Government Lot 6 is zoned now, and Mr. Shearer replied that most of it is R-2; the triangle on the right edge along SR AlA is zoned commercial. It was the joint decision of the applicant and staff to apply to shift that commercial to the intersection. Chairman Scurlock believed that intersection is a major problem with the beach park being located there and creating fairly intense activity. He anticipated the intersection becoming an increasing problem as time goes by and asked if it would not make more sense to have a square somewhat removed from the intersection.- Mr. ntersection: Mr. Shearer stated that this really was not considered before the Planning & Zoning Commission. After that date, they did discuss it with the Traffic Engineer, who felt the intersection would be a better location because you have access to two separate arterial roads. Mike Chason took the floor representing Vero Beach Trading Corporation. He stated that he would just refer to staff's presentation at this time and be available to answer any questions the Commission might have. The Chairman asked if anyone present wished to be heard. Attorney Michael O'Haire came before the Board on behalf of Summerplace Home Owners Association and residents of the area. He reviewed the history of the development of this area, emphasizing that it was due to its great natural beauty and the fact that it is a very "low key" area. He emphasized that the property being considered for rezoning today has been owned by Gordon Nutt for many years, and in all those years, despite all Mr. Nutt's predictions of great projects, nothing ever has been constructed other than the footer for four villa type units even though a site plan for a 300 room hotel was approved in 1981. W. Mr. O'Haire then addressed the traffic problem, pointing out that this is the only county beach accessed from the Brevard Community and in addition, all traffic from the Melbourne Airport to the barrier island goes by this intersection. He stressed that the people in the area are adamantly opposed to impacting the area with any more traffic, and if this 6 acre commercial parcel is designed to meet the needs of the residents of the area, they don't want it or need it as evidenced by the fact that there are about 100 residents present at the meeting today in opposition to the commercial rezoning. Commissioner Wodtke pointed out that 4.6 acres of this property is zoned commercial at this time, and asked Mr. O'Haire's position about that. Mr. O'Haire felt it would be preferable to have the commercial south of the intersection and they would rather not see any commercial on the west side. The Board members then discussed the traffic problems at the intersection at great length with Planning Director Keating and Traffic Engineer Orr contending that locating the commercial at the intersection minimizes the impact by providing access from both 510 and AlA. Mr. Keating further felt that having access to the south would reduce the total trips through the intersection as people from the consider- able residential developments on the island to the south would shop there rather than going on through the intersec- tion. Attorney Brandenburg pointed out that at the time of rezoning we do not know the actual use, and it is possible there could be a theatre that might draw people from the mainland and further complicate the situation. He noted that trips going by to go shopping somewhere else still would be going by, and the commercial at the intersection 29 SEP 26 1984 BOOK. PAGE 44 SEP 2 6 1984 BOOK $ L,4 r 444 would draw people from other areas. The Attorney felt traffic at the intersection would have to increase. Planner Shearer agreed that obviously there will be more trips, but staff is hoping trips that originate on the island will not have to go to the mainland, and this will keep them off the bridge. He continued to discuss traffic and how it depends on what activities are allowed at this location. Commissioner Lyons agreed there would be more conveni- ence for shopping but it would be at the expense of peace and tranquility. He pointed out that the people who bought the condos to the south, bought them without having any shopping there, and it may be that we were presumptuous in the Master Plan when we showed a node there. Further discussion ensued as to moving the commercial away from the intersection, and Commissioner Wodtke felt through site plan approval it might be possible to handle the traffic internally and have exits on both AlA and 510 even with the commercial being located further south. He felt it is a shame we don't have PUD so the residents can see what is being proposed and we could make a contractual agreement. Traffic Engineer Orr agreed, but noted we can't do that at this time and we have no assurance what will happen to that property. Attorney Brandenburg brought up the criteria for curb cuts on arterial roads and wished to know if this has been considered since this actually is quite a small piece of property. Traffic Engineer Orr did not feel that poses a major problem; although, he agreed it would be best to put those cuts at the extreme ends of the lots. The Chairman asked if anyone else wished to be heard. J 30 Chris Marine, Attorney, spoke for Mr. and Mrs. Joe Michael and George Lier, whose families have lived in this area since 1887. He stated they are opposed to changing residential to commercial because of the extreme traffic problem. Mr. Marine urged that the Board give consideration to what the people want - and obviously, they don't want what is proposed. There is no assurance that this will be a high class Jacobsen's department store; it could be a gas station or 711 convenience store. They, therefore, request the zoning be denied. Richard Timberlake, Don Cunningham and Paul Swenson, all residents of Summerplace, presented their objections to the commercial zoning, citing the unique and tranquil environment, their desire for seclusion, and concern about the increase in traffic. Commissioner Bird noted that the people are saying "leave it as it is" but he wished to point out that there is a triangular piece of property to the south which is presently zoned commercial; it is included in the node and could be developed as such. He, therefore, believed the real question is whether we are going to move that commercial piece to the intersection. Chairman Scurlock noted that we could downzone the whole area. L. A. Pickard, 1971 West Shell Lane, believed everyone recognizes that this is a highly speculative matter for the developer. He urged that the Board consider what has happened in Martin and St. Lucie Counties and not over- develop the barrier island. The people do not need a shopping center or any more boutiques. Charles Regner and Millie Cunningham, Summerplace residents, both expressed their concern about increased traffic and the danger of walking across AlA. 31 Booz 58 Pr{ 445 I I SEP 26 1954 BooK 58 uG X46 Byron Cooksey spoke as an owner of a tract of land from AlA to Jungle Trail just north of Summerplace. He also believed it is obvious that the entire character of this area is residential. Mr. Cooksey felt there is sufficient commercial on the east side of AlA to do whatever they want, and did not believe it is in the best interests of the community to expand the commercial on the west side of AlA. Jeannette Lier, One Michael Creek Drive, Orchid, saw no reason why the node has to be 25 acres at all, and she concurred that there is sufficient commercial on the east side. She further noted that the only thing that would keep the traffic on the island is a big supermarket, and that would bring traffic from Wabasso. Mrs. Lier urged that the Board do nothing to make the traffic in the park area any worse. Celia Swenson, resident of Summerplace, spoke of the traffic created by fisherman hauling their boats to Sebastian Inlet Park, and noted that the only way they can get to that park is by 510. Michael Chason, representing the Vero Beach Trading Corp., wished to remind the Commission that there have been suggestions that a shopping center should be put on the east of AlA; however, there is a site plan approved over there so that it can't go there. Mr. Chason realized that people are concerned about traffic, but it is a fact that there are many more site plans already approved; there will be many more residents; and there will be a need for commercial. He believed it was the wisdom of the Board to put the Commercial at the intersection so the traffic could be handled internally there. Mr. Chason noted that he is not bringing a site plan before the Board today, but he wished to assure the people that they do plan an upscale shopping center. This is expensive property and will not economi- cally support a 711, etc. 32 Betty Rice informed those present that she lives on the mainland. When she goes over the bridge to go to the beach, that is where she wants to go, and if she wants to go shopping, she will go some place else. Edward Green, Rudolph Calpine, and Gladys Holmeier, residents of Summerplace, spoke in objection to a shopping center at the intersection for reasons of increased traffic, air pollution, etc. Charles Regner wished to point out that although Vero Beach Trading Corp. has stated that this would be an upgraded shopping area, we cannot count on this once the area becomes C-1. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the public hearing. Commissioner Bowman believed that no one has mentioned that the elevation of this corner lot is only 6' and she would assume it would need a great deal of fill, which she believed would destroy all the native vegetation. Commissioner Lyons noted that we have talked mainly about Parcel 1 and about the piece that is commercial. He would like to propose that all the property under consideration, both Parcel 1 and Parcel 2, lying west of AlA, end up as R -2B. Attorney Brandenburg stated that the way to accomplish that would be to deny the rezoning for Parcel 1, grant rezoning for the remainder, and direct staff to initiate a rezoning on Parcel 1 to R -2D. Motion was made by Commissioner Lyons, Seconded by Commissioner Bowman, to deny the rezoning to C-1 requested for Parcel 1 and adopt an Ordinance rezoning all that part west of AlA and south of 510, shown as Parcel 2, to R -2D. 33 SEP 26 1994 Boor 58 PAGE 447 �J BOOK 58 F�.�E 448 Commissioner Bird wished to know if the site plan for the 17 acres on the southeast side of the intersection is still valid, and if it encompasses the whole 17 acres. Planning Director Keating informed the Board that a site plan for a hotel with a number of independent struc- tures, such as villas, was approved. He believed that it did encompass the entire 17 acres; a building permit was secured and has been kept active. He did tell them, however, that if sufficient construction was not maintained to show a good faith effort, the site plan could be revoked. Attorney Brandenburg believed the it is one of the villas they have started to construct. He confirmed that our new ordinance requires that continuous construction be maintained, and if it is not for a six month period, then the building permit and zoning permit and site plans all expire. This, however, would not preclude them from coming in and asking for an amended site plan to use some of that commercial property for another purpose. Commissioner Wodtke asked when we are going to have our own version of PUD, and Planning Director Keating stated that it still is in workshop. Even after PRD is approved, however, it won't allow a contractual rezoning situation. The way it is structured, it would be a special exception use and you would have to have the underlying zoning in place at the time. Attorney Brandenburg clarified that on a special exception approval, you can place conditions on a project that you cannot normally; you don't actually enter into a contract, but can place your concerns as conditions. Commissioner Bird stated that he had mixed feelings. He sympathized with the residents of Summerplace, and after spending six years on the Planning & Zoning Commission and four years on the County Commission, he was very aware that we have not wanted a prokliferation of commercial on the 34 barrier island; however, he pointed out that many years of planning went into the decision to have a node at this location based on the realization that thousands of other people will be moving into this general area over the coming years, who will require some services and might appreciate some neighborhood shops. The hazard, of course, is that we cannot tie this applicant to just how this property would be developed, and it is possible we may need to look at this in a different light now and determine if we were in error in assuming this much commercial would be needed in this neighborhood. Commissioner Bird stated that he, therefore, would probably vote in favor of the Motion, but he wished.to emphasize that this node wasn't placed there just to aid some land owner speculation. After further discussion, the Chairman requested that the Motion on the floor be withdrawn for purposes of procedure as the Attorney has informed him the two parcels should be dealt with in separate Motions. Commissioners Lyons and Bowman withdrew their Motion. Attorney Brandenburg confirmed that the first Motion should be to deny the rezoning for Parcel 1. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, to deny the rezoning of Parcel to C-1. Commissioner Wodtke raised a question about any C-1 on the north of the intersection, and Mr. Shearer confirmed that there are two lots zoned C -1A on the northwest corner. William Carnill informed the Board that he owns the C -1A lot where there now is a residence. The subdivider's original plan called for this to be a clubhouse or something of the kind, and he believed the other C-lA lot was bought by the County to enlarge the park. 35 SEP 26 1984 BOOK 58 FAGE 449 SEP 2 6 1984 BOOK 5- Pri � -450 Mr. Chason pointed out to the Board that Vero Beach Trading Corp. came to the Commission on the basis of moving the commercial to the corner, and he did not want all the commercial taken away from them. He believed the Comprehen- sive Plan has said the node is on the corner, and his question is where those 25 acres go? Commissioner Lyons informed Mr. Chason that his next Motion would be to ask the Planning Department to revisit that corner with the node and see whether there should be any node there at all. Attorney Brandenburg clarified that the County Commission has today been presented with issues that raise questions in their mind as the extent of the commercial that should be at this location. Mr. Chason continued to emphasize that he came before the Board only to move the commercial he already has from one point to another. Chairman Scurlock again explained that the full decision won't be made today. There is one motion on the floor to deny the rezoning on Parcel 1; it appears there will be another motion to authorize staff to initiate a County rezoning of the subject property, the C-1, at which point another full public hearing would be held with full input, and possibly a third motion would be for the planning staff to revisit and reconsider the 25 acre node with the possibility of either reducing it or eliminating it. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to deny rezoning on Parcel 1. It was voted on and carried unanimously. Chairman Scurlock then opened the public hearing on the rezoning of Parcel 2 to R -2D and asked if anyone present wished to be heard. There were none. 36 a � � Attorney Brandenburg suggested that all the previous discussion during the hearing on Parcel 1 be incorporated into the Minutes of the hearing on Parcel 2 by reference. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously incor- porated all the discussion from the hearing on Parcel 1 into the Minutes of the hearing on Parcel 2 by reference. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously closed the public hearing. Mr. Chason asked if he had made himself clear. He did not understand the procedure, but he wished the Commission would withdraw their second motion; he did not wish to lose the commercial. Chairman Scurlock did not believe Mr. Chason had any option as to the Board's motion. Mr. Chason commented that whatever the Board's procedure is, he wished to withdraw changing his commercial to residential. Chairman Scurlock understood his intent, but noted that the Board has the option to instruct staff to do a County - initiated rezoning. Commissioner Lyons believed Parcel 2 includes property now R-2 and C-1, and apparently the applicant is saying he wishes to withdraw his request for rezoning. Attorney Brandenburg stated his understanding was that the applicant now wished to withdraw his request for the rezoning of any of Parcel 2, or was he saying that he would like everything but the triangle withdrawn? 37 SEP 26 1984 BOOK 58 FAnc 451I SEP 2 A 1994 BOOK 8 PACE 452 Mr. Chason explained that it was staff's recommendation and their intent to move the commercial to the corner, and he did not want to get caught in a technicality where the Commission breaks this up and accepts his request for rezoning of the present commercial to residential and denies his request for rezoning residential to commercial with the result that he doesn't have any commercial when he comes out of this meeting. Therefore, he wants to withdraw his, request for rezoning as he does not want to come out with no commercial. Attorney Brandenburg confirmed that Mr. Chason can withdraw. He believed he understood his argument. Commissioner Lyons stated that it was not his intent to get Mr. Chason caught in a trap. Discussion ensued as to what happens if he officially asked to withdraw this part of it, and Attorney Brandenburg stated that the only question left is whether Parcel 2 will be rezoned to R -2D. Commissioner Bird suggested a Motion that the portion of Parcel 2 presently zoned R-2 would be rezoned R -2D, and that portion.which is presently zoned commercial would not be included. This would leave it commercial and we would have to look at it another time, and if the County wanted to initiate a rezoning later, we could do that. That would be one motion - the other motion would be to take a broad sweep that all property in the Parcel 2 would be R -2D, but he didn't feel that would be right because the property owner has come in offering a trade to move, his commercial to another location and would end up losing it completely. Commissioner Lyons stated that it is his intent that the triangle of C-1 become R -2D, and he wished to know how we keep something from happening on that between now and the time we can get it set up for rezoning to R -2D. W3 � � s Attorney Brandenburg stated that the Board could rezone it today. Chairman Scurlock brought up the fact that the appli- cant could come in with a site plan and vested interest in the C-1. Commissioner Bird asked if the residents still would have the same objections to commercial farther from the intersection. Attorney O'Haire emphasized the residents feel that the character of this community is residential and they would prefer not to have any commercial on the west side of AlA whatsoever. If it has got to be there, they don't want it at the intersection. Commissioner Lyons believed that we really don't hurt the applicant if we rezone to R -2D today as he still has the option to come back. Commissioner Wodtke stated his problem is that we do have a Comprehensive Plan which shows a node, and he felt we would be in a much better position if we say we need to address that 25 acre node through the Comprehensive Plan. Chairman Scurlock noted his concern is the ability to get vested, which he pointed out is a problem throughout the county. Mr. Chason,reiterated that this property had and still has a zoning for commercial and for multiple family, and additionally the Comprehensive Plan says there is additional acreage in the node at the intersection. All Vero Beach Trading Corp. has done is cooperate with the County to try to make this compatible with the Comprehensive Plan, and they are not asking for anything other than what the Plan already calls for. That is why he wished to withdraw his rezoning request. Chairman Scurlock inquired if Mr. Chason owns the property, and Mr. Chason stated that he is under contract 39 SEP 26 19841400�59 453 SEP 2 6 1994 BOOK for the property and it is subject to commercial and residential just as it is zoned now. 5CeIPF The Chairman asked if Mr. Chason still would have a valid contract is he should lose the commercial, and Mr. Chason stated that he would. He continued to emphasize that he came here in good faith about moving the commercial to the corner. If the Commission is going to change the rules, he felt he should have another chance now that they are trying to separate this into two motions and take his commercial away. Commissioner Bird asked if Mr. Chason was agreeable to rezoning the parcel to R -2D and leaving the triangle commercial, and Mr. Chason stated that he did not have any problem with that; however, he wished to point out that he is not an attorney. Attorney O'Haire noted that obviously Mr. Chason has saved himself a lot of legal fees; however, this overall property has a history of creating exactly the problem the Chairman pointed out - that of getting vested rights before the County can move. He believed Mr. Chason should be aware that you cannot make a contractual arrangement on zoning, and pointed out that Mr. Chason has every opportunity to come back to the Board and ask that they take another look at this. Commissioner Lyons stated that he would make the following Motion in order to protect the county. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, to adopt Ordinance 84-66 rezoning all of Parcel 2 to R -2D. Commissioner Wodtke stated that he would have to oppose the Motion. He did not think it is fair or a proper action -I for us to take under the circumstances. He believed we need to look at the 25 acre node first. Commissioner Wodtke explained that he is not trying to reflect that it has to be commercial, but we do have a Comprehensive Plan, and if we need to change it, we should. Chairman Scurlock continued to express concern about vesting in a site plan and asked if there is any vehicle by which we can protect ourselves so that we eliminate the possibility of the applicant presenting a site plan real quick and getting vested. Attorney Brandenburg stated that he was not aware of any. It would be a matter of facing against the clock to see who gets there first. Commissioner Bird agreed with Commissioner Wodtke regarding the issue of fair play; he noted they have paid taxes on this property for years, and he doubted as valuable as this property is'that they would do a hodge-podge plan just to vest themselves. Therefore, he believed we should consider the Comprehensive Plan and study the node. Attorney Brandenburg noted another possibility would be to adopt a moratorium on site plan approvals and building permits for the time the Board is studying the node. Nancy Offutt, representing the Board of Realtors, stated that she did not want to speak on the merits of this project one way or the other, but she did believe we must protect the integrity of the Comprehensive Plan so that it can be used fairly as a plan by everyone. Mrs. Offutt felt if the Board desired to amend the Comprehensive Plan, it should be done through the legitimate amendment process. Attorney Brandenburg noted that just because something has a commercial or tourist/commercial designation under the Comprehensive Plan does not mean you have to give it a commercial or tourist -related rezoning; when you look at this, you apply all your normal zoning standards. 