HomeMy WebLinkAbout3/14/1984Wednesday, March 14, 1984
The Board of County Commissioners of Indian River
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, March 14, 1984, at 9:00 o'clock A.M. Present
were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice
Chairman; Margaret C. Bowman, William C. Wodtke, Jr., and
Richard N. Bird. Also present were Michael J. Wright,
County Administrator; Gary Brandenburg, Attorney to the
Board of County Commissioners; L.S. "Tommy" Thomas, General
Services Director; Jeffrey K. Barton, OMB Director; and
Barbara Bonnah, Deputy Clerk.
Chairman Scurlock called the meeting to order and
Commissioner Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Wodtke requested the addition to today's
Agenda of a brief discussion re the Indian River County
Mental Health Center.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously added the above item to today's
Agenda.
56 p
MAR 14 1984 Rai 4,? -39r
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MAR 14 1984
BOCA W PAGE 392
Attorney Brandenburg requested the addition to today's
Agenda of a brief discussion re the scheduling of the
County -wide utilities rate hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the Board
unanimously added the above item to today's
Agenda.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any corrections
or additions to the Minutes of the Special Meeting of
February 29, 1984.
Commissioner Wodtke questioned the mention of the South
mainland in regard to the County's 600,000 gallon wastewater
allocation from the City. It was agreed to delete for the
South mainland from the first paragraph under #1 on page 3.
ON MOTION by Commissioner Lyons,
Seconded by Commissioner Bird, the Board
unanimously approved the Minutes of the
Special Meeting of February 29, 1984, as
amended.
CONSENT AGENDA
A. Release of Easement - Gary A. Conklin - Oslo Park
Subdivision
The Board reviewed the following.memo dated 2/29/84:
2
TO: The Honorable Members DATE: February 29, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT -
REQUEST BY GARY A. CONKLIN
0�37
SUBJECT: SUBJECT PROPERTY: LOTS 22
Robert M. Keating AIr & 23, BLOCK Y, OSLO PARK
Planning & Development Director SUBDIVISION, UNIT 2
ROUGH: Larry W. Burkhart
rM:.-
ief, Code Enforcement Department -
FweyWalker REFERENCES: Gary Conklin
Code Enforcement Officer DIS:CDENF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of March 14, 1984. .
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Gary A. Conklin, owner of the
subject property, for release of a 10 foot utility and drainage
easement, h6ing the north 5 feet of Lot 22, Block Y, and the
south 5 feet of Lot 23, Block Y, Oslo Park Subdivision, Unit 2,
found in Plat Book -4, Page 13. These lots are 50 feet in width
and 100 feet in depth.
It is Mr. Conklin's intention to consolidate the two lots and
construct a single family residence on the site.
The current zoning classification is R-1, Single Family Res-
idential. The land use designation is LD -2, Low Density
Residential, up to six units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell, Florida Power &
Light Company, Florida Cablevision, Inc., and the Utility and
Right -of -Way Departments. Based upon their review, there were
no objections to release of the easement. The zoning staff
analysis, which included a site visit, showed that drainage
would be adequately handled by the existing front and rear
swales.
It is the zoning staff's opinion that to release the 10 foot
utility and drainage easement, being the north 5 feet of Lot
22,.Block Y, and the South 5 feet of Lot 23, Block Y, Oslo Park
Subdivision, Unit 2, would have no adverse effect.
RECOMMENDATION:
Staff recommends to the Board, through adoption of a resolu-
tion, the release of the 10 foot utility and drainage easement,
being the north 5 feet of Lot 22, Block Y, and the south 5 feet
of Lot 23, Block Y, Oslo Park Subdivision, Unit 2.
3
60'a 56 PACE 393
MAR 14 1994
Bl4K
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
56 FnE39
unanimously adopted Resolution 84-20, granting
release of easement to Gary A. Conklin for a
10 -ft. utility and drainage easement for Lots
22 & 23, Block Y, Oslo Park Subdivision, Unit 2.
4
RESOLUTION NO. 84-20
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have been requested to release the common side
lot 5 foot easements of lots 22 and 23, Block Y, Unit_2'
Oslo
Park Subdivision, according to the Plat of same recorded in
Plat Book 4, Page 13, of the Public Records of Indian River
County, Florida.
WHEREAS, said lot line,easements were dedicated on the
Plat of Oslo Park, Unit 2 Subdivision for public utility
purposes, and
WHEREAS, the request for such release of easement have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the follow-
ing lot -line easements in Oslo Park, Unit 2 Subdivision, shall
be released,.abandoned and vacated as follows:
The common side lot 5 foot easements of lots 22 and
23, Block Y, Oslo. Park, Unit 2 Subdivision, according
to the Plat of the same filed in the Office' of the
Clerk of the Circuit Court of Indian River County,
Florida, in Plat Book 4, Page 13.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 14th day of March 1984.,
ATTEST:
Freda Wright, ler
5
MAR 14 1984
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
Don C. Scurlock, Jr., irman
Api)rovedi for
and leg- S. �; �.
Bti
rY .• 8randenbu g
Y Attom
6 PACE 395
J
MAR 14 1984
B.00 A 56 PACE 399 6l
RELEASE OF EASEMENT
This Release of Easement, executed this 14th day of
March
, 1984, by the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political sub-
division of the State of Florida, first party; Gary A. Conklin,
whose mailing address is 1215 12th Avenue, S.W., Vero Beach,
Florida, 32962, second party:
WITNESSETH
That the said party of the first part for and in consi-
deration of the sum of One Dollar ($1.00) and other good and
valuable consideration in hand paid by the said second party,
does hereby remise, release, abandon and quit claim unto the
said second party forever, all the right, title, interest,
claim and demand which the said first party has in and to the
following described easements, lying on land situated in the
County of Indian River, State of Florida, to -wit:
The common side lot 5 foot easements of lots 22 and 23,
Block Y, Oslo Park, Unit 2 Subdivision, as recorded in
Plat Book 4, Page 13, Public Records of Indian River
County.
TO HAVE AND TO HOLD the same with all and singular the
appurtenances thereunto belonging or in anywise appertaining
and all estate, right, title, interest, equity to the only
proper use, benefit and behoof of the said second party
forever.
IN WITNESS WHEREOF, the said first party has signed and
sealed these presents by the parties so authorized by the law
and the day and year first above written.
Signed, sealed and
delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
Don C. Scurlock, Jr., Chawmn
ATTEST:
Freda Wright,"Cld�—
APProve�i : form —
j
ec;' t n►t�. Erarcfe�bur 'ty Attcr
9
B. Reappointments to Mobile Home Advisory Board
The Board reviewed the following memo dated 3/6/8.4:
TO: County Commission DATE: March 6, 1984 FILE:._
FROM:Alice White
SUBJECT: Reappointments to
Mobile Home Advisory
Board
REFERENCES:
The following members of the Mobile Home Advisory Board are due
for reappointment. Inasmuch as we are trying to have all .
reappointments come due in January of any given year, it -is
requested that these four members be reappointed to serve to
January, 1986.
Mark Allison
John Brondell
Belle Taylor
Earle Hall
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously reappointed the following
individuals to the Mobile Home Advisory
Board, term expiring in January, 1986.
Mark Allison
John Brondell
Belle Taylor
Earle Hall
DISCUSSION RE SPECIAL ELECTIONS CALLED BY THE GOVERNOR
The Board reviewed the following memo dated 3/8/84:
C.1
LIAR 149�4
:�156 PA-CEJ97
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MAR 14 1994
I
Boa 56 PACE 38
IN—T. RJATT,R� QO)U� C��k,�Mr
ROSEMARY RICHEY TELEPHONE: (305) 567-8000 EXT. 413
SUPERVISOR OF ELECTIONS
SUITE N-109 1840 25TH STREET
VERO BEACH - FLORIDA 32960
March 8, 1984 -
MEMO TO: ' Secretary to Board of County Commission
Subject: Financing Special Elections called by Governor Graham
to elect a replacement for Senator Clark Maxwell.
PLEASE PLACE ME ON AGENDA FOR MEETING MARCH 14, 1984 TO DISCUSS
ABOVE AND THE DATES THEY WILL BE HELD
ROSEMARY RIC?
{Jq�tr�Jvrn.a�y J
SUPERVISOR OF ELE IONS
Supervisor of Elections Rosemary Richey advised that at
the request of Governor Graham an additional election will
be held on April 10th to elect a replacement for Senator
Clark Maxwell. This election was not budgeted, and,
therefore, she will need an additional $8,000. Also,
yesterday's election costs amounted to more than two
ordinary elections due to the size of the ballot. In
addition, because of the growth in the County, Mrs. Richey
reported that more and more people are registering, and to
cope with this, she has been working from 8:00 a.m. to 7:00
p.m. and cannot continue on that schedule. At present, she
has one employee working only on absentee ballots and
helping candidates. This was just for the Presidential
Preference election; she felt it will only get worse by
November. She requested authorization to hire one
additional employee, either on a contractual basis or as a
full-time employee.
7
Supervisor Richey explained that she does not have a
contingency fund. She has never over -budgeted her needs,
and, of course, did not anticipate the additional election
of April 10th. The total amount she will need is $28„000 as
set out in the following budget amendment.
TO: Board .of County Commissioners DATE: March 14, 1984 FILE:
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Supervisor of --Elections
REFERENCES:
The following are the correct entries to record the Budget amendment for the
Supervisor of Elections office per your approval.
Account Title
Regular Salaries
Social Security
Retirement
Work. Comp.
Ins. Life/Health
Other Salaries/Wages
Outside Printing
Legal Ads
All Travel
Reserve for Contingency
Balance in Reserve
$273,595
Account No.
