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HomeMy WebLinkAbout11/13/1985Wednesday, November 13, 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, November 13, 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; Charles P. Vitunac, Attorney to the Board of County Commissioners; L. S. "Tommy" Thomas, Director of Intergovernmental Relations; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Attorney Vitunac requested the addition to today's Agenda of a service agreement with Crow -Wright #10, Ltd., for a temporary wastewater capacity transfer from the South County Mainland territory to the County's hospital node to service a psychiatric hospital. Chairman Lyons requested the addition to today's Agenda of'a report on the County Library -Advisory Board. Administrator Wright requested a brief caucus after today's' meeting. ® 13 195 Boa62 Ftr 799 NOV 13 1985 Boa � c ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, Commissioner Bird being temporarily delayed, unanimously (4=0) added the above items to today's Agenda. REQUEST FOR SUBSTANCE 8 DRUG ABUSE RESIDENTIAL TREATMENT PROGRAM The Board reviewed the following letters dated 11/4/85: L. S. VOCELLE CIRCUIT JUDGE November 4, 1985 Stub of 3priba F'UMkt1d4 ubiirw orniff P. O. :ox 4ee 32961 VERO BEACH, FLA.)W=KM PHONE: (30S) e67-4504 Patrick Lyons, Chairman Board of County Commissioners County Administration Building 1840 25th Street Vero Beach, Florida 32960-3394 Dear Chairman Lyons: We recommend and endorse a Residential Drug Treatment Center for the use of the local detention facility for such purpose as it becomes available when detention moves to its new quarters. The use of illegal drugs is a serious problem, and many individuals desperately needing drug therapy are detained waiting for available space. This creates additional crowding of our local detention facilities. The need is vital and we request favorable approval by your Commission for such a program. Ci nncrcl v vn,ir� S V I INDIAN RIVER COMMUNITY R MENTAL HEALTH CENTER, Inc. 800 AVENUE H, FORT PIERCE, FLORIDA 33450 305-464-8111 RICHARD L- MILLS EXECUTIVE DIRECTOR November 4, 1985 MIDIAN RIVER COUNTY BRANCH 1314 2001 STREET VERO BEACH. FLORIDA 32M 305.569-2908 MARTIN COUNTY BRANCH 422 CAMDEN AVENUE STUART, FLORIDA 33494 305-283-7070 OKEECHOBEE COUNTY BRANCH 1008 N. PARROTT AVENUE OKEECHOBEE. FLORIDA 33472 813-783-1191 PRIMARY ALCOHOL RECEMNO CENTER ROUTE 7. BOX 844 COPENHAVER ROAD FORT PIERCE. FLORIDA 33450 305-4.4.8111 n• `C'7 G -V ISv lip �C , �C`�: Mr. Michael Wright C. Q� County Administrator C Indian River Countylr�iZ 1840 25th Street Vero Beach, FL 32960 Dear Mike: Per our discussion on October 28, I'm enclosing a data .sheet which may be useful to you as you consider the residential drug treatment program in the old jail. If there is additional information you need, please give me a call. Thanks for your interest and help. Sincerely, 'J Rich d L. Mills Executive Director A /nited Fund Agency An Equal Opportunity Employer 1 3 N O V 13 1985 'BOOK 62 PACE 711 P'NOV131985 Residential Drug Treatment Program Data Sheet Boa 62 'PAGE 712 (1) Renovation Estimate $100,000 Source of Estimate architect State of Florida (2) Source of Funds for Renovation State of Florida (3) Number of Beds 30 (4) Number of Beds/County Average 7 (5) Total Annual Program Cost $438,000 (6) Program Cost Per Bed per Day $40 (7) Source and Amount of Program Funding $328,000 State of Florida $110,000 - Local Local funding to be distributed on a per capita basis by county. Indian River County's share will be 25.5% or $28,050. Note: Is quite reasonable to plan that this share will be met for several years by virtue of the donated building and land. (8) Referral Sources Courts, Physicians, Clergy, etc. (9) ._Total to be Served Annually 300 (85% Occupancy Rate) (10) Total Cost per Resident/30 Days $1,200.00 (11) Goal: For Resident to become and remain drug free. * * * * * * * * * * * * * For program to become reality legislature must approve budget request and all counties must agree to particpate in matching State funds. Y 4 Judge Vocelle explained that they are asking the Board of County Commissioners to approve the transfer of the local detention center to the Indian River Community Mental Health Center when space becomes available at the old jail at the time the County moves into the new jail late in 1986. He.reported that they have been working very closely with Chairman Lyons and that an architect from HRS has reviewed the facility and indicated that it can be converted into a treatment center. The present plans are for a 30 -bed facility to service the four counties of the 19th Judicial Circuit. The drug rehabilitation program would be administered under the Mental Health Center and funded through contributions from local governments. The estimated cost for getting the program off the ground is $438,000 and Indian River County's share would be 25.50 or $28,050. Commissioner Scurlock asked if this would be a transfer of property, and Judge Vocelle understood that it would be. Commissioner Scurlock expressed his wholehearted support of the program and felt that the judges in this community along with the public defender's office have done a tremendous job and that Judge Vocelle has been a real leader in this endeavor. Judge Vocelle introduced Richard Mills, Program Supervisor of Health and Rehabilitative Services, who did not believe a Certificate of Need would be required for this facility. Commissioner Wodtke asked if the facility the Mental Health Center is planning on building in Ft. Pierce will provide similar services, and Mr. Miller stated they will continue to offer those services because they feel it is important that hospitals, by their history and nature, provide certain services to those able to pay for those services. The Mental Health Center has a special commitment and responsibility, as a facility primarily funded through HRS, to serve those who do not have the capacity to pay for that treatment. He believed that was the major distinction between hospital-based drug treatment centers and E✓ NOVI 3 1985 BOOK 62 PAGE 713 �NOV 13 1985 this kind of residential treatment center. BOOK '62 PAGE 114 He advised that Indian River County would not be requested.to fund the hospital- based facility. Commissioner Wodtke believed there is no greater need in the' 4 -county area than for this treatment facility and that the program cost of $40 per day is quite reasonable. He preferred, however, that we work out some sort of lease agreement with the Mental Health Center rather than a transfer of property. Attorney Vitunac advised that he was planning on putting a reverter clause into the transfer stipulating that if it ever stops being used as a public facility, it will revert back to the County. Dawn Smith, Legislative Aide to State Representative Dale Patchett, reported that he would be very happy to submit a bill to the Legislature requesting funding for this program. State Attorney Coulton and Attorney Smith of the Public Defenders Office both expressed their support of the program but felt the big battle will be getting it through the Legislature. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) instructed the County Attorney to proceed in conveying that property over to the Mental Health Center. Attorney Vitunac asked whether this would be subject to a reverter clause or if it would be a straight deed, and Commissioner Scurlock believed the intent of the Motion was that the County Attorney be authorized to negotiate to come up with what is acceptable because he felt it is going to be a process of working with the State to see what requirements they may or may not place on this. 6 ® � r Administrator Wright understood that the County wants the land back if possible, and Chairman Lyons agreed we do if it is not going to be used for public purposes. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) authorized the County Attorney to draw up an appropriate resolution in support of the proposed residential drug treatment program and convey it to the State Legislature through our State Representative. Judge Vocelle requested that the Board pass a resolution requesting that the Secretary of HRS submit this in his budget to the Governor and the Legislative Delegation supporting it or implementing any type of funding for this project, as he understood that it has to go through these administrative agencies. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) authorized the County Attorney to draft a Resolution in support of the treatment program and request HRS to submit this for budget purposes to the Governor and Legislative Delegation. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of 10/16/85. There were none. 7 �OV 13X985 BOOK '62 PAGE 715 NOV 13 1989 BOOK 62 PAGE 716 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of 10/16/85, as written. Commissioner Bird entered the meeting at 9:20 o'clock A.M. CONSENT AGENDA A. Release of Assessment Liens on SR -67 Water for Vista Plantation ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Release of Assessment Liens for SR -60 Water Reservations for the following Vista Properties: 12 ERUs - Golden Corral, Vita Plantation Plaza 9 ERUs - Building A, Vista Plantation Plaza V12 ERUs - Building 14, Vista Plantation V12 ERUs - Building 15, Vista Plantation V 3 ERUs - Clubhouse "A", Vista Plantation 1 ERU Golt Maintenance Building, Vista Plantation RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 B. Release of Easement and Bill of Sale on Utility Facilities - Vista Plantation ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized execution of Release of Easement.and Bill of Sale on Utility Facilities, Vista Properties (Vista Plantation). I RELEASE OF DEED OF EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY THIS R4LEASE, made this 13th day of November, 1985, by INDIAN RIVER COUNTY, a poff-tre--al subdivision bf the State of -Florida, 1840 25th'Street, Vero Beach. FL 32980, i. WITNESSETH: WHEREAS, VISTA PROPERTIES OF VERO BEACH, INC., a Florida corporation, as Grantor, executed and delivered to Indian River County a Deed of Easement and Bill of Sale of Utility Facilities to Indian River County, dated May 24, 1985, and recorded May 24, 1985, in O. R. Book 709, Page 1775,. df the public records of Indian River County, Florida; and WHEREAS; INDIAN RIVER COUNTY and VISTA PROPERTIES OF VERO BEACH 11 -ave agreed to amend and revise the method by which INDIAN RIVER COUNTY will acquire the easements and utility facilities described in such Deed of Easement and Bill of Sale of Utility Facilities; and WHEREAS, as a consequence thereof, VISTA PROPERTIES OF VERO' BEACH has requested. that such Deed of Easement and Bill of Sale of Utility Facilities be released, NOW, THEREFORE, In consideration''' of the premises, INDIAN RIVER COUNTY does hereby release and terminate all easements and all of its interest in and to utility facilities acquired by it under that certain Deed of Easement and Dill of Sale of Utility Facilities to Indian River Courtly, dated May 24, 1985, and recorded May 24, 1985, in O. R. Book 709, Page 1775, of the public records of Indian River County, Florida. IN WITNESS WHEREOF, INDIAN RIVER COUNTY' has signed this Release on the date first above written. ✓l Attest: Bq . Freda Wright, Cl Dd" '. Approved as to form and legal, sufficiency: ' Charles P. V tunac. County Attorney IND AN RIVER COUNTY B trick B. L n . Chairman Approved as to Utility matters: Ron 'Brno �s. D v. of Utility Services STATE OF FLORIDA COUNTY OF INDIAN RIVER 1�� Before me, the undersigned au!rity, this day appeared PATRICK B. LYONS and FREDA WRIGIIT, respectively, to me well known and known to me to be the individual described in and who executed the foregoing instrument on behalf of INDIAN RIVER COUNTY, and they acknowledged before me that they executed the same for the purposes therein expressed. ,^ WITNESS my handandofficial seal, this /3 day of 1985. My c—ommission expires: r o ary blit NOTARY PUBLIC STATE OF FL9LQA ba"VEQ7AR�GERFIE7.rfNSURAN I UND . IAX COMMISSION EXPIRES JULY B 19e6 9 NOV 13 1985 sooK rNOV 13 1985 BOOK 62 PAGE 718 C. Budget Amendment, County Commission Office The Board reviewed the following memo dated 11/1/85: TO: Board of County CommissioneATE: November 1, 1985 FELE: THRU: Joe Baird. Director Office of Budget and Management FROM: �Foi9i L8trative Aide 1 SUBJECT: Budget Amendment REFERENCES: e This Budget Amendment is to increase the revenue account and increase the salary account. Lorrie Post works part time in the Commission office. One-half her salary is paid by the Job Training Program and the other half is paid by the County. 