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HomeMy WebLinkAbout9/15/1987Tuesday, September 15, 1987 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street,.Vero Beach, Florida, on Tuesday, September 15, 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 present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Russell Burns, Westminster Presbyterian Church gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. CONSTITUTION DAY Staff members of the Supervisor of Elections Office came into the Chambers carrying clusters of red, white and blue balloons which they presented to the Board members. They announced that Thursday is the 200th anniversary of the signing of the Constitution and invited the Board members to participate in a celebration of that date by sending up the balloons at 4:00 P.M. Thursday, September 17th, in front of the Administration Building. L_ SEP 15 197 BOOK PAGE 430 t., J SEP 1 1987BOOK PnE 4:39 - ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock advised there are three items to be added under Utilities: 1. (as 11B) River's Edge Water & Wastewater Treatment Facility 2. (as 11C) Adoption of Draft Wastewater Master Plan 3. (as 11D) Rockridge Sewer Proj. - Work Authorization #18 Administrator Balczun wished to add authorization for staff to negotiate with the architect for design of Fifth Courtroom. The Administrator also requested that Item 16 in regard to writing DNR re construction of a retaining wall be removed from the agenda and referred to the Planning 6 Development staff. Commissioner Eggert asked that City Councilman Ken Macht be placed on the agenda to speak for the Indian River Arts Council. Attorney Vitunac requested the addition of an item to authorize a closing with Bent Pine Utilities. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously added to the agenda and deleted items from the agenda as described above. APPROVAL OF MINUTES The Chairman asked if there were any additions.or correc- tions to the Minutes of the Regular Meeting of August 25, 1987. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of August 25, 1987, as written. 2 CONSENT AGENDA A. Proclamation - Emergency Medicine Week P R O C L A M A T I O N WHEREAS, September 20-26, 1987 has been designated EMERGENCY MEDICINE WEEK; and WHEREAS, the theme for EMERGENCY MEDICINE WEEK in Indian River County is "Children Can Help"; and WHEREAS, the children of the county are recognized as important helpers in many emergency situations, both now and in the future; and WHEREAS, the County of Indian River, State of Florida, wishes to pay tribute to the dedicated people in all phases of emergency medical services who provide skilled and compassionate health care to our citizens; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS of Indian River County, Florida that the week of September 20-26, 1987 be recognized as EMERGENCY MEDICINE WEEK in Indian River_ County, and the Bdard urges all citizens of Indian River County, Florida to recognize and support the volunteers and professionals who provide emergency services to this county, and conduct educational programs which assist both adults and children in rendering aid during certain emergencies. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don C. Scurlock, Jr 4hairman 3 69 PAGE 440:. / SEP` 15 198 41 B. Site Plan Extension - (Horace Hawes) BOCK 69 PAGE 441 The Board reviewed the memo of staff planner John McCoy: TO: The Honorable Members of DATE: September 1, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Vatg, P SUBJECT: HORACE HAWES' REQUEST FOR Community Developme t Director SITE PLAN EXTENSION THROUGH: Stan Boling Chief, Current Development FROM: StaffWPlanne ) " o REFERENCES: JOHN3 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 15, 1987. DESCRIPTION AND CONDITIONS: On October 23, 1986, the Technical Review Committee approved a minor site plan application submitted by Horace Hawes. Approval was given to construct a 1,200 sq. ft. building at 816 9th Street S.W. Due to difficulty obtaining permits, Mr. Hawes has been unable to commence construction prior to the expiration of the approved site plan. The applicant has requested a one-year extension of the site plan approval, prior to the October 23, 1987 expiration date. Pursuant to section 23.1(G)(2) of the site plan ordinance, the Board may grant an extension of the site plan approval. To date, the Board's policy has been to grant such extension requests. RECOMMENDATION: Staff recommends approval of Horace Hawes' request for a one-year extension of their approved site plan, with all conditions pre- viously attached to the site plan approval; the new expiration date to be October 25, 1988. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously granted a one-year extension of site plan as requested by Horace Hawes. C. Routine Release of County Utility Liens The Board reviewed memo of County Attorney Vitunac: 4 TO: Board of County Commissioners Y FROM: Charles P. Vitunac, County Attorney DATE: September 9, 1987 RE: CONSENT AGENDA - BCC MEETING 9/15/87 ROUTINE RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: (1) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 165 of COUNTRYSIDE SOUTH (2) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 137 of COUNTRYSIDE SOUTH (3) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 74 of COUNTRYSIDE SOUTH (4) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 249 of COUNTRYSIDE SOUTH (5) Release of 12 ERUs - Water & Sewer Bldg. 33 of VISTA PLANTATION Paid by VISTA PROPERTIES The back-up information for the above is on file in the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Release of Sewer and Water Liens listed above and authorized the signature of the Chairman. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. SEP 15 1987 5 BOOK 69 FAGE442 41 w .l Jft 41 BOOK PAGE .43 D. Waiver/Floodplain Displacement Requirement (Garden Grove PRD) The Board reviewed memo of Drainage Engineer Dave Cox: TOTHE HONORABLE MEMBERS OF DATE: September 4, 1987 FILE: BOARD OF COUNTY COMMISSIONERS 10 - THROUGH: Charles P. Balczun County Administrator James W. Davis, P.E. Public Works Directo SUBJECT: Request for Waiver -Floodplain Displacement Requirement Ordinance 87-12 Garden Grove P.R.D. ' Letter from Randy Mosby, FROM • Dave B. Co REFERENCES: P.E. , Mosby & Associates Drainage Engineer to Jim Davis dated March 18, 1987 DESCRIPTION AND CONDITIONS Mosby & Associates on behalf of the developer of Garden Grove P.R.D. is requesting a waiver of the "cut and fill" balance requirement as contained in the Stormwater Management and Flood Protection Ordinance (87-12). Garden Grove is located along the east side of U.S. 1 and - adjacent to the northwest corner of Vero Shores Subdivison. The Engineer states that the filling of this property would increase the 100 yr. flood stage by only approximately 0.001 ft. ALTERNATIVES AND ANALYSIS Since the Indian River in this area is an estuarine environment, and the project meets all other requirements of Ordinance 87-12 and will cause a minute water level rise in. the river, staff has no objection. RECOMMENDATION Staff recommends that a waiver to the flood plain displacement requirement be granted to Garden Grove P.R.D. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously granted a waiver of the flood plain displacement require- ment to Garden Grove PRD as recommended by staff. E. Application - State Aid to Libraries ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously authorized the Chairman to sign the Application for State Aid to Libraries. 6 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES APPLICATION FOR FY 1988 STATE AID TO LIBRARIES The Board of County Commissioners of Indian River County hereby applies to the Division of Library and Information Services of the Florida Department of State for an operating grant for public library service as authorized tinder Chapter 257, Florida Statutes, for the fiscal year beginning October 1, 1987 and ending September 30, 1988. Ile certify *that the following amounts were centrally expended for the operation of public library service during the fiscal year ending September 30, 1986. Total Expenditures, October 1, 1985 -September 30, 1986 $ 451,772. Less, State Aid RECEIVED ($ 23,857. ) * Less, LSCA Program Grants RECEIVED ($ 69,`474 ) Less, Other State and Federal Program Grants RECEIVED ($ ) Less, Any Funds not Expended CENTRALLY ($ ) Total Local Expenditures Qualified for Matching $ 3-98, 441 _ Ile certify that the following amounts; exclusive of federal and state grants, will - - be available and expended centrally for public library use during fiscal year 1987-1988. County Appropriations (County funds from local sources only) $ 446.962. * City Appropriations (City funds from local sources only) Other (Specify) * Affidavit from each city providing funds optional. TOTAL * Grant money received was $85,500. but only$69,474 was expended or included in 85/86 revenues & expenditures. $ $ $ 446,962. This library service is provided through contracts with the following cities and counties: INDIAN RIVER COUNTY The yield of a one mill tax in this county is 3 MILLION _ SUP 15.19 7 i IkUR DU PAGE 4444 .0 1 41 SEP 45 g�i tl�V UQ of 69 Frl., The Applicant agrees to expend any grant awarded pursuant to this Application in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and Chapter 1B-2, Florida Administrative Code, relating to county free public libraries and the State Library, which Chapters are incorporated by reference as part of this • Application and attached hereto. Cle • o the Cir it C t ff4,b, September 15, 1987 Date Chairman, bon C. Scu ck, Jr. Indian River County Board of County Commissioners F. Change Order #2 - Quantity Extension (River Shores Estates) The Board reviewed memo of Asst. Utility Director Barton: TO: BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 1, 1987 THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY SCES FROM: JEFFREY K. BARTON ASST. DIRECTOR OF UTILITY SERVICES SUBJECT: CHANGE ORDER #2 - QUANTITY EXTENSION RIVER SHORES ESTATES BACKGROUND Indian River County Project #UW86-14DS (River Shores Estates - Water Line) was begun by the residents as a petition. The project was designed and bid, with Coastline Utilities being the low bidder, with a contract price of $194,398.50 after change order #1. Upon completion of the project when quantity extensions are reviewed as to materials used on the project, a change order is.necessary to adjust the contract price. Attached is change order #2 for a decrease in the contract price of $11,527.70. The new adjusted contract price of $182,870.80. RECOMMENDATION Staff recommends to the Board of County Commissioners the following: 1. Authorize Chairman to sign change order #2. 