HomeMy WebLinkAbout10/17/1984Wednesday, October 17, 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,
October 17, 1984, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard
N. Bird; Margaret C. Bowman. William C. Wodtke, Jr., was
temporarily delayed. 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 Attorney
Brandenburg led the Pledge of Allegiance to the Flag.
ADDITIONS TO AGENDA
Commissioner Lyons wished to add to the agenda a report on
his trip to Tallahassee re the problems associated with Medical
Examiner Walker.
Attorney Brandenburg wished to add a general discussion in
regard to the situation at Blue Cypress Lake fish camp.
Chairman Scurlock requested that an item be added approving
out -of -County travel to Fort Lauderdale for a rate study seminar.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, Commissioner Wodtke
being delayed temporarily, the Board unani-
mously (4-0) approved the addition of the
above described items to today's agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Special Meeting of Septem-
ber 12, 1984.
OCT 17 1984 BOOK 5$ PY:,E 63
OCT 17
1994
BOOK P� FBF
637
Commissioner
Lyons believed that he had raised a question
at the budget hearings as to whether or not we had put enough
money in the budget for the Medical Examiner, and he does want
that to appear as part of the record.
In discussion it was felt this had occurred at the final
budget hearing, and Chairman Scurlock agreed to make a note that
this statement should appear in the Minutes of at least one of
the budget hearings.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, Commissioner Wodtke
being delayed temporarily, the Board unanimously
(4-0) approved the Minutes of the Special Meeting
of September 12, 1984, as written.
CONSENT AGENDA
A. Budget Amendment - Retroactive Approval for Over -budget
Accounts for 83-84 Fiscal Year
The Board reviewed memos of the OMB Director, as follows:
2
TO: Board of County Commissioners DATE: September 26, 1984 FILE:
SUBJECT: Over -budget Accounts
\N;
{
FROM: Jeffrey K. Barton, ' REFERENCES:
OMB Director
The following budget amendments are to allocate funds to cover over budget accounts due
to the expenses being greater that anticipated,
Account Title, Account No. Increase Decrease
Circuit Court:
Legal Services
001-901-516-33.11
12,500.
Other Culture/Recreation
Other Prof. Services -
001,901-516-33._19
2,310
Witness Fees
001-901-516-34.92
32,881
.129
Appeal Fees- Circu%t Court
001.901-516-34,.96
.1,918
Parks Development:
Reserve for Contingencies
001-199-513-99.91
Surplus Lands
49,609
General Serivices:
Other. Prof. Services
113410-572-33,19
100
Telephone
001-251-519-34.11
49'A745
Other Comm. Services
001-251-51934,19
770
Other Insurance
001-251-519-34.59.
5,285
Reserve for Contingencies
001-199,513.9.9.,91
55,800
Expense -Prior Year
001-101-511-36,72
24,361
Reserve for Contingencies
001-199-513,99.,91
24,361
Court Reporting:
Other Reporter Services
001905-516.33,32
52528
Reserve for Contingencies
001-199-513-99,91
5,528
TO: Board of County CommissionersDATE: September 28, 1984 FILE:
SUBJECT: Over,Budget accounts
05
FROM: Jeffrey K, Barton, REFERENCES:
OMB Director
The following budget amendments are to allocate fund to cover expenses that were greater
than anticipated:
Account Title Account Flo. Increase Decrease
Tracking Station:
Other Imp. Except Bldg.
102-210-572-66,39
34,877
Other Culture/Recreation
102--000-334-79,00
34,877
Animal Control:
Office Furn & Equip
102-250-562766.41
.129
Reserve for Contingencies
102x199-584.99..91
129
Parks Development:
Surplus Lands
113-000-364-22,00
100
Other. Prof. Services
113410-572-33,19
100
3
OCT 171984 BOOK 58 Poli 6.138
I
OCT7
17 1994aco 58
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, Commissioner Wodtke
being delayed temporarily, the Board unanimously
(4-0) granted retro active approval of the above
budget amendments for over -budget accounts.
B. Budget Amendment - Beachfront Acquisition Fund
The Board reviewed memo of the OMB Director, as follows:
TO: Board of County Commissioners DATE: September 26, 1984 FILE:
A\
SUBJECT: Beachfront Acquisition Fund
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
The following budget amendment is to clean up the the over budget in the
Beachfront Acquisition Fund:
Account Title Account No. Increase Decrease
Reserve for Contingnecies 001-199--513-99.91
Transfers Out 001 199-58199.21
Transfers In 303-000-38120.00
Other Prof. Services 303,108-572-33.19
All Land 303-108-572,66.11
18,217
18,217
1,840
16,377
18,217
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, Commissioner Wodtke
being delayed temporarily, the Board unanimously
(4-0) approved the above budget amendment
to clean up over -budget in the Beachfront
Acquisition Fund.
4
C. Budget Amendments and Line to Line Transfers - over -Budget
The Board reviewed the following list of budget amendments
and line to line transfers needed to cover over -budget accounts
for FY 83-84:
TO: Board of County Commissioners DATE: September 28, 1984 FILE:
SUBJECT: Budget Amendments and Line to Line
Transfers
FROM. Jeffrey K. Bar REFERENCES:
OMB Director
The following are the budget amendments and line to line transfers that were needed
to cover over -budget accounts for FY 83-84.
Account Title
Veterans Service:
Regular Salaries
Parks:
Regular Salaries
Ag. Extension:
Regular Salaries
.Special Pay
Youth Guidance:
7 ::lar Salaries
!g Operations:
Overtime
Other Communication Services
Chemicals
Budget Office:
Regular Salaries
General Services. -
Regular Salaries
Other Contractural Serv.
Postage
office Supplies
Reserve for Contingencies
Appeal Fees -Circuit Court
Reserve for Contingencies
Other Professional Services
Engineering Services
Petition Paving:
Paving Assessments
Other Road/Mat/Supplies
'Commissions & Fees
Pebble Bay Construction:
Sewer Assessments
Constr in Progress
Account No.
Increase
Decrease
001-206!553-1.1.12
954
001-210-572-11.12
793
001.212-537-11.12
100
001412-537-.11.15
23
001'213-523-11.12
87
001420-51911.14
122
001420-519:34.19
260
001220-5.19-35.23
9
001-229-513-11.12
305
001-251-519-11.12
2,539.
001-251-519-33.49
1,930
001451-519-34.21
692
001451-51935.11
457
001-199-513-99.91
8,271
001-901-516-34.96
50
001-199-513-99.91
50
303-108.,572,33.19
1
303.-108-572-33.13
1
703-000-363-10!00
8,055
703-214-541-35.39.
7,245
703-214-541-99.94
810
704-00036340.00
300
704-215-535-66.51
300
5
BOOK 58 pmu 6 o
D. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund, Month of September,
1984 - $41,703.59.
E. Report
Received and placed on file in the Office of the Clerk:
Traffic Fines by Name, September, 1984.
F. Report
Received and placed on file in the Office of the Clerk:
Florida State Health Plan 1985-87 - Vol. I, II, and III - from
the Department of Health and Rehabilitative Services.
6
0 GT 17 84
BOOK `S
pn ill
Account Title
Account No.
Increase
Decrease
South Beach Water Project:
Engineering Services
708-230.-533-33.13
74,970
Other Professional Services
708-230,-533,33.19
48.000
Constr in Progress
708-230-533-66.51
2,760
General & Admin Expense
708-230-533-33.14
125,730
16th Street Construction:
Engineering Services
307-214-541-33.13
335
Other Prof. Services"
307-214-541-33.19
335
Refuse Disposal
Regular Salaries
004-209-535-11.12
4,183
Reserve for Contingencies
004-199-513-99.91
4=183
Legal Ads
001-216-519-34.91
75
Maint-Office Equip
001-216-519-34,63
75
Overtime
004-214-541-11.14
109
Other Road Mat/ Supplies
004-214-541-35.39
109
Route 60 Project:
Debt Proceeds
709-000-384-10.00
2,050,000
Engineering Services
709-230-533-33.13
500,000
Other Prof Services
709-230-533-33.19
500,000
Constr In Progress
709-230-533-66.51
1,000,000
All Land
709-230-533,66.11
50,000
ON MOTION by
Commissioner Lyons,
SECONDED
by Commissioner Bowman, Commissioner
Wodtke
being delayed
temporarily, the Board
unanimously
(4-0) approved
the above budget
amendments and
line to line
transfers.
D. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund, Month of September,
1984 - $41,703.59.
E. Report
Received and placed on file in the Office of the Clerk:
Traffic Fines by Name, September, 1984.
F. Report
Received and placed on file in the Office of the Clerk:
Florida State Health Plan 1985-87 - Vol. I, II, and III - from
the Department of Health and Rehabilitative Services.
6
G. Report
Received and placed on file in the Office of the Clerk:
Indian River Memorial Hospital Budget for 1984-85.
INTRODUCTION OF DR. DERKASH - ALCOHOL, DRUG ABUSE AND MENTAL
HEALTH PLANNING COUNCIL
Commissioner Lyons, in the absence of Commissioner Wodtke,
who is a member of the above Council, welcomed Dr. Derkash and
introduced him to the Board members. He thanked Dr. Derkash for
volunteering to serve on the Council and believed that with his
qualifications, he can be of great benefit to the County.
Commissioner Wodtke entered the meeting at 9:07 A.M.
SOUTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon recessed at 9:07
A.M. in order to reconvene as the District Board of Fire
Commissioners of the South Indian River County Fire District.
Those Minutes are being prepared separately.
PUBLIC HEARING - REZONING TO C-2 (LAW)
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:
7
CT 1'7 1994 BOOK 8 F,.cul F�
OCT 17 1994
VER® BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
lished in said newspaper in the issues
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and
(SEAL)
A.D. 19 4T
BOOK 58 PDCE 643
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from R-1 PM,
Permanent Mobile Home Subdivision District, to
C-2, Heavy Commercial District. The subject
property Vicis Presently owned by WANDA LYNN
LAW and is located south of kers Road, east
of F.E.C. Railroad.
The subject propeity is described as ,
The NE% of SW1/. of NES/., east of F E C:
Railroad In Section 20, Township 31S,,
Range .39E,' said land now lying and
Ding in Indian River County, Florida, •i
TOGETHER WITH:
The. S% of SWI/. of, NES/. east of F.E.C.
Railroad in Section 20, Township, 31S,
Range 39E, 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 Commission-
ers of Indian river County, Florida, In the County
Commission Chambers -of the County Adminis-
tration Building, located at 1840 25th Street,
Vero Beach, Florida, on Wednesday, October 17,
1984, at 9:15 am.
If any person decides to appeal any 'decision
made on the above matter,, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings Is made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian R6r County
Board of County Commissior4ers
B :-s-Don C_Scurlock Jr.
Chairman.
Sept. 27, Oct. 9. 1984 .e:..
Chief Planner Richard Shearer made the staff presentation,
as follows:
TO: The Honorable Members DATE: September 17, 1984FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: LAW REQUEST TO REZONE 6
ACRES FROM R-1PM, PERMA-
SUBJECT: NENT MOBILE HOME SUBDI-
VISION, TO C-2, HEAVY
Robert M. Keats g, CP COMMERCIAL DISTRICT
Planning & Developm nt Director
FROM: Richard M. Shearer, AICP REFERENCES: Law Req.
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 17, 1984.
DESCRIPTION AND CONDITIONS
Bill Law, an agent for Wanda Lynn Law, the owner, is requesting
to rezone approximately 6 acres located on the south side of
Vickers Road, the east side of the F.E.C,. railroad, and 600
feet west of U.S. 1 from R-1PM, Permanent Mobile Home Subdivi-
sion, to C-2, Heavy Commercial District.
The applicant proposes to develop this property for warehouses.
On September 13, 1984, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES AND ANALYSIS
In this section, an analysis of the existing land use pattern
will be presented as well as a discussion of the future land
uses as established in the land use element of the Comprehen-
sive Plan.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property, across Vickers Road, is undeveloped land and an old
train depot zoned C-1, Commercial District. East of the
subject property are mobile homes and undeveloped land zoned
C-1. South and west of the subject property, across the F.E.C.
railroad tracks is undeveloped land zoned M-1, Restricted
Industrial District, and Breezy Village Mobile Home Park zoned
R-1PM.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land immediately adjacent to it as part of the U.S. 1
MXD, Mixed -Use Corridor (up to 6 units/acre). The land 400
feet west of the subject property is designated MD -1,
Medium -Density Residential 1 (up to 8 units/acre). The land
750 feet east of the subject property is designated LD -2,
Low -Density Residential 2 (up to 6 units/acre).
