HomeMy WebLinkAbout9/12/1984XI
Wednesday, September 12, 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, September 12, 1984, at 9:00 o'clock A.M.
Present were Don C. Scurlock, Jr., Chairman; Patrick B.
Lyons, Vice Chairman; William C. Wodtke, Jr., Margaret C.
Bowman, 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,
Intergovernmental Director; Jeffrey.K. Barton, OMB Director;
and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order and County
Administrator Michael Wright led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested the deletion of Item 8 -
Discussion re Courthouse Security - from today's Agenda, and
requested the addition of a discussion re the engineering
services agreement for the construction of a sewer force
main and lift station at the County Jail.
Commissioner Bird requested the addition to today's
Agenda of an evaluation of the present system of counting
absentee ballots.
SE P 12 1984 BOOK 1 58 FAUGE 234
SEP 12 1984 BooK,58 F -3-G 35
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the Board
unanimously added the above items to today's
Agenda.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any additions or
corrections to the Minutes of the Regular Meeting of August
22, 1984. There were none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Bowman, the Board
unanimously approved the Minutes of the Regular
Meeting of August 22, 1984, as written.
�CLERR TO THE BOARD
Approval of Duplicate Tax Sale Certificate
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously approved Duplicate Tax Sale
Certificate No. 871, in the amount of $35.39 for
Howard and Mary Groskloss.
CONSENT AGENDA
Chairman Scurlock asked that Item B be removed from the
Consent Agenda at this time.
SIA. Budget Amendment - Salaries and Benefits Transfers
The Board reviewed the following memo dated 8/29/84:
2
TO: Board of County Commissioners DATE: August 29, 1984.FILE:
FROM: Jeffrey K. Barton
Management & Budget Director
SUBJECT: Salaries & Benefits Transfers
REFERENCES:
The following budget amendment is to allocate the funds for salaries and benefits due
to half-time positions and the transfer of positions within Welfare, Animal Control,
Community Services and Indian River Soil/Water Conservation:
Account Title
Regular Salaries
Regular Salaries
Regular Salaries
Social Security
Social Security
Social Security
Retirement
Retirement
Retirement
Ins. Life/Health
Ins. Life/Health
Ins. Life/Health
Workman Comp.
Workman Comp.
Account No.
Increase
��Dec�rease
001211-564-11.12
7,525
001-118-537,11.12
5,000
001-252-513-11.12
20525
001-211-564-12.11
527
001-118,537-12.11
347
001252-513-12.11
180
001-211-564-12.12
_1,241
001-252513-.12:12
1,150
001-250-562,12.12
91
001-211,564-12.13
1,925
001=252-513-12.13
1,600
001-250,562-12.13
325
001-211-564-12.14
5
001-118-537-12.14
5
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board_
unanimously approved the above budget amendment,
as recommended by OMB Director Barton.
/B. Final Plat Approval - Carriage Lane Subdivision
The Board reviewed the following memo dated 8/29/84:
TO: The Honorable Members DATE: August 29, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: FINAL PLAT APPROVAL FOR
CARRIAGE LANE SUBDIVISION
SUBJECT:
Robert M. KeatinV AICP
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: Clare Z. Poupard �,REFERENCES: Carriage Lane
Staff Planner DIS:CLARE
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on September 12, 1984.
3
SEP 12 1984 Boa 58 FA,E236
I
SEP 12 1984 BOOK 58 F,�c: ?.37
DESCRIPTION AND CONDITIONS:
Carriage Lane is a 12 lot, ±7.5 acre subdivision. The subject
property is located at the intersection of 20th Avenue and 4th
Street. The site is zoned R-1 (6.2 dwelling units/acre) and
has a LD -2 (6- dwelling units/acre) land use designation. The
proposed density of the project is 1.6 dwelling units/acre.
The applicants.are requesting final plat approval.
ALTERNATIVES AND ANALYSIS:
Carriage Lane received preliminary plat approval from the
Planning and Zoning Commission on April 5, 1984. A land
development permit was issued on June 6, 1984. Thus, the
= applicants have received conceptual approval of their.subdi-
vision's layout, and approval of the construction drawings for
the site's improvements.
The applicants have now submitted a final plat, a bond for 115%
of the cost of the project's improvements, a certified cost
estimate from the project engineer, and a contract committing
them to completing all the required improvements.