Increase -Decrease
001-700-519-11.12
5,660
001-700-519-12.11
380
001-700-519-12.12
619
001-700-519-12.14
26
001700-519-12.13
896
001-103-519-11.13
10,419
001-103-519-34.72
7,000
001-10M19-34.91
2,000
001-103-519-34.02
1,000
001-199-513=-99.91
28,000
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, that the
Board approve the above budget amendment
in the amount of $28,000 for additional expenses
incurred in the Office of the Supervisor of
Elections; monies to come from the General
Fund contingencies.
Est
MAR 14 1984 so x 5- PACE 399
MAR 14 1984 PAcE 409
Supervisor Richey explained that the filing fees for
candidates go to the State parties now, and if they see fit,
they send a portion back to the local parties; however, it
is not required that they do so. Nothing goes towards
defraying the cost of elections.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
PUBLIC HEARING - PROPOSED AMENDMENT TO THE ZONING ORDINANCE
- R -3A, RETIREMENT DISTRICT
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VER® 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
in the matter of CACiJ1 nn I I -
in the (Court, was pub-
lished in said newspaper in the issues of ���,� c}. . 19 ?4
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 b ore mthignv day of 19
(SEAL)
Manager)
(Clerk of the Circuit Court, Wian River County, Florida)
9
NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF
1 COUNTY ORDINANCE.
The Board of County Commissioners of Indian
River County, Florida, will conduct a public hear -
Ing at which -parties in interest and citizens shall
have an opportunity to be heard on March 14,
1984, at 9:15 A.M. in the County Commission
Chambers at theCounty Administration Building,
1840 25th Street, Vero Beach, Florida, to con-
sider the adoption of an ordinance entitled:
{ AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY; FLORIDA, AMENDING
SECTION 11(a) OF ORDINANCE 71-3 AS
AMENDED, KNOWN AS APPENDIX A —
ZONING OF THE CODE OF LAWS
AND ORDINANCES OF INDIAN RIVER
COUNTY; PROVIDING FOR FINAL ZON-
ING APPROVAL TO R -3A RETIREMENT
DISTRICT PRIOR TO SITE PLAN AP-
PROVAL; CODIFICATION;
SEVERABIL-ITY; REPEAL OF CONFLICTING PROVI-
SIONS; AND EFFECTIVE DATE.
l If any person decides to appeal any decision
made on the above matters, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made. which
I record includes the testimony and evidence on
which the appeal is based.
Indian River County
Board of County Commissioners
By -s -Don C. Scurlock Jr. i
Chairman
Feb. 24, Mar. 8,1984:
The Board reviewed the following memo dated 2/1.5/84:
TO: The Honorable Members [GATE: February 15, 1984 FILE:
of the Board of
County Commissioners PROPOSED AMENDMENT TO
DIVISION HEAD CONCURRENCE,
UBJECT:
-- a-
Robert M. Keating ICP
Planning & Development Director
THE R -3A, RETIREMENT
DISTRICT, OF THE -ZONING
ORDINANCE
FROM: R >
• Richard Shearer, AICP REFERENCES: Retirement Dist.
Chief, Long -Range Planning RICH
It is requested that the data herein. presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of'March 14, 1984.
DESCRIPTION & CONDITIONS
The Planning -Department has prepared a proposed amendment to
the R -3A, Retirement District,=of the Zoning Ordinance deleting
the requirement for site plan approval by the Planning and
Zoning Commission prior to rezoning to.R-3A by -the Board of
County Commissioners. The Planning Department -feels this
ordinance should be changed for two reasons:
1) Rezoning of land should not be conditioned on site
plan approval; rezoning should take place first.
s
2) Since developers must spend considerable amounts of money
preparing site plans, site plan preparation should not be
required until a proposed rezoning has been resolved.
This proposed amendment would not delete the requirement of
preparing a site plan but would -instead allow the rezoning to
be considered first under its own merits and then provide for
the site plan to be considered at the appropriate time.
On February 9, 1984, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this amendment.
RECOMMENDATION
Based on the above description and conditions, staff recommends
-that the Board of County Commissioners adopt this amendment to
the Zoning Ordinance.
Richard Shearer, Chief of Long -Range Planning presented
staff's recommendation for adoption -of an ordinance amending
the Zoning Ordinance.
Commissioner Lyons asked if there were any other zoning
districts that require site plan approval prior to rezoning.
Mr. Shearer reported that he had discussed this with
10
MAR 14 1984 BOOL( PACE491
MAR 14 1984 RUM,
�-
BROK 56 PAGE �,
Assistant County Attorney Chris Paull beforehand because
there are some that have similar wording to the R -3A
description; however, it was Attorney Paull's opinion that
the R -3A district was the only one that requires it, and
based on his opinion, it was decided to pursue this zoning
district only.
Chairman Scurlock anticipated more of these cleanup
ordinance amendments from the Planning Department.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Bowman, the Board
unanimously adopted Ordinance 84-08, amending
Section 11 (a) of Ordinance 71-3, known as
Appendix A--Zoning--of the Code of Laws and
Ordinances, providing for final zoning approval
to R -3A Retirement District prior to site plan
approval.
11
INDIAN RIVER COUNTY ORDINANCE NO. 84-8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 11 (a) OF ORDINANCE 71-3 AS AMENDED, KNOWN
AS APPENDIX A--ZONING--OF THE CODE OF LAWS AND
ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR
FINAL ZONING APPROVAL TO R -3A RETIREMENT DISTRICT
PRIOR TO SITE PLAN APPROVAL; CODIFICATION;
SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND
EFFECTIVE DATE. a
SECTION 1
Section 11 (a) of Ordinance 71-3, as amended, is hereby
amended to read as _follows:
Section 11 R -3A Retirement District
(a) Purpose and intent. The purpose and intent of this
district is to provide housing facilities and services especially
designed to meet the spiritual., physical.and social needs of the
retired, elderly, disabled or dependent persons, or for religious,
charitable or non-profit uses.
A retirement district shall contain not less than
ten (10 ) acres. Ne-lead-gkall-I�erelrafte-be-eaee�-R�3A•
retl�ex�est-e�ls��let-by-tl�e-Beare-ef-6et�rrtp-ee�xti•ss•lar�ers-�tatll-e
reee�xte�rea�le�-age-slte-plea-appre�al-l�a�ae-I�eea-reee��ee-��e��t�re
$atlrrg-eelssler:-aeearelag-t®-Seetlee-23: With the exception of
single family dwellings, the development of a site for any
permitted use within this district shall require prior site plan
approval by the Planning and Zoning Commission, in accordance with
Section 23 and all related requirements of this ordinance
SECTION 2
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article or other appropriate word,,and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 3
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
-1-
CODING: Words in streek-through type are deletionom
LIAR 14 7984 � �� : Pa'�E ��3 -
existing law; words underlined are additions.
� .....:•-..�::�.�::SAN::,�.:..,._.�:.e.:.,,...,.:... _._.........,.. _ �....r. _ .�::..�,.....
MAR
14 1994
wax
56 PA.cE 40-1
word of this
ordinance is for any reason held to be
unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 4
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5
EFFECTIVE DATE _
The provisions of this ordinance shall become effective
upon receipt from the Flbrida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River.County, Florida on this 14th day of
March , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By_Z�G 4,&,�
DON C. SCURLOCK,
Chairman
Acknowledgment by the Department of State of the State of Florida _
this 19th day of March , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 22nd day of March , 1984, at 2:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROV TO FORM AND
LEGA
By�29�.0
CHRIST9 ER J. PAULL
Assistant County Attorney
:WM
CODING: Words in streek-tkrOn"erlined
type are deletions fro
existing law; words rare additions.
REQUEST OF WAIVER OF BOND VALIDATION BY HETRA COMPUTER AND
COMMUNICATIONS INDUSTRIES, INC.
The Board reviewed the following memo dated 3/2/84:
TELEPHONE [3051723-7731 REPLY TO: P.O. B0X 970 �r �1�s MELBOURNE, FLO14I0A32902.0970
March 2, 1984 305-567-8000
Mr. Gary M. Brandenburg
County Attorney _
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Brandenburg:
HETRA Computer and Communications Industries, Inc., has obtained a
Commitment letter from the Barnett Bank to purchase up to $2,500,000
of the Industrial Revenue Bonds subject of the inducement resolution
recently provided by the Commissioner, Mr. John Hallstrom, the Vice
President of the bank, with whom we have been dealing, has indicated
that his bank probably will not require that the bonds be "validated".
Mr. Hallstrom has been provided a copy of the inducement resolution
which he intends to forward to the bank's bond counsel, Livermore,
Klein and Lott. If they concur they will so notify Mr. Jud Freeman,
who has been designated as counsel for the County. For our part,
we place no particular value in the validation. If the bank's counsel
ooncurs, we ask that the Commissioners waive the requirement for
validation. In so doing, they will assist us in keeping the project
budget under control and aid in speeding this project to fruition.
We appreciate your efforts in presenting this matter to the Board of
Commissioners. A copy of Barnett's commitment letter is attached.
Should you require additional information, please do not hesitate to
contact me.
Sincerely,
Note:(Letter of Commitment signed by Barnett
Bank on file in the Clerk's Office)
HETRA
Robert J. Byer
Vice President
Attorney Brandenburg explained that HETRA has applied
to the County Commission for an industrial development
revenue bond in the amount of $2.5 million. The County has
adopted a Resolution of Inducement to that extent and HETRA
is now proceeding with their financing. It looks as if they
have a take-out commitment with a bank and will be
presenting the Board with a bond resolution and moving ahead
14
PACE O5
:MAR 14 1984
MAR 14 1994 uGA 56 PAE 40-G
in the near future. Their bond counsel is now requesting
that the County waive the validation on the industrial
development revenue bond. The County Attorney advised that
it has always been his position that validation is a more
conservative, proper way to go. Without validation, the
County is leaving itself open to a law suit in the event
something happens to the computer firm, and since the County
will not actually be in direct control of all the funds and
the use of those funds, he believed that it would be better
to require validation.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the
Board accept the County Attorney's
recommendation to require validation of the
Industrial -Revenue Bonds for HETRA Computer
and Communications Industries, Inc.