The MXD land use designation allows residential, commercial,
and industrial uses which will be regulated by the zoning
ordinance. While the existing R-1PM zoning of the subject
property is consistent with the MXD land use designation, the
9
BOOK � F.�.Gr
OCT 17 194
r OCT 17 1984
BOOK �9 F�rE 645
R-1PM zoning district requires a minimum of 20 acres. It is
not feasible to develop a permanent mobile home subdivision
on the six -acre subject property. Because the subject property
is adjacent to the F.E.C. railroad and is surrounded on three
sides by commercial and industrial zoning, the proposed C-2
zoning of the subject property is more appropriate than the
present R-1PM zoning.
Transportation System
The subject property has direct access to Vickers Road (clas-
sified as a local street on the Thoroughfare Plan). Developing
the subject property for warehouses could attract up to 405
average annual daily trips (AADT).
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
ry+-;1;4
The subject property is not served by County water nor County
wastewater facilities.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Chief Planner Shearer further noted that this is a
triangular shaped piece of property and the longest side abuts
the railroad. While there is both M-1 and C-1 around this
property, it was felt the Heavy Commercial zoning would be better
than Industrial and give a little better control. The intended
use is warehouses.
Commissioner Bowman inquired about drainage in this area,
and Mr. Shearer confirmed that there apparently is some problem,
but this would be looked at at the site plan level to be sure the
Storm Water Management Ordinance was complied with.
Chairman Scurlock asked if there is any indication those
requirements cannot be met as he felt it is only fair, if we
identify something that cannot be resolved, that we put the
people on notice as early as possible there may be a problem.
Planning Director Keating reported that this is not in a
flood prone area so it becomes just a problem of how the actual
storm water drainage is designed.
The Chairman asked if anyone present wished to be heard.
10
Bill Law came before the Board representing Wanda Law and
speaking in favor of rezoning the subject property to C-2. He
noted that the Planning staff indicated that under its present
zoning, it is almost impossible to do anything with this
property, and C-2 would appear to be the best solution right
along the railroad.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
closed the public hearing.
ON MOTION BY Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
adopted Ordinance 84-72, rezoning 6 acres
south of Vickers Road to C-2 as requested by
Wanda Law.
11
OCT CT 17 1984 BOOK 58 646
I
OCT 17 1994
BOOP( 58
ORDINANCE NO. 84-72
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 NE4 of SW4 of NE4j east of F.E.C. Railroad in Section
20, Township 31S, Range 39E, said land now lying and being
in Indian River County, Florida.
TOGETHER WITH:
The SZ of SWh of NE4 east of F.E.C. Railroad in Section
20, Township 315, Range 39E, said land now lying and
being in Indian River County, Florida.
Be changed from R-1PM, Permanent Mobile Home Subdivision
District, to C-2, Heavy Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 17 day of October
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: /a„G
DON . SCURLOCK, JR.
Chairman
12
L�
PUBLIC HEARING - REZONING TO C -1A (ANTHONY)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
.attached, to -wit:
VER® BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
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
NOTICE _ PUBLIC HEARING ;
Notice of hearing to consider the adoption of
a County ordinance rezoning land from R -2C,
Multiple -Family District, to C-1A,.Restricted Com-
mercial
om -
mercial District. The subject property is presently
owned by GARY J. and VINCENT -J. ANTHONY
and is located south of 45th Street (North Gifford
Road and east of 43rd ,Avenue (County Road
The subject property Is described as
The South 20(Y of the North 280' of the
-'East 300' of the Vilest 340', of the North 'h
of Tract 4; m 5dcho27; fdWnship 32S
;"s +F —a '1QF 'arhMrlinn M Ihia I..t —n-1 .
;party as filed Irl Plat`` Book. Z,,: Page 25
Public. Records cf St. Lucie County; Flor-
in the matter of.:"Ida: said land now being and.lying in In
than River County Florida'
A public hearing at which' parfies in Iptdrest
and citizens shall have an',opportunity to , be
heard,.wiil.be held by the.Board.of County Com-
missioners of Indian River Courftr Florida; In the
Countv Coinmissioh Chambers hof the' Countv
in the Court, was pub-
lished in said newspaper in the issues of
9. MIA/
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 dally and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed
(SEAL)
A.D. 19 ?T
(Clerk of the Circuit Court, Indian River
Street; Vero Beach,'Florida on Wednesday; Oct-
ober 17; 1984, at 9:15 a.m.
If any. person decides.ta appeal any decision.
made on.the abovwmatter he/she Will need a
.record of the proceedings. - and, for such pur--
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in=
eludes testimony and evidence uponWhich the;
appeal is based.
{ , Indian River County x,
Board of County Commissioners"
By: -s -Don C. Scurlock_Tr ) ,.'. t '
Chairman
Sept. 27` Oct. 9,, 1984
Chief Planner Shearer made the staff presentation recommend-
ing approval, as follows:
13
OCT 17 1994
BOOK 58 FnF.648
I
BOOK 8 F c;F.64
TO: The Honorable Members DATE: September 14, 1984FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: ANTHONY REQUEST TO REZONE
1.38 ACRES FROM R -2C,
' SUBJECT: MULTIPLE -FAMILY DISTRICT,
Robert'—M. Keati g, ICP TO C-lA, RESTRICTED COM -
Planning & Development Director MERCIAL DISTRICT
FROM: RiGJchard Shearer, AICP REFERENCES: Req. /Anthony
Chief, Long -Range Planning DIS:RICH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 17, 1984.
DESCRIPTIONS AND CONDITIONS:
Gary and Vincent Anthony, the owners, are requesting to rezone
1.38 acres located at the southeast corner of 43rd Avenue and
North Gifford Road (45th Street) from R -2C, Multiple -Family
District (up to 12.1 units/acre), to C-lA, Restricted Commer-
cial District.
The applicants are proposing to develop the subject property
for a grocery store and laundromat.
On September 13, 1984, the Planning and Zoning Commission voted
4 -to -1 to recommend approval of this request.
ALTERNATIVES AND ANALYSIS:
In this section, an analysis of the existing land use pattern
will be presented as well as a discussion of the future land
uses as established in the land use element of the Comprehen-
sive Plan.
Existing Land Use Plan
The subject property is undeveloped. North of the subject
property, across North Gifford Road, is undeveloped land zoned
R-1, Single -Family District (up to 6.2 units/acre). Further
north is Treasure Coast Village a single-family subdivision
under development. East of the subject property is undeveloped
land zoned R -2C. Further east is Carver Colony subdivision
zoned R-2, Multiple -Family District (up to 15 units/acre).
South of the subject property is undeveloped land zoned R -2C.
Further south is Clemans elementary school in an R-1 zoning
district. West of the subject property, across 43rd Avenue, is
a citrus grove zoned R-1 and M-1, Restricted Industrial Dis-
trict.
Future Land Use Pattern
The subject property and all of the land around it are part of
the Gifford MXD, Mixed -Use District (up to 14 units/acre). The
Gifford MXD allows residential, commercial, or industrial land
uses which will be regulated by the zoning ordinance. The
Comprehensive Plan states that, within MXD areas, the County
shall encourage redevelopment in accordance with the dominant
land uses and the health, safety, and welfare of area resi-
dents. In addition, under the description of the Gifford MXD
14
in the Comprehensive Plan, the text states that the predominant
land use in the Gifford area is residential and that future
expansion of commercial uses shall be regulated by the County
to ensure that these uses will not be in conflict with one
another.
The applicants discussed this rezoning proposal with the staff
several times before submitting their application. The staff
recommended that the applicants request rezoning of just enough
land to accommodate their proposed uses and apply for the more
restrictive C -1A zoning district rather than the C-1 Commercial
District. The reason for these staff recommendations was to
minimize any adverse impacts on the existing residential uses
in the area. However, since the subject property is surrounded
on three sides by vacant land, there should be little conflict
between the existing residential uses in the area and the
development of the subject property for restricted commercial
uses.
Transportation System
The subject property has direct access to 43rd Avenue (clas-
sified as a primary collector street on the Thoroughfare Plan)
and to 45th Street (classified as a secondary collector
street). The development of the subject property for commer-
cial uses could attract up to 1,300 average annual daily trips
(AADT). North Gifford Road currently carries 8,000 AADT. If
all of these trips were assigned to North Gifford Road, it
would still maintain level -of -service "C".
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
TT+ 4 l i +- 4 n c
County water is available for the subject property, but County
wastewater facilities are not available.
RECOMMENDATION:
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Planner Shearer informed the Board that the Planning &
ZoningCommission has considered three requests for Commercial at
this intersection over the last two years, and the two others
were denied. When the third applicant came in, they began
looking into whether there was a need and requested they keep it
to a small size. One concern was that this might represent spot
zoning. The area to the west is currently zoned R-1; however, it
is a small area, and immediately west of that is M-1. Based on
the uses to the west, Mr. Shearer believed this would not
represent spot zoning, and he reported that the Planning & Zoning
Commission voted 4 to 1 in favor of the requested rezoning.
15
OCT 1 '7 19 4 BOOK 8 F,�rE 650
J
OCT 17 1984
BOOK 58 FtAp
,JE.651
The Chairman asked if anyone present wished to be heard.
Ruth Stanbridge, member of the Planning & Zoning Commission,
informed the Board that she voted against this rezoning, and
urged that the Commission deny this rezoning request. She
pointed out that in the Comp. Plan designation under the
description of MXD, it was noted the predominant use in the
Gifford area was residential. To Mrs. Stanbridge this repre-
sented a commitment to preserve the residential neighborhood, and
she believed this area is probably one of the largest concen-
trations of residential in Gifford. This rezoning would place
one small spot of commercial in an area predominantly
residential. Mrs. Stanbridge continued that the Comprehensive
Plan specifies development of neighborhood nodes, but this area
is not part of any existing planned node indicated in the Plan.
Furthermore, two miles to the west there are two grocery stores
and a feed store; less than one mile to the east, there is a
grocery store, a gas station and bars; and about two miles to the
south on 43rd Avenue, there is a major commercial node. Mrs.
Stanbridge felt strongly that the impact of commercial at this
intersection would be very detrimental to the neighborhood
because there is an elementary school less than 400' to the
south, and half of the children walk to school.
Ken Evitt, Assistant Superintendent of the School Board
presented School Board Resolution 85-9, as follows:
16
RESOLUTION #85-9 _
It was moved by Dorothy Talbert, seconded by Ruth Barnes, and unanimously
carried that the following resolution be adopted:
That the School Board obj.ects to the lack of notification
by the County Planning and Zoning Commission and its
recommendation on 9/13/84 in regard to the "Anthony Rezoning"
to rezone as commercial the property located at the corner
of Clemans Avenue and North Gifford Road.
`Richard Bolinger:�Eairman
I hereby certify that the above is a true and correct copy of a resolution
adopted by the Indian River County School Board at a regular meeting held
September 25, 1984.
l
..dames A. Burns, Superintendent
Administrator Wright pointed out that by County policy
everyone within 300' is notified, and the school is not within
that boundary.
Dorothy Talbert, member of the School Board, stated that she
was appearing both as a mother of children who went to this
school and a School Board representative. She felt that perhaps
in this case an exception could have been made to the 300'
notification policy. Mrs. Talbert agreed that most of the
children in this area do walk to school, and to put in anything
17
OCT 17 19084 BOOK 58 Fa,E 65
J
_I
BOOK 58 FnE 653
commercial would create a great deal of traffic. She, therefore,
urged the Commission to leave this as a residential area.
Commissioner Bird raised a question about the Smith and
Carter property that was outlined on the map, and Mr. Shearer
explained that property was up for rezoning previously, but it
was denied because it directly abuts residential; it was a
completely different situation.
Chairman Scurlock commented that while the MXD was intended
to allow flexibility and encourage redevelopment, it was supposed
to be consistent with the existing land use, which in this area
seems to be single family. He further noted that there is an
offset at that particular intersection, and you come into a "T",
which is somewhat of a dangerous situation at best.
Planner Shearer noted that when you go west of 43rd Avenue,
it is predominantly industrial, and he asked if we are going to
draw the line at 43rd or have some type of transition between
single family and industrial.
Chairman Scurlock asked if he felt commercial would be more
of -a transition than multiple family, and Mr. Shearer felt
stepping down from industrial to a restricted commercial and then
down to multiple family and on to single family would provide
the transition, especially since this does have multiple family
on two sides.
