HomeMy WebLinkAbout9/1/1987Tuesday, September 1, 1987
IThe 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 Tuesday,
September 1, 1987, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman;
Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also
pres'nt were Charles P. Balczun, County Administrator; Charles P.
Vitu ac, Attorney to the Board of County Commissioners; and
Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order.
Rabbi Richard Messing, Temple Beth Shalom, gave the invoca-
tion, and Commissioner Bird led the Pledge of Allegiance to the
Flag.'
ADDITIONS TO THE AGENDAIEMERGENCY ITEMS
Commissioner Eggert wished to add under her matters some
comments on the Library, and Commissioner Bowman requested the
addition under her matters of discussion re further consideration
of the proposed Sand Ridge ordinance.
,County Attorney Vitunac asked that a conceptual settlement
of the Bent Pine Utilities litigation be added under the
Attorney's matters.
,The Chairman also added later in the meeting an item in
response to a letter from the DER re beach renourishment.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously added items
to today's agenda as described above.
BOOK ' U9 RAM
L -SEP 1 19S
BOOK''
0. PACE M ; .
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of August 4, 1987.
There were none.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of August 4, 1987,
as written.
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of August 18, 1987.
There were none.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of August 18, 1987,
as written.
CONSENT AGENDA
A. Reports
The following reports were received and put on file in the
Office of Clerk to the Board:
The Comprehensive Shellfish Control Code, 115187
Florida Dept. of Natural Resources; plus
Comprehensive Shellfish Area Survey for Vero Beach
to Ft. Pierce, Fla.
B. Elevated Water Storage Tanks - Cathodic Protection Service
The Board reviewed Utility Staff memo, as follows:
2
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8
TO: BOARD OF COUNTY COMMISSION RS DATE: AUGUST 17, 1987
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY S IC S
FROM: JEFFREY A. BOONE n
ENGINEERING OPERATIONS MANAGE
DIVISION OF UTILITY SERVICES
SUBJECT: ELEVATED WATER STORAGE TANKS
CATHODIC PROTECTION SERVICE
BACKGROUND
The Division of Utility Services presently has four elevated water
storage tanks in the water distribution system: one located at the
South County .Reverse Osmosis�_Plant site, one at SR. 60 and Kings
Highway, one in Gifford on 34th Court, and the Mid Florida Tank west
of U.S #1 on 13th Lane behind Velde Ford. In order to minimize
future maintenance and to insure the integrity of these storage tanks,
an onging cathodic protection program is required. Only the Gifford,
Mid FlMda, and RO Plant tanks have previously been equipped with
cathodc protection systems.
In ord r to develop a comprehensive cathodic protection system for
each s orage tank, the Division of Utility Services has received
propos is by both Harco, Inc., the original supplier of services for
Giffor and Mid Florida; and the Pennwalt Corporation, supplier of the
RO Plait tank system.
ANALYSIS
Both Harco, Inc., and the Pennwalt Corporation provide equal service.
However, the cost to provide cathodic protection to the Kings Highway
tank and routine inspection and calibration of the existing systems
would be $5,474.00 by the Pennwalt Corporation, while the cost for the
same service, if provided by Harco, Inc., would be $6,645.00.
Once ail tanks are equipped with the cathodic protection system, the
Pennwalt Corporation can more economically provide yearly inspection
and calibration of the systems on all four tanks.
The Division of Utility Services recommends that the Board of County
Commissioners authorize the Director of Utility Services to execute
the attached agreements with the Pennwalt Corporation totaling
$5,474:.00 to provide a cathodic protection system to the Kings Highway
tank and the current year's inspection and calibration to the RO
Plant, Gifford, and Mid Florida Tanks.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the Utilities Director to execute agreement with the
Pennwalt Corp., Wallace & Tiernan Div., totaling
$5,474 to provide a cathodic protection system to the
King's Highway $legated water storage tank and the
current year's inspection and calibration to the
RO Plant, Gifford and Mid Florida tanks.
3
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BOOK 69 PAGE 185:
SEP 1 1987
BOOK 6� PACE
WALLACE &TIERNAN DIVISION WAL'LACE &TIERNAN
PENNWALT CORPORATION
�— 25 MAIN STREET 02,Pam P E U
BELLEVILLE, NEW JERSEY 07109 EQUIPMENT ® CHEMICALS
HEALTH PRODUCTS
MICRO-POLATROL CATHODIC PROTECTION SYSTEM FOR WATER YANK
February 23 19$—
PROPOSAL TO Board of County Cohmiissioners
140 25th Street
Vero Beach, Florida 32560 attention: Mr. Daniel L. Thornton, Jr.
(Hereinafter called the Purchaser)
Wallace & Tiernan Division, PENNWALT Corporation (hereinafter called the Company) proposes to design and furnish
f.o.b. Belleville, N.J., and to install in the tank described below, one complete Cathodic Protection system (herinafter
called the Equipment) subject to the following terms and conditions.
A. PRICE: The total amount due hereunder, payable in U.S. funds, is $ 4, 769.00 , with such sales, use,
excise, or similar taxes as may be applicable: YR 49M (tpQ=IXKRX�RMk :f ktRAWMRx*
[strike out two] and as conditioned below. X
The Equipment shall be shipped (with full transportation of seller's selection allowed) JQAt0XUt X%X=X0KM§t
R�irtcxscl�a�aCtt�cR�Rcta�cx)C�3ta�slo�oDtuyxohxRot)C�gisttbto� consigned and marked as
indicated by the Purchaser on the reverse side of this proposal under SHIPPING INSTRUCTIONS.
B. TERMS: Net 30 days with 50% of total to be invoiced upon shipment and 50% invoiced upon installation unless
installation is delayed by Purchaser more than 60 days after date of shipment, in which event the 50% remaining
will be invoiced upon the expiration date of such 60 -day period. All past due accounts are subject to a charge of
11/2% per month (18% per annum or such lower rates as may be required by applicable law).
C. EQUIPMENT- The Equipment shall consist of one weatherproof MICRO-POLATROL Control Unit, wire in conduit
from Control Unit to the electrode wiring, necessary DP➢("k)X1VX (Platinex) )(XtA")pXJpX
I NX0(%W electrodes, electrode wiring, insulators, supporting cable, and all incidental fixtures to make a complete
installation except as indicated in D below.
D. INSTALLATION: The Company shall furnish all labor to make a complete and workmanlike job except that the
Purchaser shall:
(a) arrange prompt access to the tank for the Company's installation crew at the time of installation.
(b) have the Equipment and the tank ready for installation at the time of arrival of the Company's installation crew
after due notification of the arrival date of the crew.
(c) install, at his own expense, prior to the arrival of the Company's installation crew, an a.c. power supply to the
point at which the Control Unit is to be installed, as well as d.c. lines of sufficient capacity from the point at
which the Control Unit is to be installed to the tank ladder if the Control Unit is to be installed at a point remote
from the tank, and
(d) supply necessary details regarding the condition and construction of the tank as indicated below.
E. TANK DESCRIPTION: It is agreed that the following is a correct description of the construction and condition of
the tank in which the Equipment is to be installed:
Kings Highway Tank Elevated Closed top
750,000
Tank capacity gallons. Type Fluted Cal umn SRX
Tank Diameter 64 feet. Head Range feet. Wet Riser Diameter JCA feet. Height -M feet.
Location of Equipment Control Unit in fluted steel rnlumn eyelevel adjar-pnt to ladder
Specify if any pipes, spiders, braces, heaters, columns, etc.,
are in the tank or riser either above or below high water line Unknown
Type, age, and condition of coating system 1985 epoxy
Hardness of water 48 mg/L Electric current available: 11 n volts _60 Hertz Sal P' phase.
THIS PROPOSAL 1S SUBJECT TO THE TERMS AND CfiWPITIONS ON THE REVERSE HEREOF WHICH ARE
HEREBY MADE A PA THIS PROPOSAL.
Purchaser please sign in duplicate and return both copies to us.
Proposal made b R. Tompkins ns One co will be returned to
P Y copy you for your file.
Sales Representative I
WALLACE & TIERNAN Division / Accepted September 1, 19 87
=�
PENNWALT CORPORATION BOARD OF COUNTY COM.IISSTONERS
ei
Approved at Belleville. N.J. 19 _
Purch �/
X
By By ... L
Authorized Official Authorized Qtr
Chairman, Board of Co. Comm.
--
tom– rim ..
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WALLACE & TIERNAN DIVISION I WAL.LACE ETIERNAId
PENNWALT CORPORATION I M�� ��
25 MAIN STREET
• BELLEVILLE, NEW JERSEY 07.109 EQUIPMENT • CHEMICALS
TEL 201: 759-800WCABLE: WALTIERNAN NEWARK/D-U-N-S 00-246-1234 HEALTH PRODUCTS
WALLACE & TIERNAN CATHODIC PROTECTION SERVICE
CONTRACT WITH: Indian River County Utilities 2/23/87
Vero Beach, Florida
(Hereinafter called the Purchaser)
Wallace & Tiernan Division, PENNWALT Corporation (hereinafter called the Company) proposes to furnish maintenance and repair service for the
Cathodic Protection Systems listed below subject to the following terms and conditions:
A. PAYMENT. The total payment per year due hereunder (as conditioned below) is payable in U.S. funds within 30 days after the beginning of the
period covered by this Contract which is: from date of acceptance
to
and annually thereafter until terminated by either party in accordance with the provisions of Paragraph E on the reverse hereof. All past due
accounts are subject to a charge of 1'lelo per month (18116 per annum). ANNUAL RATE
B. SYSTEMS COVERED: This Contract applies to the following Cathodic Protection Systems
(hereinafter called the Equipment):
System Na Location Capacity Type Anode Type
(1NOUSANDSI
15984 R.). Plant 900 Elev.
Prospect Gi ford Tank 400 Elev.
Prospect Mil Florida Tk 150 Elev.
Purchaser please Initial one column and delete the other TOTAL
columns on both copies to Indicate which plan Is selected
and upon selection the Inapplicable paragraphs In (C)
PLAN
PLAN
PLAN C
235.00
235.00
235.00
705.00
below shall b6 considered deleted therelrorru
C. SERVICE PLAN THIS IS A COMPLETE SERVICE. Applicable tares will be added to all annual rates..
The Company a rees to:
(1) Inspect the Equipment once during the period covered by this Contract And once during each successive period.
(2) When making the annual inspection, evaluate system performance by means of tank to water potential measurements..
(3) Replace or repair anode stock as required.
(4) Maintain the Equipment in operating condition by furnishing all labor and materials required to replace or repair all parts thereof worn or
damaged so as to impair the operation of the Equipment with the exception of those parts damaged through war, fire, Act of God, negligence,
tampering or other fault on the part of the Purchaser or cause's beyond the control of the Company other than fair wear and tear.
SERVICE PLAN THIS IS A LIMITED SERVICE.
The Company agrees to:
(1) Inspect and adjust the Equipment once during the period covered by this Contract and once during each successive period.
(2) When making the annual inspection, evaluate system performance by means of tank to water potential measurements.
(3) Replace or repair anode stock as required with the exception of those parts damaged through war, fire, Act of God, negligence, tampering or
other fault on the part of the Purchaser or causes beyond the control of the Company.
(4) If any other replacements or repairs are required, furnish labor and material at Company's standard rates when authorized by Purchaser.
SERVICE PLAN THIS IS A LIMITED SERVICE
The Company agrees to:
(1) Inspect and adjust the Equipment once during the period covered by this Contract and once during each successive period.
