HomeMy WebLinkAbout2/6/1985Wednesday, February 6, 1985
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,
February 6, 1985, at 9:00 o'clock A.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; L.S.
"Tommy" Thomas, Intergovernmental Relations Director; and Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Reverend G. P. LaBarre, Rector Emeritus, Trinity Episcopal
Church, gave the invocation, and Commissioner Bird led the Pledge
of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested the addition to today's
Agenda of a discussion regarding the possible purchase of the
Southern Bell property.
Commissioner Scurlock requested the addition to today's
agenda of a discussion re a newspaper item on the County's
purchase of the Catron property for the new wastewater treatment
plant.
Attorney Brandenburg requested the following additions:
1) A discussion re the 3 -unit per acre moratorium on the barrier
island.
BOOK U9, 9 rn� F 74
FEB 6 1985
FEB6 1995 BooK 59 PnE 75.0
2) A discussion re appointments to the Housing Finance
Authority.
3) Donation of right-of-way for the paving of Lindsey Road.
Attorney Brandenburg also requested the deferment of Item 10
- Continuation of Discussion re Sea Oaks Hotel Site Plan
Application - to next week's meeting or perhaps the meeting of
February 20th.
Commissioner Scurlock requested the deletion from today's
Agenda of Items 8 - Request to appoint a representative to
present Beach Nourishment Project Funding Application to DER -
and Item 10 - Request from Sheriff to use Confiscated Drug Funds
to purchase a used wrecker.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously added,
deleted and deferred the above items in today's
Agenda.
VDISCUSSION RE NEWSPAPER ARTICLE ON PURCHASE OF CATRON PROPERTY
FOR NEW WASTEWATER TREATMENT PLANT
Commissioner Scurlock reported that he had read an item in
this morning's newspaper that possibly raised the matter of
impropriety on the selection of the Catron property for the new
County wastewater treatment plant. He expressed his anger over
the article and stated that Commissioner Wodtke had nothing
whatsoever to do with this selection, and, in fact, Commissioner
Wodtke and Commissioner Bird both questioned everything involved
in the selection of that property.
Commissioner Wodtke expressed his embarrassment over the
article and the reporter's statement that Mr. Catron was his
brother-in-law when Mr. Catron actually is his cousin.
Commissioner Wodtke stated that at no time did he ever discuss
the purchase of the Catron property with his cousin and noted
that, even though he has the apology of the reporter, it is very
hard to repair the damage done by that type of innuendo.
2
APPROVAL OF MINUTES
Chairman Lyons asked if there were any corrections or
additions to the Minutes of the Regular Meeting of 1/2/85. There
were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 1/2/85, as
written.
Chairman Lyons asked if there were any corrections or
additions to the Minutes of the Regular Meeting of 1/9/85.
were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 1/9/85, as
written.
CONSENT AGENDA
There
Commissioner Scurlock requested that Item B be removed from
the.Consent Agenda for discussion.
JA. Budget Amendment, Sheriff Department
The Board reviewed the following memo dated 1/16/85:
3
FEB 6 1985 BooK � F SE i �.
FEB 61885
Boa 59 FAH 752
TO: Board of County Commissioners DATE: January 16, 1985 FILE:
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Sheriff Department
REFERENCES:
4 cars were ordered in 1983-84FY as authorized by the budget amendment approved on
July 25, 1984, for a total of $37,261.00. At the end of the fiscal year, the cars
had not been received and the Sheriff turned over an amount in excess of $90,000.00,
which included the funds for the cars.
1985 cars are now available for -delivery and the money needs to be re -appropriated
-to the Sheriff.
Account Title 1. Account No. Increase Decrease
Cash Fwd. -Sept. 30 001-000-389-40.00 42,488
Automotive 001-600-521-66.42 42,488
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the above budget amendment, as recommended by
OMB Director Barton.
Budget Amendment, Alterations of County Judge's Suite
The Board reviewed the following memo dated 1/30/85:
TO: Board of County Commissioners DATE: January 30, 1985 FILE:
FROM:Jeffrey K. Barton,
OMB Director
SUBJECT: Alterations of County Judge's Suite
i
REFERENCES:
The funds for the alterations were budgeted in County Court Department, but the expenses
were disbursed from Building Operations Department as a project. ( see attached memo )
The following budget amendment is to transfer the funds for.the expenditures to the
Building Operations Department.
Account Title Account No.
Office Furn & Equip 102-902-516-66.41
Transfers Out 102-199-581-99.21
Transfers In 001-000-381-20.00
Other Imp -Except Bldgs. 001-220-519-66.39
4
Increase Decrease
4,046
4,046
4,046
4,046
0
Commissioner Scurlock questioned the cost of the paint at
$20 a gallon and that 20 gallons was needed.
Administrator Wright explained that they had painted the
Judge's entire facility.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously approved
the above budget amendment, as recommended by OMB
Director Barton.
/C. Execution of Emergency Management Assistance Program
Agreement between the IRC and DCA.
The Board reviewed the following memo dated 1/18/85:
TO: Patrick B. Lyons, Chairman DATE: January 18, 1985 FILE: EM -85-0171
Board of County Commissi ners
THRU: H.T. "Sonny" Dean, D ctor
General Services Div s - on
SUBJECT: Emergency Management Assistance
Program _
FROM: Stephen J. WT�.s REFERENCES:
Director Eme Management
Attached please find three copies of the FY1985 EMA agree-
ment between the Department of Community Affairs and Indian
River County. The amount of.matching funds available for
local program support this fiscal year is $23,455.00.
Please affix your original signature to the three copies
and return to this office for forwarding to the State
Division of Emergency Management.
5
FEB 61995 BOOK FAZE753
BOOK 59 F,�-UE 754
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the above agreement and authorized the Chairman's
signature.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
,/D. Execution of Maintenance and -Services Agreement between IRC
and DCA
The Board reviewed the following memo dated 1/18/85:
TO: Patrick B. Lyons, Chairman DATE: January 18, 1985 FILE: EM -85-0170
Board of County Commissio ers
THRU: H.T. "Sonny" Dean, D ctor
General Services Di 's on
SUBJECT: Maintenance and Services
Program _
FROM: Stephen J. w REFERENCES:
Emergency Mag ment Director
Attached please find five copies of the FY1985 Maintenance
& Service agreement between the State Department of Comm-
unity Affairs and Indian River County. The amount avail-
able for local program support this fiscal year is $400.00.
It is requested your original signature be affixed on the
agreements where marked, and returned to this office for
forwarding to the Department of Community Affairs.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the above agreement and authorized the Chairman's
signature.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
6
Release of Easements - Oslo Park Subdivision - Mezzina
The Board reviewed the following memo dated 1/22/85:
TO: The Honorable Members DATE: January 22, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE Release of Easements
Requested by Michael
SUBJECT: & Sylvia M. Mezzina:
Robert M. Keating AAI Lots 17, 18, 19, & 20,
Planning & Developmen7nirector Block D, Oslo Park
Subdivision, Unit #3
FRO Joyce Hunt REFERENCES:
Code Enforcement Officer
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 6, 1985.
DESCRIPTION & CONDITIONS
The County has been petitioned by Michael & Sylvia M. Mezzina,
owners of subject property, for release of the 5 foot easements
on both the north and south side lot lines of Lots 17, 18, 19,
and the 5 foot south side lot line easement of Lot 20, Block D,
Oslo Park Subdivision, Unit #3. Lots 17, 18, 19 and 20, Block D,
Oslo Park Subdivision, Unit #3 are found in Plat Book 4, Page 19
of the Public Records of Indian River County. These lots are 50
foot in width and 100 foot in depth. It is the Mezzinas'
intention to construct a single family residence on each of these
lots.
The current zoning classification is R-1, Single Family
Residential. The land use designation is LD -2, Low Density
Residential, up to six units per acre.
ALTERNATIVES & ANALYSIS
This request has been reviewed by Southern Bell, Florida Power &
Light, Company, Florida Cablevision, the County Utility _
Department and the County Right -Of -Way Department. None of these
agencies had objections to the release of these easements. The
zoning staff analysis, which included a site visit, showed the
drainage would be adequately handled by the existing front and
rear swales.
It is the zoning staff's opinion that to release the side lot 5
foot utility and drainage easements, being the north and south 5
feet of Lots 17, 18, 19, and the south 5 feet of Lot 20, Block D,
Oslo Park Subdivision, Unit #3, would have no adverse effect.
RECOMMENDATION
Staff recommends to the Board, through adoption of a resolution,
the release of the side lot 5 foot utility and drainage easement
being the north and south 5 feet of Lots 17, 18, 19 and the south
5 feet of Lot 20, Block D, Oslo Park Subdivision, Unit #3, Plat
Book 4, Page 19 of,the Public Records of Indian River County.
7
FEB6 1995 MOK 5 `� FAH 755.
BOOK 59 F� Gr 756
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 85-15 providing for the release of 5 -ft.
side lot easements on Lots 17, 18, 19, & 20, Block D,
Oslo Park Subdivision, Unit #3, as requested by Michael
and Sylvia M. Mezzina.
8
RESOLUTION NO. 85-15
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the 5 foot
easements on both the north and south side lot lines of Lots 17,
18, 19, and the 5 foot south side lot line easement of lot 20,
Block D, Oslo Park Subdivision, Unit #3, according to the Plat
thereof as recorded in Plat Book 4, Page 19 of the Public Records
of Indian River County, Florida.
WHEREAS, said lot line easements were dedicated on the
Plat of Oslo Park Subdivison, Unit #3 for public utility
purposes, and
WHEREAS, the request for such release of easements have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONPRS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Oslo Park Subdivision, Unit #3 shall be
released, abandoned and vacated as follows:
The 5 foot easements on both the north and south side
lot lines of Lots 17, 18, 19, and the 5 foot south side
lot line easement of Lot 20, Block D, Oslo Park
Subdivision, Unit #3, according to the Plat thereof as
recorded in Plat Book 4, Page 19, of the Public Records
of Indian River County, Florida
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
ATTEST:
Freda Wright, erkL-m
This 6th day of February , 1985.
Approved
and legal
BOARD OF OUNTY COMMISSIONERS
OF IND VER COUNT ,
FLORI A
BY: _
P rick B. Lyons,
hairman . '7
B W. Y
LaryLy�Attorney
ndenbur
u
. BOOK PAGE 757
FEB 6195
_I
FEB' 6 1985BOOK 59 .i�8
RELEASE OF EASEMENT
This Release of Easement, executed this 6th day of
February 1985, by the BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, a political subdivision or the
State of Florida, first party; Mr. & Mrs. Michael Mezzina, whose
mailing address is P. 0. Box 6575, Vero Beach, Florida, 32961,
second party:
WITNESSETH
That the said party of the first part for and in
consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration in hand paid by the said second party,
does hereby remise, release, abandon and quit claim unto the said
second party forever, all the right, title, interest, claim and
demand which the said first party has in and to the following
described easements, lying on land situated in the County of
Indian River, State of Florida, to -wit:
The 5.foot easements on both the north and south side
lot lines of -Lots 17, 18, 19, and the 5 foot south
side lot -line -easement of Lot 20, -Block D, -Oslo -Park -
Subdivision, Unit #3, according to the Plat thereof
as recorded in Plat Book 4, Page 19 of the Public
Records of Indian River County, Florida
TO HAVE AND TO HOLD the same with all and signular the
-appurtenances thereunto belonging or in anywise appertaining and
all estate, right, title, interest, equity to the only proper
use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and
sealed these presents by the parties so authorized by the law and
the day and year first above written.
Signed, sealed and delivered
in he presence of:
Q"_Ft-e��
Apr
and
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLOR
BY
Patrick B. ns, Chairman
ATTEST: `tea
Freda Wright, i Jerk
-
LCO
b� Attorney
,s M M
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements personally appeared, Patrick B. Lyons, as
Chairman of the Board of County Commissioners of Indian River
County, a political subdivision of the State of Florida, and
Freda Wright, as Clerk of the Circuit Court, to me known to be
the persons duly authorized by said County to execute the
foregoing instrument and they acknowledged before me that they
executed the same for and on behalf of the said political
subdivision.
WITNESS by hand and s al in the County and State last
aforesaid this day of — , 1985.
Nota y PiAll ic, S toof
Florida Large: `'
My Commission Expires.:
NOTARY PUBLIC STATE OF FLORIDA
BONDED THRU GENERAL INSURANCE UNDI ,
MY COMMISSION, EXPIRES JULY, A 1986
BOOK 59 F's L.759
FEB 61995 J
FEB 6 1985 Bou 59 eA F 160
. Execution of Requisition for the Third Quarterly Payment FY
1985 of Annual Contributions Contract - Section 8 Existing
Housing Rental Assistance Program
The Board reviewed the following memo dated 1/24/85:
TO: Board of County Commissioners DATE: January 24, 1985 FILE:
THRU: Michael Wright SUBJECT'
County Administrator Requisition for the Third Quarterly
Payment FY 1985 of Annual Contributions
Contract - Section 8 Existing Housing
Rental Assistance Program
FROM: Edward J. gan REFERENCES:
Executive Directo
IRC Housing Authority
It is recommended that the data herein presented be given formal con-
sideration by the County Commission.
In order to requisition funds quarterly from the U.S. Department of
Housing and Urban Development to operate our Section 8 Housing Assistance
Program, we are required to submit four (4) executed copies of HUD Form 52663.
This is consistent with our Annual Contributions Contract entered into on
December 30, 1978 and as amended August 3, 1982.
I respectfully request the Board of County Commissioners authorize the
Chairman to execute the four copies of HUD Form 52663 for the Third quarterly'
payment.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the above requisition and authorized the Chairman's
signature.
11
11
Hilb-52663 _
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.. FOR HUD USE ONLY
REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Number
SECTION 23 [D SECTION 8 0
Date of Requisition 1/24/85 Fiscal Year Ending Bete 9/30/85 For Quarter Ending X6/30185
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (/ncludino Zip Code)
Indian River County Board of County Commissioners
1840 25th St., Suite S-319, Vero Beach, Fla. 32960-3394
DEPOSITARY BANK (Name, Address and Account Number)
Southeast Bank, N.A. Vero Beach Banking Center
ACC Contract Number A-3409
Project Number FL -29-E132-001 & 002
N0. of Months in Fiscal Year 12
Type of Project:
Box 40, Vero Beach, Fla. 32960, A/C #107-453490
EXISTING NEW Cl REHAB.
a. Number of Units Under Lease to Eligible Families as of Date of Requisition 170
b. Estimated Number of Units to be under Lease at End of Requested Quarter 190 -
c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 177
DESCRIPTION
ESTIMATE OF
REQUIRED
ANNUAL
CONTRIBUTIONS
TOTAL COST
INCURRED
TO DATE
ESTIMATEDCUMULATIVE
ADDITIONAL
COST TO END
OF REQUESTED
QUARTER
TOTAL
FUNDS
REQUIRED
(1)
(2)
(3)
(4)
(5)
PRELIMINARY ADMINISTRATIVE EXPENSE
1. Preliminary Administrative Expense—Prior to ACC (Account 4010) 1
2. Preliminary Administrative Expense—After ACC (Account 4012)
3. Total Preliminary Administrative Expense (Lines 1 d 2)
0 1
0
0
0
0
0
0
0
0
0
NONEXPENDABLE EQUIPMENT
4. Replacement of Nonexpendable Equipment (Account 7520)0
W
0
_
0
0
0
0
5. Property Betterments and Additions (Account 7540)
0
0.
0
6. Total Nonexpendable Equipment (Lines 4 & 5)
0
HOUSING ASSISTANCE PAYMENTS
7. Housing Assistance Payments (Account 4715)
478,402
150,086
134,520
284,60-0
ADMINISTRATIVE FEE
8. Total Administrative Fee Approved for Fiscal Year
67,298
9. Monthly Rate of Administrative Fee (Lime 8 divided by number of months
in fiscal year)
5,608
10. Amount Previously Requisitioned for fiscal year
33,648
16,824
11. Estimated Additional Amount Required to end of Requested Quarter
12. Total Administrative Fee (Lines 10 & III
INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only)
13. Total Independent Public Accountant Audit Costs
24on
0_
SECURITY AND UTILITY DEPOSITS (Section 23 only)
14. Total Allowance Approved for Security and Utility Deposits
0
15. Amount Previously Requisitioned for Fiscal Year
16. Estimated Additional Amount Required to End of Requested Quarter
0
17. Total Security and Utility Deposits (Lines 15 dt 16)
AMOUNT OF THIS REQUISITION
X
18. Total Funds Required to End of Requested Quarter (Lynes 3. 6, 7. 12,
13 d 17)
19. Total Partial Payments Received for Fiscal Year to Date
335,078
8, 770
lUb,308
20. Partial Payment Requested (Line 18 minus Line 19)
IST
INSTALLMENT
2ND
INSTAL MENT
3RD
INSTALLMENT
T07AL
METHOD OF PAYMENT
21. Requested Installment Payment=
3b.436
35,436
1 35,436
1 106,308
1 CERTIFY that housing assistants payments have been or will be made only with respect to units which: (1) are under lease by Families at the time such
housing assistance payments are made except as otherwise provided in the Housing Assistance Payments Contracts and (2) the Housing Agency has within
one year prior to the malting of such housing assistance payments, adequately inspected or caused to be inspected (including inspection of grounds, facilitiet.
art! areas for the benefit and use of the Families) to assure that decent, safe and sanitary housing accommodations are being provided; that all applicable pro-
vowns of the above numbered Contract have been complied with by the Housing Agency; and that this requisition for annual contributions has been exam-
ined by me and to the best of my knowledge and belief it is true, correct andm et .
