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HomeMy WebLinkAbout1/30/1985Wednesday, January 30, 1985 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, January 30, 1985, at 2:30 o'clock P.M. Present were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. 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 Commissioner Wodtke led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Scurlock requested the addition of two items - authorization for the Chairman to sign the State Aid to Libraries Agreement and authorization to set up a workshop regarding additional space needed for County offices. Attorney Brandenburg wished to add a discussion on the John Lyon vs. Indian River County lawsuit. Fair. Commissioner Bird wished to add a brief report on the County ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously added the above items to the agenda as requested. SELECTION OF RATE HEARING DATE - FLORIDA CABLEVISION a The Board reviewed staff memo, as follows: JAN,3 0 1995 BOOK 59 N1U � '� JAN 3 0 1995 BOOK 5 9 PNGf. 69 7 TO: The Honorable Members of theDATE: January 24, 1985 FILE: Board of County Commiss' ners THRU: Terrance G. Pinto Utility Servicesi ectorSUBJECT: FLORIDA CABLEVISION - RATE HEARING FROM: Joyce S. Hamil to �w REFERENCES: Franchise Administ 4for Utility Services DESCRIPTION AND CONDITIONS: Staff is prepared to finalize rate hearing plans for Florida Cablevision. When discussions were held with the City of Vero Beach in regards to funding a joint (City/County) study of the rate packet, discussion of a joint rate hearing was also held. ALTERNATIVES AND ANALYSES: At this time, we are requesting the Board to discuss this upcoming hearing and how they would like it handled as to date, place, and the possibility of a joint hearing with the City. Due to the schedule of our out of town rate expert, we are requesting the Board to select at least two alternative dates for the hearing. RECOMMENDATION: Staff recommends the Board select two alternative dates; recommends the Chamber be the hearing site; and recommends a joint hearing with the City of Vero Beach. Utilities Director Terry Pinto confirmed that the rate increase has been analyzed by a consultant as directed by the Board, and we are ready to proceed with the rate hearing. The City of Vero Beach also has a request for a rate increase, and Mr. Pinto wished to know if the Board was interested in having a joint meeting with the City, if the City is interested. Commissioner Scurlock suggested we establish a date and time for a hearing, notify the City of same, and invite them to participate. Commissioner Bird asked if Florida Cablevision had any objection to a joint hearing with the City and County, and Billy Crosby, Manager of Florida Cablevision, stated that he always has thought of these governmental bodies as separate entities 2 although he realized they have participated in a joint study. He stated that he would not object to a joint hearing, however. Discussion followed in regard to setting alternative dates as requested by the consultant, and Franchise Administrator Joyce Hamilton noted that Mr. Crosby needs the rates in effect by March 1st. With the required procedures to be followed, advertising, etc., she felt the hearing would have to be about Tuesday, February 19th. It was noted that the City Council meets on Tuesday evenings. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized staff to advertise a hearing on the Florida Cable- vision rate increase request for Monday, February 18, 1985, at 7:30 P.M. and agreed to invite the City of Vero Beach to participate but not to make the meeting contingent upon it being a joint meeting. Mr. Crosby informed the Board that they are proposing to add three or four additional channels as of March 1st. Mrs. Hamilton stated that she would contact our consultant in regard to the meeting date, and it was agreed to continue this item in case it is necessary to set an alternate date. �'AGREEMENT FOR STATE AID TO LIBRARIES ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Agreement with the State Division of Library Services and authorized the signature the Chairman. 3 JAN 3 0 19 5 Boon 9 FA698 CE STATE AID TO LIBRARIES Agreement Between STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES and the BOARD OF COUNTY COMMISSIONERS Of INDIAN RIVER COUNTY This Agreement, made and entered into this BOOK 59 Pf:")C 6.9 day of 1985, by and between the State of i Florida, Department of State, Division of Library Services, hereinafter referred to as the DIVISION, and the Board of County Commissioners of Indian River County, hereinafter referred to as the COUNTY. WITNESSETH WHEREAS, the DIVISION is authorized pursuant to Sections 257.17, 257.172, 257.18, and 257.19, Florida Statutes, to administer operating, regional library, equalization and establishment grants for public library service; and, WHEREAS, funds have been appropriated to the DIVISION under Sections 257.17, 257.1729 257.18, and 257.19, Florida Statutes; and, WHEREAS, the COUNTY has made application and certified eligibility for receipt of a grant as authorized under 257.17, Florida Statutes; and, WHEREAS, the COUNTY has centrally expended for the operation of public library service during the fiscal year ending September 30, 1983, the amount of $216,392, exclusive of federal and state grants; NOW THEREFORE, WITNESSETH THAT the parties. hereto mutually agree, in execution of the Agreement, as follows: I The COUNTY agrees to expend grant funds awarded pursuant to this Agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and Chapter 1B-2, Florida Administrative Code, relating to free public library service, and to provide access to financial records when an audit is deemed necessary by the DIVISION. 