(2) When making the annual inspection, evaluate system performance by means of tank to water potential measurements.
(3) If any other replacements or repairs are required, furnish labor and material at the Company's standard rates when authorized by Purchaser.
THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS
ON THE REVERSE HEREOF WHICH ARE HEREBY MADE A PART OF THIS CONTRACT
This Contract is not binding on the Company until approved by it at Purchaser please sign in duplicate
its home office in Belleville,li N.J.
Return one copy to us, one copy will be returned to you
Contract made by: R. Tompkins ❑
WALLACE & TIERNAN DIVISION
PENNWALT CORPORATION Return pink copy only to us c;
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Purchaser
By By G 9-1-87
Authorized Official Authorized Signature Date
Chairman
Supervisor Installation & Service Title
FORM 3808 REV.
CUSTOMER COPY
BOOK 69 PACE 187
EP 1 1987 BOOK 69 PAGE lab
C. Indian River Blvd. South - Irrigation Sys. & Landscaping
The Board reviewed memo of County Engineer Brescia:
TO: THE HONORABLE MEMBERS OF DATE: August 24, 1987 FELE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Administrator
James W. Davis, P.E.
Public Works Directo
�1edt'�
FROM: ?a'lph N. Brescia,
County Engineer
SUBJECT: Indian River Blvd., South
Irrigation System & Landscap-
ing
P.E. REFERENCES:
DESCRIPTION AND CONDITIONS
In an effort to enhance the aesthetic value of the newly
constructed section of Indian River Blvd., it is suggested that an
irrigation system and landscaping be placed in the center median of the
Boulevard. The limits of this work would be from station 216+50 near
Walmart to station 277+50 near the 14th Street canal.
The area to be irrigated would be approximately 110,000 square feet
and the landscaping would include a minimum of: periwinkles, wax
myrtles, hibiscus, dwarf palms, dwarf oleanders, blanket flowers,
mulching and sod.
It is estimated that the entire cost of this project would be
approximately $65,000.
RECOMMENDATION AND FUNDING
It is recommended that if the concept of an irrigation landscape
plan is approved, specifications be prepared for outside contractors to
bid this work. It, is further recommended. that bidding documents be
developed to have all work included in one contract so as to have one
contractor responsible for all aspects of the project.
Funding for this work would come from Account'#304-214-541-066.51.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the preparation of bidding documents with the work all
to be included in one contract as recommended by staff.
D. Earman Park Barbecue Pit Concrete Pads
The Board reviewed memo of County Engineer Brescia:
6
TOTHE HONORABLE MEMBERS OF DATE: August 26, 1987 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
,Charles P. Balczun
County; Administrator
SUBJECT: Earman Park Barbecue Pit
Concrete Pads
FROM: Rahph N. Brescia, P.E. REFERENCES:
County Engineer
DESCRIPTION AND CONDITIONS
Earman Park construction is underway. The island park will have
picnic shelters, picnic tables, wood decking, a dock and several
barbecue pits.
Ii an effort to prevent vandalism, concrete pads will be necessary
to anchor the barbecue pits and to minimize any potential fire hazards.
In addition, the areas under and around the picnic shelters require
cypres3 mulch for stabilization and aesthetic purposes.
T he cost for these items including barge transport are as follows:
1.) Barbecue Pit Pads $ 300.00
2.) Cypress Mulch & Labor 1,250.00
TOTAL $1,550.00
Please note that of this amount, 50% or $775 will be funded by the
Florida Inland Navigation District under the F.I.N.D. grant program.
The remainder will come from Account #001-210-572-066.39.
RECOMMENDATION AND FUNDING
It is staffs recommendation that $775 be appropriated for this
project.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the appropriation of $775 for the above project as
recommended by staff.
E. Insurance Renewal
The Board reviewed memo of OMB Director Baird:
UPI' 1
7 BOOK 69 PAGE 189 . .
M��
BOOK 69 PACE1
9U
TO: Members of the DATE: August 26, 1987
Board of County
Commissioners
SUBJECT: INSURANCE RENEWAL
FROM: Joseph A. Baird
OMB Director
On October 1, 1987, several county -owned insurance policies
will be due for renewal:
Building and Contents
Equipment
Automobile Insurance
Public Officials and Employees
Errors and Omissions
General Liability
Umbrella Policy
The agencies listed below have shown an interest in bidding:
Florida League of Cities (Adjustco)
Schlitt Insurance
Hamilton Arden
Gallagher
Professional Administrators
Staff would like -permission to request proposals from these
agencies that have shown an interest.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler; the Board unanimously directed
staff to request proposals as described above.
F. Budget Amendment - Hazardous Waste Grant
The Board reviewed memo of the OMB Director:
8
TO:
Members of the
Board of County
Commissioners
FROM: Josep A. Baird
OMB, Director
ACCOUNT NUMBER
Revenues
411'-000-343-041.00
411'-000-334-032.00
Expenses
DATE: August 26, 1987
SUBJECT: BUDGET AMENDMENT
FOR HAZARDOUS
COLLECTION
ACCOUNT TITLE
Garbage/Solid
Landfill Grant
INCREASE
$ 8,850
50,000
411-000-169-043.00 W.I.P. Hazardous 43,800
Building Waste
411-000-169-044.00 Hazardous Waste 10,300
4111217-534-044.75 Hazardous Supplies - 4,750
DECREASE
Explanation
To appropriate funds for the $50,000 Hazardous Waste Grant
received by Indian River County (see attached).
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved the
above budget amendment per contract approved 6123187.
G.Budget Amendment - Drainage Study - Aerial
The Board reviewed memo of OMB Director Baird:
TO: Members of the DATE: August 19, 1987
Board of
County Commissioners
SUBJECT: BUDGET AMENDMENT
DRAINAGE STUDY -
AERIAL
FROM: Josep A. Baird
OMB, Director
ACCOUNT NUMBER ACCOUNT TITLE INCREASE DECREASE
185-2140541-033.13 Other Prof. Services $23,000
185-214-541-099-91 Reserve for Contingency $23,000 -
Ex
23,000-
Ex lan tion
Appropriate funds in the amount of $23,000 for Professional
Aerial Survey Services Agreement with Bosworth Aerial Services, Inc.
9 BOOK , 69 PACE 191
r -SEP 1 07
eooK 1 69, eacE 19
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved the
above budget amendment appropriating funding for
Professional Aerial Survey Services Agreement with
Bosworth Aerial Services, Inc.
PUBLIC HEARING - AMEND ZONING CODE RE NEIGHBORHOOD NODES (SEPARA-
TION DISTANCE
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:
~ - VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
NOTICE OF PUBLIC HEARING
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
NOTICE IS HEREBY GIVEN that the Board of
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
County Commissioners of Indian River County,
at Vero Beach in Indian River Count Florida; that the attached co of advertisement, being
Y� PY g
Florida, teres hold a public hearing at which par-
ties in interest and citizens shall have an oppor-
tunity to be heard, in the County Commission
Chambers of the County Administration Build -
a
Ing, located at 1840 25th Street, Vero Beach,
Florida, on Tuesday. September 1, 1987, at 9:05
a.m. to consider the adoption of an Ordinance .
in the matter of •
enticed:
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING SEC-
TION 18 (A).2. CN: NEIGHBORHOOD I
COMMERCIAL DISTRICT OF APPENDIX
A OF THE ZONING CODE OF LAWS
AND ORDINANCES, KNOWN AS THE
ZONING CODE, PROVIDING FOR AN IN -
in the Court, was pub-
CREASE IN THE MAXIMUM LAND AREA
OF NEIGHBORHOOD COMMERCIAL
NODES, AND PERMITTING THE BOARD
.ry
���d /
OF COM/may TO DE -
lished in said newspaper in the issues of /%
CREASENTY THE MINIMUMS DISTANCE
/
SEPERATION BETWEEN NEIGHBOR-
HOOD COMMERCIAL NODES AND
OTHER NODES, COMMERCIAL CORRI-.
DORS, AND MXD AREAS; AND PROVID-
ING FOR REPEAL OF CONFLICTING
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
PROVISIONS, CODIFICATION, SEVER -
ABILITY, AND EFFECTIVE DATE
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
A copy of the proposed ordinance is available
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
at the Planning Department office on the second
floor of the County Administration Building.
ty. Florida, for a period of one year next preceding the first publication of the attached copy of
Anyone who may wish to appeal any decision
advertisement; and affiant further says that he has neither paid nor promised any person, firm
which may be made at this meeting will need to
or corporation an discount, rebate, commission or refund for the purpose of securing this
P Y P P 9
ensure that i h includes
record of the and
is made, which includes testimony and evidence
evi d evidence
advertisement for publication in the said newspaper.
upon which the appeal Is based.
1';2
Indian River County
Board County Commissioners
T
of
Sworn to and subscribed before me this day of _._,L_ A.D. 19
By: -s-Don C. Scurlock, Chairman
Aug.12,1987 ,
M?/'Oft�4
�3W rt0_ s Manager)
- .�/
(Clerk of the Circuit Court, Indian Iver County, Florida)
(SEAL)
10
- 4
PI de the following presentation
anr�er David Nearing ma ng
recommending denial and advised that the applicant had amended
his Original application by deleting the request to enlarge the
maximum size of the node to 4 acres.
TO: The ',Honorable Members
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
DATE: August 18, 1987 FILE:
SUBJECT: AMENDMENT TO CN, NEIGH -
Robert M. Kea in , A BORHOOD COMMERCIAL DIST-
Planning & Development Director RICT, PERMITTING SHORTER
DISTANCE SEPARATION -
FROM: David C. Nearing, 4op CCCC �- p
Staff Planner, Long-RangBhEE ENCE S.
It s requested that the data herein presented be given formal
con ideration by the Board of County Commissioners at their
reg lar meeting of September 1,1987.
DESCRIPTION & CONDITIONS
Mr. Steve Henderson, Attorney, acting on behalf of the Wilder
Corporation, has submitted a request to amend the text of the CN,
Neighborhood Commercial District section of the Zoning Ordinance.
The ;applicant is requesting a reduction in the minimum distance
separation between a neighborhood node and other areas where
commercial activities are permitted, such as other neighborhood
commercial nodes, nodes, MXD districts, etc. Currently, the
ordinance will permit a reduction of up to .10 of a mile (528
feet) to the one mile minimum separation distance, if the
following criteria are met:
(i) The proposed node is located within an area having a
land use designation of LD -2 or a higher density.
(ii) The level of service on all streets providing direct
and indirect service to the proposed node will not be
downgraded.
(iii) The creation of the node shall not increase the
potential for strip commercial development.
(iv) The residential character of the surrounding area shall
not be negatively impacted.
The Planning and Development Director is currently enabled to
grant this reduction. The applicant, however, wishes to allow a
reduction of up to .25 miles (1320 feet), in the one mile minimum
separation distance, to place the ability to reduce the minimum
separation with the Board of County Commissioners and to exclude
other neighborhood nodes at the same intersection from being
considered in the minimum separation distance.
The applicant's clients intend to place a neighborhood node at
the northeast corner of the intersection of 74th Avenue and S.R.
60. Currently, two neighborhood nodes exist at this intersection
at the northwest and southwest corners. These nodes were created
in June and September of 1985, respectively.
11
BOOK ' 69 PAGE 193
K
SAF 1 1987
.s
600K 6 : PAGE194
On July 23, 1987, the Planning and Zoning Commission voted 5-0 to
recommend denial of this request. The reason for denial was to
prevent the unofficial creation of commercial nodes at
intersections and to prevent the detrimental impact on
surrounding areas which could be caused by permitting more
commercial activity at intersections than permitted under the
current code.