001-000-337-10-00 Revenue 001-101-511-11.12 Regular Salaries INCREASE DECREASE 160.00 160.00 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by Administrative Aide, Liz Forlani. D. Budget Amendment, Emergency Management The Board reviewed the following memo dated 11/6/85: 10 TO: Hon. Board of County CommissionerIDATE: November 6, 1985 = FILE: FROM: Josey A. Baird, OMB Director SUBJECT: Budget Amendment REFERENCES: 1. - Revenue from Florida Power & Light for the Nuclear Evacuation Support was included in the 1985/86 fiscal year budget, however, the expenditures were not. Therefore, - -- the following is necessary: Account Title Professional Services Other Contract Services All Travel Telephone Electrical Services Office Supplies Other Charges -Obligations Additional Equipment Reserve for Contingency -Account Number 'Increase .,-,Decrease 001408-525-37.19 113,560 001408-525-37.49 3,595 001408-525-37.02 1,980 001-208-525-37.11 321 001-208-'525-37.31 733 001-208-525-37.21 1,120 001-208-525-37.99 117 001-208-525-66.45 - --2,108 001-199-581-99,91 $23,534 $23,534 $23,534 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by OMB Director Baird. E. Budget Amendment, Bookkeeping The Board reviewed the following memo dated 11/5/85: 11 BOOK 62 FAa719 NOV 13 1985 BOOK 62 PAGE 720 TO: Hon. Board of County CommissioneGATE: November 5, FILE: FROM: Joseph A. Baird, OMB Director SUBJECT: Budget Amendment REFERENCES: The following budget amendments are necessary because of the difference between original approved budgets by the commission and the final figures of the Dept. of Revenue and Dept. of Administration: .Account Title -Account Number _, Increfase --Decrease Bud Tran -Property Appraiser 115-104-52299.06 $ 27 Reserve -Debt Contingency 115-104-581-99.96 $ .27 Bud Tran -Property Appraiser 001-500-586-99.06 8,604 Reserve for Contingency 001-199-581-99..91 8,604 Bud Tran -Property Appraiser 203-.117-586-99.06 335 Reserve for Contingency 203-117581-99.91 335 Bud Tran -Clerk to Board 001-300-586-99.01 2,022 Bud Tran -Clerk of Court 001-309-586-99.02 2,796 Reserve for Contingency 001-19.9-581-99.91 4,818 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by OMB Director Baird. F. Budget Amendment, Sheriff's Dept. The Board reviewed the following memo dated 11/6/85: 12 TO: -Hon. Board of County Commissioner®ATE: November 6, 1985 -FILE: SUBJECT: Budget Amendment +.Mri)M11i .'.ar . .a' .' .�,,-.-a�p.�... ,�:.. � .rim_-. _-;• FROM: Jose h A. Baird, REFERENCES: OMB Director The rent for the.Indian-River County Sheriff's North County Office located in, Sebastian is -:not included in the 1985/86 budget, and needs to be added. There -7 fore the.following.budget-.amendment is necessary:... Account Title= _-'Account Number Increase -Decrease Rent-r�-8uildings -001,•220-5.19-34.42 $ 7,032. Reserve for Contingency 001-199-581-_99.91 $ 7,032. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by OMB Director Baird. G. DER/Army Corps/DNR Permit Applications - Floravon Shores Subdivision The Board reviewed the following memo dated 10/31/'85: 13 BOOK 62 PAu 721 BOOK R. PAGE722 TO: The Honorable Members DATE: October 31, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: D.E.R./ARMY CORPS Robert M.'Xea Ing ICP & D.N.R. PERMIT Planning & Develo ent Director APPLICATIONS :,. FROM' Challacombe REFERENCES: I. Trails A Chief, Environmental Planning DIS:ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 13, 1985. D.E.R. DREDGE & FILL PERMIT APPLICATION FILE NO. 31-11178-4 APPLICANT: ' Debra Crippen Sembler WATERWAY & LOCATION: Indian River, Section 8, Township 31S, Range 39E, at the eastern end of Floravon Shores Subdivision. WORK & PURPOSE: The applicant proposes to perform maintenance dredging of 2,125 cubic yards of silt within an existing boat basin and access channel. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits com- ments on dredge and fill applications to the permitting agencies based upon the following: The conservation & Coastal Zone Management Element of the Indian River Comprehensive Plan; Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region; The Hutchinson Island Resource Planning & Management Plan; The Code of Laws and Ordinance of Indian River County; Indian River Lagoon Aquatic Preserves Management Plan A site inspection with the Florida Game & Freshwater Fish Commis- sion taken on April 1985 revealed that the site oX the proposed project contains no marine grass beds or significant benthic habitat. To the south of the site, however, this portion of the Indian River supports beds of manatee grass and oyster shell -algal complex. During removal of the materials in the boat basin and access channel, a turbidity screen will be used to prevent an increase in the turbidity of the Indian River. The turbidity screen will be maintained in place until the turbidity levels in the basin have subsided to river background levels. All materials removed from the basin and access channel will be transported off-site. 14 The primary purpose of this project is for maintenance dredging; however, it is a necessary component of the purposed plan for the development of a boat basin and access channel at the adjacent River Run project. The River Run boat basin and access channel is currently proposed to connect to the Sembler boat basin, thereby preserving important habitat communities within the -- adjacent river area. RECOMMENDATION It is recommended that the Board of County Commissioners author- ize staff to forward a letter of no objection to the proposed project. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized staff to forward a letter of no objection to the DER on Floravon Shores Subdivision. H. Award of Bid - Modifications to Whispering Palms Pumping Station The Board reviewed the following memo dated 11/4/85: TO: BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 4, 1985' THRU: TERRANCE G. PINTO, I ECTOR SUBJECT: AWARD OF BID FOR MODIFI- UTILITY SERVICES 1r CATIONS TO WHISPERING I PALMS PUMPING STATION FROM: JEFFREY K. BARTON, ASSISTANT C)' DIRECTOR, UTILITY SERVICES DESCRIPTION AND CONDITIONS On October 24, 1985, bids were opened for the modifications to the Whispering Palms Pumping Station. There were two bids: 1. Ted Myers Contracting Co. 2. Collee Mechanical, Inc. $25,500.00 $31,567.00 The attached letter from our engineer gives a summary of the bids and recommends award to the low bidder. The low bid was lower than the engineer's own estimate. RECOMMENDATION Staff recommends approval of the low bidder, Ted Myers Contracting Co., in the amount of $25,500.00, as outlined by our engineer. 15 NOV 13 1985 Boa 62; PAGE 723 BOOK B2 PA.r,E.724 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded the bid for modifications to Whispering Palms Pumping Station in the amount of $25,500 to the low bidder, Ted Myers Contracting Co., as recommended by staff. 1. Award of Bid - Painting 8 Repair- Mid -Florida Water Storage Tank The Board reviewed the following memo dated 11/4/85: TO: BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 4, 1985 THRU: TERRANCE G. PINTO, 3,fZECTOR SUBJECT: AWARD OF BID FOR UTILITY SERVICES PAINTING AND REPAIR OF 150,000 GALLON ELEVATED WATER STORAGE TANK (MID - FLORIDA TANK) FROM: JEFFREY K. BARTON, ASSISTANTQ DIRECTOR, UTILITY SERVICES *tL DESCRIPTION AND CONDITIONS On October 24, 1985, bids were opened for the painting and repair of the 150,000 gallon elevated water storage tank (Mid -Florida Tank). This is the second time this job has gone to bid. The first time it went to bid there was only one bid received; that bid was approximately $45,000.00. The attached letter from the engineer give a summary of the current bid and recommends award of the bid to Hi -Line Contractors in the amount of $39,978.00. This bid from Hi -Line Contractors was lower than the engineer's estimate. RECOMMENDATION Staff recommends approval of the bid by Hi -Line Contractors in the amount of $39,978.00, as outlined by our engineer. 16 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded the bid for painting and repair of the Mid -Florida water storage tank to Hi -Line Contractors in the amount of $39,978, as recommended by staff. PUBLIC HEARING - ADOPTION OF WINTER BEACH SMALL AREA PLAN AND PRECISE LAND USE MAP The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 4 l V - VERO BEACH PRESS -i OURN/lLti, Published Wee ly, Vero Beach, Indian River Co`urlo'ri`da Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. �/' Swom to and subscribed before me this day of--.A.D. Ana r) ' r,7r���'�. (Clerk of the Circuit Court, Indian River County, rida) (SEAL) 17 .NOV 13 1985 BOOK 62 pnf 725 NOTICE OF PUBLIC HEARING TO CONSIDER THE COUNTY OF INDIAN RIVER: '`" ADOPTION OF THE WINTER BEACH STATE OF FLORIDA PRECISE LAND USE MAP NOTICE IS HEREBY GIVEN that the Board of Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath County Commissioners of Indian River County, says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published tieiFlorida, sales and publi s steal ave which ni h par - at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, beingtuniry to be heard in the County Commission Chambers of the County Administration Building,i located at 1840 25th Street, Vero Beach, Floridal on Wednesday, November 13, 1985, at 9:05 a.m. a to consider the adoption of a Resolution con -1 ceming the Winter Beach Precise Land Use M in the matter of yv "" — tel^ -1 This Precise Land Use Map will cover all prop- erty in the Winter Beach area. In some cases, this Map may influence the future zoning and development allowed on various properties in this area. A map of the proposed Precise Land Use Map is available at the Planning Department office on the second floor of the County Administration in the Court, was pub- Building. Anyone who may wish to appeal any decision which may be made at this meeting will need to ���W�—�/ ensure that a verbatim record of the proceedings lished in said newspaper in the issues of / is made, which includes the testimony and evi- dence upon which the appeal is based. Indian River County Board of County Commissioners By: -s -Patrick B. Lyons, Chairman Oct. 24, Nov. 5; 1985.. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. �/' Swom to and subscribed before me this day of--.A.D. Ana r) ' r,7r���'�. (Clerk of the Circuit Court, Indian River County, rida) (SEAL) 17 .NOV 13 1985 BOOK 62 pnf 725 m ov 13 1985 BOOK 62 PAGE 726 The Board reviewed the following memo dated 10/29/85: TO: The Honorable Members DATE: October 29, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: "rg SUBJECT: THE WINTER BEACH PRECISE Robertt ng,Cp AREA PLAN Planning & Development Director LAND USE MAP �/ THROUGH: Richard Shearer, AICP 7 Chief, Long -Range Planning FROM: REFERENCES: Jeffrey A. GouletJ� Winter Beach Memo Staff Planner, Long -Range Planning JEFF It is requested that the data herein presente.ebe given formal consideration by the Board - of County Commissioners at their regular meeting of November 13, 1985. DESCRIPTION & CONDITIONS The Planning Department has prepared a Small Area Plan and Precise Land Use Map for the Winter -Beach Area. This plan was prepared after the staff met with the Winter Beach Progressive League over a period of five months in order to assess the needs of the area. During this time, staff conducted a detailed land use study of the Winter Beach area identifying conflicts between the existing land use, the existing zoning, and the Comprehensive Plan policies for regulating the development of lands in MXD areas. Based on this detailed analysis and the community's concerns, the staff developed a plan for the future development of this area. On September 24, 1985, the Winter Beach Progressive League voted unanimously in favor of endorsing the plan and the accompanying map. The Planning and Zoning Commission held a public hearing in regards to the Winter Beach Plan on October 10, 1985. Many residents and property owners came forward and made their con- cerns known. The more specific concerns are briefly outlined as follows: 1. Mr. and Mrs. Amos Simmons, owners of the Winter Beach Mobile Home Park located on the east side of U.S. #1 and south of North Winter Beach Road, wanted to know how the plan would affect their property. Currently, the Mobile Home Park is zoned C-lA, Restricted Commercial District, which makes the Mobile Home Park a non-cpnforming use. The Land Use Plan designates the property as LD -1, Low -Density 1 (up to 3 units/acre). Rezoning this property in conformance with the LD -1 land use designation would still render the property non- conforming. 18 2. Bill Stegkemper, representing Mrs. Betty Norris, who holds title to Lot 7, Block 2 of Quay Subdivision, felt it was unfair to rezone her property to residential. Mrs. Norris' property is located adjacent to Roger's .Radiator Repair, on the southeast corner of Old Dixie Highway and N. Winter Beach Road. Her property contains a house and is adjacent to existing residential uses to the east and to the south. Thus, staff felt it was more appropriate for Mrs.'Norris' property to retain a residential use in the future. 3. Janet Anderson, owner of property on the east side of U.S. #1 near Owle's Grocery, made it known that she would like to retain commercial zoning for her property. This property is currently vacant and designated LD -1, Low -Density Residential 1 (up to 3 units/acre). Thus, the rezoning of this property to residential would bring it into conformance with The Comprehensive Plan. It should be noted that the Precise Land Use Map is only a general guide and does not conflict with the policies outlined in the -Land Usq;_Element of the Comprehensive Plan. The Planning and Zoning Commission voted 4 -to -0 to recommend that the Winter Beach Small Area Plan and Precise Land Use Map be adopted by the Board of County Commissioners as a general guide to future development in the Winter Beach Area. ALTERNATIVES & ANALYSIS The analysis of the Winter Beach area includes�_.a demographic profile of the community; a descriptive analysis bf existing land use, zoning, and comprehensive land use designations; and a description,of the needs and constraints of the Winter Beach area based on existing conditions. The plan also includes results of meetings held with the Winter Beach Progressive League concerning existing conditions and proposed changes to the zoning within the MXD, Mixed -Use Dis- trict, in the Winter Beach Area. Finally, a detailed land -use proposal and recommendation is made in the form of a "Precise Land -Use Map" (PLUM) for the Winter Beach Area. This PLUM delineates all proposed land uses and related zoning changes. The PLUM is accompanied by written descriptions of the proposed changes and provides justification for'the proposed changes. RECOMMENDATION Based on the analysis of the existing zoning and land use in the Winter Beach area, the Winter Beach Progressive League's endorsement of this pian, and the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners adopt The Winter Beach Small Area Plan and Precise Land Use Map as a general guide to future development in the Winter Beach area. 19 N O V l j 1985 Boos 62 FnE 727 NOV 13 1985 BOOK 62 FACE 728 Jeff Goulet, Long -Range Planning, showed a slide of the existing land uses in Winter Beach and explained that the major concern of the residents in the area is that they would not be able to rebuild if their homes burned down because the use is non -conforming in the M-1 zoning district. The residents are also concerned that heavy commercial and industrial uses are encroaching on predominantly existing residential areas. Some of these uses include a tire store, scrap yard, PVC furniture store, warehouse, radiator repair shop, kennels, etc. On the Plan, all these existing uses will maintain an appropriate form of commercial zoning. What staff would like to do is designate all the residential areas as residential so that some time in the near future we can rezone those areas residential so that those areas will be conforming. They also are proposing to extend the residential designation within the MXD a little bit further north and west to provide some area for future residential expansion so that commercial uses will not continue to encroach existing residential uses. Commissioner Scurlock believed that although he owns 20 acres on North Winter Beach Road near the Terra Nurseries, he did not have a conflict of interest in this matter, as he understood there is no change and the property will remain residential. Richard Shearer, Chief of Long -Range Planning, advised that the Plan covers approximately 12 square miles and a large part of the area already is designated LD -1 and LD -2. Commissioner Wodtke understood that this is a supplement to the Comp Plan and will be used more restrictively. Attorney Vitunac clarified that this is an in-house document which sets a guideline for staff to follow. The land map has no legal effect, as far as he was aware, and future land use changes would still have to come back to the Board in public hearings. Mr. Shearer explained that they have set this up to be adopted by resolution as Comp Plan changes are adopted by ordinance and this is just a supplement to that plan to have some 20 s � s general guidelines and policies to follow when looking at future rezonings in this area. Chairman Lyons understood that this plan is consistent with the Comp Plan and calls for what we would like to see in this area, as far as specific zoning is concerned. Mr. Shearer emphasized that the plan will be adopted by resolution rather than ordinance. Commissioner Wodtke pointed out that there is a lot of history in this particular area and residents are concerned as to what the future may hold. He believed this is a very good interim step to try to address those concerns. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Huey Walker, speaking as chairman and trustee of the First Baptist Church in Winter Beach, encouraged the Board to adopt the • resolution. Leonard Hatala, 5865 34th Street, owner of a piece of property on North Winter Beach Road, asked if he would lose his industrial zoning for the 300 feet alongside the railroad, and Mr. Goulet explained that with the zoning conversion for commercial areas, the first 300 feet west of the railroad is in the MXD area and would remain light industrial. The rest would be residential. Joseph Hajdinak, owner of Mid -Coast Tire in Winter Beach, explained that they built their store on a corner parcel with the intention of expanding to the rear parcel at some time in the future. He understood that under this Plan the property would be rezoned residential and would prevent him from expanding. Mr. Goulet explained that Mr. Hajdinak's property is actually two separate parcels. The tire store is on the corner of U.S. #1 and Quay Dock Road. The property to the rear contains two residences and is adjacent and across from residential uses as well. For these reasons staff did not feel i.t was appropriate - to designate it as commercial. 21 NOV 13 1985 BOOK 62 PAGE 729 OV 13 19�� BOOK 62 pact 7.3® Mr. Hajdinak stated that when he bought the property they advised him to split it into two pieces of property so he could build a tire company on the corner and rent out two existing houses on the rear parcel. Mr. Shearer explained that when staff looked at this area, one of the main objectives was to rezone these existing residential uses to residential, and that is still their recommendation. He advised that when Mr. Hajdinak is ready to expand, he could come in and staff could look at it again. He This Plan is a guideline only, and the Board has the ability to allow Mr. Hajdinak to expand if they decide that there are extenuating circumstances. Mr. Hajdinak understood that no property is actually being rezoned today, but wished to know how the rezoning could be stopped. Commissioner Bird advised that the time to object to the rezoning would be during the public hearings before the Planning & Zoning Commission and this Board on County -initiated rezoning to residential. Planning & Development Director Robert Keating explained that staff has been working on a conversion table for non- residential zoning districts, which will be more involved than the residential zoning conversion table adopted some months ago, and if this plan was adopted today, it would be very helpful in that conversion process. Commissioner Scurlock understood that it is staff's philosophy to go ahead and allow the existing commercial uses in that area to continue to operate, but wondered if there has been any thought to providing additional commercial zoning in the Winter Beach area. Mr. Shearer advised that staff is recommending that all existing commercial uses retain some type of commercial zoning and that a number of the more intense uses be assigned to the heavy commercial category and some of the lighter uses be assigned to the limited commercial zoning use. 22 Commissioner Wodtke felt that it would be easier to expand commercial rather than go out and create new commercial in another area and that we should consider each case individually. Commissioner Bird concurred that changing commercial to residential so that people could rebuild their homes was okay, but changing existing MXD to residential is something else again because it may be that people are planning on expanding their businesses or bought the property on speculation. Mr. Walker noted that he had not heard one complaint about the tire store from anyone in the community, and he, personally, believed that if Mr. Hajdinak wanted to expand, no one would object. Chairman Lyons felt that input from the community could be given at the zoning hearing. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 85-131, providing for the adoption of the Winter Beach Small Area Plan and Precise Land Use Map which provides a general guideline for future development in the Winter Beach area. SMALL AREA PLAN AND PRECISE LAND USE MAP ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 23 ry 13 1985 BOOK '62 PAGE 731 NOV 13 1985 BOOK 62 PAGE 732 RESOLUTION NO. 85-131 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE ADOPTION OF THE WINTER BEACH SMALL AREA PLAN AND PRECISE LAND USE MAP WHICH PROVIDES A GENERAL GUIDELINE FOR FUTURE DEVELOPMENT IN THE WINTER BEACH AREA; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Board of County Commissioners of Indian River County has adopted a Comprehensive Land Use Plan, Ordinance #82-21, pursuant to Chapter 163 of the Florida Statutes; and WHEREAS, Chapter 163 of the Florida Statutes requires that all future development be consistent with the County's adopted Comprehensive Land Use Plan; and WHEREAS, the existing zoning of many areas of the County is not in conformance with the County's adopted Comprehensive Land Use Plan; and WHEREAS, the Winter Beach Progressive League expressed concern about the amount of industrial zoned land in the Winter Beach area; and WHEREAS, the Planning Department staff has worked with the Winter Beach Progressive League during the past six months to formulate a small area plan for the Winter Beach area; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the Winter Beach Small Area Plan and Precise Land Use Map at which parties in interest and citizens were allowed to speak; and WHEREAS, the Planning and Zoning Commission voted unanimous- ly to recommend approval of the Winter Beach Small Area Plan and Precise Land Use Map; and WHEREAS, the Board of County Commissioners has held a public hearing concerning the Winter Beach Small Area Plan and Precise Land Use Map at which parties in interest and citizens were allowed to speak; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: RESOLUTION NO. 85-131 1. That the foregoing recitals are adopted and ratified in their entirety. 