This application has been .reviewed by the appropriate County
Departments. The Public Works. Director has approved the
certified cost estimate for the required paving and drainage
improvements. The Utility Services Director has approved the
certified cost estimate for construction of the project's water
lines. The County Attorney's office has reviewed the contract
signed by the applicant. This contract commits the applicant
to completing all improvements as shown on their approved
construction drawings. - The County Attorney's Office has
approved this contract subject to its being signed by the
Chairman of the Board of -County Commissioners. The final plat
is also in conformance with the approved preliminary plat.
Thus, all- County. requirements concerning final plat approval
have been.addressed.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Carriage Lane Subdivision subject to the
condition that the Chairman of the Board of County Commission-
ers sign a contract -with the applicant committing the applicant
to completing all required improvements.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously granted final plat approval to
Carriage Lane Subdivision, subject to the
condition that the applicant sign a contract
committing to complete all required improvements.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK
JC. Report
Received and placed on file in the Office of the Clerk:
Operating Budget for the Fellsmere
Water Control District for FY 8445
4
Budget Amendment - Improvements in Admin. Building
The Board reviewed the following memo dated 8/31/84:
TO: Board of County Commissioners DATE: August 31, 1984 FILE:
SUBJECT: Improvements in Administration Building
FROM: Oeffrey K. Barton, REFERENCES:
Management & Budget Director
The following budget amendment is to allocate funds to cover the cost of installing
paddl a fans in the first f l oor waiting area and the instal l at%on of outl ets and
power poles in the Tax Collector's office., as this expense was not anticipated
at budget preparations.
Account Title
Account 'No,
Other Imp. except Bldgs 001-220^519.66,39
Reserve for Contingency 001.199-513-99,91
Balance in Reserve as of 8/30/84
$204,527
Increase •Decrease
2,157
2,157
Chairman Scurlock explained that he had requested this
item be removed from the Consent Agenda for discussion
because he believed that the work had not been authorized by
the Board. Approving the cost after the work was done was
putting the cart before the horse, as far as he was
concerned.
OMB Director Jeff Barton and Administrator Wright
explained that this was part of the Building & Grounds
budget and the Tax Collector had the work done by an outside
firm and submitted the bill to us.
Chairman Scurlock and Commissioner Lyons wanted the
opportunity to approve expenditures beforehand.
5
SEP 12 1984 eooK 58Ft�cc �3�
SEP 12 1954
BODS 58 F'riF 23.
Administrator Wright asked if the Commissioners wished
to send the budget amendment back to the Tax Collector.
The Commissioners stressed that in the future they
wanted to authorize the expenditure before the work was
done.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
approved the above budget amendment by a
vote of 3-2, Commissioner Lyons and Chairman
Scurlock dissenting.
JPROCLAMATION - GLORIA'S GIRLS
Chairman Scurlock read the following proclamation aloud
and presented it to Jodi and Julie Tamm and Diane Gentile.
P R O C L A M A T I O N
WHEREAS, a group of young ladies between the ages of
four and seventeen gathered together in September, 1978 to form a
majorette corps known as GLORIA'S GIRLS OF VERO BEACH: _and
WHEREAS, the teams comprising GLORIA'S GIRLS have
competed in local, state and national majorette events during the
past five years, accumulating over 2,000 individual and team
trophies, in addition to developing the poise, grace and
character of its membership; and
WHEREAS, GLORIA'S GIRLS has enjoyed the honor of
representing the United States in an international twirling
convention in Belgium and are now embarking on a trip to perform
at the World's Fair in New Orleans, Louisiana; and
WHEREAS, GLORIA'S GIRLS recently earned several State
Championship awards in Dunedin, Florida; and
WHEREAS, when not engaged in friendly competition,
these young ladies provide public service through the
entertainment of various organizations, including nursing and
retirement homes; and i
C.1
WHEREAS, the individual and community acclaim generated
by GLORIA'S GIRLS, under the leadership and direction of GLORIA
BENTLEY, is worthy of the praise and support of the citizens of
Indian River County, Florida;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf of itself and the citizens of this County expresses
congratulations and appreciation for this group of fine young
ladies and urges the citizens of the County to continue support
of GLORIA'S GIRLS OF VERO BEACH, both in spirit and financially,
through contributions to the group as they prepare for their trip
to New Orleans, thereby enabling GLORIA'S GIRLS to carry on their
fine efforts.