Since the July 23, 1987, meeting, the applicant has withdrawn the
portion of his original request which would have permitted a
neighborhood commercial node to be enlarged from the current
maximum size of 3 acres to a 4 acre maximum size.
ALTERNATIVES & ANALYSIS
In this section an examination of the reasonableness and impacts
of this request will be considered in relation to the purpose and
intent of the CN ordinance, the proposed land use patterns, and
the characteristics of potential locations.
Purpose and Intent of the CN District
The purpose and intent of the CN district is to implement the
comprehensive plan policies for managing neighborhood and
tourist/commercial nodes, and to provide areas for the
development of highly restricted commercial activities to serve
primarily the residents of the immediate area. This district is
further intended to limit the intensity of commercial activities
in order to preserve and ensure compatibility with the
residential nature of a residential area.
In examining this request, several inconsistencies can be. seen
between the purpose and intent and the proposed amendments. The
intent is to provide an area for commercial activities to serve a
specific residential area. This type of service was intended to
include small scale service and retail activities which will not
draw a large number of customers from areas other than those
which the node was intended to service. If existing neighborhood
nodes at the same intersection were excluded from the minimum
distance separation criteria, a substantial amount of additional
commercial property could be developed at intersections. Instead
of one three acre node, an intersection could accomodate four
neighborhood nodes, each having up to three acres. The added
commercial development would attract more customers from areas
other than the immediate area, resulting in increased traffic and
often producing a detrimental effect on adjacent residential
areas. Increased traffic could also impact the streets which
provide direct and indirect access to the neighborhood node,
causing additional impacts to areas not immediately adjacent to
the node.
Impact on Land Use and Traffic
Decreasing the minimum separation between a neighborhood node and
other commercial areas will also increase the potential for strip
commercialization. Strip commercial development is detrimental
to all road classifications, i.e., arterials, primary and
secondary collectors, etc., as it decreases the ability of the
roadway to properly and freely move traffic because of excessive
turning movements. Even though marginal access roads are
required along arterials and primary collectors, access roads are
not required on secondary collectors which are generally situated
in close proximity to residential areas. Even if a marginal
access road is utilized, it will serve little purpose if the site
has a small amount of frontage on a roadway requiring it. In
this case the same number of curb cuts could still result.
By permitting the exemption of other neighborhood nodes from the
minimum distance separation requirements, it is conceivable that
two to four, three acre neighborhood commercial nodes could be
12
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located at the same intersection. In effect, this would permit a
6-1i acre commercial node to be located at each intersection
within .75 to 1 mile of another. The impact of 6-12 acres of
commercial activity at an intersection could have a substantial
impact on the level of service for that intersection.
Even though the CN district ordinance recommends that development
should be limited to only 25% of the total site area, it is still
possible, if conditions permit, for a three acre node. to
potentially contain over 52,000 sq. ft. of commercial use. If
each, intersection of a major roadway within .75 miles of another
contained two 3 acre nodes, as would be permitted by the proposed
ordinance, this would permit up to 104,000 sq. ft. of commercial
activity at each affected intersection. If this occurred in a
residential area, it would be contrary to the purpose of the node
concept by permitting clusters of commercial activity to exist
within one mile of each other within a residential area.
Permitting such increased frequency of commercial areas could
have detrimental impacts on the residents of the entire County.
Once 6-12 acre commercial areas were established at 3/4 mile
intervals, others lying between these commercial areas could be
encouraged by the evolving land use pattern to apply for a
co eral land use and zoning designation in an attempt to
in
f 11 cciommercial zoning between the established commercial uses.
Lar a numbers of property owners could join in requests to
est blish additional nodes along County roadways creating strip
co ercial areas and destroying residential development patterns.
Inc eased strip commercial patterns would not only downgrade the
levepl of service of roadways, but also cause decay of stable
residential areas and discourage residential development in these
areas.
Analysis
Currently, the ordinance is structured to allow only one
neighborhood node at an intersection. This spacing could be
affected by the side of the road at which a node is placed. The
separation distance from neighborhood nodes is further intended
to separate small commercial areas, which are primarily designed
to service specific areas, from one another to avoid strip
commercial activity and incompatible mixtures of larger
commercial and residential uses.
Permitting the location of more than one neighborhood node at the
same intersection will allow applicants to circumvent the process
for, commercial node creation. It will also permit major
commercial areas ranging from 6-12 acres in size to locate in
residential areas at intervals of one to .75 miles, causing more
intense commercialization than intended.
Permitting shorter or no separation between neighborhood nodes
andj other areas of permitted commercial activity has the
potential to downgrade levels of service at intersections and
failing to permit dispersion of traffic formed by concentrations
of commercial development.
Large concentrations of commercial development will cause
increased traffic from all directions, including any residential
areas in proximity to the node area. Increased traffic will pose
safety hazards to pedestrian traffic which can be expected to
increase and will have detrimental impacts on the residential
nature of the area which the node was intended to service.
It is staff's position that the proposed amendments would be
inconsistent with the comprehensive plan's intent for providing
neighborhood nodes and would adversely impact the orderly
development patterns envisioned by the plan. Conditions
"EP 1 3 BOOK '.69 PAGE195
BOOK 69JACE196'
which would warrant this amendment have not changed; this can be
demonstrated by the relative lack of requests for this
neighborhood node designation and the lack of conflict due to the
current ordinance.
RECOMMENDATION
Based on the analysis performed, staff recommends that the
Planning and Zoning Commission deny this request to amend the CN,
Neighborhood Commercial District.
Commissioner Eggert believed in addition to neighborhood
nodes, there is an allowance for some commercial within a PRD.
Planner Nearing confirmed that if you have a PRD with more
than a certain number of units, you can have a small amount of
retail or commercial activity within that PRD, but it is intended
to service only that particular development.
The Chairman reviewed how a public hearing is conducted and
asked the applicant to make their presentation.
Attorney Steve Henderson came before the Board representing
Wilder Corporation, the applicant. He noted that obviously they
would not go to the trouble of trying to get the ordinance
amended if they didn't have a site in mind, and that site is
about 3.5 acres, which constitutes the northeast corner of 74th
Avenue and SR60, or roughly speaking, the southwest quadrant of
the Village Green project. He advised that Wilder purchased
Village Green in 1985. That project was developed by Earl Groth
in the 170's when the County did not have a PRD ordinance. Mr.
Groth, however, did come in with a master land use plan to show
commercial in the southwest corner of his project to serve
primarily the needs of the 900 some units that were eventually to
be developed in Village Green. In 1980 there was activity
involving the reduction of that zoning and the staff made a
recommendation indicating "that the proposed rezoning will
decrease the total C-1 commercial area of the parcel and expand
the remainder along Route 60. This proposed C-1 commercial area
is anticipated to meet the general location and design guidelines
for neighborhood commercial as outlined in the draft Comprehen-
sive .Plan."
Those changes occurred in 1980, but when the Plan
-14
M-
was adopted in 1981, no allowance was made for this property. In
1986 ,the property was actually rezoned from its commercial
category through a conversion procedure with no direct notice to
property owner.
JAttorney Henderson continued that his client is looking for
a way to get the zoning back, and one way is to qualify for
neighborhood commercial, but this property is automatically
disqualified because there is a node across the street on the
north est corner, and also further west are the boundaries of the
1-95 Rhode. Attorney Henderson believed the one mile separation
rule became a problem early on because the major intersections on
SR60 are all about a mile apart with the result that if develop-
ment is allowed on one corner of an intersection, it automat-
ically disqualifies the next intersection. If staff were to use
existing criteria and plot out where any neighborhood nodes could
be located now, Attorney Henderson believed that, if the other
quadrant did not already have a node, this would be the only
location that could qualify.
(Chairman Scurlock noted that Mr. Henderson is arguing that
according to Mr. Groth's original plan, they were planning for
this commercial all along and it was taken away from them;
however, that same plan also said this beautiful entrance would
be maintained forever as a nature trail, and that has been taken
away.
Commissioner Eggert pointed out that a deviation of about
20% has been allowed from the one mile separation provision, and
Chairman Scurlock further pointed out that the piece in question,
which they wish to use as commercial, comes in very close
proximity to some of the mobile homes, and this differentiates it
from the other quadrants of the intersection.
Attorney Henderson believed this may be the only intersec-
tionlwith two neighborhood commercial nodes at the same intersec-
tion; and he has wondered why they didn't disqualify each other.
Perhaps the separation distance wasn't in place at that time.
15 BOOK 6 PACE
x.97
SEP
SEP 1 BOOK ; 69 pgf 198
Planning Director Keating confirmed that it was not.
Commissioner Bird knew that Attorney Henderson was here when
we went through the long detailed process of adopting our Master
Plan; we obviously had our reasons for these provisions. and he
felt it is a little premature to make any major amendments.
The Chairman asked if anyone present wished to be heard.
Ray Scent, 71st Court, noted that he lives in close
proximity to this area, and in fact, the reason that he did not
choose to locate at Village Green was because, although their
literature stated there would be a commercial center at that
corner to serve Village Green, it wasn't available at that time.
He continued that as a nearby neighbor, he would have no
objection to a neighborhood node on that corner.
Preston Miller, president of the Woodland Home Owners Assoc-
iation Village Green, Phase 1, and also president of the Village
Green East Home Owners Association, came before the Board to
speak on behalf of all of Village Green. Mr. Miller wished to
comment that the present zoning being RMH-8 came about because
Florida Atlantic wanted to move their sales section from the rear
of the park to the front of the park, and they made a presenta-
tion to the Board saying they had no use for that property as
commercial property, and they wanted to change it to mobile home
park. The sales office was erected, the homes were placed on
that property, and today there are still seven homes on the
property that was unanimously rezoned by this Commission to
mobile home park. The reason for the request before the Board
today is that the present owner wants to sell off a portion of
the park bordering on SR60 to be developed by others as
commercial. Mr. Miller believed the Master Plan was formulated
to forestall haphazard development in the county, and changing
the Plan as requested would negatively impact the residential
character of the surrounding area. Mr. Miller then reviewed the
history of the property dating back to the Seminole Indians and
quoted from Village Green sales literature, which cited their
7
16
"arboretum" and an mentioned a agreement with the Count Commission
g y
that 'the mobile home park would be designed without disturbing
the beautiful trees and lake. He advised that in 1977 Village
Green was rated the No. 1 mobile home park in the state of
Florida. Mr. Miller urged that the request to amend the
ordinance be denied.
Chairman Scurlock asked how many in the audience supported
Mr. Miller's statements, and around 100 people raised hands.
(Wayne Gerhold next spoke in behalf of the residents of
Villai'ge Green (about 782 homes with approximately 11,000
residents). He pointed out that they have experienced four park
ownerships since 1975, and with each change in ownership came new
problems. Mr. Gerhold emphasized the desirability of keeping our
only entrance from the west attractive. He noted there is
enthusiastic talk of revitalizing the downtown area, and he felt
the same attention should be given to SR 60 leading into the
downtown area. Mr. Gerhold stressed that the request made by
the Wilder Corp. would bring commercial to within 12' of the
existing homes bordering the proposed site and urged the Board to
deny ',the request to amend the ordinance.