4 II The DIVISION, for and in consideration of the COUNTY'S performance hereinunder, and contingent upon the availability and release of funds to the DIVISION, awards an operating grant in the amount of nineteen thousand, two hundred sixty-one dollars ($19,261), to be released in quarterly allotments, in accordance with the schedule set forth in ATTACHMENT A. IN WITNESSETH WHEREOF, the parties hereto have agreed and executed the Agreement the date and year first above written. ATTEST: )IttA,_ 1e ta�.1'. Clerk of the Circuit/Court Indian River County 59-600-674 Federal Employer's Identification Number George Firestone Secretary of State State of Florida Chairman, Board oL4ity Commissioners Indi River County ATTACHMENT A Quarterly Allotments Payments October 1, 1984 $ 4,815.50 January 1, 1935 $ 4,815.50 $ 9,631 April 1, 1985 $ 4,815 July 1, 1985 $ 4,815 $ 9,630 The first payment will be made on receipt of the signed contract. ' The third and fourth quarterly allotments will be processed for payment in April, 1985. 5 JAN 3 0 1985 eocf{ Apprc.ved as z) io; m aod Icrjai uiiici:-fr ;J ATTACHMENT A Quarterly Allotments Payments October 1, 1984 $ 4,815.50 January 1, 1935 $ 4,815.50 $ 9,631 April 1, 1985 $ 4,815 July 1, 1985 $ 4,815 $ 9,630 The first payment will be made on receipt of the signed contract. ' The third and fourth quarterly allotments will be processed for payment in April, 1985. 5 JAN 3 0 1985 eocf{ F_ JAN 30 1995 /SET DATE FOR WORKSHOP ON FLOOR SPACE BOOK 59 `E701 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously author- ized staff to set up a workshop re additional office floor space for Tuesday, February 5, 1985, at 1:30 P.M. ,/LAWSUIT - JOHN LYON vs. INDIAN RIVER COUNTY Attorney Brandenburg noted that this lawsuit arose as a result of the Planning & Zoning Commission approving Mr. Lyon's site plan for a shopping center by Vista Royale,.which approval was appealed to the County Commission and eov rturned by this Commission based on various items introduced at that time, including major objections from Vista Royale Home Owners Association. The County Attorney continued that since that time his office has been working with both the Home Owners Association and Mr. Lyon and his counsel, and he believed that an amicable arrangement to settle the lawsuit has been reached and would ask that the Board consider this today. Attorney Vocelle came before the Board representing John Lyon, and Attorney Brandenburg announced that these conversations are in way of negotiating a settlement and are not admissible in the event that we are not able to arrive at a settlement and cannot be used against either party in any shape or fashion. He inquired if this was agreed, and Attorney Vocelle confirmed it would be so stipulated. Attorney Brandenburg informed the Board that Mr. Lyon has agreed to install a decorative solid masonry wall 60" high run- ning from the point of beginning of the first building along the south side of the property to the east property line and then north to the north property line, containing a 3' opening with a gate fixture to be used for access by pedestrians from Vista Royale as well as golf carts, and to be locked nightly for security purposes. C.1 Attorney Vocelle felt the gate had been done away with, and Mr. Lyon noted the plan was drawn to show a 10' wide opening with a post in the center. Attorney Brandenburg insisted that there must be a security gate and asked why Mr. Lyon wished the opening to be 10' wide; Mr. Lyon explained that it was in order to allow for two way golf cart traffic. Commissioner Bird did not believe you can fit a golf cart through a 3' opening and felt a 10' opening with a post in the center would be fine as long as it had a locked gate. It was noted there will be a 24-hour restaurant, and the homeowners are worried about trespassers coming through the gate. Mr. Luckett, representative of Vista Home Owners Associa- tion, asked if the gate couldn't be just as wide enough for only one golf cart to fit through as he could not imagine there would ever be that much congestion. Attorney Brandenburg felt the important issue is that it be locked at night to meet the security requirements. Chairman Lyons asked if this matter is really ready for agreement today as he did not want to sit here and negotiate. Commissioner Scurlock believed that Mr. Luckett had agreed to seven items, and he was just interested in hearing them and seeing if we want to settle based on those conditions or whether we want to move ahead with the lawsuit. Attorney Brandenburg listed out the following conditions: 1) The masonry wall to be built as discussed above and plantings provided on the interior side of the wall that will mature and grow above the wall. 2) The dumpster on the southeast corner of the site will be relocated. 