41 It does SEP 26 19084 Boor 8 F'".,F 455 SEP 26 1954 BooK F';E�� not require a Plan amendment to downgrade something that potentially could be commercial under the Plan. If it already has a commercial zoning, it does not mean that it has to stay commercial. All it means is that it is okay under the Plan if all the other zoning standards are right for it to be commercial. Mrs. Offutt then asked where is the reliance of the people on the Comprehensive Plan? The people have the responsibility of abiding by it, but where is the reliance on it? Attorney Brandenburg pointed out that the Comprehensive Plan doesn't say there will be twenty-five acres.- all it says is that there is a potential for commercial/tourist- commercial at this location of not more than 25 acres. Commissioner Wodtke emphasized that the Commission sat and worked on the Comprehensive Plan for a long time before designating a 25 acre node. We have not reduced the size of one commercial area; we have done nothing but expand. He is not saying that we may not need to, but that is what we have got now, and he felt strongly that there must be some kind of a reliance on the Plan. Chairman Scurlock did understand Commissioner Wodtke's concern, but noted that we have identified it is correct to do something, and if we don't take action today, then it can go ahead and happen even if it is wrong. He felt the bottom line is here, and we have never said we are infallible. C THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 2 with Commissioners Bird and Wodtke voting in opposition. 42 ORDINANCE NO. 84-66 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: Those portions of Government Lot 1 and Government Lot 2 in Section 26, Township 31 South, Range 39 East, Indian River County, Florida, lying westerly of State Road A -1-A; being more particularly described as follows: COMMENCING at the northwest corner of said Section 26; THENCE along the north line of said Section 26; South 89059137" East for a distance of 2636.16 feet to the northwest corner of said Government Lot 2; THENCE along the west line of said Government Lot 2; South 00110125" East for a distance of 40.10 feet to the Point of Intersection with the Right -of -Way -line of State Road 510 (also known as Wabasso Beach Boulevard); said Point of Intersection being also the POINT OF BEGINNING. THENCE along said Right -of -Way line: North 89°59'50" East for a distance of 742.67 feet, THENCE.South 00°00110" East for a distance of 500.65 feet; THENCE North 89059150" East for a distance of 644.60 feet to its intersection with the southwesterly Right -of - Way line of State Road A -1-A; the Base Line of which is parallel and concentric with and 50. feet northeasterly of said south- westerly Right -of -Way as described in O.R. Book 35 at Page 393 of the Public Records of INDIAN RIVER COUNTY, FLORIDA, and as shown on the Right -of -Way Map Section 8807-102; THENCE along said southwesterly Right -of -Way line for the following 3 courses: (1) South 24027136" East for a distance of 186.13 feet to the Beginning of a Curve concave to the northeast and having a Radius of 5779.65 feet; (2) THENCE along said Curve, through a Central Angle of 6043100" Southeasterly for a distance of 677.54 feet to a Point of Tangency; (3) THENCE South 31010136" East for a distance of 17.91 feet to its intersection with the South line of said Government Lot 1. THENCE along said South line: North 89°59147" West for a distance of 465.35 feet to the separative line between Govern- ment Lot 1 and Government Lot 2; THENCE along the south line of said Government Lot 2 continuing North 89°59157" West for a distance of 1320.38 feet to the Southwest Corner of said BOOK 457 SEP 26 1984 S E P 26 194 BOOK 58, FiF 458 Government Lot 2; THENCE along the west line of said Government Lot 2: North 00110125" West for a distance of 1284.20 feet to the POINT OF BEGINNING. Containing 36.853 Acres. Be changed from R-2, Multiple -Family District and C-1, Commercial District, to R -2D, Multiple -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 26t1day of September, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Cz4 DON C. SCURLOCK, JR. Chairman ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously instructed staff to restudy the node at the intersection of CR 510 and SR AlA. Administrator Wright inquired if the Board wished this study given first priority as staff now is in the process of studying the various nodes. It was indicated this should just be done in order. Attorney Brandenburg inquired whether the Board wished staff to initiate any action to change Parcel 1 to R -2D. Planner Shearer confirmed that all the property in that parcel is R-2, but there is a very small triangle on the west side, about one tenth of an acre, not included in either of these zoning requests which is zoned C-1, and he took it the Board's intent is that would be included also. On the east side there is another parcel that is currently zoned C-1. Chairman Scurlock clarified that by the Motion every- thing west of AlA would�be R -2D and everything east C-1. 44 f REZONING - SIXTY OAKS FROM R-1 TO R -2D The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: f ,tAi) VERO BEACH PRESS -JOURNAL Published Daily Vera 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 / Court, was pub- lished in said newspaper in the issues of 4 µNOTICE PUBLIC HEARING i Notice of healing .to consider the adoption of a County ordinance rezoning land from R-1, Sin- gle -Family' District, to R-213, Multiple -Family Dis-: trict. The subject property Is presently owned by Sixty Oaks, Inc..a Florida Corporation,,and is,lg sated West of Sikh Avenue (Kings Highway) South of, State Road 60 (20th Street) East pf 62nd Avenue and North of 16th Street . !„ , r .. ;;:•,, ,,The subject property ls'described as rf!e east 10 acres pt. the, west 2047 `i acres of Tract '10, Section 5,: Township 'f 33 South. 'Range 39 East, according the last•general plat of lands of, Indian -_J , River Farms Company filed in the office ? ' of the Clerk of the Circuit Court of St "Lucie County, Florida, in Plat Book 2, "?Page 25; said land now lying" and being In Indian River County, Florida. A `public hearing at,which parties in interest and citizens shall have an opportunity to be heard, :will be held by the Board of County Com- missioners of Indian River,County,'Florida, In the County.' Commission" Chambers of the .County Administration Building, located rat 1840: 25th Street, Vero Beach, Florida; on Wednesday, Sep-' tomber 26;:1984, at 9:30 a.m.. ,r any person aeciass m appsai any aecision Affiant further says that the said Vero Beach Press -Journal is a newspaper published at made'on the above matter", he/she;wiltneed a' Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore record ,of the proceedings; and for. tirvdidh ur_ Yposes,he/she'may need'.. to ensure that a vArtia= been continuously published in said Indian River County, Florida, each daily and has been tim record of the proceedings is made, which 1n-. entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- appeal' IS based and evidence upon which,the ty, Florida, fora period of one year next preceding the first publication of the attached co of epPeet`tsbased. P Y P 9 P PY o� & 9ndlan advertisement; and affiant further says that he has neither paid nor promised any person, firm l3oardofCountyCommiasionera or corporation any discount, rebate, commission or refund for the purpose of securing this t.t3y.-s-oonC Scuriock�lr y 44 ,r advertisement for publication in the said newspaper. Sept{t3;18 airman.M Sworn to and sub te Qs day of, .19 ( ness Manager) (SEAL) (Clerk of the Circuit Cdurt, IgWn River County, Florida) Chief Planner Shearer made the staff presentation, as follows: 45 SEP 2 6 1984 BOOK 58 r:cF 459 BOOK 58 F°. f. 460 TO: The Honorable Members DATE: September 11, 1984FILE: of the Board of County Commissioners SIXTY OAKS REQUEST TO RE- ZONE 10 ACRES FROM R-1, DIVISION HEAD CONCURRENCE: SINGLE-FAMILY DISTRICT, t TO R -ID, MULTIPLE -FAMILY SUBJECT: DISTRICT Robert M. Keat' g, ICP Planning & Development Director FROM:R hard Shearer, AICP REFERENCES: planned Dev. /ZC-085 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 September 26, 1984. DESCRIPTION & CONDITIONS Planned Development Corporation, acting as agent for Sixty Oaks, Inc., the owner, is requesting to rezone 10 acres located on the south side of State Road 60 and three -eights of a mile west of Kings Highway, from R-1, Single -Family district (up to 6.2 units/acre), to R -2D, Multiple -Family District (up to 6 units/acre). The applicant plans to develop the subject property in single- family attached dwelling units. On August 23, 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 is currently undeveloped. North of the subject property is Whistlewood Subdivision which contains three single-family residences and is zoned R-1. East of the subject property are citrus groves and undeveloped land zoned A, Agricultural District. South of the subject property is undeveloped land and Indian River Community College. West of the subject property is a single-family subdivision zoned R-1. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as LD -2, Low -Density Residential 2 (up to 6 units/acre). The Plan also designates a 140 acre commercial node at Kings Highway and State Road 60 which extends eastward to 43rd Avenue. In the future, the land immediately east of the subject property is anticipated to develop as multi -family housing and the land further to the east, along Kings Highway, will probably be included in the Kings Highway and S.R. 60 node. Based on this 46 future land use pattern, the proposed R -2D district would be an appropriate zoning district for the subject property. Transportation System The subject property has direct access to State Road 60 (classified as an arterial street on the Thoroughfare Plan). The proposed R -2D zoning would allow development generating up to 420 average annual daily trips (AADT). The existing R-1 zoning allows development which could generate up to 480 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 at the present time. However, County water should be available within one year.and County wastewater facilities are projected to be available for this area in the near future. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the public hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 84-67 rezoning 10 acres from R-1 to R -2D as requested by Sixty Oaks, Inc. 47 SEP 6 1984 soo8 LAIj 46 SEP 26 1954 BooK 58 P,.1462 ORDINANCE NO. R4-67 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 10 acres of the West 20.07 acres of Tract 10, Section 5, 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, Page 25; said land now lying and being in Indian River County, Florida. Be changed from R-1, Single -Family District, to R -2D, Multiple -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 26thday of Sentemher 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: / G DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 3rd day of Oct. , 1984. Effective Date: Acknowledgment from the Department of State received on this 5th day of Oct. , 1984, at 11 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 torney M REZONING - 9.5 ACRES FROM R-2 TO MED (V. RUSSELL) V The hour of 9:30 o'clock A.M. having passed, the. Deputy Clerk read the following Notice with Proof of Publication r 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 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, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscri (SEAL) day of (Clerk of the Circuit Court, I 19 Z� Manager) River County, Florida) NOTICE PUBLIC HEARING Notice of hearing to consider the adoption of a County ordinance rezoning land from R-2, Mul- tiple-Famify District, to MED, Medica;District. The subject property is owned by VIRGINIA WALKER RUSSELL and Js located North of 37th Street (Barber Avenue), 1/a mile East of U.S. High way No. 1. 