Steve Nagy, Village Green, noted that Mr. Scent said earlier
that,the reason he did not move to Village Green was because the
commercial convenience center wasn't there; however, most of the
people present today did move to Village Green just because it
wasn't there. In addition, the proposed commercial would be
right next to some of the mobile homes, and Mr. Nagy advised that
he and the other residents very much oppose the requested change.
;The Chairman, upon determining that no one further wished to
be heard, declared the public hearing closed.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, to deny the request for a
change in the Zoning Code which would permit a shorter
distance separation between neighborhood nodes.
17
SEP 1 1997
BOOB
6r PACE 199
1 1987 aolir< �9 PACE 200
Commissioner Eggert believed that both the Planning & Zoning
v
Commission and this Board have studied this matter for a long
time, and she did not want to see any further erosion in the
distance between the commercia•I nodes.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
APPEAL OF DECISION TO GRANT ASSOC. FOR RETARDED CITIZENS A PERMIT
FOR A LEVEL I GROUP HOME
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:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attacned copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County. Florida, each daily and has been
entered as second class mail mager at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this day of A.D.19
aj,
n anagen)
(Clerk of the Circuit Court, Indian River County, Florida)
(SEAL)
18
NOTICE OF PUBLIC HEARING
Notice of Public Hearing 4o consider the ap-
peal of administrative permit approval for a
Level I Group Home. The subject property is pre-
owned by the Association for Retarded
Citizens of Indian River County and is located at
138616th Avenue.
The subject property is described as:
DESCRIPTION: Official Records Book
0664, Page 2289, beginning at North-
west corner of Southeast one-quarter of
Northeast one-quarter, Section 11,
Township 33 South, Range 39 East, run
East on the North boundary line of said
Southeast one-quarter of Northeast one-
quarter, 164.5 feet; thence run South
parallel to West boundary line of said
Southeast one-quarter of Northeast one-
quarter, 137.5 feet; thence run West par-
allel to North boundary line of said .
Southeast one-quarter of Northeast one-
quarter, 164.5 feet to the West boundary
line of said .Southeast one-quarter of
Northeast one-quarter, thence run North
on the West boundary line of said South-
east one-quarter of Northeast one-quar-
ter to the Point of Beginning. said land
tying and being in Indian River County,
Florida j
A public hearing at which parties in Interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County. Florida in the
Commission Chambers of the County Adminis-
tration Building, located at 1840 25th Street,
Vero Beach, Florida on Tuesday. September 1,
1987 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
Is made which includes thrl testimony and evi-
dence upon which the appeal will be based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY: -s- Don Scurlock, Jr.,
Chairman
Aug. 12, 1987
e a �
Chief Planner Stan Boling made the following staff presenta-
tion,, emphasizing that staff recommends upholding the Planning &
Zoning Commission to grant permit approval for the Retarded
Citizens group home, which will be located right across from
their work center near the Elementary School.
T0: The Honorable Members of DATE: August 21, 1987
FILE: -
the Board
of County Commissioners
DIVISION
HEAD CONCURRENCE:
.
AN APPEAL OF
THE DECISION
SUBJECT:
TO GRANT THE
ASSOCIATION _
Robert M. Keat' g,wDirector
FOR RETARDED
CITIZENS
Planning & Developm
AN ADMINISTRATIVE PERMIT
6,
FOR A LEVEL
I GROUP HOME
THROUGH:
Stan Boling A.
IN.THE RS -6
ZONING
Chief,
Current Development
DISTRICT
FROM: John
W. McCoYet' REFERENCES: ARC
S
aff Planner
JOHN2
It is requested that 'the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of September 1, 1987.
LOCATION AND DESCRIPTION:
Carteir and Associates has submitted a request on behalf of the
Assoc'liation for Retarded Citizens to receive Administrative Permit
appro'val'to operate a Level I group home in an existing residence.
A Level I group home can house up to 8 individuals under H.R.S.
regulations. This home would be used as a residence for retarded
adults who need some assistance with independent living. The
residents would be employed at the work center across the street
throughout the day and return home in the evening. The residents
would be assisted by group home parents. Essentially, this
residence would remain residential in nature; only the people
living at this house would be unrelated by blood and mentally
handicapped.
The above mentioned request was accompanied by a concurrent
request for minor site plan approval which was granted by the
Technical Review Committee (T.R.C.). The site plan satisfies all
of the requirements of the site plan ordinance and the regulations
for specific land use regulating group homes.
The Planning and Zoning Commission, in concurrence with staff's
recommendation, voted unanimously to approve this administrative
perm, ''t use at their July 9, 1987 meeting. Mr. Jerry Metcalf, an
owne of property within the neighborhood of the subject site,
subsequently appealed the decision of the Planning and Zoning
Commission in his attached letter dated July 23, 1987. Pursuant
to section 27.4(d) of the zoning ordinance, the Board of County
Commissioners hears appeals of decisions made by the the Planning
and ZIoning Board.
. g BOOK 69 PACE auI
SEP 1 .961
L-
r SEP 1 .1987
800K 6g PACE20
SITE PLAN ANALYSIS:
1. Total Parcel Size: 14,267 sq. ft. or .33 acres.
2. Zoning Classification: RS-6, Residential Single Family
3. Land Use Designation: LD-2,-Low Density Residential (allow-
ing up to 6 units/acre).
4. Building Area: 2,560 sq. ft.
5. Off -Street Parking Required: 4 spaces
Provided: 4 spaces
6. Traffic Circulation: The site will utilize a 22' wide
two-way drive to access 16th Avenue.
7. Landscape Plan: The landscape plan is in accordance with
Ordinance 84-47.
8. Drainage Plan: The proposed drainage plan has been approved
by the Public Works department.
9. Proposed Utilities: The home is currently on city water and
private septic. The owner is investigating the feasibility
of connecting to the city wastewater treatment system.
10. Surrounding Land Uses/Zoning: North: Residential/City of VB
South: Residential/RS-6
East: Residential/RS-6
West: ARC Center/RS-6
The proposed site meets the following administrative permit
criteria:
1. The site plan shall denote the location of all structures,
parking facilities, and the circulation plan for all adjacent
sites, pursuant to the requirements of Section 23.
2. A floor plan showing the location, size, and space uti-
lization of each room shall be submitted.
3. The applicant shall submit a signed affidavit stating that
all applicable regulations of the State of Florida and Indian
River County as exist or may hereafter be amended have been
satisfied.
4. The use shall satisfy all applicable regulations of the State
of Florida and Indian River County as currently exist or may
hereafter be amended.
5. For residential centers, approving body shall determine that
the proposed use is compatible with the surrounding neighbor-
hood in terms of intensity of land use.
6. To avoid unsafe or unhealthy conditions that may be produced
by the overcrowding of persons living in these facilities, a
minimum floor area per person shall be required. Floor area
requirements shall be measured from interior walls of all
rooms including closet space.
-- Total Interior Living Space. A minimum of two hundred
(200) square feet of interior living space shall be
provided per facility resident. Interior living space
shall include sleeping space and all other interior
space accessible on a regular basis to all facility
residents.
20
�_J
-- Minimum Sleeping Areas. A minimum of eighty (80) square
feet shall be provided in each sleeping space for single
occupancy. A minimum of sixty (60) square feet of
sleeping space shall be provided for each bed in a
sleeping space for multiple occupancy.
-- Bathroom Facilities. A full bathroom with toilet, sink
and tub or shower shall be provided for each five (5)
residents. An additional toilet and sink shall be
provided for each additional group of four (4) persons
or less.
7. !To avoid an undue concentration of group care facilities in
one area, all such facilities shall be located at least 1,200
feet apart, measured from property line to property line.
8. If located in a single family area, the home shall have the
appearance of a single family home. Structural alterations
'shall be of such a nature as to preserve the residential
character of the building.
••9. The facility shall satisfy all applicable off-street parking
requirements of Section 24. The facility shall meet or
exceed all open space requirements for the respective zoning
district.
10. The maximum capacity of such facilities shall not exceed the
pplicable number permitted by the Department of Health and
ehabilitative Services.
ANAL) S OF APPEAL:
Mr. Metcalf, who has appealed the Planning & Zoning Commission's
approval, has delineated several reasons for the appeal. In
essen6e, his reasons are as follows:
1. The property is zoned for single family residential use and
the proposed use does not conform to this district.
Staff's Response: A level I group home is a single-family use and
does conform to the district requirements. As an administrative
permit use, a group home must be approved by the Planning and
Zoning Commission before this use may be located in any residen-
tial district. The existing house will maintain its residential
appearance.
2. Many surrounding residents are opposed to the group home.
Staff's Response: This particular administrative permit use is
handled as a special exception use for advertising and notifi-
cation purposes. This gives the neighbors adequate notification
to participate in the public planning process and let their views
be aied. These views were heard by the Planning & Zoning Commis-
sion :nd were taken into account in its decision.
3. The house is not built to accommodate the number of adults
proposed for the group home.
Staffs Response: This site plan has demonstrated that it meets
all County and H.R.S. criteria applicable to a Level I group home
for 1lnterior space and adequate facilities for the number of
adult proposed to be housed there.
4. The house will utilize a septic system.
Staff's Response: All homes in the neighborhood presently utilize
septic systems. This home will have two septic systems which have
been approved by the County Environmental Health Department for
PAGE
21 BQOK . <.
E P I 119 8`81 7
BOOK 69 PAc-204
this type of use. The applicant is currently investigating the
possibility of connecting to the City wastewater system.
5. The group home could be changed into a half -way house.
Staff's Response: The site plan ordinance and administrative
permit criteria would prohibit any transfer of ownership or change
of use without further review, notice to surrounding property
owners, and approval by the appropriate County body.
6. The group home is located close to Vero Beach Elementary and
Vero Beach High schools, with associated high pedestrian and
vehicular traffic.
Staff's Response: The proposed• group home is a low traffic
generator and would generate about as much traffic as a single
family home. As to impact on the proposed home from the schools,
this would be comparable to the impact on a single-family house.
7. The group home would substantially change the character of
the -neighborhood and would decrease property values.
Staff's Response: This group home should function and appear like
any other single family residence. Information provided to the
Planning and Zoning Commission included an excerpt from the Mental
Health Law Project report, a publication which addresses the
effect of group homes on property values. The report, a copy of
which is included in the attached minutes, condenses many studies
which show no negative compatibility or property devaluation
effects of group homes for the mentally handicapped in single
family neighborhoods. Since the group home must be compatible
with adjacent properties, it will not change the character of the
area.
RECOMMENDATION:
Based on the staff's analysis, it is recommended that the Board of
County Commissioners uphold the decision of the Planning and
Zoning Commission to grant the Association for Retarded Citizens
administrative permit approval for a Level I group home.
Chairman Scurlock believed this issue is a substantial one
in that we probably will have a number of group homes of various
types coming before the Board and advised that he has discussed
this matter at length with the new Executive Director of the
Association for Retarded Citizens, who has recently relocated
here from California. The Chairman had no problem with the
concept of group homes, but he did have a problem with their
intensity and where they are located. He believed there is a lot
of misunderstanding about group homes and that we will have to do
a lot of educating to show the general public just what we are
talking about. It seems everyone is for such facilities just as
long as they aren't in their neighborhood. His only question on
this one is the intensity, which is proposed at 8, and he would
22
prefer 4 to 5 in this particular situation. He noted that the
first group home is very important because its success will mean
a lot in terms of future group homes.
Commissioner Bowman understood there is a group home for
womenithat has been in the county a number of years and has been
very successful, and Commissioner Bird believed there is a group
home ,for retired priests also.