3) The air conditioning is to be designed with baffling to prevent noise being directed towards the condos. 4) The center's lighting is to be of the low mushroom type, not up on poles, except at the entrance of the center and directed away from the condominiums. 5) The signage on the back of the retail buildings is not to be lit signage. 7 BOOK FACE 1 JAN 3 0 1935 Boa 5F,t CE 703 6) The easterly building will be moved 8' to the west to get as far away from the condos as possible. 7) There will be language stipulating that there will be no more than one 24 hour restaurant on the site. Attorney Brandenburg continued that one of the main concerns when the Board was considering the site plan was the traffic at that intersection, but it has been determined that we cannot improve the traffic there unless both Mr. Lyon's plan and the north entrance of Vista Royale are merged into one joint entrance. The people at Vista, however, are vehemently against using that as a joint entrance; so, it seems there is no traffic solution that would not, in the opinion of Vista Royale, nega- tively impact them even worse than having it as originally designed trafficwise. Attorney Brandenburg, therefore, recommended that the Board approve the site plan based on the above stipulations and settle the lawsuit. Attorney Vocelle confirmed that Mr. Lyon has agreed to everything that Attorney Brandenburg has proposed so far. Mr. Luckett stated that he only had one request and that related to the setback of the wall on the south property line. He believed the purpose of the wall was for line of sight clearance, and he, therefore, would like Mr. Lyon to agree to set it back 201or 25' from the property line. Mr. Lyon felt the purpose of the wall was to act as a buffer between the condos and his site, and what Mr. Luckett is asking them to do is close out the commercial establishment by putting a wall in there. He stated that they are willing to put in a wall as set out in the conditions, but not to go back another 20' or 301. He noted that the wall is costing them $15 to $20,000 now. Commissioner Wodtke was concerned about the maintenance of the wall with the plantings there - and wanted to know if they will maintain the wall on both sides. Mr. Lyon confirmed that they will. Planning Director Keating informed the Board that the Planning Department has discussed this conceptually, but has 8 M never seen the revised site plan or reviewed it. He asked, if this is approved today, whether the site plan itself will be approved or just approved in concept; in other words, will it go back to the Planning & Zoning Commission again? Attorney Brandenburg stated that if the Board approves the settlement today, it is approved as shown on this site plan, and the site plan will not go back to the Planning & Zoning Commis- sion or the Planning Department again. Other than what is laid out in the record today, the site plan does not differ from that previously reviewed, and his recommendation is that we settle the lawsuit based on the listed improvements being made. Attorney Vocelle confirmed that if the Board accepts this recommendation, he would then cancel the hearing set for Thursday and move ahead to get a voluntary dismissal, and Attorney Brandenburg explained that he would do a stipulation laying out all the conditions precisely and attach a copy of this to the site plan to submit to the court for approval and dismissal of the lawsuit. Commissioner Wodtke asked if we can control that there never will be any more than one 24 hour restaurant on this site in the event this property is ever sold. Attorney Brandenburg stated that restriction would go with the site plan itself, and he will add some language that in the event any of the conditions laid out in the agreement are not fulfilled, the county will be able to enforce them through the Code Enforcement Board. - Commissioner Scurlock believed that Mr. Luckett has done an outstanding job and spent a lot of time working on this, and he appreciated Mr. Luckett's cooperation to help get this settled. Commissioner Bird noted that Planning approved the site plan originally and he would assume the modifications discussed would not throw it into any situation that would not be approvable. Director Keating stated that one of the staff attended the 01 BOOK r0 1935 JAS BOOK 59 F,e,c 7 5 meeting and discussed these items in concept, and they had no problem with them in concept. Commissioner Scurlock felt our options are clear. We have two choices - approve the site plan with the added items, which make it a much more acceptable situation, or risk going through the costly legal process and possibly losing, which would result in the site plan going through as originally proposed. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously accepted the Attorney's recommendation, approved the items as outlined, and authorized the Chairman to sign the stipulation which will indicate the Lyon site plan is approved. _,EAIRGROUNDS REPORT Commissioner Bird read the following memo to the Board: TO: C mnissioner Dick Bird, DATE: January 29, 1985 FILE: Parks and Recreation Committee SUBJECT: Fairground Report FROM: Donald G. Finney l— �. REFERENCES: Parks Engineering Technician The Firefighters would like to thank the Commissioners for making the permanent fairground a reality. Thanks to all the County departments and employees for their work on this project and, for their extra effort and cooperation during the construction. A special thanks to Jim Davis and the Road and Bridge Department under Albert VanAuken who worked over a year preparing the grounds. Considering the cold weather and unfamiliar location to residents and tourist who haven't lived here very long, attendance is running equal to last year and could exceed last years attendance if the weather warms UP. All of the rides have been inspected and are in operation. The amusement people are well pleased with the size of the grounds. No major problems have occured and all is running smooth considering it is the first year on these new grounds. Again, thanks for making this dream a reality. 10 Commissioner Bird confirmed that everything is running smoothly, and he felt the County Fairground effort was one of the greatest team efforts the County staff has ever done. He stated that he will be presenting further ideas later for even greater utilization of the Fairgrounds, and he believed this has great potential for the future. Chairman Lyons felt everyone involved with developing the Fairgrounds was to be congratulated. REPORT RE UTILITY PROJECTS Utilities Director Pinto presented an overview of ongoing utility projects. A. The major project - the extension from Oslo out Route 60 to 90th Avenue. Mr. Pinto doubted that most of us even realize this large project is on-going. It is on schedule and, outside of the storage tank, it is 99% complete; everything is in the ground that was in the original contract. The line is filled with water, which required several million gallons, and it is being flushed. The 3/4 million gallon water tower is being constructed and is in the process of being painted; its erection is projected for about the middle of June. There is one problem - total completion of the project would include the tower, and we have a settlement date with FHA in May. They will not settle unless the project is complete, but because FHA is playing such a small part in this major project —only about $800,000 out of 2.4 million - we may be able to move the tank out of their portion and call the project complete. Staff will meet with FHA to try to resolve this problem. Commissioner Scurlock noted that the main intent of the meeting today is to point out any area that is not absolutely clear cut. The biggest liability in this situation would be having to go to interim financing and there is a 30 -day cash flow problem. 11 JAN S 0 1985 BOOK v PmuE 706 . � awl (� 1985 BOOK 59, n cr 707 In further discussion it was explained that we will be able to draw water within thirty days from now; we do not need the storage tank for getting water to the people; it is needed for the proper pressure for fire control flow. Director Pinto gave further details about the size of this project, which involves coordinating a line that is eleven miles long with the operation at the plant and keeping at full produc- tion. Commissioner Scurlock concurred -that the project has been well handled noting that it came in on time and even a bit below cost. B. Expansion of Original Boundaries of South County Water District. Director Pinto commented that he really did not know what the Commission had in mind with the original boundaries, but believed the only place we have expanded beyond those boundaries is into Oslo and out to 90th Avenue on Route 60. The plant is designed for a future total of 13 million gallons capacity. We have 2h million presently. It was originally proposed to use the $800,000 from FHA for expansion of the treatment plant. It became apparent, however, that the need was customers and not capacity; so, we put the money in lines to gain customers on the system, which in the long run benefits both the customers and the county. If we had proceeded in the direction of expansion of the plant without expanding the customer base, Director Pinto be- lieved we would have had a substantial increase in our rate structure this year, and then when the $800,000 became a part of our debt service, we wouldn't have had any new revenue to pay it and we would be looking at an additional increase in rates. Now, by expanding the lines, we have expended $800,_,000, but have gained a revenue stream, and with way the system is set up now, by receiving impact fees, we will be 21� million ahead of the system and we can protect the existing customers from the impact of new growth. 