Under discussion, Commissioner Bird asked if granting
the waiver of.validation would save HETRA time and money,
and Attorney Brandenburg explained that it would save them
the 90 -day period in obtaining validation, which would allow
them to sell their bonds on the market now. This would take
away the uncertainty of what the bond market will be in 90
days from now. There are also some additional costs
involved in validation.
Chairman Scurlock felt the difficulties being
encountered by HETRA in obtaining telephone service would be
the main reason for any delay in the project.
- Attorney Brandenburg advised that there is nothing to
prevent HETRA from obtaining interim financing if they want
to move ahead. It will just cost them a little extra, at a
non-exempt tax rate.
15
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion carried 4-0, Commissioner Wodtke
being temporarily out of the Commission room.
DISCUSSION RE SCHEDULING OF COUNTY -WIDE UTILITIES RATE
HEARING
Attorney Brandenburg explained that the Board had
requested that a rate hearing be scheduled sometime during
the end of March, but due to advertising requirements, the
rate hearing is tentatively scheduled for April 4, 1984 at
7:00 o'clock P.M. in the Commission Chambers. In order to
have it properly advertised, it must be into the newspaper
by 5:00 o'clock this afternoon. If that deadline is not
met, then the hearing will be scheduled for April 11, 1984.
dommissioner Wodtke returned to the meeting at this
time.
The Commissioners agreed the April 4th date would be
the best time, because it is getting close to the end of the
season when many winter residents go back up North and the
Commissioners wanted everyone to have the opportunity to
attend the Public Hearing.
Attorney Brandenburg asked if the Board preferred to
have the hearing advertised in some other way than the usual
legal notice on the back page of the classified section,
perhaps a 1/2 page display notice on an inside page showing
the current and proposed rates.
The Board agreed they would like to see something other
than the usual legal notice and instructed Attorney
Brandenburg to place a notice in the newspaper using his
discretion.
16
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•
Nox 56 PACE 407
MAR 14 1984
Uo 56 PAGE 408
PUBLIC HEARING - PROPOSED AMENDMENT TO THE TREE PROTECTION
nPnTMAMPR
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
%1 A _ ,
a
I in the matter o6a_i,90_4ta_-_1 <J ""�/_/_
in the {�n , Court, was pub-
lished in said newspaper in the issues OCA �7 ��`° 9- /,�y
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 news p r.
Sworn to and subscribed b ore m hi day of D. 19
•
•
A j Apsiness Manager)
, (Clerk bf the Circuit Court, r�lMian River County, Florida)
(SEAL)
17
NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF
COUNTY ORDINANCE
The Board of County Commissioners of Indian
River County, Florida, will conduct a public hear-
ing at which parties in interest and citizens shall
have an opportunity to be heard on March 14,
1984, at 9:30 A.M. in the County Commission
I Chambers at the County Administration Building.
1840 25th Street. Vero Beach. Florida, to corn
Sider the adoption of an ordinance entitled:
AN ORDINANCE OF THE BOARD OF." _
COUNTY COMMISSIONERS OF INDIAN ti_
RIVER COUNTY. FLORIDA. AMENDING°-
DINANCE 83-41, KNOWN AS THE IN-
DIAN RIVER COUNTY TREE PROTEC-
i TION ORDINANCE; PROVIDING FOR
THE AVAILABILITY OF A LAND CLEAR-
ING AND GRUBBING PERMIT FOR A
PROPERTY PROPOSED FOR DEVELOP-
MENT PRIOR TO THE RECEIPT OF SITE
PLAN OR SUBDIVISION APPROVAL;
PROVIDING FOR REPEAL OF CON-
FLICTING PROVISIONS: CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
If any person decides to appeal any decision
made on the above matters, he/she will need a
record of the proceedings, and for Such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which
record includes the testimony in evidence on
which the appeal is based.
Indian River County
Board of County Commissioners
8y: -s -Don C- Scurlock Jr.
Chairman
Feb. 24, Mar. 8, 1984.
The Board reviewed the following memo dated 3/5/84:
TO: The Honorable Members DATE: March 5, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD_ CONCURRENCE; PROPOSED AMENDMENTTO
THE ' SUBJECEE
: ORDINANCEPROTECTION
Robert M. Keats gr g,�AZCP
Planning & Development Director
F'ROM:Nrt Challacombe REFERENCES: Amend. Tree Ord.
Environmental Planner ARTCHA
,. ,1 0
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on March 14, 1984.
DESCRIPTION & CONDITIONS
On November 16., 1983, the Board of County Commissioners adopted
the tree protection ordinance. At that meeting, there was much
discussion as to how the ordinance would be implemented. The
Commission, after voting unanimously to approve the ordinance,
instructed -staff that in working with the ordinance, if imple-
mentation of a portion of the ordinance proved unreasonably
difficult to administer or created an unfair hardship on the--
public, staff should inform the Commission and make necessary
changes. ',d
On December 15, 1983, Planning staff accompanied Mr. Robert
Gaskill on a site inspection at the proposed Vista Plantation
site located on S.R. 60 and 66th Avenue. The purpose of this
inspection was to review the tree survey prepared by the
applicant and to observe the general condition of the site.
On December 20, 1983, Mr. Gaskill submitted a site plan appli-
cation to the Planning and Development Division for Vista
Plantation and a request for a variance from the land clearing
provision of the tree protection ordinance. Mr. Gaskill
requested that Vista Properties, Inc. be allowed to clear a
portion of the site prior to obtaining site plan approval.
On January 12, 1984, the Planning and zoning Commission denied
the variance after determining that the criteria for granting a
variance did not apply in that case. The Planning and Zoning
Commission instructed staff to examine the existing wording in
the ordinance and propose an amendment that would alleviate the
disparity with respect to obtaining a land clearing permit.
On February 9, 1984, the Planning and Zoning Commission held a
public hearing on the proposed amendment to the tree protection
ordinance and unanimously recommended that the Board of County
Commissioners adoptfhe proposed amendment.
ALTERNATIVES & ANAL.YSIS
The land clearing section of the tree protection ordinance
presently creates an unreasonable hardship for a developer
attempting to prepare a site for construction. Undesirable
trees such as Australian pine or Brazilian pepper may be
removed prior to a subdivision or site plan approval, while
removal of understory. is prohibited without these approvals.
As adopted, the tree protection ordinance makes no provision
Babb 6 PACE 409
MAR 14 1994
nex 56 PACE1.9
for saving the understory under any circumstances, so prohibit-
ing removal of the understory during removal of undesirable
trees appears to be an unnecessary provision of the ordinance.
This disparity can be corrected by inserting the additional
wording in the proposed amendment. Under the change of word-
ing, an applicant would be allowed to obtain a land clearing*
permit prior to site plan or subdivision approval. The clear-
ing permit would apply only to understory and undesirable
trees. In order to effectively protect trees on a given site,
an applicant for a land clearing permit would be required to
submit a tree survey to the Environmental Planner prior to
issuance of a land clearing permit.
RECOMMENDATION
Staff recommends approval of the amended land clearing section
of the tree protection ordinance.
Assistant County Attorney Chris Paull summarized the
proposed amendment to the Tree Protection Ordinance.
Commissioner Bowman asked if this problem could have
been avoided if there had been a proper definition of
understory included in the Tree Protection Ordinance. As
she understood it, the problem was that the developers
thought they could not cut out the weeds and old citrus
trees, which is not actually understory. Attorney Paull
understood that their problem was they thought under the
present wording of the Ordinance they could not remove the
various vines, plants and general type weeds.
Commissioner Bowman defined "understory" as native
shrubs, not junk, and felt it was the purpose of this
Ordinance to protect that understory. Attorney Paull
explained that Mr. Gaskill of Vista Properties wanted to
remove the weeds so that they would not grow back; actually
he wanted to grub, and Commissioner Bowman saw no reason why
he could not grub. Attorney Paull agreed and explained that
was the reason for the proposed change to the Ordinance.
Commissioner Lyons noted that the understory is not
P
saved when the site is subdivided; only special trees of a
specific size are saved, and in the end, 90% of the under -
story disappears. While he does not like to see this
happening, he did not know how to avoid it.
19
Commissioner Bowman felt it would not get grubbed out
if we have a policy and stick to it. She cited the example
of the oaks at Riverside Theater where all the understory
was cut out leaving the oaks in lonely splendor and felt it
would have been much nicer if we had saved an area around
the base of the trees. She felt that if we don't take a
firm stand, it is never going to be any better.
Commissioner Bowman stated that she did not have any
objections to the proposed amendment if the understory is
still protected under the Ordinance, and Attorney
Brandenburg assured her it was.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously closed the -Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Ordinance 84-09, amending
Sections 8 B (2) (a) and 11 A (5) of Ordinance
83-41, known as the Tree Protection Ordinance,
providing for the availability of a land clearing
and grubbing permit for a property proposed for
development prior to the receipt of site plan or
subdivision approval.