>f°o rof County Commissioners
In '
February 6, 1985 / G(Nm
ae� Rubs' H% tgVice Chairman
(Date) (Signature and Title of i Authorized to Certify)
HUD FIELD OFFICE APPROVAL
(Signature and Title of Official Authorired to Approve) (Date)
REGIONAL ACCOUNTING DIVISION
Prevalidated by:
PAYMENT
FOR
MONTH OF
AMOUNT
PAID
DATE
CERTIFIED FOR
PAYMENT
CERTIFIED
13'/
(Initials)
(Signature)
(Date)
FEB 6 1995
- TOTAL
B
J;J ';..
I
RPn1 ACPs Fnrm HUD -52663 dated J!,np 19711 • HUD -5266
BOOK 5 �'Ur 1
,�G. IRC Bid #231, 40 Cu. yd. Open Roll Off Containers
The Board reviewed the following memo dated 1/30/85:
TO: Board of County Commissioners DATE: Jan. 30, 1985 FILE:
THRU: Michael Wright SUBJECT: IRC Bid #231 - 40 Cu. Yd.
County Administrator Open Roll Off Containers
FROM: REFERENCES:
Caroly Goodrich, Manager
Purchasing Department
I. Description and Conditions
Bids were received Tuesday, January 29, 1985 at 11:00 A.M. for IRC #231 -
(4) 40 cu. yd. open roll -off containers for the Refuse Department. During
FY 84-85 budget hearings, $12,000.00 was approved for the purchase of
4 roll -off containers.
5 Bid Proposals were sent out, 2 Bids were received.
2. Alternatives and Analysis
The low bid was submitted by Industrial Refuse Sales, Inc. in the amount
of $2400.00 each, and meets all specifications. The bid price is $62.00
less than the low bid received when the roll -off containers were bid in
April 1984.
3. Recommendation and Funding
It is recommended that IRC #231 be awarded to the low bidder, Industrial
Refuse Sales, Inc. in the amount of $2400.00 each for 4 containers. Total
bid amount $9600.00
There is $12,000.00 budgeted in account #001-209-534-66.49 for 4 roll -off
containers.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded
Bid #231 in the amount of $2400 each for 4 containers
to the low bidder, Industrial Refuse Sales, Inc., as
recommended by Purchasing Manager Goodrich.
13
BOARD OF COUNTY COMMISSIONERS
2145 -14th Avenue
Vero Beach, Florida 32960
BID TABULATION
��• �r �w
ZZI
45-
5IRC
BID NO.
IRCBID #231
DATE OF OPENING
Jan. 29, 1985
BID TITLE 40 CUBIC YARD H -D, OPEN
ITEM DESCRIPTION
NO.
UNIT PRICE
UNIT PRICE
UNIT PRICE
1. 40 Cubic Yard Heavy -Duty
Open Roll Off Container
Each
2450
00
2400
00
2. Days required for deliver after
-
receipt of Purchase Order
Days
14 da
15.-3
days
°PROCLAMATION - TOM JONES
Chairman Lyons read aloud the following proclamation which
would be presented to Tom Jones later.
14
BooK 59 F uF •763
FEB 6 1995
Boas 59-
PROCLAMATION
9
PROCLAMATION
A PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA COMMENDING TOM JONES FOR HIS SERVICE
AS A PLANNING AND ZONING COMMISSIONER.
WHEREAS, Tom Jones was appointed to serve on the
Planning and Zoning Commission of Indian River County in January,
1981; and
WHEREAS, during Tom Jones' four-year tenure on the
Commission, Indian River County progressed into the modern era of
land use planning and -control; and
WHEREAS, Tom Jones has contributed tirelessly, and in -
immeasurable quantities, to the successful development and
-implementation of the County's Comprehensive Land Use Plan, and to
the review of hundreds of zoning and development applications
and `=
WHEREAS, Tom 'Jones should be heralded in,,the future
as having set a standard in planning and zoning `matters for aY
integrity, foresight, and consistency, tempered by proper amounts
of compassion and common sense; and
t star •.
WHEREAS, Tom Jones will be remembered most -for having�t.
always stated his mind on a given proposition, in furtherance of
the process of responsive and democratic local government.
NOW,. THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY 4;
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Mr. Tom Jones
be hereby commended for his invaluable service and contributions
n to the County Planning and Zoning Commission, -and 'to .. the
facilitation of well-managed growth in our community. The Board,
of County Commissioners, on behalf of the citizens of Indian'River
County, hereby extends gratitude, respect and best wishes to; "Tom;
Jones in the future. "
4
BOARD OF COUNTY COMMISSIONERS �a
OF INDI RIVER COUNTY, FLORIDA
Attest:
B.YZYO 9S,
BY c airman a;
FREDA WRIGHT,
Clerk of Circuit Court f
DON C. SCU LOCK,
Vice -Chairman
RICHARD N. BIRD
MARGARET C. BOWMAN
WILLIAM C. WODTKE, iv -
15
.
15
� � r
-/bISCUSSION RE PURCHASE OF SOUTHERN BELL PROPERTY
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, that the Board
authorize Commissioner Wodtke and staff to
negotiate for the purchase of the property as
discussed at yesterday's workshop meeting and
bring back to the Commission for approval.
Commissioner Wodtke believed that Commissioner Bowman wanted
a rigid structural inspection made of the building,
Administrator Wright felt that could be handled.
Commissioner Wodtke noted that on closing we will need a
termite inspection and a roof inspection. He reported that they
had met with the telephone company on Monday, but did not know at
this time how to finance it.
Administrator Wright commented that there is the possibility
of going to a bond issue to fund the purchase, but noted that we
also are in a position to refinance some of the outstanding bonds
at a lower rate of interest. He felt it would be proper to have
the Finance Advisory Committee come back with a recommendation
for the Board.
Commissioner Scurlock reported that the Committee had asked
various underwriters to come in and recommend several vehicles to
finance this purchase and they could come back in with this
information for the Board's consideration.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
16
FEB 6 1985 BOCK ! ,�,_� 765
FEB 6 1995 'q
PUBLIC HEARING - REQUEST TO REZONE1 ACRE FROM SINGLE FAMILY
DISTRICT TO MULTIPLE FAMILY DISTRICT - VENICE ROY
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter
in the Court, was`pub-
lished in said newspaper in the issues of c/
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. A
Sworn to and subscribed before me this Rf day of. 19
.
01
SIR M_ a- __
(00:11O1Fusi s a
LA
kXZ...»
(Clerk of the Circuit Court, Indian River County, Fl )
(SEAL)'
11
C 'E = NOTICPUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from R-1, Sin-
gle -Family District to R-213, Multiple -Family Dis-
trict. The subject property is presently owned by
VENICE M. ROY and is located west of Old Dixie
Highway (C.R.605); north of,4th Place, SW, east
of 6th Avenue, SW, and south of 3rd Street, SW.
The subject property is described as:
PARCEL #1: Beginning at the SE comer
of the SE% of the NE% of Section 24,
Township 33S, Range 39E. Thence run
North 735', West 760' for POINT OF
.BEGINNING,.thence run South 57'6',
thence West 160', thence North 57'6", .
run East 160' to the POINT OF BEGIN-
NING. ,
PARCEL #2: Beginning at the SE comer
^' of the BE% )of the NE'/., of Secfion 24,•
Township 33S; Range 39E. Thence rung,''
North 620. West 755' for POINT OF
BEGINNING; 'Thence .run North 57'6",
thence West 165'. thence South- 57*6; , r .
run East 165' to the POINT OF BEGIN-
-_.NING.:,
PARCEL ac3:Beginningg at the BE comer
of the SETA of the NE% of Section 24,
Township 33S, Range 39E. Run. North.
420'„ West 920',North 110' to the POINTv�-
OF BEGINNING: Thence run North 90
East 135',' begirt again at POINT OF
BEGINNING, run East 181.2' Northwest-
erly along West Highway Right -of -Way to ,1,..'
intersection .with North Lot Line.. `
All above property now lying and, being ;'
In Indian River County, Florida, ,. - t
. � A� T, ,r 7.<..
A public hearing at which parties, an Interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com= `
missioners of Indian River County, Florida; in the
County Commission Chambers of the County
Administration Building; located at 1840 25th
Street, Vero Beach, Florida on Wednesday, Feb-
ruary 6, 1985, at 9:15 a.m.
It any person decides to appeal any decision'
made on the above matter, tie/she.will Peed a
record of the proceedings, and for such,pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based:
Indian River County r „.
Board of County Commissioners
By: -s Patrick B. Lyons, Chairmen'.
Jen.,17,29.1985.::. sr
The Board reviewed the following memo dated 1/23/85:
17
TO: The Honorable Members DATE: January 23, 1985 FELE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
g:�"92� I SUBJECT:
Robert 14. Keati g, CP
Planning & Developm nt Director
FROM: chard Shearer, AICP REFERENCES:
Chief, Long -Range Planning
VENICE ROY REQUEST TO
REZONE ONE ACRE FROM
R-1, SINGLE-FAMILY DIS-
TRICT, TO R -2D, MULTI-
PLE -FAMILY DISTRICT
ZC-105 Memo
CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 6, 1985.
DESCRIPTION & CONDITIONS
Venice Roy, the owner, is requesting to rezone approximately
one acre located on the west side of Old Dixie Highway and
south of 4th Street SW from R-1, Single -Family District (up to
6.2 units/acre), to R -2D, Multiple -Family District (up to 6
units/acre).
On November 8, 1984, the Planning and Zoning Commission voted
4 -to -0 to deny the applicant's original request to rezone this
..property to C-lA, Restricted Commercial District. The
"Commission stated that they felt that the west side of Old
Dixie was residential in nature, and they did not feel
commercial zoning was appropriate. However, the Commission
stated that a multiple -family district might be more
appropriate than the existing R-1 zoning. The applicant has
amended her original application to request R -2D zoning.
On December 20, the Planning and Zoning Commission voted 3 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be -presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
Along Old Dixie Highway, from 10th Street south to the County
line, almost all of the land on the west side of Old Dixie
Highway is zoned R-1 and the predominant land use is
single-family residential. The subject property contains a
single-family dwelling. North, south, and west of the subject
property are single-family dwellings zoned R-1. East of the
subject property, across Old Dixie Highway, is Trimm Heating
and Air Conditioning, Nozzle Nolen Exterminators, and vacant
land zoned C-1, Commercial District.
Ef:
BOOK 5n
I
FEB 6 1985 %
BOOK 59 -
Future
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
the land north, south, and east of it as part of the U.S.#1
MXD, Mixed Use Corridor (up to 6 units/acre). The land
approximately 150 feet west of the subject property is
designated as LD -2, Low -Density Residential 2 (up to 6
units/acre).
The MXD land use designation includes areas where there is a
mixture of residential, commercial, and industrial land uses.
The Comprehensive Plan states that within MXD areas, "the
County shall encourage, where appropriate, redevelopment in
accordance with the dominant land uses and the health, safety
and welfare of area residents." The predominant land use on
the west side of Old Dixie Highway is single-family
residential. There are commercial uses on the east side of Old
Dixie Highway, and there will probably be additional commercial
development on the east side of Old Dixie in the future.
However, Old Dixie Highway has traditionally served as the
boundary between residential development and R-1 zoning on the
west side of the road, and the commercial zoning on the east
side of the road. In order to provide a buffer between the
single-family dwellings west of the subject property and the
commercial uses to the east, _the subject property could
reasonably be rezoned to allow multiple -family residences.
Transportation System
The subject property has direct access to Old Dixie Highway
(classified as a secondary collector street on the Thoroughfare
Plan). The maximum development of the subject property under
the R -2D zoning could generate up. to 42 average annual daily
trips (AADT). Currently, Old Dixie carries 8,000 AADT at
level -of -service "C".
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water is available for this area, but wastewater
facilities are not available.
RECOMMENDATION
Based on the above analysis, including the existing land use
pattern, the fact that there is commercial development east of
this site, and the Planning and Zoning Commission's
recommendation, staff recommends that the subject property be
rezoned to R -2D, Multiple -Family District.
19
Richard Shearer, Chief of Long -Range Planning, advised that
the applicant called yesterday to say that she had been sick and
would not be here today. Mr. Shearer presented staff's recommen-
dation that the subject property be rezoned to R -2D, Multiple -
Family District.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bird, the Board unanimously closed
the Public Hearing.
Commissioner Scurlock asked if water and sewer were
available or are we getting into a situation where we are going
to have multiple septic tanks.
Administrator Wright noted there was sewer in Whispering
Palms and the utilities are there, but the capacity is not. That
situation might be solved in the very near future. Water is
available now.
1
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
adopted Ordinance 85-07, providing for the rezoning
of one acre from R-1, Single -Family District, to R -2D,
Multiple -Family District, as requested by Venice Roy.
20
FE 6 1985 BOOK 59L FA.rU 769
BOOK �': r, F 770
0
ORDjtgANCE NO. 8 5 - 7
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 describ-
ed property situated in Indian River County, Florida, to -wit:
PARCEL #1: Beginning at the SE corner of the SE% of the N54- of
Section 24, Township 33S, Range 39E. Thence run North 7351, West 760'
for POINT OF BEGINNING, thence run South 57'6", thence West 1601,
thence North 5716", run East 160' to the POINT OF BEGINNING.
PARCEL #2: Beginning at the SE corner of the SES of the NF%, of
Section 24, Township 33S, Range 39E. Thence run North 6201, West 755'
for POINT OF BEGINNING. Thence run North 5716", thence West 1659,
thence South 5716", run East 165' to the POINT OF BEGINNING.
PARCEL #3: Beginning at the SE corner of the SE -4 of the NFr of
Section 24, Township 33S, Range 39E. Run North 420', West 920', North
110' to the POINT OF BEGINNING. Thence run, North 90', East 135',
begin again at POINT OF BEGIN, run East 181.2' Northwesterly along
West Highway Right -of -Way to intersection with North Lot Line.
All above property now lying and being in Indian River County,
Florida.
Be changed from R-1, Single -Family District, to R -2D, Multiple -Family
District.
All with the meaning and intent and as set forth and described in said
Zoning Regulations.
Approved and adopted by the Board of County Commissioners of Indian
River County, Florida on this 6 day of February 1985.
W-0 Aid0-41 I •` Iw
OF COUNTY
000,
BY: / 17P
ATRICK B. LYONS
Chairman
Acknowledgment by the Department of State of the State of Florida this 1 lth
day of February , 1985.
Effective Date: Acknowledgment from the Department of State received on
this 15 day of Feb. , 1985, at 'll'A.M./P.M. and filed in the office of
the Clerk of the Board of County Commissioners of Indian River County,
Florida.
PUBLIC HEARING - REQUEST TO REZONE .25 ACRES FROM C-1, COMMERCIAL
DISTRICT TO R-1, SINGLE FAMILY DISTRICT - McMANUS
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beath, 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 ii-,��'-�✓
,�A
in the matter of z
in the Court, was pub-
lished in• said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero -Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporatidn any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. �y�
Sworn to and subscribed before, me this � day,etf .D. 19 zli _
LB�ls�h ess
(Clerk of the Circuit Court, Indian River Count�lorida)
(SEAL) , t
.. , • NOTICE - PUBLIC HEARIN¢
Notice of hearing to consider the adoption of
a County ordinance rezoning land from C-1,
Commercial District to R-1, Single�-Family Dis-
John W and Barpbaraa McMa ass annd is locatwned es
east of Indian River Drive, west of the Indian
River and north of 133rd Place (Marine Drive).
The subject properly Is described es::
Lot .16,.Riverview Subdivision ae re
• corded Im Plat Book 2, Page. 95 .in the
Public Records ot.lndian River Count..
Above property now lying and being n ,
Indian River County, Florida
A public hearing at which parties In interest
arid portunity to be
heard, will be held by the Boarns shall have an d ofof County Com -
in the
Couunttyn
n Commissiers of oRChambe Civer hambers County
Administratin Building, located at 1640 25th
Street. Vero Beach, Florida on Wednesday. Feb-
ruary6,1965, at 9:15 a.rh., . - <. •;
It any.peson decides to appeal any declsion.i
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-
tjrn record of the . which Jn
c udes testimony and evidencegs upeedIs on which the
appeal is based. sg,
Andlan River County s ,4a
Board of County Commissioners
Bu-Patrick BLyons
C airman
Jan. 17.29. 1M
Planner Richard Shearer reviewed the following memo dated
1/23/85:
22
V .,
BOOK 59F'�,E 772
TO: The Honorable Members DATE: January 23, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE
McMANUS REQUEST TO RE -
SUBJECT: ZONE .25 ACRES FROM
Robert M. Kea in AICP C-1, COMMERCIAL DIS -
Planning & Development Director TRICT, TO R-1, SINGLE-
FAMILY DISTRICT
FROM: hard Shearer REFERENCES: McManus Request
Chief, Long -Range Planning RICH2
It is requested that the data
formal consideration by the Board
their regular meeting of February
DESCRIPTION AND.CONDITIONS
herein presented be given
of County Commissioners at
6, 1985.
John McManus, the owner, is requesting to rezone .25 acres
located east of North Indian River Drive and north of
Sebastian from C-1, Commercial District, to R-1, Sin-
gle -Family District (up to 6.2 units/acre).
The applicant intends to add on to an existing single-family
dwelling on this property.
On December 13, 1984, the Planning and Zoning Commission
denied a County initiated request to rezone 98 acres (in-
cluding the subject property) from 6 zoning districts to
R -2B, Multiple -Family District (up to 8 units/acre).