12 - M M M Administrator Wright noted that this a unique situation; usually you borrow the money first and then collect the impact fees to pay back the borrowed money. We are just the opposite - we are getting money in advance of the need so that when we need the expansion, we pay cash and it stabilizes rates. C. Wholesale Agreement with General Development Utilities Corp. Director Pinto reported that GDC has submitted what he believed would be the last part of their agreement in regard to our wholesaling them water from our treatment plant. They will take about 1/4 million gallon capacity and have paid their impact fees based on 1,100 units. Their base facility charge will start as soon as the line is built. The water line is designed and we have discussed the route, particularly through the Oslo area. Originally, it was proposed to go down the street the school is on, but staff thought it best not to because there is an 8" water line down one side of 18th Street already, and to run a 16" line down the other side would restrict future utility growth on that street; therefore, it will be either 19th or 20th St, most probably 20th. It was first proposed to build a major line down Dixie Highway and at some point in the future, when they saw a demand, GDC would build the line at the back part of Oslo; now they are proposing to build both lines immediately as they feel they have the demand, and the construction cost to do both at the same time would be more favorable. Commissioner Wodtke asked if GDC discarded the idea of going down Old Dixie, and Director Pinto explained that they are going to extend the line from Oslo Road down Old Dixie connecting to the front part of their development and also build a loop into the back. We will have access to the line. One of the things negotiated was sizing of the line, and staff is recommending is that the line be sized specifically to meet GDC's demands, which means we will not have to participate in the cost. When we want to utilize the line to extend water into Oslo and into whatever development is taking place along Dixie Highway, one developer 13 J A N 3 0 1985 BOOK ;9 JAN 3 0 1935 1 Boa 59 PnUE 709 has extended a line down the canal which runs parallel with Dixie Highway, and we could start looping that line back into the GDC line on both sides and go to Oslo Park and start looping lines. This will increase the capacity of this line to the point where we can use it without being detrimental to their operation, and it is not necessary to enlarge their line. Commissioner Scurlock noted that because of the hydraulics of the situation, what this means is that we actually end up with additional service area without any cost. D. Master Plan for County Water. Director Pinto noted that the Board authorized development of a Master Plan for water, and a very comprehensive study is under way, which, among other things, will take into considera- tion the timing for expansion of the treatment facilities and the method in which they will be expanded, i.e., whether or not to use all the capacity in the south county and ship water to the north county or whether to build a north county plant, as well as determine at what point the two should be joined together. This study also will put us in a position where we will be able to size new lines in accordance with the needs of.the entire system. Commissioner Bird asked at what point we will have to start making major modifications to our South County plant, and Mr. Pinto believed we have several years before this would be required because the plant was designed to go another 22 million gallons without major work. If all anticipated connections were hooked up right away, we would be at capacity, but he felt this will not happen for several years. Commissioner Wodtke asked if the 250,000 gallons will give GDC sufficient capacity to go to buildout. Director Pinto explained that it will not, but GDC is becoming part of our service area, and they are a customer just like any other. They have been told that if the Board wishes to expand, we will, but if not, they will have to find another source. 14 I Commissioner Bird asked about fire hydrants, and Director Pinto explained that the utility department places hydrants with respect to their benefit for flushing lines not for fighting fires; so, they refer the developer to the Fire Department who makes a recommendation on placing of the hydrants, and they are generally spaced about every 500'. E. Estimation of Expansion for Future Growth and Policies for Line Extensions. Commissioner Scurlock believed that we very probably are underestimating just how much desire there is out there for water, which he did not believe is the case with sewer. He wished to know if we anticipate existing subdivision to go on a petition basis. Director Pinto reported that Utilities will be asking the Board for some approvals for extension of lines just for the purpose of making a good loop system - for example, at 2nd St., we would want to run a water line that would go from Dixie Highway to 20th Avenue and possibly one from 4th St. to 43rd Avenue. Administrator Wright noted that a line extension policy will be coming to the