20
But 5- PA. CE 41
MAR 14 1994 56 FACE412
INDIAN RIVER COUNTY ORDINANCE NO. 84-9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY; FLORIDA, AMENDING
A SECTIONS 8 B (2)(a) AND 11 A (5) OF ORDINANCE 83-41,
KNOWN AS THE INDIAN RIVER COUNTY TREE PROTECTION
ORDINANCE; PROVIDING FOR THE AVAILABILITY OF A LAND
CLEARING AND GRUBBING PERMIT FOR A PROPERTY PROPOSED
FOR DEVELOPMENT PRIOR TO THE RECEIPT OF SITE PLAN OR
SUBDIVISION APPROVAL; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY;
AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA that:
Section 8 B (2)(a) of Ordinance No. 83-41, the Indian
River County Tree Protection Ordinance, is hereby amended to read
as follows:
2) Land Clearing Permit. No land clearing permit shall
be issued unless the Environmental Planner finds that each of the
following criteria has been satisfied: -
a) That the.land clearing or grubbing is necessary in
order to make site improvements authorized by an approved site
plan, subdivision approval, or land development permit, and that
the area to be cleared is the minimum necessary for such work or,
in the event the aforementioned approvals have not yet been
obtained, or are not required by law for the intended use of the
property, that the proposed clearing is the minimum necessary for
the proposed use or improvement.
SECTION 2
Section 11 A (5) of Ordinance No. 83-41 is hereby
amended to read as follows:
5) The application shall be submitted and processed
concurrently with site plan review or subdivision approval, as the
case may be, when such approvals are otherwise required to make
use of the property. A land clearing permit may be processed
prior to site plan or subdivision approval in accordance with
Section 8 B (2.). The site plan or subdivision preliminary plat
shall be prepared in a manner to allow ready comparison with the
tree survey, to assess whether the cited criteria have been met.
All items shown shall be properly dimensioned, scaled and
-1-
�ING:
Words in
streek-t h type are deletions fra,
,_ ,_
_existing
law; words underlined
are additions.
M
referenced to the property lines, and setback or yard require -
meats. If known, existing and proposed site elevations and major
contours shall be included.
SECTION 3
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 4
INCORPORATION IN CODE
The provisions of this ordinance shall -be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 5
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been _
the legislative intent to pass this ordinance without such uncon-
stitutional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 14th day of
-2-
CODING: Words in str*dek-tkreugh type are deletions fro 56 1
43 �IrIAR 14 194 existing law; words underlined are additions.
MAR 14 1984 WX 56 PACE 414
March , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By Z G 2-ne�
DON C. SCURLOCK, JR.
Chairman
Acknowledgment'by the Department of State of the State of Florida
this 19th day of March , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 22nd day of March , 1984, at 2:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS -TO FORM AND
LEGAL S :IENCY
By
CHRISTO Eft J. PAULL
Assistant County Attorney-
-3-
�ING: Words in struck -t' type are deletions fr�
e-:istinv law; words underlined are additions.
AUTHORIZATION TO PROCEED WITH ACTIVITIES NECESSARY TO
QUALIFY FOR EDA FUNDING
The Board reviewed the following memo dated 3/5/84:
TO: The Honorable Members DATE: March 5, 1984 FILE:
of the Board of
County Commissioners
AUTHORIZATION TO PROCEED
SUBJECT: WITH ACTIVITIES NECESSARY
TO QUALIFY FOR EDA
FUNDING
6ERENCES: FROM: Robert M. Keating, AICP EDA Funding
Planning & Development Director DIS:RMK
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on March 14, 1984.
DESCRIPTIONS AND CONDITIONS:
Recently, the U.S. Department of Commerce notified Indian River
County that, because of its high unemployment rate, it was
eligible for designation as a redevelopment area. Such desig-
nation would qualify the County for participation in Economic
Development Agency (EDA) grant programs. To acquire __the
designation and the accompanying funding eligibility, the
County iriust take several actions, including formally declaring
its intent to apply for the designation and preparing an
Overall Economic Development Plan (OEDP).
ALTERNATIVES AND ANALYSIS:
Declaration of intent to apply for redevelopment area desig-
nation requires approval of a resolution by the Board of County
Commissioners. Then the County has several months to prepare
an OEDP and submit the OEDP to EDA for approval.
As part of the OEDP preparation process, it -is necessary to
establish an economic development advisory committee. This
committee should be comprised of representatives of all'seg-
ments of the community, including business, industry, finance,
agriculture, the professions, organized labor, utilities
education, public health agencies, racial minorities, and the
unemployed. Although the EDA indicates that such a committee
should have about forty members, the staff feels that, because
of the size of Indian River County, the committee could be much
smaller, numbering about twenty members. An alternative to
forming a completely new committee would be to use an existing
committee such as the Community Development Committee as the
core and appointing new members as necessary to form the OEDP
committee.
24
MAR 14 1984
Pdox 56 FACF 15
MAR 14 1984 ac) � QAcE-415
Once the committee is established, it must work with the
Planning Department staff to develop the OEDP document. This
plan must not only identify existing population and economic
characteristics of the area and potentials and constraints for
economic development; it must also establish economic develop-
ment policies and strategies for the County. When completed
and adopted, the OEDP must be submitted to EDA for approval.
RECOMMENDATION:
The staff recommends that the Board of County Commissioners (1)
adopt the attached resolution stating its intent to apply for
redevelopment area designation; (2) appoint an economic devel-
opment advisory committee; and (3) authorize the staff to
proceed with the preparation of an Overall Economic Development
Plan.
Planning & Development Director Robert Keating
presented staff's recommendation that the Board: 1) adopt
the attached resolution stating its intent to apply for
redevelopment area designation; (2) appoint an economic
development advisory committee; and (3) authorize the staff
to proceed with the preparation of an Overall Economic
Development Plan.
Commissioner Bird thought it sounded like free lunch
and he is always a little skeptical about these matters. He
wanted to know more details in regard to any outside
expenses that might be incurred in preparing the necessary
data and reports involved in applying for grant funds.
General Services Director Thomas explained that the
advantage to EDA grants is that the money can be used in a
broad area. The EDA's primary thrust is to increase
employment. The last time the County used EDA money was to
build the water tower in Gifford.
Administrator Wright emphasized that if we don't
prepare the plan, then we cannot file the application. He
strongly recommended that we proceed with this matter and
pursue every type of funding possible, especially in view of
the possible impact of Proposition I.
Director Thomas felt the potential was pretty good for
receiving some substantial grants throughout the year. He
noted that the EDA has been around for years and always
25
manages to maintain funds every year and further pointed out
that increased employment is still a very important issue.
Chairman Scurlock asked if the Planning Department
could handle the preparation of the Overall Economic®
Development Plan, and Director Keating felt they could do it
even though they were very busy. He could not give an
estimate of the in-house costs that would be involved, but
believed they would be pretty substantial.
Chairman Scurlock wished to know if they would be
asking for a budget amendment and Administrator Wright
assured him they would not be asking for any money from
contingencies.
Commissioner Wodtke stated he would be in favor of the
application since Director Thomas feels so confident that
the County would receive some funds. He pointed out that
the County has to compete with every little town and
community to receive the Community Block Grant funds, but
this program seems to offer us a better chance for receiving
funds due to the unemployment rate in Indian River County.
MOTION WAS MADE by Commissioner Wodtke,
SECONDED by Commissioner Lyons, that the
Board adopt Resolution 84-21, stating the
County's intent to apply for redevelopment
area designation; appoint an economic
development advisory committee; and
authorize the staff to proceed with the
preparation of an Overall Economic Development
Plan, as recommended by staff.
Under discussion, Commissioner. Bird asked if anyone had
any thoughts about the advisory committee and Commissioner
Lyons asked if they wanted to use or expand the same
committee that is working on the Federal Block Grants.
26
MAR 14 1984 ` 56 PACE 417
MAR
14
1984
56
FdGE 418
Director Thomas advised that there
are certain criteria
for
selecting members of this committee; they must come from
various segments of the County population and interests.
Administrator Wright advised that the committee would
probably consist of between 7 and 9 members. Staff will get
something in writing before the next meeting and ask the
Board for their assistance in filling the categories.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
RESOLUTION 84-21 WILL BE MADE A PART OF THE MINUTES WHEN
COMPLETED AND RECEIVED
PUBLIC HEARING PROP-OSED AMENDMENT TO ZONING CODE
PROVIDING FOR THE TRANSFER OF DENSITY TO ACQUIRE PUBLIC
RIGHT-OF-WAY
The hour of 9:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
27
VERO BEACH PRESS -JOURNAL.
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily'newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of '
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 I)ofore rile thr
(Clerkbf the Circuit
(SEAL)
day of A.D. 19
ness Manager)
rt,(,Vlian River County, Florida)
NOTICE OF PUBLIC HEARING 101,
TO CONSIDER ADOPTION OF
COUNTY ORDINANCE
The Board of County Commissioners of Indian
River County, Florida, will conduct a public hear-
ing at which parties in interest and citizens shall
have an opportunity to be heard on March 14,!
1984, at 9:45 A.M. in the County Commission
Chambers at the County Administration Building, I
1840 25th Street Vero Beach Florida, to con
sider the adoption of an ordinance entitled: jl
AN ORDINANCE, OF THE'8OAAb3 OF
COUNTY COMMISSIONER$ OF INDIAN -
RIVER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 71-3, AS AMENDED,
APPENDIX "A" OF THE CODE OF LAWS
OF INDIAN RIVER COUNTY, KNOWN AS
THE ZONING CODE, SECTION 25,
CREATING SECTION 25 (t) REGARDING
STREET AND RIGHT-OF-WAY DEDICA-
TION; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; CODI-
FICATION; SEVERABILITY; AND EFFEC-
TIVE DATE.
if any person decides to appeal any decision a
made on the above matters, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which
record includes the testimony in evidence on
which the appeal is based.
Indian River County
Board of County Commissioners
By: s -Don C. Scurlock Jr.
Chairman
Feb. 24, Mar. 8. 1984.