On January 10, 1985, 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 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 transporta-
tion and utility systems, and any significant adverse
impacts on environmental quality.
Existing Land Use Pattern
The subject property contains a single-family dwelling.
North of the subject property is the Juda commercial fishery
zoned C-1. Further north is undeveloped land zoned R-3.
East of the subject property is the Indian River. South of
the subject property are two single-family dwellings and
undeveloped land zoned C-1. West of the subject property,
across North Indian River Drive, are single-family
dwellings and mobile homes zoned C-1 and R-1.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
all of the land around it as MD -1, Medium -Density Residen-
tial 1 (up to 8 units/acre). The existing C-1 zoning is not
in conformance with the MD -1 land use designation. The
23
requested R-1 zoning is in conformance with the MD -1 desig-
nation and would bring the existing residential use of the
property into conformance with the zoning ordinance.
In the future, it is anticipated that additional land around
the subject property will be down -zoned from R-3, Multi-
ple -Dwelling District (up to 15 units/acre), R-2, Multi-
ple -Family District (up to 15 units/acre), and C-1, to a
low-density multiple -family district.
Transportation System
The subject property has direct access to North Indian River
Drive (classified as a local street on the Thoroughfare
Plan). The maximum development of the subject property
under the R-1 zoning could generate up to 10 Average Annual
Daily Trips.
Environment
The subject property is not designated as environmentally
sensitive on the Comprehensive Plan. However, the subject
property is located in a V12 (el 11) flood hazard zone. The
V12.zone includes -property in the 100 year flood plain.
Utilities
The subject property is not served by County water and
wastewater facilities.
RECOMMENDATION
Based on the above analysis, including the Planning and
Zoning Commission's recommendation, staff recommends
approval.
Chairman Lyons commented on the strange appearance of the
zoning map for this area, and Director Keating noted that is why
staff initiated their request to rezone 102 acres to one zoning
district, and they still are trying to work out something which
would resolve this zoning situation and also be generally
acceptable to the people in the area.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard.
John McManus, owner of the subject property, stated his
reason for requesting the rezoning is twofold: 1) He would like
to put an addition on his residence, and 2) He is in the
position that if the house should burn down, he could not
rebuild. The residence is an older home which he has renovated
and now he would like to put on an addition. This house has been
24
BOOK �`;� F'a u� 77 0
L__FE � 6 195
I
BOOK 5'9 F", 14
used as a residence since it was built in 1957, and the
surrounding area is residential in nature with the exception of
the Judah Fish House to the north of him. He stated that he has
no objection to that being Commercial, but he would like to
straighten out his piece of property.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
Chairman Lyons did not feel the rezoning could be called
spot zoning, and Planner Shearer stated that staff is
recommending.rezoning consistent with the Comprehensive Land Use
Plan. They did recommend rezoning for the entire area but could
not get it through the Planning & Zoning Commission, but they
will be looking at it further and hope to have it all
straightened out in a few months.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-08, providing for the rezoning of .25
acres from C-1, Commercial District, to R-1, Single
Family District, as requested by John McManus.
25
ORDINANCE NO. 8S-8
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:
Lot 16, Riverview Subdivision as recorded in Plat Book 2,
Page 95 in the Public Records of Indian River County.
Above property now lying and being in Indian River County,
Florida.
Be changed from C-1, Commercial District, to R-1, Single -
Family District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 6th day of February
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDI,M RIVER COUNTY
BY
Chairman
Acknowledgment by the Department of State of the State of
Florida this llthday of February , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 15thday of February, 1985, at 11 A.M./P.M. and
filed in the office of the Clerk of the Boar=of County
Commissioners of Indian River County, Florida.
APPROVES
LEGAL FICI
URG,jCounty Attorney
BOOK. F'a,nr.7l
t r ,
BOOK f't U" 776
PUBLIC HEARING — ADOPTION OF ORDINANCE EXTENDING PERIOD OF TIME
FOR PAYMENT OF IMPACT FEES UPON SHOWING A HARDSHIP
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
111
in the Court, was pub-
lished in said newspaper in the issues of 1
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. /l
Sworn to and subscribed before me this /`r A day . 19
r� FAP r 11
(B f LssM
(SEAL) (Clerk of the Circuit Court, Indian River County,
PUBLIC NdnC! ^fit" J
The Board of County Commissioners of Indian
River County, Florida, will conduct a Public
Hearing on Wednesday, February 8, 1985, at
9:30 am. in the Commission Chambers at the
County Administration Building, 1840 25th
Street, Vero Beach, FL 32980, to consider the
adoption of an ordinance entitled:
"AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, EXTENDING THE PERIOD OF TIME
FOR THE PAYMENT OF IMPACT FEES UPON A
SHOWING OF HARDSHIP, AMENDING SECTION
24�8(h) OF THE CODE OF LAWS AND ORDI-
NANCES OF INDIAN RIVER COUNTY, BEING
SECTION 8 OF INDIAN RIVER COUNTY ORDI-
NANCE NO. 84-18 PROVIDING FOR EXTENSION
OF TIME PAYMENT, INCLUSION IN CODE, SEV-
ERABILITY, AND EFFECTIVE DATE."'
If any penton decides to appeal any decislon
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 verbs
-
Urn record of the proceedings is made, which
record includes the testimony in evidence on
which the appeal is based. h ,..
INDIAN RIVER COUNTY
" BOARD OF COUNTY COMMISSIONERS
PATRICK B. LYQNS, CHAIRMAN
yJan.14.1985,0`:� y v 1�, �, ru _ ;_. � ti ;;•::
Attorney Brandenburg explained that the purpose of this
ordinance is to extend the time for the payment of impact fees
from 3 to 5 years in those cases where individuals who already
have houses built are being required to tie into the system.
Commissioner Scurlock asked if this would negatively impact
our cash flow, and Administrator Wright felt it would not.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
27
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, that the Board adopt
Ordinance 85-09, extending the period of time
for payment of impact fees from 3 years to 5 years
upon showing a hardship.
Commissioner Bird understood then that it would be extending
the payment of impact fees from 3 t 5 years at an interest rate
to be determined by the Board.
Chairman Lyons asked if showing a hardship would be just
someone coming in and saying that he couldn't make the payments,
but Commissioner Scurlock felt that it would be cases where
people would have difficulty in obtaining a loan through a
financial institution.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
28
FEB 6 1985 BOOP( �r.� .777
� J
r
is
BOOK
INDIAN RIVER COUNTY ORDINANCE NO. 85— 9
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, EXTENDING THE PERIOD OF TIME
FOR THE PAYMENT OF IMPACT FEES UPON A
SHOWING OF HARDSHIP, AMENDING SECTION
24-38(h) OF THE CODE OF LAWS AND
ORDINANCES OF INDIAN RIVER COUNTY,
BEING SECTION 8 OF INDIAN RIVER COUNTY
ORDINANCE NO. 84-18, PROVIDING FOR
EXTENSION OF TIME PAYMENT, INCLUSION
IN CODE, SEVERABILITY, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that:
SECTION 1.
EXTENSION OF TIME PAYMENT
The second paragraph of Section 24-38(h), being Section 8
of Indian River County Ordinance No. 84-18 is hereby amended to
read as follows:
Upon a showing of proper hardship to the Commission, the
Commission may allow in its sole discretion payment of the water
and/or sewer impact fees in whole or in part over a period of five
years at such interest rate to be determined by the Board.
SECTION 2.
INCLUSION IN CODE
This Ordinance shall be incorporated into the Code of
Indian River County and the word "ordinance" may be changed to
"section," "article," or other appropriate word and the sections
of this Ordinance may be renumbered or relettered to accomplish
such purposes.
SECTION 3.
SEVERABILITY
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of this Section which can be given in
effect without the invalid provision or application, and to this
end, the provisions of this Section are declared severable.
-1-
SECTION 4.
EFFECTIVE DATE
The provisions of this Ordinance (No. 85-9 ) shall
become effective upon receipt from the Secretary of the State of
Florida of official acknowledgment that this Ordinance has been
filed with the Department of State.
Approved and adopted by
the
Board of
County
Commissioners of Indian River County,
Florida,
on this 6th
day
of February , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Chairman
Acknowledgment by the Department of State of the State of Florida,
this 11th day of February , 1985.
Effective Date: Acknowledgment from the Department of State,
received on this 15th day of February , 1985, atll:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of -Indian River County, Florida.
APPROV D TO FORM
AND L S U F?F'KCJ;Y :
ry : Brandenbu ,
un1VIAttorn
�O
V REQUEST TO CALL BOND FOR SCHOCK HOUSE RELOCATION
I
The Board reviewed the following memo dated 1/25/85:
TO: The Honorable Members DATE: January 25 , 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: Request to Call Bond
For Schock House
SUBJECT: Relocation
Robert M. Keats g, P
Planning & Deve opm t Director
FROM: B - Davis REFERENCES:
Code Enforcement Officer
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 6, 1985.
30
FEB 6 1985 Boor 09 Fi.lj 779
� J
I
FEB 6 1995 BOOK 5 N cE 780
DESCRIPTION & CONDITIONS:
On January 14, 1983, the County Planning & Development Division
approved a house relocation application submitted by Cyril
Schock to relocate and bring into compliance with the Standard
Building Code and all applicable zoning regulations a 1400
square foot residential building to be moved to 5570 59th
Terrace. At that time, the applicant tendered to Indian River.
County a cash bond of $3,500. A one-year time limit for
completion of the project was a condition of the approval, with
forfeiture of the bond possible if the project was not
completed in the required time frame.
Due to financial and personal setbacks within that year, Mr. &
Mrs. Schock were unable to complete -the house relocation prior
to the expiration of the one-year time limit. The applicants
then requested that the Board of County Commissioners grant
a one-year.extension to the required one-year time limit as
referenced in Section 25(n)(2) of the County's zoning code.
At that time the Board was assured by Mr. Schock that the house
relocation would be completed within one year of the original
completion date. On May 16, 1984, the Board of County
Commissioners approved the applicants' request for a one year
extension to the house relocation permit, making the new
expiration date January 14, 1985.
ANALYSIS
On January 11, 1985, prior to the expiration of the one-year
extension, an inspection of the house relocation project by
Betty Davis, County Code Enforcement Officer, and Jim Fish,
Assistant County Building Director, revealed that the project
was approximately 50% complete. The inspection revealed that
the following items had been completed.
Outside: Septic tank installed.
Meter box and service mast installed.
New windows whole house.
Inside: New electric panel.
Electric wiring and receptecles etc, being installed.
Insulation - all walls both interior and exterior
being insulated.
First & 2nd floor ceiling being insulated. -
Approximately 85% complete.
Plywood on floors.
During the inspection, the staff also noted that there was an
accumulation of construction material and debris located on the
site.
It is the staff's postion that the applicants have not acted in
good faith to comply with the requirements of the house
relocation permit. In the two year period since the permit was
issued, only half of the required reconstruction has occurred.
The applicants not only failed to meet the original permit
expiration date; they also failed to comply with the extended
deadline.
31
r
In establishing time frames and requiring performance bonds for
completion of such projects, the County has recognized that
structures must meet applicable building codes and that a means
of ensuring that compliance with those codes is achieved in a
reasonable time period must be established. Since the bond
serves that purpose, the bond must be called when specified
conditions are not met. In this case, the staff feels that the
County should exercise its option and require forfeiture of the
bond. These funds should then be used by the County to either
bring the subject structure into compliance with all applicable
codes or demolish the structure.
RECOMMENDATION:
Staff recommends to the Board of County Commissioners that no
further extensions of time be granted to the applicants, that
the $3,500 bond be forfeited, and that the County take the
necessary actions to either demolish the structure or have it
brought up to code.
Planning & Development Director Robert Keating explained
that the bond has expired and at this date the building is only
50% completed. In the past two year period, staff feels it is
evident that the applicant has not been making a good faith
effort in compliance with the agreement he had with the County
and that the County, therefore, has to be willing to take
enforcement action and call the bond.
Commissioner Scurlock asked if that means the owner could
either improve the building or take it down; Administrator Wright
felt that it could not be improved, but did suggest that we give
the owner another 120 days and then tear it down.
Chairman Lyons reported that he has been out there and the
house is just a mess and is next door to a very nice looking
home.
Commissioner Bird asked what Schock's latest promise is, and
Code Enforcement Officer Bette,Davis stated that the applicant
has obtained financing through a personal friend and hopes to
have it completed by the end of January.
Attorney Brandenburg stated there is a cash bond and asked
how much money would be required to bring the building up to
Code.
Director Keating stated that the original estimate was
$3500, Which was the basis of the bond, and Attorney Brandenburg
32
.�
BOOK Pr�E 8,-L
FEB 6 1995
BOOK 59 78?
asked if we could call the bond and then contract with someone to
make the necessary improvements.
Administrator Wright did not want to do that, and the County
Attorney then suggested that we could call the bond and require
the owner to go out and contract with someone for the $3500 and
then give him the $3500 when the building is up to Code.
Commissioner Wodtke suggested that Building Director Rymer
put in writing those items that need to be done in order to get a
C.O. and then we could have the owner bring in certified bids on
those items and then we could set a time certain and get it done.
We already have $3500 of his money.
Director Keating commented that he does not like to have to
call the bond, but if we don't enforce this, it becomes
meaningless.
Commissioner Bird asked if the owner had the $3500 cash bond
whether that would expedite his ability to finish the house, and
Code Enforcement Officer Davis noted that Mr. Schock does a lot
of his own work and doesn't want to take out a loan.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, that the Board instruct staff to
allow some additional time so the County Attorney's
office can work with the Planning Department and Code
Enforcement Board and Mr. Schock, closely monitor the
progress and report back if it is not moving ahead.
Chairman Lyons believed Mr. Schock has a hardship, and asked
why we don't find a way to disburse that money to get the job
done.
Attorney Brandenburg noted that the Board could give Mr.
Schock a certain number of days to come in with firm prices from
contractors on bringing the building up to Code, and we will
contact the contractors and guarantee them payment out of the
$3500 so that they will do the work and have it done in a
33
specific period of time. He felt we should require that the
building be painted also.
Direction Keating felt that would be acceptable.
Commissioner Wodtke noted that if he should need additional
money above the $3500 and this doesn't proceed, we should make
sure there is enough money left for demolition. The
Administrator agreed.
Commissioners Scurlock and Bird agreed to include the County
Attorney's suggested procedure as part of their Motion.
THE CHAIRMAN CALLED FOR THE QUESTION including the
addition. It was voted on and carried unanimously
r
/DISCUSSION RE INDIAN RIVER COUNTY SELECTION OF BOND COUNSEL
Attorney Brandenburg noted that his office has had some
pressure recently to go to another bond counsel than the ones we
have, and he would like to bring up a general discussion on this
regard and have it on the record today so his office can have a
clear policy and individuals applying to the County for
Industrial Revenue Bonds know exactly where they stand. He noted
that when we do these type bonds, he has to sign off on this also
and give a local opinion of counsel. Therefore, it is important
to him that the people he works with are people he knows are
conservative and that he can trust and be sure they are working -
for the County. Attorney Brandenburg noted that we have had our
current bond counsel for a long time, and he has felt very
comfortable working with them. He, therefore, would recommend
that we stay with them until their prices become unreasonable or
until we find they are not doing a competent job for us. He -
further noted that those applying for these industrial revenue
bonds receive a benefit because of the County's action, and it is
very important to have a reliable bond counsel and be sure that
the County is protected on these bonds. The County Attorney felt
34
FEB 6 1995 BOOK b 9 FAuE FI J
� J
FEB 6 1995
BOOK `'G 784
very strongly that the developer should not be allowed to shop
around for a lower priced bond counsel just so he can save a few
dollars at the County's expense. He did agree that we must
monitor bond counsel to make sure these people are not being
gouged and stated that he intended to inform the Board any time
our bond counsel is charging too much money or is not giving.us
the proper service.
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Wodtke, that the Board continue with our
present bond counsel until such time as the Attorney's
office informs the Board that the counsel is not
performing properly or is price gouging.
Under discussion, Commissioner Wodtke expressed concern
about being cost effective and not just giving the bond counsel a
blank check.
Attorney Brandenburg explained that recently it has been
brought to his attention that possibly our present bond counsel
was charging too much; actually what they are charging is the
same price they have charged in the past, but the bond field is
' becoming more competitive. He, therefore, called around to check
on the competition and then called our bond counsel back to tell
him he would have to lower his costs some, which he agreed to do.
Attorney Brandenburg emphasized, however, that he did not feel
you can call around to bond counsels who do not have much
experience with industrial revenue bonds.
Commissioner Scurlock disagreed on this matter. He felt
there are enough firms out there for us to be able to rank them
and negotiate with them just as we do in other competitive
situations.
Attorney Brandenburg totally disagreed with that concept; he
did not feel looking for a lower price is as important as having
someone you feel you can rely on. He further noted that when you
35
have four or five bond counsels for a firm to choose from, the
bond counsels all start vying with each other to get the job and
then they make deals with the applicant which can be to the
County's detriment. He again emphasized that the current bond
counsel has done a good job for the County over the years; he,
therefore, feels comfortable relying on him in these matters, and
he would like to continue with the current bond counsel.
Commissioner Scurlock did not believe that Freeman is the
only bond counsel in the State of Florida we would be able to
feel comfortable with, and noted that he is just asking the
County Attorney to select five firms from the entire State of
Florida that he could feel comfortable with and then rank them
and prioritize them for negotiations.
Chairman Lyons felt that there is a lot of difference
between an attorney and an engineer, but he did believe the type
of discussion held today helps the County Attorney to keep a
handle on the costs of these services.