Board along with the Master Plan. Director Pinto continued that if the County runs a line, we will determine a reasonable cost of an average sized line and that is what the people would pay for that line. We would not want to assess anyone based on oversizing that they don't need. Commissioner Scurlock continued to ask about a vehicle to use to get water into a specific area, i.e., petitioning for service. Director Pinto agreed that is one method that could be followed, but what he would like to do is establish an average cost (about $500 to $600 for extension of a line) and then say that for every customer we can extend the line 1001. For example, if you have a street with ten people, we would extend the line 1,0001. If it happened that just someone at the end of 15 BOOK 59 P�,�E 710 � JAN 3 0 195 J r3 0 1995 ' pl BOOK 9 PAGE 711 Al a street wanted water, and the county wasn't ready to extend, they could say we will give you the $6,000; we would extend the line; and as the other people on the street connected, we would give them that credit. Mr. Pinto felt that would work, but believed whatever we get into will be administratively heavy. Chairman Lyons expressed concern about tracking the funds that will be collected. Administrator Wright believed we are going to have to improve our data processing department, and Director Pinto noted that a computerized accounting system that can follow this has been proposed and has been given to our data processing people, but they are having a problem putting it together. If they don't accomplish this shortly, he will come to the Board and ask that we get somebody who can do this quickly. Administrator Wright emphasized that we cannot start the program without the bookkeeping. Commissioner Scurlock hoped we have some vehicle which will set a reasonable percentage of participation to allow for the fact that we have a high rate of absentee ownership, something similar to the road paving program where there always are some who don't want to participate. Director Pinto stated there are three methods we can go with: 1) Provide that if they come up with ten customers on a street, they get 1,000' of line, or if there is only one customer, just 100' of line; 2) Have a petition similar to the Road Paving Program where the majority of the people want the water, and then the Board makes the decision about extending the water; or 3) Where you have a situation such as Oslo Park. Mr. Pinto noted that we would like Oslo Park, 4th St. and 2nd St. designed all at the same time. We can either go out for a -proposal for an engineer or extend one of the contracts we presently have, and then the Board makes a decision. He would recommend that we do 4th St. and 2nd St. right away, and on Oslo make a decision as to what method is preferred to build it, and then assess based on the cost of the project. It was generally agreed we will need a combination of approaches due to varying circumstances in different areas, and 16 � ® r -I Director Pinto noted that staff is trying their best to make it easy for people to get water. F. Review Projects in Various Areas. Director Pinto reported that water lines to supply the new Jail and our Public Works Complex have been completed. There is a little problem with the water system at the Jail because the Gifford system originally was built with a mish-mash of 4" lines and we will have to rebuild these to get fire flow. Mr. Pinto next discussed progress being made in Ixora Park and believed that right now we have about completed removing all the obstacles in the easements. Administrator Wright clarified that we have to replace every water line in Ixora Park; they are all 2", and we also had to remove 100 fences in utility easements. This is a project fraught with problems because you are digging through back yards, discon- necting homes, there are galvanized lines, etc. Director Pinto went on to discuss additional developer's agreements that will be brought to the Board for approval, i.e., the Lyon project by Vista Royale will have a developer's agreement to get waste water, as will the Oslo Shopping Center at Oslo Rd.& U.S.1. Vero Groves, a project of 400 some units on south U.S.1 will have to put in a water line. They will be our customer, not GDC's. They are moving along; their line will be oversized, and they did not pre -pay any impact fees. G. Proposed Line Extension Ordinance and General Policy Ordinance. Director Pinto reported that one workshop meeting has been held on a Line Extension Ordinance, which will be coming to the Board. They also have a fairly extensive General Policy Ordi- nance in the works regarding treatment plant installations, rules, and regulations, and if anyone has any specific comments, he would appreciate them being given to staff. All line exten- sions that have taken place in the last year are listed in this ordinance, and the system is growing tremendously. 