ATTEST:
0 t -
Freda Wright, C;jbrk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORI
BY: G
Don C. Scurlock,
Chairman
@ENGINEERING SERVICES CONTRACT FOR COUNTY JAIL SEWER FORCE
MAIN & LIFT STATION
'�9rv�` The Board reviewed the following memo dated 9/5/84:
TO: The Honorable Members DATE: September 5, 1984 FILE:
of the.Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: Agreement. for Engineering ServiceE
Indian River County Jail Sanitary
Sewer Force Main & Lift Station
FROM: James W. Davis, P -E REFERENCES:
Public Works Director
DESCRIPTION AND CONDITIONS
A proposal for Engineering Services for the subject job was
prepared by the Public Works Division and sent to four (4)
consulting engineering firms in the County for their consideration.
Response was recieved from three (3) firms as follows:
7
SEP 12 i9
BOOK 58 Pr.;F 240
� J
Sippel, Masteller, Lorenz & Hoover, Inc.
Sebastian, F1. $ 6,200..
Beindorf and Assoc., Inc.
Vero Beach, F1. $15,500.
Carter and Assoc:, Inc.
Vero Beach, Fl. $ 9,500.
ALTERNATIVES AND ANALYSIS
BOOK 58 F'u ?41
To provide sanitary sewer service to the subject property,
a force main and lift station must be designed prior to Dec.
30, 1984.
RECOMMENDATIONS AND FUNDING
It is recommended that the Board of County Commissioners
approve the Professional Engineering Services Agreement with
Sippel, Masteller, Lorenz, and Hoover, Inc., of Sebastian,
Florida, in the amount of $ 6,200.
Administrator Wright explained that in order to keep
the cost of the jail down, the County will do as much of the
site engineering work in house as possible, but we do not
have the expertise to do the sewer construction. Three bids
were received and staff is recommending the firm of'Sippel,
Masteller, Lorenz, and Hoover, Inc., of Sebastian, Florida,
in the amount of $6,200.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the Board
award the bid for construction of the County Jail
sewer force main and lift station to Sippel,
Masteller, Lorenz, and Hoover,Inc. in the amount
of $6,200, and authorized the Chairman's signature
on the Agreement for Engineering Services.
Administrator Wright explained that these funds will
come out of the Jail budget of whatever financing is used.
He noted that this is the same firm that did the SR -60
waterline project and the County has been very satisfied
with their job performance.
E
Commissioner Bird remarked on the wide range of bids
received and Administrator Wright advised that was not
unusual.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK
WHEN FULLY EXECUTED AND RECEIVED
PUBLIC HEARING - REQUEST BY WATKINS ASSOCIATED DEVELOPERS TO
�� REZONE .38 ACRES FROM SINGLE FAMILY DISTRICT TO COMMERCIAL
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: _
Ae
VERO BEACH PRESS -JOURNAL
Published Daily R -3A
Vero Beach, Indian River County, Florida
41
V.
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 PressJoumal, a daily newspaper published `
at Vero Beach in Indian River County, Florida, that the attached copy of advertisement, being
v LD -1 t.
in the matter ofA.
!/l�/iE�,ltrreLst'/ 1��� w 1 .' ���� e�,�+ ,� �u," ,•
465
• \_ •`
in the Court, was pub- 1777
77 n '
c/ w � ♦ .. 1 f1"iG•N-V1'eM' Y >�:,, s`i.. �'t , A.' -
lished in said newspaper in the issues of o� ��7 �• '� ' ''�6. 1'
1 F r
NOTICE — PUBUC HEARING remnirig land torr( R-1. Sin'
Diamct Subject Property d Dr�nOy owrletl cd RI�RWALK.
Notice of hear" 4-11 llfefllto consider the adoption of a Ccunry ord _ R 92nd Avenue) end.
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 f
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 subsc ' ed ore tjf(]��jt�nl
l�. 19�C /,�'�( Siness Manager)
(SEAL)
E
gle-Family Dfstnct to C-1, Commercial
ASSOCIATES and is located Went of U.S. Highway=1, South of Roselarltl • cad
East or Waure9anrovenuead�ibed all: ' .1 ..: "
The subject Property _
Commencing at the point of intersection of the FleMinO 6rent U %d In the Souk , P o1 ~
3to Rot
9 0� public r Records of Ind en Rlryvet Counry,F n R thence South 43 0018" Eeaast 5.02 peel
aton9 geld Fleming Grant une, hence. Souh 45`54'01•' Wasp 240.79 rear. thence North
est
43"35'49 West 54.931e t oe Scuhnrfght l aY Ina poi Roseland Road, North arms run No
rth
294.58 feet ro e pa
41'29.37'- East. along said rightmf-way tine. 114.57 feet f anon-tathe adiul ngent pomp oa circular
h a thence
curve. said point bears South 67-41-29" Wit 12059.20 teal hornend being M�Ihd— � River
al
Southeasterly along saki circular curve for
Said Propertyan arc
County.