2. Authorize Staff to pay final pay request 3. Authorize Staff to release retainage, upon the completion of the punch lists items and upon the receipt of a 1 year maintenance bond. 8 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved Change Order #2 (River Shores Estate water line); authorized payment of final pay request and release of retainage upon completion of the punch list items and receipt of a 1 year maintenance bond. CONTRACT CHANGE ORDER CHANGE ORDER N0. 2 PREVIOUS CONTRACT PRICE $194,398-50 DATE: July 22, 19 7 REVISED CONTRACT PRICE $182,870.80 JOB NAME INDIAN RIVER COUNTY PROJECT #UW86-14-DS POTABLE WATER MAIN - RIVER SHORES ESTATES OWNER: INDIAN RIVER COUNTY ITEM DESCRIPTION Mobilization PREVIOUS UNIT PRICE 15000.00 UNITS Lump Sum PREVIOUS TOTAL PRICE $15,000.00 UNIT CHANGE ---- PRICE CHANGE ---- REVISED TOTAL PRICE $ 15,000.00 1. 2. 8" Dia. WM 12.37 850 LF 10,514.50 (-100) (-1237.00) 9,277.50 3. 6" Dia. WM 13.00 7350 LF 95,550.00 (-200) (-2860.00) 92,690.00 4. 8" Dia. Gate Valve 465.00 2 Unit 930.00 + 1 + 465.00 1,395.00 5. 6" Dia. Gate Valves 335.00 23 Unit 7,705.00 ---- ---- 7,705.00 6. Fire Hydrants 1261.00 7 Unit 8,827.00 ---- ---- 8,827.00 7. 12 x 8 Wet Tap w/Vlv 1900.00 1 Unit 1,900.00 (- 1) (-1900.00) ---- 8. Pvd. Rd Restoration 18.00 325 LF 5,850.00 (- 31) (- 558.00) 5,292.00 9. Non-Pvd. Rd. Restor. 10.00 50 LF 500.00 (- 50) (- 500.00) ---- 10. Pvd. Dr. Restoration 16.00 575 LF 9,200.00 + 65 +1040.00 10,240.00 il. Non-Pvd. Drive Restox 8.00 130 LF 1,040.00 (- 67) (- 536.00) 504.00 12. Seed & Mulch 1.10 7200 LF 7,920.00 (-317) (- 348.70) 7,571.30 13. 1" Dia. "Short" Ser- vice Lateral 186.00 52 Unit 9,672.00 (- 33) (-6138.00) 3,534.00 14. 2" Dia. "Long" Ser- vice Lateral 330.00 40 Unit 13,200.00 (- 25) (-8250.00) 4,950.00 15. 2" Dia. "Short" Ser- vice Lateral 295.00 10 Unit 2,950.00 + 16 +4720.00 7,670.00 16. 2" Dia. "Long" Ser- vice Lateral 455.00 8 Unit 3,640.00 + 9 +4095.00 7,735.00 17. Relocate Fire Hydrant ---- Lumn Sum ---- + 480.00 + 480.00 480.00 TOTAL 194,398-50 (-n;527.70). 182,870.8o Justification: Change Order reflects unit adjustments to as -built quantities. The amount of the Contract is Decreased by the sum of: Eleven Thousand Five Hundred Twenty-.' Seven Dollars and 70/100. (-$11,527.70.) The Contract Total, including the previous Change Orders, will be One Hundred Eighty -Two Thousand Eight Hundred Seventy Dollars and 80/100. ($182,870.80.) The Contract period for completion is unchanged. This document will become a supplement to the Contract and all provisions will apply hereto. Contractor: Engineer: Owner: SSP 1 1�_' 7 Date: '?-/4--,? 7 PUOK'PAGE' 9 �BOOK 69 FACE 447 SEP 1 �d FELLSMERE LIBRARY HISTORICAL GRANT Commissioner Eggert referred the Board to the following letter from Fellsmere Library Association: Of FELLSMERE LIBRARY ASSOICATION Fellsmere, Florida 32948 September 11, 1987 i r? 9 R Mrs. Carolyn Eggert, Chairman, ;. �J 79%r: ; Library Board, Indian River County Commission rQ^"'4 1840 25th Street ooh " ^,.' �•,j Vero Beach, Florida 32960 s ��'s��l:s'v Re: MARION FELL LIBRARY .. •� y7 �7 4 �, __ ., , Dear Mrs. Eggert: The Fellsmere Library Association in coordination with the Indian River County Historical Society is applying to the Department of State, Bureau of Historic Preservation for a development grant. This grant would provide funds for the Association to restore and refurbish the Marion Fell Library. This project will include repairs to the roof, reinforcement of the foundation, replacement and repairs to front and back porches and steps (including the addition of a handicap ramp), painting of both interior and exterior, restoration of windows and doors, plus refinishing of original hardwood floors. Some parking designations and driveway improvements are also planned. Total project cost is estimated at $10,000, local matching funds must be 50%. The Fellsmere Library Association has received a commitment from the City of Fellsmere for all janitoral and grounds maintenance and a $3,000.00 donation for the building restoration fund from the Fellsmere historical group, but in order to participate in the grant program an additional $2,000.00 is needed. The Association would like to request Indian River County's support for this additional monies. The Marion Fell Library was established in 1915 and was the first library building in Indian River County. At the present, it is being researched for nomination to.the National Register of Historic Places. This structure has provided the small community of Fellsmere with library service for over 70 years. With the restoration and refurbishing of this building and the expansion and updating of materials this historical library can continue to serve this community and Indian River County. Our Association wishes to thank you for your consideration and continued support. Sincerely, Mrs. Mary Carter, President Fellsmere Library Association Mrs. Susan Wilson, Chairman Marion Fell Library Restoration 10 � � r 1 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, to give the Fellsmere Library Association $2,000 as a pledge against their grant program and authorize whatever budget amendment is necessary. Susan Wilson advised the Board that the grant application will be sent in today, and what they need is a pledge, not actual money in hand. Commissioner Bird asked if it would be in order at some point in the future to repay this amount out of the library bond issue, or if that is separate. Com. Eggert advised that is a completely separate matter, and we would like to do something wonderful for that branch library. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. INDIAN RIVER ARTS COUNCIL City Councilman Ken Macht came before the Board speaking as chairman of the Indian River Arts Council for this year. The Council is a sort of Chamber of Commerce for the Arts; it has been in existence five years and annually sponsors the Arts Festival, which includes the Children's Arts Festival and presentations by their member groups, of which there are 25 or so. Mr. Macht noted that in the last 2 or 3 years it has become quite apparent that the economics factors involved in the cultural arts are very strong and it has become one of the major industries in the county. The combined budgets of their three 01 major institutions top two million, and employment countywide of full time professional staff is now about 45-50 people. That doesn't take into account the tourist dollars spent here which 4 1 11 ���� 0.00K D9 PAG1 4481 EP 15 k. SEP 15 1957 BOOK 449 d. are an increasing factor, and that goes to the heart of what he wishes to speak to the Board about today. Mr. Macht explained that the Arts Council is incorporated under the laws of Florida, and it has been recognized by the 10 Department of State, Divisions of Cultural Affairs, as the arts organization for this county. They have been awarded a $5,000 grant this year, and with those monies and others they hope to raise, they would like to contract with a professional who will promote the activities of the various arts organizations and package them in 1-2-3 day tours appealing to groups such as travel agents with the idea of promoting tourism through the arts cultural events. Mr. Macht informed the Board that through the magnitude and quality of the Riverside Theatre productions, which are becoming professionalized, the exhibitions at the Center For the Arts (i.e., original Norman Rockwell art is to be displayed), this has assumed something of a regional importance. In addition, he believed that in 189, the Florida League of Arts have designated our county for a month long convocation of arts and artists, which will bring a great deal of money and interest to our town. This is what the Arts Council wishes to promote, and to help them with that effort, they would like the Commission to consider making available to the Arts Council $5,000 from the Tourist Tax to hire a professional to promote these activities. OMB Director Baird noted that our budget is already set up and advertised, and he believed it would be better if that request went through the Tourist Tax Board first. Commissioner Wheeler felt this most probably would be a legal use of those monies, but that must be determined. He agreed this is something that will benefit the whole county and stated that he would be glad to have the Tourist Tac Board consider this at a meeting early in October and make a recommendation. 12 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved making $5,000 of the Tourist Tax revenues available to the Indian River Arts Council as requested by Mr. Macht, contingent on the Tourist Tax Board's approval. PROCLAMATION - TELEPHONE PIONEERS OF AMERICA (RE DRUG ABUSE) Ed Croke, Pioneer Partner, came before the Board as explained in the following letter: TELEPHONE PIONEERS , 3300 OKEECHOBEE FORT PIERCE, FLA. COUNTY ADMINISTRATOR i INDIAN RIVER COUNTY 184.0 25th STREET VERO BEACH, FLORIDA DEAR SIR, AUGUST 209 1987 IF THE AGENDA ON TUESDAY, SEPTEMBER 15,1987 FOR THE COUNTY COMMISSION MEETING IS NOT OVERLOADED, I WOULD LIKE TO TAKE THE OPPORTUNITY AND PLEASURE IN ADDRESSING THE COMMISSION ON BEHALF OF THE TELEPHONE PIONEERS OF AMERICA. THE TELEPHONE PIONEERS ARE REACHING OUT TO ALL GOVERNMENTAL AGENCIES, NEWS MEDIA, CELEBRITIES,. ETC. REGARDING AN ONGOING AND SERIOUS PROBLEM IN OUR COUNTRY, AND THAT IS "DRUG ABUSE AS A PIONEER PARTNER I'M ACTING AS A REPRESENTATIVE FOR THEM IN CALLING ON AS MANY ORGANIZATIONS, PEOPLE IN'THE MEDIA, AND THE LOCAL AND COUNTY LEVELS OF GOVERNMENT ASKING FOR THEIR PARTICIPATION BY SIGNING THE INDIVIDUAL PROCLAMATION FOR THIS CAMPAIGN. AT THE MEETING I WILL EXPLAIN THE GOALS, AND THE PROCLAMATION. TIMEWISE IT WILL ONLY TAKE A COUPLE OF MINUTES. THANK YOU FOR YOUR COURTESY AND TIME. Y ED PROKE PIONEER PARTNER •:3wN•Edwarci..:l',*,�Crbke ., 12.;SW.Aj or•Stree St.. Lucie;` R6 di 33452' Mr. Croke then read aloud the following sample Proclamation and submitted copies for all Board members to sign and add any comments they wished. He advised that the Proclamations would be displayed in the schools. 