Commissioner Wodtke noted that this bond counsel works very
closely with our County Attorney. He did agree that bond counsel
has to be made to realize that he must be competitive on his
fees, but he did not feel that bond counsels should be
prioritized.
Commissioner Bird concurred.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried,by a vote of 4-1, Commissioner
Scurlock dissenting.
;'PUBLIC HEARING - RIGHT-OF-WAY ABANDONMENT PETITION - JANET
WALESKI
The hour of 9:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
36
FEB 6 1985 BOOK 59 PAGE 785
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter
in the A
Court, was pub-
lished in said newspaper in the issues of �D
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 fob the purpose of securing this
advertisement for publication in the said newspaper. /I
BOOK 59 P$GE 86
NOTICE OF PUBLIC HEARING '
NOTICE OF HING TO CONSIDER A PETI-
ON FOR THE CL
TICLOSING. ABANDONMENT AND
VACATION OF THAT PORTION OF 8TH STREET
LYING WEST OF THE WEST RIGHT-OF-WAY OF
28TH AVENUE LOCATED. IN HALLMARK
HOMES SUBDIVISION. f ` '
A public hearing at which Parties to In Inteorest be
and citizens shall have an opportunity
heard, will be held by the Board of County Com-
m*ioners of Indian, giver County, Florida, in the
County COmmisslon Chambers, of ",County
Administration Building, located. at 1840; 25th
Street Varo Beach, Florida On Wednesday, Feb'
rif any personuaryny . at decides to 'aPany decision
made on the above matter, he will need a record
of the- Proceedings, and for such purposes, he
may nes to ensure that a verbatim record of the
proceedings is made, which includes testimony
and evidence upon which the appeal is based,
Indian Rives County,.
ofcountalonari
Patrick B
C m'L
Yona
an
_
Jan. Is. 1986 -
r
Sworn to and subscribed before me this day f 19
(Business anager)
(Clerk of the Circuit Court, Indian River Count ,Flo d
(SEAL)
i
The Board reviewed the following memo dated 1/24/85:
TO: The Honorable Members DATE: January 24, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RIGHT-OF-WAY ABANDONMENT
PETITION SUBMITTED BY
SUBJECT: JANET WALESKI
Robert M. Keatingomcp
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Fr,/1 Chief, Current Development Section
FROM: Karen M. Craver REFERENCES: J. Waleski
Staff Planner DIS:KAREN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 6, 1985.
37
DESCRIPTION AND CONDITIONS
In December of 1984, Janet Waleski submitted a right-of-way
abandonment petition to the Planning and Development Division.
The applicant is requesting that the County abandon its rights
to that portion of 6th Street, lying west of 26th Avenue,
within Hallmark Homes Subdivision. The applicant is the owner
of lot 17, which lies immediately north of the subject right-
of-way.
As per the procedures approved by the County Commission, the
petition was reviewed by all County divisions and utility
providers having jurisdiction within the right-of-way. The
response of all reviewing agencies was positive. Public Works
Division approval was given with the condition that the
southern 10 feet and the western 12 feet be retained as
drainage and utility easements. Said easements have been
incorporated into the attached resolution (attachment #3).
AMAT.v_(Zrc
The 35 foot wide right-of-way was dedicated to the County on a
plat recorded in 1965 and has not been utilized to this date.
Stub -outs, such as this portion of 6th Street, are created to
provide for future connection with adjacent land parcels.
However, in March of 1980, Laurelwood - Unit 3 was platted for
development ori the adjacent parcel and designed in such a way
as to eliminate the need for the 6th Street stub -out (see
attachment #2).
Customarily, when the County abandons right-of-way, the proper-
ty is divided between the two adjacent property owners; how-
ever, in this case the entire parcel will become part of the
applicant's lot. This is due to the fact that the lot on the
south side of the subject right-of-way is part of Laurelwood -
Unit 3, and it is Public Works Division policy not to allocate
the abandoned right-of-way to two different subdivisions.
RECOMMENDATION:
Staff recommends that the County abandon its rights to that
portion of 6th Street lying west of 26th Avenue in Hallmark
Homes Subdivision and execute and record the attached resolu-
tion.
Planner Karen Craver presented staff's recommendation that
the County abandon its rights to that portion of 6th Street lying
west of 26th Avenue in Hallmark Homes Subdivision.
Commissioner Bird realized that we release these easements
fairly frequently, but he didn't know if we are entitled to be
compensated for these easements.
Attorney Brandenburg explained that the abandoned road is
not necessarily split in half. It reverts back as if it had only
been an easement to begin with. In other words, if they had not
dedicated the road, but had just given a road easement, and the
entire road was part of the property next to it, then when you
38
FEB 6 1985 BOOK ` 9Pr,r 787
I
FEB 6 1985a�
BOOK f'{ -"F.7 8
abandon it, the entire road goes back to that property. In a
subdivision where there is a lot on each side of a road, there is
a presumption, unless there is a reverter clause, that the
easement would be split evenly between those lots. In this
particular case, the abandonment just happens to benefit one
particular person.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously adopted
Resolution 85-16 providing for closing, abandonment,
and vacation of that portion of 6th Street lying west
of the west right-of-way line of 26th Avenue, located
in Hallmark Homes Subdivision, and reserving unto the
County easements for drainage and utility purpose.
39
RESOLUTION 85-16
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, AND
VACATION OF THAT PORTION OF 6TH STREET LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF 26TH AVENUE, LOCATED IN HALLMARK HOMES
SUBDIVISION, AND RESERVING UNTO THE COUNTY EASEMENTS FOR
DRAINAGE AND UTILITY PURPOSES.
WHEREAS, on November 29, 1984, the County received a
duly executed and documented petition from Janet Waleski of 605
26th Avenue, Vero Beach, Florida; requesting the County to
close, vacate, abandon, and disclaim any right, title, and
interest of the County and the public in and to all that
portion of 6th Street lying west of the west right-of-way line
of 26th Avenue in the Hallmark Homes Subdivision, as recorded
in Plat Book 7, Page 9; and
WHEREAS, in accordance with Florida Statutes S
336.10, notice of a public hearing to consider said petition
has been duly published; and
WHEREAS, after consideration of the petition, sup-
porting documents, staff investigation and report, and testi-
mony of all those interested and present, the Board finds that
said right-of-way is not a state or federal highway, nor
located within any municipality, nor is said right-of-way
necessary for continuity of the County's street or thoroughfare
network, nor access to any given private property; with the
sole exception that said right-of-way is deemed necessary for
drainage and utility purposes as reserved below.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA THAT:
1. All right, title, and interest of the County and
the public in and to that certain right-of-way known as 6th
Street, which lies west of the west right-of-way line of 26th
Avenue, as shown in the Hallmark Homes Subdivision, as recorded
in Plat Book 7, Page 9, of the Public Records of Indian River
County, Florida, is hereby forever closed, abandoned, vacated,
surrendered, discontinued, remised, and released with the
exception that the following described drainage and utility
easements are hereby reserved in perpetuity unto the County and
the public and shall not be deemed to have been closed or
abandoned in any way by this resolution:
The south 10 feet of the west 100 feet and the west
12 feet of the south 35 feet of the following de-
scribed parcel of land:
The west 260 feet of the east 10.46 acres of the west
20.46 acres of tract 4, Section 14, Township 33
South, Range 39 East, Indian River County, Florida.
2. Notice of adoption of this resolution shall be
forthwith published once within thirty (30) days from
the date of adoption hereof; and
3. The Clerk is hereby directed to record this resolu-
tion together with the proofs of publication required
by Florida Statutes S 336.10 in the Official Record
Books of Indian River County without undue delay.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion
was seconded by Commissioner
Wodtke
being put to a vote, the vote was as follows:
and, upon
FEB 6 1985
BOOK 9 F`A�E 789
FEB6 195
BOOK 59 pnF 790
Aye
Aye Chairman Patrick B. Lyons
Aye Vice -Chairman Don C. Scurlock, Jr.
Aye Commissioner Richard N. Bird
Aye Commissioner Maggy Bowman
Commissioner William C. Wodtke, Jr.
The Chairman thereupon called the resolution duly
passed and adopted this 6th day of February •
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ATTEST A, o t�CJJf L
FREDA WRIGHT, CZERK
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in this State and County to take
acknowledgments, personally appeared PATRICK B. LYONS and FREDA
WRIGHT, as Chairman of the Board of County Commissioners and
Clerk, respectively, to me known to be the persons described in
and who executed the foregoing instrument and acknowledged
before me that they executed the same.
WITNESS my hand and official seal i he County and
State last aforesaid this - day of
A.D. 1985.
J
Nota Pub c
NOTARY PUBLIC STATE
TA StOF FLORID
APPROVED AS F RM AND LEGAL BONDED THRU GENERA
SUFFICIEN „ MY COMMISSION EXPIRES JULY A [98fi.'
BY:
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NORTHWeeT CORNER
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.UNIT • ONE
BEING A SUBDIVISION OF THE WEST 260 FEJT OF THE
EAST 10.46 ACRES OF THE WEST 20.46 ACRES OF
TRACT 4. SECTION 14. TOWNSHIP SS SOUTH. RANGE SS
EAST.ACOOROINO TO THE LAST GENERAL PLAT OF LANDS
OF THE INDIAN RIVER FARMS COMPANY. FILED IN THE OFFICE
OF THE CLERK OF CIRCUIT COURT OF ST.LUCIE COUNTY,
FLORIDA, IN PLATBOOK 2.PAGE 2S. SAID LANDS NOW
LYING IN INDIAN RIVER COUNTY. FLORIDA,
1 I
STATE OF FLORIDA
GOUNTY OF R/ • .�
I, MEREBY CERTIFY THAT ON THIS OA+OF
1962. BEFORE ME PENW.NALLY APPEARED
ROBE. RST MOSC. PRERIOENT, AND
MARY ROSE ,RCRF TAR'.
OF -HALLMARK HOMES OF VERO BFACH INC: A C0.1!, -;.TMN
OFTHE STATE OF F: RIDS TL ME KNOWN TO SE THE
PERSONS OCSCRIBC` N AND WHC EX EDUT EO THE FORE•
GOING DEDICATION AND SEVEN&— ACKNOWLEDGED
THE EXEC UTION THEREOF TO BE THEIR FREC ACT AND
DEEO'AS SUCH OFFICERS FOR HE USES AND PURPOSES
THEREIN .,0471 ONED, AND THAT THEY AFFIXE.. THERETO
THE OFFICIAL SEAL OF SAI[ CORPORATION AND THE SAID
INSTRUMENT IB THE ACT AND DEED OF SAID CORPORATION
WRN ESS My HANG ONO 9[AL THE psV AND
YEAR LMT MENTIONED
D'
65_, i BL iT E 0 FLORIDA -FT„pRIDA
NOTARv L r. STATIC OF
AT LARGE
MY CWAMISBIO 7%PIRCS
CERTIFICATE OF DEDICATION
STATE OF FLORIDA
COUNTY
THIS IS TO CERTIFY THAT THE LANO9 AS
SHOWN ON THIS PLAT mftE THE PROPERTY OF HALLMARK
HOMES OF VERO BEACH INC A CORPORATION OF THE STATE CF
FILJRIOA AND IT HEREBY DEDK:ATES TO -He PUBLIC FOREVER AL:
STREET AND CASEMENTS AS SHOWN THEIIEON.
IN WITNESS WHERE OF , THE SAID CORPORATION
HAS CAUSED THESE iRFSENTS TC BL SIGNED IN ITS NAME
BY ITS PRESIDENT AND ITS CORPORATE SEAL TO BE
AFFIX D 7 ATTES TCO BY ITS SLCRETARY THIS _ALS DAY
OP PTI, 1902.y�'
•�yy�7.(�, •.i�•f"""'�+ .PRESIDENT
ATTEST
CERTIFICATE OF CLERK OF CIRCUIT COURT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
1, CLERK OF THC CIRCUIT COURT OF INDIAN
RIVEN COUNTY , FLOPIDA.00 MCREBY CERTIFY THAT I.
HAVE EXAMINED THIS PLAT OF -HALLMARK HOMES•'AND
THAT IT COMPLIES IN FORM WITH ALL TME--OUIREMCNTS
GF CHAPTER 10278 OF THE LAWS OF THE S I AT C OF FLA
THIS PLAT FILED FOR RECORD ON THIS
DAY F . Qra/L 962• AND RECORDED ON
FADE �. OF PLATBOpK �_ IN THE OFFICE
OF THE CLERK OF CIRCUIT COURT OF INDIAN RIVER
COU NT Y, FLORDA ...
LAI "
CLE OF CIRCUIT COURT
INP A�NRIVER COUNTY, FLORIDA
,I
BY - ..Cad'
DEPUTY CLERK
EP40INEEMB CERTIFICATE
I. JAMED L 9EINDORF 00 HEREBY CERTIFY
THAT THIS PLAT OF -HALLMARK HOMES- tS MAGE FROM
AN ACTUAL RLRVEY MADE L'NpER MY SUPERVIS ION, AND
THAT IT IB A CORRECT REPRESENTATION CF THE LAND
PLATTED AND THAT PER.AANENT REFERENCE MONUMENTS
HAVE BE L'N PLACED AS C+•LLE� FOR UNDER SECTION T
CHAPTER 10275. OF THE LAW'S OF THE STATE OF FLORID.
DATED TMI4__13 *,DAY O► _ 4 o,G/I_._ 19e2
1L CNOINEER NF• LL 2,LAND SURVEYOR NL 921
1
THISPLAT OF'NALLMARK HOLES- 1y MCREBY
APPROVED BY THE ACCRVITF REPRESENTATIVE OF
7H! OOARO OF CCUNT+COMMISSIONERS OF INDIAN
RIVCR CGJNTY , FLORIDA�./.1 A
BY TEO_TMIS ,e.OAV GF-ORK ISSY
P 12'PUBLIC UTILITY AMORT NAGE CASEMIC 1T ONREAR AND
LINC9 WHERE i
SIDE LOT SHOWN..
2• 8EARINOS REFER TO MAGNCTIC MERIDAN
STB' RADIUS ON ALL BLOCK CORNERS AS SHOWN
*FINISH ROAD ELEVATIONS THUS. ;►a e�
O• PAM THUS O
CIO
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L�2
Bou .59 F,,�,HL 792
PUBLIC HEARING - ORDINANCE AUTHORIZING CERTAIN EMPLOYEE
INCENTIVES AND BONUSES AS VALID PUBLIC PURPOSES AND EXPENDITURE
OF COUNTY FUNDS FOR SUCH PURPOSES
Commissioner Wodtke was called away from the meeting at
10:05 o'clock A.M.
The hour of 10:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached,.to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of s
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, Floridaffor 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
advertisemf)nt for publication in the said newspaper. A
Sworn to and subscribed before me this dat of
i
C/o r,
(Bu
(Clerk of the Circuit Court, Indian River
(SEAL) ,
i
42
19
-— PUBLIC NOTICE?
The Board of County Commissioners of Indian
River County, Florida, will conduct a Public
Hearing on Wednesday. February 8, 1985, st
10:00 a.m. in the Commission Chambers at the
County Administration Building, 1640 26th
street, Vero Beach, FL 32980, to consider the
adoption of an ordinance entitled: ;
"AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING CERTAIN EMPLOYEE
INCENTIVES AND BONUSES AS VALID PUBLIC
PURPOSES AND AUTHORIZING THE EXPEND-
ITURE OF COUNTY FUNDS FOR SUCH PUR-
P[LRFS- PROVIDING FOR DISCLOSURE TO THE.,
SEVERABILITY AND EFFECTIVE oAl t:
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 verbs -
cord of the proceedings Is made, which
record Includes the testimony in evidence on
which the appeal is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
PATRICK B. LYONS, CHAIRMAN
Sincerely,
Gary M. Brandenburg,
County Attorney
Jan.19,1985,
Attorney Brandenburg explained that the Clerk's Office is
reluctant to issue any checks for this purpose without
authorization by ordinance, and recommended that the Board adopt
the proposed ordinance.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke having left the meeting),
closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-10, authorizing certain
employee incentives and bonuses as valid public
purposes and authorizing the expenditure of County
funds for such purposes.
43
FEB 6 1985 BOOK 59 F��,,U 793
FEB 6 1985 . BOOK 5 9 F'�,,c,7i 94
INDIAN RIVER COUNTY ORDINANCE NO. 85- 10
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING CERTAIN EMPLOYEE
INCENTIVES AND BONUSES AS VALID
PUBLIC PURPOSES AND AUTHORIZING THE
EXPENDITURE OF COUNTY FUNDS FOR
SUCH PURPOSES; PROVIDING FOR DISCLOSURE
TO THE COUNTY COMMISSION; INCLUSION IN
CODE; SEVERABILITY AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that
SECTION 1.
AUTHORIZATION OF CERTAIN INCENTIVE PLANS,
AWARDS, CERTIFICATES AND SUPPLIES
The County Administrator for Indian River County is
hereby authorized to establish County and employee incentive
functions and to expend County funds for such purposes. This
authorization shall include, but shall not be limited to, employee
awards, payments of the cost of employee functions, incentive
programs, cash awards for incentive programs, supplying of
materials, supplies, uniforms for County athletic teams, sick leave
bonuses, retirement dinners or awards, and longevity awards.
SECTION 2.
DISCLOSURE OF PROGRAM TO THE COUNTY COMMISSION
The County Administrator shall disclose all such awards
programs or incentive functions to the Board of County
Commissioners prior to institution of the program.
SECTION 3.