Gary Anthony, one of the owners of the subject property,
pointed out that the only opposition he hears is from the School
Board. He informed the Commission that his family originally
owned the 40 acres on which the school sits. They needed the
property for a school and offered his family $1,000; his father
gave it to them, and then without notifying him, they took away
the heavy industrial on the remaining acres. He continued that
he has been before the County staff who recommended the change to
C -1A, and the Planning & Zoning Commission who approved it, and
he felt the Board should go along with their Planning & Zoning
Commission and staff's recommendations.
18
r
The Chairman determined that no one else wished to be heard.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
closed the public hearing.
Commissioner Bird brought up the question re availability of
sewer service at this location since one of the intents stated is
to build a laundromat.
In the ensuing discussion, it was noted that the sewer line
running to the jail is not far from here.
Mr. Anthony informed the Board that right next to the
school, an outfit out of Jacksonville, Osteen's, is putting in 72
units on his property, and they are bringing in a sewer line from
43rd Avenue, about 9001. It will be on the east side right in
front of his proposed commercial project, and he would only have
to run a line 100' or so to connect.
Mr. Pinto confirmed that there is a subdivision that is
going to extend the sewer from the County system, and Adminis-
trator Wright noted that the line will go to Treasure Coast
Village so there is sewer within 8001.
Commissioner Bird stated that he would like to encourage
quality commercial development in the Gifford community and
wished to know where we are going to encourage such development
to go.
Planning Director Keating agreed that staff had a difficult
time with this question; they do encourage the commercial to go
where there already is a significant amount of it and do not
really want to encourage it in a residential area; in this case,
however, it is adjacent to other industrial land, and they feel
it is a transitional step down to the residential area.
Commissioner Wodtke agreed it is not an easy decision, and
he does understand the School Board's feelings, but it is a major
intersection. He did not believe it will create that much of a
19
V
OCT 17 1994 BOOK PAE6
I
OCT 17 1994
BOOK. �� F!•r� ���
traffic problem and stated he would support the position of
staff.
Chairman Scurlock asked if those opposing the rezoning could
identify their major concern - whether increased traffic volume
or other issues, such as ingress, egress, sufficient buffer, etc.
Mrs. Stanbridge stated that her major concern is the traffic
and the fact that the commercial will be an attractive nuisance
for children. Right now it is a clear corner and a relatively
safe place. She noted that particularly with the anticipated
housing development, she would expect the school to expand, and
there will be more children and more problems.
Commissioner Wodtke commented that one thing that concerned
him is that the School Board selected a site for the school that
was zoned for an industrial area. He noted that it is not very
often we get a site plan for any new commercial in the Gifford
area.
Commissioner Bowman commented that this is designated as a
"C" level of service traffic area, and the additional housing
probably would push it up to a "B." She felt additional housing
is more important for the area than a little convenience store,
and stated she would rather the Commercial were confined to North
Gifford Rd. where it is now.
Mr. Shearer believed what is proposed is a small grocery
store - not a supermarket and not a convenience store.
Planning Director Shearer agreed that obviously commercial
would make the daily trip figure a little higher, but in Level
"C", you can get up to 12,000 AADT, and when Lindsey Road goes
in, that would shift some of the traffic.
Commissioner Lyons believed there will be even more traffic
when 43rd Avenue is extended further north, and Commissioner
Bowman noted the improvement to Lindsey Road is supposed to
encourage truck traffic to use Lindsey and stay off North
Gifford, but then it will come right down 43rd Ave.
20
Discussion continued at length re shifting traffic patterns,
priorities, Lindsey Road, etc., and Commissioner Bird stated that
he wanted to be cooperative with the School Board in every
degree, but at some point you get to a fine line as to the proper
buffer distance from a school. He felt we must decide in our
conscience what is a reasonable buffer.
Chairman Scurlock stated that his major concern is the
transportation element, and he did not have a real clear answer
yet as to what sort of impact the proposed project would present
versus multiple family.
Commissioner Lyons agreed that the transportation element
was his major problem also, and he also just could not see
sticking one little blob of commercial there all by itself.
Commissioner Bird felt the reason we came up with the MXD
for this was we did not cluster our commercial very well in that
area in the past, and it is spotty.
Planner Shearer informed the Board that if this 1.38 acres
were left multiple family we would probably be looking at 125 or
130 trips or 10% as much as the commercial.
Planning Director Keating continued to emphasize that staff
feels the rezoning would be transitional and buffering, but.
Commissioner Bowman did not envision a convenience store as a
buffer.
Mr. Anthony stressed the point that middle income housing
will be going in; he believed there is a need for a modern
commercial facility to support that housing; and he further felt
that there isn't a store on North Gifford Road that a woman can
comfortably go in by herself.
Mrs. Stanbridge commented that she has stopped at the stores
on North Gifford Road. and there are other little stores in this
area. Also the R-1 west of 43rd is in grove that is possibly 6
to 8 years old, and she could not foresee that anything else will
be there for some time.
21
0 T 1' 1984 Boa 58 F.; U 656
I
OCT 17 1984
_I
BOOK 158 P,,cr 65 6
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the
request for rezoning to C-lA be denied on
the basis this is primarily a residential
neighborhood and commercial would be out of
place.
Commissioner Wodtke stated that he felt this is a great
opportunity to provide some quality commercial for the area, and
it seems there is no one here from this area speaking in opposi-
tion except the School Board.
Chairman Scurlock again emphasized his main problem is the
traffic, and the fact is that the school is located there; it is
going to expand; and it will not go away.
THE CHAIRMAN CALLED FOR THE QUESTION to
deny the rezoning. It was voted on and
carried 3 to 2 with Commissioners Bird
and Wodtke voting in opposition.
DISCUSS COST OF MARINE AND BEACH PATROL UNIT - SHERIFF
Sheriff Dobeck came before the Board to review the request
set out in the following letter and attachments:
22
U
P. O. BOX 608
PHONE 562.7911
R. T. "Tim" Dobeck, Sheriff
Indian River County
P. 0. Box 608
Vero Beach, FL 32960
Dear Sheriff:
R.T.IdTIM" DOBECK • rATT-)f N RXER COU.\Tn'
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
\'I:ItO 131-1",('11, 1,1.01211)", :1,060
October 11, 1984
On August 17, 1983 you discussed with the Board of County
Commissioners, a request for funds to put together a Marine
Patrol and Beach Patrol Unit, which would operate on a full time
basis.
The Indian River County Sheriff's Department is requesting to use
monies from the confiscated fund to purchase the equipment and
salary for the first year of operation. The Sheriff's Auxiliary
will also be used in this Marine and Beach Unit. We presently
have one unit that we use, but he is unable to give the necessary
coverage two units could give the County. This is due to the
increase in recreational areas, both County and private.
The need for a River Patrol and Beach Patrol (ATC) is needed on a
full time basis. Two units could give the river, spoil islands
and beach area a full time officer, seven days a week and along
with the Auxiliary officers, the Sheriff's Department should be
able to cope with the ever increasing problems that come with the
water and recreational areas.
Attached is a breakdown of the cost of the project.
Sincerely,
M. L. "Bob" Reese, Director
Special*Services
DAILY BOAT OPERATIONS
Gas 24 gallons per day @ $109.9
Oil 2 quarts Outboard Oil per day @ $2.75
WEEKLY BOAT OPERATION
Gas 120 gallons
Oil 10 quarts
26.38
5.50
$31.89 x 2 = 63.76
131.88
27.50
159.38 x 2 = 318.76
23
OCT 17 1984 BOOK, 58 FADE 658
YEARLY BOAT OPERATIONS
BOOK 58 P�",JE 659 7
Gas 6,240 gallons 6,857.76
Oil 130 gallons 1,430.00
8,287.76 x 2=16,575.52
ATC'MOTORCYCLE OPERATION
Gas 730 gallons per year 802.27
Oil 12 quarts per year @ 1.00 per
Man hours on river per day approximately five (5) hours per day.
Beach Patrol - Maintenance and travel time approximately three (3)
hours per day.
The hours spent on the water or beach will be as needed in any area;
i.e. holidays and emergencies.
SALARY ONE PERSON
Yearly basis for two (2) boats $16,575,52 Salary 14,772
814.27 FICA 1,040
Ret. 2,130
Life/
Health 1 920
SALARY & BENEFITS TOTAL $1
Cost of ATC & Trailer 2,071.00 Vehicle 14,500.
Cost of Boats (2) 15,028.00 Radio 810.
Expenses for one Deputy 36,285.00 Uniforms 527.
TOTAL $70,773.79 Equipment 586.
..,BID FOR BOAT, MOTOR &
EQUIPMENT
V20 Steplift (Wellcraft) 20 Ft. 1985
.'6,085
* Johnson 185 TXCO
5,700
Fuel Filter & Water Seperator
19
Water Pressure Guage
49
Voltometer
25
Hourmeter
45
Tachometer
80
Compass
85
Wiper
60
2-85 Amp Marine Battery
130
Battery Switch & Wiring (cables, lugs)
= 30
Shift & Throttle Cable (one of each)
..50
VHF Radio (Cybernet CTX 1200) W/ant. & Mount
195
Labor
336
Box Seat
325
13,214.
* Less Motor
From O.M.C.
For Two Boats & Equipment
24
5,700
$7,514.
$15,028.
Sheriff Dobeck explained that the primary function of the
marine patrol concerns the policing of the housing on the
riverside of SR AlA, which is starting to boom, not only in Vero
Beach, but also in Sebastian and near the Wabasso Bridge. There
is a great increase in the housing that is accessible by water.
This patrol will also watch for safe boating and assist in the
river. There was an accident last week in the Inlet where the
patrol boat was able to respond and assist. The Sheriff
explained that they now have one man assigned to the marine
patrol and would like to transfer money from seized funds to
finance a second man for the river since it is very difficult for
anyone to stay out on the river more than five hours at a time.
They would like to*have 9 hour coverage and be able to cover
every weekend, and they are looking at a base salary, including
fringe benefits, of roughly $19,000.
Sheriff Dobeck reported that they have gotten such a good
deal on the boats, that he is asking the Commission to allow them
to purchase two boats - one for each man. The Fire Department
has a need on occasion, and he would make these boats available
to any other agency with an emergency on the river. The Sheriff
reviewed the bids, noting that the first one was $12,000 just for
the hull; the second was $13,000, and the last bid was for a 1985
20' Wellcraft for $7,514 for the hull - almost a $6,000 saving;
in addition, Outboard Marine Corporation has offered to donate to
the Sheriff's Department two O.M.C. engines, which cost $5,700
each. Sheriff Dobeck continued that a hull was donated to the
Department several months ago, and they traded it for a trailer
for one of the boats.
Sheriff Dobeck then spoke of the need for a Yamaha ATC type
vehicle for patrolling of the beaches, noting that Indian River
Shores has one, which is working very successfully. He believed
that Indian River Shores is in the process of building a ramp so
the vehicle does not interfere with the dune line, and that is
what the Sheriff's Department would use, unless there was an
25
OCT 17 1994 BOOP( 58 PnUF.660
I
OCT 17
1994
BooK 58 FVIcP
661
emergency situation.
The Sheriff requested that the Board reach
a decision in regard to the two boats and expansion of the marine
patrol. He noted that boats have a long life.
Question rose as to whether the new boats would be kept on
land or in the water - and Sheriff Dobeck noted that their
existing boat has a considerable problem with barnacles. He felt
one boat could be kept behind the jail and one at the Beach Fire
Station. They would like to keep them covered in some manner,
and possibly an officer could take one home at night on a
trailer.
Commissioner Bird asked about the interaction between
this patrol and the Florida Marine Patrol.
Sheriff Dobeck stated that the primary responsibility of the
Florida Marine Patrol is boating safety, improper boat registra-
tion, improper equipment, etc. He believed there will be some
overlap, but noted that the Florida Marine Patrol does not patrol
the housing developments along the river re possible burglaries,
etc.
Commissioner Wodtke questioned the need for a $14,000 four-
wheel drive vehicle to pull these boats if the patrol people are
going to be working full time.
The Sheriff explained that there would be dual utilization
of the vehicle, and the four-wheel drive would be needed for
emergency situations on the beach. He further noted that if
we have an emergency at Sebastian Inlet, it would be much quicker
to haul the boat up there than go by way of the river.