Planning Director Keating advised that it is within the
Board's purview to establish the intensity of the group home, but
pointed out that staff spent a lot of time drafting this recom-
menda,tion, which established an upper limit of numbers and in
doing', so, relied heavily on HRS standards. Up to 8 was an
overall limitation for Level I homes.
Commissioner Bowman believed there is some question of
economics involved in this also.
The Chairman asked if anyone present wished to be heard.
Jerry Metcalf, 1375 15th Avenue, came before the Board
representing residents of the neighborhood in question, and
advised that he appealed the decision of the Planning & Zoning
Commi�,ssion. He first wished to address the definition of
rradmil',nistrative permit." From his point of view the administra-
tive'permit amounts to the same thing as a zoning change because
it changes the character of the neighborhood. The residents of
Braeburn Park and Rivenbark Subdivision have invested their money
and established their homes there, and the whole neighborhood is
singi''e family with an average of about 4 members to a household.
Mr. Metcalf stated that at the Planning & Zoning Commission
meeting, he presented a petition signed by every adjoining
property owner and most of the property owners in the entire
neighborhood asking that the permit for the group home be denied,
and it was made part of the record.
Chairman Scurlock noted that the state has mandated that
group homes be placed in residential areas, and asked Mr. Metcalf
wherc he would place them.
23 >;
BOOK. 69 PACE205
L
aool< 69 'PAC 2ns
IEP I
Mr. Metcalf stated that he has not studied the issue, but
given the choice of putting them in a single family neighborhood
or a multi -family neighborhood, he felt the multi -family would be
more appropriate.
Commissioner Eggert understood that the house proposed for
the group home was previously used as a foster home and asked how
_many people were in it then.
Mr. Metcalf believed the most he ever saw were two or three
at one time, and the residents had two children of their own.
Commissioner Eggert noted then there were at least 4
children and 2 adults occupying the home at one time, and this
was confirmed by Mr. Metcalf.
Mr. Metcalf stressed that their neighborhood already houses
and supports the Sheltered Workshop and the ARC preschool, and he
felt another facility of this nature would be a pretty high
concentration of these type facilities in one neighborhood. He
agreed that undoubtedly from the financial aspect, it would be
very handy to have the group home across the street from the
Sheltered Workshop; however, he reminded the Commissioners that
they are elected representatives and must give consideration to
the will of the electorate. He urged that they not allow any
further deterioration of the neighborhood and requested the
permit be denied.
Dean Luethje, engineer of Carter Associates, informed the
Board that they did all the technical work on the site plan, and
all the requirements to put this Level I group home in the
designated spot have been met. Mr. Luethje emphasized that this
is not a zoning change; it is an administrative permit for this
particular use only; and it received the unanimous approval of
the Planning & Zoning Commission. He further pointed out that
the house in question is located on a lot 1/3 of an acre in size.
The zoning in that area is RS -6, which requires a minimum of
7,000 sq. ft.; so this actually equals over two lots for the
zoning in that area, and it, therefore, would be possible to
-. 24
build two homes on that property. Mr. Luethje then introduced
the new Executive Director of the Association of Retarded
Citizens, Tommy Thompson, and Attorney Paul Kanarek, a member of
the Board of Directors of the ARC.
Attorney Kanarek reviewed the history of the formation of
the Association of Retarded Citizens which goes back to 1974 when
a group formed the Sheltered Workshop for retarded children who
needed assistance in learning daily skills. This workshop has
beenlln operation for 13 years, and they never have had a problem
with the neighbors. Later a group formed the Association for
Retarded Citizens and then the two groups merged. The
Association for Retarded Citizens now has an operating budget of
about! $750,000, a staff of 40 employees, and operates a number of
programs, including infant intervention. They are constructing a
pre-school on the property just adjacent to the Sheltered
Workshop. That and the Sheltered Workshop are operated during
the daylight hours. The Workshop provides training to
apprdximately 50 clients, and various organizations throughout
the community provide work for them and help them become self-
supporting. They have been supported by 31 groups and organiza-
tion in the community, two of their main supporters being the
Treasure Coast Kiwanis Club and Knights of Columbus Council.
Attorney Kanarek informed the Board that when this house was
purchased, it was being used as a licensed foster care facility;
14 children were living in the home along with the adults; and
there were substantial problems with the septic tank, which was
overflowing into the back yard. He stressed that their group
homeA s a home and will be operated as a home, and it is no
different than a family living next to you.
At this point Chairman Scurlock wished it read into the
record that we have received an additional 26 letters in support
of the group home. Said letters are on file in the Office of the
Cler
SEP: I AIN 25 BOOK 69, ,PAGE 20 l ``
9,
SEPI BOOK 69 PACE
Tommy Thompson, the new Executive Director of the Associa-
tion of Retarded Citizens, advised that his experience with group
homes over the last 20 years has included a number of residential
programs. In California, it is very true, the issue of numbers
of people, the types of programs and thoughts about how you are
going to fit in the community are very important. They have a
-law in California, however, that makes it extremely easy to open
up homes for people with developmental disabilities. If you meet
the licensing requirements, there is no appeal process, but that
does not eliminate the organization's responsibility for being
good neighbors.
Mr. Thompson assured everyone that they want to have the
residents in this home be good citizens and fit in the neighbor-
hood, and they want the home to fit in with the trend for
deinstitutionalization of these people. If all states had ample
funds, then you could have very small groups with a 1 on 1 basis,
or 1 on 2, but economics do not allow this. The ARC, therefore,
necessarily has looked at the property involved in relation to
state regulations and economics as well as compatibility, etc.
He emphasized that the clients who are projected to live in the
home are more normal than abnormal and have the same needs as
other people; some will actually have jobs and be taxpayers; and
the Association has a better knowledge of these individuals than
most people in the neighborhood have of their neighbors. They
are not destructive individuals, but just have low intellects and
need supervision, which is the role of the house parent.
Further, they will not complicate traffic congestion because
their work program does not start until 9:00 A.M. which is after
regular school starts.
Chairman Scurlock wished clarification about the number
intended for this particular home, and Mr. Thompson stated that
they are talking about eight. The state funds clients on a per
client basis; so, you have a unit cost that must be considered.
26
(Chairman Scurlock asked if the eight is plus parents, and
Commissioner Eggert believed it is 6 clients plus 2 parents, or 8
residents.
Chairman Scurlock asked what it would mean if they only had
2 to 4 clients, and Mr. Thompson stated that they would lose a
significant amount of money. He noted that the group homes he
ran iCalifornia averaged a loss of $36,000 a year -between what
the state would pay and the actual costs, and they had to do fund
raisiing to make up the difference.
Commissioner Wheeler wished to know how many residents there
are in the women's group home and how long it has been in
operation. He was advised there are 7 -residents and 2 parents,
and it has been in operation 6 years.
iscussion continued re the fact that the more residents you
have,1the better you do economically, but there are other factors
to belconsidered and it must blend in with the neighborhood.
Robert Lang, Vice President of the Association of Retarded
Citizens and chairman of the committee who did the study on the
group1home, informed the Board that they looked at what their
resources were from the state, which are always insufficient to
satisfy their needs, and then looked at their other sources of
support, i.e., contributions from the Kiwanis, Knights of
Columbus, the United Way, etc., and identified what they could
reaso,,nably support in terms of economics, and 8 was the optimum
amount of clients.
(Chairman Scurlock asked if 6 would make it a no-go proposi-
tion and Mr. Lang stated they would have to find other sources_
of funds to make up the difference, and it would complicate their
program very much.
averi
Mr. I
stat(
$6,5;
Commissioner Eggert wished to know what they figure as the
ge cost per year for each of the people in a group home, and
,ang stated that the yearly cost for one of these people in a
institution averages $14,400 while in a group home, it is
16 each.
SEP 27
-69 .909
PAGE
BOOK 1 69
Chairman Scurlock asked what they get funded from the state
for each client, and Mr. Lang advised that it depends on the
extent of their disability. He believed the top of the scale if
$469 per month and it drops to $412. They would lose $12,000 to
$14,000 if they had to drop 2 clients.
Commissioner Eggert wished to know how much their operating
budget will be and how much of that would be covered by the state
with 8 people in the home, and Mr. Lang stated that the
deficiency between their operating budget and what the state
would pay is about 800. He stated that in this particular home
there would be 8 clients, but Board members indicated their
understanding was that the home would contain a total of 8
residents, including parents.
Discussion continued as to whether the intent was 8 clients
plus parents or 6 clients plus 2 parents and continued on to
various combinations, i.e., 7 clients plus 1 parent.
Commissioner Eggert believed a home environment is stressed,
and while she realized we have one parent families, what:has
always been presented to her is that there will be a couple
there, which she felt will be more representative of a family
environment.
Mr. Lang noted that he mainly came before the Board to
assure people that the Association is very concerned about
property values and will be working to see they are maintained.
In fact, he assured the Board that the group home not only will
be a credit to the community, but they will make it a show place.
Marlene Kaiser informed the Board that she has been working
for the Department of Health 8 Rehabilitative Services here for
the last month and has been involved in setting up at least 10
group homes in Montana, which had at least 8 clients and 2
parents. Ms. Kaiser stressed that we are not talking about
putting 8 teenagers where each one has a car and will have all
kinds of friends coming nor 8 little children. We are only
talking about people with a little less intelligence, and they
28
also 'have a lower energy level. Actually they make very fine
neighbors, and can contribute to the neighborhood.
(William Koolage, 815 26th Ave., supported the concept of
group homes, but he felt the Board has opened up a large area by
addressing group homes in general and that it should be defined
cleanly. He was concerned about group homes for elderly citizens
who dant live independently. Mr. Koolage encouraged the
concept.
Ray Scent, concerned citizen, noted that 45 minutes have
beenlspent talking about economics, which he finds abhorrent.
The group home already has been given a permit; there are state
agencies that determine the standards needed for these type
faciljities; and he felt strongly that you don't put dollar values
on human lives. He felt the only thing germane to the issue is
whether we can put together a family group that can live in a
neighborhood - not the dollars.
Commissioner Eggert believed that it behooves the County
Commllssion and the Planning Department to determine whether this
home ',has been planned for in a way that it will be successful.
William Streeter, president of the Association for Retarded
Citizens, presented the Board with a petition signed by about 240
citilens in support of the group home. Said petition is on file
in t e Office of Clerk to the Board.
Thomas Dixon came before the Board representing the
Vero/Treasure Coast Kiwanis Club, which has been supporting the
ARC In all its projects since 1979. He advised they are very
much,in support of the group home. they stand ready to assist the
ARC in any project they have; and they feel they will be a very
good neighbor.
Warren Winchester, noted that while he is a Vero Beach City
Coun ilman, he is here speaking both as a private citizen and as
one of the Board's appointees to District IX Mental Health Drug &
Alcohol Advisory Council. Mr. Winchester believed there is a
needlfor group homes related not only to mentally disabled, but
29 ROOK ' 69 4AGE 211
SEP1 19�
BOOK S9 PACE212
also those who are emotionally disabled, for addicts who are
trying to recover and need halfway houses, for the young and for
the old. He agreed the issues of density and economics are both
very important, and the City is also looking into their zoning
regulations in this regard. Mr. Winchester felt that there is
consistent agreement among professionals that somewhere around 8
clients plus house parents is the appropriate mix in the case of
the mentally retarded, and he urged the Board to sustain the
Planning & Zoning Commission's decision.