INCLUSION 'IN CODE
This Ordinance shall be incorporated into the Code of
Indian River County and the word "ordinance" may be changed to
"section," "article," or other appropriate word and the sections
of this Ordinance ma)y be renumbered or relettered to accomplish
such purposes.
SECTION 4.
SEVERABILITY
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of This Section which can be given
in effect without the invalid provision or application, and to-
this
o-this end, the provisions of this Section are declared severable.
SECTION 5.
EFFECTIVE DATE
The provisions of this Ordinance (No. 85- 10 ) shall
become effective upon receipt from the Secretary of the State of
Florida of official acknowledgment that this Ordinance has been
filed with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 6th day
of February , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
0
eatricx Li. �yIns,
Chairman
Acknowledgment by the Department of State of the State of Florida,
this lith day of February , 1985.
Effective Date: Acknowledgment from the Department of State,
received on this 15th day of February , 1985, at 11:00
A'.'M. /P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
ANDAPPftEDL /S�jTF� R�IrjrY
t " 7. -`Bra'hdenbu g,
ou ty Attorney
DISCUSSION RE MORATORIUM ON BARRIER ISLAND
Attorney Brandenburg reviewed the past history of the events
leading up to the County adopting a resolution in November, 1984
providing for the suspension of development approval reviews
until such time as the County considers an interim moratorium to
enable the full evaluation of the effects of such development on
the barrier island. He explained that notices will be sent out
tomorrow informing each property owner of the public hearing on
45 BOOK FAE 1 91
FEB 6 1995
� J
BOOK 59 f'a;E 796
the proposed ordinance which will limit the densities to 3 -units
per acre. Meanwhile, the Dept. of Community Affairs has dropped
its recommendation to the Cabinet that the area be designated as
one of critical concern. There have been some projects affected
by this interim moratorium and people have asked the County to
reconsider their applications in light of the new events. The
County Attorney, therefore, felt that the Board might want to
consider those today before the notices were sent out tomorrow.
Commissioner Scurlock stated that Dr. DeGrove of the Dept.
of Community Affairs has assigned a full-time person to monitor
this County in regard to the HIMP, and has asked to be sent the
agendas and minutes of the meetings of the Planning & Zoning
Commission, the Board of Adjustments, and the Board of County
'Commissioners meetings on a regular basis. Commissioner
Scurlock felt that this might put them in a position at the end
of the year to say that we should have been included in that
designation, and he was concerned about what kind of message we
would be giving them if we drop the ordinance and go to a limit
of 6 units per acre.
Commissioner Bird had the same concern and stated he did not
want to do anything to jeopardize the assurance we have given
them through the adoption of the moratorium resolution.
Attorney Brandenburg believed there is no question that they
are relying on the assurances the County gave them re our
continuous effort to improve the County's rules and regulations
for compliance with the HIMP, but he pointed out that we have
never promised a density limitation; we have indicated, however,
that we would do a traffic study and abide by what that study
yielded. He confirmed that we have sent them a copy of the
adopted moratorium resolution.
Commissioner Scurlock also expressed concern about the
onslaught on the Planning Department once the densities were back
to 6 units an acre with everyone gobbling up densities and then
finding out that the traffic analysis would only allow 3 or 4
46
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units per acre. In addition, he pointed out that the Town of
Orchid had voluntarily dropped their densities down from 8 units
per acre to match ours.
Commissioner Bowman did not see how we could go with
anything different than what the transportation analysis would
indicate and did not see how we could possibly lift the
moratorium at this time.
Commissioner Scurlock felt that many people believe the
barrier island density was 6 units per acre when, in fact, much
of it was 3 units per acre before the moratorium went into
effect.
Planning & Development Director Robert Keating stated that
based on existing and committed development, there is still a
little excess capacity left on the Wabasso Bridge causeway.
Commissioner Bird wondered about the effect of all this on
the North Beach Water Company.
Commissioner Scurlock felt that Attorney William Caldwell
and his clients, North Beach Water Company, are trying to
establish whatever legal position they can by putting the County
on notice. His reasoning regarding this is that their first
phase is designed to meet their needs and they are caught in
between in terms of their present request to expand their
franchise area, i.e., they are hesitant to expand because they
want to maintain their integrity in developing their units, but
on the other hand, densities are being reduced; obviously, they
have reserved certain taps, but they may have additional
capacity. Commissioner Scurlock personally felt they have the
absolute ability to transfer these taps and expand the service
area. He noted that Indian River Shores has requested the County
to consider expanding the franchise into their town after their
contract is up with the City of Vero Beach; the residents of
Summerplace are considering requesting service; the Sea Oaks
project already has a line in place; and there are others trying
to negotiate an expansion of the franchise area.
47
There is some
BOOK 59 F' 7.%117
EE B 6 1995r
1
BOOK 9 Pn �0
question whether the area to the north owned by the Zaremba group
is vested or not. Obviously, there are many who want service,
but the question facing North Beach Water Company is can they
service everybody else in their first phase and not jeopardize
their project.
Attorney Brandenburg felt that just because the County
encourages one plant and gives them a franchise, it does not vest
any of those lands that franchise -is going to serve at any
particular density. He pointed out that the County is sizing a
plant out SR -60 and developers voluntarily had their land
assessed for some 4000 units. That does not vest those
developers with that many units on each one of those lands.
William Caldwell, attorney representing North Beach Water
Company and other north beach properties, informed the Board that
the new plant will have a capacity of one million gallons per day
which will serve 2000 units, 1500 of which have been subscribed
to by the stockholders of North Beach Water Company and also Bay
Tree. Five hundred units have not been subscribed for. The
existing franchise territory at 6 units per acre would have a
total requirement of two million gallons per day, but Attorney
Caldwell pointed out that when you put the 3 -unit moratorium on
this franchise area, it results in a decided shortfall because
not all the property owners there are going to buy all their
units. If the franchise area is expanded, it will alleviate some
of the problem in that there is hope that the added area will
take up the slack. Attorney Caldwell stated that while he
agrees with Attorney Brandenburg about the franchise territory
being a specific size and everyone in that territory having a
right to rely on zoning and getting water taps, he believed that
the property owners in that area who have entered into
development agreements and spent many hundred thousand dollars to
build the water plant have some vesting. He further felt that
these vested rights have to be considered on an individual basis.
Last April the owners of Orchid Island Club requested and were
48
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granted a rezoning of their 25 acre tract west of AIA to 6 units
per acre. Attorney Caldwell emphasized the County's site plan
requirements are extensive, and the developer has spent over
$250,000 in the last year or so, and has worked very intensely
with staff for the last 9 months. The site plan was filed by the
owner/developer one week prior to the first moratorium resolution
and he believed there was another site plan filed by someone
holding an option on the Nutt property. He urged the Board to
consider the vesting argument in re to the Orchid Island Club.
He believed that it may well be that the expansion of the North
Beach Water Company is viable because of the purchase of water
taps.
Commissioner Scurlock asked Attorney Caldwell if a decision
were rendered in Orchid Island Club's favor, were they talking
about beginning construction and carrying the project through to
completion?
Attorney Caldwell felt their intent is to have a model ready
for marketing this coming season.
Commissioner Scurlock noted that they could wait till June
or July to start construction and still have time to have a model
in place for next season which would give them an opportunity to
see the results of the transportation analysis.
Attorney Caldwell stressed that the owners of north beach
properties are trying to convince the Board that they have vested
rights and that if the State came along and tried to take them
away, they would be paying for.the dimunition in the value of the
real estate. He further stressed that if staff had processed the
site plan application and if the moratorium resolution had not
been adopted, the site plan would have been through by now.
Attorney Brandenburg understood that the site plan takes the
density from the west and brings it up to 12 units per acre on
the ocean, but Attorney Caldwell pointed out that was done with
the County's participation and not at the last hour before the
moratorium.
49
FEB 6 1985 BOOK �9 P; OF 7119
FEB 6 1995 BOOK 59 F,acF 800
Director Keating explained that the development is on both
sides of AIA and they plan to cloister their units on the east
side of AIA and put in some recreational facilities on the west
side of AIA. Staff considers it a normal site plan where units
are cloistered on one part of an overall tract, but since the
Thanksgiving storm, staff has been making more recommendations
regarding setting back further from the ocean and taking
additional measures to make sure -that no erosion damage occurs.
Attorney Brandenburg explained that one of the reasons for
the County's resolution to put a hold on development reviews
until the ordinance can be considered was that the County just
does not have the necessary information to determine how these
projects are going to impact the traffic system on the barrier
'island now or in the long run. If this project were allowed to
go ahead because it was submitted prior to that date, as opposed
to all the rest that were submitted after that date, there has to
be a distinction based on the policy behind the resolution, and
he was having trouble finding that distinction.
Attorney Caldwell believed that the purpose of the
resolution was to stop the influx of site plans, but Attorney
Brandenburg reiterated that the Board's purpose was to make sure
they had the necessary knowledge in hand before they made
decisions on planning & zoning matters so that they did not
jeopardize the transportation system on the island in the long
run.
Attorney Caldwell stated that the legal position of the
owner is that the County does not have the right to stop them
just because a decision has been made to put in a moratorium. He
felt that the reason the moratorium was put into effect initially
was to placate the State even though the County felt the
densities for the barrier island were workable.
Chairman Lyons stressed that the State has raised the red
flag as far as our traffic situation is concerned, and while we
might have felt comfortable with it six months ago, they have
50
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M
raised enough questions that we don't feel comfortable with it
now and will not until we receive the traffic study.
Commissioner Scurlock reported that at the last meeting of
the Transportation Planning Committee, the traffic analysis
consultant was not able to give even a rough idea as to what the
study might find.
Attorney Caldwell had complete sympathy for what the County
is trying to do in keeping a handle on the densities until the
transportation study is complete, but he felt that the developers
with vested rights should not be stopped.
Commissioner Scurlock asked Attorney Brandenburg what
criteria would be needed to consider whether this specific
situation is vested.
Attorney Brandenburg explained that "vesting" is a term that
has been developed by the courts, as opposed to administrative
bodies, and it relates to when someone relies justifiably on an
act or omission of government to their substantial detriment and
as a result, the courts rule that it is inequitable and unjust
for the government to pull the rug out from under them, so to
speak, and the court enters a judgement saying that the
development is vested and can proceed as originally planned.
Commissioner Scurlock felt then that the act here would be
that the Planning & Zoning Commission failed to act in a timely
fashion, but Attorney Brandenburg believed Attorney Caldwell
would argue that it was based on the existence of the zoning, the
submission of the site plan based on the site plan ordinance, the
expenditures made in preparation of plans and the reservations of
utilities. Attorney Brandenburg pointed out that the Comp Plan,
however, always has contained a traffic service level requirement
of C and D, but when the State did their traffic analysis, it was
the first time the County had a study that showed that those
levels of service were being exceeded or would be exceeded if
more development was approved. The red flag was raised at that
51
FEB1985 BOOK 59 Frt,F 8921
point. He emphasized that no developer nor anyone else has come
to the County with any other traffic analysis showing this not to
be the case, and therefore, there is a real question whether the
developments as proposed really meet the requirements of the
Comprehensive Land Use Plan.
Chairman Lyons noted that even though they might meet the
density aspect, that doesn't necessarily mean that they meet the
traffic aspect, and Attorney Brandenburg confirmed that it is
necessary to meet all the requirements -of the Plan, not just one,
in order for a development to proceed.
Attorney Caldwell asked if that means that nothing on the
south beach could be permitted any more, and Attorney Brandenburg
felt that it means that if you don't meet the requirements of the
traffic analysis and the Comp Plan, you won't be permitted.
Attorney Caldwell did not feel that they do down on the south
beach.
Commissioner Scurlock thought it would be April or May
before the traffic analysis is to a point where it could be
brought to the Transportation Planning Committee, and then an
impact fee ordinance might be adopted by September or October.
He was not for allowing a higher density on the ocean side when
everyone is advising against it.
Chairman Lyons agreed that we cannot make a change until we
know all the facts and we don't have them right now.
Commissioner Bird asked Attorney Brandenburg if we had the
ability at this point to change the moratorium of 3- units per
acre to effect site plans submitted as of a certain time or go
ahead and process them.
Attorney Brandenburg stated that the County could indicate
that they would process everything that was accepted prior to the
date of the adoption of the resolution, or could decide to drop
the resolution entirely and process everything that was submitted
prior to the date the ordinance is adopted, whenever that occurs.
Commissioner Scurlock asked if the Comp Plan allows anything
above traffic levels of C & D.
52
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Attorney Brandenburg stated that in his opinion, it does
not; the Comp Plan states that when you take existing traffic
plus background traffic, you cannot exceed the level of service
"C" on an annual basis, or a level of service "D" during the peak
season.
Director Keating confirmed that when a site plan comes in,
staff considers its trip generation rates and compares it to the
existing traffic.
Attorney Brandenburg advised that if the Board decides to
let this site plan go because of the timing of the application,
then he would recommend that all site plans be let go that were.
submitted prior to the date the moratorium ordinance is in place
because such Board action would indicate it is felt we have
enough knowledge now to assess the traffic situation on this
project, and it, therefore, would follow that we would have had
enough knowledge to assess the traffic for a site plan that was
submitted three days later.
Commissioner Bird felt there were three options: 1) Keep
the 3 unit per acre moratorium in place as of the date
of the adoption of the resolution.
2) Put the 3 unit per acre moratorium in place as of the date
the ordinance is adopted.
3) Drop the moratorium resolution entirely.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the Board
keep the moratorium resolution in effect as it is.
Attorney Brandenburg advised that they will proceed with the
public hearing for the proposed ordinance.
Commissioner Bird realized that it does put a hardship on
some developers, but he did not know how we could do anything
else without having the findings of the traffic analysis.
53
FEBLk 6 1985
BOOK Free
r FEB 6 1995 BOOK 59 F 804 7
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously 4-0,
Commissioner Wodtke having been called away from
the meeting.
VISTA ROYALE WASTEWATER TREATMENT PLANT �/V
The Board reviewed the following memo dated 29/85:
TO: The Honorable Members of DATE: January 29, 1985 FILE:
the Board of County Commissioners
THRU: MichaeCounty Wright Administrator WASTEWATERVISTA ROYALE
Administrator SUBJECT: TREATMENT PLANT
FROM:Terrance G. Pinto c e- REFERENCES: 1) Engineer's Report
Utility Services Director 2) Letter of Commitment
DESCRIPTION AND CONDITIONS:
Commercial Center Development Corporation has applied for
sewer service from Indian River County.
The plant that is closest to their property has hydraulic
capacity. However, the plant has experienced some operational
problems in the past. Because those problems have occurred,
the Utility Department is recommending the County enter into
a developer's agreement requiring the applicant to make im-
provements to the system.
The improvements would enhance the present treatment and
reduce the present flows. The net result would be that al-
though this applicant would be contributing an estimated
38,000 gallons, the overall flows would be reduced below
the existing flows. This would occur because of the elimina-
tion of infiltration. Also, other improvements that are
outlined in the attached report would eliminate the present
operating difficulties (Exhibit "1").
ALTERNATIVES AND ANALYSES:
The alternative would be to allow the developer to obtain
a franchise and install a package plant.
RECOMMENDATION:
It is the recommendation of staff that the Chairman be autho-
rized to execute the attached letter of commitment entering
into an agreement with Commercial Center Development Corpora-
tion to make certain improvements outlined in the attached
engineer's report to the Vista Royale Wastewater Treatment
Plant (Exhibit "211).
54
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EXHIBIT "1" IS ONE FILE IN THE OFFICE OF THE CLERK
Administrator Wright recommended the Board authorize the
execution of a letter of commitment in regard to entering into an
agreement which will allow Commercial Center Development
Corporation to make certain improvements to the Vista Royale
Wastewater Treatment Plant so they can tie in. He reported that
we are also requiring Commercial Center to do some grouting of
existing vitrified clay gravity sewer mains at Vista Royale where
we are experiencing some significant infiltration problems. The
Administrator further explained that in order to save engineering
fees, we are proposing to charge them a normal impact fee and
then deduct not more than 50% for the cost of the modifications
of the plant.
Commissioner Bird understood then that they will be making
improvements that will benefit the plant; we will be gaining a
customer; and they would be paying for the improvements with 500
being deducted from their impact fee.
Commissioner Scurlock noted that he had asked Administrator
Wright to address the special criteria for deciding who gets what
capacity.
Administrator Wright advised that criteria is going to be
included in the line extension ordinance, which will state that
capacity will be on a first come, first served basis. He felt
this case was rather unique because the County made them prove
there was capacity.
Commissioner Bowman asked,how much money they would have to
come in with up front to pay for the improvements, and
Administrator Wright advised that the estimated costs are $33,000
for the plant work and $12,000 for the grouting work. The total
impact fees will be in the neighborhood of $80,000-$100,000, from -
which 50% of the improvement costs will be deducted.
55
BOOK v�� F°,GE ��5
FES 6 1985
FEB 6 1985
BOOK i FA, E 80
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously approved
the execution of the following letter of commitment
_ entering into an agreement with Commercial Center
Development Corporation to make certain improvements
to the Vista Royale Wastewater Treatment Plant.
EXHIBIT "2"
SIPPEL, MASTELLER, LORENZ & HOOVER, INC.