M g a feet throng
angle of 01'32.39' to the Point of Seg ni to be heard.
Counry _
A public hearing at which parties in interest end citlxena shall have an opportunity the
.• will Ir
be held by me mar of the Counry AdministrationlBudcing. rvocatted at 1840er County, i25thnStri0tt, Vero -
Commi Flon ambere 1 need a
Beach, Florida. on Wednesday, September 12,1984• et 9.15 a.m. heed ro ensure that A'verbatim
' If any person decides to appeal any decision ma ee�e tnhe,y neve matter, hershe wtI 'I
• record Of the Procmdmgs, and rot such Purposes• wniGh the appeal
• recoi d -of the proceedings Is made, which Includes tealimony and evidence upon
is based.
Indian fver County
i Board ofCounty
C. Scurlock
rlrlock issioners
By
Chairman
Aug 22. Sept. 4. 1984,
BOOK 59 rA,UE 242
SEP 12 1994
Boor 58 -'9:-U E 243
The Board reviewed the following memo dated 8/31/84:
TO: The Honorable Members DATE: August 31, 1984 FILE:
of the Board of
County Commissioners WATKINS ASSOC. DEVELOP-
ERS REQUEST TO REZONE
DIVISION HEAD CONCURRENCE: .38 ACRES FROM R-1,
SINGLE-FAMILY DISTRICT,
� ,114 SUBJECT: TO C-1, COMMERCIAL
Robert M. Keat ng,� ICP DISTRICT
Planning & Development Director
FROM: Richard Shearer, AICP. REFERENCES: Watkins Rezoning
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of•County Commissioners at their
regular meeting of September 12,1984.
DESCRIPTION & CONDITIONS
Watkins Associated 'Developers, the owner, is requesting to
rezone .38 acres located 600 feet southwest of U.S. Highway 1
on the south side of Roseland Road from R-1, Single -Family
District (up to 6.2 units/acre), to C-1, Commercial District.
The subject property is part of a-14.8 acre parcel that is
proposed for development -as a shopping center. The remaining
14.42 acres of this parcel are already zoned C-1.
On August 9, 1984,.the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS '
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description.of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property is undeveloped and zoned R-1. The land
north of the subject property, across Roseland Road, contains a
contractor's office and a fruit stand and is zoned C-1. East
of the subject property, across U.S. Highway 1, is the Roseland
Plaza shopping center, and a convenience store which are zoned
C-1. South and west of the subject property is undeveloped
land that is zoned R-1. Further west are single-family
residences.
Future Land Use Pattern
The Comprehensive Plan generally designates the subject
property and the lands south, west, and east of it as MD -1,
Medium -Density Residential 1 (up to 8 units/acre). The land to
the north, across Roseland Road, is designated as LD -1,
Low -Density Residential 1 (up to 3 units/acre). In addition,
there is a 70 acre hospital/commercial node designated at the
intersection of Roseland Road and U.S.1.
10
In analyzing this request, the staff did a survey to determine
how much land in the 70 acre node is being utilized for
hospital or commercial uses, how much land should be allocated
in the core of the node (including the four corners of the
Roseland Road and U.S.1 intersection), and how much infill land
would-be required to connect the existing uses with the core of
the node. Presently, the node includes the following:
Humana Hospital - 25.08 acres
Existing Commercial Uses - 13.32 acres
Core area southeast of Roseland Road
and U.S.1 - 4.0 acres
Necessary infill land - 8.18 acres
Williamson Rezoning Request 4.7 acres
Total 55.28 acres
Based on this analysis, the node has 14.72 acres (70 acres less
55.28 acres) of land remaining which could be allocated to the
southwest corner of Roseland Road and U.S.1 and include the
subject property.