Commissioner Wodtke felt we have an ordinance prohibiting
vehicles on the beach, and Attorney Brandenburg agreed, but
stated there is an exception for special governmental activities
at the discretion of the Board. Also, the Ordinance is not
applicable to the Sheriff when he is in pursuit.
Commissioner Bird commented that this payment seems
relatively painless because we are getting the monies from
26
confiscated funds, but if these funds are not available next
year, what kind of an on-going expense are we looking at.
Intergovernmental Relations Director Thomas stated that
actually the maintenance of the motors will be done by O.M.C.,
and our expenses will be mainly fuel and operational expenses.
Commissioner Lyons felt there is no question that we need
more patrol in the river and that we need beach patrol, but he
believed we will have to have a ramp, such as the one in Indian
River Shores, in order to handle problems on the County beaches.
Commissioner Bird noted that there is a ramp at Round Island
Park, but it is built to prohibit use by vehicles.
Director Thomas did not feel it would be a problem to modify
that ramp to accommodate the proposed vehicle. He concurred that
it is important to have the two boats and the other proposed
equipment, and did not feel that it has been mentioned that there
are people who are trained to assist in this area as auxiliaries.
Commissioner Lyons agreed it is important for the deputies
to have some backup, and also that auxiliaries would be
important, especially in a boating situation.
Commissioner Wodtke inquired about being covered for liabil-
ity on the auxiliaries, and the Sheriff stated that they fall
under their blanket policy.
Commissioner Lyons believed this is a necessary patrol and
we must find a way to accommodate it.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, in view
of the need, and recognizing that next year
this probably will have to be a budget item,
to approve the Sheriff's request to use monies
from the confiscated funds for Marine and Beach
Patrol based on the figures presented today.
27
OCT 17 1984
BOOK 58 PA.Cc66
0 CT 17 1984
BOOK 58 P,r -UE 663
Commissioner Bird still wished to figure out the best way to
store the boats to protect them and give them the ability to
respond quickly. He felt possibly we should have one in the
water.
Sheriff Dobeck noted that he has stored boats in slips in
the Sebastian area, and the Department has a good relationship
with property owners in the area.
Commissioner Wodtke continued to express concern over
$14,000 for a four-wheel drive -vehicle, and Sheriff Dobeck stated
that they have a four-wheel drive now that is in need of repair,
and they will check into this. He pointed out that the boats are
heavy.
Administrator Wright reported, for the record, that as of
September 30th there is $103,000 in the confiscated funds account
that is not obligated.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
CONTINUATION OF PUBLIC HEARING - COUNTY -INITIATED REQUEST TO
REZONE 107.1 ACRES ON SR 60 FROM B-1 TO R -2D
Attorney Brandenburg confirmed that this hearing was
advertised properly last week and the hearing was recessed and
carried over until this week.
Chief Planner Shearer made the staff presentation, as
follows:
28
TO: The Honorable Members DATE:October 12, 1984 FILE:,
of the Board of
County Commissioners.
COUNTY -INITIATED REQUEST
DIVISION HEAD CONCURRENCE: TO REZONE 107.1 ACRES
SUBJECT: FROM B-1, PLANNED BUSI-
NESS DISTRICT, TO R-2D,
MULTI-FAMILY DISTRICT
Robert M. Keating,• ICP
Planning & Development Director
FROM: F5 REFERENCES:
Richard Shearer, AICP ZC-083
rbi cif ., Long -Range Pl anni n" CT4TFF
It is requested that the data
consideration by the Board of
regular meeting of October 17
DESCRIPTION & CONDITIONS
herein presented be given formal
County Commissioners at their
1984.
The County has initiated a request to rezone 107.1 acres
located on both sides of State Road 60, east of 88th Avenue,
and one-eighth mile west of 82nd Avenue, from B-1, Planned
Business District, to R -2D, Multiple -Family District (up to 6
units/acre).
This request is part of the administrative rezoning process to
establish zoning districts consistent with the Comprehensive
Plan. The subject property contains part of Paradise Park
Subdivision. Individuals who own lots in Paradise Park have
been unable to build residences because of the present B-1
zoning.
On August 23, 1984, the Planning and Zoning Commission voted
3 -to -1 to recommend approval of this request.
On October 10, 1984, the Board of County Commissioners
instructed the staff to review this request to consider leaving
some of the subject property adjacent to S.R.60 zoned B-1.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property consists of single-family residences,
mobile homes, and undeveloped land. Approximately half of the
subject property is platted. The remaining part is unplatted
and generally in parcels of five -to -ten acres in size. North
of the subject property is another part of Paradise Park
Subdivision which contains single-family residences and vacant
lots zoned R-1, Single -Family District (up to 6.2 units/acre).
East of the subject property is a mobile home park on the north
side of S.R.60 (zoned B-1) and undeveloped land on the south
side of S.R.60 (zoned A, Agricultural District). South of the
subject property is Village Green mobile home park in an R-1MP,
Mobile Home Park District. West of the subject property are
two houses, a gift shop, a beauty shop, a strip shopping
center, the Days Inn Motel and undeveloped land zoned B-1 and
C-1, Commercial District.
W
OCT 17 1984
BOOK 58 PAPP 664
OCT 17 194 BOOK 58 PHcI 665
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
the land north, south, and east of it as MD -1, Medium -Density
Residential 1 (up to 8 units/acre). The Comprehensive Plan
also designates a 300 acre commercial/industrial node at the
intersection of I-95 and S.R.60. The land west of the subject
property can be included in the node. However, the subject
property is east of the commercial uses concentrated around the
I-95 and S.R.60 intersection and should be rezoned consistent
with the MD -1 land use designation.
The B-1 zoning district requires front yard setbacks of 75 feet
and side and rear yard setbacks of 15 feet each. When these
- setbacks are applied to the 50' x 100' lots in Paradise Park,
it leaves a buildable area of 10' x 20' or 200 square feet.
The small buildable area of these lots, combined with the fact
that most of these lots do not have frontage on Highway 60,
makes the lots unsuitable for commercial development allowed
under the B-1 zoning.
The R -2D zoning district is consistent with the MD -1 land use
designation and would allow property owners to develop their
land for single or multiple -family housing. Currently, there
are a number of parcels of land in the State Road 60 corridor
which are zoned R -2D. The R -2D district seems to be the most
appropriate zoning district for this area based on the MD -1
land use designation and the fact that several other properties
along State Road 60 have been rezoned to R -2D in the last two
years.
Based on the Board of County Commissioners' instructions to
prepare an alternate rezoning proposal for this area, the staff
has prepared a zoning configuration that would leave the south
eight lots of each block in Paradise Park zoned B-1. The area
of Paradise Park originally proposed for rezoning from B-1 to
R -2D includes twelve single-family houses. This revised
proposal would leave three of them zoned B-1 and they would
retain their status as nonconforming uses. In addition, the
north 300 feet of each of the properties on the south side of
State Road 60 would retain B-1 zoning. This would leave 14.5
acres of the original rezoning request zoned B-1 and would
necessitate a Comprehensive Plan Amendment to increase the size
of the I-95 and State Road 60 node by 14.5 acres. This
proposal would promote strip commercial development along State
Road 60 which is contrary to the objectives of the
Comprehensive Plan.
Transportation System
Some of the subject property has direct access to S.R.60
(classified as an arterial street on the Thoroughfare Plan).
The remaining parts of the subject property have access to
local roads which feed into S.R.60. The maximum development of
the subject property under R -2D zoning would generate 5,250
average annual daily trips (AADT). Under the current B-1
zoning, the maximum development of the subject property could
attract up to 40,494 AADT. This amount of traffic is
approximately double the capacity of State Road 60 and is more
than four times the current 9,500 AADT.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
30
I
Utilities
The subject property is not presently served by County water
nor wastewater facilities. However, the County has immediate
plans to extend water lines along the State Road 60 corridor to
I-95. In addition, the County plans to provide wastewater
facilities for the State'Road 60 corridor in the near future.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff still recommends that all of
the subject property be rezoned to R -2D, Multiple -Family
District.
Chief Planner Shearer referred to two maps being displayed -
one showing the existing zoning and the other the existing Land
Use. (THE EXISTING ZONING MAP FOLLOWS ON NEXT PAGE)- 32a
OCT 17 1984 31
Boos 5 8 F,afE 666
-I
OCT 17 1984 BOOK 58 P �� GS7
Mr. Shearer explained that there are some rezoning
applications pending on this corridor at the intersection of
Kings Highway and SR 60 - each for 20 acre parcels. These may or
may not be approved, but they are in the works. At the present
time, the existing commercial uses are pretty much concentrated
at 43rd Avenue where there is a 140 commercial node, and the
County has approved two site plans at King's Highway - one for a
shopping center and one for a restaurant.
Commissioner Wodtke asked what area the 140 acre node
covers, and Mr. Shearer stated that in the plan it is described
as being at the intersection of Kings Highway and SR 60 and
extending east to 43rd Ave.
Commissioner Wodtke then asked whether the node at I-95
extends eastward to 82nd Ave.
Mr. Shearer explained that a couple years ago there was
discussion about it coming all the way to 82nd; the problem,
however, was that was based on an 850 acre commercial/industrial
node. Mr. Shearer continued to discuss commercial and
industrial in the area, noting that the Vista Plantation project
has gotten site plan approval for 142 acres. They have 3 acres
of commercial that was rezoned about the time the plan was
adopted with the understanding that would be a neighborhood
commercial node, and there is existing commercial zoning at
Village Green, although there is no commercial use on it at this
time.
Commissioner Bird asked if the C-1 and the R-1MP zoning at
74th Ave. could qualify as a neighborhood node or whether it
would be too close to the other neighborhood node or the major
node.
Mr. Shearer stated that if the Board wished to have
neighborhood nodes a mile apart, possibly one could be put at
this intersection, but he would anticipate rezoning that property
consistent with the Land Use Plan.
32
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In the ensuing discussion, it was agreed that as you go
westward past 74th Avenue, there is more development mainly on
the north side of SR 60.
Commissioner Bird believed there are some unusual hardship
situations on the north because of the small lots and the
commercial zoning, and Commissioner Wodtke pointed out that
actually B-1 zoning is quite restrictive and has very limited
uses; it is more of a transitional thing.
Mr. Shearer noted that you have more intense uses at the
intersection and then step down to the B-1. He believed there is
more than enough commercial zoning at this intersection.
Chairman Scurlock felt where the bank is on the south side,
west of 82nd Ave., is as far as we ought to stretch that
commercial strip back towards town. He did believe this is quite
far removed from the I-95 intersection.
Discussion continued at length about the proposed zoning
configuration in Paradise Park which would leave the south 8 lots
of each block in Paradise Park fronting on SR 60 zoned B-1; the
size of the lots; the frontage remaining in these lots after
deducting the required setbacks; and the fact that of the 8 lots
four run vertical and four run horizontal.
Chairman Scurlock stated that his suggestion would be to
stop the commercial strip where First Bankers is located on the
south side of SR 60 near 82nd Ave. and then on the north side go
just to the west of Ranchland Mobile Home Park and create a
commercial strip deep enough to provide a reasonable use of that
property. Then everything east of that would not be developed in
a manner other than allowing neighborhood nodes.
Commissioner Bird stated that rather than call it a strip,
he would prefer to call it an extension of the node.
Planner Shearer commented that apparently the Board is
talking about leaving the existing zoning intact for a certain
depth in that area on the north of SR 60, and Chairman Scurlock
felt that is pretty reasonable.
33
L OCT 17 1984
BOOKPe 3F 69%9
OCT 17 1984
Attorney Brandenburg explained that to accomplish this, the
Board could just delete from the property advertised, the portion
they wish to remain as a part of the commercial node.
Commissioner Bird emphasized that it is important to go deep
enough so that we don't have an unusable situation for the front
lots, but we also don't make a bad situation for the remainder.
Question arose as to the depth that would be reasonable.
Mr. Shearer asked if the Board wants to go all the way to
the mobile home park at 82nd Ave. on the north side.
Chairman Scurlock noted that all they have in front of them
is a very small strip with a package plant on it, and he would
have a difficult time seeing how they would use that property.
Commissioner Bird stated that he would go along with the B-1
to a certain depth in Paradise Park, but he would feel the
property east of Paradise Park should be rezoned to residential
because it abuts residential on both sides. Chairman Scurlock
agreed.
Commissioner Wodtke stated the problem he has is the people
have 174' lots and with a setback of 75' on SR 60 and a 15' rear
yard setback, they are in a bind. He wished to know if this
leaves them sufficient land to build on.