Frank Julian came before the Board representing the local
Knights of Columbus. He advised that their organization of about
400 members have supported the ARC in every endeavor and raise a
lot of money for them. He believed we can be proud of anything
the ARC does.
Mr. Metcalf wished to have some things clarified. It was
said earlier that the house previously was being used as a foster
care facility with 14 children. The people who operated that
house as a foster care facility moved out 3 or more years ago,
and only one family has lived in it since then. If there was an
open sewer there, he is very concerned, because he believed that
was supposedly policed and controlled by our health officers.
Mr. Metcalf also felt the -questions about the money to operate
the home and how the home will be operated are fundamental
questions that have to be answered, especially before a facility
is put in that is going to impact the community as he feels it
will. As to so-called house "parents," Mr. Metcalf understood
the occupants are not children, but actually male adults ranging
between 20 to 50 years in age, and he had thought the plans were
for 8 people total. Anything more than that he felt represents a
congregate living facility, and Mr. Metcalf stated that he still
resents having his neighborhood being put on the block in the
trade-offs being made.
Commissioner Eggert believed that any septic problem is
being dealt with and a septic system is -going in.
a
30
7_1
1
Mi
17J
s
ikuth Echanes informed the Board that in addition to raising
10 children of her own, she has taken care of 57 foster children
over lithe years. Mrs. Echanes noted that she was asked some years
back lif she wished to take on a Down's Syndrome child. She
accepted the child and when he was 2 years old went to HRS to see
if there was a school for him to go to, but was told there were
none.', She then wrote to Senator Ted Kennedy about the problem,
and as the years have gone by, our government has accepted these
people and insisted they be taken care of from the time they are
born until they are 18. Mrs. Echanes continued that she took
care I!of this child until 1982, when she was 72 years old, at
which' time she asked the state if she could adopt him, which she
was allowed to do. He has since graduated this year from the
special school in Fort Pierce with honors and has brought home
medals from the Special Olympics.' She noted that her point is
that the group home was a salvation for her since she will be 79
next month, and if her child cannot go into this group home, he
has no place to go. She then introduced her son, John, who stood
up amidst much applause.
Nancy Bryant, president of the Mental Health Association,
advised that the DHRS is working closely with them in educating
the public on what these group homes are, and she has brochures
and video presentations available on the subject of group homes.
A copy of the brochure is on file in the Office of Clerk to the
Board.
,Beverly Earl, teacher at the Sheltered Workshop, commented
that 'at one time she knew this population existed, but did not
want,to recognize it. She now works with them, and the last
threei years have been a beautiful experience for her. She also
has had the experience of supervising the group home for ladies.
Ms. arl noted that she refers to the ladies as her children
despite their ages, and described how she takes them shopping, to
the t ank, to the art gallery, the theatre, and has never had a
problem with them; they are a family oriented group.
SES 1
1957 31 KOOK 67s PACE211-,
SEP 1 .1987
BOOK 69 PACE214
Executive Director Thompson wished the Board to know that
the packet of information supplied to each Board member was also
distributed to the neighbors to answer some of their questions
and concerns. They did open up their facilities for open house
yesterday and are intending to have open house in the group home
when it is open. He thanked the Board for the time given them to
make their presentation.
There being no one else to be heard, the Chairman declared
the public hearing close.
Commissioner Bird noted that he has had the real pleasure of
working closely with the ARC since 1980; he has never met a more
dedicated and caring group; and he has the utmost confidence they
will refurbish and maintain the home in a way to be an asset to
the neighborhood.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously denied
the appeal and supported the P&Z's decision to
grant administrative permit approval for a Level
I Group Home with a total of 8 people in the
home, including clients and parents.
RESPONSE TO DER LETTER RE BEACH RENOURISHMENT PROJECT
Public Works Director Davis explained that every year the
county submits an application through the DER for the sand
pumping project in Vero Beach. It is a fairly routine process,
and every year the DER has recommended our project be included in
the state's public works program to go to the federal government
for funding, with the condition that the DER be able to review
the environmental impact statement for the project. Now that the
project has been somewhat revised by the Corps of Engineers, they
are also requesting their approval at this time be conditioned on
their_ review of the revised project.
32
They are just asking us to
r
sendlthe letter indicating that we understand these two condi-
tionsl and will comply. They are asking this letter be sent
prior to September 7th, and we just received their letter today.
Mr. Davis noted that he, therefore, is requesting that the Board
authorize staff to prepare a letter for the Chairman's signature
indicating that the county understands these two conditions and
willcomplywith the DER's conditions.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously authorized
staff to prepare a letter for the Chairman's signature
as described above.
FOR MEDIAN CUT ON KING'S HIGHWAY - FLORIDA NATIONAL BANK
The Board reviewed memos from the Public Works Director and
Assistant County Attorney Brennan, as well as letter from Mr.
Curtis, President, Florida National Bank, as follows:
TO: N DATE•7*4-
ThO Honorable Members of the August 26, 1987
LEdij
Board of County Commissioners°`�Mtss1QN
THMUGH: ���01 G 1'
Charles P. Balczun,
County Administrator SUBJECT:
Florida National Bank - Appeal
for Full Ingress/Egress
Median Cut Along Kings Highway
North of SR60
FROM:REFERENCES:
James W. Davis, P.E., C. William Curtis, Jr.,
Public Works Director Florida National Bank
dated 8-11-87
DESCRIPTION AND CONDITIONS
MrI Curtis of the Florida National Bank is requesting an appeal of staff's
position prohibiting left -turn vehicular egress at the north driveway of
the. bank along the west of Kings Highway. Staff originally proposed a
continuous concrete traffic separator along the Bank's frontage, however,
in June, 1987, at Mr. Curtis' request, a temporary median cut was provided
to allow ingress for north bound vehicles using Kings Highway.
ALTEIZMTIVFS AND ANALYSIS
The left turn egress movement was
reasons:
33
Err" 1 1917
not recommended for the following
BOOK 69 PAGE 21ft
1) The FDOT "Manual of Uniform Minim n Standards for Design,
Construction, and Maintenance for Streets and Highways" provides for a
minimum passenger car design length of 191. The distance between the
northbound and southbound lanes is only 161. Therefore, there is not
an adequate storage space for vehicles to be stored between the lanes
when awaiting a break in the northbound traffic.
2) Other language in the manual discourages left turn egress movements
near intersection. Whereas U-turns are also discouraged, a southbound
left turn phase has been added to the SR60 signal to provide for
safer U-turns.
The alternatives are as follows
Alternative No. 1
Deny the left -turn egress movement from the north driveway and allow
"right turn out" only. There may be more U-turns at the SR60/Kings
Highway intersection, but the left turn phase of the signal would
facilitate this movement. No modifications to the median would be
required.
red.
Alternative No. 2
Permit the left -turn egress movement. If this is allowed, the median
cut would have to be modified at the o pense of the property owner.
The County Attorney's Office has written a legal opinion regarding the
granting of the appeal, a copy of which is attached.
AND FUNDING
Staff recommends Alternative No. 1 whereby the left -turn egress movement be
denied.
TO: James W. Davis, P.E.
Public Works Director
FROM: Sharon P. Brennan, Asst. County Attorney
DATE: August 24, 1987
RE: FLORIDA NATIONAL BANK - APPEAL FOR FULL
INGRESS/EGRESS MEDIAN CUT ALONG KINGS
HIGHWAY, NORTH OF STATE ROAD 60
Although the County would not normally incur liability for a
planning level decision such as a road or intersection
design, where the County has knowledge that a dangerous
condition will be created by the implementation of the
design and the design is subsequently built, the County
would be liable to the extent that it failed to warn
motorists of the known dangerous condition. This is because
the building of the road is an operational function for
which sovereign immunity does not attach
My recommendation is that if the Board decides to allow the
median cut, it should also require the applicant to purchase
liability insurance for the County and to pay for warning
signs which must be posted.
34
""�'�s� v
FLORIDA NATIONAL BANK
July ! 24, 1987
Mr. aim Davis�`.,
County Engineering Department `teCQl
2
1840 25th Street 16 (3 L�
Vero,Beach, Florida 32960
Dear Jim:
When the County determined that they would expand King's Highway north from
State Road 60 to accommodate traffic at the intersection of King's Highway and
State Road 60, the original engineering plans prevented any immediate ingress to
the (Florida National Bank to north bound traffic. It also required traffic
leaving the bank to turn south and cross State Road 60 and enter into someone's
driveway, turn around and re-enter King's Highway from the south if they wanted
to head north after they left our branch.
Subsequently to my telephone call to you, you most graciously agreed to provide
a cult to the northern most entrance to our branch. I was very excited about -
this �ut
until I discovered that the redesigning prohibited traffic from crossing
the to go north. At this point you informed me that our customers who want
to go north should go south upon exiting our branch, immediately get into the
turn lane, wait for the signal to indicate left turn only and make a "U" turn at
that time to head north. First of all, this creates a "U" turn problem and at
best it is foreign to our customers since they are unaccustomed to making "U"
turns. Also, even when the signal light indicates left turn only, traffic going
westican make a right hand turn and could hit our customers trying to make a "U"
turnl. I also don't believe that our elderly customers can handle driving in
thin manner.
Therefore, I beseech you to re -arrange the cut so as to provide our exiting
customers the opportunity to go straight across and make a left turn. I feel
that, this unnatural exiting will result in a number of our customers moving
their accounts to another bank.
As la- good corporate citizen for 30 years in Indian River County, Florida
National Bank has always supported the County through its contributions as a
taxpayer and as a civic and law abiding entity. Our 58 employees appreciate
your consideration greatly. If need 'be, we will contribute financially to the
physical corrections at the cutover.
Than you for giving this most serious consideration to this proposal as soon as
possible since we are already experiencing customer complaints and see a
negative impact at our branch since the no left turn signs have been installed.
Si rely, .
C William Curtis, Jr.
President
Mr. Curtis appeared before the Board to ask for the Board's
assistance with their problem. He thanked the Board for the
consideration they have received, but stressed at length the
dang�rs posed for their customers by the proposed U-turn at the
intersection. He informed the Board that what the bank really
would like to do, since there is an issue here of 31, is to pay
for additional re-engineering of that space to please allow the
turn they request. if sometime in the future, traffic gets too.
B .1 i� 35 6 PACE 217
ROOK
600K 69 'PAGE 218
serious, they can close the median, but by that time hopefully
there will be some development behind the bank, and they will
have an access road over there which will provide for a greater
flow of traffic around that area.
Chairman Scurlock asked staff if the ultimate thought is
that the access to the bank would be from the adjacent property,
and this is truly just a temporary situation.
Director Davis replied that it is anticipated that as the
rest of the property on the northwest corner is developed, there
will be internal connections to the bank property just as there
will be to the Burger King restaurant and the facilities on the
east of King's Highway. The problem they have now is the road is
built, and to add 3' into the median there, you would have to
tear out curb and gutter on each side of the road, which would be
a very expensive project. Director David further noted that we
only had 120' of R/W there and had the FP&L concrete poles on the
east side of the highway, and we were required by the St. John's
River Water Management District to do a retention drainage system
to hold back the first inch of rainfall. We met that requirement
but just a few cubic feet of storage; so, the drainage is a
critical situation there also.
Mr. Curtis noted that he was always led to understand that
they would be able to exit left out of their branch, but it was
not engineered to accommodate that. Because of this access
problem, the bank has lost 53 customers, and he, therefore, would
like to pursue looking into the cost involved to remedy this, if
it is possible. He continued to stress that he is only asking
for a temporary thing.