13 SEP S E P 15 1957 PHEREAS, in today's society we face many problems in efforts to cope with with substance abuse; and PHEREAS, prevention and education are our most effective tools to use to reduce or relieve these problems; and PHEREAS, young and old, alike, have proved themselves eager to prevent drug abuse by publicly taking a stand against the use of any mind altering 1 substance and agreeing to support each other in the decision to live a healthy, drug-free life; and PHEREAS, First Lady, Nancy Reagan, has encouraged all America to help create an outspoken intolerance for drug abuse; and 3PHEREAS, the Telephone Pioneers of America have agreed to endorse and support this movement to proclaim aloud; `just say, 'No ... I don't use drugs". / County Commissioner f �OW THEREFORE, I, /1�+ G Indian River Countv do hereby proclaim my personal of "Freedom From Drugs" r N WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Florida Gold Coast Chapter, to be affixed this day of 1987. 14 M Chairman Scurlock expressed the Board's happiness to participate in this program. He noted that this Commission stood very strong this year on the law enforcement issue in an effort to try to address some of these drug problems. GLENDALE LAKES SUBDV. - 47TH AVE. & 9TH PL. - WATER SYSTEM IMPS. 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 attached copy of advertisement, being Axl in the matter o -� in the A Court, was pub- lished in said newspaper in the issues of I10, Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaa`jp',er. Sworn to and subscribed efor a thi day ofA.D. 19 OAK.; / „ 13usine - Ma er) (SEAL) (Clerk of the Circuit Court, Indian River Cbdnty, Florida) PUBLIC NOTICE PLEASE TAKE NOTICE that the Board of Count Commissioners of Indian River County, ,Florid, will hold a public hearing at 9:05 a.m. on Tues day, September 15, 1987, in the Commissioi Chambers located at 1840 25th Street, Ven Beach,Florida, to consider adoption of the fd lowing proposed resolution: RESOLUTION NO. -87 A RESOLUTION OF THE. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING -FOR CERTAIN i WATER IMPROVE- MENTS IN THE GLENDALE LAKE ES- TATES SUBDIVISION, LOTS 11, 12, AND 13 OF GLENDALE-LAKE ESTATES SUB- . DIVISION, BLOCK 2; LOTS 1=6,12, AND THAT PORTION OF THE PARK ABUT- TING LOT 6 OF GLENDALE LAKE ES- TATES .SUBDIVISION, BLOCK 4; AND LOTS 11-19 OF GLENDALE LAKE ES- TATES SUBDIVISION, BLOCK. `5, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OR AS- SESSMENT AND NUMBER OF ANNUAL INSTALLMENTS ; .. - .. why 1 Ar SlL 7. A complete copy of the proposed Resolutior may be obtained by contacting Indian Rive. County Utility Department or the Board o County Commissioners at 1840 25th Street, Ver( Beach, Florida 32960.. PLEASE TAKE. FURTHER NOTICE that if a per son decides to,appeal any decision made by thf Commission with respect to any matter consid ered at this hearing, he/she will need a record o the proceedings and that for such a purpose he/she may need -to ensure that a verbatin record of the proceedings is made, which recon includes the testimony and evidence upon whict , the appeal is to be based. ` ' INDIAN RIVER COUNTY, FLORIDA Charles P. Balczun County Administrator September 3, 19$7 Utility Director Pinto reviewed the following memo: SEP 15 081 15 BOCK. 69 PAGE 45.2- 1- 41 10 SEP 1510,3 TO: BOARD OF COUNTY COMMISSIONERS THRU:. TERRANCE G. PINTO_ DIRECTOR OF UTIL`I�YIfERVICES FROM: JOHN FREDERICK LANG ENVIRONMENTAL SPECIALIST DIVISION OF UTILITY SERVICES. SUBJECT: GLENDALE LAKES SUBDIVISION 47TH AVENUE AND 9TH PLACE WATER SYSTEM IMPROVEMENTS PROJECT NO. UW87-09DS BACKGROUND BOOK 69 PAGE 453 DATE: AUGUST 19, 1987 The Board of County Commissioners in their meeting of May 15th approved the preparation of costs estimates of the proposed water main construction on 47th Avenue and 9th Place. The Department of Utility Services has had engineering plans drawn up by the firm of Masteller and Moler Associates, Inc. Included in the plans were firm cost estimates totaling $40,000.00. The Department of Utility Services wishes to proceed with the project by adoption of this resolution. We are developing preliminary assessment roles and we will bid out construction upon adoption of the attached resolution. Prior to the second public hearing, as specified by Ordinance 81-27, the Department will have an informal meeting with -the property owners regarding their assessments. The Department will come back within 45 days of September 15, 1987 with the results of the bidding process. ANALYSIS Upon completion of the subject project approximately one-third of the residents in the Glendale Lakes Subdivision will be served by the County's water system. The preliminary cost estimate for the entire subdivision's water system improvements is pending, as previously authorized by the Board of County Commissioners on May 15, 1987. RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners authorize the bidding out of the construction for this project and the informal informational meeting with the property owners, as well as, executeing the attached work authorization No. 15 for Engineering Services. Director Pinto advised that this assessment project has been around for some time. There is a request by the residents to be provided with water, and staff would like authorization to get started on the procedure. Chairman Scurlock asked how many customers this would add to our system, and Utility Director Pinto stated that it would be 17 or 18 on this specific project. The Chairman asked if anyone present wished to be heard. There being none, he declared the public hearing closed. 16 ON MOTION rby Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously adopted Resolution 87-117 authorizing proceeding with water improvements in Glendale Lake Estates Sub- division, and authorized the Chairman to execute Work Authorization No. 15 with Masteller & Moler Associates for engineering design services. RESOLUTION NO. 87- 117 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN WATER IMPROVIIMENTS IN THE GLENDALE LAKE ESTATES SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT -OR ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF AREA SPECIFICALLY SERVED. WHEREAS, the Indian River County Division of Utility Services has received a public improvement petition requesting water improvements within the Glendale Lake Estates Subdivision along 47th Avenue and 9th Place; and WHEREAS, the Indian River County Division of Utility Services recognizes a need for water improvements within the Glendale Lake Estates Subdivision; and WHEREAS, pursuant to Ordinance 81-27, the Board of County Commissioners of Indian River County is authorized to improve and establish services and water system improvements, and is authorized to provide fpr payment of the whole cost thereof by levying and collecting assessments upon property deemed to benefit by such improvements; and WHEREAS, conceptual design work including cost estimates for - construction of water improvements in the Glendale Lake Estates Subdivision has been completed by the Indian River County Division e of Utility Services and its contracted engineering firm, Masteller #, & Moler Associates, Inc.; and WHEREAS, the total estimated cost of the proposed water improvements to the owners of property that will benefit from the project is $40,000.00; and 17 ROOK. 69 PAGE 4541 SEP 1 5 �yaa SEP 15 41 BOOK U455 WHEREAS, the special assessment provided hereunder shall be an equal proportion of 100% of the total cost of the project for each given record ownerof property within the specific area benefitted, N and on which a residence is located or could be located; and WHEREAS, the special assessment provided hereunder shall become due and payable at the office of the Division of Utility Services of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81 -27; -and WHEREAS, all special assessments not paid within said ninety (90) day period -shall thereupon become payable in equal installments in each of the succeeding five years with interest established at 12% from the expiration of said ninety (90) days, payable annually; but any assessment becoming so payable in installments may be paid at any time together with interest accrued thereon to date of payment; the balance of assessment shall become due and payable on any transfer of title to said properties; and WHEREAS, after examination of the nature and the anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive direct and special benefit from these improvements, to wit: LOTS 11, 12, AND 13 OF GLENDALE LAKE ESTATES SUBDIVISION, BLOCK 2; LOTS 1-6, 12, AND THAT PORTION OF THE PARK ABUTTING LOT f OF GLENDALE LAKE ESTATES SUBDIVISION, BLOCK 4; AND LOTS 11-19 OF GLENDALE LAKE ESTATES SUBDIVISION, BLOCK 5. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1.. The foregoing recitals are affirmed and satisfied in their entirety. 2. A project providing for water improvements with Glendale Lake Estates Subdivision, heretofore designated as Indian River County Utilities Project Number UW87-09DS, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. 18 The foregoing resolution was offered by Commissioner Eggert , who moved its adoption. The motion was seconded by Commissioner Bird , and upon being put to vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn Eggert Aye Commissioner Gary Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of September , 1987. ATTEST: Wright; C�le (J BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: e. Don C. Scu ock, Jr., firman `.