Mr. Shearer noted that it leaves them about 851, and
Planning Director Keating pointed out that they can put their
parking on that 75' setback and further noted that the 75'
setback on SR 60 applies to any zoning district on that highway.
He did feel they have sufficient area for a building.
Discussion continued at length as to the importance of
having usable property, and Mr. Keating pointed out there is
always the possibility of a variance.
Commissioner Wodtke felt basically we do not have to do any-
thing on the south of SR 60.
Commissioner Bird wished to come up with a tentative motion
so those present can understand what the Board is thinking about
at this point. He felt a proper motion would be to delete the
34
s ® �
portions that the Board wishes to remain commercial from that to
be rezoned so they would remain B-1, and delete all property
lying south of SR 60 so that it would retain its commercial
status, west of approximately 83rd Avenue.
Planner Shearer explained that what the Board is proposing
is to delete 8 lots of four blocks in Paradise Park (roughly Lots
1 thru 4 and 23 thru 26 inclusive) and all of the property on the
south side of SR 60.
Chairman Scurlock asked if anyone present wished to be
heard.
Attorney Michael O'Haire came before the Board representing
Dominic Lettiere, owner of a piece of property west of 82nd
Avenue and south of SR 60, and stated that he is in favor of the
way the Board is talking. To reinforce the direction they seem
to be heading, he wished to point out that 82nd Avenue is a truck
route and all trucks go through there and then west along SR 60
to I-95. He, therefore, felt what is being proposed makes a
great deal of sense.
Attorney Gregory Gore came before the Board representing
Mrs. Fitzpatrick, whose property is on the north side of SR 60
between 86th Ave. and 86th Court. The motion being discussed
would cover her property except for the northern three lots, and
he wished to know what the possibility would be of coming in for
a variance or rezoning of those lots.
Commissioner Bird did not feel he would support such a
request, and the Chairman agreed that we must draw the line
somewhere.
Local developer Peter Robinson informed the Board that he
does not own land out here, but felt the Board should recognize
that Paradise Park really is not a great area to build homes
because with the small lots and septic tanks, only one bedroom
homes would be allowed. Mr. Robinson did not feel the Board
would want to encourage one bedroom homes on septic tanks, and
he, therefore, felt this area should be a transition area. He
35
OCT 171994 BOOK 58
I
OCT 17 1984 BooK 58 pnF 672
pointed out that with the B-1, offices would be aP ermissable
use.
Commissioner Bird asked to what depth Mr. Robinson felt the
B-1 should go, and Mr. Robinson did not know, but suggested the
Board should look at the type of land owners, and determine
whether they are mainly absentee owners, etc., and then do some
more work on this.
Planning Director Keating informed the Board that the issue
of offices came up a while back, and staff has prepared a draft
report and will have a workshop to look into whether offices
should be allowed in some of the higher residential areas.
Planner Shearer commented that staff did look at property
configurations, and it seems that just about everybody owns two
or more lots.
Rivers Anderson, owner of property in the area, pointed out
that while 160 acres of industrial has been added to the
industrial/commercial node in the last few years, most of this
was on the west of I-95. He emphasized that the primary demand
for commercial actually is from I-95 towards town; almost nothing
west of I-95 is commercial. Mr. Anderson went on to argue that
residential will impact the traffic more than commercial; he
anticipated that there will be 3,000 new rooftops in this area in
the next ten years, or over 6,000 more people, who are going to
need a place to shop nearby so they don't impact the rest of the
SR 60 area. Mr. Anderson, therefore, did not feel that just
going to the depth of 8 lots in Paradise Park will provide
adequate commercial area for that vicinity. He further noted
that most of the first block is owned by a corporation in Miami,
and this would be ideally suited for commercial development. Mr.
Anderson hoped the Board, to combat the strip effect, would
consider allowing the B-1 to a greater depth than 8 lots.
Commissioner Bird understood what Mr. Anderson was suggest-
ing, but felt that those people who bought those lots years ago
undoubtedly bought them for residential.
Wi
Mr. Anderson pointed out that a company owns the majority of
the lots in the first block.
Commissioner Wodtke asked how long this has been zoned B-1,
and Mr. Shearer stated ten years.
Charles Palmer of 81st Terrace, longtime property owner in
this area, informed the Board that Paradise Park was sold in the
mid 50's by a developer from Miami, and at that time it was C-1
to a 1/4 mile depth all the way from 82nd Avenue to 90th. When
the rezoning was done in 1967, the late City/County Planner Val
Brennan invented the B-1 zoning to prevent gas stations and used
car lots in that area.
Sloan O'Donnell, of Village Green, informed that Board that
he just moved here recently and he is proud of the County. He
felt we all should recognize that Route 60 is the main access
route from I-95 and that it is to our advantage to maintain as
attractive an approach to the City as possible. Mr. O'Donnell
believed what the Board is trying to do is sacrifice a really
pleasant approach for commercial expediency, and he, therefore,
supported the plan the County's professional people came up with.
The Chairman determined that no one else wished to be heard.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
closed the public hearing.
Commissioner Lyons referred to the motion previously sug-
gested by Commissioner Bird, and stated that he agreed with the
approach of going as deep as 21st St. in Paradise Park to get
some of the pressure off of SR 60. He believed the people who
bought there have had a mixed history, and if we are going to
leave this as a business district, he felt we should leave it so
it is deep enough to do something with other than just another
roadside stand.
37
OCT 17 1984 aooK 58 Fnp 673
r
OCT 17 1994aoox� Fa;E 674
Commissioner Wodtke stated that he also was concerned about
having sufficient depth, and Chairman Scurlock concurred that it
should be deep enough to be usable and reasonable. It was noted
that taking the B-1 to 21st St. would provide a depth of 660'.
Commissioner Bird stated that he would go along with that.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Lyons, the Board unanimously
adopted Ordinance 84-73., instructing that the
property north of SR 60 up to 21st St. in Paradise
Park be deleted from the rezoning request and be
retained as B-1 and the property south of SR 60 also
be deleted from the rezoning.
Chairman Scurlock assured Mr. O'Donnell of the Board's
desire to keep SR 60 attractive.
38
ORDINANCE NO. 84-73
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:
Lots 1-10 and 15-24 inclusive, Block P;
Lots 1-10 and 15-24 inclusive, Block K;
Lots 1-10 and 15-24 inclusive, Block G;
Lots 1-10 inclusive, Block B;
Paradise Park, Unit No. 2, according to the plat thereof
recorded in Plat Book 3, Page 77, Indian River County
Records; said land lying and being in Indian River County,
Florida.
TOGETHER WITH:
Lots 15-24 inclusive, Block B;
Lots 1-10 and 15-24 inclusive, Block G;
Lots 1-10 and 15-24 inclusive, Block K;
Paradise Park,.Unit No. 1, according to the plat thereof
recorded in Plat Book 3, Page 72, Indian River County
Records, said land lying and being in Indian River County,
Florida.
TOGETHER WITH:
The East 20 acres of the West 30 acres of Tract 7 in
Section 2, Township 33S, Range 38E, according to the plat
of lands of Indian River Farms Company as recorded in Plat
Book 2, Page 25, as recorded by the Clerk of St. Lucie
County, Florida. Said land now lying and being in Indian
River County, Florida.
Be changed from B-1, Planned Business 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 17th day of October
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON SCURLOCK, JR.
39 Chairman
OCT 17 1984 B°QK 58 Pn 675
I
OCT 17 1984
BOOK 58 FAf,F 676
PRESENTATION BY CAMBRIAN ENERGY SYSTEM RE LANDFILL GAS RECOVERY
SYSTEM
Ron Brooks, Utility Engineering Specialist, reviewed the
following memo, noting that Cambrian Industries is proposing to
install a Landfill gas recovery system to satisfy DER require-
ments:
TO: The Honorable Members of DATE: October 4, 1984 FILE:
The Board of County Commissioners
THRU: Michael Wright SUBJECT: LANDFILL GAS RECOVERY SYSTEM
County Administrator CAMBRIAN ENERGY SYSTEMS
FROM: Ronald R. Brooks . REFERENCES:
Environmental Engineering
Specialist/Utility Services
DESCRIPTION AND CONDITIONS:
Landfills are known to generate considerable levels of methane
gas. Methane gas can cause damage to vegetation within surrounding
properties; is toxic and consequently a hazard to workers under
certain conditons; and is highly explosive and fammable, thereby
creating a potential fire hazard within the landfill.
Florida Administrative Code Chapter 17-7 requires a gas control
plan be provided for landfills and the Department of Environmental
Regulation is presently requiring a gas control program in associa-
tion with our pending application for a landfill operation permit.
Cambrian Energy Systems, in association with Pacific Lighting Systems
of California, is interested in installing a methane gas recovery
sytem within the landfill and utilizing the gas to produce energy.
They have drafted a preliminary lease and operating agreement for
the County's review and sebsequent'modification as we deem appropriate
or necessary.
ALTERNATIVES AND ANALYSES:
It will be necessary for the Board of County Commissioners to
ultimately approve and sign any agreement with Cambrian Industries.
Representatives of the firm are, therefore, presenting an introduction
to the Board to identify themselves and describe their proposed
methane gas recovery program. They will also answer any questions
and briefly explain their proposals and intent in regards to the
preliminary lease and operating agreement that they have submitted
to us for review and comment.
RECOMMENDATION:
The staff requested that Cambrian Industries give a presentation to
the Board and outline their proposed program. Staff recommends that
40
the Board review the program with the Cambrian Industries representa-
hive so that may become familiar with the proposed methane gas re-
covery system and the terms of any agreements necessary for implement-
ing the overall program. In addition, staff requests that the Board
e�-press their interest and concern in implementing the Cambrian
Industries program. If the Board determines that the proposed gas
recovery program is a positive and worth while program, staff recom-
mends that the Board authorize the County Attorney and the Division
of Utility Services to negotiate an acceptable lease and operating
agreement, and proceed towards implementing the program.
Commissioner Lyons asked if this could be done at the old
Landfill out by the Airport, and Mr. Brooks noted that has been
closed about 8 years and he doubted it would be productive enough
to make it feasible. Actually, the company would investigate to
determine whether the productivity is adequate before they
install anything.
Attorney Brandenburg informed the Board that the corpora-
tion had submitted a contract to the County, which he reviewed
and indicated he did not feel this type contract would be
satisfactory. It tied up the County's landfills and future
landfills for exploration without them actually making a
commitment to do the exploration or to release us within a
certain period of time.
Mr. Brooks stressed that this was merely a draft agreement;
the intent was simply to introduce the Board to this type
agreement.
Tudor Williams of Cambrian Energy Systems came before the
Board to make the presentation. He informed the Board that they
are from Los Angeles and his firm represents Pacific Lighting
Corporation, a 4P billion dollar company, which is listed on the
New York Stock Exchange. They have been in Florida for
approximately 3 years looking at sites. At first it was felt
this County's landfill would be too small, but they since have
found that gas generates very quickly in Florida. He confirmed
that they need to have a landfill that still has some life left
in it, and the gas at Lantana appeared to dissipate in about 8
years. As to whether they are willing to turn back landfills if
they are uneconomic, Mr. Williams reported that out of 25
41
OCT 17 1984
BOOK 5,8 . ,F 677 J
\ J
I
OCT 17 1994
BOOK,
°
fi
projects,
they have turned back three, and they would
be happy
to
put in any language needed to work this out.
Mr. Williams then gave a slide presentation of his company's
background and technology, noting that their contract would be
implemented and operated by Pacific Lighting Corporation, which
company started about 100 years ago lighting the street lights of
San Francisco with natural gas. He reported that in Florida they
have a contract with Lantana landfill and are in the final stages
of negotiating with Lake Worth.. They have about 3000 engineers
in the company and a mobile testing lab; they have operated
facilities for a long time and have sites with 50 year contracts.
Mr. Williams informed the Board that biogas is generated
from solid waste and waste water by a process called anerobic
digestion. Gas generation rates in Florida are about four times
higher than in other parts of the country and, therefore, they
are looking at smaller sites with longer lives. In testing, they
would come on the County's property at their expense and spend
about $80,000 to make tests. Mr. Williams went into considerable
detail about their testing, noting that all valves and wells are
covered. He explained how the gas is generated and controlled,
filtered, converted into electric power, etc. Mr. Williams
reviewed various uses, explaining that they can compress the gas
and sell to another user; they can scrub gas and process it to
pipeline quality; they can also scrub gas and actually use it as
vehicle fuel. Electric power looks most feasible here, and FP&L
is looking at it. In addition, there is the possibility of
co -generation, i.e., supplying steam to some nearby industries.