Post Office Box 1045
Sebastian, Florida 32958
(305) 589-4800
CONSULTING ENGINEERS • LAND PLANNERS
January 7, 1985
Mr. Terrance G. Pinto, Executive Director
Indian River County Utilities Services
Post Office Box 1750
Vero Beach, Florida 32960
Re: South Vero Square Shopping Center
Commercial Center Development Corporation
Oslo Road and U.S. Highway #1
Indian River County, Florida
Dear Terry:
As you are aware, Commercial Center Development Corporation desires to
convey wastewater from the proposed South Vero Square Shopping Center Project
to the Vista Royale Wastewater Treatment Plant. It is my understanding based
on our meeting of Thursday, January 3, 1985, that this can be achieved if
Commercial Center Development Corporation agrees to the following:
1. Commercial Center Development Corp. will complete improvements to
the Vista Royale Wastewater Treatment Plant as described in the En-
gineering Report entitled "Engineering Study and Report Evaluation
of Available Capacity and Treatment Efficiency, Vista Royale Waste-
water Treatment Plant, Indian River County, Florida" prepared by
Sippel, Masteller, Lorenz & Hoover, Inc. dated November, 1984 in-
cluding the installation of a walkway atop the plant surge tank and
a parshall flume.
2. Commercial Center Development Corp. will contribute an amount up to
and not exceeding $12,000 to conduct a TV analysis cleaning and
sealing repair of the existing vitrified clay gravity sewer mains
(8" 0 and above) in the Vista Royale project to reduce the amount
of infiltration/inflow to the Vista Royale Wastewater Treatment Plant.
3. Commercial Center Development Corp. will provide full impact fees for
South Vero Square Shopping Center including outparcels except that
the costs incurred by the developer under items #1 and #2 shall be
deducted from the impact fees, but the deduction shall not exceed
50% of the impact fees.
56
Mr. Terrance G. Pinto, Executive Director
January 7, 1985
Pg. 2
We have discussed with Commercial Center Development Corp. the above
conditions that they must agree to in order that the County will accept waste-
water from the South Vero Square Shopping Center Project. Commercial Center
Development Corp. understands and agrees to the conditions listed above by
execution of this letter below.
If the above listed conditions are accurately described as we discussed
with you on Thursday, January 3, 1984, please execute the additional copy
of this letter and return it to my attention. Thank you for your assistance
on this project.
Sincerely yours,
SIPPEL, MASTELLER, LORENZ & HOOVER, INC.
An E, oler, P. .
t Engineer
SEM/pp
enc
cc: Commercial Center Development Corp.
-71
NAME TIT
(DIRECTOR OF CONS ON)
Commercial Center Development Corp.
COMPANY
4730 NW 2ND AVE.
or Board ofN oun�t T� mmissioners
Indian River C y, Florida
1840 25th :'?re`ely
Vero Beach, Florida 32960
ADDRESS ADDRESS
BOCA RATON, FLORIDA 33431 February 6, 1985
DATE
DATE
(Exhibit "1" - Engineer's Report - on file in Clerk's Office)
PUBLIC HEARING - ESTABLISHMENT OF FRANCHISE, RIVERWALK
UTILITIES, INC.
The hour of 11:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
57
FEB 6 1985 BOOK .9 F, , 807
FE B 6 1995
O BEACH PRESS -JOURNAL
JAN �' 1985 Published Daily
ch, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
�
Before the undersigned authority y personally appeared J. J. Schumann, Jr, who on oath
says that he is Business Manager of the Vero Beach Press,loumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter of- __—___
I
I
in the Court, was pub-
lished In said newspaper in the issues of - O
I
I
Affiant further says that the said Vero Beach Press-Joumal 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 beer
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 o'
advertisement; and affiant further says that he has neither paid nor promised any person, fim
or corporation any discount, rebate, commission or refund6theose ofsecuring this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this I!� y o
( s Me eq
(BEAU (Clerk of the Circuit Court, Indian River County, orida)
BOOK t9 f -,,UE �aJ�
The Board reviewed the following memo dated 1/18/85:
58
L- - J
TO: The Honorable Members of thEDATE: January 18, 1985 FILE:
Board of County Commissioners
THRU: Terrance G. Pinto
Utility Services Dir for ESTABLISHMENT OF FRANCHISE
SUBJECT: RIVERWALK UTILITIES, INC.
FROM: Joyce S. HamiAn
Franchise Admin
Utility Services
DESCRIPTION AND CONDITIONS:
REFERENCES: 1) Resolution
Riverwalk Utilities, Inc., has applied for a water and waste-
water franchise to serve the Riverwalk Shopping Center. This
is a commercial development occupying approximately 12.5 acres
located on the corner west of U. S. #1 and south of Roseland
Road in north Indian River County (location map is Exhibit "A"
to resolution).
The wastewater treatment facility is designed to treat 20,000
gallons average daily flow. Adjacent to the treatment facility
will be a two -cell rapid rate percolation pond for the dis-
posal of effluent from the system. The potable water treat-
ment facility is designed to treat 20,000 gallons per day.
ALTERNATIVES AND ANALYSES:
Applicant has met all requirements of our application including
fire flow requirements required by the Indian River County Fire
Department and liability insurance (Exhibit "B" to resolution).
RECOMMENDATION:
Staff recommends approval of the attached resolution (Exhibit 11111)
granting Riverwalk Utilities, Inc., a water and wastewater franchise.
Franchise Administrator Joyce Hamilton presented staff's
recommendation for issuing Riverwalk Utilities, Inc. a water and
wastewater franchise to service the Riverwalk Shopping Center in
Sebastian.
Commissioner Scurlock asked if the rate structure would be
set later, and Mrs. Hamilton explained that this would be
in-house service only and if a rate structure is set, it would be
at a later public hearing. She explained that a franchise is
needed here because the buildings are not all under one roof, and
further advised that the South County Fire District has reviewed
this in re fire flow requirements.
59
FEB 6 1985 aooa FAGE 899
_I
FEB 6 1985 � BOOK 9 PA'UF 810
Chairman Lyons felt that, in the future, these certification
services should be provided by the North County Fire District
because they have their own taxing base. Administrator Wright
noted that the North County Fire District does not have the
ability to certify so we would have to hire someone to do it and
then charge the developer for the certification.
Commissioner Bowman believed that the two rapid -rate
percolation ponds would be right on the sand ridge and was
concerned that it would get right down to the shallow aquifer
there.
Mrs. Hamilton reported that the County's Environmental
Engineering Specialist, Ron Brooks, has conceptually approved
these plans.
Administrator Wright advised that this is highly treated
sewer effluent and it is being percolated through sand filters
back into the aquifer.
Jerry Volkmann of Dyer -Riddle, the engineering firm for
Riverwalk, informed the Board that their engineering report which
contains a geo-technical report, has been fully approved by the
Dept. of Environmental Resources as to the percolation rates and
the filtration methods.
Commissioner Bowman pointed out that there are a lot of
people in that area who are on shallow wells, and Mr. Volkmann
assured her that this has been investigated. They had to
identify all well users within a one -mile radius, and this was
included in the report which has been approved.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
W
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously
adopted Resolution 85-17 issuing a water and
wastewater franchise to Riverwalk Utilities,
Inc.
(RESOLUT.ION 85-17 SET OUT IN FULL AS FOLLOWS)
L_ FEB' 6 1985 61
BOOK
I
u
BOOK
RESOLUTION NO. 8 5 -17
If, rF. 812
BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida;
SECTION I
This Resolution shall be ]mown and may be cited as the RIVERMLK
UTMITIES, INC., WATER AMID WASTEn = SYSTEM FRANCHISE.
SECTION II
I-mmia ooUa Irams
For the purpose of this Resolution, the following terms, phrases,
wards and their derivations shall have the meaning given herein. When
not inconsistent with the context, words using the present tense include
the future, words in the plural number include the singular and vice
versa. The word "shall" is always mandatory.
(a) "County" is Indian River County Utility Services Department, a
political subdivision of the State of Florida.
(b) "County Engineer" may be "County Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to
wit: RIVERwALK u n•i'r'r'F'G, INC..
(d) "Board" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs,
systems, facility or other property, real or personal, used or useful or
having the present capacity for future use in connection with the
collection, obtaining, treatment, supplying and distribution of water to
the public for human consumption, fire protection, irrigation,
consumption by residential, business or industry, operation of sewage
disposal plants and, without limiting the generality of the foregoing,
1
shall embrace all necessary appurtenances and equipment and shall
include all property, rights, easements, licenses and franchises
relating to any such system and deemed necessary or convenient for the
operation thereof.
(h) "Wastewater System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for
the future use in connection with the collection, treatment,
purification or disposal of wastewater effluent and residue for the
public and without limiting the generality of the foregoing definition
shall embrace treatment plants, pumping stations, intercepting sewers,
pressure lines, mains, laterals and all necessary appurtenances and
equipment and shall include all property rights, easements, and
franchises relating to any such system and deemed necessary or
convenient for the operation thereof.
(i) "Service" means supplying to a user the distribution of water
and/or wastewater and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or wastewater system in order to
utilize the Utility's services.
CFY`TTM TTT
1. There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water and/or wastewater within the
territory, and, for these purposes to establish the necessary facilities
and equipment and to lay and maintain the necessary lines, pipes, mains
and other appurtenances necessary therefore in, along, under and across
the public alleys, streets, roads, highway and other public places of
the County; provided, however, that the County reserves the right to
permit the use of such public places for and all other lawful purposes
and subject always to the paramount right of the public in and to such
public places for a period of ninety-nine (99) years.
2. The Utility shall, at all times during the life of this
franchise, be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the County
shall hereafter by resolution provide, provided however, such
regulations shall not be inconsistent with the terms hereof.
2 BOOK F! IPF
i 813
FEB 6 1985
985
3. The Utility shall supply the County with copies of its
Department of Environmental Regulation monthly operating reports and
trouble reports, if any.
4. The right is hereby reserved to the County to adopt, in
addition to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations and increase fees and
_ charges as it shall find -.necessary in the exercise of the police power
and lawful authority vested in said County, provided that such
regulations shall be reasonable and not conflict with the rights herein
granted and not in conflict with the laws of the State of Florida. The
County shall have the right, but not the duty, to inspect all
construction or installation work performed.
5. Franchisee understands that the County is now.considering the
extension of the.County -water and/or�wastewater_system to this franchise
area. Should the County extend the county system, this shall be
considered a temporary water and/or wastewater franchise and upon the
demand of the County, franchisee shall discontinue its water and/or
wastewater operation and immediately connect to the County system and
shall pay to the County all the sums due under the County's standard
schedule of rates -and fees. - =
SECTION IV
TERRITORY/FRANCHISE AREA
The territory in which this franchise shall be applicable is all
that part_of Indian -River County, Florida, located within the following
described boundary lines, to wit:_ ---
See Exhibit "A" attached hereto and incorporated herein.
-- -- - =._ SECTION V
HOLD HARMLESS CLAUSE -
It is expressly understood and agreed by and between the Utility
and the. County that the Utility shall save the County and members of the
Board harmless from any loss sustained by the County on account of any
suit, -judgment, -execution, claim or demand whatsoever resulting from
negligence, or intentional wanton, willful and reckless acts on the part
of the Utility in the construction, operation or maintenance of the
water and/or wastewater system under the terms of this franchise. The
parties agree that in the construction of this section, the claim of any
Person resulting frau negligence on the part of the Utility may be
prosecuted directly by such person against the Utility. The County
shall notify the Utility promptly after presentation of any claim or
demand.
ODIL4 • • •k' I' M
L114�1ufoUNWAA
3
1. The Utility shall maintain and operate its water/wastewater
plant and system, and, render efficient service in accordance with the
rules and regulations as are or may be set forth by the Department of
Environmental Regulation and the Board from time to time, which shall
include but not be limited to "Construction Specification for Water
Treatment/Distribution and Sewage Treatment/Collection Facilities"
promulgated by Indian River County Utilities Department, July 1980, or
as amended. The County shall require the Utility to comply with the
above standards. Prior to the issuance of a construction permit, the
Utility's project engineers shall certify to the County that the design
standards as set forth in said "Construction Specifications" of Indian
River Utilities Department, July, 1980, or as amended, will be met by
completion of the project as shown on the plans submitted. The Utility
shall cause said certification to be submitted to the county along with
the Florida Department of Environmental Regulation applications and
plans, for County review. Submission to the County for review may occur
simultaneously with submission of said documents to the Florida
Department of Environmental Regulation. Upon approval by the county of
the plant and system, a permit shall be issued to the Utility for the
construction thereof.
2. Upon the completion of all construction of the water and
wastewater treatment plants and distribution and collection systems, the
project engineer for the Utility shall certify, under seal, that the
system has been constructed substantially in accordance with the plans
and specifications previously approved and that the systems meet all of
the standards required by the County. The certification shall include
submission to the county of two sets of "as-built"(as defined by the
County) drawings, consisting of one set in reproducible vellums and one
set of regular blueline prints; and that the systems meet all of the
standards required by the County, including pressure and leakage tests,
chlorination and bacteriological tests, infiltration and exfiltration
tests. Upon receipt of certification from the engineer, the County will
ter.
issue a letter approving the construction of the water and wastewater
systems. No service is to be provided to customers until such time as
the County issues a letter of acknowledgment. The issuance of said
letter shall not be unreasonable withheld. The Utility shall grant
necessary easements to the County without charge to connect the water
and/or wastewater system to the County Master Water and/or Wastewater
System together with such easements as are necessaty to provide access
to the water and/or wastewater system, where and if the County makes
water and/or wastewater service available to the project. The Utility
shall pay a one thousand dollar ($1,000) franchise application fee at
the time of the submission of the franchise application, and agrees to
pay all other fees which may be applicable during the operation of the
system.
4
�o�� PA'F815
FEB 6 1985 BOOK rA1F��
SECTION VII,
CERTIFICATION OF OPERATIONS AMID MAIZTB24NCE
1. All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications approved by the Department
of Environmental Regulation of the State of Florida and Indian River
County Utilities Department. The manner of treatment and distribution
of water and the manner of collection and disposal of wastewater shall
at all time be and remain not inferior to the quality standards for
public water distribution and public sewage collection and other rules,
regulations and standards now or hereafter adoptedaby the Department of
Environmental Regulation of the State of Florida, or other governmental
body having jurisdiction, including Indian River County.
2. The Utility shall supply the County with an annual report of
operations and maintenance, certified by the -Utility Engineer who must be
registered in the State of Florida.
SECTION VIII
LfPILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES
1. The Utility shall have the authority to promulgate such rules,
,regulations, terms and conditions covering the conduct of its business
as shall be reasonable necessary to enable the Utility to exercise its
rights and perform its obligations under this franchise and to issue an
,uninterrupted service to each and all of its consumers; provided,
however, that such rules, regulations, terms and conditions shall not be
--in conflict with the provisions hereof or with the laws -of the State of
;.:Flori(3a: and all of the .same...shall- be subject to -the approval of the
Board.
2. At all times herein where discretionary power is left with the
Board of County Commissioners, the Utility, before discretionary action
is_taken by the Board of County Commissioners, can request said Board
that a group of arbitrators be appointed and such group shall consist
of
- a) County Utilities Director -
b) Utility Engineer
c) one person selected by the above two persons
and this Board of Arbitrators shall make recotmiendations to the Board of
County Commissioners, but such recommendations are not mandatory. Any
arbitration shall be in accordance with the Florida Arbitration Code.
3. Any final decision the arbitrators or Board may have with
respect to this franchise can be appealed to the Circuit Court of Indian
River County by either party.
DEDICATED EASEMENTS
SECTION IX
5
M -
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
water and/or wastewater system shall be so located in the dedicated
easements in the County after approval by the County Engineer so as not
to obstruct or interfere with other uses made of such public places
already installed. The Utility shall, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of county -awned pavement, sidewalk, driveway or other
surfacing, the Utility shall, at its own cost and expense and in a
manner approved by the County Engineer, replace and restore all such
surface so disturbed in as good condition as before said work was
commenced and shall maintain the restoration in an approved condition
for a period of one (1) year. In the event that any time the County
shall lawfully elect to alter or change the grade or to relocate or
widen or otherwise change any such County -owned right-of-way, the ..-
Utility shall, upon reasonable notice by the County, remove, relay, and
relocate its fixtures at the Utility's expense. The Utility shall not
locate any of its facilities nor do any construction which would create
any obstructions or conditions which are or may become dangerous to the
traveling public. In the event any such public place under or upon
which the Utility shall have located its facilities shall be closed,
abandoned, vacated or discontinued, the Board may terminate such
easement or license of the Utility thereto; provided, however, in the
event of this termination of easement, the party requesting such
termination shall pay to the Utility in advance, its cost of removal and
relocation of the removed facilities in order to continue its service as
theretofore existing, or the County shall retain an easement not less
than fifteen (15) feet in width for the benefit of the Utility and its
facilities.
SECTION X
SERVICE MUJIRENE US
The Utility shall provide service within the franchise territory on
a non-discriminatory basis as if it were regulated under Florida Statute -
Chapter 367 (1980), except to the extent that said provisions are in
conflict with the provisions of the franchise.
SECTION XI
AVAILABILITY OF SERVICE
1. Subject to the provisions of Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons -
< within the franchise territory making demand therefor, its public water
and/or wastewater system, and shall provide such demanding person with
its services and facilities; provided, however, that the Board may, upon
application of the Utility extend time for providing such service to
6
FEB 6 1985 BOOK
BOOK 5 9 P�.rF 818
such demanding person. In the event the Utility fails to provide its
services and facilities as an water and/or wastewater system to any area
within the franchise territory -within the time specified by the Board,
then in such an event, the County may, by resolution of the Board,
limit, restrict and confine the territory to that area then being
serviced by the water and/or wastewater system by the Utility or such
greater area as the Board shall determine; and thereafter, the territory
shall be only the area set forth, in the resolution adopted by the
Board.