Transportation System
The subject property has direct access to Roseland Road
(classified as a'primary collector street on the Thoroughfare
Plan). However, the larger 14.8 acre parcel of land, of which
the subject property is a part, has access to Roseland Road and
U.S.1 (classified as an arterial street). Commercial
development of -the 14.8 acre parcel would attract approximately
6,658 -average annual daily trips (AADT).
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
The subject property is not.served by County water nor
wastewater facilities.
RECOMMENDATION
Based.on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Richard Shearer, Chief of Long -Range Planning,
presented staff's.recommendation for approval of the
rezoning request by Watkins Associated Developers.
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.
11
S E P 12 1984 eUox 58 pm -;E244
SEP 121984 BOOK 58 tF, 'F 24 .
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Bowman, the
Board unanimously adopted Ordinance 84-61,
rezoning .38 acres located 600 feet southwest
of U.S. #1 on the south side of Roseland Road
from R-1, Single -Family District, to C-1,
Commercial District, as requested by Watkins
Associated Developers.
12
r
ORDINANCE NO. 84-61
1-1
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:
Commencing at the point of intersection of the Fleming
Grant Line and the South line of Tract A of Van Bergen
and Hendry's Addition to Roseland as recorded in Plat
Book 3, Page 39 of Public Records of Indian River County,
Florida, thence South 43°00138" East 5.02 feet along
said Fleming Grant Line, thence, South 45°54101" West
240.79 feet, thence North 43038149" West 54.93 feet to
the Point of Beginning, thence, continue North 43038149"
West 294.56 feet to a point on the South right-of-way
line for Roseland Road, thence run North 41029137" East,
along said right-of-way line, 114.57 feet to a non -tangent
point on a circular curve, said point bears South
67041129" West 12059.20 feet from the radius point, thence
Southeasterly along said circular curve for an arc length
of 324.98 feet through a central angle of 01°32139" to the
Point of Beginning. Said property lying and being in
Indian River County.
Be changed from R-1, Single -Family District to C-1,
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 12tllay of September
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: C- 0-, 'A
ZZ I
DON C. SCUIWOCK, JR
Chairman
Acknowledgment by the Department of State of the State of
Florida this 17 day of Sept. , 1984.
SEP 12 1984 Boor. 5 8 c,AcF X46
a SEP 12 1954
BOOK F'',F 24
Effective Date: Acknowledgment from the Department of State
received on this 21 day of Sept. , 1984, at 11 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 SUFFICIENCY.
. BRANDENBUAG, County At
0
I/CONTRACT FOR GOLF COURSE CONSULTING SERVICES
Attorney Brandenburg advised that the contract is in
order and presented it for approval.
Commissioner Bowman was assured that the $4850 had been
donated by individuals interested in seeing a public golf
course constructed.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously approved the contract with National
Golf Foundation for consulting services and
authorized the Chairman's signature.
CONTRACT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN
FULLY EXECUTED AND RECEIVED
14
E
BOOK 58 P", ?48
DESIGNATING SEBASTIAN RIVER AS
A MANATEE AREA
�'JRESOLUTION
J
The hour of 9:30 o'clock A.M. having
passed, the Deputy
lerk read the following Notice with Proof
of Publication
attached, to wit:
7.2324
VERO BEACH PRESS -JOURNAL - AUG M4
L \
to RECEIVED
Published Daily r BppRD COUNTY
v
COMMISSIONERS
Vero Beach, Indian River County, Florida !�
ti
,4w
`!`Ot
6 g Lg�
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
PUBLICNCTICB . ..•:-
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
ALL MFJNBERS OF THE PUBLIC are adar"I
tltat the Board of Cotmtr Commieabnere of In-:
the
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
Y g
man River Florida, ofwill consider
edopUraagnuof arawn fuHon with the following tide at
e 8 � moth. Com tmi�o�n'
a I/��1�
12.1984, ng a.m.
Chambers of the Administration Building. 1810
.2sth street, Vero Beach. Florida, 32990.
A RESOLUTION DESIGNATING THE
SEBASTIAN RIVER AS A MANATEE
In the matter Of.