Mr. Williams pointed out that if something of the sort he is
proposing is not done, the county ultimately will have to cope
with the gas in some fashion. Under his proposal, in addition to
his company putting in the capital, they would also be paying a
royalty. They would like to test the County's site and if it is
economic, would like to proceed.
42
(Mr. Williams submitted
-I
brochures and financial statements, which are on file in the
Office of the Clerk.)
Considerable discussion ensued re the possible power
potential at the County landfill site and also the possibility of
utilizing energy generated from wood. Mr. Williams noted that
the Lantana landfill site, which receives an amount of waste very
similar to that of Indian River County, has a surprisingly high
gas generation rate, and he would estimate a plant of possibly
1-2 megowatts; he reported that they have plants as small as 1/2
a megowatt. As to the possibility of utilizing the wood waste,
Mr. Williams felt this area should be looked into in Indian River
County, but believed the waste stream probably is too small for
it to be economically feasible.
Chairman Scurlock noted that we are looking to construct
some wastewater facilities, one of which would be in fairly close
proximity to our landfill, and ultimately could be about a 5
million gallon per day plant. Mr. Williams stated with that
magnitude, you probably are talking about 100-200 kilowatts.
Commissioner Lyons felt, in other words, he was saying the
plant could live on its own gas, but Mr. William explained that
the gas from the Landfill basically is what he was talking about.
Commissioner Wodtke inquired if Cambrian Energy systems has
checked with the City of Vero Beach re natural gas, and Mr.
Williams noted that could be done by pipeline and it is a
possibility, but it is easier to sell it to the gas company and
have them sell it on a regulated basis.
Commissioner Wodtke asked about their price to a utility
company, and Mr. Williams explained that they sell at "avoided"
cost, i.e., the cost the utility can "avoid" in having to
purchase the energy; it is generally 30-40% lower than retail
cost.
Utility Director Pinto wished to stress that we have to
address the problem of this gas in our existing application for
an operating permit. This proposal is something the Utilities
43
BOOK 58 FAEE ��g
OCT 1 `� 194
J
OCT 17 194
BOOK 58 FnE 680
Department would like to have an opportunity to investigate
further and negotiate if it turns out to be workable. They would
like the Board's permission -to pursue this.
In further discussion, the Board members generally agreed
that this proposal seems to have great potential.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Lyons, the Board unanimously
authorized the staff and the County Attorney
to negotiate with Cambrian Energy Systems and
come back with a contract to allow testing
procedures to take place as discussed.
ENGINEERING CONTRACT FOR SR 60 SEWER FORCE MAIN
Utility Services Pinto reviewed the following memo:
TO: The Honorable Members of thOATE: October 12, 1984 FILE:
Board of County Commissioners
THROUGH: Michael Wright
County Administrator SUBJECT' SOUTHWEST REGIONAL WASTEWATER
SYSTEM - DESIGN & ENGINEERING
FROM: Terrance G. Pinto REFERENCES: A) Work Authorization
Utility Services Director #002-10/10/84
DESCRIPTION AND CONDITION:
Attached as Exhibit "A" is the work authorization for Carter & Associates/
Williams, Hatfield & Stoner to engineer and design the wastewater force
main and collection system for the Route 60 area.
The system will be designed to collect wastewater from the same general
area of Rt. 60 as the new waterline is serving.
ALTERNATIVES AND ANALYSES:
The treatment plant design will be handled in a separate proposal.
FUNDING:
Funds for the design have been prepaid by those requesting the service.
RF'('nmmP.MnATT0N
Staff recommends the Board authorize the Chairman to execute the
work authorization #002.
44
Director Pinto reported this is virtually the same group who
were interested in water, but a few more names have been added
who would like wastewater service to that area. They have funded
through the advance portion of their impact fees enough money to
design the force main system that is needed. This is a non-
refundable fee. Mr. Pinto stated that they would like to move
ahead with the engineering with the intent of servicing that
area.
Chairman Scurlock noted that the process used here was move
ahead with some owners working with the County and expand the
scope of services because of the time issue.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
approved Work Authorization #002 for Carter
& Associates/Williams, Hatfield & Stoner to
engineer and design the wastewater force main
and collection system for the Route 60 area.
INDIAN RIVER COUNTY
DATE: October 10, 1984
WORK AUTHORIZATION NO. 002 FOR ENGINEERING SERVICES
PROJECT NO.
(County) 2130-2 SR (Carter/WH&S)
TITLE: Design of State Road 60 Force Main/Pump Station Network
I. PROJECT DESCRIPTION
The Consultant is to provide the necessary design and contract
administration services to facilitate the public bidding of approximately
five and one-half miles of force main and four pump stations to provide
interim wastewater service along the State Road 60 corridor. The design
will include the recommendations included in a letter report to the
County dated July 20, 1984 with one modification as described in scope of
services below.
45
OCT 17 1984 BOOK i, F sS
J
OCT 17 1994 BOOK 58 F - A 'U F 682
II. SCOPE OF SERVICES
A. Design and Permit Phase
Design five and one-half miles of sanitary sewer force main and four
pump stations and develop construction plans and bidding documents.
The construction plans will be drawn on County supplied aerials. The
force main will run along State Road 60 thence to a county site one
and one-half miles south of State Road 60. The force main designed
as part of this project will reach the wastewater treatment plant
site via the 90th Avenue corridor.
-Consultant will assist County in its effort to secure permits from
the appropriate regulatory authorities having jurisdiction over the
proposed improvements.
Consultants will assist County in obtaining station and force main
easements by providing legal descriptions to County if easements are
within existing rights-of-way or along quarter section lines.
County will provide full cooperation to Consultants with all aspects
of the assignment and shall be responsible for all permit and filing
fees of the regulatory agencies.
B. Services During Bidding Phase
Assist County in obtaining bids for each separate prime contract for
construction or equipment;
Consult with and advise County as to the acceptability of
subcontractors and other persons and organizations proposed by the
prime contractor for those portions of the work as to which such -_
acceptability is required by the Contract Documents;
Consult with and advise County as to the acceptability of substitute
materials and equipment proposed by the Contractor when substitution
is permitted by the Contract Documents;
Assist County in evaluating bids or proposals and in assembling and
awarding contracts; and
During the construction phase, Consultant shall make periodic visits
to the site to observe as an experienced and qualified design
professional the progress and quality of the executed work and .to
determine in general if the work is proceeding in accordance with the
Contract Documents; he shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of
work; he shall not be responsible for the means, methods, techniques,
sequences or procedures of; construction selected by the Contractor or
the safety precautions and programs incident to the work of
Contractor. His efforts w4,11 be directed toward providing assurance
for Owner that the complete Project will conform to the Contract
Documents, but. he shall not be responsible for the failure of the
Contractor to perform the construction work in accordance with the
Contract Documents. During such visits and on the basis of his
on-site observations he shall keep Owner informed of the progress of
the work, shall endeavor to guard Owner against defects and
deficiencies in the work of Contractor.and may disapprove or reject
work as failing to conform to the Contract Documents.
C. Resident Project Representative
Provide a Resident Project Representative for the force main work.
The duties of the Resident Project Representative shall be per
Exhibit "A" of the Agreement for Professional Services. The services
of the Resident Project Representative are intended for the
construction contract time of the force main contract. Any
construction delays causing the construction contract to extend will
46
M M M
be billed as additional services. However, the additional
engineering fees shall be a contractor expense payable to the County
per the contract specifications prepared' under this contract. This
Work Authorization is being prepared with the stipulation that a
resident will be required on a half time basis (i.e. 20 hours per
week). If the contractor employed by the County performs the work in
a manner that requires additional on-site services the Consultants
reserves the right to recommend additional resident project
representative services and negotiate with the County for these
additional services.
III. BUDGET ESTIMATE OF ENGINEERING SERVICES
A. Design and Permitting Phase
Secretarial (WPII) 20 Hrs. @ $26.50/Hr. _ $ 530.00
Draftsman IV
340
Hrs.
@
$35.00/Hr. =
11,900.00
Survey -3 Man Crew
132
Hrs.
@
$72.00/Hr. =
9,504.00
Engineer IV
200
Hrs.
@
$46.00/Hr. =
9,200.00
Engineer VI
60
Hrs.
@
$61.00/Hr. =
3,660.00
Engineer VIII
40
Hrs.
@
$82.50/Hr. =
3,300.00
Computer
840
Hrs.
@
$ 2.00/Hr. =
1,680.00
$ 39,774.00
B. Services During Construction Phase
Secretarial (WPII)
12 Hrs. @
$26.50/Hr. _ $
318.00
Engineer IV
128 Hrs. @
$46.00/Hr. =
5,887.00
Engineer VI
40 Hrs. @
$61.00/Hr. =
29440.00
Engineer VIII
10 Hrs. @
$82.50/Hr. =
825.00
C. Resident Project Representative
Res Proj Rep II
IV. COMPLETION DATE
$ 9,471.00
400 Hrs. @ $32.00/Hr. = 12,800.00
$ 12,800.00
Sub -Total $ 62,045.00
Printing Allowance $ 1,000.00
Total $ 63,045.00
Budget $ 63,000.00
The design phase will be completed within 45 days from date of approval
of this authorization or receipt of State Road 60 aerials whichever is
later.
Approved by:
INDIAN RIVER COUNTY, FLORIDA
Date: October 17, 1984
FA
ChaiToanF p,t.oved
and legal
ry i�
ffi
Submitted by:
=Z
IAT , tiINC
-
Dean F. Luethje, Vige President
WILLIAMS,
HATFIELD �&�S"T�ONER, INC.
Michael T. Hermesmeyer, P.E.
Vice President
47
OCT 17 1984 BOOK 5 S F9,F 683
Ln
I
OCT 17 1984
DISPOSITION OF SOUTH BEACH WATER
BOOKFUS-4
Utility Director Pinto reviewed his memo, as follows:
TO: The Honorable Members of thOATE: October 11, 1984 FILE:
Board of County Commissioners
THROUGH: Michael Wright
County Administrator RECOMMENDATION TO TRANSFER
SUBJECT: SOUTH BEACH WATER PROJECT
TO THE CITY OF VERO BEACH
FROM: Terr Pce G. Pinto REFERENCES:
Utility Services Director
DESCRIPTION AND CONDITIONS:
A) 2/15/84 BCC Meeting Minutes
February 15, 1984, staff presented to the Board their recommendation
to transfer the South Beach water project to the City of Vero Beach.
Minutes of that presentation are attached as Exhibit "A". In
staff's recommendation, Alternative 3 was recommended; it stated,
"As per our agreement with the City of Vero Beach dated September
16, 1981, we have the option of transferring the existing water
system to the City of Vero Beach as soon as the construction
improvements are complete".
ALTERNATIVES AND ANALYSES:
Individuals currently trying to develop in the South Beach area,
have to apply for a franchise from the County and then become
a part of the City's service area.
RECOMMENDATION:
Construction improvements have been completed on the South Beach
water project, therefore, staff recommends transferring the existing
water system to the City of Vero Beach at this time.
Director Pinto noted that this is an old subject being
brought up again - what to do with our system we own but do not
really operate on the beach. We have agreements with the City
that if we do not intend to serve that area with County water,
the system will be turned over to the City. It was staff's
belief and still is that we cannot economically serve South Beach
water at a cost of 7 million to service that amount of people.
The City of Vero presently is providing service on part of South
Beach, and it would be much easier and much more cost effective
for them to expand their system to service the rest of South
Beach. If they should refuse to do that for some reason, those
48
who needed water could always come back to the County and create
a franchise and bring in their own system. Mr. Pinto felt if you
look at it logically, someone who is going to spend upwards of
one million for a water system to serve themselves could
negotiate very easily with the City for expansion of their
system. He, therefore, recommended that we follow the agreement
we have entered with the City of Vero Beach and make provisions
to turn the system over to them.
Commissioner Bird asked if this is transferring over to the
City those additional customers who paid for 255 taps. This was
was confirmed, and it was noted that we would be turning over to
them everything south of the City limits to the County line.
Commissioner Bird asked about owners with undeveloped land,
and he was assured they could put in their own system, get a
franchise from the County, or negotiate with the City.
Chairman Scurlock believed this does provide a vehicle for
some additional service into the area beyond the 255 taps, and
that it is the most cost effective solution and makes sense.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
directed the County Attorney to write the
City of Vero Beach a letter indicating the
County's position and authorized the Chairman
to execute all documents necessary to turn the
County system, lines, easements, etc. in South
Beach over to the City.