- 2. The Utility shall not be required to furnish, supply, install
and make available its public water and/or wastewater system to any
person within the franchise area unless the same may be done at such a
cost to the Utility as shall make the addition proposed financially
feasible.:.:Financially feasible shall mean_that.a fair and reasonable
rate of return shall be realized by the Utility for all its services
under this franchise; that such rate of return on its rate base -under
efficient and economical management. The burden of showing that
prospective service to the area is not financially feasible shall be the
burden of the Utility.
SECTION XII
TRANSFER OF OWNERSHIP -
1.--- The Utility or its shareholders shall not sell or transfer its
plants or systems or stock to. another nor transfer any rights under this
franchise to another without the approval of the Board. No such sale or
transfer -after -such approval shall be effective until -the vendee, --.
assignee or lessee has filed with the Board an instrument in writing
reciting the fact of such transfer and accepting the terms of this
franchise and agreeing to perform all of the conditions thereof. In any
event, this franchise shall not be transferable and assignable until
notice or request for transfer and assignment shall be given by the
Utility to the Board in writing acccopanied by a request frau the
proposed transferee, which application shall contain information
concerning the financial status and other qualifications of the proposed
transferee and such other information as the Board shall require. -
_2. A public hearing may be held on such request, of which notice
shall be given by publication in a newspaper regularly published in the
County at least one time not more than one month or less than one week
Preceding such hearing. Certified proof of publication of such notice
shall be filed with the Board.
3. The Board shall act within ninety (90) days upon such
request. The consent by the Board to any assignment of this franchise
shall not be unreasonably withheld. Any sale or transfer by the Utility
or partners of the Utility taking place contrary to the terms and
conditions of this paragraph shall be considered by the Board to be a
7
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default by the Utility under this franchise agreement and subject this
franchise to termination.
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or uastewater
service unless adequate capacity is available at the time any new
connection is made.
SECTION XIV
NOTICE OF ADJUSTMENT OF RATES
Upon the initial connection of any customer to the water/wastewater
system or upon the reconnection of any new customer to the
water/wastewater system, the Utility shall furnish, by mail, a notice
setting forth the rate schedule then in effect and further containing
the following statement:
"The water/wastewater rates set forth herein
have been authorized pursuant to Indian River County
Water/Wastewater Franchise Resolution No. as
amended. Said water/wastewater rates are subject to
adjustment pursuant to said Resolution upon proper showing by
the Utility. Said rates are also subject to adjustment in
the event the water/wastewater franchise is terminated
and Indian River County cammences to furnish
water/wastewater service to your property."
SECTION XV
« IDi
1. The rates charged by the Utility for its service hereunder
shall at all times be compensatory and shall be fair and reasonable and
designed to meet all necessary costs of the service, including a fair
rate of return on the Utility's investment under efficient and
economical management. The Utility agrees that the County has the
authority to enter into this Franchise Agreement and the regulation of -
said Utility. Utility agrees that it shall be subject to all authority
now or hereafter possessed by the County or any other regulatory body
having competent jurisdiction to fix just, reasonable and campP_nsatory
rates. When this franchise takes effect, the Utility shall have
authority to charge and collect, but not to exceed, the schedule of
rates set at a public hearing for that purpose which shall remain
effective until changed or modified as herein provided. In setting said
rates, the County shall be guided by the standards set forth in Florida
Statute 367.081 relating to the establishment of rates and charges. In
any event, the Utility shall always be responsible for justifying its
proposed rates and charges by the submission of accounting and
8
BOOK ..9 PAGE 819
FFB 6 1935 BOOK 1 Fj-� 8'
engineering data to the County Utilities Director. Rates and charges
may be amended, upon proper justification by the Utility. Other
provisions of this Ordinance deal with the mechanisms of the setting of
rates and charges.
2. The Utility shall at any time, when requested by a consumer,
make a test of the accuracy of any meter; prior, however, to any test
being made by the Utility,.the sum of fifteen dollars ($15.00) shall be
deposited with the Utility by the party requesting such test. Such sum.
shall be returned if the test shows the meter to be inaccurate in its
delivery. If the meter is inaccurate, the meter will be repaired or
changed, and should the meter reading calibrate too high, a billing
adjustment will be made for no more than the past six month's actual
readings. Whenever it is necessary to shut off or interrupt service for
the purpose of nuking repairs or installations, -the Utility shall do so
at such times as will cause the least amount of inconvenience to its
consumers and, unless such repairs are unforeseen and immediately
necessary, it shall give not less than five (5) days' notice thereof to
its consumers for non -emergencies.
3. (a) The approved rates of any utility which receives all or
any portion of its utility service from a governmental agency or from a
water or sewer utility regulated by the Board and which redistributes
that service to its utility customers shall be automatically increased
or decreased without hearing upon verified notice to the Board 30 days
prior to its implementation of the increase or decrease that the rates
charged by the governmental agency or other utility has changed. The
approved rates of any utility which is subject-to.an increase or
decrease in the rates that it is charged for electric power or the
amount of ad valorem taxes assessed against its property shall be
increased and decreased by the utility, without action by the Board,
upon verified notice -to, the Board 30 days prior to its implementation of
the increase or decrease that the rates charged by the supplier of the
electric power or the taxes imposed by the governmental body have
changed. The new rates authorized shall reflect the amount.of the
change of the ad valorem taxes or rates imposed upon the utility by the
governmental agency, other utility or supplier of electric power.
Provisions of the subsection shall not prevent a utility frau seeking
changes in rates pursuant to the provisions of subsection.
(b) Before implementing a change in rates under this
subsection, the utility shall file an affirmation under oath as to the
accuracy of the figures and calculations upon which the change in rates
is based, and that the change will not cause the utility to exceed the
range of its last authorized rate of return.
(c) If, within 24 months of an adjustment in the rates as
authorized by this subsection, the Board shall find that a utility did
thereby exceed the range of its last authorized rate of return, it may
order the utility to refund the difference to the rate payers. This
_ M
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provision shall not be construed to require a bond or corporate
undertaking not otherwise required.
(d) Notwithstanding anything herein to the contrary, no
utility may adjust its rates under this subsection more than two times
in any 12 month period.
CONNECTION CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing held in
conjunction with public hearing held for setting the rates.
FRANCHISE FEE
1. The Utility hereby agrees to pay to the County a franchise fee
in the amount of six percent (6%) of the Utility's annual gross receipts
or operating costs (which includes the rate of return) in the event
Utility does not have a rate schedule (or the sum of five hundred
dollars ($500), whichever is greater), derived from monthly service
charges to defray the cost of regulation and for use of County
rights-of-way and public places. The Utility shall pay the 6% franchise
fee quarterly. Said fee shall be shown as a separate additional charge
on utility bills.
2. The Utility shall supply the County with a copy of the
Utility's annual report and financial statements. All records and all
accounting of Utility shall be in accordance with the Uniform System of
Accounts of the National Association of Regulatory Utilities
Commissioners and general accepted accounting principles. Within ninety
(90) days after close of fiscal year, the Utility shall submit financial
statements prepared by a CPA and in accordance with general accepting
accounting standards and NARUC. Upon demand by the Board the Utility
will submit audited financial statements certified by a CPA. Also, a
letter from a CPA certifying that the six percent (6%) franchise fee and
the two and one-half percent (23�%) renewal and replacement account has
been collected and disbursed in accordance with the terms of this
Agreement.
QWvPTON7 xvr
Escrow Charges
1. The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each unit in effect at
the time of the issuance of a certificate of occupancy, as a
contribution in aid of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
provided for in Ordinance 84-18 as amended by Ordinance 85-3. Utility
further agrees to pay a sum per ERC for water and wastewater plant
capacity charge, as each unit is completed as the future plant capacity
charges as provided for in Ordinance 84-18 or according to the
Ordinances in effect at the time of the issuance of a certificate of
occupancy.
10
FE 6 1985 BOOK J0 Fa 8`�
Fr B A 1985 -BOOK 5 P',,E CCS ?2
2. The County will deposit all escrow charges paid for any and
all connections in this franchise into an interest bearing account.
Maximum interest paid shall be equal to passbook rates. The fees
referenced in this section are subject to the escalation provisions of
Section XIV contained herein, using the County factor established in
Ordinance 84-18 or the Ordinances in effect at the time of the issuance
- of a issuance of a certificate of occupancy. The fees referenced in
this Section shall always be reasonable.
3. Throughout the term of this franchise, the Utility shall be
entitled to any and all interest which shall be paid annually on or
before September 30th of each year to the Utility. The Utility shall be
entitled to an accounting of said interest bearing account annually upon
request made by it to the County.
.4..-6 Should the County --at any time provide.a water distribution
system and/or wastewater collection system and furnish water and/or
wastewater services to individual customers within the franchise -
territory, the sums of money remaining in said account consisting of
plant capacity charges and contributions in aid of construction charges
shall become the absolute property of the County and the Utility shall
have no rights thereto. In such event, the Utility shall be absolved
from the obligation of payment of further connection charges to the
County and this franchise shall terminate.
a) The County shall have the right to purchase the
Utility's water and/or wastewater plant at Utility's original
construction cost, land cost, plus costs associated with capital
additions and -expansions to the system less three and one-half percent
(3h%) depreciation per year. Depreciation on the system shall be
calculated to start at the time the County issues a letter acknowledging
the construction of the water and/or wastewater system as provided in
Section VI. Upon acquisition of the water and/or wastewater plant and
appurtenant real estate, the County would then own the entire water
and/or wastewater system and would terminate this franchise and provide
water and/or wastewater utility service to the franchise territory. All
accumulated escrow fees would vest in the County.
- b) In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the "
water distribution and/or wastewater collection system free of cost and
in good repair, wear and tear excepted. The Utility agrees to grant to
the County any easements necessary to connect the water and/or
wastewater system to the County's water/wastewater systems without
Charge. The Utility shall pay all escrowed impact fees upon acquisition
or upon connection to County's own plants.
c) If in the event the County determines that it will
not exercise its option under item #4(a) within seven (7) years,
escrowed contributions in aid of construction or impact fees shall
become part of the renewal and replacement fund and may be used as
- 11
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described within Section XVII, RENS L & REPIAC MDU ACCOUNT. If at any
time thereafter the County takes possession or makes use of the utility
systems, all contributions in aid of construction funds collected will
vest to the County and those funds which have been expended or an equal
amount would be deducted from any purchase price.
SECTION XVII
�; xU��h_ _ . �. . �I��il�i►Mli%��i li �l��l
Two and one half percent (2Z%) of the operating cost of the Utility
shall be placed in an interest bearing renewal and replacement account
for purposes of renewal and/or replacement of the capital assets of the
water and/or wastewater system of the Utility. Additionally, the
Utility shall initially fund said account with two thousand dollars
($2,000) which will also be reserved for capital maintenance items.
Interest shall accumulate in said account until the account reaches ten
thousand dollars ($10,000); thereafter interest shall be paid to the -
Utility annually. Said funds shall be used as a sinking fund and
applied only for renewal and/or replacement of the water and/or
wastewater system by the Utility as the need arises; the percentage
required to be placed in the renewal and replacement account may be
amended after review by the County as necessary to maintain a sufficient
account balance taking into account the general condition of the system.
The County is granted the right to make necessary repairs using said
funds in the event of default on the part of the Utility in maintaining
the quality standards established herein. In the event that the County
purchases the corporation's utility system pursuant to the provisions of
this franchise as stated above, then any funds in said renewal and
replacement account shall vest in the County.
SECTION XVIII
INSURANCE
1. The Utility shall at all times maintain public liability and
property damage insurance in such amounts as required by the Board and
set forth in, to wit:
Exhibit "B" attached hereto and incorporated herein.
2. The Utility shall cause the County to be duly notified by the
insurer in the event of any modifications or deletions of the insurance
as set forth in said Exhibit "B". Said amounts shall be adjusted by the
Utility, as shall be required from time to time by the Board in
accordance with good business practices as determined by safe business
standards as established by the Board for the protection of the County
and the general public and for any liability which may result from any
action of the Utility.
12
FEB 6 1985 BOOK 59
a, I
BOOK 59 I PGHE 8...�4
3. Said insurance shall co -name Indian River County as an
additional isured.
4. Certificate of insurance shall be filed with the County
annually.
SECTION XIX
CONSUMER COMPLAINTS
If any written complaint is filed with the Board by any persons
serviced by the Utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect to said
complaint. If the Board finds reasonable cause does exist, the Board
shall so notify the Utility and request the Utility to satisfy or remedy
such complaint. If the Utility fails, within a reasonable time, to
satisfy or remedy such complaint or objection, the Board may review same
- according tothe provisions hereof. If the Board enters its order
pursuant to such hearing and the Utility feels it is aggrieved by such
order, the Utility may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit Court of the County; otherwise
the Utility shall promptly comply with the order of the Board.
_ SECTION XX
(MANGE IN RATE SCHEDULE
1. Should the Utility desire to establish rates and charges or
should the Utility desire to increase any charges heretofore established
and approved by the Board, then the Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it
proposes. The Utility shall pay- any rate structure review fee as the
County may then have in effect and shall furnish the County with all
information requested by the County that is pertinent to the proposed
new rate schedule.
2. A public hearing shall then be held on such request, of which
notice shall be given by publication in a newspaper regularly published
in said County at least one tip not more than one month or less than
one week preceding such hearing. Certified proof of publication of such
notice shall be filed with the Board.
3.- Said hearing may thereafter be continued for a reasonable time
as determined by the Board. If the Board enters an order pursuant to
such hearing and the Utility feels aggrieved by such order, then Utility
may seek review of the Board's action by filing a petition for Writ of
Certiorari in the Circuit Court of the County. The Board shall act on
the rate request within ninety (90) days following the public hearing.
SECTION XXI
CONSTRUCTION PERMITS
1. Prior to the Utility placing any of its facilities in any of
the public places as herein authorized, the Utility shall make
application to and obtain any required permits from the County
13
d
authorizing said construction in the same manner as permits are
authorized in the County for the use of the public roads as shall now or
hereafter be established by regulations of the County. The County shall
have the right when special circumstances exist to determine the time
during which such construction shall be done.
2. Prior to the issuance of a construction permit, certification
from the Indian River County Fire Department must be obtained certifying
fire flaw requirements have been met.
SECTION XXII
DEFAULT OF FRANCHISE
1. If the Utility fails or refuses to pranptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default.
2. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists frau the date of said
hearing held by the Board; and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
of the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County.
SECTION XXIII
RIGHTS OF LAND(X NERS
Nothing in this franchise shall prevent landowners fran exercising
their vested rights or privileges as set forth and contained in any
license issued to any utility heretofore granted by the Board pursuant
to Section 125.42, Florida Statutes.
SECTION XXIV
CONTRACTCIAL AGREF�
It is specifically agreed by and between the parties hereto that
this franchise shall be considered a franchise agreement between the
Utility and the County and as such a contractural instrument recognized
under the Statutes and Laws of the State of Florida. This franchise
14
. Book 59 Fra 825
`FEE 6 1985
FSB .,6 1985 e
600K S✓ Pg�
6
agreement is not intended to create rights or actions running in favor
of third parties, except as herein specifically provided.
SECTION XXV
NON-PERFORMANCE
Provisions herein to the contrary notwithstanding, the Utility
shall not be liable for the non-performance or. delay in performance of
any of its obligations undertaken pursuant to the terms of this
franchise where said failure or delay is due to causes beyond the
Utility's control, including, without limitation, causes such as "Acts
of God", unavoidable casualties, labor disputes, etc.
SECTION XXVII
EXECUTION OF FRANCHISE
If any word, sections, clause or part of this resolution is held
invalid, such portion shall be dem-ed a separate and independent part
and the same shall not invalidate the remainder.
IN WITNESS WHMMF, The Board of County Commissioners of Indian
River County, Florida has caused this franchise to be executed in the
name of the County of Indian River by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County
Ccarmissioners adopted on the 6th day of February , 1985.
Signed, sealed and delivered
in the presence of:
Board of County
RIVE QAIK UTILITIES, INC., --does hereby accept the foregoing
franchise, and for their successors and assigns does hereby covenant and
agree to comply with and abide by all of the terns, conditions and
Provisions therein set forth and contained.
at Vero Beach, Indian River County, Florida, this day
of C�rfffM ¢W-1985.
RIVERVUZ UTILITIES, INC.
15
Y' h
By
W. MICHART, MURPHY,
sT= oF i4atmk•
I HEFMY CEIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appearedW.. maiAEL H) Mand he acknowledged before me that he
executed the foregoing instrument for the uses and purposes therein
expressed.
WITNESS my hand and official seal in the State and County aforesaid
this / day of �Prn , 1985.
No Public State of �
My Carinission expires:
Notary puouc, Georgia, State at large
My Commission Wires March 15, 1917
16
FEB, 6 1985
gooK 59 enC4--- $21
Imo`
gp� S� REED00,
5 %1 v V .....,`..
W.T.P. SITE
(D
"RIVERWALK'` W.W.T. P SITE
BOOK P�
EXHIBIT 'A"
DYER_ RIDDLE_ MI
M
R CERTIFICATE OF INSURANCE EXHIBIT "B"
ausau Insurance Com anile
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein.
Name and address of Insured
Watkins Associated
1958 Monroe Drive
P.O. Box 1738
Atlanta, GA 30371
a
Industries, Inc. I Producer No.: 2314
Place: Atlanta
Date Issued: 1-10-85
Region: SE
tttttt�
Kind of Coverage
CO-*
Expiration Dote
Policy Number
** Unless otherwise indicated, this policy affords full coverage under the Workers
Compensation laws of all states (except states where coverage can be provided only by
Workers
State Funds, and Canada) and as designated in the policy and endorsements for Part Two
Compensation**
— Employers Liability.