The Board reviewed the following memo dated 3/5/84:
TO: The Honorable Members DATE: March 5, 1984 FILE:
of the Board of
County Commissioners
PROPOSED AMENDMENT TO
SECTION 25 OF THE ZONING
SUBJECT: CODE, PROVIDING FOR THE
TRANSFER OF DENSITY TO
ACQUIRE PUBLIC RIGHT-OF-
WAY
FROM: Robert M. Keating, AICD MREFERENCES: Amend. sec. 25
Planning & Development Director DIS:RMK
It is recommended that the data herein presented be. given
formal consideration by the Board of County Commissioners at
its regular meeting on March 14, 1984. -
DESCRIPTION AND CONDITIONS:
Several months ago, the Board of County Commissioners con-
sidered the issue of right-of-way acquisition, with par -'Acular
attention to the acquisition of right-of-way for the extension
of Indian River Boulevard, South. In that case, it is neces-
sary for the County to obtain at least one hundred and fifty
feet of right-of-way from the existing terminus of Indian River
W
NAR 14 1994 .aoox 56 FAu' 1g
J
MAR 14 1984
Boulevard south to its proposed connection to
hundred ;feet of right-of-way for the extension
from Sixth Avenue to the proposed extension
Boulevard,.South.
D84(_ 56 PACE 420:
U.S. 1, and one
of 12th Street
of Indian River
Although acquisition of this right-of-way and construction of
the road is a major priority for the County, the landowners
from whom the land must be obtained are reluctant to dedicate
the required acreage to the County. Because of the substantial
amount of land involved, the several owners of the affected
parcels have requested that, in exchange for ,the dedication of
the land needed for the right-of-way, the County agree to take
the density available to the land which is to be dedicated and
transfer that density to the remaining acreage in the tract
from which the right-of-way was dedicated. After considering.
the cost of right-of-way acquisition through other methods such
as purchasing and condemnation, the Board of County Commission-
ers directed the staff to assess the feasibility of implement-
ing a transfer of density policy and to initiate any required
ordinance amendments to accomplish it.
ALTERNATIVES AND ANALYSIS:
The staff assessed the expected impacts of implementing a
transfer of density policy in relation to the expected benefits
of such a policy. The principal adverse impact attributable to
such a policy is the increase in density which would occur on
the parcels adjacent to the subject right-of-way. This,
however, may not be significant. A similar situation could
occur with a PUD, where much of the allowable density of a
parcel may be clustered on a small part of the site, therefore
increasing density in- a small area. Besides the density
factor, most other potential impacts are site related and could
be mitigated through adequate site design.
On the positive side, though, there are a number of benefits
which would accrue to the County. These include: the expe-
ditious acquisition of needed right-of-way, the ability to more
quickly respond to public needs by providing -required public
services, and a substantial reduction in the expenditure of
public funds to acquire right-of-way.
After reviewing alternative means to enable the County tc
transfer density for right-of-way acquisition, the staff
determined that the optimal method would be to amend the Zoning
Code by creating another subsection of Section 25, General
Provisions. As proposed by the staff, this amendment would
allow a transfer of density only in those instances where the
County requests a dedication of land for right-of-way purposes
and only where the land is dedicated by donation. It would
also limit the transfer from the right-of-way dedicated to the
parcel from which it was dedicated. The amendment also spec-
ifies that the landvbeing dedicated may not be used to satisfy
etback and other -zoning requirements.
At its meeting of February 9, 1984, the Planning and Zoning
Commission considered the proposed amendment of Section 25 of
the Zoning Code. By a unanimous 4-0 vote, the Planning and
Zoning Commission voted to recommend the proposed ordinance
amendment to the Board of County Commissioners for adoption;
RECOMMENDATION:
Based upon its analysis and the Planning and Zoning Com-
mission's recommendation, the staff recommends that the Board
Of County Commissioners adopt the attached ordinance amending
Section 25, General Provisions, of Appendix A, Zoning, to'the
Indian River County Code of Laws and Ordinances by creating
Subsection (t), Street and Road Right -of -Way dedication.
29
Planning & Development Director Robert Keating
presented staff's recommendation for adopting an ordinance
amending Appendix A, Zoning, to the Code of Laws and
Ordinances by creating Section 25 (t) re street and
right-of-way dedication.
Chairman Scurlock introduced into the record a copy of
a letter of support from the Vero Beach -Indian River County
Board of Realtors:
VERO BEACH - INDIAN RIVER COUNTY
BOARD OF REALTORS®
2182 Ponce De Leon Circle
Post Office brawer G
Vero Beach, Florida 32960
Phone (305) 567.3510
February 27, 1984
The Honorable Don C. Scurlock, Jr. _
and Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Chairman Scurlock and Commissioners:
R 19884
I.- -
BARD COUM
COMMLISIONERS
As you will recall, the question of density transfer credits for property
owners in the path of the proposed Indian River Boulevard extension has
been discussed by the Board of County Commissioners and subsequently
recommended to you for approval by the Planning and Zoning Board.
It is the position of the Board of REALTORS that, notwithstanding the
benefits a public thoroughfare could provide in terms of access, compens-
ation is justified to property owners. We encourage the concept of density
transfer credits.
Realizing that, in some instances, the route of the boulevard extension
may result in certain parcels being denied reasonable use as they are
presently zoned, we suggestanopen-minded approach be given to rezoning
those parcels on individual bases to their highest and best use.
Sincgre ly,
Arthur A. Perruzzi
President
Commissioner Lyons asked how the density is figured on
a site plan with dedicated streets, and Director Keating
explained that when a residential site plan is for an
30
Boo, 56 PnE ?l
MAR 14 1984
MAR 14 194
Btax 56 PA6f. 2
apartment or a condominium, the internal driveway isles and
streets.are not usually dedicated to the public and they are
considered part of the gross acreage. In a subdivision, the
Zoning Code specifies minimum lot sizes, so the rights of
way would not be considered. There are several other
situations that are comparable to this. In essence, what we
are saying in this proposed amendment is really not that the
density would be transferred, but when it is considered, the
total acreage would include the right-of-way. Commissioner
Lyons felt this apparently is not inconsistent with what we
are doing now, and Chairman Scurlock believed the ordinance
to be helpful in building roads and should have been
considered long before this.
Commissioner Wodtke asked if this ordinance would have
applied to the recent right-of-way donation on the east side
of the Vista Properties project out on SR #60. Director
Keating explained that this ordinance would not have
affected that project because we would have asked for the
right-of-way dedication for the entire parcel at the time of
site plan approval. The big difference in extending Indian
River Boulevard is that we are asking for all the
right-of-way now, and a lot of the parcels are not ready for
development.
Commissioner Wodtke felt this ordinance would work to
the County's benefit and would encourage the dedication of
land.
Question was raised as to how the application of this
ordinance would affect commercial and industrial acreage,
and after some discussion it was generally agreed that staff
should look into this further.
6
Attorney Brandenburg suggested the insertion of and
accepted by the County in the first sentence of Section 1 on
Page 1 of the ordinance so that the sentence would read:
All land area requested by the County for street or road
31
right-of-way and dedicated by donation to the County, and
accepted by the County, after January 1, 1984 may be
included in acreage calculations for purposes of density
determination when the parcel from which the land was
dedicated is proposed for development.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Fred Schueppert, 22 Park Avenue, owner of 10 acres east
of Waverly Place which is directly in the path of the
proposed extension of Indian River Boulevard, stated that he
and other owners have been assured by the County that the
extension would go beyond 12th Street if the land was
donated. Most of the owners located south of 12th Street
have already written to the County and offered to donate
their land. However, they want to be assured that the first
phase will include the area south of 12th street, at least
to 8th Street.
Administrator Wright informed Mr. Schueppert that the
County does not have enough money to build the_road and
acquire the right-of-way. The County plans to build the
road through to 4th Street, provided sufficient right-of-way
is donated. The Board has authorized staff to negotiate a
contract with an engineering firm to begin the design of the
extension, and the County has every intention of going ahead
with the project.
Chairman Scurlock reported that the Transportation
Planning Committee made a very strong recommendation that
the Board do everything possible to extend Indian River
Boulevard south as it is a key element in an overall master
plan for improving transportation in that entire southern
area.
Commissioner Bird asked Mr. Schueppert if he would give
his tentative approval for the donation of his land for this
purpose subject to the final plans.
32
1', i +�+,
�� C PnF 2
MAR 14 1984
Boa 56 PAGE 424.
i Attorney Brandenburg advised that Mr. Schueppert could
donate his land with a reverter clause stating that if the
County does not contract for the development of the property
within a certain amount of time, then the donated land
reverts back to him.
Mr. Schueppert confirmed that he would donate his
right-of-way using the reverter clause.
Ed Schlitt, realtor, stated he has stopped development
of a large commercial building on a parcel of land in that
area that would have adversely affected the right-of-way
acquisition. He explained that since Vista Properties has
already developed the land on the other side of the section
line where the right-of-way would run, it was a matter of
all the right-of-way coming off of their property and the
property of several other owners to the north. Mr..Schlitt
advised that after they became aware of the County's plans
to extend Indian River Boulevard to U.S. #1 at 4th Street
they met with Director Davis to work out some accommodation
relative to density transfers plus shifting some commercial
lands. He felt they could economically afford to donate the
right-of-way on the portion of land that they own and
control, and they have written a letter indicating their
willingness to cooperate with the County to help bring this
extension about, because they feel that in addition to being
a very vital link of the transportation plan, it is a
definite benefit to the property owners as well. He
pointed out that they are willing to withhold their
development plans for this property even though it is
costing them a significant amount of money by waiting to see
how this comes out.
Mr. Schlitt then noted that Mrs. Fultz, another
property owner in the area, is in attendance this morning.