2. That the attached Small Area Plan and Precise Land Use Map will be used as a general guide to future zoning and develop- ment in the Winter Beach area. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Vice -Chairman Don C. Scurlock, Jr. Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner William C. Wodtke, Jr. Aye Aye Aye Aye Aye The chairman there upon declared Resolution No. 85-131 adopted and duly passed this 13thday of November, 1985. Attest: f Freda Wright, C1' k APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bruce Barkett, Assis Attachment Winter Beach Resolution JEFF2 NOV 13 1985 L7 ounty BOARD OF COUNTY COMMISSIONERS OF IND3IM RIVER COUNTY . LYUNLj/, vnalrman BOOK 6 PAGE 733 NOV 13 1995 Boa 62 PAGE 7:, 34 SITE PLAN UPDATE - OAKS PARADISE MOBILE HOME PARK The Board reviewed the following memo dated 10/31/85: TO: The Honorable Members DATE: October 31, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: �. SUBJECT: Robert M.eating A Planning & Devel men Director SIX MONTH UPDATE - OAKS PARADISE MOBILE HOME PARK SITE PLAN APPLICATION FILE # SP -80-93-625 FROM:EREN ES: Karen M. Craver �� Oaks Para. Staff Planner DIS:KAREN It is requested that the data herein presenteds be given formal consideration by the Board* of County Commissioners at their regular meeting of November 13, 1985. DESCRIPTION & CONDITIONS: On May 1, 1985, the Planning and Development Division recommended that the Board of County Commissioners terminate the approved site plan for Oaks Paradise Mobile Home Park. The site plan, approved in November of 1980, depicts a 60 lot mobile home park to be located on the north side of Oslo Road, approximately 1,320 feet west of 27th Avenue. Termination was recommended as it was staff's position that the owner, Howard Clark, had not demonstrated a good faith effort to complete the project. In addition, a number of ordinances had been adopted since the site plan was approved in 1980 that would have significantly altered the project design and the requirements of site plan approval. At the hearing, staff illustrated that a minimal amount of improvements had been made on site, namely 200 feet of paving; however, Mr. Clark and his attorney, Chester Clem, provided a chronology of steps taken towards the acquisition and provision of utilities that resulted in a determination by the Board that an effort was being made to complete the project. At the same time, the Board instructed staff to provide it with another review of the project in six months. As of October 31, 1985, a total of 7 concrete slabs, on which mobile homes will be located, have been poured. The 200 feet of roadway that was constructed in January of 1981 has not been extended. A review of the Utility Services Division's file on the project indicates that Mr. Clark must accomplish the follow- ing: 1. Obtain a wastewater franchise. 2. Apply for and obtain a construction permit for the wastewater treatment plant and collection system. 3. Apply for and obtain a construction permit for the water distribution system. 26 The last correspondence with the owner was generated by the Utility Services Division on April 11, 1984. In that correspon- dence, the division requested modifications to the proposed wastewater treatment plant and the water distribution system. Mr. Clark responded that he would address the modifications when a County water line was extended to his property. The water main was completed and has been operational since .April, 1985. Mr. Clark,has verbally indicated on several occasions that he will be proceeding towards obtaining a franchise and construction permits for the water and wastewater system; however, officially, it appears that he has submitted nothing since approximately March, 1984. ANALYSIS: The rationale behind authorizing the County Commission to termi- nate site plan approval relates to the public's interest. The process allows the County to ensure that projects which are not constructed within a reasonable time .after site plan approval will conform to applicable regulations which have been enacted since that approval was granted. By adopting new land develop- ment related ordinances, the County Commission, has determined that the adherence to the requirements set forth`I*in said- ordi- nances is in the public's best interest. -gince approval of the Oaks Paradise Mobile Home Park site plan, the following applica- ble ordinances have been adopted: 1. The Comprehensive Plan 2. Stormwater Management and Flood Protection 3. Off-street Parking Pavement Types 4. Off-street Parking & Loading Regulations S. Tree Protection 6. Landscaping 7. Residential Zoning Districts CONCLUSION: In reviewing the record of construction of Oaks Paradise, staff still maintains that Mr. Clark has not demonstrated a good faith effort to complete the project in that only 7 slabs have been poured and a small portion of the internal drive paved in 5 years. In addition, it is staff's position that Mr. Clark has not diligently pursued the acquisition of County water service or the approval of a wastewater franchise. Therefore, it would be in the public's best interest to terminate approval of the Oaks Paradise Mobile Home Park site plan application. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct the staff to initiate the site plan termination process for the Oaks Paradise Mobile Home Park site plan. 27 BOOK 62 Far_,F 735 NOV 13 1995 BOOK 62' FArF 736 Planner Karen Craver presented staff's recommendation for the Board to direct staff to initiate the.site plan termination process for the Oaks Paradise Mobile Home Park site plan. Commissioner Scurlock asked how many water taps have been reserved, and Utilities Director Terry Pinto believed they have 10 taps reserved, but noted that he had not reviewed this and was not sure of what the circumstances are. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Attorney George Glenn of Chester Clem's office, representing the Clarks, stated that Mr. Clark received notice of this meeting just yesterday. He pointed out the Code of Ordinances states that when you terminate a site plan, you look at two factors: 1) Is there an active building permit, or 2) Has there been a good faith effort toward completing the project. Attorney Glenn reported that his client has pulled 10 building permits, completed 7 mobile home pads and placed 300 feet of roadway. He circulated photographs showing the progress made on the project during the last six months, and asked that the following Chronology of Events be entered into the record. He noted that staff's report indicated that the Clarks had only put -in 200 feet of roadway in the last five years, when, in fact, they have put down 300 feet in the last six months. He pointed out that this is not a large corporation, but a father and son operation where they are doing much of the work themselves. 28 OAKS *PARADISE I -ay 1985 I. Building Dept issued permit to construct cor•crete pad for lot 29. 2. Prepared -lot 29 formed un nad ar.d installed wire r^esh and visoueen. Called for insrecton and received OK frorr. Puildin€ Dept. Poared and finished concrete. June 1. Under -round contractor Installed two PVC chases, where roads wo•ild go so FPI car install under --r^•ind electric lines. 2. Signed contract with Trod( -len Davin€ to e. -tern .roads 306 feet. ?. ^urchased coated steel ir.?et Dire for west sire drainaF,e ditch. Jul y I. Road right of ways were cleared and Filled, s­bFrade corstructed and as -)halt inst--I .ed by Trodden. Pavirr. 2. Earth work gore by contr?ctor on east side of-rorerty. D rt fro-. drainage ditch wes oved. Au frust 1. rerrr.it was issues' to corstruct concrete r,d ori lot 27. Lot 27 site nre•oared. Formed un_ :gad and installed wire mesh and vis-ueen. Caped for and received an OK on ins-necticn frog• lui lding Denprtment. Po.lred and finished concrete. 2. Underground utility contractor ca,e to property to install the inlet pi -,e for the west side drain=ge. Uron uncovering the 19 inch *sire it wns discovered that the South water line contractor had da^ared :'r. Clarks drainage Tine. . Indian River County Utility renartment was notifies?. :v:r. ,Iar'_c w, -s assured that, the nine contractor would repair the da7age . After meet rr with the er.F ' neer firm it w,s af-reed that wher the water table went doom Mr. Clark wo id have his contractor lrrcover the first lergtY of Dire erd if t} -ere wn s c'r-na�e to t} e Tine the So`ith Co,irty wafer rine cortr=ctor wo ,I d rerei r i t . September 1. Permits were issued to corstruct ;:or3rEte Da on lots 19,21 and 26. The three lots were Drerare: end rad 26 w=!s for-ned uD. ?;ire resp erd vis veer were then _nstalied. " October 1, IrsTecti.n of lot 26 w s cal'Ed In -nc 0" river Ty Eu_ldirF 'reD?rt!nert. rer.erete w tYer n:-urE0 and finished. P. Dots 2:, 2 56, S7 ani 58 were iss:­ed rer-_ts for ccrcrete r?ds and sites were nrerareO. :aes r tuber 23 and 57 were formed ur and wil re -esh --,n-c; •:'i sc'leer. were installed. Eui? d ing Departments '" w; -s giver at the insrect'_on. ,:oncrete Has then pourer' Prd finished. 3. %:r. Clarks underground utility contractor came to property to uncover one length of drainage p=ne as agreed with utility department. When Dine was uncovered it was apparent that the drainage pi;)e was da -.aced by the South County Water line contractor. 4. Met with Todd Hall (South County line nine Cortractor) at property. Agreement was made that they would ren-ir damaged draina-e -"Des 5. Met with FPI. to construct underground electric Drimary, electric rack boards and electric meters for lift station and lots 25 thru 32 and Drimary for east side of project. 