� INDIAN RIVER COUNTY Date: June 21, 1987. Work Authorization No. 15 for Consulting Services Project No. 15 County) (Masteller & Moler Associates, Inc.)(WATER) I. PROJECT DESCRIPTION Title: Potable Water Main on 47th Avenue in Glendale Lakes Subdivision. Consulting engineering design services relative to construction of approximately 500 linear feet of 8" diameter water main from 48th Avenue and 9th Place, east along 9th Place to 47th Avenue, and approximately 1200 linear feet of 6" diameter water main south along 47th ..Avenue to point of connection with an existing water main at 48th Avenue. The project will _include construction of fire hydrants, valves, and appurtenances. Construction cost estimate for the project, including 10% contingency, is $35,365.00. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated July 2, 1986, and specific Article numbers and paragraph numbers which are listed hereunder to describe the scope of services included on this project. A. Project Desian Services per Article 4, Paragraph 4a. and 4b. B. General Services During Construction per Article 5, Paragraph 5a., and 5c. The Resident Inspector shall be a full-time employee of the Engineering Consultant. The Resident Inspector's duties shall be to monitor construction on a continuous basis and be at the jobsite when project construction is taking place. - 19 ROOK PAGE' r BOOK ' FAE 5 C. Su elementary and Special Services per Article 6, Paragraph 6c.,bd.,6e.,6f., and 6g. In addition, our services shall include field surveys necessary for design and preparation of construction plans and assistance to the County in obtaining verious permits and approvals for construction (permit fees to be paid by the County). D. Payment for Services per Article 8, the lump sum fee for Article 4, Paragraph 4a. and 4b. above (Engineering Design Fee) is $3,200.00 and Article 5, Paragraph Sa. and 5c. above (Resident Project Inspection Fee) is :1,400.00. Payment shall be per Article 8, Paragraph 8b. and 8d. Payment for Article 6, Paragraph 6c.,6d.,6e.,6f., and 6g. shall be per Article 8, Paragraph 8a. and 8d. APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By .!>. Don C. Scurlock, Jr -61 Chairman Date /' SUBMITTED BY: MASTELLER & MOLER ASSOCIATES, INC. By Ste en E. Moler, P.E. Vic President Date PUBLIC HEARING - USE OF FEDERAL REVENUE SHARING FUNDS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL J Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published �, ..., at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 7 NOTICE ...NOTICE IS HEREBY GIVEN that On 7M.18th day M Sep e"IIW- 10I et the!rota of 9:aa o'dack ZIA-Z will he h1ki an tM uses 0 Fed6rel 0.N., M me County CommlWor+ Chambers. a eIW9Wt HINT"3� a j . Remue S" CCunds. i Below b e b 11 Bumrnary the ! � Fedartl R}rMl+te•8he!U+g OF COUNTY COMMIS31�8 in the matter of BOARO : NDIAN gqIVER COUNTY. FLORIDA • +` �., EUDGETYEAR IOU4a ' ':13" I. ESTIMATED RECEIPTS AND BAUI•NCF'�.:y,{o -moi .:;••txa . w t 0D`.1 1, Federal Sources a .:sateeouroa. ?. ,.t(sI'M.+t'1.: y� i+ � i;'Ldael Sources Aq Lees fees�, 1, 7987 %��;rf ' S, a:T,'�71t,481 Cush i res i.;� in the _— Court, waa pub• Saew"FawaHC (Octobai . y�cat ; Y E Y i TOTALESTWATEORE IPTSANDGALANCEO'•'•. lished in said newspaper in the issues of 3_ j,0 +�'!+4(C.i4;+'+'Tf. �^"�" .1711,i•r a Pubuc ?200,740 •. M. !:20.600.'! •' r T TtlAP�PAOPRIA'1'ION$ .. p sit TOTAL -, r Cash ForwardSepp 30 1YB9 �r { I .r :. 1,: vyoiwg Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 1 TOTAL SUDGETt� Y `�{ '�Qt advmed to &uwW the whedulea Budget lnO oldmeMi rl of Prtl a+s ae% 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 ; go entre Budget in relationship ofEnttttmrmgtFun"totheuBdlundu44 funI �n = � �gej C In itional the C�tty°ggdminbt asenn 18i0 � Sbu4A entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun• Inspeatloat Vefarro l" h, FL durnh the normal business hours BudtM= g• ' Q( t• ty. Florida, for a period of one year nett preceding the lirat publication of the attached copy of Beard of Cau^ry ommC Iesl°'e+e v.. �• �( pjr,g• t',M i+�..:... of Indian !Wer CauMY Florka �.e:' it-!,•. �' a<(�,�:''"',Jt�q•i . . advertisement; and affiant further says that he has neither paid not promised any person, firm Itic,lr By;OonC.ttcurlock,Ji.,Chslrmen.:::;:Z,yl:•;:"`�+'•1:•-'�?',P%1tF.r,v�; •'.'^`-r or corporation any discount, rebate, commission or refund for the purpose of securing this --- - ---*1n advertisement for publication in the said newspaper. Sworn to and subscri bel met�_ day of �fW. 19 (Bs Man oq (Clerk of the Circuit Court, Indtan River County, ride) (SEAy The Chairman asked if anyone present wished to be heard. There being none, he declared the public hearing closed. 20 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved Resolution 87-118 adopting a final budget for the Federal Revenue Sharing Fund for FY 1987-88. RESOLUTION NO. 87-118 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1987-88 FOR THE FEDERAL REVENUE SHARING FUND. WHEREAS, the Board of County Commissioners of Indian River County has held the necessary budget hearings as provided by Florida law, has considered all expenditures set forth in the budgets, and now deterines that adoption of the budget is in the best interest of the citizens of Indian River County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does hereby adopt the budget set forth in the attachment to this resolution for the following fund: FEDERAL REVENUE SHARING FUND The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of September, 1987. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By `bon C. cur oc c, 21 Chairm t p R0G -n PAGE AID .V ii UOD `L INDIAN RIVER COUNTY - OTHER OPERATING FUNDS - PROPOSED FOR FY 87-88 FEDERAL 1985 REF. SECTION 8 HOUSING SECONDARY SPECIAL LAW 'PISTOL PARES REVENUE 6 IMPROV. RENTAL AUTHORITY ROADS CONST. ENFORCEMENT PERMITS DEVELOPMENT TOURIST o SHARING BONDS ASSISTANCE FUND TRUST FUND FUND FUND FUND TAX - ESTIMATED RECEIPTS AND BALANCES: --------- ------------ ---------- ---------- ----------- ----------- ----------- ------------ Federal Sources 0 0 743,493 0 0 0 0 0 0 State Sources 0 11429,357 0 0 731,000 0 0 0 0 Local Sources 81000 0 85,895 139795 11727,524 37,000 1,000 9,000 251,000 Less 5% per F. S. 129.01(2)(b) (400) (71,468) 0 0 (122,926) (11850) (50) (450) (12,550) Transfers 0 0 0 58,182 55,000 0 0 0 0 Cash Forward October 1, 1987 224,461 71,468 0 0 3,917,971 24,000 1,600 145,450 108,550 TOTAL ESTIMATED RECEIPTS AND BALANCES 232,061 1,429,357 829,388 719977 6,308,569 59,150 2,550 154,000 347,000 APPROPRIATIONS: N General Government 25,850 1,429,357 0 0 0 0 0 0 0 Public Safety 0 0 0 0 0 0 1,050 0 0 Physical Environment 0 0 0 0 0 0 0 0 0 Transportation 200,750 0 0 0 830,000 0 0 0 0 Economic Environment 0 0 0 71,977 0 0 0 0 0 M Human Services 0 0 8299388 0 0 0 0 0 0 Culture/Recreation 0 0 0 0 0 0 0 141,000 347,000 Interfund Transfers 0 0 0 0 5,153,000 0 0 0 0 TOTAL APPROPRIATIONS --------- 226,600 --------=-- 11429,357 --------- 829,388 --------- 71,977 -------- -- 5,983,000 ----------- 0 --------- 1,050 ----------- 141,000 ----------- 347,000 X , Reserve for Contingencies Cash Forward September 30, 1988 5,461 0 0 0 0 0 0 0 1009000 225,569 30,000 29,150 950 550 71000 61000 0 0 Lu TOTAL BUDGET 232,061 1,429,357 829,388 71,977 6,308,569 59,150 2,550 154,000 347,000 6 REZONING - E. OF USI & N. OF CR512 TO CG (HALE GROVES) 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 attached copy of advertisement, being a In the matter In the Court, was pub- lished in said newspaper in the issues of �`S c7p Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 3 day oft!�` A.D. 19 50 / u ss ager) (SEAL) (Clerk of the Circuit Court, Indian Rive J2ounty, Florida) SEP ID 1987 �( ,' NOTICE - PUBLIC HEARING Notice of hearing to consider the adoption of a County ordinance rezoning land hom: CL Umited Commercial District to CG, General Commercial District. The subject property is pre- I .sently owned by Hale Indian River Groves, Inc. I and is located east of U.S. Highway 1 and south of 93rd Street. The subject property Is described as: Being a parcel of land situated in the Northwest'/� of Section 28, Township 31 South, Range 39 East, Indian River County, Florida, and more particularly described by metes and bounds as fol- lows: Commence at the southwest cor- ner of Government Lot 5, Section 21, Township 31 South, Range 39 East, 'thence run south on the west boundary - line of the northeast 1/4 of the northwest 'A of Section 28, a distance of 38.28 feet to a point of intersection of said west bounds line with the east right-of-way fine of U.S. Highway No. 1; thence run I south 25'57'44" east along the east boundary line of U.S. Highway No. 1 a distance of 225.97 feet to the Point of Beginning, which is the intersection of the east boundary of U.S. Highway No. 1 and the south boundary line of SRD 70 foot drainage easement as recorded in Official Record Book 5, Page 297, Indian River County records. From said Point of Beginning run north 44°3'16" east along the south line of the SRD drainage ease- ment a distance of 285.27 feet to a point; thence continue along south line of SRD drainage easement North 64°24'31" East a distance of 31.90 feet to a point•, - thence, run south 25°5744" east a dis- tance of 586.39 feet to a point; thence south 63°50'16" west a distance of 300.05 feet to the east boundary line of U.S. Highway No. 1; thence north 25°5744" west a distance of 490.15 feet i to the Point of Beginning. 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 County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Tuesday. Septem- ber 15, 1987, at 9:05 a.m. The Board of County Commissioners may grant a less intense zoning, district than the dis- trict requested provided it Is within the same general use category. 