Mrs. Fultz has met with Director Davis and indicated her
willingness to cooperate, but she has not yet decided
33
MAR 14 1994
INDIAN RIVER COUNTY ORDINANCE NO. 84-10
AN ORDINANCE OF THE BOARD OF. COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING ORDINANCE NO. 71-3, AS
AMENDED, APPENDIX "A" OF THE CODE OF LAWS OF INDIAN RIVER
COUNTY, KNOWN AS THE ZONING CODE, SECTION 25, CREATING
SECTION 25 (t) REGARDING STREET AND RIGHT-OF-WAY DEDICA-
TION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
Section 25(t) of Appendix A to the Code of Laws and
Ordinances of Indian River County, Florida, known as the Zoning
Code, is hereby created to read as follows:
Section 25(t) - Street and Road Right -of -Way Dedication
All land area requested by the County for street or road
right-of-way and dedicated by donation to the County, and
accepted by the County, after January 1, 1984 may be included in
acreage calculations for purposes of density determination when
the parcel from which the land was dedicated is proposed for
development. While the land area dedicated to the County may be
used for density calculation, this area may not be used to
satisfy setback requirements, site coverage requirements, open
space requirements, or any other specific land -use -regulation.
SECTION 2
REPEAL OF CONFLICTING PROVISION
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of
the legislature applying only to the unincorporated portion of
Indian River County and which conflict with the provisions of
this ordinance are hereby repealed to the extent of such
conflict.
whether or not to dedicate her right-of-way. Her family has
been living on this property for over 50 years and the
right-of-way will come within 60 feet of her home. It will
completely uproot her and change her whole life style. Mr.
Schlitt felt that if Mrs. Fultz does donate the
right-of-way, it will be due to the fact that she is
interested in seeing the County progress in an orderly
fashion.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the
Board unanimously adopted Ordinance 84-10,
amending Ordinance 71-3, Appendix "A" of the
Code of Laws, known as the Zoning Code,
Section 25, creating Section 25 (t) re street
and right-of-way dedication, with the insertion
recommended by the County Attorney.
Commissioner Lyons suggested that a map of the County's
plan for the extension of Indian River Boulevard be
published in the newspaper so that the public can see
exactly what the County is planning.
34
MAR 14 1984 BQac 56 PA425
1
SECTION.3
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the.
sections of this ordinance may be renumbered or relettered'to
accomplish such intentions.
SECTION 4
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 5.
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 14thday of March
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
' By c:�_ 2��
DON C. SCUR OCK, JR
Chairman
Acknowledgment of the Department of State of the State of
Florida this 4th day of April 1, 1984.
Effective Date: Acknowledgment from the Department of State
received on this 9th day of A rail 1984, at
A.M.%P.M. and filed in the Office of the Clerk of
the Board of CC=ty Commissioners of Indian River County,
Florida.
AP
LE
By
Boa 56 pw 427
�1
F -
MAR 14 1994 Boo,x 56 * PacE 428
PUBLIC HEARING - MANUEL CAMACHO REQUEST TO REZONE 1.34
ACRES FROM SINGLE-FAMILY DISTRICT TO RESTRICTED COMMERCIAL
DISTRICT
The hour of 10:00 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of C%'on.c
in the
Court, was pub-
lished in said newspaper in the issues ofb a �(O ��,ti
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 day of .D, 19 O �'
(SEAL)
Manager)
(Clerk of the Circuit Court, I ian River County, Florida)
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from:
R-1, 'Single -Family Residential District'
to C -1A, 'Restricted Commercial Dis-
trict." The subject property presently
owned by Manuel Camacho is located
on the south side of State Road 60, ap-
proximately `ix mile west of 43rd Avenue.
The subject property is described as:
The East 150 feet of the West 370 feat of
Tract 10, Section 4, Township 33 South,
Range 39 East, North of Main out fall
canal of the Indian River Farms Drainage
District, according to the last general
plat of lands of the Indian River Farms
Company, filed in Plat Book 2, Page 25; -
Public Records of St. Lucie County, Flo►-
7heard.
ss road rgWf-wav, cni�t ian to
ing and being in Indian River.,
. Florida.
hearing at which parties in interest
andns shall have an opportunity to be
be held by the Board of County Com -
of Indian River County, Florida, in the
mmission Chambers of the County
Administration Building, located at '1840 '255th
Street, Vero Beach, Florida, on Wednesday,
March 14. 1984, at 10:00 A.M.
If any person decides to appeal any decision
made on the above matter, heishe may need to
ensure that a verbatim record of the proceedings
is made. which includes testimony and evidence
upon which the appeal is based.
I Indian River County
Board of County Commissioners
By -s-Don C. Scurlock Jr.
Chairman
Feb. 26, Mar. 8. 1984.
The Board reviewed the following memo dated 2/21/84:
TO: The Honorable Members of DATE: February 21, 1984 FILE:
h
t e Board of County
Commissioners MANUEL CAMACHO REQUEST TO
REZONE APPROX. 1.34 ACRES
DEPARTMENT HEAD CONCURRENCE: FROM R-1, SINGLE-FAMILY
p DISTRICT, TO C-lA,
SUBJECT: RESTRICTED COM. DISTRICT
Robert M. Kediing,.-AICP _
Planning & Development Director
FROM: Richard Shearer AICD REFERENCES: Camacho P&Z
Chief, Long -Range Planning RICH
It is requested that the data herein presented be given formal
consideration by the Board of County.Commis.sioners at their
regular meeting of March 14, 1984.
17J
35
DESCRIPTION & CONDITIONS
The applicants, Manuel and Clemencia Camacho, request to rezone
approximately 1.34 -acres located on the south -side of State
Road 60 and 1/3 mile weSt of Clemans (43rd) Avenue from R-1,
Single -Family Residential District, to C-lA, Restricted
Commercial District.
The applicants propose to develop this property as•a
restaurant. Agents for the applicants discussed this rezoning
request with the Planning Staff several times before a rezoning
application was submitted. These discussions resulted in -the
applicants requesting a rezoning to C-lA rather than C-1,
Commercial District.
On January 26, 1984, the Planning and Zoning Commission voted
3 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS _
In this section, an analysis of the existing.land use pattern
will be presented as well as a discussion of the future land
use as established in the land use element of the Comprehensive
Plan.
Existing Land Use. Pattern
The subject property currently contains a single-family house.
-West of the subject property is a single-family house on land
that is -zoned R-1. Further west is an old citrus grove which
is zoned C -1A. North of the subject property, across State
Road 60, is vacant land and a single-family subdivision zoned
R-1. East of this property, on the north side of S.R.60 is the
First Bankers Westside Banking Center, the Ed Schlitt Agency
real estate office, and vacant land,all zoned C -1A. East of
the subject property are two, single-family homes, zoned C-lA,
and the main relief canal. The main relief canal also serves
as the southern boundary of the subject property.
Future Land Use; Pattern
The Comprehensive Plan designates a 140 acre commercial node at
the intersection of S.R. 60 and Kings Highway which extends
eastward to 43rd Avenue between S.R. 60 and the main relief
canal. Based on this description of the node, the subject
property is included in the node and has a commercial land use
designation.
Roads/Traffic
The subject property has direct access to S.R. 60 (classified
as an arterial street on the Thoroughfare Plan). A restaurant
on the property would attract approximately 563 average `'annual
daily trips (AADT). State Road 60 currently carries about
12,000 AADT which is less than one-half of its capacity. In
this area, S.R. 60 has a level -of -service of B+.
Environrleiit
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
MAR 14 190A 56 mu 429
MAR 14 1984
BOCA 56
Utilities
i Neither County water nor County wastewater facilities are
available at this time. County water should be available in
the near future.
RECOMMENDATION
Based on the above analysis, particularly the definition of the
.�7node in the Comprehensive Plan, the current zoning pattern in
this area, and the Planning and Zoning Commission's
recommendation, staff recommends approval.
Richard Shearer, Chief, Long -Range Planning, showed a
slide of the property and a zoning map of the surrounding
property.
A letter of protest written in behalf of Mrs. Ferrari
who owns the property located on SR #60 between 49th and
50th was received in late January objecting to the rezoning
of the Camacho property. Mr. Shearer believed Mrs.
Ferrari's property was located east of the Camacho property
and was in an existing commercially zoned area.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Martin Wall, Attorney representing Mr. Camacho,
explained that the property is in the process of being sold
to Louis Schlitt as trustee, and the plan is to build either
a restaurant or a bank of some type there, but not in the
immediate future.
Chairman Scurlock asked if anyone else wished to be
heard. There were none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously adopted Ordinance 84-11, rezoning
approximately 1.34 Acres from R-1, Single Family
District, to C-lA, Restricted Commercial District,
as requested by Manuel Camacho.
ORDINANCE NO. 84-11
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be`amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
The East 150 feet of the West 370 feet of Tract 10,
Section 4, Township 33 South, Range 39 East, North of Main
out fa'1 canal of the Indian River Farms Drainage Dis-
trict, according to the last general plat of lands of the
Indian River Farms Company, filed in Plat Book 2, Page 25,
Public Records of St. Lucie County, Florida, less road
right-of-way; said lands now lying and being- in Indian
River County, Florida.
Be changed from R-1, "Single -Family District" to C-lA,
"Restricted 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 this 14 day of March ,
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER
BY ,i G
DON C. SCURL K, JR.
Chairman 61
Acknowledgment by the Department of State of the State of
Florida this 19th day of March , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 22ndday of March , 1984, at 2:00 A.M./
P.M. and filed in the office of the Clerk of the Board of
ounty Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUPPICIENCY.
County Attorney
W.