17 B00K. � f'�GE 71? JAN 3 0 1985 BOOK, F''GE (l Commissioner Wodtke inquired if we have a specific service area mapped out and Commissioner Scurlock clarified that is part of what the Master Plan is going to do. We want to match expansion with the plant capacity, and the study will tell us whether it is better to go ahead and extend to the south, the west, etc., and when to start a north county plant. Administrator Wright believed the line extension policy will be discussed at great length when it is. presented. Director Pinto then went to a map covered with dots repre- senting the package treatment plants in the county and noted that there are about 81 plants operating under permits, plus some that just exist. In the Route 60 area there are ten existing facili- ties, and if all anticipated development took place, there would be 33 treatment plants in this area. What is proposed, and we have all 33 developers thinking the same way, is to build a line that would run along Route 60 down 82nd Avenue and build a treatment plant on the property at 82nd Ave. and 4th St. area. What was originally proposed, in order to build this line right away and facilitate areas that wanted to develop ahead of our schedule for getting our plant permitted, was to utilize the little Heron Caye treatment plant. Our plant would be designed to handle 14,000 taps that have committed themselves to impact fees, and we felt the Heron Caye plant was big enough to handle the developers who might come on line while our plant was being built. The DER, however, said the Heron Caye plant is permitted just to build their little development and it is at capacity; therefore, you can't use it, and we will not allow you a permit for dry lines unless those people have an alternate means of treatment if your facility doesn't get built. Commissioner Scurlock noted that the DER wants a commitment that we really are going to build a plant, and once we can get a plant permitted, they would cooperate in regard to allowing us a permit on the lines based on the use of temporary facilities. M DISCUSSION RE PURCHASE OF TREATMENT PLANT SITE - S.R. 60 Attorney Brandenburg reported that we have two option contracts - one for the Monroe property and one for the Catron property, and these options expires on February 6th. Attorney Garris is here representing the Monroe property and Mr. Nelson representing the Catron property; there have been two appraisals of each. The County Attorney continued that the timing problem is that County does not want to enter into a firm purchase and then discover that either the financing or the permitting for the plant falls through; so, special conditions been written into the purchase contract. He noted that the Catron contract is a little different because we were able to contact those people this week and revise it slightly whereas the others have been out of the country. Attorney Brandenburg explained that the Catron property consists of 78.82 acres and contains a grove. There is some frost damage to the fruit, but it doesn't appear there is serious damage to the trees themselves. The contract purchase price is $709,380. The appraisal by Armfield-Houck came out at $650,000 done on a market data approach and $670,000 using the income approach, or $39,380 and $59,380 under the purchase price respectively. The appraisal done by Richard Wagner came in at $675,000, or $34,380 under the purchase price. The special conditions added indicate the contract is subject to the county proceeding with the SR 60 wastewater project and obtaining permitting and suitable -financing within six months of the date of the contract. If the County were unable to satisfy any of these three conditions, the County could bow out of the contract and pay the seller $30.00 per acre for each month in that period, or $2,364 per month, which for the full six months would amount to about $14,187. Attorney Brandenburg continued that the Monroe property is 59.9 acres, and the price per acre is $9,000, the same as the Catron property, or a total of $539,100. They, however, have a 19 JAN 3 0 1985 BOOK �� f'A�E 714 JAN -10 1995 BOOK 59 ,G -L 7l five month contingency in their contract that relates to proceeding with the SR 60 project and obtaining financing, but the contract does not contain language in regard to obtaining the permitting. If the County bows out of this contract, we would pay $50 per month per acre. The Armfield-Houck appraisal on this property was $410,000, which is $129,000 below the purchase price, and the Wagner appraisal $425,000, or $113,900 below the purchase price. Attorney Brandenburg further noted that the entire 80 acres of the Catron property is covered with a producing grove, and the sellers have indicated their willingness to lease back any portion of the grove the County wouldn't utilize at $300 per acre per year. Administrator Wright doubted there would be any property left over. Director Pinto reported that staff originally looked at over twenty sites and narrowed these down to two mostly based on soil conditions. Unfortunately, the properties without groves have bad soil conditions. The plant effluent disposal will be a percolation type design, and he believed would utilize the entire property. When we wanted to expand, Director Pinto believed we could come back in and recondition soil to allow for greater percolation. We need 80 acres to percolate one million gallons. Commissioner Bird asked if Mr. Pinto was saying that the Monroe property is too small, and Director Pinto felt it could handle the plant, but it would require us to do soil work and take the hardpan out, and it would increase the cost of using that site. Commissioner Bird stated that he had a problem with taking a producing grove and putting a sewer plant there, but Director Pinto believed if you want to compare on the basis of what is best for the economy, he would say the wastewater treatment plant because it will enhance the environment of this entire community. 