AREA: REQUESTING THE STATE OF
FLORIDA DEPARTMENT OF NATURAL
RESOURCES TO POST SIGNS IN THE
AREA FOR THE REGULATION OF BOAT
.SPEEDS IN THE SEBASTIAN RIVER
AND To ENFORCE SUCH REGULA-
In the Court, was pub-
TIONS FOR THE PROTECTION OF THE
MA ATTEET EERREEIN;DATEAND PROVIDING
%i/�
AN
It arty person decides to appeal airy decision
lished in said newspaper in the issues of ��� �a�
�,
al
made on the prosbove eding. and fo wig h put -
record of the proceedings and for such
erba-
pur-
h .1she may rote ro ensure that a verbs-
she
record of the proceedingsra made. which
.1
record includes the testimo, In ewdertse on
which the appeal Is based.
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Indian River County I
Board at County Commissioners
Don C. Scurlock Jr.
- Vero Beach, in said Indian River County, Florida, and that the Said newspaper has heretofore
Chairman
y published in said Indian River Count Florida, each dell and has been
been continuous) Y Y
Aug. 22,1984.
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
advertisementfor publication in the said newspaper.
(/
Sworn to and subscribed before me this _ _ day ofA.D. 19 d
) ::Iz iness Manager)
101—
(Clerk of the Circuit Court, tan River County, Florida)
(SEAL)
14
E
BOOK 58 P", ?48
S E P 1 2, 1984
BOOK 58 F° U ?49
Assistant County Attorney James Wilson explained that
the resolution basically asks that certain areas of the
Sebastian River, (those waters lying within Indian River
County and extending from the Brevard County line and the
intersection of the Sebastian River and the Intracoastal
Waterway, south to the intersection of the Sebastian River
and State Road 512), be designated as a manatee area and
asks the Department of Natural Resources to do biological
studies of the area to determine the need for placing speed
restrictions on watercraft.
Attorney Wilson reported that Mr. Pat Rose of the Dept.
of Natural Resources anticipates the need for speed
restrictions in this area and soon will be hiring biologists
who will finish the study sometime in the spring. The
manatees will begin migrating shortly and won't return to
the river until the spring months at which time the results
of the study will be available. Mr. Rose has also asked
that the Commission help defray the costs involved in
posting the speed limit signs. Although he was unable to
give a cost estimate at this time, he did put a cap of
$10,000 on the cost.
Chairman Scurlock noted that the dollar amount was
removed from the resolution and that we were just agreeing
to assist. He hoped that we could institute some sort of
joint participation between the Commission and some of the
interested environmental groups to assist in the financing.
Attorney Wilson reported that there have been 8-10
manatee deaths in the last few years which were directly
attributable to motor watercraft.
Commissioner Bowman asked if we had received any
cooperation from Brevard County regarding the north fork in
the Sebastian River and C-54, and Attorney Wilson explained
that the DNR is also concerned about those areas and will be
in contact with Brevard County. He suggested that, if the
15
M M M
Commission passes this resolution, a letter be sent to
Brevard County along with a copy of the resolution, asking
them if they would consider similar action.
Commissioner Lyons understood then that all we are
saying is that we will assume partial responsibility.
Chairman Scurlock recalled that The Sebastian River
Junior Woman's Club has indicated they would assist us in
any way they could to help with the placement of the signs,
etc., and the Sheriff has also indicated his department
would give some assistance on a limited basis.
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 Bird, the Board
unanimously closed the Public Hearing.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the
Board adopt Resolution 84-61, designating the
Sebastian River as a manatee area, and authorize
the Chairman to send a copy of this resolution to
the Chairman of the Brevard County Board of
Commissioners asking for their cooperation in this
venture.
Under discussion, Commissioner Wodtke asked if the
County has the authority to make this designation, and
Attorney Brandenburg explained that it was the State's right
to take this action, and the County is merely requesting the
designation.
0
SEP 12 1984 Boa 58 P,,, -F25®
SEP 12 1954
BOOK 58 FAUE 251
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
Wallace Kramer, who lives on the north fork of the
Sebastian River in Brevard County, pointed out that the
manatee are in the north fork year around and there is no
seasonal migration, and Chairman Scurlock stated he would
include that information in his letter to Brevard County.