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 testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: -s-Don C. Scurlock, Chairman Ann. 25.1997 Staff Planner David Nearing made the following presentation: 23 BOOK 0 PAGE;�iLftl c ,Sp 15 IS67 Boon 69 PdrE`461 TO: The Honorable Members DATE: September 2, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: X L,SUBJECT: JOHN CACHES REQUEST TO Robert . Kea l g, _ P REZONE 3.7 ACRES FROM Planning & Dev lopm t Director CL, LIMITED COMMERCIAL TO CG, GENERAL COMMERCIAL FROM: David C. Nearing, h&41 REFERENCES: Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 15, 1987. DESCRIPTION & CONDITIONS Mr. John Calmes, acting as agent for Hale Groves, Inc., has requested to rezone 3.7 acres of property from CL, Limited Commercial to CG, General Commercial. The subject site is the location of the Hale Groves packing house and sales facility, located on the east side of U.S. 1 approximately one mile north of C.R. 512. Because packing houses are not a permitted use in the CL zoning district, the packing house portion of the facility is currently considered a legally nonconforming use. Because the use is nonconforming, it is not possible to expand or add to the facility. Packing houses are, however, allowed as special exception uses in the CG district. Hale Groves is requesting this rezoning in order to construct an addition to the packing house. On August 13, 1987, the Planning and Zoning Commission voted 7-0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- -mental quality. Existing Land Use Pattern The subject site currently contains a retail sales and packing house facility. To the north of the site are groves zoned CL. To the south of the site is a single-family residence and retail shops zoned CL. East of the site are groves zoned RM -6, Multiple -Family Residential District (up to 6 units/acre). West of the site across U.S. 1 are the Hale Groves office facilities and groves zoned CG, General Commercial. Future Land Use Pattern The Comprehensive Plan designates the subject site and the land north, south, and west as MXD, Mixed Use District. The land east of the subject site has a land use designation of LD -2, Low -Density Residential 2 (allowing up to 6 units/acre). The requested rezoning is consistent with the comprehensive plan, and with the existing CG zoning west across U.S. 1. 24 Transportation System The site currently has access to U.S. l,classified as an arterial roadway by the County thoroughfare plan. Additional truck traffic may be expected; however, because of the site's location adjacent to groves under the applicant's ownership, some of the additional truck traffic will be internal from the groves to the east. Environment The subject site is not designated as environmentally sensitive.._ A portion of the site does lie within an area which is subject to* flooding, and any addition to the site will require additional engineering and stormwater management design consideration. Utilities The site is not currently serviced by public water and wastewater facilities. RECOMMENDATION Based on the analysis performed, staff recommends approval. The Chairman asked if anyone present wished to be heard. There being none, he declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Ordinance 87-55 rezoning 3.7 acres from CL to CG as requested by John Calmes, agent for Hale Groves. ORDINANCE NO. 87-55 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing. and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties.in interest and citizens were heard; 25 L- SES 15 1987 BOOK D� PAG(462- SEP 15 1-9 7 BOOK :'. PAfiE`463 r NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: Being a parcel of land situated in the northwest i of Section 28, Township 31 South, Range 39 East, Indian River County, Florida, and more particularly described by metes and bounds as follows: Commence at the southwest corner of Government Lot 5, Section 21, Township 31 South, Range 39 East, thence run south on the west boundary line of the northeast j of the northwest $ of Section 28, a distance of 38.28 feet to a point of intersection of said west.boundary line with the east right-of-way line of U.S. Highway No. 1; thence run south 25°57144" east along the east boundary line of U.S. Highway No. 1 a distance of 225.97 feet to the Point of Beginning, which is the intersection of the east boundary of U.S. Highway No. 1 and the south boundary line of SRD 70 foot drainage easement as recorded in Official Record Book 5, Page 297, Indian River County records. From said Point of Beginning run north 44°3116" east along the south line of the SRD drainage easement a distance of 285.27 feet to a point; thence continue along south line of SRD drainage easement North 64024131" East a distance of 31.90 feet to a point; thence, run south 25°5744" east a distance of 586.39 feet to a point; thence south 63150'16" west a distance of 300.05 feet to the east boundary line of U.S. Highway No. 1; thence north 25057144" west a distance of 490.15 feet to the Point of Beginning. Be changed from CL, Limited Commercial District to CG, General Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on thisl5th day of September,1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. By Don C. Scurlock, Jr./Chairman ARCHITECT FOR DESIGN OF FIFTH COURTROOM Public Works Director Davis reviewed the following: 26 TO: The Honorable Members of the DATE: September 8, 1987 FILE:-- Board IL.E:Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator FROM - 'James W. Davis, P.E., Public Works Directoi" SUBJECT: Architect selection for Design of the Fifth Courtroom REFERENCES: DESCRIPTION AND CONDITIONS The Selection Committee interviewed three architectual firms on August 28, 1987 for the design of a Fifth Courtroom at the Courtroom Annex Building. - Based upon the interviews held, the CanLi.ttee has ranked the firms in the following order: 1) Architects Design Group, Inc. - Winter Park, Florida 2) W.R. Frizzell Architects - Palm Beach Gardens, F1. 3) John W. Calms, Vero Beach, Fl. REC MMATION It is recommended that staff begin Contract negotiations with Architects Design Group, Inc. There is no funding to be considered at this time. Question arose about funding and whether monies are budgeted. Director Davis believed he heard at budget sessions that there are monies budgeted for the fifth courtroom, and the Chairman asked that the Administrator check on the budgeted amount. Further discussion ensued regarding a price, and it was noted that the Motion is to negotiate only. Commissioner Bird was surprised that more local architect- ural firms didn't submit proposals, but the Chairman believed our history of renovations, especially in the Courthouse, has served to dampen their enthusiasm. 27 S EF 15 1987 konz� N SEP 15 1987 BOOK a. PAGE - ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously authorized staff to begin contract negotiations with Architects Design Group, Inc. WATER MAIN PROJECT - BREEZEWOOD PARK, LITTLE PORTION SUBDV. AND SUNNYDALE ACRES REGION The Chairman noted that this happens to be the area where he lives. Utility Director Pinto reviewed the following memo: TO: BOARD OF COUNTY COMMIS NERS THRU: TERRANCE G. PINTO DIRECTOR OF UTILITj SERVICES FROM: JOHN FREDERICK LANG qV ENVIRONMENTAL SPECIALIIST DIVISION OF UTILITY SERVICES DATE: AUGUST 31, 1987 SUBJECT: WATER MAIN PROJECT FOR BREEZEWOOD PARK, LITTLE PORTION SUBDIVISION AND SUNNYDALE ACRES REGION BACKGROUND The Division of Utility Services has received a petition in the past to construct a looped water main extension for 71st Avenue, 71st Court and segments of 18th Street and 16th Street south of State Road 60. The neighboring Wedgewood Project's construction has brought the public water main underneath State Road 60 and due to renewed interest from the area's residents the Division of Utility Services recommends proceeding with the project. ANALYSIS The groundwater in the area is of poor quality due to high concentrations of iron and hardness. Thus the three subdivision region described above is a prime candidate for connection to the public water system now that it is available. RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners authorize the preparation of detailed cost estimates for engineering and construction, the work authorization for engineering and a preliminary assessment role: In the past, a petition was presented to the Division of Utility Services, however, due to the costs associated with boring underneath State Road 60, the residents chose not to fund the project. A twelve inch public water main now exits in close proximity to Little Portion Subdivision, Sunnydale Acres and Breezewood Park and the Division recommends proceeding with the project by forced assessment instead of having -the project delayed further by waiting for another petition to be generated. 28 Director Pinto noted that there was a request for this about two years ago, but we purposely held it back because we knew of the need to cross SR60. That now has been completed and will save these people a great deal of money. He urged that the project be moved along. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved staff recommendation as set out in the above memo. K AUTHORIZATION NO, 16 IS ON. FILE IN THE OFFICE OF THE CLERK RIVER'S EDGE WATER AND WASTEWATER TREATMENT FACILITY Utility Director Pinto reviewed the following: DATE: TO: FROM: SUBJECT: BACKGROUND SEPTEMBER 14, 1987 BOARD OF COUNTY COMMIS ON S TERRANCE G. PINT DIRECTOR OF UT E ICES RIVER'S EDGE WATER AND WASTEWATER TREATMENT FACILITY OWNED BY KEPPLER LAND IMPROVEMENT INC. River's Edge water and wastewater treatment facility is presently before the Indian River County Environmental Control Hearing Board due to unsafe and unsanitary conditions of the treatment facilities. Upon the recommendation of the Environmental Control Hearing Board the owner's of the subject property have agreed to transfer the treatment facilities to the County. The facilities will be maintained by the County Utilities Department until County water and wastewater is available to the subject property. The owner's shall be responsible for providing the County with all pertinent documents associated with the transfer of the facility such as warranty deed, bill of sale, deed of easement, etc. RECOMMENDATION The Environmental Control Hearing Board has prepared the attached Stipulation, presently being signed by the owner's, for the Boards review and approval. Utility staff recommends that the Board of County Commissioners approve the Stipulation, and after all pertinent documents are received by the County, authorize the Chairman to sign the Stipulation, thus finalizing the transfer. Director Pinto believed the Board is familiar with this facility, which has been a problem for years, but one we have not had any authority to do anything about up until recently when it left the City of Sebastian and transferred into the county. 