1 , The subject property is described as A parcel of land in Section 26, Township . ,4 32 South, Range 39 East being more particulariydescribed-as foflows:- The South. 715:00 feet of, the Southeast one-quarter ('A), of the. Southeast one ;quarter• ('/a) less the East *690 feet, and -Jess the South_55 •feet.tor roadway right of -way. Containing a net of 9,512 acres, more or less, lying wholly in, Indian River County, Florida.P. A public hearing at'°which parties In Interest and citizen's shall have. AM opportunity to lye' heard, will be field 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, Sep- tember 26, 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 suph,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. + c` Indian River County fit - Board of County Commissioners : s B -Don C Scurlock Jr Chairman Sept. 6, 18, 1984.' ti Chief Planner Shearer made the staff presentation, as follows: 49 RAM SEP 26 1954 BOOK 58 EqG G 4-63 PF_ BOOK 58 PaF 464 TO: The Honorable Members DATE: September 11, 1984FILE: of the Board of County Commissioners VIRGINIA RUSSELL RE- QUEST TO REZONE 9.5 DIVISION HEAD CONCURRENCE: ACRES FROM R-2, MULTI- PLE -FAMILY DISTRICT, TO _,�,, SUBJECT: MED, MEDICAL DISTRICT Robert M. Keati g,. ICP Planning & Development Director FROM: Richard Shearer, AICP REFERENCES: Russell/ZC-086 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 September 26,'1984. DESCRIPTION & CONDITIONS Virginia Russell, the owner, is requesting to rezone 9.5 acres located on the north side of 37th Street (Barber Avenue) and one-quarter mile east of U.S. Highway 1, from R-2, Multiple - Family District (up to 15 units/acre), to MED, Medical District. The applicant intends to develop this property for a rehabili- tation hospital. On August 23, 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 citrus grove. North of the subject property are more citrus groves. East of the subject property is a nursing home which is currently zoned C-lA, Restricted Commercial District. Further east are citrus groves which are zoned R-lA, Single -Family District (up to 4.3 units/acre). South of the subject property, across Barber Avenue, are the Medical Arts Center, the Neurological Associates building, the North River Center professional building, the Vero Beach Care Center (a nursing home), and undeveloped land zoned C-lA. East of these properties is Indian River Memorial Hospital. West of the subject property is a single-family subdivision, zoned C-lA and R-2. Future Land Use Pattern The Comprehensive Plan.designates the subject property as MD -1, Medium -Density Residential 1 (up to 8 units/acre). However, the Plan also designates a 130 acre hospital/commercial node north of the hospital, along Barber Avenue. The subject property is contiguous to property to the east and to the south 50 which have developed in medically -related uses. Including the subject property in the node would be a natural extension of the node. Transportation System The subject property has direct access.to 37th Street (classified as a secondary collector street on the Thoroughfare Plan). Rezoning the subject property to MED district could attract up to 888 average annual daily trips (AADT). The current R-2 zoning allows development that could generate 532 AADT. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water is available for the subject property. City wastewater facilities may be available for the subject property on a temporary basis. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. Mr. Shearer noted that this property is contiguous to property rezoned last week, and staff feels this also should be included in the hospital/commercial node. The Chairman asked if anyone present wished to be heard. Reverend Isaac Charles, Pastor of the Church of God by Faith, located at 1705 38th St., stated that his personal address is 945 Bahama Avenue, Stuart. He informed the Board that the church property runs adjacent to the property under discussion, and he and members of his congregation were at the previous meeting to oppose the rezoning. Because of the nature of their church services, they are concerned about the future, and no one could assure them that there would not be some kind of low noise ordinance for the area. They do now enjoy the freedom of expressing themselves in their religious practices. Also the residents of the community have been there for a number of years, and remember this location as home. They fear if this is rezoned, it would mean higher taxes and also more jeopardy of losing what they 51 SEP 26 1984 BOOK 58 F,.,F 465 BOOK 66 call home. Reverend -Charles understood what is planned for the subject property is some kind of care unit, and he asked if the Commission could assure them that their religious freedom and the heritage of their families will be preserved. Commissioner Lyons stated he was certainly sympathetic to that. He believed that entire country has religious freedom, but understood that the Reverend's concern apparently related to their services being noisy sometimes. He did believe that people have a right to reasonable use of their property, and he doubted the noise would be such that it would cause much objection. Reverend Charles explained that not only do they sometimes hold bible meetings outside, but some of their meetings are broadcast outside. The community as it exists now has no objections, and he believed his congregation would prefer multiple family to having to tangle with the hospital. Chairman Scurlock pointed out that there is always the possibility of having some objections, even with just residential development, and there is no way the Commission can assure them that no one will ever complain about noise. Commissioner Bird explained that the Commission's option would be to allow either a medical facility on that site or multiple family residential, and he felt with the hospital type structure, we would be able to provide more buffering, etc., than we could with residential. There is, however, always a chance that someone will complain. In further discussion, regarding noise, it was noted that this property is right in the airport flight pattern; the runway is not far away; and there are jets taking off quite often. Commissioner Lyons questioned the County Attorney as to the church people's rights to continue their practices, and 52 M M _I Attorney Brandenburg stated that actually what it amounts to is an accommodation between neighbors; we do not have a noise ordinance now. The only right the hospital would have would be to come to them as good neighbors and ask for their cooperation. Reverend Charles noted that they do have plans to expand their church building. Attorney Brandenburg further explained that when you use your property and some aspect of that property invades another's property, you cannot expect that individual to forever keep the nature of that property just so for your benefit; he may want to use it for his own benefit, and the neighbors will have to work with it unless there is an ordinance controlling. There may be a noise ordinance in the future. Reverend Charles felt the new owners must consider what is around them, and their church has been there for years. Commissioner Bird believed we are putting them on notice today about the situation that exists, and it is a "buyer beware" situation. Commissioner Bowman pointed out that most hospitals are well insulated and air conditioned and not likely to open a window. Reverend Charles continued to stress that they have a right to their religious freedom even though some people may term their practices "barbaric" and their services can get LOUD! He stated that the entire congregation opposes the proposed rezoning. The Chairman asked if anyone else wished to be heard. Robert "Flip" Lloyd, Engineer, appeared representing the Russells. He stated that they can appreciate the Reverend's concerns, but wished to note that the Russells are far from being newcomers to this county, and they do have a right to the use of their property. 53 BOOK 59 `�,k ,,C. 46 1 SEP 26 1994 Boaz 58 F,A,E X68 Commissioner Wodtke felt sure that the Russells and whoever they might contract to sell the property to would take the Reverend's concerns into consideration. He did feel that with a choice of possible residential units or a health care facility, that the church would experience less of a problem from the hospital type structure since we are in a better position to be able to provide some assurances with the site plan approval process, which would not apply in the residential area. Reverend Charles wished to go on record that the Board does not understand the power of persuasion from the Gospel, and that he stands a better chance with influencing people than commercial enterprises. He wished to know if the Russells have a prospective buyer. Mr. Lloyd confirmed that they do have a buyer who does intend to build a rehabilitation hospital. Discussion continued at considerable length along the same lines, and the Reverend wished to know how this would affect the value of contiguous property. It was pointed out that this cannot be said with any degree of accuracy since it depends on the market. James Hudson, resident of 38th St., stated that he owns property adjoining the subject property, (about 8 lots on the south side of 38th St.) and he wished to know if the property between the Russell property and the highway would be rezoned for commercial. His property is between the church and the highway, and he wants to preserve his property for his children. Planner Shearer assured Mr. Hudson that his property would remain residential. He explained that we are not considering rezoning anything other than the subject property today, but there is always the possibility that this could change in the future, if someone came in and applied for a change. In such a case, all property owners 54 M / within 300 feet would be notified before a decision was made. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the public hearing. Commissioner Bird stated that he would make a Motion for approval of the rezoning based on the feeling that the medical proposal will provide the best assurances to the church people. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously adopted Ordinance 84-68 rezoning the 9.5 acre Russell property to MED. Commissioner Wodtke requested that staff notify Reverend Charles so that he can be involved as much as possible with site plan approval. M1 SEP 26 1984 Boaz 58 FnI1 469 SEP 26 1994 BOOK 5S, F': r. 4 7 Q ORDINANCE NO. 94-68 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: A parcel of land in Section 26, Township 32 South, Range 39 East being more particularly described as follows: The South 715.00 feet of the SE4 of the SE4 less the East 690 feet, and less the.South 55 feet for roadway right-of- way. Containing a net of 9.512 acres more or less, lying wholly in Indian River County, Florida. Be changed from R-2, Multiple -Family District, to MED, Medical 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 26th day of Sentemrer 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: G DON C. SCURLOCK, J16/ Chairman Acknowledgment by the Department of State of the State of Florida this 3rd day of Oct. , 1984. Effective Date: Acknowledgment from the Department of State received on this 5th day of Oct. , 1984, at 11 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. . ZRANDENBURG", County Attorney 56 2 AMENDMENT OF MAIN EXTENSION AND SERVICE AVAILABILITY POLICY GENERAL DEVELOPMENT UTILITIES.,_�� The hour of 10:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -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 Court, was pub- lished in said newspaper in the Issues 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 subsc ' ed fore to day of 19 J iness Manager) (Clerk of the Circuit Court. ian River County, Florida) (SEAL) INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners, Indian River County, will hold•a public hearing in the County Commission Chambers at 1840 25th Street, Vero Beach, Florida. on Wednesday the 26th day of September, 1984, at 10:15 o'clock, A.M., to. consider the request of General Development Utilities, Inc., to amend its Main Extension Policy and Service Availability Policy for the Vero Beach Highlands and Vero Shores Water and Sewer Division. The Commission wilt also consider Staff's request to amend Resolution No. 83-109, Section 23, Paragraph 1 as fol- lows: The Utility hereby agrees to pay to the County a franchise fee In the amount of six percent (6%) Of the Utility's annual gross receipts derived from monthly service charges to defray the cost of regulation and for use of County's rights-of-way and public places. The Utility shall pay the 5% fran- chise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. The amendment to the Main Extension and Service Availability Policy will reflect the following changes in the initial connection charges as follows: " Water Proposed Plan Capacity Present.0 per per GPD $ 1.58 per GPD (Avg.) Line Extension $ 5.00 per Foot $ 6.51 per Foot Impact Fee – - $388.00 per ERU - - Meter Connection (r/. $100 $150.00 t Meter Connection (1")$150.00; $200 00 II E Meter Connection (1 r i � $250.00 $400.00 Meter Connection (2'1 $350.00 Sewer Presets Present Plant Capacity $ 75 per GPD , $ 675.00 = Sewer $12.0Q per Foot $1.222.50 The effect on a single family residential until with a Wt.x r/."'water meter and 80 feet fronting On the water and sewer mains, for example, is as follows: Proposed'" , Proposed:. Water $ 2.48 per GPD (Avg.) $1,388.00 Sewer i.!,. $15.7 per $1.758.00 These rates will be charged to customers at the time of Initial connection to the system. New cus- tomers will be provided this information at time of request for connection. These charges are non-recurring and will be paid only once by each new customer at time o' connection. These charges are not applicable to current customers of General Development Utili- ties, Inc.. ;. :— , All interested parties. will be heard. >, Dated this 17th day of September, 1984. r Board of Indian River County Commissioners Indian River County Florida a mlanChaScurlock Jr F Sept. 19, 1984 "f n ' e v L ------------------ Franchise Administrator Joyce Hamilton reviewed the following memo, etc.: 57 SEP 26 1984 BOOK 58 FA r, 471 SEP 2 6 1954 BOOK 58 Pg -472. TO: The Honorable Members of the DATE: September 17, 1984 FILE: Board of County Commissioners THROUGH: Terrance G. Pinto, i ector Utility Services < REQUEST FOR AN AMENDMENT OF SUBJECT: MAIN EXTENSION & SERVICE AVAILABILITY POLICY O FRetor M.Joyce S. Hamilton .) GDU's Request Franchise AdministREFERENCES.B) Rate Review Comm. Report Utility Services C) Staff Resolution/Fr. Fee D) GDU Resolution/Amendment bESCRIPTION AND CONDITIONS: General Development Utilities, Inc., has requested (Exhibit "A") an amendment to their main extension and service availability policy as granted in Resolution No. 83-122. Staff is requesting the Commission to also consider a resolution (Exhibit "C") which will amend Resolution No. 83-109 to provide for a franchise fee of six percent (6%) to be paid to the County quarterly. ALTERNATIVES AND ANALYSES: The Rate Review Committee's evaluation is attached as Exhibit "B". The Committee found the charges were calculated in a reasonable manner and are fairly stated. However, as noted in Exhibit "B", there are serious concerns particularly item number four with the language and content in the policy. In reviewing the resolution submitted by GDU, staff has recognized the need to rephrase the opening sentence of Section 14 to read: The rates charged by the Company for its service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on an approved rate base under efficient and economical management. Staff has not received any complaints regarding the water and/or wastewater quality since GDU's last public hearing held in Nov- ember, 1983. In staff's resolution to amend Resolution No. 83-109, we are requesting that the language in 83-109 which provided for an amount to be paid to the County when added to the amount of all county taxes, licenses, and other provisions levied or imposed upon the utility's property, business or operations for the pre- ceding tax year, would equal six percent (6%) of company's gross revenues excluding contributions in aid of construction and connection charges from the sales of water and sewer service to residential and commercial customers served by the utility's systems in Vero Shores and Vero Beach Highlands within the unincorporated area of the County for the twelve fiscal months preceding the applicable anniversary date, be changed to read as follows: The Utility hereby agrees to pay to the County a franchise fee in the amount of six percent (6%) of the Utility's annual gross receipts derived from monthly service charges to defray the cost of regulation and for use of County rights-of-way and public places. The Utility shall pay the six percent (6%) frara'chise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. RE t RECOMMENDATION: Staff does not have a problem with the charges requested, however, staff recommends the concerns noted in the Rate Review Committee's report be addressed and the opening sentence of Section 14 of proposed resolution be reworded as.proposed by staff prior to recommending approval of requested amendment to the service availability and main extension policy. Staff does recommend the Board approve the resolution regarding the franchise fee. General Development Utilities, Inc. 1111 SOUTH BAYSHORE DRIVE MIAMI, FL 33131 Honorable Don C. Scurlock, Jr. - Chairman Indian River County Commission 1840 - 25 Street Vero Beach, FL 32960 EXHIBIT "A" 3s , (305)350-1331 July 24, 1984 Re: Request for Public Hearing pertaining to the General Development Utilities, Inc. Service Availability and Main Extension Policy for Vero Beach Highlands and Vero Shores Water and Sewer Division Dear Mr. Scurlock: Pursuant to Section 17, of a Resolution dated April 5, 1960, filed for record on April 17, 1964, titled "General Development Utilities, Inc. Water and Sewer Franchise" as amended, General Development Utilities, Inc. hereby gives -notice that the Company deems it necessary to amend its Main Extension and Service Availability policy for its Water and Sewer Division for Vero Beach Highlands and Vero Shores. The present charges for plant capacity, main extension charges and meter connection charges and those proposed are reflected below. Water Present Plant Capacity $ .50 per GPD Line Extension $ 5.00 per Front Footage Impact Fee ---- Meter Connection (3/4") $100.00 Meter Connection (1") $150.00 Meter Connection (112") $250.00 Meter Connection (2") $300.00 Sewer Present Plant Capacity $ .75 per GPD Line Extension $ 12.00 per Front Footage Provosed $ 1.58 per GPD $ 6.51 per Front Footage $388.00 per ERU $150.00 $200.00 $300.00 $400.00 Proposed $ 2.48 per GPD $ 15.77 per Front Footage 59 SEP 26 19084 nor 8 =�MUE 47 a BO, �� rr:,F ��� SEP 26 1984 The effect on a single family residential unit with a 5/8" x 3/4" Water Meter and 80 feet fronting on the water and sewer mains, for example, is as follows: Present Proposed Water $ 675.00 $1,399.00 Sewer $1,222.50 $1,758.00 These charges are non-recurring charges to be paid once by each new customer at time of connection. A. document entitled "Service Availability and Main Extension Policy" has been submitted to Mr. Terry Pinto Utilities Director, for his review and will be submitted by him to the County Commission prior to the public hearing. I am enclosing a copy for your information and use with the changes underlined with present and proposed rates high- lighted. We request that Section 14 of the original franchise resolution as amended be further amended to include the proposed increased charges and that the policy set forth in the aforementioned document be made a part of the franchise granted to General Development Utilities, Inc. by the Board. Ten copies of the application are submitted with the original for distribution to the other County Commissioners, the County Attorney, the County Administrator, County Clerk and Utilities Director. If you have any questions, ase advise IES, INC. Nancy H R� Corp ate CVunsel Utilities Director Pinto noted that the Utility Department had some concerns, as set out in the following memo of the Assistant Utility Director, and these were discussed with GDU prior to this hearing. He stated that staff does concur with their requested rate increase, which is a connection fee rate that ultimately has a positive impact on the user chart rate because it reduces their ---- investment in the system. .E TO: Joyce Hamilton DATE: Franchise Administrator September 17, 1984 FILE: SUBJECT: RATE REVIEW COMMITTEE REPORT FROM: Joseph A. Baird REFERENCES: GDU Request for Amendment Assistant Utility Director of Main Extension and Service Availability Policy The charges by General Development Utilities for plant capacity, main extension charges and meter connections were calculated in a reasonable manner and are fairly stated. However, we have the following problems with the language and content in the Service Availability and Main Extension Policy: 1. Throughout the document, it gives the impression and in cases directly states the Public Service Commission is its governing body. Where this occurs, it needs to be changed to Indian River County Board of County Commissioners. 2. Section 1.0 General Policy: "Service Availability and Main Extension Policy" states the Utility will make available service and extension of service under said Rules, subject to matters of economic feasibility as defined in Rule No. 25-10.21 of the said Commission Rules and Regulations. We would like to see a more explicit formula. As an example, a formula stating a specified number of commitment per 1,000 feet. 3. Section 3.0 Main Extension and Connection (Plant Capacity) Charge: The impact fee pass-through to Indian River County Utilities in the amount of .$388.00 per ERU is incorrect. Indian River County is requiring a pass-through equal to current impact being imposed at that time. Presently, the current impact fee is $380.00, however, this fee changes periodically. 4. Prior Policy: Under a previous program, Utility constructs water facilities at its own costs covering approximately 270 lots to which water service would be extended by Utility within sixty days after the building permit has been obtained and notification of commencement of con- struction has been given. The cost of such water facilities is to be done solely by Utility as an investment. We have a problem with the Utility handling this as an invest- ment. 5. 150 Extension Outside Territory: Providing service outside Utility's territory involves formal notice and formal proceedings before the Florida Public Service Commission -this should read Indian River County Board of County Commissioners not Public Service Commission. 