AWARD OF BID - ROUND ISLAND PARK DOCKS & DAYBEACONS
Public Works Director Davis reviewed the following memo:
49
OCT 17 1994 BOOK 58 F -H,' -)E685
I
OCT 17 1984
BOOK 5- . P�'F 68.
TO: The Honorable Members of DATE: October 9, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: Round Island County Park Docks
and Daybeacons
FROM: REFERENCES:
James W. Davis, P.E.
Public Works Directo
DESCRIPTION AND CONDITIONS
Bids were advertized September 17 and 24 and October 1,
1984 and opened on October 8, 1984 for subject project.
The project is being performed under the Florida Boating
Improvement Trust program. Subject items are being constructed
to complement a boat ramp that will be constructed by the County's
Road and Bridge Department.
Two bids were received for subject projects.
ALTERNATIVES AND ANALYSIS
The bids received -on this project were within the Engineering
Department's preliminary estimates. A Bid Bond, and Questionnaire
have been received. The low bidder has performed work for
Indian River County in the past. The bids received on this
project were $15,262.32 by John Hamilton and Sons, Inc and
$16, 747.50 by B.K. Marine Construction, Inc.
RECOMMENDATIONS
It is recommended that the Contract be awarded to the low
bidder, John Hamilton and Sons, Inc in the amount of $15,262.32.
Commissioner Wodtke wished some information about the recom-
mended contractor, and Director Davis informed him that they are
from Grant, Florida, and just finished the Blue Cypress boat
docks.
Commissioner Bird believed that we have been satisfied with
their work.
MOTION WAS MADE by Commissioner Bird,
SECONDED by Commissioner Bowman, to award
the contract for the Round Island County
Park Docks and Daybeacons to low bidder
W
John Hamilton and Sons, Inc., in the amount
of $15,262,32, as set out in the bid tabu-
lation.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
,yC
0 0
BID TABULATION
Ir
'� `'
X, 'y
BID NO.
DATE OF OPENING
Oct. 8, 1984
BID TITLERound Island Boat Docks
& Da beacons
ITEM DESCRIPTION
NO.
UNIT PRICE
UNIT PRICE
UNIT P '
2-4x3O woQd boat docks
10500
00
1041
JL
-1.
w/ wood pilings
lA 2-4x30 Wood boat docks
w/concrete pilings
12000
00
1041
92
2. 10 - 12" diameter wood
pilings w/day markers
6000
00
4693
40
3. Public Const. Bond
247
50
150
00.
Commissioner Wodtke raised a question as to wood pilings
instead of concrete, and Intergovernmental Relations Director
Thomas reported that in the last few years, the preservative used
on wood pilings has been greatly improved, and even the Coast
Guard has gone back to using them. The disadvantage of concrete
pilings is that they will crack when they are hit and then the
salt water gets to the reinforcing steel. Wood actually is not
that much cheaper.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
16TH ST. TRAFFIC & PEDESTRIAN IMPROVEMENTS - CHANGE ORDER 4
Public Works Director Davis reviewed his memo, as follows:
51
BOOK `''rf 6
BOOK 58 P�KP, 688
TO: The Honorable Members of DATE: October 10, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator SUBJECT: 16th Street Traffic and Pedestrian
Improvements - Change Order No. 4
FROM: James W. Davis, P.�C) REFERENCES•
,� • Darrell E. McQueen, Lloyd and Assoc.,
Public Works Direc� to Jim Davis, Public Works Director
DESCRIPTION AND CONDITIONS
The Public Works Division and Lloyd and Associates concur
that the left turn lanes along 16th Street at the east and
west approach to 27th Avenue can be constructed by adding
pavement to the north thereby not requiring the culverting
of the 16th Street sublateral canal. This can be accomplished
by an additional cost in the amount of $27,669.78. Also, minor
asphalt bike path connections are to be added to the job in
the amount of $2,461.32.
ALTERNATIVES AND ANALYSIS
Since the contractor wants to finalize the contract work
approved to date and receive payment for the 10% retainage
that the County is holding, the contractor would agree to the
extra work only if the County would pay the 10% retainage upon
final acceptance of the work now under contract. The Public
Works staff has no objection to this condition.
The contractor is increasing the unit quantities for the
extra work, but these increases are reasonable based on current
prices.
RECOMMENDATION AND'FUNDING
Staff recommends approval of Change Order No. 4. Funding
to be from Fund 307 - 16th Street Construction Account. The
project cost is currently under budget.
Director Davis explained that staff has taken another look
at the left turn lane at 16th Street and 27th Avenue which was
dropped previously because of the requirement of a major culvert
at the canal; now, however, they feel they can design the third
lane to the north and not have to culvert the canal. Mr. Davis
stressed that this change would improve the efficiency of the
intersection, and staff feels the benefits would far exceed the
cost. He further noted that it may be possible to delete the
52
guard rail because we are not getting any closer to the canal, or
at least decrease the guard rail work.
Commissioner Bird asked if this is an extension of the over-
all project, and Director Davis stated that no time extension is
requested by this change order. The work is to be completed
before December 16th, and the signalization changes are in
already.
Commissioner Wodtke wished to be sure this work is not some-
thing we could get done for a lot less than by adding it to the
contract.
Director Davis assured him that the increases that
contractor has asked for are reasonable.
Commissioner Wodtke wished to know if there was additional
engineering cost, and Mr. Davis stated there was none.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
approved Change Order 4, 16th Street Traffic
Improvements, with the understanding that it
is not to exceed the price of the estimate;
that Director Davis will determine whether or
not we need all of the guard rail and delete
what is not needed; and that we pay the re-
tainage based on the approval of the Public
Works Director.
OCT 17 1984
53
BOOK 58 F" GE 6-S9
I
rOCT 17 194
rod
BOOK �8 P'GF. 6 0
CHANGE ORDER
NO. 4
Dated Sept. 14, 1984
Owner's Project No. 8105 Engineer's Project No. 82-233
Project 16th Street Traffic Improvements
Owner Indian River County
Contractor Dickerson Florida,. Inc_ Contract Date July 22, 1983
Contract For Paving Improvements on 16th Street Vero Beach, Florida
To: Dickerson Florida, Inc. Contractor
You are directed to make the changes noted below in the subject contract:
Approved a t4�for Owner INDIAN RIVER COUNTY
and legal , y iici .9 By:
B&UnAttorney Date 10 11 4 17 4 2
Gndenburg --�—
C
Nature of the Change: See attached breakdown sheet
Additional work totaling: $30,131.10
The changes result in the following adjustment of Contract Price and Time:
Contract Price Prior to this Change Order $ 2,263,615.56
Net (Increase) (VWX1NW=S resulting from this Change Order $ 30,131.10
Current Price Including This Change Order $ 2,293,746.66
Contract Time Prior to this Change Order -510- Calendar Days.
Net (Increase) (Decrease) resulting from this
Change Order -0- Calendar Days
Current Contract time including this Change
Order -510-
I
The above changes are approved:
The above changes are accepted:
Z
form
c
54
Calenday Days
LLOYD & ASSOCIATES, INC.
Engineer
By:
Darrell E. McQueen, P.E.
Date:—Spptember 14 1984
DICKERSON FLORIDA, INC.
Contractor
By: v
Date:
ACCEPTED BY:
INDIAN RIVER COUNTY
Date: x,�/iP�
_I
16TH STREET IMPROVEMENTS
PROJECT 8105
CHANGE ORDER #4
Item Est. Unit Total
No Description Qty. Unit Price Amount
110-0
Grading
1
200-1-4A
Coquina Base (12"
S.Y.
$
Primed
400
381-2
Asphaltic Concrete
4,346.00
Primed
(Type S-1)
140
425-1-361
Inlets (Curb Type P-6)
2
520-2-1
Concrete Curb & Gutter
L.F.
$
(Type F)
464
536-1-1
Guradrail (Roadway)
500
710-4-41W
Solid Traffic Stripe
$
0.12
(4" White) Paint
1250
710-4-181Y
Solid Traffic Stripe
(18" Yellow) Paint
67
711-4A
Directional Arrows
(Left Turn) Thermoplastic
4
711-6-41W
Solid Traffic Stripe
(4" White) Thermoplastic
200
711-6-41Y
Solid Tra-fic Stripe
(4" Yellow) Thermo-
plastic
1600
L.S.
$
3,955.00
$
3,955.00
S.Y.
$
8.81
$
3,524.00
TONS
$
39.00
$
5,460.00
& 20TH, AND 12TH & 20TH
EACH
$
2,173.00
$
4,346.00
Primed
448 S.Y. $ 3.'84
L.F.
$
5.90
$
2,737.60
L.F.
$
13.75
$
6,875.00
Sub -total:
$
2,461.32
L.F.
$
0.12
$
150.00
L.F. $
0.54 $ 36.18
EACH $ 45.00 $ 180.00
L.F. $
0.35 $ 70.00
L.F. $ 0.21 $ 336.00
55
TOTAL ADDITIONAL WORK: $ 30,131-10
BOOK FADE 6�
J
Sub -total:
$
27,669.78
MISC. BIKE PATH CONNECTIONS @ 16TH
& 20TH, AND 12TH & 20TH
200-1-1A Coquina Base (6"
Primed
448 S.Y. $ 3.'84
$
1,720.32
332-2 Asphaltic Concrete
(Type II)
19.5 TONS $ 38.00
$
741.00
Sub -total:
$
2,461.32
55
TOTAL ADDITIONAL WORK: $ 30,131-10
BOOK FADE 6�
J
RELEASE OF FIVE SR 60 WATER ASSESSMENT LIENS
BOOK 58 F�.H, 692
Attorney Brandenburg explained that these releases are to
remove liens which were placed for the revenue bonds for
extension of the water line out SR 60. He confirmed that the
releases are in satisfactory form and recommended they be
executed.
Commissioner Bird inquired about interest, noting that in
the liens it says "plus 10%". Attorney Brandenburg explained
that the interest on the bonds.was capitalized for a certain
period so there actually has been no interest to date.
Commissioner Bird asked if we are due any interest that we
are not getting, and Attorney Brandenburg stated that is some-
thing we have to be very careful about as as we go along and we
will be keeping an eye on it.
ON MOTION by Commissioner Bowman, SECONDED
by Commissioner Lyons, the Board unanimously
approved Release of Assessment Lien against
the following properties and authorized the
signature of the Chairman:
Pine Creek Condominium I
Condominium
Apartment
#101
- Frank &
Judith Sherako
Condominium
Apartment
#103
- Dorothy
Talbert
Condominium
Apartment
#105
- Francis
& Ann Casano, Sr.
Condominium
Apartment
#201
- Francis
& Cheryl Casano, Jr.
Condominium Apartment #203 - Frank & Judith Sherako
(Said Release of Liens have been recorded and copies are on
file in the Office of the Clerk.)
DISCUSSION RE SITUATION AT BLUE CYPRESS LAKE FISH CAMP
Attorney Brandenburg reported that the situation at Blue
Cypress has become controversial.
56
Everyone agrees it is a bad
situation and a possible problem with sewage, but each time it
comes before the Commission, there is another request to'add just
a few more houses and trailers. Attorney Brandenburg believed we
are at a point where we need to resolve this permanently. Right
now we have an individual who wants to place another trailer
there and the Health Department has refused to grant permission
for them to hook up to a septic tank. This individual is saying
that no one else out there had to comply; so, why should they?
Attorney Brandenburg reported that this property is zoned
C-1 and actually does not allow either trailers or fish camps;
however, we all know it is there. Several years ago the owners
appeared before the Commission and said they would not sell any
more lots until it was permanently sewered; so, the County then
did allow 15 more self-contained trailers, which, it turns out
are not self-contained, but they are there and the remaining lots
have been sold. The Attorney felt we must decide what we want
there and what we don't want there, find a zoning solution and
resolve the sewage problem for both the park and the camp by some
sort of assessment program. He also felt we should go back to
the ones who developed those lots and require that they pay part
of the assessment since they created this problem to begin with.
This matter is on the agenda because things are coming to a head.
Chairman Scurlock asked what about the hotel, and Attorney
Brandenburg stated that is the only thing that conforms to the
zoning. All the rest is not allowed, and the one thing we don't
want there, a hotel, actually is allowed; no building permits
were ever pulled, however.
Commissioner Bird believed that we have got to create a
central sewage system out there and tie everyone into it.