6. Concrete pedestals for. electric 1­0cboards have beer. constructed. Foverrbsr 1. S',uth Co,rty water line contractor came to rrone-ty to repair damare.to drainage Dire. 11-6-85 2. South courty waterline contractor mrde final reDpirs to damaged c�rsi nage pipe. "- 29 NOV 13 1985 BOOK 62 PAGE 7.37 NOVA 1985 BOOK 62 PAGE 7.38 Director Keating apologized for not having taken pictures and failing to note that additional paving had been done. He clarified that this is not a hearing for site plan termination, it is an update on the progress of construction on the site with ' a recommendation that a hearing,be scheduled to terminate the site plan. He wished to have it made clear that the Clarks were notified by phone two weeks ago and a copy of today's agenda was sent out later; the implication that only a 1 -day notice was given is misleading. Commissioner Wodtke noticed that the applicant was shaking his head indicating that there was no phone call, and felt that we should send a written notice when something like this comes up so that we have documentation that notice was given. Commissioner Scurlock felt that the Board should consider the progress made over the entire five years since the site plan was approved, but Attorney Glenn believed the Board should consider the progress made in just the last six months. Attorney Glenn stressed that last May the Board told the Clarks to go out and start working and that is what the Clarks have done. They have spent over $100,000 on this project and for the Board to come back now and terminate their plan would be an unnecessary hardship. Mr. Clark stated that they have diligently pursued the completion of the project as they want to open Phase I as soon as possible. They have laid 700 feet of roadway over the five years; the electrical company is going to install the primary lines underground; they have built pedestals for the electric backboards. After Phase I, they will begin on Phase II. They have a permit from the DER on the proposed sewer treatment plant. They had a contract to purchase a plant, but it has since expired. They know that they have to sit down with the County and modify this. Mr. Clark stressed how hard they have worked towards this. 30 Commissioner Bird felt that providing for utilities to this site is the most basic item to be concerned about, even before getting the roads paved. He asked if the water distribution system was designed by an engineer. Mr. Clark said it was designed and submitted, but then the Utilities Department came back and said they must modify it and go with a 6" main instead of what Carter & Associates had proposed. Commissioner Wodtke recalled that when this site plan review came before the Board last May 1st, Attorney Clem agreed that there had not been a sewer under contract at that time, but stated that they could get another one under contract very quickly. Commissioner Wodtke wanted to know exactly when the Clarks were going to contract for a sewer plant and hook up to the County water line, and Mr. Clark projected that their—next step is water distribution, but they will probably end up doing the water and•sewer at the same time. Chairman Lyons asked where they were going to put the sewage, and Mr. Clark explained that it was designed for the back of the property. They do have a permit from the DER. Commissioner Scurlock believed, however, that permit was based on the plant that was contracted for sometime ago. He also believed that the rate tariff for a utility franchise on only 59 lots would not be feasible. Director Pinto confirmed that the Clarks could get a franchise for only 59 lots, but the Board could set the rate structure after the franchise is granted. Commissioner Wodtke wondered if the Board has the ability of instructing staff to report back on whether the Clarks have complete agreement -as to the utilities issues and have the financial ability to complete this project. Administrator Wright pointed out that this is a site plan issue, not a utility problem. 31 0 V BOOK 62 PAGE- 39 BOOK 62 PAGE 40 Attorney V.itunac explained that when the Board heard this last May, they waived the initial four years by their determination that the Clarks had not abandoned the project and by allowing them six more months. He believed that the Board should look at only the last six months to see if there has been a good faith effort made during that period. Commissioner Wodtke advised that he would be glad to testify, if this goes to court, that when he made his Motion last May to give six months, he did not intend to waive the initial 4 year period. He repeated that Attorney Clem had stated at that time that the Clarks did not have a sewer plant under contract, but could get one immediately. Commissioner Scurlock suggested that rather than terminating the site plan, an agreement be written stipulating that the site plan must comply with the new ordinances passed over the last five years, but Mr. Clark believed, in that case, he would not be able to build his development because of the setbacks and the size of the lots; they have poured the slabs already. Director Keating pointed out that requirements have changed dramatically in relation to mobile homes -- they now have to be platted, have 50 -ft, rights-of-way and curbing on the roadways. In addition, they are subject to density restrictions in the MXD areas, and the Clarks would get far fewer units. Actually, they would not be able to complete anything that looks like their present site plan. Commissioner Scurlock felt it is apparent that this site plan is not a good idea under our current standards. Mr. Clark assured the Board that this will be a fine community.as he and his father would not build anything that would not be an asset to the community. Commissioner Bird asked when the first resident could move in on Phase I, and Mr. Clark stated that would depend on utilities, which is the next step, but they want to do it as soon as they can. He explained that Florida Power & Light already has 32 approved a plan for service to the 22 lots in Phase I. The wastewater is at 20,000 gallons, the water distribution is a 6" pressurized line, and they have 10 water taps reserved so that they can get the homes rolling in and some cash flow. Commissioner Scurlock stressed that they are looking at $2400 per unit in impact fees for water and sewer. Chairman Lyons was still worried about the sewage system and whether they were going to be able to build a sewage plant. Director Pinto advised that the DER permitting sets forth specifics as to the type of treatment and effluent disposal. Their permit is good until June, 1986. Commissioner Wodtke asked if the Clarks could submit a -copy of a contract for a sewer plant within 60 days, and Mr. Clark said he would .like to agree to that, but he did not know what he would be getting into. Chairman Lyons felt that he should know these things. Ron Brooks of Utilities Services advised that Mr. Clark does not have approval for a water collection system. Director Pinto pointed out that this project started five years ago when George Liner was director of the utilities depart- ment. Attorney Glenn again emphasized that six months ago the Board made a motion that determined that a significant amount of work had been done and did not terminate the site plan. He submitted that during the last six months, his client did more work than in the prior time and is stating that he is going to get this project completed in six months. Chairman Lyons felt uncomfortable with the whole picture and wanted more assurance that this project will be completed. He noted that this project would never be approved if it came in today. Commissioner Scurlock asked if there is an ability at this time to identify specifically what needs to be done to constitute - 33 NoIV1 �9�5 BOOK ' 62 PAGE 741 NOV 13 1995 BOOK 62 EAu 742 substantial progress on the project between now and another six months. Attorney Vitunac advised that the Appendix of the Zoning Ordinance states that "construction shall be considered abandoned' or suspended if it is shown that an active building permit has not been maintained for construction of a structure, etc... or it is shown to the satisfaction of the Board of County Commissioners that construction at a level indicating a good faith effort to proceed with the completion of the project has not occurred for a continuous period of six months. Commissioner Scurlock believed that gives the Board the ability today to stipulate that the roads, drains, and utilities will all be done in six months. Attorney Vitunac explained that staff is waiting for instruction to either schedule another progress report or a public hearing for termination of site plan. Considerable discussion took place on whether or not to schedule a public hearing in six months whether that was a reasonable amount of time for the Clarks to complete water, sewer and power. Attorney Glenn asked his client what he considered would be a reasonable amount of time to complete this, and Mr. Clark felt that six months would do it as they plan on phasing it in. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, that the Board schedule a public hearing in six months for the purpose of terminating the site plan, unless it is demonstrated at that public hearing that in addition to a wastewater franchise being issued, the following items have been completed to sufficiently service the 22 lots in Phase l: water distribution system, sewage collection system and treatment plant, electrical distribution system. 34 Under discussion, Commissioner Wodtke understood that the Motion was made with the understanding that phasing, indeed, is allowed. Commissioner Bowman asked how sewage could be phased in for 22 units, and Commissioner Scurlock explained that they would go ahead and build the actual plant to service the 59 units at build -out and put in the collection system for only 22 units. Commissioner Wodtke stressed that if the Clarks agree to this today and it happens that the Board terminates their site plan at the public hearing in six months, they might argue that they have spent a lot of money in the interim. Mr. Carter stated he had no other alternative than to agree to it because he is at the mercy of the Commission, but Commissioner Bird interjected that he felt the Board has been rather lenient. Commissioner Bowman did not feel they were doing the Clarks any favors by allowing them to go on, because she did not think they would be able to get tenants at the price it is going to cost to live in this park. She just believed the whole thing was unfeasible. Commissioner Bird felt that the bottom line of the intent of his Motion is that within 6 months, someone should be able to move in and occupy one of the lots in Phase I and that everything should be in place for that to occur. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried 4-1, Commissioner Scurlock dissenting. PUBLIC HEARING - RiVERWALK FRANCHISE 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: 35 BOOK 62 PAGE 743 NOV 13 1995 VERO BEACH PRESS -JOURNAL Published Weekly 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 weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the lished in said newspaper in the issues of 7,Zo,,,l G /J Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. �y Sworn to and subscribed before me this day of O�A.D. so -V ' (usi ) . niger)./ ti --''-"j..t (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) BOOK 62 :FAG F 744 NOTICE OF PUBLIC HEARING 1-,j The Indian River County Board of County Commissioners will hold a public hearing on November 13, 1985, at 8:45 am., in the Commis- sioner Chambers located at 1840 - 25th ,Street, Vero Beach, Fiorida'to Consider granting the rate schedule for Riverwalk Utilities, Inc., Resolution No. 85-17. The proposed rate shall be determined In -the following manner: _"Operating Cost. X Prorate Share of Building Area"- "'Operating Cost' means Riverwalk Utill ties'. actual expenses (the "Expenses") (including maintenance, operation and`:' replacement costs) plus 6% (franchise fee) of the Expenses, plus 2'h90 (renewal and replacement account charge) of the Expenses, plus 15% of the Expenses, as an• administration fee." "'Prorate Share of Building Area, reans •,'the particular user's total building area divided by the total building area in the Improvements being .serviced by River, walk Utilities.' All interested persons are lnvited.to attend this nesting. If any person decides to appeal any fecision made by the Board of County Commis- sioners with respect to the rate schedule consid- ered at this meeting, he/she will need a record of the proceedings, and that for such* purposes we/she may need to ensure that a verbatim ecord of the proceedings is made, which record nCludes the testimony and evidence upon which ippeal is to be heard. PATRICK B. LYONS, CHAIRMAN INDIAN RIVER COUNTY BOARD .OF COUNTY COMMISSIONERS lov. 4.1985 The Board reviewed the following memo dated 11/4/85: 36 TO: THRU: THE HONORABLE BOARD OF COUNTY C©MMISSIO""--� TERRANCE G. PINT UTILITY SERVICES DATE: NOVEMBER 4, 1985 SUBJECT: RIVERWALK UTILITIES FRANCHISE RATE SCHEDULE FROM: JOANNE L.