Chairman Scurlock inquired of staff what the cost could
amount to.
Director Davis advised that there probably -would be some
cost for expansion of R/W, and then you would have to provide an
adequate storage area between the north and southbound lanes to
stack a vehicle or two.
But another problem is that we are
36
_I
0
talking about a situation close to an intersection where there is
some ',prohibitive DOT language.
(Chairman Scurlock asked why the bank can't access out of the
north entrance, and Director Davis explained the problem'is the
person wanting to exit left first has to get across the south-
bound traffic and then has to sit there and wait for a break in
the traffic to go northbound, and there is not an adequate area
for him to sit there. He felt the best solution would be to talk
to the property owner to the north to see if he would allow us to
put in a marginal access road further to the north to connect
with an existing left turn lane that was put in at the entrance
to Ryranwood Shopping Center. That would not only be the safest
I
situation, but it would be a permanent solution.
Commissioner Bird stated that his suggestion would be for
the bank to get an engineer and have him work with Public Works
Director Davis and our engineers on a solution and see if they
are willing to underwrite it.
,Discussion continued about the undesirability of U-turns,
and Commissioner Wheeler felt the requested left turn to the
north was also a bad situation and agreed he would like to see
the Dank and our engineers work together to come up with some
solution.
The Chairman instructed Director Davis to work with Mr.
Curtis and also took into the possibility of a marginal access
road.
Mr. Curtis confirmed that the bank will be glad to work with
staff as suggested.
DISCUSS CONCEPTUAL SETTLEMENT OF BENT PINE UTILITIES LAW SUIT
Bent
Bent
14th,
Attorney Vitunac noted that at the last public hearing with
Pine, the Board's instruction was to develop a franchise for
Pine with which they were to be in compliance by September
At that time Commissioner Bird suggested that we get
together for one last effort at negotiation.
37
SEP 1 19
A meeting was held
BOOK
FF"_
SEP 1 �Nln
d00K 6� PAGE226
several weeks ago with five lawyers, Chairman Scurlock, Utilities
Director Terry Pinto, and Gerald Chancellor of Bent Pine
Utilities, which resulted in an offer being made by the county to
purchase the entire utility but to pay no more than the fair
market value of the raw land itself (18 acres), which everyone
agrees is worth $15-16,000 an acre. Bent Pine's original
_requirements to make a settlement were close to 1/2 million cash.
Under this settlement, they would be getting $270,000 cash from
the county and the difference would have to be made up from
contributions from the lot owners in Bent Pine who do not already
have utility service but will need it in the future from the
plant and lines existing at the site. Bent Pine's accountant is
developing an impact fee, which we have agreed in the proposed
contract will be between $1,200 - $1,500 a unit. There are
approximately 150 lots, and their impact fees add up to $225,000
more to be paid when and if they apply for a building permit on
that site. Thus, if Bent Pine is to get any more money than the
raw value of the land, they will have to get it as these people
hook on over the next 15 years.
Attorney Vitunac felt this is a good agreement for the
county, and reported that we have received a letter from Blain &
Cone, the attorneys who have been representing the county in the
DER case, and they strongly recommends accepting the settlement.
The only people who are really not affected in a good way by the
proposed settlement are Utilities Director Pinto and Chairman
Scurlock, who were defamed in a lawsuit. Mr. Pinto has filed a
counterclaim against Bent Pine, and Commissioner Scurlock is
contemplating the same type action. The proposed settlement.
would have both of these people give up their personal rights for
a simple letter of apology. Their names were added to the
proposed agreement; Attorney Vitunac believed they will sign; and
he felt that would be magnanimous on their part. He strongly
recommended the Board sign the proposed agreement, but advised
that state law requires there be a public hearing before a county
38
r
purchases a utility; so, this agreement was presented to the
Boards, today in concept only. If any Commissioner has any changes
to propose, they should be presented as soon as possible since
the intent is to send a copy of the blank contract to Bent Pine
this 'afternoon so hopefully we can have a signed version of it
for next Tuesday's agenda.
Chairman Scurlock commented that this matter put both him
and Director Pinto in a very difficult position personally; they
felt ',they had been adversely affected and that the comments in
the newspaper as a result of the suit were damaging. The
Chairman stated that, as he remembers it, the original offer by
Bent Pine was in the range of almost $800,000. This particular
'propo'sal provides that none of our existing customers are harmed,
and he felt comfortable with the land value and the arrangement
for the impact fees coming in to pay the remainder over 15 years.
Chairman Scurlock felt there is no question but that this is a
good ,agreement from the standpoint of the county, especially
since i there are some intangibles involved that relate to other
programs that are on-going in the county. Therefore, he and
Director Pinto have been convinced that their responsibility is
to recommend the agreement, which they have tried to structure
withl,a personal note of apology to them for the statements made.
He stressed that he and Mr. Pinto have never acted in any way
others than at the direction of the Commission, and it is hard tc
be objective when you are attacked personally.
Utilities Director Pinto first wished to commend Mr. Vitunac
in leading these negotiations because it was extremely difficult
for him personally to sit there and go through them in an
unbiased way. Mr. Pinto continued that one of the reasons he is
putting his own personal issue aside is he strongly feels that
had this offer had been made and structured this way in the very
beginning, we would have accepted it. It meets the criteria we
set up a long time ago for purchasing a utility whereby it cannot
affe t the present customers in a negative fashion. It gives the
39 BOOK 69 PAGE.
S E P 1 BOOK 69` FAGE222141
people in Bent Pine a dependable utility in the future, and they
will not be paying for anything they are not getting. Also, the
property to be purchased is property that can become a very
important integral part of our utility system, and, therefore,
the cost will be absorbed into the total operating cost of our
system. Mr. Pinto noted that it is difficult to agree on a
__negotiated settlement when such threats and damaging statements
have been made, and the only reason he would recommend the
agreement and drop his personal lawsuit is for the benefit of the
county as a whole.
Commissioner Bird expressed his delight that this has been
worked out in this fashion and stated that as soon as he can go
over the agreement, he will give Attorney Vitunac his comments.
Chairman Scurlock believed one of the things that has not
gone for naught is that in response to the lawsuit, we have paid
for a lot of studies and analyses that will be a benefit to the
county in the future.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Eggert, the Board unanimously agreed they
have no objection to the concept of the agreement
proposed with Bent -Pine Utilities and authorized
staff to advertise the required public hearing.
RECOMMENDATIONS FROM FINANCE & UTILITY SUB -COMMITTEES RE
UNDERWRITER FOR NORTH COUNTY SPECIAL ASSESSMENT
Chairman Scurlock reminded the Board that we formed a
combination of the above two committees, and that committee was
composed of Mr. Balczun, Mr. Pinto, himself, OMB Director Joe
Baird, John Morrison, and Bill Jordan. The five firms
short-listed gave oral presentations yesterday, which included
40
their approach to the financing, and the gross spreads were
discussed. The committee ranked those firms in the following
order
i
1. Joint Venture between Raymond -James Assoc. and
A. G. Edwards & Sons, Inc.
2. Smith Barney
3. W iA l i am Hough
4. Dean Witter Reynolds
'The Chairman believed what swung the committee to the
Raymond -James group was that their bond counsel hit on every
salient point where we had any problems on our first special
assessment. He noted that Smith Barney did an excellent job on
that�3.5 million issue, however, and we were not unhappy with
them in any way and hope they continue to seek business in Indian
Rived County. The gross spread was the other element. On the
other firms it ranged between'$10 and $15 while Raymond -James had
a gross spread of $6.00. The Chairman noted that one other point
in favor.of the highest ranked group is that both firms have
offices in this county. He emphasized that all the firms were
very good firms and commented that our last five bonds issues
have been handled by different firms which shows we are truly
competitive.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
staff to negotiate an agreement with the No. 1 ranked _ _
group.
APPOINTMENT TO CODE ENFORCEMENT BOARD
Commissioner Bowman advised that they still have a request
for resumes out and this will have to tabled once again.
SEP 1 .1997 41 BOOK 69 RtE zJ
BOOK 69 PAGE 221
PROPOSED SAND RIDGE AQUIFER PROTECTION ORDINANCE
Commissioner Bowman referred to the following staff memo:
TO: Commissioner Maggy BowmarDLATE: August 24, 1987 F
PROPOSED SANDRIDGE
SUBJECT: AQUIFER PROTECTION
ORDINANCE
Robert M. Keating, AICP/�loK SANDRIDGE ORD.
FROM: Director, community -REFERENCES: IBMIRD
Development Division
As you are aware, the Planning and Zoning Commission, at its
meeting of August 20, 1987, voted 4-3 against recommending
adoption of the proposed Sandridge Aquifer Protection Ordinance
to the Board of County Commissioners.
Since the proposed ordinance was denied by the Planning and
Zoning Commission, the ordinance will not be considered by the
Board of County Commissioners unless the action of denial by
the Planning Commission is appealed. At this time, due to a
lack of public support for the ordinance, I do not plan to
appeal the Planning and Zoning Commission action to the Board
of County Commissioners.
Since I know that you have an interest in this item, I wish to
inform you that, should you wish the ordinance to be considered
by the Board of.County Commissioners, you have the option of
raising the appeal issue to the Board at its next meeting as
one of your matters. Because of the short timeframe available
for appeals of ordinance denials, it would be necessary for the
Board to consider the matter soon. So if you decide to pursue
the matter, I would suggest that you schedule.it for discussion
under your matters at the next Board of County Commissioners
meeting.
If any questions arise regarding this matter, please do not
hesitate to contact me.
Commissioner Bowman expressed her desire that this matter
come before this body because our water resources need every
possible protection as is mandated in our Land Use Plan, and
there is no other jurisdiction that can afford this protection.
Commissioner Eggert inquired if the Planning Department is
going to appeal the decision of the Planning & Zoning Commission,
and Commissioner Bowman stated they are not because they felt
there was a lack of public support. She pointed out that this
originally came up on a night when the P&Z did not have a quorum
42
and the meeting was canceled. She believed the people were
angry':, and when this came up again, no one showed up.
Chairman Scurlock noted that he has some specific feeling
aboutl',the proposed Sand Ridge Ordinance and, in fact, does not
particularly support it. He felt our time would be better spent
to address the Mining Ordinance.
Commissioner Bowman asked what is left to mine; -she believed
the damage has mostly been done, but the Chairman believed there
are a, -number of new mining operations occurring right now.
Commissioner Bird pointed out that as the county grows we
have need for fill material, and he agreed we need a Mining
Ordinance that is adequate because they will be either taking the
maternal off a hill or digging a hole in the ground, and actually
we don't have any hills left to take down.
Commissioner Bowman pointed out that she was involved in an
attempt to get an adequate mining ordinance ten years ago.
Commissioner Eggert did want protection for our water, but
stated she was frustrated with the Sand Ridge Ordinance as it is
now written.
iPlanning Director Keating advised that staff is working on a
Mining Ordinance, and we must readdress the depth of excavation,
restoration, etc. They were directed to do the Mining Ordinance
a long time ago, but the Sand Ridge Ordinance was supposed to be
a major part of that.
Commissioner Bowman asked how a land mining ordinance is
going to protect the aquifer.
Chairman Scurlock felt there is a lot of misconception about
the aquifer. He discussed at length the degradation of the
shallow aquifer, emphasizing that is why we decided not to base
our supply of water on the shallow aquifer, and the long range
plan is deep water with reverse osmosis. He emphasized that
supply is not the issue; it is the quality of water, and he felt
we must get our priorities straight.
gone
43
EP 1 1 1
He believed the ridge is
BOOK . 6 PACE 225
c
Fp,"-
SEP 1
1987
BOOK
69 rAG X29
Commissioner
Bowman continued to stress that we
don't want
to allow paving and prevent recharge. She believed the aquifer
is very little understood and that we are going to destroy
something we don't even understand.