20 �J Discussion continued regarding all the costs and factors that need to be considered in regard to each site, and Commissioner Bowman asked what would be the bottom line on each of these two parcels. Commissioner Scurlock noted that both of them are asking over appraisal, but the Catron property is less over. The Monroe property is probably of insufficient acreage without a consider- able amount of soil work, and it is also further away so you would have additional collection costs. Director Pinto believed the Monroe property would require $300,000 worth of improvements to the ground. Commissioner Wodtke inquired if it would ever be possible to use the effluent for watering the citrus, and Director Pinto stated that is in their long range thinking. He believed we are looking at a plant of 4-5 million gpd. The one million storage on site would be about 25% of optimum capacity, and we would have to provide probably 72 hours of storage on site to guarantee a quality that can be used for irrigation. He noted that Orlando is going to use effluent for irrigation of groves, but there is a question about what they will be allowed to do with the fruit that is so irrigated. Administrator Wright pointed out that there is a golf course proposed near the intersection of SR 60 and I-95 that will want effluent. Attorney Garris informed the Board that he did reach his clients this morning. He pointed out that a broker came to them about the property; they did not go to the County; and this broker said the County was willing to pay $9,400 an.acre. The Monroes had an offer of $7,500 an acre and turned it down. Attorney Garris stated that he had some trouble with the appraisal, but his clients will accept $425,000 net to them if the County will assume the brokerage fee. He felt that brings the two properties into relative comparison. The Broker's fee was 10%, but Attorney Garris believed this can be negotiated. 21 JAN 3 0 1985 BOOK � JAN 3 0 1985 BOOK 5J) 9 FACE717� Commissioner Scurlock felt Attorney Garris was overlooking the fact that there is $300,000 additional development cost involved for this property and probably not sufficient acreage. Discussion continued in regard to deferring action, doing some further leg work on these properties, and calling a Special Meeting for Tuesday afternoon, February 5th, before the options expire. Director Pinto suggested that we authorize the engineers to start design of'the facility for a fee not to exceed $60,000, but the Administrator felt this should be deferred until Tuesday also. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously agreed to defer action on purchase of the treat- ment plant site and authorization re designing of the facility until the Special Call Meeting of Tuesday, February 5, 1985. Discussion ensued as to a time frame, and Administrator Wright explained that the plant must be permitted for one million gpd in order to get a permit from the DER, but it can be built in increments of 500,000 gallons. The most pessimistic schedule based on new regulations from the DER, would be to have the design completed and submitted by March 15th. He was hoping to be taking preliminary plans to them as early as next week and looked to have the money available in early May. The Administra- tor continued that staff is looking to bid the plant and the dry lines again. There is a current bid out for the collection system, which is the force main, but he believed staff will recommend postponing that and bidding it concurrently with the plant because it is doubtful we will be able to use the dry lines until we have the plant permitted. Administrator Wright felt we can get a DER permit in June and that the most pessimistic 22 forecast would be water flowing at the new plant December 31st; at the most optimistic, there could be water flowing by September 30th. Chairman Lyons commended staff for the progress made on our water system and forgiving the Board a better understanding of just how we are moving forward. �4NORTH COUNTY FIRE DISTRICT The Chairman announced that immediately after adjournment, the Board would reconvene as the District Board of Fire Commissioners of the North Indian River County Fire District to meet in joint session with the North County Fire Advisory Committee. There being no further business, on Motion duly made, seconded and carried, the Board unanimously adjourned at 4:25 o'clock P.M. - ATTEST: Clerk Chairman 3 - 23 BOOK' JAN 0 1485