-REIFF, FRANCHISE ADMINISTRATOR, UTILITY SERV C S DESCRIPTION AND CONDITIONS Riverwalk Utilities, Inc. has a Franchise Resolution (No., 85-17) to supply water and wastewater service to the Riverwalk Shopping -Center. This commercial development occupies approximately 12.5 acres on the corner west of U.S. Highway #1 and south of Roseland Road in north Indian River County (see location map attached as Exhibit A). Riverwalk Utilities, Inc. now submits their rate schedule for approval of the Board of County Commission. The proposed rate schedule shall be determined as follows: "Operating Cost X Prorata Share of Building Area" "'Operating Cost' means Riverwalk Utilities' actual expenses (the "Expenses") (including maintenance, operation and replacement costs) plus 60 (franchise fee) of the Expenses, plus 2-1/2% (renewal and replacement account charge) of the Expenses, plus 15% of the Expenses, as an administration fee." "'Prorata Share of Building Area' means the particular user's total building area divided by the total building area in the improvements being serviced by Riverwalk Utilities, Inc." RECOMMENDATION Staff recommends that the Board of County Commissioners approve Riverwalk Utilities proposed rate schedule. 37 NOV 13 1985 BOOK 62 FAGE 745 NOV 13 1985 K 62 Fa ,f 746 ®00 Commissioner Bowman inquired if 2-1/2a for the renewal/ replacement account was sufficient, and Director Pinto explained that was standard. In addition, there is a provision which states that they have to seed that account and the County can go back into the franchise at anytime if we think that is not adequate. He pointed out that because of the way the shopping center is being constructed, they will be required to escrow the impact fees for all of the stores at one time in order to get a Certificate of Occupancy. 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 approved the Riverwalk Utilities rate schedule, as proposed by the Utilities Department. AWARD OF CERTIFICATE OF CONFORMANCE - FINANCIAL REPORTING Finance Director Ed Fry introduced Jim Maniak, President of the Florida Finance Officers Association, who explained that this award is for the Indian River County comprehensive annual financial report for the fiscal year ended September 30, 1984. This award carries significant prestige in financial fields, and the qualification process follows rigid accounting standards and legal requirements. He presented the award to Chairman Lyons, Who accepted on behalf of Indian River County, and congratulated Freda Wright, Clerk to the Board, and Ed Fry, Finance. Director for this achievement. 38 DER/ARMY CORPS/DNR PERMIT APPLICATION - LLOYD HARBOR SEACREST ESTATES/ORCHID ISLE The Board reviewed the following memo dated 10/31/85: TO: The Honorable Members DATE: October 31, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS . SUBJECT: & D.N.R. PERMIT APPLICATIONS Robert M. Keati , Avp -Planning& Development Director FROM: Arthur Challacombe REFERENCES: Seacrest Chief, Environmental Planning DIS:ARTCHA It is requested that the data herein_presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 13, 1985. D.E.R. DREDGE & FILL PERMIT APPLICATION FILE NO. 31-080638 APPLICANT: Lloyd Harbor Seacrest-Estates/Orchid Isles WATERWAY & Location: Indian River Sections 26 & 35, Township 31S, Range 39E, Pine Island, South of Orchid Island Subdivision WORK & PURPOSE: The applicant proposes to place 7,640 cubic yards of fill covering 6.4 acres of high marsh wetlands and construct a 200 lineal foot revetment for shoreline stabi- lization. Mangroves and Spartina alternaflora will be planted in areas where stabilization is needed. DESCRIPTION & CONDITIONS: Orchid Isle Estates is proposed as a sixty-eight lot subdivi- sion located on Pine Island, at the southern end of the existing Orchid Island Subdivision. The subject property is zoned RS -3 Single -Family Residential and has Environmentally Sensitive (up to 1 dwelling unit/acre) and LD -1 (up to 3 dwelling units/acre) land use designations. The total project size is approximately 370 acres. " Of that total, the site consists of the following categories of land: 1) impounded salt marsh - 275 ± acres; 2) unimpounded salt marsh - 20 ± acres; 3) upland hammock & spoil areas - 75 ± acres. Of the 6.4 acres of wetlands to be filled, approximately .75 acres will be filled for road improvements within the impound- ment, thereby connecting a large spoil area- with the northern upland property. The remaining 5.65 acres will be filled to provide for nine residential lots and road access. 39 :NOV I S 1985 BOOK '62 FAGS 747 NOV 13 1985 BOOK 62 PAGE 48 --._ The developer, through deed restrictions will preserve approxi- mately 274 ± acres of impounded salt marshes. This area will not be disturbed except for culvert installations at various points to improve water quality and biological productivity by increased flushing. Existing dikes will be used as a nature trail for property owners and on a scheduled basis for Indian River County school children. To further improve the management of the impoundment area, the applicant is proposing to construct a new pumping station with a capacity of transferring 11,000 gallons of water per minute from the Indian River into the mosquito impoundment area. Replanting of wetland vegetation will also be included in several axpas as depicted on the attached application drawings. On December 13, 1984, the Planning & Zoning Commission granted preliminary plat approval to Orchid Isle Estates Subdivision, subject to.the condition that the Board of County Commissioners accept the applicant's $52,500 in lieu of the dedication of five public water access easements at the time of final plat approval. In order for the applicant to receive a land deve- lopment permit and commence construction of the ..subdivision's on-site improvements, permits allowing the."'alteration of wetland areas must be obtained from the DE.R., Army Corps of Engineers, St. John's River Water Management District, and Indian River County. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: - The conservation & Coastal Zone Management Element of the Indian River Comprehensive Plan; Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region; - The Hutchinson Island Resource Planning & Management Plan. - The Code of Laws and Ordinances of Indian River County; - Indian River Lagoon Aquatic Preserves Management Plan. The applicant has prepared a management plan for the Pine Island mosquito impoundment (impoundment #6) which will restore a significant amount of its pre -impoundment functions. Reconnecting Impoundment #6 to the Indian River lagoon during the non -mosquito producing season- with culverts will be a significant contribution to the estuarine ecosystem as compared to its present isolated condition. The flapgates to be used (see Map#2, Detail B) also allow tidal intrusion during the mosquito producing season if water levels in the Indian River exceed impoundment water levels. The Indian River Mosquito Control District (IRMCD) will be responsible for impoundment water maintenance. The seasonal flooding regime will be as follows: artificial pumping of estuarine water into the impoundment will cease by September 1. To minimize the release of a sudden surge of impounded water to the estuary, the flapgates will be opened when fall high tides reach impoundment water levels. All culverts will be opened by September 15. 40 J This free exchange of water and organisms through culverts will be allowed to continue until early May when the flapgates will be closed and artificial pumping of water from the Indian River lagoon into the impoundment will commence. On this initial flooding, a larvicide application will be necessary to control hatching mosquito larvae. The IRMCD's experience is that larvivorous fish are not able to control the synchronous mosquito brood produced on this first artificial flooding of the season. The 11,000 gallon per minute electric pump (Map #2 Detail B) to be provided- by the developer will be a significant improvement to the IRMCD's water manipulation capabilities. It will enable improved water level maintenance which will benefit both mosquito control and vegetation enhancement. Water levels in the impoundment and rainfall will be monitored a minimum of twice weekly. This information, pumping records, and insecticide treatments in the Pine Island impoundment area will be available on request. This management plan is intended to remain flexible so that in the future, the incorporation of new, advantageous scientifical- ly proven water management techniques will be possible. The Governor's Technical Subcommittee on- Managed Salt Marshes has reviewed the management plan and has given it favorable evaluation. Discussions with the Florida Game & Freshwater Fish Commission (FGFFC) indicate a concern over the unimpounded wetland areas proposed to be filled (Sections B & C of the D.E.R. applica- tion). Planning staff has shared this concern; however, the staff feels that the proposed improvements to restore and preserve 274 ± acres of wetlands will offset the 6.4 acre wetland loss. The applicant should be required to seek assistance from the various environmental agencies to minimize the need for on-site filling of the wetland areas. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize staff to forward a letter of no objection to the project, with a recommendation that the applicant seek assistance from the D.E.R. & FGFFC to minimize the need for on-site filling of Section B & Section C. 41 BOOK 62 PAr:F d 49 J Nov Bax 62 PAGE Commissioner Bird asked if the mosquito impoundments would remain under the control. of the Mosqui.to Control District, and Art Challacombe, Chief of Environmental Planning, stated they would; however, the area itself will be dedicated as a preservation area so that no future development will take place in the impounded or unimpounded wetlands remaining. Chairman Lyons suggested that agreement should be made a part of the recommendation to the DER, and Administrator Wright advised that they will be glad to include any comments the Board wishes. Commissioner Bowman inquired about the mean elevation of the upland they are proposing to build on, and Mr. Challacombe believed it was quite low, between 3 or 4 feet, and that most of the houses are to be built on pilings, a requirement of the preliminary plat. Director Keating pointed out that staff worked with the applicant for two years before they recommended preliminary plat approval, and a major concern was how much fill would be needed. The fact that most of the residences are going to be built on pilings is one of the advantages of the plat. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board authorize staff to forward a letter of no objection to the Lloyd Harbor Seacrest Estates/Orchid Isles subdivision, noting that the remaining wetlands will be dedicated as a preservation. Roger Cooper, resident of Orchid Island Subdivision, stated it was his understanding that the residents have no objections to the overall project with respect to the environmentally sensitive area. He pointed out that there is some misunderstanding about the amount of fill involved in this operation and the number of truck loads that would move through their small subdivision of 42 only 20 homes. The developer has agreed to hold a meeting next Tuesday with the property owners to address these concerns, and Mr. Cooper explained that he had suggested that this meeting be tabled for a week from now in order to receive the input of their meeting, but .Mr. Challacombe has advised that those concerns could be handled during the DRI process by stipulating the hours of delivery, speed limit, etc. He stressed that their concerns are separate from the environmental issue. Director Keating confirmed that this is a matter for the I_61A Commissioner Bowman pointed out that this is probably the last pristine coastal hammock left in this county. She felt that the tree ordinance is inadequate and hoped that before we get to site plan review on this project, we can do something about it because there is understory that should be saved -- it is just not a matter of saving the big oaks. She cautioned that whatever is done in that area will affect the climate, because it is so lush. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Mr. Challacombe explained that while the requirements under the Tree Protection Ordinance do not impact the single-family lot under 100 feet, this does not waive the protection to the mangroves on a single lot. Commissioner Bird felt that the Tree Protection Ordinance should be modified to give more protection to trees because it seems that more trees are being taken down than saved. The Commissioners agreed to take another look at the Tree Protection Ordinance. 43 NOV 13 1985 BO -OK 62 FACE 75i BOOK 62, F;!GE 7 ? ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously instructed staff to come back to the Board with a recommendation for amending the Tree Protection Ordinance with respect to single-family lots. GIFFORD WASTEWATER IMPROVEMENTS REVISED LETTER OF CONDITIONS FROM FARMERS HOME ADMINISTRATION The Board reviewed the following memo dated 11/4/85 TO: BOARD OF COUNTY C MMISSIONERS THRU: TEad�.U�UPVJRLTOR UTILITY SERVICES FROM: JEFFREY K. N BART 0 , ASSISTANT DIRECTOR,UTILITY SERVICES DESCRIPTION AND CONDITIONS DATE: NOVEMBER 4, 1985 SUBJECT: GIFFORD WASTEWATER IMPROVE- MENTS REVISED LETTER OF CONDITIONS FROM FARMERS HOME ADMINISTRATION At the September 18, 1985 meeting of the County Commissioners, the original Letter of Conditions from Farmers Home Administration for the Gifford wastewater improvements project was presented. The original project cost of $8,200,000.00 has been expanded to $9,200,000 -to include the.following items: 1. .Additional tertiary treatment (third stage of treatment); 2. Additional service area (north of North Gifford Road between 43rd Avenue and 58th Avenue); 3. Additional interest during construction. Farmers Home Administration has .revised their Letter of Conditions to include the monies for the above -listed additional items. Attached are the following items for your information: 1. Revised Letter of Conditions dated November 4, 1985 from Farmers Home Administration; 2. Original Letter of Conditions dated July 2, 1985 from Farmers Home Administration; 3. Engineer's Feasibility Report; 4. Revised Cost Estimate for Gifford Project; 5. Engineering Contract for Gifford Project; 6. Farmers Home Administration Letter on Engineering Contract. 44 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the fol- lowing items: 1. Letters of Conditions from Farmers Home Administration; 2. Contract for engineering services between Indian River County and Masteller and Moler Associates, Inc.; 3. Authorize the engineers to proceed with the design of the revised Gifford Wastewater Project. Commissioner Scurlock expressed his gratitude to the Gifford community for not only supporting the program but expanding the program to another $1 -million of improvements. He commended Ralph Lundy for his outstanding efforts in presenting the program to the community. Director Pinto advised that we are now at the point for the Board of County Commissioners to give their approval by authorizing staff to go into final commitment with FmHA and sign the engineering contracts. He explained FmHA has required the County to enter into an agreement with one basic engineering firm and then any other necessary engineering would come under that one contract. He recalled that sometime back we retained the services of Masteller & Moler Associates and Camp Dresser McKee, Inc. to do this type of work for us. Staff is recommending that we retain the services of Camp Dresser McKee for their expertise in effluent disposal. Their contract actually would be subcontracted under Masteller & Moler, but the fees would be determined on the curve set by FmHA, which is far lower than the curve normally used by engineers. Director Pinto advised that the FmHA is going to allow us to go in and repave any roads which have to be disturbed during construction, but only to the extent they were before construction. In conjunction with our road department, however, they have agreed to allow us to bring those roads up to a point where they could be paved. We are estimating that $1 -million 45 NOV 1 1985 BOOK PacE 753 NOV 13 1985 BOOK 62 PAGE 754 worth of paving will be done. He noted that this project would use up the remaining monies committed by FmHA at 5%. Commissioner Scurlock pointed out that the project does not include the 46 customers in the South Gifford Road area because it just is not cost feasible to bring the service to that area. Director Pinto explained that FmHA provides two loan programs for people who will experience difficulty in paying the impact fees and who meet the criteria. Commissioner Scurlock recommended adding one more position in the Utilities Department, when the program gets to that point, to process applications for participation in the FmHA loan programs. Director Pinto also wanted to look at a County 10 -year assessment period for people who do not qualify for the FmHA programs. Commissioner Wodtke wanted it made clear that we are not building this system to serve the proposed Grand Harbor development, that it is being constructed to serve the Gifford area. Director Pinto explained that FmHA does not do this for undeveloped areas, only those rural developments which meet the requirements. He stressed that the actual service area for the water shed is much larger than the Gifford project service area funded by the FmHA, and probably would service the hospital node at sometime in the future. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Letters of Conditions from Farmers Home Administration and authorized the Chairman's signature. 46 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the contract for engineering services from Masteller & Moler Associates, Inc. and authorized that firm to subcontract with Camp Dresser McKee for consulting services. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the engineers to proceed with the design of the - revised Gifford Wastewater Project. Director Pinto anticipated the project to be completed sometime in February, 1989, and pointed out that people would not be expected to hook up and start their payments until that time. Ralph Lundy expressed his approval of the program and believed it has the support of the entire community. He thanked Commissioner Scurlock and staff for their cooperation in presenting the program to the community. ADDITIONAL SPACE FOR COUNTY OFFICES The Board reviewed the following memo dated 11/6/85: TO: The Honorable Members of DATE: November 6, 1985 FILE: the Board of County Commissioners THRU: Michael Wright SUBJECT: Additional Space for County Administrator County Offices s .�✓o� A H. T. "Sonny" Aan FROM: Director REFERENCES: LOQ°c�°e�•, General Services iss/0 7/)) Due to the rapid expansion of personnel, equipment and storage, we have reached impasse with available space in the County Administration Building. It is estimated,t-hat approximately 8,000 47 0V 13 19� BOOK 62 PAGE.755 NOV 13 1965 Bou 62. r�v 756 square feet is -needed for relief. We anticipate this will be adequate for the next one to two years. It is recommended by staff that permission be -granted to lease the needed space at a price not to exceed $7.00 per square foot. A Priority list has been established as to whom will be moved out of the Administration Building. Sonny Dean; Director of General Services, reported that they have been looking at areas where they can move people, but have not located anything as yet. Administrator Wright explained that this is a short term solution to the problem until they work out a long-range recom- mendation which they hope to bring to the Board shortly. Commissioner Wodtke emphasized that the Finance and Planning Department are the most critical as of now. He agreed that we need a long-range master plan where we look at space that will be freed up soon, such as the Health Department and jail, as well as school board property and property near the Administration Building. Commissioner Wodtke explained that the estimated price of $7 is the maximum price per square foot and felt that they will be able to find space at a lesser figure. Commissioner Scurlock suggested finding out when the State's contract is up for the Drivers License Division because he felt that department causes a real traffic hazard in back of the Administration Building. Commissioner Wodtke reported that they are going to look at some departments, such as Utilities, which create the most parking needs to see if they can be put into a better area. In addition,.they are going to look into the possibility of culverting the canal in back of the building for additional parking. 48 M - ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized staff to proceed in the direction recommended for obtaining additional office space. RIGHT-OF-WAY ACQUISITION - JUST COMPENSATION WITHOUT APPRAISALS - 43RD AVE. EXTENSION FROM NORTH GIFFORD ROAD TO LINDSEY ROAD AND 12TH STREET WEST OF 6TH AVENUE The Board reviewed the following memo dated 11/1/85: TO: THE HONORABLE METERS OF DATE: November 1, 1985 FILE: THE BOARD OF COUN'T'Y COMMISSIONERS THROUGH: RIGHT OF WAY ACQUISITION\c�U����� Michael Wrig JUST COMPENSATION. WITHOUT County's ator SUBJECT: PARCELS1�43RD AVE EXTENSION FROM NORTH GIFFORD ROAD TO James W. Davis, P. LINDSEY ROAD Public Works, Director PARCEL 2) 12TH STREET WEST OF 6TH AVENUE Donald G. Finney, 1 4 FROM: Right of Way Agent REFERENCES: DESCRIPTION AND CONDITIONS Parcel 1) The County requires a 35' right of way owest property line of the Bryant Carter/Corbitt Smith property to construct the extension of 43rd Avenue. The County has a 35' existing right of way west of the additional right of way needed. The owners will not donate the property but are willing to accept $5000 as just compensation. An outside appraisal has not been performed but will involve an appraisal fee of approximately $1000. The RM -6 zoned Parent tract is 5.91 acres. The right of way is 35' x 275' = 9,625 square feet or .22 acre. Recent land sales in the area are as follows: 1) ID # 27-32-39 00009-0120-0002.0 Sept. 83 land zoned R-1 19.61 acres $140,500 $7,165 per acre 2) ID # 22-32-39 00000-5000-00019.0 April 84 land zoned RM -10 13.08 acres $130,800 $10,000 per acre 3) 1983-1984 developed lot sales - Treasure Coast Village $7,500 Based on these land sales, staff recommends a just market value of $2500 for .22 acres. Parcel 2) The County requires a 1.5' additional right of way from the Cl. -A Zoned Commercial tract owned by Sara McCullers. The property owner is willing to settle for $400 as just compensation for the 1.5 x 130± = 166 Sq. Ft. The deed has been signed & in my possession. Recent sales indicate Cl -A Zoned property sold for $2 to $3 per square foot. Subject 166 Sq. Ft. @ t$400 = $2.41 Sq. Ft. 49 1 OV 1985 Bow 62 P�,cE 7 NOV 13 1985 BOOK 62 PA,E 758 RECOMMENDATIONS AND FUNDING A) Staff recommends the Board of County Commissioners authorize offering * Fair Market Value as stated above to each of the property owners as full compensation for the right of way requested- Forty-third Avenue extension project account with funding from Second Gas Tax or Local Option Gas Tax. Twelfth Street funding from .Indian River Boulevard project # 304-214-541-66.12. B) Parcel 1 $2500 Parcel 2 $ 400 $2900 Just ccanpensation for two parcels Commissioner Scurlock inquired if staff felt comfortable without appraisals, and Administrator Wright stated they did. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized staff to offer Fair Market Value, as set out in the above memo, to each of the property owners as full compensation for the right-of-way requested. DISCUSSION RE MEDICAL EXAMINER CONTRACT The Board reviewed the following letter dated 10/23/85: INDIAN RIVER COMMIn UNITY COLLEGE 3209 VIRGINIA AVENUE • FORT PIERCE, FLOR.IDA+33454.9003 TELEPHONE 305-464-2000 EXTE--NSION 243 • DEAN OF FINAfLCIAL AFFAIRS 728 October 23, 1985ti -.a OCT 1985 1- 11 Charles Vitunac County Attorney Cake Indian River County Administrative Center 1840 25th Street Vero Beach, Beach, Florida 32960 Re: Forensic Laboratory Dear Mr. Vitunac: ' Attached please find the most recent draft of a possible inter- local agreement between the four County Commissions, the Medical Examiner's office, and the District Board of Trustees of Indian• River Community College for use of College facilities by the Medical Examiner. This draft has been taken from a proposed draft from Dr. Walker's office, with additions from our Board Attorney, Mr. Chet Griffin. 50 I would appreciate any comments you might have on this draft agreement. Should it become clear that the medical examainer or the other counties do not concur with substantive parts of this draft agreement, I will take it upon myself to arrange a mdeting in Ft. Pierce with the four county attorneys, Dr. Walker, and myself, in the event such a meeting is necessary. I would appreciate some feedback on this matter by November 4, 1985. Should you have any questions, please do not hesitate to call me. Sincerely, William W. Streeter Dean of Administration and Financial Affairs Chairman Lyons questioned the need to have any contract at all with Dr. Walker since we realize he is the Medical Examiner, and whether or not we have a contract with him does not seem to affect what he does with his budget. The only contract we need is for space in the community college. Attorney Vitunac reported that he had advised Dr. Walker's attorney that the proposed contract is unacceptable. St. Lucie County has advised us that this contract is not acceptable to them either. All four county attorneys are meeting with Dr. Walker's staff Friday afternoon, and he would express the Board's displeasure in the contract with Dr. Walker. OMB Director Joe Baird will attend the meeting also to review the financial terms. The Board agreed to table this item until after the 4 -county meeting is held. WASTEWATER AGREEMENT - HOSPITAL NODE - PSYCHIATRIC HOSPITAL Commissioner Scurlock asked how many gallons of capacity are still unallocated in the temporary wastewater capacity transfer agreement with the City of Vero Beach, and Administrator Wright believed it was approximately 60,000 gallons. 51 U 13 1985 NO 3 19�� BOOK. FAGS 760 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the wastewater service agreement with Crow -Wright #10, Ltd., for 12,000 G/P/D temporary allocation of wastewater capacity for a psychiatric hospital to be built in the hospital node, and authorized the Chairman's signature. 52 THIS AGREEMENT made this 14th day of October , 1985, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and CROW- WRIGHT X10, LTD., a Texas limited partnership, hereinafter referred to as "Customer". WITNESSETH: WHEREAS, the City of Vero Beach and County entered into a temporary wastewater capacity transfer agreement on the 6th day of July, 1984, transferring 100,000 gallons per day of wastewater capacity from the South County Mainland wastewater service territory to the County's Hospital Node; and WHEREAS, Customer is constructing a Psychiatric Hospital on property within the Hospital Node in the water and sewer service area of the County and is in need of sewer service; and WHEREAS, the County is not in a position, at this time, to supply sewer service to Customer, and desires to prevent the proliferation of private package wasewater treatment plants; and WHEREAS, Customer and County desire that the City service Customer with a limited amount of sewer service on a temporary basis; and WHEREAS, it is now the intention of the County to formally authorize the use of a portion of the temporary wastewater_ capacity, under the following terms and conditions: The parties agree as follows: 1. It is understood between the parties that this is a 12,000 G/P/D temporary allocation of wastewater capacity, and County does not represent that County, City or any other facility will be available for Customer for permanent service to the site. Consequently, County will require Customer to provide assurances of its ability to construct and operate a private wastewater facility, pursuant to applicable laws and ordinances. 2. Customer has site planned a wastewater treatment plant and agrees to construct and operate the facility in accordance with all applicable laws in the event the temporary allocation provided by this Agreement through the City's wastewater - treatment facilities lapses. Nov3,1985 1 BOOK 2 F'mE 7.61. NOV i 3 1985 aoof 62 PacE762 3. This temporary service authorization shall lapse 18 Y , months after County has notified Customer of its intention to cease the temporary allocation. Upon receipt of such notice, Customer shall immediately begin the construction of a private wastewater facility under applicable laws. To guarantee this facility is constructed, Customer has, concurrently with this Agreement, provided the County with a performance bond in the a amount of 560000.00, or such other security as approved by the County Attorney. The condition of this surety will state that in the event the County gives notice of lapse of the temporary allocation and Customer has not thereafter commenced construction of a private wastewater facility or made other arrangements for service within eight months, then County shall have the right to call up the bond and construct the facility on Customer's property as shown on Customer's site plan. 4. Customer agrees and understands that the County intends to ultimately construct a wastewater facility to service the area. County is unsure of the timing, the extent or the location of said plant at this time. In the event wastewater capacity becomes available from County resources, then Customer agrees to disconnect its temporary service and connect into the County system within 60 days of receiving such notice from County in accordance with all applicable County ordinances and policies; and agrees to pay any applicable impact fee, connection fees and other costs established by County. WHEREFORE, the parties have authorized their representatives to execute this Contract, on the date set forth next to their signatures. � !/7/V-, " --Dated November 135, 1985 npto l'o'chand p { e'.. CROW—WRIGHT #10, LTD. Daniel S. Peterson General Partner v COUNTY COMMISSIONERS VAR-QUNV ,/FLORIDA a'CricK li. n , Chairman L7 1 , ATTEST:- Freda TTEST: Freda Wright,, C k I e4 v FIRepubficBank Dallas P.O. BOX 225981 • DALLAS. TEXAS MM Adi - l'ft* *k- No. do On We Telex number REPUBANK 073.358 Irrevocable Letter of Credit No. RE2200-2483 Indian River County 1840 N. W. 25th Street Vero Beach, Florida 32960 Gentlemen: October 11, 198 AMOUNT - $60,000.00 EXPIRY - October 11, 1987 We hereby issue in your favor this documentary credit which is available by negotiation of your draft at sight drawn on RepublicBank Dallas, National Association bearing the clause: "Drawn under documentary credit No. RE2200-2483 of RepublicBank Dallas, National Association" -accompanied by the following documents: 1) Certificate signed by two members of the Board of County Commissioners of Indian River County, Florida, duly notarized, and stating as follows: "We hereby certify that: 1. The County's agreement to provide temporary wastewater allocations to Crow -Wright #10, Ltd.'s 54 -bed Psychiatric Hospital in Vero Beach has been cancelled due to a lapsed agreement between Indian River Coutny and the City of Vero Beach's wastewater treatment facility, and 2. Crow -Wright #10, Ltd. has failed to commence construction of a private wastewater facility or made other arrangements for service within the time spgcified in the agreement dated October 14, 1985 between Indian River County and Crow -Wright #10, Ltd. Therefore, the funds drawn are due and payable." 0 2) Original of this Letter of Credit This Letter of Credit sets forth in full the terms of our undertaking to you. Such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referrd to or related to herein and -any such reference shall not be deemed to incorporate herein by reference any document or instrument. The original of this Letter of Credit must be presented to us with any drawings hereunder for our endorsement of any payments effected by us. If cancellation of this Letter of Credit is required before the expiry date stated herein, the original of this Letter of Credit must be returned to us with the Beneficiary's letter requesting-cangellation. Natj.aghl- Association 55 > � Signature de la banque emettrice Signature of the issuing bank Boor PAGE 763 NOV 13 1985eooF 62 , Parf 764 COUNTY LIBRARY ADVISORY BOARD REPORT Chairman Lyons reported that the Indian River County Library Association sent out a mailing to all members'to see whether or not they approved of the giving of the assets of the library to the County when it becomes part of the County system. All 390 returns were in favor of the proposal, and 4 or 5 people attending the meeting also said yes. It was the Association's unanimous decision to turn over the assets of the library to the County when the county system is set up. Chairman Lyons also reported that they have a consultant who has until January to come up with a plan, which can be used as a basis for going on the ballot in March. They plan on having enough information to come up with the figure for a millage rate to pay for capital improvements. EMERGENCY FOOD 6 SHELTER FUNDS The Board reviewed the following letter dated 10/31/85: 56 s � r t i October 31, 1985 Pat Lyons, Chairman Board of County Commissioners 1840 25th St. Vero Beach, Fla. 32960 Dear Commissioner Lyons: I United Way has recently been advised by the Emergency Food and Shelter National Board of the Federal Emergency Management Office that Indian River County has qualified for $9,687.00 in funds. The funds are specifically for food, shelter, and utility payments for the residents of our county. This is the third year that we have qualified for -funds. In order to meet the federal regulations, we must inform local government and request that a representative to the Local Board be appointed by the Commission. During the past two grant periods Commissioner Maggy Bowman has served on the Board. Her knowledge and expertise make her an excellent candidate to again serve on the Indian River Emergency Outreach Board. A large percentage of the funds went to residents in Commissioner Bowman's District. Funds should be available by the end of November. Newspaper and radio publicity will appear at that time. If you have any questions about this program, please feel free to call me at 567-8900. Thank you. Sincerely, hD Kay YuExec t'for a .urlY�:. •� United Vfty of Indian River County P.O. Box 1960 Suite 313, 2001 Building .20019th Avenue Vero Beach, Florida 32960 Phone(305)567-8900 NOV 13 1985 BOOT 62 PAGE765 NOV 13 1985 B00!( 62 PAGE .1 86 Commissioner Bowman stated she would be glad to continue serving on this Board. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved Commissioner Bowman's reappointment to this Board. There being no further business, on Motion duly made and seconded, the meeting adjourned at 12:10 o'clock P.M. ATTEST: Clerk 57 Cha irma