29 �+ SEP 15 X287 B00K U9 PAGE ` a I r BOOK, 69 P AGE467 SEP 15 1987 P Director Pinto informed the Board that staff went up and looked at the operation going on there, and words simply can't describe it. He could not believe that the DER couldn't have taken stronger action. Utilities feels that the only way to resolve this problem and protect the health and welfare of the community is for the county to take the facility over as quickly as we possibly can and make emergency repairs to assure that the people have adequate and safe water. The Environmental Control Board has written a Stipulation for the utility owners to sign which will accomplish this. Mr. Pinto noted that we are not really gaining an asset; we are agreeing to take this facility over strictly because of our concern for the health and welfare of the residents. We are insisting on a clear title and all their back records, plans, etc., being turned over to us to give us some assistance in providing the service. Director Pinto continued that he is going to meet with the residents of this community Thursday night. They will be required to pay impact fees, both water and sewer. We are probably looking at some $50-60,000 immediate expense to go in and replace what they have, particularly on the water side, and staff needs the Board's approval to go in and make these emergency repairs as soon as all documents are signed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Stipulation, authorized the Chairman to sign same after all pertinent documents are received, and authorized staff to make the required emergency repairs as soon as the legalities are taken care of. Commissioner Bowman was concerned that this will cost us a lot of money and felt strongly that the $1,000 required to be paid by Keppler is not nearly enough. She noted that Keppler has been fined punitive damages over the years; she did not believe 30 he ever paid a nickel to anyone, and she felt he is getting off the hook too easily. Chairman Scurlock believed the Environmental Control Board realized that and unanimously felt the fine could have been more, but the important thing was to get the situation resolved. In addition, the other value is that the assets do come to the county, and the almost 2 acres of land, which we can eventually dispose of, does have some value; so, it is $1,000 plus the value of that Land. The system itself is not worth much. Utility Director Pinto noted that Commissioner Bowman is absolutely right. We are going to have to spend a lot of money, and this demonstrates the predicament some of these developer package system present the county. Some discussion ensued in regard to annexation procedures, and the Chairman noted that the Florida League of Cities has been very successful in getting the rules relaxed, which he felt has been a bad thing for our citizens. STIPULATION FOLLOWS ............. SEP 15 1987 31 a r or ' AU� 49 Fr - 41 r INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA INDIAN RIVER COUNTY HEALTH ) DEPARTMENT, ) Petitioner, ) vs. ) KEPPLER LAND IMPROVEMENT, ) INC., ROYAL GOLD JEWELRY, ) INC., ELLIOTT KEPPLER, JR.,) ELEANOR M. KEPPLER, and ) PURE GOLD, INC., ) Respondents. STIPULATION BOOK PAGE�� CASE NO. 12-86 Petitioners, INDIAN RIVER COUNTY HEALTH DEPARTMENT, and signatories INDIAN RIVER COUNTY, INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD and STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, STATE OF FLORIDA, HEALTH AND REHABILITATIVE SERVICES, and Respondents, KEPPLER LAND IMPROVEMENT, INC., ROYAL GOLD JEWELRY, INC., ELLIOTT KEPPLER, JR., ELEANOR M. KEPPLER and PURE GOLD, INC., stipulate as follows: 1. Respondents neither admit nor deny any violations of laws or rules, including those cited in the Notice of Non - Compliance and Amended Notice of Non -Compliance filed in this case. 2. Respondents agree to do the following in order to resolve this case: a. Pay One Thousand ($1,000.00) Dollars to Indian River County on or before September 21, 1987. If all persons party to this Stipulation have not executed the Stipulation by said date, such funds shall be paid to Jack B. Spira, P.A., Trust Account on or before September 21, 1987. b. Transfer the subject water and sewerage systems to Indian River County and meet any requirements Indian 32 I� � River County has for acceptance of such systems, including but not limited to the transfer of clear title to the real property the systems are located upon, subject to any restrictions of record, zoning restrictions and similar restrictions, together with any easements needed by the County at the time of the transfer. c. File a Notice of Dimissal in Keppler Land Improvement Inc., et al vs. Indian River County Environmental Control Hearing Board, et al., Case #87-0844, Fourth District Court of Appeal, State of Florida, within forty-eight (48) hours after formal acceptance of all parties to this Stipulation. d. Maintain the subject water and sewerage plants in a safe and sanitary manner so as not to jeopardize the environment or public health until such time as the transfer described in subparagraph "b" above is approved by the Indian River County Board of County Commissioners. This shall include but not be limited to the uninterrupted operation of the water supply and sewerage system, the timely payment of electric bills, and the retention of chlorine residual in the finished water as required by law. 3. This Stipulation and any Order approving this Stipulation are conditioned upon the transfer of the subject water and sewerage systems and formal acceptance of same by the Indian River County Board of County Commissioners on or before September 29, 1987. If for any reason, including reasons beyond Respondents' control, such transfer and acceptance is not completed, this Stipulation and any Order adopting this Stipulation shall become null and void, as if they had never been entered or approved. It is understood and agreed that any acceptance of the subject water and sewerage systems is within the total discretion of the Indian River County Board of County SEr 15 `�� 33 LLBoor e 470 y M�M' Commissioners. BOOK PAGE 471_ If the Board of County Commissioners for any reason rejects or refuses to accept the transfer, this Stipulation and any Order adopting same shall be null and void as if they had never been entered or approved. 4. This Stipulation is further conditioned on its being signed by an authorized representative of the State of Florida, Department of Environmental Regulation, on or before October 15, 1987. In the event this Stipulation is not so signed, this Stipulation and any Order adopting same shall become null and void, and shall have no effect, as if they had never been entered or approved. 5. Respondents stipulate to the entry of any Indian River County Environmental Control Hearing Board Order adopting this Stipulation and incorporating it into its Order, and waive all defenses to any action to enforce the same. This latter stipulation shall be of no legal effect until this Stipulation is approved by all signatories below. 6. Petitioner agrees to recommend that the Indian River County Environmental Control Hearing Board adopt this Stipulation as its Order in this cause as full settlement of all outstanding alleged violations. Specifically, signatories, State of Florida, Department of Environmental Regulation; Indian River County; State of Florida, Department of Health and Rehabilitative Services; Indian River County Environmental Control Hearing Board and Indian River County Health Department, waive any right to proceed against Respondents for any real or purported violations,, whether statuory, by administrative rule, ordinances or any other law, or at law or equity, before any court, regulatory agency or board, including the actions forming the basis for Case #87-0844 before the District Court of Appeal, Fourth District, State of Florida, known as Keppler Land Improvement Inc. et al vs. Indian River County Environmental Control Heairng Board, et al. 7. in the event that the Indian River County Environmental 34 M M Control Hearing Board refects this Stipulation, this Stipulation shall be null and void, and of no effect, as if the Stipulation had never been entered or approved. September 15, 1987 Date Indian River County By Chairman Date Keppler Land gKott ovemen , Inc. By President Ke pier, Jr. Date Royal Gold JeW6VFy, In By President Elliott Keppler, Jr. Date Pure Gold, Inc. *—L By Elliott Keppler, Jr. Date Elliott Kepple , . 419 Hawthorne Court Indian Harbour Beach, Florida 32937 Date Eleanor M. Keppler 419 Hawthorne Court Indian Harbour Beach, Florida 32937 w Date State of Florida, Department of Environmental Regulation By: Its: .2 ate t Indio River County Health Department for itself as agent for Department of Health and Rehabilitative Services, State of Florida By: Michael J. Galanis/Suzanne H. Vitunac Its: Director, Environmental Health/ Attorney ate Indian River County Environmental Control Hearing Board By: Nqn �.�la�s� �►�`• Its : C' �!� n-��• eo 35 SEP 15 Qoor � 9 PAGE 472 F� I SEP 15 1987 41 BOOK 69 PAF 473 ADOPTION OF DRAFT WASTEWATER MASTER PLAN Director Pinto reviewed the following: DATE: SEPTEMBER 14, 1987 TO: BOARD OF COUNTY COVVINCEES FROM: TERRANCE G. PINT DIRECTOR OF UTIL SUBJECT: ADOPTION OF THE DRAFT WASTEWATER MASTER PLAN BACKGROUND On August 25, 1987, our consulting engineers, Camp, Dresser and McKee presented to the Board of County Commissioners the County's proposed Wastewater Master Plan. The Consultants answered any questions that the Board may have had and no further discussion was presented to them or to the Utility Staff. RECOMMENDATION Utility staff therefore requests that the Board of County Commissioners adopt the Wastewater Master Plan as presented by Camp, Dresser, and McKee on August 25, 1987. Director Pinto advised it is required that the master plan be adopted formally, and it.then becomes part of our application. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, to adopt Resolution 87-119 the Wastewater Master Plan as presented by Camp, Dresser, and McKee and as recommended by staff. Commissioner Eggert noted that she is willing to move this for the application, but there have been changes; we haven't seen the final proposal; and it frustrates her to approve something she actually hasn't laid eyes on. Utilities Director Pinto pointed out the master plan is something we can come back to at any time and make amendments as growth dictates. This actually amends the 201 Plan which we adopted in the 1701s. The Chairman agreed it is a continually changing document. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 36 RESOLUTION NO. 87-119 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN ENGINEERING STUDY REQUIRED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AS A PREREQUISITE FOR RECEIVING GRANT FUNDING FOR CONSTRUCTION OF A RECIONAL SLUDGE AND SEPTAGE HANDLING FACILITY. WHEREAS, the Board of County Commission of Indian River County, Florida, has determined that the interests of the citizens and residents of Indian River County, Florida, would best be served by adopting the Engineering Study required by the Florida Department of Environmental Regulation as a prerequisite for receiving grant funding for construction of a regional sludge and septage handling facility; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the attached Engineering Study which is required by the Florida Department of Environmental Regulation as a prerequisite for receiving grant funding for construction of a regional sludge and septage handling facility, is adopted. The foregoing Resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary Wheeler Aye The Chairman thereupon declared the Resolution duly passed and adopted this 15th day of September, 1987. Attest Freda Wright, Cl1ee jt Y L BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C. Don C. Scurlock J Chairman 37 .. �Of�K T3PAG'E 474 s 41 SEP 15 1987 ROCKRIDGE SEWER PROJECT WORK AUTHORIZATION #18 BOOK 6;, PACE 475. Director Pinto reviewed the following memo: DATE: TO: THRU: FROM: SUBJECT: BACKGROUND SEPTEMBER 14, 1987 BOARD OF COUNTY COMMIS TERRANCE G. PIN DIRECTOR OF UTILIT SERVIC-P ERNESTINE W. WILLIAMS MANAGER OF PROJECT ADMINISTRATION ROCKRIDGE SEWER PROJECT WORK AUTHORIZATION #18 As you know, the Division of Utility Services is in the process of obtaining federal funding for the Rockridge Sewer Project. In fact, the grant application is in the review stage right now and we are almost certain a favorable decision will be made very soon. The engineering firm of Masteller and Moler Associates, Inc., will perform services relative to the Rockridge Assessment Roll at an estimated cost of $1,000.00. Masteller and Moler have done the North County Assessment Roll and they are familiar with the area and have agreed to do the assessment roll for Rockridge. RECOMMENDATION The staff of the Division of Utility Services recommends and requests authorization for the engineering firm of Masteller and Moler Associates, Inc., to perform the necessary services relative to the Rockridge Assessment Roll at an estimated cost of not more than $1,000.00. Director Pinto noted that the intent is to try to incorp- orate this assessment into the North County project, and if that is not successful, we will have to try to link it up with some other larger project. This will give the people the opportunity to extend payment of their impact fees, possibly over a ten year period. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved Work Authorization #18 - Masteller 8 Moler Assoc. for the Rockridge Area Sewer Assessment Roll. 38 INDIAN RIVER COUNTY Date: Sept. 10, 1987. Work Authorization No. 18 for Consulting Services Project No. 18 County) (Masteller & Moler Associates, Inc.) (WASTEWATER) I. PROJECT DESCRIPTION Title: Rockridge Area Sewer Assessment Roll Consulting services relative to the referenced project involving the preparation of a Property Assessment Roll and Exhibit for the Rockridge Area Sanitary Sewer System. The assessment roll will contain the name, address, legal description, just value and assessment amount of each property directly benefited by the project, as contained in Indian River County's 1987 tax roll. The.information will be obtained with the assistance of the Property Appraiser's Data Processing Department. Ten (10) copies of the Assessment Roll are included and will be furnished to the County. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated July 2, 1986, and specific Article numbers and paragraph numbers which are listed hereunder to describe the scope of services included on this project. A. Study and Report Services per Article 3. B. Payment for Services per Article 8, paragraph 8b. for "A" above shall be the lump sum fee of 81,000.00. Payment shall be per paragraph 8d. APPROVED BY: SUBMITTED BY: INDIAN RIVER COUNTY MASTELLER & MOLER ASSOCIATES, INC. BOARD OF COUNTY COMMISSIONERS By G By Don C. Scurlock, JV Earl H. Masteller, P.E. Chairman G President (� Date ! " ��� a -% Dated REPORT ON TALLAHASSEE VISIT - COM. EGGERT 8 ATT. VITUNAC Attorney Vitunac that he and Commissioner Eggert went to Tallahassee Thursday and started a 12 -hour marathon of meetings with officials up there. They started at noon with Gordon Johnston of the Department of Community Affairs re the Housing Authority. The result of that, in brief, was that the county does need to sign some agreement with the state guaranteeing repayment of $80,000 to FmHA. Failing that, we will be put on a 39 S E p 15 695 sooK 69 PAGES 41 'SEP 15 1987 BOOK 69 PACE 4 list at the state level where the state will look very carefully at everything our county wants from the state. Attorney Collins has assured us that imminently FmHA will approve Phase 11 and pay off that debt, and it will all be over. In the meantime, Attorney Vitunac recommended we sign some agreement with the state where we will act as a surety for the money. Commissioner Eggert noted that this was done under pressure from the state auditors. She felt there is no sense getting us on a bad list for something that probably won't touch us in the long run. The Housing Authority is very close now - the last three lots are in process; they have 100 rental units filled; and a waiting list for the 50 units they want to build. Attorney Vitunac advised that they then went to the Division of Libraries and met with the two top librarians of the state, who confirmed that a $200,000 grant is in their state budget in 1988 for the Sebastian Library and the main Library, and Commissioner Eggert clarified that there is $200,000 in the 87-88 year budget and then $200,000 in the 88-89 year. Attorney Vitunac continued that they next went over to HRS to meet with the EMS people about the variance for the paramedics and also talked about our new County ordinance on EMS. They were given some very helpful information about what the state would like to see in our ordinance and what we could take out of it. Commissioner Eggert reported that there is a proposed rule change they are almost positive will go through, which says that unless there is an ordinance in place in the county, the ambu- lance squads, paramedics, etc., do not have to get a certificate of need from the county. She, therefore, felt it is doubly important for us to have the ordinance in place in the way the state suggested so that it doesn't overlap their authority. Attorney Vitunac noted that the next day they met at break- fast with the Primary Care specialist from the state level. This was mainly informational, and they were assured it is an on-going program; it has a high priority at a state level and will not 40 f disappear even if the Sales Tax is changed. The state people seem to feel that participation is voluntary, not mandatory, at state level, and emphasized that we will receive a great dividend on this money by keeping people out of the emergency rooms. Commissioner Eggert pointed out that, in spite of what they say, the Bill does say "must." Attorney Vitunac advised that Commissioner Eggert and he next went to the Bureau of Economic Development to talk about "blue chip" status and whether that program was feasible for our county. Commissioner Eggert noted that the program is non-existent, but the process is good for us. It was a certification thing which required you to gather all the information about your county, its needs, its district, etc., and it is a big plus to have that information available when you are looking for industry to come in here. We -are going through that with the Chamber of Commerce, and that information is being gathered together. Attorney Vitunac continued that they then went to the Department of Agriculture and met with Wally Rich about our County Fair. They were told that Doyle Conner hadn't quite signed the agreement yet that would make us an authorized County Fair at the state level, but he was going to. They also went over the master plan again talking about flow patterns, and were told that the State had $25,000 from the Stateeand $50,000 from the Cattleman's Association for an agricultural building at the Fair whenever we get the master plan ready. Attorney Vitunac advised that lastly they went to Rep. Dale Patchett's office and thanked his people for setting up the meetings. They got the latest scoop on the Sales Tax, and were told it will not help us to go ahead and hurry up the referendum on the 14 optional sales tax because they will have an open session and they will repeal it. It was thought the state would give us something in return, but they didn't know exactly what. r 41 BOOK. -61 FacF 10 A su AUTHORIZATION FOR CLOSING WITH BENT PINE UTILITY Attorney Vitunac informed the Board that Bent Pine wants to see the cash in escrow before they will move to get the lawsuit : dropped on the permit protest; so, we have been on the phone since Saturday. The plan is that Bent Pine will come in