(Exhibit "A", U.S.Dept. of Interior Geological Survey
Topographic Maps of Florida - ALL ARE ON FILE IN THE
CLERK'S OFFICE.) - and also the Indian River County
sectional maps depicting the course of the above-
described waters are incorporated within the Resolution -
J
17
RESOLUTION NO. 84- 61
A RESOLUTION DESIGNATING THE SEBASTIAN RIVER AS A
MANATEE AREA; REQUESTING THE STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES TO POST SIGNS IN THE AREA FOR THE
REGULATION OF BOAT.SPEEDS IN THE SEBASTIAN RIVER AND TO
ENFORCE SUCH REGULATIONS FOR THE PROTECTION OF THE
MANATEE THEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the manatee (sea cow) has been designated
as a Florida State Marine mammal and is protected under Florida
Statutes §370.12; and
WHEREAS, there have been frequent sightings of
manatees in the waters of the Sebastian River in Indian River
County; and
WHEREAS, it can be generally assumed that manatees
inhabit the Sebastian River in Indian River County on a regular or
continuous basis; and
WHEREAS, the public has expressed concern about the
recent deaths of manatees related to collisions with motor driven
vessels within the Sebastian River in Indian River County and
elsewhere in Florida; and
WHEREAS, the Board of County Commissioners of Indian
River County wishes to take action to preserve this marine mammal
within those waters it frequents.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF'INDIAN RIVER COUNTY, FLORIDA as follows that:
1. The Board of County Commissioners hereby declares
the Sebastian River, also known as the Sebastian Creek, in Indian
River County to be a manatee area; said area to include the
waters of the Sebastian River lying within the following sections
of Indian River County:
Section 25, Township 30 S, Range 38 E, Sections 21, 22,
23, 27 and 28, all within Fleming Grant; Section 14,
Township 31 S, Range 38 E; Section 23, Township 31 S,
Range 38 East.
Said area shall extend from the Brevard County line and
the intersection of the Sebastian River and the intra -
coastal waterway, South to the intersection of the
Sebastian River and State Road 512.
Copies of the United States Department of Interior Geological
Survey maps and the Indian River County sectional maps depicting
the course of the above-described waters are incorporated within
-1-
SEP 12 1984 BOOK 58 ;'�",L252
SEP 12
1984
BOOK 58
pnF 253
Lyons
this resolution and attached as Exhibit "A."
Commissioner
Richard N.
2. The Board of County Commissioners hereby requests
the State of Florida Department of Natural Resources to assess the
need to erect signs in the appropriate areas of the Sebastian
River to regulate boat speeds upon such waters and to enforce such
regulation through its Department of Law Enforcement, for the
preservation and protection of the manatee, Florida's state
marine mammal.
3. The Board of County Commissioners hereby agree to
assume partial responsibility for the cost of erecting such signs,
in an amount to be agreed upon after the Department of Natural
Resources determines the total cost of the appropriate signs.
4. That the Board of County Commissioners and the
Indian River County Sheriff's Department hereby agrees to assist
the Department of Natural Resources in enforcing any rules or
restrictions the Department of Natural Resources places upon boat
speeds within the Sebastian River manatee area.
Said resolution shall become effective as of thel2tbday
of September , 1984.
The foregoing resolution was offered by Commissioner -
_Lyons who moved its adoption. The motion was seconded by
Commissioner Bowman and, upon being put to a vote, the vote
was as follows:
Chairman Don
C. Scurlock, Jr.
Ave
Vice -Chairman Patrick B.
Lyons
Ave
Commissioner
Richard N.
Bird
Ave
Commissioner
Margaret C.
Bowman
Ave
Commissioner
William C.
Wodtke,
Jr.Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of September , 1984.
BOARD OF COUNTY COMMISSIONERS
By C l2
DON SCURLOCK, JR.
Chairman
Attest:'
FR A WRIGHT
Clerk
APPROVED AS TO FORM
.D LEGAL SW NCY:
_ -2-
DISCUSSION RE CURRENT PROCEDURES IN COUNTING ABSENTEE
BALLOTS
At the request of Commissioner Bird, Rosemary Richey,
Supervisor of Elections, reviewed the current procedures
used in counting absentee ballots. She explained that the
law does not allow them to open absentee ballots until the
polls are closed and after the books are returned from the
polling places because of the possibility that someone could
have voted twice. That happens very seldom, but at this
last election a very elderly lady forgot she had sent in an
absentee ballot and voted again at the precinct.
Supervisor Richey thought that 8:30-9:00 P.M. would be
the earliest time they would be ready to begin to counting
the ballots, and pointed out that the people who count the
ballots had been working at the polling places since early
morning and would have to continue working until midnight or
later. That is the reason why the absentee ballots are
counted the morning after an election.