Chairman Scurlock noted that what he is talking about would
cost in the range of $200,000 or more.
Administrator Wright reported that staff is meeting at a
division head level today to chart a course of action, and
Chairman Scurlock suggested we proceed with doing what is
57
OCT 17 Boo
�;,;F6
1984
� J
OCT 17 1984 Bmo 8 fe; 6,9
necessary to get a wastewater plant out there, including looking
at an approach to funding, assessment, etc., and have the
Planning Department and staff look at a legal vehicle to create a
conformity.
Attorney Brandenburg felt we might want to create a special
zoning district to handle this matter, possibly an offshoot of
R-1RM which allows both mobile homes and conventional single
family dwellings. He noted the Commission could require that;
grandfather in everything existing; and require everyone new to
comply.
Commissioner Bowman asked about a moratorium.
Attorney Brandenburg noted that when the lots were con-
structed, they all had septic tanks even though people were
supposed to have self-contained trailers - but they didn't. The
conditions out there are really bad and there is overflow into
the canal. He did feel, however, that the one individual
now applying should be allowed to hook up for electrical and use
a septic tank. Then we should move ahead to try to resolve the
sewer situation.
Utilities Director Pinto pointed out that we are right in
the middle of the County Master Plan for sewer, and he suggested
this area be included in the scope of the contract since it is a
pressing problem.
Administrator Wright did not feel it would amount to all
that much and suggested that we negotiate a price as we do not
want to have to hire someone to develop a plan just for that
small area. He noted that we do have a wastewater plant
available; that is not the problem. The problem is getting the
effluent to the plant and getting rid of it.
Intergovernmental Relations Director Thomas noted that we
have been concerned about the situation at the County Park at
Blue Cypress for some time, even with septic tanks, etc., the
problem is you are surrounded by swamps and clay.
58
Commissioner Lyons felt now that this has become a matter of
public knowledge, we should not allow anyone to do anything
further that is illegal to add to the problem.
Motion was made by Commissioner Lyons to declare a
moratorium on any further development at Blue Cypress Lake until
we can come up with an ordinance that will accommodate additions
to the community out there.
Attorney Brandenburg pointed out that in order to adopt a
moratorium, you have to go through the same process as a rezoning
with notification and advertising, hearings, etc.
Commissioner Lyons withdrew his Motion.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, to instruct
the Attorney and staff to come up with a
recommendation for an ordinance to control
the situation at Blue Cypress Lake so that
we can have a zoning that will be compatible
with the circumstances.
Commissioner Bird felt the one applicant mentioned by the
Attorney should be allowed to hook up, but Commissioner Lyons did
not feel we have a right to; if the law doesn't allow it, how can
we?
Attorney Brandenburg reported that the only thing holding
this individual back at this point is the okay from the Health
Department to put down a septic tank. If the County adopts a
Motion indicating their intent to resolve that situation, he felt
that would be alleviated. He noted that there are 99 lots out
there all using some type of septic system. This lot has a
septic system and would receive a variance. They just waited
until now to apply.
Commissioner Bird agreed they should be allowed to hook up,
59
BOOK 58 PAGE695
OCT 17 1984 BOOKS
but Commissioner Lyons noted if the Health Department wants to
accept that we are moving ahead, then the Health Department can
give them the go-ahead to hook up; he, however, did not feel that
the Commission has the right to say yes or no.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
DISCUSS ABOLISHMENT OF HOUSING.FINANCE COMMITTEE
Chairman Scurlock reviewed the following memo:
TO: Bd. of County CommissionersDATE: October 8, 1984 FILE:
SUBJECT: Housing Finance Committee
FROM: Don C. Scurlock, Jr. REFERENCES:
Chairman )(591
In reviewing our files on the Housing Finance Committee, it appears
that the Committee has not been active for some time, and there are
no members serving on it at present. Mr. Clark Bennett and Mr. Paul
Bubenday resigned from the Committee; Mr. William Koolage and
Mr. Vince Valentino were never reappointed when their appointments
were up in July, 1983.
In the past, the County Commission has discussed combining this
Committee with the Finance Advisory Committee.
It is suggested that we either abolish the Housing Finance Committee;
combine it with the Finance Advisory Committee, or appoint 5 new
members to reactivate the committee.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
agreed to abolish the Housing Finance Com-
mittee and combine its function with the
Finance Advisory Committee.
60
FORMATION OF TECHNICAL COORDINATING COMMITTEE RE HAZARDOUS WASTE
The Board reviewed the following letter from the
Chairman of the Treasure Coast Regional Planning Council:
September 24, 1984
The Honorable Don C. Scurlock, Jr., Chairman
Indian River County Board of Commissioners
1840 25th Street
Vero Beach, FL 32960
Subject: Hazardous Waste
Dear Chairman Scurlock:
s At its September 24th meeting, the Council approved the creation of a
Regional Liaison Committee (RLC) and a Regional Steering Committee (RSC)..
j The Council also is urging each county to establish "a Technical Coord_ ina-
t nn Committee (TCC). The creation of such committees is to promote local
and public information programs for citizens and generators of hazardous =
waste.
4;
The Regional Steering Committee will be made up of only those individuals
Pr
in county agencies and departments who directly carry out certain work
`
tasks as defined in the Council/County Hazardous Waste Agreement, However,
r`
k
we need each county to nominate 5 individuals to the Regional Liaison
9 son
Committee. This group will be responsible for increasing the awareness and
knowledge of hazardous to the local
-
t
—waste, citizens of their respective
counties. In nominating your representatives, please select one of each of
the following categories:
1. Citizen organization (e.
9 g., League of Women Voters)
2. Environment:--
„:
3. Business
4. Agriculture ..
5. Government
would appreciate if you would have your nominations ready to submit to
Council at its October 19th meeting.
Also, the Council strongly endorses that each county also establish a local
Technical Coordinating Committee (TCC). Since the Legislature has directed
:� Ct
that each county be involved in the management of hazardous waste, now and
in the future, the creation of the TCC can provide the county with a manage-
ment mechanism. The purposes of the Committee should be:
a
1. Promote coordination among all agencies/departments involved
rr R
in handlina hazardous wastes.
61
CT 17 1984 BOOK 58 PAcF 697
I
OCT 1? 1934
BOOK 58 FACE 698
2. Raise the awareness and knowledge among county staffs of the
significant use of hazardous materials in their governmental
operations.
3. Develop siting criteria for hazardous waste storage/transfer
stations.
Since each county has its own unique governmental structure, those serving
on the TCC may differ from county to county. However, the following
agencies/departments typically have certain responsibilities with regard to
hazardous waste management and, therefore, should be considered. Some
suggested groups or individuals include:
1. Fire department
.2. Land fill supervisor
3. County planner
4. Solid waste authority
5. Environmental health officer
6. County attorney ,
7. Code enforcement officer
8. Municipal representatives
Your attention to this matter is gratefully appreciated and we look forward
to receiving your nomination to the Regional Liaison. Committee in the near
future. Should you have any questions on this matter I would request you
contact Sam Shannon at the Council offices at your earliest convenience.
Yours truly,
Honey Du can
Chairma
Commissioner Lyons passed out a resume on Sherman Reed, who
has considerable chemical background, and stated that he would
nominate Mr. Reed.
Discussion ensued as to whether everyone appointed must be
for a definite area, and Commissioner Lyons stated that in his
discussion with the Regional Planning Council, they indicated
they just didn't want to have everyone from only one area of
expertise.
Question arose as to whether this nomination is for the
local technical coordinating committee, and Attorney Brandenburg
noted that the Council is asking for nominations to the Regional
Liaison Committee and also suggesting that each county establish
a local Technical Coordinating Committee.
Commissioner Lyons stated that his nomination was for the
local Technical Coordinating Committee, but in discussion, it was
felt Mr. Reed should be on the Regional Liaison Committee.
62
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
nominated Sherman Reed to be on the Regional
Liaison Committee as a representative of Citizen
Organization.
The Board then studied resume received from Sloan O'Donnell,
who also has considerable background in chemical engineering.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Lyons, the Board unanimously
nominated Sloan O'Donnell to be on the Regional
Liaison Committee as the Environment representative.
Discussion ensued as to a member representing government,
and Commissioner Wodtke suggested Administrator Wright. The
Administrator requested that it be either himself "or designee."
Commissioner Bird felt Environmental Engineer Ron Brooks would be
more appropriate since it is his field.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Bowman, the Board unanimously
nominated Ron Brooks, Environmental Engineer
for the Utilities Department, to be on the
Regional Liaison Committee as the Government
representative.
Commissioner Wodtke suggested that the nominees be informed
as to whether or not a financial disclosure is required and also
be made aware that the meetings probably will be held in Stuart.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Lyons, the Board unanimously
63
BOUK 8 FAGE 699
�0 CT 171994
�OCT 1? Ix,84 ���
B00K 58 PAGE 700
requested the Administrator to come back to
the Board with recommendations for.appointees
to the local Technical Coordinating Committee.
OUT -OF -COUNTY TRAVEL - RATE SEMINAR
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
approved out -of -County travel for Chairman
Scurlock and appropriate staff members to
attend the Twelfth Annual Eastern Utility
Rate Seminar to be held in Fort Lauderdale
October 22-26, 1984.
REPORT ON MEDICAL EXAMINER
Commissioner Lyons reported that he and Attorney Brandenburg
traveled to Tallahassee to appear personally at the State Medical
Examiners Board meeting. He continued that the Board accepted
the formal complaint made by States Attorney Stone and also
recognized the presence of himself, Attorney Brandenburg, and St.
Lucie County Commissioner Sherry King as being there to back up
the complaint. Although they did not have the opportunity to
speak at the meeting, Commissioner Lyons felt the trip was
worthwhile in that it demonstrated that we felt very strongly
about this situation. Commissioner Lyons stated that he did want
to get a copy of a letter he wrote to Attorney Stone on October
5th into the hands of the chairman of that board. To do that he
would like to write the Chairman thanking him for accepting the
complaint and for the promise that he would investigate, and with
that letter, enclose a copy of the letter he wrote States
Attorney Stone setting out the history of the whole situation
with Dr. Walker. Commissioner Lyons requested that the
Commission endorse this letter as an official statement from the
Commission rather than just his letter to Attorney Stone so that
64
it would be clear that it represents the Board's state of mind
collectively.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Lyons, the Board unanimously
adopted the letter dated October 5, 1984,
written by Commissioner Lyons to States Attor-
ney Stone as indicating the Board's official
position with regard to the Medical Examiner.
Commissioner Lyons noted that we wanted three things - a
full time Medical Examiner; a Medical Examiner who was a forensic
pathologist; and one who would be located at the college. He
believed that is what we agreed on previously, and States
Attorney Stone would like a statement from the Board indicating
that still is our position. Commissioner Lyons suggested that
the Board direct the Attorney to draft a Resolution indicating
that is our position.
Attorney Brandenburg felt these points could be included in
a covering letter with Commissioner Lyons' letter of October 5th.
Chairman Scurlock stated that he would go one step further
and state that under no conditions is Dr. Walker acceptable.
Commissioner Bowman noted that she attended a Medical Work-
shop recently, and it was her understanding that there are fewer
than ten medical pathologists in the state; therefore, we may be
going out on a limb.
Commissioner Lyons realized that, but felt we could be very
happy with the two doctors whom Dr. Walker just fired. He stated
that he would be happy to include the statement that we don't
want Dr. Walker under any circumstances.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
instructed the Attorney to include the points
65
OCT 17 1984 BOOK 58 Pt ,F 701
OCT 17 1984
BOOK
just discussed in a covering letter and indi-
cate this was the Commission's position at
this meeting.
COMMENT ON DODGE REPORT
8 pmc-t 702
Commissioner Wodtke wished to make the Board aware that the
Dodge Report, which lists new construction in the State, has
erroneously indicated that Indian River County is going to build
a new jail on Winter Beach Road.
REPORT ON BEACH EROSION
Commissioner Wodtke informed the Board that he has received
information from the DER indicating that the City of Vero Beach
has made an application for an experimental 500' section of
artificial seaweed to be placed along Conn Beach. If the County
had any comment to make on the application, it would have to be
made before October 24th.
The several bills and accounts against the County having
been audited were examined and found to be correct were approved
and warrants issued in settlement of same as follows: Treasury
Fund Nos. 13087 - 13475 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, sec-
onded and carried, the Board adjourned at 12:55 o'clock P.M.
Attest:
) V
5
Clerk Chairman
66