61 SEP 26 1984 BOOK 5 N F475 I SEP 2 6 1984Boor 58 F„;, 47 Chairman Scurlock asked about the ratio of the impact fee vs. the rate structure. Wayne Cliburn, Manager of Rates and Regulations for GDU, stated that the rates were designed, at the behest of the County Commission, to recover 75% of the investment. Commissioner Bird stated that he was somewhat appalled at the impact fee on water and sewer which would be over $3,000 for a single family home, but he realized this is intended to shed some of the burden from the monthly rate payers. Utilities Director Pinto clarified this would be taking 75% of the cost to service a customer, not as service charges but as capital investment, and recovering that specifically from the customer whom it is going to serve, and it doesn't make it part of the rate base, which is recovered within a service charge. Chairman Scurlock felt that was consistent with our approach. Director Pinto then discussed the proposed language re the 6% franchise fee, and the fact that this 6% will be shown as a separate additional charge on the utility bills. Commissioner Wodtke believed the customer undoubtedly will feel that this is an increase in rates even though the total on his monthly bill remains exactly the same. Director Pinto clarified that one of the reasons we have taken the position that we want the utility to identify on the bills that it is a franchise tax and not included in the bill, is so we can respond to it. Some counties don't want this shown because they don't want to address it. Chairman Scurlock agreed that we don't want to hide it. Utilities Director Pinto requested GDU to outline their concerns so we can get it into the record that they have agreed to the changes that we have suggested. 62 Mr. Cliburn addressed the recommendations from staff point by point, stating that their first qualification would be the rephrasing of the first sentence of Section 14. He confirmed that the staff and the utility have basically agreed to remove the words "as approved" from the section that reads - "The rates charged by the Company for its service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on an approved rate base under efficient and economical management." Mr. Cliburn continued that the next recommendation in the memo of Mrs. Hamilton, dated September 17,'related to the payment of the 6% franchise fee, and they have no problem either with the verbiage or the method by which they would pay the quarterly franchise fee or with stating said franchise fee on the utility bill. Mr. Cliburn then addressed the items in the memo writ- ten by Assistant Utility Director Baird, "Exhibit B", as follows: Item 1 - He agreed to remove any reference in the Service Availability and Main Extension Policy to the Florida Public Service Commission and insert where appropriate Indian River County Board of County Commissioners. Item 2 - Section 1.0 General Policy: Mr. Cliburn stated that they have agreed the general policy would be as stated in the remainder of the same and what they probably would do, would be send to the Utilities Division a procedure by which they would determine the economic feasibility or consider extending service. Item 3 - Section 3.0 (Plant Capacity) Charge: Mr. Cliburn stated that the $388 per ERU verbiage would be changed so that $388 would not be specified but it would state that the impact fee is paid directly to Indian River County and is subject to change. 63 SEP 26 1984 Bou 58 FacE 477 SEP 6 1984 BOOK 58 `' ,� 478 . Item 4 - Prior Policy: Mr. Cliburn confirmed that the agreement would be that the verbiage would read something to the effect that the difference between the prevailing rates and the rates paid would be treated as a contribution in aid of construction as opposed to being treated as an investment. Item 5 - Extension Outside Territory: Mr. Cliburn agreed that this should be changed to read that GDU would be providing service outside the utility's territories subject to Indian River County as opposed to the Public Service Commission. Director Pinto informed the Board that with those changes, staff recommends approval. Commissioner Bird wished to know when this would go into effect, and Director Pinto stated immediately, which was confirmed by Attorney Brandenburg. Commissioner Bird inquired about the current charge for connection, and Director Pinto pointed out that actually it is not costing the present customers any more as the charge is just being addressed to those connecting. Commissioner Wodtke asked about those people who bought lots and were paying over the years for rights to water and sewer. Mr. Cliburn explained that they will pay the current rate, but when they do come in to hook in, the office will check what they have paid into escrow over the years, and they will pay the balance due at the time of connection. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 84-68 amending Resolution 83-109 providing for the franchise fee to be paid quarterly. i 64 I RESOLUTION NO. 84-68 A RESOLUTION TO AMEND RESOLUTION NO. 83-109 PROVIDING FOR THE FRANCHISE FEE TO BE PAID QUARTERLY TO THE COUNTY. 1. Section 23 of Resolution No. 83-109 is hereby amended by substituting the following paragraph for the first paragraph of that Section. The remainder of Section 23 shall remain the same. SECTION 23 The Utility hereby agrees to pay to the County a franchise fee in the amount of six percent (6%) of the Utility's annual gross receipts derived from monthly service charges to defray the cost of regulation and for use of County rights-of-way and public places. The Utility shall pay the six percent (6%) franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this resolution to be executed in the name of the County of Indian .River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all.pursuant to the resolution of the Board of County Commissioners adopted on the 26th day of' September 1984. Signed, sealed and delivered in the presence of: APPROVES�TO FORM AND LEGAL FF IENCX : � airM�'Branden`5ur9 ou ty'Attorney COUNTY OF INDIAN RIVER G By: Don C. curlock bpF. Chairman Board of County Commissioners ATTEST: Freda Wright, CI,6rk 65 SEP 26 1934 e00F 58 F', �F 479 SEP 2 6 1984 BOOK '8 F°E 480 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 84-69, amending the GDU water and sewer franchise agreement to in- crease the main extension service availability charges and adopt the main extension service availability policy. RESOLUTION 84-69 will be made a part of the Minutes when completed and received. PRIMARY CARE PROGRAM INITIATIVE Dr. Tucker, County Health Director, came before the Board to discuss the request for proposals for Primary Care Program Initiative issued by the HRS. He explained that late in the term the Legislature approved ten million dollars for this program to be funded through County Health Units, and they require an expression of support by the County Commissions, which would be evidenced by signing of a Letter of Intent. Dr. Tucker continuedfreported that currently Indian River County has only the bare bones minimum of a primary care program which is federally funded through Florida Community Health Centers, and this is very limited and inadequate in the judgment of people in the field. It now appears, however, that funds recently appropriated for the so-called Wabasso project have been rescinded, and therefore, a Primary Care Program is very badly needed. Although the funding level is inadequate, Dr. Tucker felt it is a step in the right direction and a chance to get some- thing started. He noted that if we are late in submitting a plan, we will be in the position of grabbing what is left, and that is why the urgency to sign the Letter of Intent. 0 Chairman Scurlock inquired about cost, and Dr. Tucker stated that there is no request for County matching money. It is strictly a state program. Commissioner Bird inquired what effect, if any, Dr. Tucker saw this having on the local medical profession. Dr. Tucker reported that the Medical Society has agreed to form a committee to share advice, guidance, input, etc., and he anticipated much discussion, but believed this is some funding for a program which we do not have now and he felt it will be accepted. Commissioner Wodtke asked who will administer this, and Dr. Tucker stated that the County Public Health Units will, and they will, in turn, subcontract. He would like the broadest base in -county groups as possible and would first offer it to the Medical Society to get their opinion as to the best way to go. His options are prioritized as follows: 1. Work with a broad base group of physicians here. 2. Work with individual groups in the county already in existence. 3. Possibly work with Florida Community Health Services. 4. Work with the newly created HMO in an adjacent county. Commissioner Wodtke felt we need to be aware of where we are with Florida Community Health Center, because from what he understood those free services which they were offering with their mobile group and which they were to -take to the Wabasso School, are just flat gone, and he did not even know what the status of our agreement with them is. Attorney Brandenburg stated that he will have to look at the contract and provide an update at the next meeting. There were time frames they had to meet and they extended the time period on one occasion. Chairman Scurlock asked what action we should take on the Primary Care Program, and Commissioner Lyons felt that we should indicate that we are in agreement with the theory of the operation. M. SEP 26 1984 BOOK 58 FAGF 4©1 L S E P 26 1984 BOOK 5,9 F`',F 482 Commissioner Wodtke expressed concern about the state making 10 million available this year and possibly only 2 million next year and expecting the County to make up the difference. Dr. Tucker believed there will be an on-going program if we can demonstrate effective management. Commissioner Bird inquired about subcontracting through - local physicians and asked if they would be paid by Dr. Tucker. Dr. Tucker stated that is correct. We presently have a similar program much more limited in scope re pregnancy, and it seems to be working well. He stated that the figure we are proposing is $350,000. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Chairman to sign the Letter of Intent to Stephen King, M.D., State Health Officer, re funds to provide Primary Care service in this county. M I S'1 -All. OW FIA )HII )A 1.)EPAI t -N4ENT OF I -iEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT 2525 14th. Avenue Phone (305) 567-1101 Vero Beach, Fla. 32960 Sun -Com 451-5302 Sept. 25, 1984 LETTER OF INTENT Stephen H. King, M.D. State Health Officer and Staff Director Health Program Office Department of Health and Rehabilitative Services 1317 Winewood Blvd., Bldg. 1, Room 115 Tallahassee, Florida 32301 Dear Dr. King: This letter is to officially notify you of the intent of the Indian River County Commission and the Indian River County Public Health Unit to submit a proposal for funds to provide primary care services in this county. This action has been discussed with the Board of Indian River County Commissioners. We intend to submit our proposal no later than Nov. 1, 1984. The document will propose the provision of primary care services in an amount not to exceed $350,000. These services will be provided through the County Public Health Unit, by subcontract with an Indian River County provider group. Please direct all official correspondence on this matter to the following: J.B. Tucker, M.D. Director, IRCPHU 2525 14th. Ave. Vero Beach, Fla. 32960 CC: L. Dougher, District IX Administrator Sincer ly✓ IA- C� . Tuc er, M.D. irector, IRCPHU on . Scurlotk, Jr. Chai n ii - Indian River Board of County Commissioners 1 U )1t ( RAI IAM. (A )V :ItNO R SEP? 6 1984 Boos Vq FA( --F48 SEP 26 1984 BOOK 58 8 /PRE -APPLICATION FOR MATCHING FUNDS TO CONSTRUCT SHERIFF'S COMMUNICATIONS AND E.O.C. BUILDING Administrator Wright reviewed the following memo: TO: The Honorable Members of DATE: September 18, 1984 FILE: the Board of County Commissioners Pre -Application for Matching THRU: Michael Wright SUBJECT: Funds to Construct I.R.C. - County Administrator Sheriff's Communications and E.O.C. Building H.T. "Sonny" De FROM: General Services ir. REFERENCES: Staff has contacted Sheriff Dobeck and confirmed his contribution of $100,000 plus from the Forfeitured Property Trust Fund and the allocation of $25,000 from Federal Revenue Sharing and $40,000 from the Village Green D.R.I. 