Limits of Liability
Comprehensive
General Liability 1-1-86 26 18 O55935
Bodily Injury ry Property Damage
Special Multi -Peril or
$ Each Occurrence $ Each Occurrence
Trademark (Section II only)
Products - Completed Operations: 1�1 Included ❑ Excluded
$ Aggregate $ I Aggregate
Single Limit $ 500 OOO
Contractual - All Written Contracts: n Included ❑ Not Covered
t Each Occurrence
$ 500:1000
Aggregate
Owners', Landlords'
$ Each Occurrence $ Each Occurrence
and Tenants' Liability
Contractual Liability —
$ Aggregate
Designated Contracts$
Each Occurrence $ Each Occurrence
Only
$ Aggregate
Single Limit $ Each Occurrence
$ Aggregate
Automobile Liability .-L2 1-1-86 426 19 055935
$ Per Person
All Owned Autos] Hired and Nonowned Autos
$ Per Accident $
❑ Specified Autos Only
Per Accident
Single Limit SOO, OO
$ Per Accident
Umbrella
$ l j OOO, OOO Each Occurrence _
Liability
3
1-1-86
1436 02 055935
$ Aggregate Products - Completed Operations
$ Retention
Seatiel I'Mulcinne A..
61....e
ie --- :St_J w...__.
Riverwalk Utility Inc. is an additional named insured
Indian River Utility is an additional named insured
Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or rftw pertait th9 iuyt(ryn afford-
ed by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the. to nos)-tbeieof_ _
*The entry of a number in this column means that the coverage is afforded by the company designated by the some number. -- —
Issued to:' Indian River Utility *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
• 1840 25th Street 3. WAUSAU UNDERWRITERS INSURANCE COMPANY
Vero Beach, Fl 32960 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY
ATT: Joyce Hamilton 7. ILLINOIS EMPLO RS INSURANCE OF WAUSAU
- t. WAUSAU LLOYDS
LQ•�j,t/
•Signed
FEB 6 1995 Authorized Conpffepresento�"
LL (S)15-5736 BOCK J J
DISCUSSION RE HOUSING FINANCE AUTHORITY
500K 59 PA- E 830
Attorney Brandenburg explained that the County received some
correspondence last week from some underwriters suggesting that
the County enter into an interlocal agreement with the Polk
County Housing Authority to pool our allocation for subsidizing
mortgage bonds for first time, single family home mortgages. The
timing of that request was such that we could not prepare it and
get it on the Agenda for the execution of the interlocal
agreement by February 1, 1985, which was the deadline for that
procedure. However, some research was done and it was found that
our own Authority had.validated $25 -million of similar type bonds
and there is approximately $20 -million in unissued bonds. He,
therefore, suggested that the County apply for their own
allocation of these bonds and later consider entering into an
agreement with Polk County for sharing the issuance expense. He
explained that these are the type of bonds that the County issues
on behalf of lenders to obtain a better interest rate for first
time home buyers in a single family market. In order to
accomplish this, we need to revitalize our Housing Finance
Authority, whose functions were combined with the Finance
Advisory Committee sometime ago. The Housing Finance Authority
is still in effect because it was never abolished by ordinance,
and, therefore, in order to formally apply for these bonds,
Attorney Brandenburg recommended that the Housing Finance
Authority be revitalized by the appointment of the following
members of the Finance Advisory Committee:
Ed Lovell 3 yr. term
Bill Lewis 4 yr. term
Don C. Scurlock, Jr. 2 yr. term
Joe Minotty 1 yr. term
Harold Putnam, Esq. 1 yr. term
Attorney Brandenburg advised that the Board could now decide
to formally apply for the bonds.
63
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously (4-0)
adopted Resolution 85-18, appointing the above
individuals to the Housing Finance Authority
in order to apply for the bonds to make this
type of money available to qualifying first time,
single family home buyers in Indian River County.
n
64
FE B 6 1985 BOOK 59 PAGE 831
FEB 6 1985
BOOK 59 Fr c C`9
RESOLUTION NO. 85-18
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPOINTING MEMBERS TO THE
HOUSING FINANCE AUTHORITY OF INDIAN
RIVER COUNTY IN COMPLIANCE WITH FLORIDA
STATUTES §159.605.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that the following persons are hereby appointed to serve on the
Housing Finance Authority of Indian River County, Florida, for the
terms set forth below:
1.
Ed Lovell
3
years
- 2.
Bill Lewis
4
years
3.
Don C. Scurlock, Jr.
2
years
4.
Joe Minotty
1
year
5.
Harold Putnam, Esq.
1
year
BE IT FURTHER RESOLVED that, for the purposes of
satisfying Chapter 159.605, Florida Statutes, this resolution shall
serve as the Certificate of Appointment to the Housing Finance
Authority of Indian River County, Florida, and shall be filed with
the Clerk of the Circuit Court of said County.
The foregoing resolution was offered by Commissioner Bird
who moved its adoption. The motion was seconded by Commissioner
Scurlock and, being put to a vote, the vote was as follows:
Chairman Patrick B. Lyons Aye
Vice Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Absent
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 6th day of February, 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By•i,.Q.
Don C. Scu lock, Jr.
Vice Chairman
Attest: ,
Qa "-da Wright-, erk w
APPROVED AS TO FORM AND L GAL
SUFFICIEN,C-f—)
By
nary m* nranaenmig,
C,bunty Attorneyr-
FAIRGROUNDS COMMITTEE
Commissioner Bird reported that last year's total attendance
at the Firefighters Fair was 68,000 and this year's fair which
was held at the new County Fairgrounds in Kiwanis-Hobart Park
brought in 90,000 people, which is comforting because there had
been some concern in moving the fair from the airport. He felt
there was great coordination and cooperation in all County
departments involved in keeping things running smoothly. He also
felt there was a potential of having additional activities being
held there during the rest of the year. In order to do that,
Commissioner Bird recommended that an advisory committee be
established to research other fairgrounds in the state to see if
this can be a self-supporting facility that might also pay for
other capital improvements. The advisory committee would promote
additional activities, screen them, establish a charge for the
activities, and bring them back to the Board.
Commissioner Bird felt he would like to keep the membership
of the Advisory Committee at five to start out with and would
like to see representatives appointed from the agricultural
community and the 4-H Club. He reported that the American Red
Cross has asked permission to hold their circus at the
Fairgrounds in 1985 and that could be handled through the Parks &
Recreation Department until this committee can be established.
He felt we should make sure that the Fairgrounds is used to its
best potential.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, that the Board establish an
Advisory Committee with one member being appointed by
each Commissioner (5) with expansion of the committee
at a later date.
Chairman Lyons and Commissioner Bowman felt that the
Committee should have four additional members.
�oo�
FEB 6 1985 Four. �0�3
FEB 6 1985 BOOK 5 9 F,. 83
Attorney Brandenburg understood then that this committee
will be an advisory board on the Fairgrounds for the rest of the
year; he noted that there is an existing County Fair Committee.
Firefighter Bill Tripp reported that everything has been
cleaned up out there since the Fair and expressed the
Firefighters' appreciation for the County's cooperation. He
believed that more parking space would be needed in the near
future.
Commissioner Bowman felt that it would be a mistake to let
the circus come in free, and Administrator Wright suggested that
matter be the first addressed by the new committee and that in
the meantime staff would advise the circus that there will be a
fee.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously, 4-0.
FIREARMS RANGE COMMITTEE
The Board reviewed the following resume:
EUGENE duPONT III
533 Indian Harbor Road
John's Island
Vero Beach, Florida 32963
231-2720
FIREARMS RANGE COMMITTEE
Member, Campfire Club (Big game hunters and sportsmen)
Member of various skeet clubs in Illinois, Michigan, Delaware, South
Carolina, Virginia, New York
Has hunted most of his life.
Hunted big game over most of the world..
Commissioner Bird recommended the appointment of Eugene
duPont III to the Firearms Range Committee.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Scurlock, the Board unanimously (4-0)
appointed Eugene duPont II to the Firearms Range
Committee
67
DISCUSSION RE CLOSING OF FELLSMERE GRADE AT 5-96 STRUCTURE Gj'LWO �J
d�
The Board reviewed the following letter dated 1/30/85:C--�*
Board of County
1840 25th St.
Vero Beach, Fla.
SPORTS.MANYS CLUB
FELLS MERE COMMUNITY CENTER
56 North Broadway
Fellamere, Florida 32948
January 30, 1985
Commissioners
32960
Re: The closing of Fellsmere 3 rade at 5-96 Structure
Att: Pat Lyons
Dear Sir:
We are writing this letter to our County Commissioners asking that
they request a public hearing by the St. Johns dater Management District
reguarding above item.
On January 17, 1985 I attended a meeting on this subject in'delbourne
at the city hall, as we did not find out about this meeting until Jan.
16, we did not have time to notify the people of Indian River Co. I
requested a public hearing for our County at that meeting, but have
heard no further word. There were 6 people from our county to represent
this item on the agenda.
As there is approximately 39,000 acres.in Indian River County of
State owned land in the St. Johns Water l anagement District we feel it's
very important that our County sovernment have imput and knowledge of
the purposed plans for these lands as the decisions being made in Palatka
will have on-going effects on the people of this county.
If you want to put this on the agenda for February 6, I would be
happy to come befire the Commissioners with this request. It is important
we have a decission on this as the St. Johns Water Management Dist. will
be holding their meeting to vote on this issue on February 13, 1985 at
Indian Harbor Beach City Hall.
Sd vl
M
Sincerly, 1
;k �/ V
Susan Wilson
Sec. & Treas.
FEB1995 BOOK 59 �,Mlj .835
'6.-
I
,I
FEB 6 1995 BOOK 5 9 FNG 8�)
Susan Wilson, Secretary & Treasurer of the Upper Sportsman's
Association, reported that at the January meeting of the St.
Johns Water Management District, only six people from Indian
River County were in attendance. She reported that the District
is going to decide at their meeting of February 13th whether to
open up a cut in the Fellsmere Grade to connect the old and new
C-54 canals for water retention. She pointed out that the Water
Management District's reason for wanting to close the road is
because of the vandalism that has occurred out there. Mrs.
Wilson did not feel that the majority of the people should be
punished for what a few do, and she wished to see the County
Commission become more involved in this because she felt that the
final impact on the County is going to be phenomenal. The Water
District has an option to buy 49,000 acres in this County, and
the cutting of -the Fellsmere Grade is part of a
multimillion -dollar restoration plan by the District to return
thousands of acres of land back to marsh areas, which would make
Indian River County a holding pond for the entire St. Johns
River. She pointed out that the 2000 acres is the only open
piece of property available to hunt on in Indian River County,
and the Water District has a 1 -year option to purchase the tract.
Mrs. Wilson confirmed, however, that the retention area would
stop the infiltration into Blue Cypress Lake.
Mrs. Wilson was concerned also about the impact this would
have on the stickwood marsh which is a breeding ground for
wildlife. In addition, she reported that they are going to come
in there and put in restroom and picnic facilities. She felt
that we should not have to make deals with these property owners
and that a public hearing should be requested by the County
Commission.
69
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, that the Board authorize the
Chairman to write a letter to the St. Johns Water
Management District requesting a Public Hearing on
the matters discussed by Mrs. Wilson.
Commissioner Bird believed this situation was of such a
magnitude that we should know exactly what is going on out there.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0).
rPISCUSSION RE SAFETY HAZARD IN AREA OF 29TH COURT to 13TH AVENUE
NORTH OF GIFFORD ROAD
The Board reviewed the following letter dated 1/29/85:
h k _fV
c'u
Indian River County
JAN 1985
Board of County Commissioners 12 V'rl-:111irUE"�e'E'�"
Administration Building �� AdrtirhWato'rs affics
1840 25th Street \>
Vero Beach, Florida]
Attention: Mr. Michael Wright
Dear Sir:
I am representing the citizens in the area of twenty-ninth court to
thirteenth avenue, North of North Gifford Road.
I would like for my name to be placed on the agenda of the next
board meeting.
The nature of my discussion is to seek a solution to getting rid of
the safety hazzard created by five trucking compaines and or their workers
in the above named area.
Respectfully yours,
Helen Gregory
4602 30th Avenue
Vero Beach, Florida
January 29, 1985
70
FEB 6 1985 BOOK FALA.813
FE B 1985 -BOOK 5-9 FHuE e
Helen Gregory, resident of 47th Avenue, expressed concern
because the street is being heavily traveled by the following
five trucking firms: Bud Jenkins, Rainbow Concrete, Trodglen
Paving Company, Dickerson Construction Company and Gus Morrow
Tandem Trucking Company. She continued that the partly paved
street is 16 feet wide from shoulder to shoulder. The residents
cannot sit outside because of the dust and the children cannot
play outside because of the dust., The residents feel it is a
serious safety hazard because of the excessive speed of the
trucks and these trucks start rolling at 6:00 A.M., run as late
as 9:30 P.M., run all day Saturday, and sometimes on Sunday.
Mrs. Brant, resident of 30th Avenue, explained that two
weeks ago she went to see Mr. Trodglen and spoke to him about how
fast the trucks were traveling on 45th Street during the time
children are boarding school buses. Mr. Trodglen assured her of
his concern and stated that he would talk to his drivers about
their speeding.
Lloyd Powell, 4606 30th Avenue, also objected to the
speeding and the dust. He confirmed that there are quite a
number of small children who play in the area and felt that the
County Commissioners should put some restrictions on the trucks
in that area. He further noted that Turners Child Center is on
the same block.
John Green, 4546 30th Avenue, also expressed concern re the
speed of the trucks.
Mrs. Gregory reported that an accident occurred there last
week when a truck veered into a yard where children usually are
at play.
Public Works Director Jim Davis informed the Board that just
last week they received notice that an owner is going to donate
some right-of-way for the paving of Lindsey Road, which will take
some of the traffic off of 30th Avenue. However, he has been
told that the truckers like to use the road because they like to
71
L
stop at the convenience store there. Director Davis advised that
the Board could restrict trucks from using the road.
Attorney Brandenburg suggested that we notify all the
trucking companies that the road will be closed to trucks.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the road to through traffic by trucks over
5 tons in weight and instructed staff to notify
the trucking firms and the Sheriff's Dept.
ONATION OF RIGHT-OF-WAY FOR LINDSEY ROAD
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board adopted Resolution 85-19,
accepting a large parcel of land necessary to create
the proper right-of-way for paving and drainage
improvements to Lindsey Road from co-owners, Carl D.
Klickman, Sam W. Klein and Belle M. Deitch.
72
FEB 6 1985
BOOK 59 F', F 8$9
1
FEB 6 1995 BOOK 5;9 F, 840
RESOLUTION NO. 85- 19
WHEREAS, Carl D. Klickman, Sam W. Klein and Belle M.
Deitch, are co-owners of a large tract of property adjoining
Lindsey Road, an unpaved road in Indian River County; and
WHEREAS, the Indian River County Board -of County
Commissioners intends to construct paving and drainage
improvements on Lindsey Road in order to relieve traffic
congestion along several east/west traffic arteries and to
otherwise serve the best interests of the citizens of Indian River
County; and
WHEREAS, Carl D. Klickman, Sam W. Klein and Belle M.
Deitch have agreed, subject to the conditions contained herein, to
donate to Indian River County a large parcel of land necessary to
create the proper right-of-way within which the necessary paving
and drainage improvements to Lindsey Road may be constructed; and
WHEREAS, the Board of County Commissioners of Indian
River County, on behalf of all the citizens of Indian River County
wishes to thank Carl D. Klickman, Sam W. Klein and Belle M. Deitch
for their donation to Indian River County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. Indian River County hereby accepts the donation and
dedication of land for the Lindsey Road right-of-way from Carl D.
Klickman, Sam W. Klein and Belle M. Deitch, said land being more
fully described in attachment "A" hereto; and
2. That the land herein described may be included in
the acreage calculations for
g a the purposes of density determination
when the parcel from which the land was dedicated is proposed for
development, pursuant to Indian River County Code of Laws and
Ordinances, Appendix A, Zoning, Section 25(t); and
3. That the County will not assess any of the costs of
the pavement and drainage improvements to Lindsey Road against
Carl D. Klickman, Sam W. Klein and Belle M. Deitch; and
4. That, if the construction of paving and drainage
improvements to Lindsey Road are not begun within three years from
the date hereinafter set forth, that ownership of the property
- -1-
described herein shall revert to Carl D. Klickman, Sam W. Klein
and Belle M. Deitch; and
5. That a sketch of the parcel herein described,
including a statement of the total acreage of that parcel is
attached hereto as attachment "B"; and
6. That a fence presently located on the parcel
described herein shall be relocated on the property of Carl D.
Klickman, Sam W. Klein and Belle M. Deitch at County expense; and
7. That the County agrees to begin construction of a
bridge within the Lindsey Road right-of-way and across Lateral H
Canal within two years from the date hereinafter set forth.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Bird and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Absent
The Chairman thereupon declared the resolution duly
passed and adopted this 6th day of February , 1985.
BOARD OF COUNTY COMMISSIONERS
OF ISN RIVER COUNTY, FLORIDA
Chairman
� 1
FREDA WRIGHT
Clerk
JPW
NOTE: Attachments "A" and "B" are on file in the Clerk's Office,
attached to the. Original Resolution as described above.
-2-
FE 1985 BOOK 9 Ft r, 841
FE & 6 1985
BOOK. 59 F -JA
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:05 o'clock P.M.
ATTEST:
. Al
Clerk
75