MAR 14 1984
MAR 14 1984
64 FAGc 432
PUBLIC HEARING - ORDINANCE PROVIDING FOR ADDITIONAL FILING
FEES IN.ALL CIVIL ACTIONS, SUITS OR PROCEEDINGS IN THE
COUNTY OR CIRCUIT COURT
The hour of 10:15 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
_% 'e•
a
in the matter of
to the Court, was pub-
lished in'said newspaper in the issues of= --
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed fore t=tjirt,
.D. 19
ess Manager)
(SEAL) (Clerkunty, Florida)
NOTICE OF INTENT TO
The Board of County SIDER CommissioTY Cof Indian
Rler County will conduct a public hearing on
March 14, 1984, at 10:15 A.M. in the Commission
Chambers40 2th street, Vero Beach. Florida,on B o�con-
aider adoption of an ordinance entitled:
iAN ORDINANCE OF THE BOARD Of
COUNTY COMMISSIONERS nP nirdA.
FOR AN ADDITIONAL FILING"'U"N
ALL CIVIL ACTIONS, SUITS OR PRO-'
CEEDINGS, INSTITUTED. IN THE
COUNTY OR CIRCUIT COURT IN AND
FOR INDIAN RIVER COUNTY, FLORIDA,
TO BE USED EXCLUSIVELY FOR THE
PURPOSE OF PROVIDING AND MALIN_
TAINING FACILITIES FOR THE USE OF
SAID COURTS; PROVIDING FOR THE
COLLECTION AND DISBURSEMENT OF
SAID FILING FEES- PROVIDING FOR IN-
'ORPnRennk, u,
I i Y AND AN EFFECTIVE DATE. � "
Ithdecides adedamatl oIf nee above he/shewill
record of the proceedings, and for such pur_
tunses. he/she record of thheyproceeedetlings is that a v hick
record includes the teStimony n evitlen � on
which the appeal is based
Feb. 24, 1984.
�.
O CJ
M
CLI
e0
y f7 M
n
-
� C yy
Cr
f!ca
Mz ppn�
,'
N V
1
f
Attorney Brandenburg recalled that this is an ordinance
that the Board has discussed in the past. Its adoption has
been suggested by several members of our local bench, and
the Bar Association has approved its adoption by an over-
whelming vote. The ordinance establishes a court facilities
fee. The monies collected through the ordinance will go
39
into a trust fund to be appropriated by the Board for
maintenance and improvements to the court facilities in the
County. The County Attorney advised that there does not
appear to be any problems with the ordinance and recommended-
its
ecommended
its adoption. He also requested that the Finance Department
be instructed to set up the appropriate trust fund.
Commissioner Lyons asked about the definition of
"maintenance" in regard to the court facilities; is it a
common word meaning janitorial services, etc. Attorney
Brandenburg explained that this is statutory language
meaning maintenance to the capital facility itself, i.e.
painting the walls, installing carpeting, etc.
Attorney Brandenburg noted that this is an additional
fee that the County has not imposed in the past and it will
raise the fees required for filing court actions by a
considerable amount. This., however, will bring Indian River
County in line with fees that are charged in -similar
surrounding counties.
Attorney Brandenburg reported that OMB Director Jeff
Barton estimated the revenue from these fees would run
$30,000-$50,000 a year, depending on the activity in the
court system. The funds will go into a special court
facility fee trust fund and be kept in there year to year;
they can only be appropriated by the Board for maintenance
and improvements to the court facilities. This fund cannot
be used for any other item, and it is not rolled over into
the Board's General Fund for the next year.
Commissioner Wodtke asked if the funds could be
utilized to replace taxpayers' funds that are budgeted for
the annual maintenance of the court -facilities. Attorney
Brandenburg advised that these funds can be used to cover
the normal operational costs of the court facilities;
however, the judges and the Bar Association strongly
recommend that the funds be used to make necessary
40
MAR 14 1984Qa�c
56 Pace3
MAR 14 1984 a 6 FAcE
improvements to the court facilities, such as the additional
4th courtroom and better equipment.
Administrator Wright could not envision this fund ever
being enough to meet our capital needs, but did see it as a
step towards meeting those needs.
Attorney Brandenburg stated that, in effect, this is a
user's fee; the people who use the court system will pay a
share of the costs involved.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the
Board unanimously closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the
Board unanimously adopted Ordinance 84-12,
providing for an additional filing fee in all
civil actions, suits or proceedings, instituted
in the County or Circuit Court, to be used
exclusively for the purpose of providing and
maintaining facilities for the use of said courts;
and providing for the collection and disbursement
of said filing fees.
41
INDIAN RIVER COUNTY ORDINANCE NO. 84-12
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR AN
ADDITIONAL FILING FEE IN ALL CIVIL ACTIONS, SUITS
OR PROCEEDINGS, INSTITUTED IN THE COUNTY OR CIRCUIT
COURT IN AND FOR INDIAN RIVER COUNTY, FLORIDA, TO BE
USED EXCLUSIVELY FOR THE PURPOSE OF PROVIDING AND
MAINTAINING FACILITIES FOR THE USE OF SAID COURTS;
PROVIDING FOR THE COLLECTION AND DISBURSEMENT OF SAID
FILING FEES; PROVIDING FOR INCORPORATION IN CODE,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes 528.241 and Florida Statutes
§34.041, authori.zes the Board of County Commissioners of the
respective counties to impose additional service charges to raise
funds to provide and maintain court facilities; and
WHEREAS, additional funds are now required to meet the
current cost of providing and maintaining court facilities in
Indian River County; and
WHEREAS, the proper and expeditious administration of
justice in Indian River County requires the Board of County
Commissioners to provide adequate court facilities for use by the
general public, judges, attorneys and officers of the courts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
SCHEDULE OF FILING FEES
Upon the institution of any civil action, suit or pro-
ceeding in the county or circuit court in and for Indian River
County, Florida, in addition to any service charge, filing fee or
costs otherwise provided by ordinance, general or special law in
effect on the effective date of this ordinance, there shall be
paid by the party ;or parties filing or instituting such action,
suit or proceeding the following sum, hereinafter identified as
"Court Facilities Fee," the whole of which shall be paid by the
Clerk of. the Court into a non -lapsing fund of Indian River County
entitled the "Court Facilities Fund" to be used exclusively by the
County in providing and maintaining court facilities;
-1-
MAR 14 1984 BOOK -56 PnE 435
I
MAR 14 1994
gia 56 Fact 435
(a) Cases Filed in County Court:
(1) Summary Claims Division:
For all claims
less than -$100.00 $3.00 Court Facilities Fee
For all claims of $100.00
and less than $1,000.00 $5.00 Court Facilities Fee
For all claims of $1,000.00
and less than $1,500.00 $10.00 Court Facilities Fee
For all other proceedings
including, but not limited
to, garnishment, attachment,
replevin and distress $10.00 Court Facilities Fee
(2) Civil Division.
For all civil actions or
claims of $1,500.00 and
not more than $2,500.00 $12.50 Court Facilities Fee
For all civil actions or
claims of $2,500.00 and
not more than $5,000.00 $15.00 Court Facilities Fee
For all other proceedings
including, but not limited
to, garnishment, attachment,
replevin and distress $15.00 Court Facilities Fee
(b) Cases Filed in Circuit Court --Civil Division.
For all civil suits filed
including probate (see
exception below) $20.00 Court Facilities Fee
Exception -- Probate matters
where administration is -
unnecessary $10.00 Court Facilities Fee
SECTION 2
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 3
SEVERABILITY
® If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such
_ =2 -
unconstitutional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 14th day of
March, 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVERR COUNTY
By I'D~ C '114446-4-�
DON C. SCURLOCR, .
Chairman
Acknowledgment by the Department of State of the State of Florida
this 20th day.of April , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 24th day of April , 1984, at 11.00
'A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Flo-rida.
APPROVED
LEGAL Su
AND
By JA
G77 . BRANDENB G, County Attorney
MAR 14 X984 -3- BOK 56, FAGS 4117
MAR 14 1984
! PROGRESS REPORT — SEBASTIAN LIBRARY
BANK 56.PA. 38
The Board reviewed the following letter dated 2/28/84:
Sebastian
P.O. Box 1213
Main St. & U.S. 1
Sebastian, Florida 32958
River Library
Board of Count• Coinxnissioners
18hO 25U Street
Vero Beach, _'lcrida :32960
'ebruery.28, 1984
LI,
t"= __l ice J"nite
Dear Mrs. unite,
This letter is to request -:)ermi cion to address
the Commission et the i•:,^rch 1Lth meeting in order to
`ive a report on the 3eba:sti,-:n _.rea Counter Liorar;-.
I will be acccmonied bar Lynn :Mals_., Director.
Very truly yours,
.jor..n _Preuss,
Vica-?res. of oerd of Trustees
Joan Preuss, Vice President of the Board of Trustees,
pointed out that May 10th will mark the first anniversary of
the opening of the Sebastian Library and wished to report on
the library's progress. She distributed the following
Progress Report and introduced Library Director Lynn Walsh.
45
��c4g�eda Re,&ttote
Sebastian River Library Assoc., Inc.
On May 10, 1983 the Sebastian Area County
Library opened its doors for service to the public.
It has been nearly a year since volunteers started
moving books into what was then the Sebastian
City Hall.
To those who had worked for the opening of the
library, the 2500 books on the rows of shelving
looked mighty sparse.
Library Directory, Lynn Walsh was optimistic. She
reminded us that all the books ordered were not
here yet and she felt that by next year we would
be needing more shelving.
She was right! The donations came in. Book after
book. With a lot of sorting and hard work only
the very best. were kept and put on the shelves;
the rest were sold at book sales to raise money for
needed items in the library that the budget just
couldn't provide.
A basic collection of Adult, Children and
Reference Sections started filling the shelves.
A long hard look was given to the Children's
Section. If we were going to begin Children's Story
Hour, that area of the library needed attention
immediately.
Books were, ordered and a trip to Jacksonville to
pick our books at a discount price was made.