'requirement, to construct sub- ject building. The remaining required funds will be met with in-kind match.' The enclosed pre -applica- tion is to request Federal Matching Funds to complete the project. It is requested that the Chairman of the Board sign the required documents in order to expedite our appli- cation. MOTION was made by Commissioner Lyons, SECONDED by Commissioner Bird, that the Chairman be authorized to sign the necessary documents to request Federal Matching Funds for the Communications and E.O.C. Building. Administrator Wright reported that the current balance in that fund is about $203,000. Commissioner Bird commented that he had lost track of this project and was surprised that it is this close to reality. Administrator Wright felt that we have a good shot at it. It seems there is some state money available, and we 70 1-11 have to guarantee our money, which is what we are doing. This was budgeted, and the next step, if we get the state funds, is to hire an architect; we are looking at the jail site. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Said Documents, pre -application, letters of Authorization, etc., are on file in the Office of the Clerk. V EMERGENCY MANAGEMENT REPORT ON STORM (Isidore) Administrator Wright noted that the storm seems to be moving towards us, and we have taken some precautionary activities and are getting ourselves ready. Emergency Management Director Stephen Wells informed the Board that the storm hasn't strengthened since last night and has winds between 40-50 mph. It is about 160 miles southeast of Miami and moving west northwest, but we cannot guess what it will do. Miami has a 51% possibility of being affected and Fort Pierce 31%. Mr. Wells believed we may get some 40 mph winds here, which are gale winds. We have had a good deal of rain already this month and another 2-3 inches could cause problems. It was noted that we do not want to over -react, but just take precautionary measures, such as close beaches to , swimming, surfing, etc. Administrator Wright reported that the Director Davis is staying in contact with the Water Management District. Gale warnings are in effect from Cape Canaveral to the Tortugas, but there is no need for evacuation at this point. ROAD CLOSING FOR CITRUS GROVES Administrator Wright reported that we have had a number of requests from grove owners in regard to closing roads 71 SEP 2 6 1984 BOOK 8 PAcr_ 485 L SEP 2 6 1984 BOOK 58 FH;E 4S6 into the groves because of the threat of spreading canker. We have closed one on Jungle Trail. What he would like the Board to do today is give him the authority on a discre- tionary basis to restrict travel on roads that have no special use to the public until the canker problem is cleared up. Commissioner Lyons believed that this is of great economic import, and if there is a reason to close a road whether public or not, it should be closed. Administrator Wright noted that we will have to rent some material to barricade roads. Commissioner Lyons wished to know if the Sheriff has the ability to enforce our barricades, and the County Attorney confirmed that he did. Chairman Scurlock inquired what amount the Adminis- trator would like to be authorized to spend, and Public Works Director Davis felt $3,000 would be about enough as long as our crews are installing the signs, etc. The biggest expense is for an outside crew to come in, and we will do this with our traffic crews as much as we can.' It was generally agreed the Administrator can use his discretion, and noted that there is an appeal provision. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously gave the Administrator the authority to close roads into groves at his discretion as discussed for an amount not to exceed $3,000. °CHANGE ORDER #1, CONTRACT #2, POTABLE WATER DISTRIBUTION Cp SYSTEM EXPANSION - SR 60 LL� d The Chairman requested that the Board refer to the material on Pages 199 thru 206 of the agenda backup material. Staff memo and attachments are as follows: 72 TO: The Honorable Members of the DATE: September 18, 1984 FILE: Board of County Commissioners THROUGH: Michael Wright County Administrator CHANGE ORDER #1, CONTRACT #2 SUBJECT: POTABLE WATER DISTRIBUTION SYSTEM EXPANSION 1 , FROM: Terrance G. Pint REFERENCES: A) Contract #2, Utility Services Director Change Order #1 DESCRIPTION AND CONDITIONS: The County's consulting engineers for the Rt. 60 waterline expansion have requested that Contract #2, Potable Water Distribution System Expansion, Change Order #1 be approved to provide road cuts and installation of service points of connection for existing and proposed developments that the original design did not provide. Mr. Moler's letter of explanation is attached as Exhibit "A". RECOMMENDATION: Staff recommends the change order be approved and the Chairman be authorized to sign attachment "A". S SIPPEL, MASTELLER, LORENZ M HOOVERS INC. CONSULTING ENGINEERS • LAND PLANNERS Post Office Box 1045 Sebastian, Florida 32958 (305) 589-4800 Mr. Terrance G. Pinto, Director Indian River County Utilities P. 0. Box 1750 1840 25th Street Vero Beach, Florida 32960 September 14, 1984 RE: Indian River County Project U84-1 Potable Water Distribution System Expansion Contract Change Order #1 dated August 29, 1984 Dear Terry, As you are aware, Change Order #1 for Contract #1 - 750,000 Gallon Elevated Water Storage Tank has been executed to reduce the Contract amount by $19,200.00. Since additional funds are available from Contract #1 in the amount of $19,200.00, we agree with your office that it would be prudent to increase the scope of work for Contract #2 as follows: 73 SEP 26 1994 BOOK �8 P"GE4,87 J SEP 2 6 1994 BOOK 488 At major intersections along the project route, it would be more efficient and less costly to the County to construct extensions off of the major transmission main to opposite sides of major intersections during this construction contract. Based on our discussions with you, the Change Order has been prepared to add the following extensions to the Contract: 1. A 12" 0 water main will be extended from the north side of Oslo Road to the south side of Oslo Road on the east side of 27th Avenue, 2. An additional length of 20" 0 water main will be ex- tended from the east side of 43rd Avenue to the west side of 43rd Avenue on Oslo Road, 3. A 12" 0 water main will be extended from the south side of 8th Street to the north side of 8th Street on the west side of 43rd Avenue and a 12" 0 water main will be extended from the west side of 43rd Avenue to the east side of 43rd Avenue on 8th Street, 4. A 12" 0 water main will be extended from the west side of Kings Highway to the east side of Kings Highway on the south side of 12th Street. The net change in the Contract price for Contract #2 will be increased by $19,918.90 which will increase the Contract amount from $1,043,491.25 to $1,063,410.15. Please let me know if you need any additional information in order to process Change Order #1 for Contract #2, which was forwarded to your office on September 7, 1984. Sincerely yours, SIPPEL, MASTELLER, LORENZ & HOOVER, INC. A E. ler, P.E. ph 74 � � r S SIPPEL, MASTELLMS OREN2 & HOOVERS NC. M CONSULTING ENGINEERS • LAND PLANNERS Post Office Box 1045 Sebastian, Florida 32958 (305) 589-4800 September 7, 1984 Mr. Terrance G. Pinto, Director Indian River County Utilities Department 1840 25th Street Vero Beach, Florida 32960 RE: Indian River County Project U84-1 Contract #2 - Potable. Water Distribution System Expansion Contract Change Order #1 dated August 29, 1984 Dear Terry, Enclosed please find six (6) copies of the above referenced change order. The change order has been signed by Steve Moler and Keith Rowland of Boyce Com- pany. Please sign and date each copy on the top line by Owner and forward all six copies to Farmers Home Administration in West Palm Beach, to the attention of Charlie Hudnell, for his signature. Mr. Hudnell should then retain one copy for his file and forward the remaining five copies back to our office. At that time, we will distribute the completed change orders to their proper destinations. Thank you for your cooperation and assistance. Sincerely yours, SIPPEL, MASTELLER, LORENZ & HOOVER, INC. K ren Metz Secretary SIPPEL, MASTELLER, LORENZ M HOOVER, INC. HM8 CONSULTING ENGINEERS • LAND PLANNERS Post Office Box 1045 Sebastian, Florida 32958 (305) 589-4800 September 7, 1984 Mr. Terrance G. Pinto, Director Indian River County Utilities Department 1840 25th Street Vero Beach, Florida 32960 RE: Indian River County Project U84-1 Contract #3 - Potable Water Distribution System Expansion Contract Change Order #2 dated August 29, 1984 . -Dear Terry, Enclosed please find six (6) copies of the above referenced change order submitted to you for your approval and signature. Please forward all six copies to Mr. Charlie Hudnell with Farmers Home Administration in West Palm Beach. Mr. Hudnell should retain one copy for his file and forward the remaining five copies back to our office at which time we will distribute the change orders to their proper destinations. Sincerely yours, SIPPEL, MASTELLER, LORENZ & HOOVER, INC. K ren Metz Secretary 75 SEP 42 6 4192 4 BOOK 8 Ft;F 4'89 J BOOK 58 F'D,;F 490 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved Change Order #1, Contract #2, Potable Water Distr. System Expansion (Boyce Co.), and Change Order #2, Contract #3, (Boyce Co.), both I.R.Co. Project U84-1. Debt tipliun of Changes t!iupplrmental Plan, ind Spec.ilications Attdi hedt I)I.t kE.A�E INCREASE in Cuutt.rcI I'm r in Contrat t Pric e #3 Continued LS Mobilization $1,000.00 Item Quantity Description Unit Price + $1,000.00 4 1 LS Mobilization $1,500.00 12" pi water main 23.20/LF + $1,500.00 4 +162 LF 12" 0 water main 23.20/LF 9 + 3,758.40 9 + 2 12" 0 gate valve 875.00 ea + 1,750.00 17 +140 LF Road Restoration 2.00/LF + 45 LF + 280.00 Sub -Total I I + $7,288.40 4. Location: Kings Highway and 12th St. Station: 267 + 00 Description: Open cut Kings Highway and install 12t1 0 water main to east side of intersection. Item Quantity Description Unit Price 1 LS Mobilization $1,000.00 + $1,000.00 4 + 50 LF 12" pi water main 23.20/LF + 1,160.00 9 + 1 12" fd gate valve 875.00 ea + 875.00 17 + 45 LF Road Restoration 2.00 LF + 90.00 Sub -Total + $3,125.00 101 -ALS s- $1,985.U( _ +$21ry03.9U Nt:T CHANGE IN ( t1NII \4 J* 11RICE I i j _ +$19,918.90 JUsTIFICA r10N. It is prudent to extend water lines across intersections �hvit'� rt on i planned in order that future extensions du not requir di§�tlioe i1e er- section pavement. t� By oU, t Attorney k The dmuunt of the Conlra..t will be (ft%%K*�O) (lin tc.r:,edt B! The Sum Of: hundred. Eis-yhteen and 1)t)/1uo------- ---------------------- _Uuti.trt, tS it►r�)18.11u ). I he Cuntrdo Total ItiLluding thtb diad previous Chadgc ordvrs Will Be; One Mi 1 1 Jon -_tix_ty-thrc�r thousand, Lour hundred ten and 1r),'100 ------------------------------ =Dolslars(b 1463-1110-15 Increased rhe Cowtact Period Provided for Cumplution Will lit Xhlvl4") a)ik-yeuga imxxx&i)• _18!j C. -,l enriar Uays I nib d.r.:.srnt will bewnte a supplement to tit: t,at..t. t ,via dll ptuvisions will trpply liviau. :rrnof) 1[rate) kt. ..r,tttrl.Jt d _ tTll" A. , .•ytr � ..�. p, �0�2. �- _slur. 7". � 4'e �"� (. nuecrori rhete� 1N.ime aril Title) 1[le eJ 76 UNI 11-A, hi All 1+1 i 1 t.il .. I' -I- Al.l:1! s . • • !,! 1 ARNII 1.', I • 6'.1 AI t.'.!INI1I RATION l l)1'11►k( 1 l ll(►lil)ER 4 __• _— ___ —_� S I A f t Plorida e aura T v hACT f- OH Indian River County Water Project U84-1/Contract #2 Indian River Gof•.t 1. Indian River County Cf, Boyce Company !l a.nf(ealuQ 1.•u are hefeby requested to cumply with the following ! hanges from the contract plans and tit,r:r Ihl alums: Description of Changers DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price S S 1. Location: 27th Avenue & Oslo Road Section: 26 + 40 Description: Open cut Oslo Road and install 12" fd water main to south side of intersection. Item Quantity Description Unit Price 1 LS Mobilization* $5,000.00 4 + 60 LF 12" 0 water main 23.20/1,F 17 + 55 LF Road Restoration 2.00/LP Sub -Total 'Mobilization price includes overlaying of intersection per Florida D.O.T. permit con- ditions. (See attached plan sketch and cor- respondence.) 