Chairman Scurlock felt what we really need is to have an
on-going well capping program.
Commissioner Bowman believed we are supposed to have it.
She noted that another thing very detrimental is air conditioning
running on ground water, and she could not see how we are going
to enforce a land mining ordinance in this county.
Discussion continued at length in regard to the sand ridge,
quantity of water as opposed to quality of water, etc., and the
Chairman continued to stress that quantity is not a problem. A
study done by the U.S.Geologicai Society in 1979 showed that in
this county we had 76 million gallons per day available from the
shallow aquifer. He stated that, as one Commissioner, if he were
either going to address a sand ridge or mining ordinance, he
would address mining.
No action was taken.
PRIMARY/INDIGENT CARE
Commissioner Eggert reviewed the following.:
TO: Board of County Commissioners
Hospital Taxing District Board
FROM: Carolyn K. -Eggert c�Si
County Commissioners
RE: Primary/Indigent Care
DATE: August 27, 1987
According to the new law a Primary Care Panel may be set up,
but is not required. I would like to suggest that we do not set
up the panel as indicated in House Bill 1384. Instead I suggest
a committee made up of:
COUNTY - Carolyn Eggert, County Commissioner
Dr. Bernard Berman, Public Health Director
44
HOSPITAL - Representative from Hospital Taxing District
Board (currently Dr. David Becker)
Representative from Hospital.
(currently Wesley Tillis)
if we need to establish the formal panel later, we can.
_ Please let me know if this meets with your approval.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board approved the make up of
the Primary Care Committee as described above.
L I BRARRY REPORT
iCommissioner Eggert reported that the Fellsmere ladies have
now decided they want to have a lease with the County not the
City of Fellsmere and that will be taken care of shortly.
In regard to the library funds, Commissioner Eggert advised
thatlshe has conferred with OMB Director Baird and Financial
Advisor Art Diamond, and the 5.9 bond issue voted in is going to
be extraordinarily tight. She, therefore, was glad to know that
we arse going to have a workshop on long term debt as we need to
discuss priorities and determine how the purchase of the library
site fits in with other county projects.
Chairman Scurlock commented that he would like to have a
meeting in the near future possibly with Mrs. Eggert and one or
two From the Library Committee, Mr. Wheeler and one or two from
the Courthouse Committee, and one or two from the Finance
Advisory Committee in this regard. He believed the newspaper
article in regard to revitalization of the downtown area has
mistakenly given some the idea that there is a plan to abandon -
this building, and that is not correct. The thought process is
simply that the School Board may have additional needs in the
future and might possibly take over some additional space in this
bungling; we will be using this building for a long time.
Commissioner Eggert stated that she would like to present
this logically to the Library Committee, which still thinks the
arealbehind the 2001 Building is the spot, and she.just wanted a
SUP I .196 45 .a
9ooK PAGE 22 +
:SEP I 0W
BOOK �9PAcE 228
feel for how all the Commissioners felt before she even mentioned
it to anyone.
Commissioner Wheeler commented that his only concern with
any committees looking at something is that they have a tendency
to look at things in more of a vacuum than a Board looking at the
total picture.
Commissioner Eggert agreed, but asked that he appreciate
that the Library Committee has worked on this a very long time
and they went out and got the bond money voted. She did not
want to dismiss any advisory committee at all.
Chairman Scurlock felt what would help us all would be if
the Library Committee could take a look in the area we are
talking about specifically and see if there is not an acceptable
site there. He noted the end decision will be with this Board.
Commissioner Eggert advised that this will be presented at
the next committee meeting. She noted that when we are talking
about a governmental center, we are not talking about next year,
and she felt first we should get a master plan and then possibly
put the Library within it.
Chairman Scurlock expressed the thought that possibly we
could build the library as the first spoke and then have the rest
follow.
Commissioner Wheeler inquired about the status of our
request for proposals on a space study, and Administrator Balczun
advised that the proposals will be opened September 23rd at 2:00
P.M.
DISCUSS REQUEST TO SUPPORT DNR PROPOSAL TO PURCHASE OCEANFRONT
Commissioner Wheeler referred the Board to the following
communication from the DNR:
46
i " - BOB MARTINEZ
Governor
P R
State of Florida cEoS eearylfState E
oBOB BUTTERWORTH
DEPARTMENT OF NATURAL RESOURCES Attorney General
• 19 GERALD LEWIS_
r°Rv R SaJ� Marjory Stoneman Douglas Building state Comptroller
• ,t1314s� 3900 Commonwealth BoulevadISTRIBUTION LIST BILL GUNTER
Tallahassee. Florida 3239° state Treasurer
TOM GARDNER �� ,, Commissioners DOYLE CONNER
% REPLY TO: Commissioner of Agriculture
;'ecfor Administrator
�AUG1987 � � BETTY CASTOR
(ri�'. N Divlston of Marine Resour ttOrney Commissioner of Education
�v�K Research Laboratories
� PLlIiLiC tNGRi4S � Personnel Phone: (813) 896.8625
AZ/ �l d �1�(�1;+#iY ,� 100 Eighth Avenue S.E. Suncom: 523-1011
!� G, �p cn ^fir St. Petersburg. Florida 33701-PublIC Works
�
�` ti ��� Community uev.
<t 804N) vep ,� !`�Ofbl8lt2g1�1' 11 August W&—es
c� coMAllssio f2.f2� ti Finan --a ,�
D�arl+�� rmit Holder: Other J• � �r�r�t A t4 n nQ—y j
W`_
�Ws letter is being mailed to all permit holders to make a very special
request. Your assistance is requested to support the purchase of land in
•so�th Brevard and north Indian River counties to be preserved as sea turtle
nesting habitat. ,The area is also important for the protection of a variety
of',other threatened or rare animal and plant species including the gopher
tortoise (Gopherus polyphemus)•, eastern indingo snake (Drymarchon corais
couperi), Florida scrub jay (Aphelocoma coerulescens coerulescens), beach
creeper (Ernodea littoralis), sea -side cactus (Cereus gracillus) and necklace
pod (Sophora tomentosa), to name a few.
The Florida Natural Areas Inventory has proposed that the state's Conservation
and Recreation Program (C.A.R'.L.) acquire two separate parcels of land. 'The
pr perty in'south Brevard County is being referred to as "Brevard Turtle
Be ches" while the property in north Indian River County is being referred to
as "Wabasso-Beach" - please refer,to enclosures. Brevard turtle beaches
inlude tracks of land within the most important loggerhead (Caretta caretta)
rookery in the Western Hemisphere. Dr. Lew Ehrhart, University of Central
Florida, has been surveying a 21 kilometer stretch from Melbourne Beach to the
northern boundary of Sebastian Inlet State Recreation Area since 1982. During
the 1986 nesting season, more than one third of all loggerhead nests counted
inFlorida (10,745 out of 30,983) were within this zone. Nesting densities
range between 400-600 loggerhead nests per kilometer per year. Green turtle
(Chelonia mydas) nesting is also relatively high with as many as 13.4 nests
pet kilometer per year.
The Wabasso Beach purchase would include an area from Wabasso Beach north to'•
the southern boarder of Sebastian Inlet State Recreation Area. Aerial surveys
conducted by the Florida Department of Natural Resources indicated that
nesting activity within the area is high. Dr. Ehrhart estimated a nesting
density of approximately 100-200 loggerhead nests per kilometer.per year. In
order to preserve Atlantic sea turtle populations, it is -essential to protect
th it habitat. Please support the above land acquisitions by writing two
letters of support, one for each area, to Dr. O. Greg Brock, Division of State
Lands, Cedars Executive Center, 2639 North Monroe Street, Box 58, Tallahassee,
Florida 32303. Request that the land be added to the the state's acquisition
list and be ranked highly. Please copy each member of the C.A.R.L. selection
committee (list enclosed) or request that your letter be circulated to each
member. If we do not act now we will lose the. opportunity to protect these
important beaches from rapid coastal development.
In.l,addition, please ask all individuals listed on your permit, as well as
other interested parties, to submit letters of support. I have enclosed some
additional information that may help in the composition of your letters.
Please feel free to reproduce this letter and the enclosures for distribution.
Thank you for -your support and continued assistance.
Sincerely,
DIVISION OF MARINE RESOURCES
&I'A.�
Walter J. Conley
Protected Species Data Coordinator
Bureau -of Marine Research
47
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BOOK 69•: `?Aft 234
1987
WABASSO BEACH
(Supplement to C.A.R.L.'Proposal)
Wabasso Beach represents one of the longest stretches of relatively undeveloped,
privately owned beachfront property remaining in Florida. Unquestionably, it is one
or'the longest such stretches on the Atlantic coast, and statewide may be rivaled
only by the Topsail Hill tract on the Gulf Coast. The primary goal of this proposal
to protect Wabasso Beach is to assure the continued viability of one of the most
important sea turtle nesting populations in the world (see below). Secondarily, the
remainder of the tract would protect a large area of coastal strand and maritime
hammock habitats and their associated biota, all of which are threatened by the
enormous development of Florida's Atlantic coast. Preservation of the site would.•
additionallyp'rovide a protective buffer to the marine worm reefs just offshore.
Principally through the Save Our Coasts (S.O.C.) program, the state and county
governments already own or are pursuing the acquisition of a substantial amount of
land (approximately 3/4 mile) within the overall boundaries of this proposal. These ;
lands would benefit greatly by the ecological buffer that would be provided by the
addition of the remaining undeveloped contiguous lands along this stretch of beach.
Commissioner Bird wished to make the point that Indian River
Shores has six miles of beach which is all private property, and
he believed the turtles may have a better chance of being
unmolested there than at public beaches. We are getting the best
of both worlds - we have all these great turtle nesting beaches,
and we also have some millions of dollars worth of property value
on the tax rolls to help carry the freight. In addition, we have
a turtle protection ordinance.
Chairman Scurlock's only question was that we requested
state funds, and you have to set priorities. He just did not
want this to affect the priority of something that we may
possibly want more than that.
Commissioner Wheeler noted that if anyone buys and develops
that beachfront property, we will only have further problems with
erosion, and if he had to choose, he would choose this over the
sand ridge project.
Commissioner Bowman did not agree.
Commissioner Bird stated that he did not have any problem
supporting this request, but just wanted to bring out his point
about the private property.
Commissioner Bowman was against it, and felt we were saying
if the beachfront were privately owned, the turtles would have a
better chance.
48
Further discussion ensued as to whether the turtles might
not k e better protected on government owned lands and a
controlled situation.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
I,
Commissioner Bird, to support the state's proposed
purchase of beachfront in Indian River County.
Commissioner Wheeler pointed out that another thing we need
to think about is beach restoration. He felt the more of this
property the state owns, the more apt DNR is to help Sebastian
Inlet Taxing District and the county put a feeder beach up there
that is going to help our other beach project in Vero Beach and
in turn help our whole county.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4 to 1 with
Commissioner Bowman voting in opposition.
Commissioner Bowman explained that she did not want C.A.R.L.
money for beach problems as she felt we have a more critical
problem with the sand ridge.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:30 o'clock P.M.
ATTEST: -
Clerk Chairman
49
BOOK 69 .PAGE