Soon the shelves started filling up.
When Lynn felt we had a good collection picked out for
the Children's Room and the shelves were beginning
to fill up, she turned her attention to starting a
Florida Section.
The Adult Section and the Reference Section are now
being emphasized and hopefully by next year we will-
have
ilyhave a Reference Room secarate from the other
sections of the library.
As of February 1, 1984 our library has grown from
2500 volumes to over 6500 volumes available to the
public. More are being added every day.
In addition the Library is now subscribing to 31
periodicals and 7 newspapers. Through donations
and a lot of hard work a large backfile of periodicals
has been accumulated and are -now available for use
in the library. In the future we hope to have a
Micro Fiche which will eliminate the need for stor-
age of all the magazines and newspapers.
During this time while the trustees were concen-
trating on running the library within its limited bud.
get, the Friends of the Sebastian Area County
Library was formed. Their purpose ... To inform
the community about library services and to lobby
for laws to help improve library services. They also
will hold book sales, Author Days, and two or three
large fund raisers during the year.
Throughout the year Lynn was busy not only running
the library, attending almost every meeting concerning
the library, training volunteers, and ordering books,
she also started organizing other non -book services to
offer the public.
Due to her forethought we now have Story Time for
pre-schoolers, with an adult discussion group on
Child Development for the parents; a Summer Reading
Program (with the help of the Junior Woman's Club);
Vacation Film Program for school children; Film Pro-
grams every Wednesday evening (for the whole family);
Pine Needle Craft Classes and Blood Pressure readings
on Thursday.
The City of Sebastian also has been most cooperative.
For leasing the building to the Association for 51.00
per year, for replacing a badly leaking roof last fall,
and within the last month arranging for the painting
of the outside of the building, we are most appreciative.,
During the month of January 1,862 persons used the
library and 1,970 books were circulated. 159 people
enjoyed the film programs and 100 people had their
blood pressure read.
117 new borrower cards' were issued bringing the
total number of library patrons above the 1500 mark!
Progress. Yes, there certainly has been that. There
is still a great deal to be done but the library has
made a great start and with your continued support
and help will continue to grow and touch the lives
of more and more of:ething
residents of North Indian
River County.
We all certainly have to be proud of.
Sincerely,
Board of Trustees,
Sebastian River Library Association
Director Walsh stated they were here today not to ask
for anything, but to thank the Board for their support in
establishing the Sebastian River Library. She reviewed the
progress made this past year, and noted their future plans
are really ambitious.
46
Boa 56 ?ACE.4o9
MAR 14 1984Boax
n
Chairman Scurlock felt this was a very satisfying
accomplishment and mentioned that he has heard that it is a
"people's" library, not a "librarian's" or an
"association's" library.
Commissioner Bird asked if the library seeks out the
donation of books, and Director Walsh reported that they had
received so many books by Christmas that she had to ask that
donations be held off until mid-March. They have received
some beautiful donations and believed that perhaps half of
their collection is from donations.
Commissioner Bird suggested that the Board designate a
Library Day by proclamation to encourage donations of books
or•money. Director Walsh believed.that would be very
helpful and suggested a day during the week of April 8-14,
which is National Library Week, or April 18th, which is
Florida's Library Day.
Commissioner Lyons commended Director Walsh on the
great job she has done this past year. He asked if they had
a good relationship with the Vero Beach Library, and
Director Walsh stated that Mary Kaiser and -she have been
working things out and she felt the situation is improving.
In order to improve communications, it was agreed that
the Vero Beach Library Board and the Sebastian River Library
Board would each send a representative to the respective
boards.
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 10:55
o'clock A.M. in order that the District Board of the North
County Fire District might convene. Those Minutes are being
E+
prepared separately.
The Board of County Commissioners reconvened at 11:00
o'clock A.M. with the same members present.
47
DISCUSSION RE INDIAN RIVER COUNTY MENTAL HEALTH CENTER
The Board reviewed the following letter dated 3/12/84:
March 12, 1984
Mr. Lawrence M. Dougher
District IX Administrator
Department of Health and
Rehabilitative Services
111 Georgia Avenue
West Palm Beach, Florida 33401
Dear Mr. Dougher:
The four county commissions of Indian River, St. Lucie,
Martin and Okeechobee Counties are the governmental subdivisions
responsible for local funding 'and district mental health plan
approval. Given this responsibility, each commission is vitally
interested in a satisfactory resolution of the various issues in
a manner. which will not interfere with services to patients.
Through this letter we, therefore, convey our desire to assist
the state review team which will evaluate the Indian River
Community Mental Health Center, Inc.
Each of the four counties designated a commissioner: to serve
on a committee to review the proposed district plan and funding
allocations. This ad-hoc committee, and I as Chairman, are
recommending to our respective commissions that they appoint a
commissioner to serve on a special committee to assist your
review team in the investigation of the Indian River Community
Mental Health Center, Inc. The intention of this committee is to
add accountability to the findings and to assure the Department
of Health & Rehabilitative Services that the four counties, which
provide local funding, wish to resolve any and all issues that
deal with administration and delivery of services to our
respective constituents. Each of the four county commissions
will be considering this matter in the next few days.
The Indian River County Commission, at their last meeting,
authorized Gary Brandenburg, County Attorney to monitor the
lawsuit between the Mental Health District Board and the
Community Mental Health Center, with the understanding that what
we are looking for is adequate service, with the funds we are
sending to the District Board, for Indian River County residents.
Sincerely,
t4i'
William C. Wodtke, Jr.
Indian River County
Commissioner
W.
MAR 14 1984
8048 56 PAGE 441
I
r - G
MAR 14 1994 BOOK 56 PACE 4 42
i Commissioner Wodtke explained that the District Board
has voted to cease funding the IRCMHC on March 31, 1984.
The Center Board has filed a suit against the District Board
and the Florida Department of Health and Rehabilitative
Services are intervening in the situation. The State is
going to send in a review team to conduct it annual
evaluation at an earlier time and to do a more in-depth
study.
As a former member of the District Board and a present
member of the Center Board, Commissioner Wodtke expressed
concern whether the evaluation that is done by the State
will satisfy the District Board.
Commissioner Scurlock asked what type of audit or
evaluation is planned by the State in regard to the Center
refusing access to the District review team.
Commissioner Wodtke did not know at this time what kind
of a study they are considering, and explained that
previously the HRS has done a routine annual evaluation of
services rendered. He hoped they would go into greater
depth in this evaluation in re administrative and personnel
matters.
Chairman Scurlock felt that the air should be cleared
and that we should have an in-depth look and get all the
questions resolved. He believed that in order to have an
organization operate efficiently and function properly, it
must have a clean bill of health.
Commissioner Wodtke recommended that one of the other
commissioners be appointed to serve on the special committee
being formulated to assist the State review team in anyway
possible. The special committee is meant to act as a
constructive, fact-finding tool; it is not meat to
interfere in anyway. He pointed out that the HRS may choose
not to use the services of the special committee, but he is
49
hoping that whatever type of evaluation is done, it will be.
acceptable to the District Board and the four counties.
Commissioner Bird considered it an excellent idea to
have a committee to assist the State's review team because
by having someone close to the investigative effort, we can
see if the investigation is fair or not, and if it is
vindictive or not.
Commissioner Lyons did not really see a conflict in one
Commissioner sitting on the Center Board and another
Commissioner sitting on the special committee. In fact, he
thought it would help the channel of information.
Commissioner Wodtke stated there was not a clear
delineation in his mind of the responsibilities in this
particular issue of the District Board, the HRS and the
Center Board. The normal operating procedures have been
that the District HRS allocates matching funds back to the.
District, which purchases services for the four counties.
He felt that if there are problems with the type of services
being delivered to the patients, that should be the
District's prime concern. If there is a concern about the
administrative or personnel policies, it should be the
responsibility of the Center Board to adopt rules and
policies in regard to personnel, i.e., grievance procedures,
hiring practices, etc.
Commissioner Lyons was interested in getting our
money's worth and determining whether the service being
received by our constituents is consistent with their needs.
Commissioner Wodtke also recommended that the Chairman
be authorized to write a letter to the District Board
requesting them not to cut off the funding to the Center on
March 31, 1984, but to wait until such time as this
evaluation is done. Such a letter has been sent to the
District by one or two other counties.
50
MAR 14 1984 Boca 56 Pact 443
I
MAR 1. 4 1984
80a.6 PAGE.44 -
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously authorized the Chairman to write
to the District Board requesting that funds not
be withheld from the Center until after the
evaluation of IRCMHC has been completed and
reviewed.
Discussion ensued about whether someone other than a
County Commissioner should represent the County on this
special committee and mention was made of Dr. Tucker, Dr.
Flood, or Bill Koolage, hospital trustee. However,
Commissioner Wodtke felt that it would be better to have a
Commissioner serve on the special committee.
Commissioner Lyons thought that was a good idea, but
didn't hear any volunteers.
Commissioner Wodtke offered to serve on the special
committee if that is the way the Board wants it, but he felt
that he could not actively participate on the Center Board
until the evaluation is done.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously appointed Commissioner Wodtke
to serve on a special committee to assist the
HRS in the evaluation of IRCMHC.
0
The several bills and accounts against the County
having been audited were examined and found to be correct
were approved and warrants issued in settlement of same as
follows: Treasury Fund Nos. 90842 - 91000.inclusive. Such
bills and accounts being on file in the Office of the Clerk
51
L--1
of the Circuit Court, the warrants so issued from the
respective bonds being listed in the Supplemental Minute
Book as provided by the rules of the Legislative Auditor,
reference to such record and list so recorded being made a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 1.1:20 o'clock
A.M.
ATTEST:
Clerk
MAR 14 9984
L- -
52
Chairman
600A -5% FACE 45
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