2. Location: Oslo Road and 43rd Avenue Station: 80 + 00 Description: Open cut 43rd Avenue and install 20" 0 water main to west side of intersection. Item Quantity Description Unit Price 1 LS Mobilization $ 850.00 2 + 54 LF 20" 0 water main 2'T-75/1,11 7 + 1 20" 0 BV 2 , 55t1. u!) ea. 8 — 1 18" 0 BV 1,98f,.(10 Ua. 17 + 45 LF Road Restoration 2.uo/LI Sub -Total 3. Location: 43rd Avenue & 8th Strect, Station: 186 + 00 Description: Open cut both 43rd Av4unue and 8th. Street and extend 12" 0 wat !•r main, to north and east sides of inter- section. 77 - $1,981).ou - $1,985.00 + $5,000.00 + 1,392.00 + 110.00 + $6,502.00 + $ 850.00 + 1,498.50 + 2,550.00 + 90.00 + $4,988.50 SEP 26 1 BOOK 8 FWJ 491 F' SEP 26 198 BOOK 5 9 F!'E f inllt'. r K, a r i l .111 UNITE 1) 17A'II Ut 1 At,INI: NT ill• okklk:. 1'1.ti nt F•ARml VS liWvii• AIWINISIRATI, .4 COINI1'11 X(' 1 ('11A11"Gl•: ORDER – 2 ^- Aucust 29, 1984 b T AT 1, a t JU:4 f Y _ CQfv'F,ACT FJN Indian River County Water Project U84-1 - Contract =3 I than River Incrian River County—___-_-_--_ Tu Boyce Company, ....... It Unlr.clurl 1 •t,. are heteby requested h) cumply with the following t hanvtvs from the contract plan. ani) aper till altuns- Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price Location: Kings Highway and State Rd. 60 $ $ Station: Description: Add 20" 0 tee, 20" x 12" reducer, 12" 0 gate valve and 20" 0 plug (no pavement disturbance). Item Quantity Description Unit F,rice 1 LS Mobilization $1,725.00 + $1,725.00 2 + 10 LF 2011 0 water main 30.001LF + 300.00 4 + 3 LF 12" 0 water main 23.20/1IF ....—..... ... + .......69.60......_.. 9 + 1 12" 0 gate valve 8'(5.(10 ca. + 875.00 TOTALS + $2,969.60 NET CHANGE IN CONTRACT PRICE JUSTIFICATION: ` Approved t for and legal Icie By G . randenburg 4 The amount of the Conlrat.t will be (MYtit Kdd) (Incrersedl By The Sum Of- Two Thousand Nine Hundred Sixty -Nine and 60/100------------------------------------ Uollarb(S 2,969.60 ). the Contract Total Including this and previous Change Orders Will Be: x Hundred Ninety- Four Thousand Seven Hundred Sixteen and 35/100------------------------ Dollars ($f)94,716.35 1, The Ctrnitact Period Provided for Completion Will Be (IHg(rX.X.y�) tlWxe)6's(t¢) (Unch;,nged): 180 Calendar Uays I hib d.,, .:rent willecome a supplement to the tuntr,, t aiiti all piuvisr®s will apply hereto. 2 ZM '/� Rry rslrJ / r Owner f Date) August 2c), 1984 (Uwn.r'. �r..hrt•..t. Lrn,ltna.• (aDau) d rCuntractan UrI.) AFpruved riv FmHA ------ ;Nr►ne ,i►tt/ Tis fu.ro) Trull Information wiil be used as record of anv Nuno-, coi.tes required: 4 Wt turthef murales u: Other uaneftls may to paid out under iris ChMOe) to the uliglMl COnatlYCllOh contract. Dsagram unless tnis report Is completed end filed as required Oy Time io cunlptete. so min eaertng is* ano Iequluitrtls (7 C.F.H. Part 1924). - - — --- 1-ndIA 424.7 (Rev G I I ti01 o U 5 GPO 196 1 4004 -Mi 1570 p, 11, r, r. 6 F__l RELIEF WASTEWATER ALLOCATIONS ALONG U.S.1 - 6TH AVE. �U COR_. The Board reviewed staff memo as follows: TO: The Honorable Members of DATE: September 18, 1984 FILE: the Board of County Commissioners THRU: Terrance G. Pinto SUBJECT: RELIEF WASTEWATER ALLOCATIONS Utility Service Director ALONG U.S. 1/6TH AVENUE CORRIDOR FROM: Ronald R. Brooks/0 . REFERENCES: Environmental Engineering Specialist/Utility Services DESCRIPTION AND CONDITIONS: The Department of Health and Rehabilitative Services has declared the U.S. 1/6th Avenue Corridor to be an environmentally sensitive area that is subject to public health hazards and pollution problems due to problem prone and failing on-site wastewater disposal systems. Specifically, the Council on Aging wastewater disposal system is problematic and the wastewater disposal system for the Clock Restaurant has a history of periodic failure. There are proposals presently underway for construction of wastewater improvements by private enterprise along the U.S. 1/6th Avenue Corridor. These improvements will make County wastewater service available to numerous of the existing buildings that have problem prone wastewater systems. County wastewater service along the U.S. 1/6th Avenue Corridor is available only by allocation and most of the existing buildings along the subject Corridor do not have a wastewater allocation. A major portion of the 500,000 gallons per day South County allocation is already committed and the remaining portion is available to individuals or facilities on a priority list. Of the 500,000 gallon - per day allocation only approximately 70,000 gallons per day is actually being utilized. ALTERNATIVE ANALYSIS: Alternative I - The Board of County Commissioners could provide a relief allocation and give priority to existing buildings or facilities that are a public health hazard or pollution problem due to problematic and/or failing wastewater systems. This approach would alleviate an existing problem and utilize allocation capacities that presently are not being utilized and will probably not be utilized until some unknown future date. Alternative II - The Board may refuse to allow -relief allocations and not provide for utilization of unused committed or prioritized allocations. Those existing buildings or facilities would then have to satisfy the requirements of the Department of Health and Rehabilita- tive Services. Indications are that this would result in the actual closure of some existing facilities, or a continuation of public health hazards and/or pollution problems. 79 SEP P. 9 1984 Boor '8 FacE 493 I SEP 26 1984 BOOK 58 P';E 4.9 RECOMMENDATION: Staff recommends that the Board of County Commissioners, through execution of the attached resolution, authorize the Board of County Commissioners to grant upon recommendation of the Utility Department relief wastewater allocations, and provide subsequent wastewater service to buildings within the U.S. 1/6th Avenue Corridor whose on-site wastewater systems are declared by the Department of Health and Rehabilitative Services to be a public health hazard or a pollution problem. Commissioner Bird stated he understood what we are trying to do, but his only question related to funding. He understood there is a private group trying to put this together to pay the cost of connections. Administrator Wright confirmed this and stated it is under construction. Commissioner Bird believed there are some unhappy with their share, and Administrator Wright noted they will either be included or not; they have the choice of working out their problems with the Health Department or connecting. Utilities Director Pinto reported that Barnett Bank and Rax Restaurant have allocation for sewer. The land owners purchased in sometime ago. They are bringing in a system they have to facilitate their needs. We have required them to build a system that will facilitate the entire area, but there isn't any other allocation available. The Health Department came to us and said there are specific health problems and they would like those who have the problems to be able to get in on this. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously approved Resolution 84-70 providing for relief wastewater allocations for county wastewater systems served through allocation from the City of Vero Beach Wastewater Treatment Plant. M RESOLUTION NO. 84- 70 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR RELIEF WASTEWATER ALLOCATIONS FOR COUNTY WASTEWATER SYSTEMS SERVED THROUGH ALLOCATION FROM THE CITY OF VERO BEACH WASTEWATER TREATMENT PLANT. WHEREAS, Indian River County provides restricted wastewater service along the U.S. l/ 6th Avenue corridor through limited allocation from the City of Vero Beach Wastewater Treat- ment Plant; and WHEREAS, wastewater improvements are being constructed by private enterprise within the U.S. 1 / 6th Avenue corridor; and; WHEREAS, The Department of Health and Rehabilitative Services has declared the U.S. 1 / 6th Avenue corridor to be an environmentally sensitive area that is subject to public health hazards and pollution problems due to problem prone and failing on-site wastewater disposal systems; and WHEREAS, the Board of County Commissioners desires to provide wastewater service to existing buildings to eliminate disposal systems considered by the Department of Health and - Rehabilitative Services to be a public health hazard or pollution problem. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: The Indian River County Board of County Commissioners is authorized to grant upon recommendation of the Division of Utility Services, relief wastewater allocation and subsequent wastewater service to existing buildings, on request for same, whose existing on-site wastewater disposal systems are declared by the Department of Health and Rehabilitative Services to be a public health hazard or a pollution problem. 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 M SEP 2 6 1984 BooK 58 PAGE4,95 J SEP 26 1904 BOOK 58 E 496 vote was as follows: Chairman Don C. Scurlock, Jr. Ave Vice -Chairman Patrick B. Lyons Ave Commissioner Richard N. Bird Ave Commissioner Margaret C. Bowman Ave Commissioner William C. Wodtke, Jr. Ave The Chairman thereupon declared the resolution duly passed and adopted this 26th day of September , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON C. SCURL OCK, Chairman Attest: FREDA WRIGHT r' Clerk APPROVED AND LEGA By �.® N GAR A� RADENBURG, Cou ty Attorney ;ACCEPTANCE OF RESIGNATION FROM E.O.C. (BARRY SESACK) The Board reviewed the following letter of resignation from Mr. Sesack: lag k Little Indians Vero Beach Elementary School 1770 12TH STREET' VERO BEACH, FLORJ-IA 32960 Sept. 11, 1984 '964 ftec Rn cO�U Zt ) var�310N E Indian River County Board of County Commissioners County Administrative Building Vero Beach,Florida 32960 Gentlemen: -01STPIB IT!! -)N LIST Cur.,mistio.;•�rs ----- Adrrmiriistrator Attorney Personnel Public Works r`omrnunity 'ev. Utilities Finance Other l t ✓G/��✓%FYI L �•�L.r-''��.I-F,'.� As much as I have enjoyed my association with the E.O.C. I regret BARRY SESACK Principal MARY EVITT Primary Specialist to inform you that I no longer have the time necessary for fulfilling my commitment to the Economic Opportunity Council. I have accepted two positions as an officer in two other local organizations. I appreciate the trust given to me on behalf of the Commissioner's Office as a representative of the public sector for the last six years. Please accept my resignation effective October 15, 1984. Continued success in your leadership roles and your service to the citizens of Indian River County. BLS: BEM cc: Dr. Burns Ms. Jean Strawtc p2sifully submitted, Se sack kcipal ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously accepted the resignation of Barry Sesack from the E.O.C. with regret and directed that he be sent a letter of appreciation. JACCEPTANCE OF RESIGNATION FROM COUNTY -WIDE RECREATION STUDY COMMITTEE (DON DEESON) The Board reviewed the following letter of resignation from Mr. Deeson: SEP 26' 1984 BOOK 58 FA11E 497 SEP 26 1934 VM■ ■ Bat1K Sun Bank/ Indian River, N.A. Dear Ken: BOOK p, 498 U1ST 'IBUTION LIST Cot r ir,,,;; ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously accepted the resignation of Rene Van de Voorde from the above committees with regret and directed that he be sent a letter of appreciation. The several bills and accounts against the County having been audited were examined and found'to be correct P were approved and warrants issued in settlement of same as follows: Treasury Fund Nos. 12533 - 12738 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 12:45 o'clock P.M. Attest: s Clerk M. Chairman BOOK F8 F};E 499