tomorrow, and we will have a mini -closing in escrow with an escrow agreement. He, therefore, would like authority to give a $270,000 check to their escrow account. The letters of apology will be signed and delivered to him. Commissioner Eggert asked if the letters of apology are going to be read in open Commission meeting? Chairman Scurlock commented that he is both disheartened and aggravated by the editorial in the paper this morning, which he thought missed the whole point. Mr. Pinto and he, at great pressure to their families, have decided to settle; this Commission has formally taken and made Motions and approved entering into this agreement; and yet this group now is insisting on having cash in escrow before they move again, which he felt demonstrates their entire attitude through this whole process. The Chairman emphasized that the whole point is that Bent Pine Utility sat here and abused the process, abused the citizens of Indian River County - the Gifford community almost lost their entire project, the Grand Harbor project could easily have been scuttled, and these were all side issues. None of it had to do with the real issue of acquisition of that utility when it came right down to it, and he felt the Press was irresponsible and that article "stunk." Attorney Vitunac advised that he needs authority to go ahead and sign some of these interim documents and proceed with the mini -closing, and then we will push for the main closing as soon as possible, probably in about three weeks. OMB Director Baird stated that, in order to avoid any problem with the auditors, he would like authorization in the record to pay these monies out of the Utility Impact Fee funds . 42 4 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the Attorney's recommendation and the OMB Director's recommendation, i.e., authority to sign interim documents and go ahead with the mini -closing with Bent Pine Utility, and authority for the OMB Director to issue a $270,000 check to be deposited into their escrow account, the funds to be taken out of the Utility Impact Fee funds. MSE AGTM4H1qT = ESCMWj TGF E 94ENT ARE ON FILE IN THE OFFICE OF THE CLERK TRANSPORTATION PLANNING COMMITTEE REPORT Commissioner Bowman reviewed the following summary: TRANSPORTATION PLANNING COMMITTEE SUMMARY OF ACTIONS September 9, 1987 MEETING 1. Pedestrian Access to Gifford Park: The Committee recommends that a bikewalk not be provided along 49th Street. Improvements to the 45th Street sidewalk, and'a new sidewalk along the 43rd Avenue extension are recommended to provide access. 2. Thoroughfare Plan Amendments: The Committee unanimously recommends that the staff -proposed amendments be approved: a) Change the roadway functional classification nomenclature, and b) Develop a separate subdivision collector map, and add three roads at this time. A formal agenda item will be submitted after P&Z review. 3. Traffic Signal - State Road 60 at 58th Avenue: The Committee recommended to petition the FDOT to replace the left -turn signal phase on SR -60. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously accepted the above summary for the record. 43 BOOK _ 69 P��E;��Q I& i N SEP 15 1937BOOK PACE 4®1- NEED FOR CHILD/ADOLESCENT SERVICE IN COUNTY Commissioner Eggert reviewed the following memo: TO: Board of County DATE: September 9, 1987 FILE: Commissioners SUBJECT: Need for Child/Adolescent Service in Indian River County FROM: Commissi.oneEgger REFERENCES: We have increasing needs for child/adolescent service in the mental health and. drug rehabilitation care in Indian River County. We have 40 adult beds going unused at Rivendell that could be redesignated to child/adolescent to handle the 36 young people they have on the waiting list. Rivendell is asking the State for a redesignation. I wrote a personal letter because it was needed by September 11, 1987. I would like us to provide to Rivendell a letter signed by our Chairman that contains the following information: To Whom It May Concern: At their meeting on September 15, 1987, the Board of County Commissioners discussed the need for child and adolescent service in Indian River 'County, and its increasing pressure on our facilities. Rivendell currently has a waiting list of 36 young people, yet its adult beds go unused. The Board of County Commissioners would like to have the 40 adult beds at Rivendell redesignated to child/adolescent beds. We feel it is more cost effective to fill currently available unused beds rather then develop new ones. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, the Board unanimously authorized the Chairman to sign a letter as set out above. LIBRARY SITES Commissioner Eggert reported that they had a meeting of the three groups together - the Library Advisory Committee, the site committee, and the planning committee - to bring them up to date on the latest recommendation, one of which was the governmental area downtown. They seemed very positively oriented toward the 44 M governmental area in some ways but still wished the Library to stand alone as it needs to do. They reviewed their funding situation, which is tight, and in the event they should agree to come to the government area, she would like to know what the Board's attitude would be re the possibility of -putting a cap of $750,000 on the property there. Also, if the land in the area cost them more than that, could they go to whatever bond issue covers that courthouse area to get the difference in the money. Commissioner Bird noted that any better deal they can get on the land, will give them just that much more money to put in the structure and improvements, and Commissioner Eggert agreed. Chairman Scurlock felt having the library in a campus setting would offer great advantages both for the downtown area and for the community at large, and that even the incurring of additional costs for the site for a library would be offset in shared parking, shared common areas, and facilities. He noted that the School Board has identified that they will need more space, and would like it in this building. However, that is in the future. What he sees as a redevelopment activity would be the library, as a stand-alone facility, but part of the campus, with the next phase the courtrooms for the judges and other governmental offices relocating to the area, and then gradually, the School Board taking over more of this facility. He person- ally felt if the Library budget anticipated acquiring a site for $750,000, that we should limit the cost of the site to that amount and in the overall bond issue, include the_money to take care of the difference. Commissioner Eggert commented that perhaps this isn't the Library Committee's first choice and not as in keeping with the Cecil Beach study. There are other sites they can get, and she wondered if the cap of $750,000 is worth it to have the library in the complex. Commissioner Bird felt there are trade-off advantages that must be considered, i.e., zoning, an improved site, parking, etc. 45 BOOK 69 FAUE 482 SEP 15 1987 BOOK 69 PAGE 403 Chairman Scurlock believed the particular site which we are talking about would be worth 1.2 million; so, the question is whether it is worth some dollars to have the library included as part of the overall redevelopment of the downtown area. He, as one Commissioner, felt it is worth it. For many years nothing has been accomplished in trying to redevelop that area, and he felt this is the one vehicle we will have to do something there. Commissioner Bird felt that what we are doing is the most positive thing for the downtown area, and he hoped that at some time the City of Vero Beach would participate in this redevelopment effort. Discussion ensued re the City's interest and possible participation in a master plan and financial support. Commissioner Wheeler stated that he would like us to take a hard look at the area we are going to need and purchase it in one block form. He believed if we can coordinate contracts and look at the whole area, we are not as vulnerable to paying inflated prices to different owners. This land possibly can be valuable, or it could go in the other direction and be almost worthless. Commissioner Bird noted that we must set priorities for our "wish list." He believed that the Courthouse and Library site are top priority and stressed that he is going to take a lot of convincing that within a fairly short period of time we need to vacate this building. Let the School Board move and build a new building, and we can take over their area. Commissioner Eggert noted she is not talking about that at all; she is just interested in the Library/Courthouse complex. Chairman Scurlock believed any issue of moving out of this building is a good ways off; we certainly would have to look into the economic impact very seriously. . Commissioner Eggert continued to emphasize the Library's need for a cap on the cost of the site and noted that she would like some assurance of support for the idea before her next meeting with the Library Board. 46 M M Chairman Scurlock believed she was getting a positive reception of that idea from the Board. Commissioner Bird indicated that he approved the concept. Commissioner Wheeler agreed it would be beneficial, but he again emphasized he would like to lock up the needed properties up front rather than face possibly inflated prices. Chairman Scurlock noted that the Administrator and staff will have to negotiate and see if all this is possible. Commissioner Bowman believed mainly there is a need for a master plan for the downtown area and the quicker, the better. Commissioner Bird believed with a complex such as this, you just can't have enough parking, and he hoped the City will cooperate. Commissioner Eggert felt we may have to go to multi -storage parking. She continued to emphasize the need for conceptual approval of the Board on a cap for the price of the site. Chairman Scurlock felt the Board's answer is yes. There being no further business, on Motion duly made, seconded and carried, the Board unanimously adjourned at 10:20 o'clock A.M. ATTEST: Clerk �P�R0,10-M-Aft W�� �W%r Chairman r 10, 1 E 1 0 47 GOOK 69 PAGE 484