The Supervisor of Elections reported that 30 counties
are currently using the PEPS system which is similar to the
punch card system. The PEPS system itself would cost the
County approximately $15,000-16,000, and the additional cost
of $.14 per card would total approximately $800 for 5000
ballots. The cards must be reprogrammed for each election
at a cost of approximately $.14. The PEPS system counts
between 300-600 cards a minute. There is a two-day
training period in Plant City, but if we want it this coming
general election, they would send someone over to oversee
the counting. Mrs. Richey reported that the absentee
ballots are out for the October run-off election and they
can be counted that night if a judge and a commissioner are
in attendance.
Commissioner Bird asked if there is some trade-off as
far as costs are concerned. Mrs. Richey explained that we
20
SEP 12 1984 BOOK 8 pm F 254
SEP 12
1994
BOOK
+ PAGE'P 5
could eliminate the expense of $4.00
an hour paid
to the
people who come`in and count the ballots, but the counting
still could not start much before 9:00 P.M. She noted that
the PEPS system is being used in Martin County and is
basically the same system as used in St. Lucie County.
Commissioner Wodtke reported that in the system used in
St. Lucie County, the voter cards come back from the
precincts in a locked box and are released to the Data
Center. Through a computer program, the cards are counted
and projected on a screen in the Commission Chambers where
everyone concerned could see the up to the minute count. He
thought their process was one that we could look at for
future use.
Mrs. Richey felt that since her term will be over
shortly, the newly elected Supervisor of Elections would
want to choose the new process.
The Commissioners agreed that any action should be
delayed until a new Supervisor of Elections is elected in
November.
Mrs. Richey advised that 30-50 people will begin
counting the absentee ballots at 9:00 o'clock in the morning
after the general election.
PUBLIC HEARING - COUNTY -INITIATED REQUEST TO AMEND THE TEXT
4 OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PROVIDING
FOR NODE BOUNDARIES Continued from 8/14/84 Meeting
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:
21
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
NOTICE OF PUBLIC IEIEARING
TO CONSIDER ADOPTING A COUNTY
ORDINANCE AMENDING THE TEXT OF
THE LAND USE ELEMENT OF THE ,
COMPREHENSIVE PLAN
NOTICE 'IS HEREBY GIVEN that the Board of
County Commissioners of Indian River County,
Florida, shall hold a public hearing at which par
ties In4nterest and citizens shall have an oppor-
tunity to be -heard, in the. County Commission
.Chambers of the County Administration Building:
located at 1B40 25th Street, Vero Beach, Florida,
on Wednesday; September 12, 1984, at 9:45,a.m,
to consider, the adoption of an Ordinance enti-
tled r f'9; ^-,,0-
AN ORDINANCE•&F THE BOARD OF:"
:..COUNTY. COMMISSIONERS OF INDIAN
RIVEFB, COUNTY,. FLORIDA, AMENDING
`' THE' ,TEXT OF THE`�LAND USE ELE- �
MENT ORTHE .COMPREHENSIVE PLAN
flERTA1NINGy-yfi{i',?ESTABLISHING
The Board reviewed the following memo dated 8/31/84:
TO: The Honorable Members DATE:. August 31, 1984 FILE:
of the Board of
County Commissioners COUNTY -INITIATED RE-
QUEST TO AMEND THE TEXT
DIVISION HEAD CONCURRENCE: OF THE LAND USE ELEMENT
OF THE COMP. PLAN PRO -
SUBJECT: VIDING FOR NODE BOUNDA-
Robert M. Keati g, CP RIES
Planning & Development Director
FROM:S and shearer, AI CP REFERENCES: co. Int. CPA/Nodes
Chief, Long -Range -Planning- CHIEF
It is requested that'the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of -September 12, 1984.
22
SEP 12 9954 BODK8 P,+E?�
J
:'TOURIST/COMMERCIALx= •HOSPITAL/-, ;;•
COMMERCIAL; ,COMMEtRCIAL/INDUS-
in the Court, was pub-
;TRIAL AND INDUSTRIAL -NODES s. DE-
-. -THE
3
SCRIBED IN TEXT'DF' THEALAND
USE ELEMENT AND DEPICTED ON THE
;tEAND USE 'MAP OVTHE LAND USE .
lished in said newspaper in the issues of
EMENT.OF,THE COMPREHENSIVE
,tLAN;,,i PfloVIDING. FOFI, SPECIFIED ,
DOSS, UNSPECIFIED' NODES,' PRO
CESS FOR SETTING„' BOUNDARIES,
AND ADMINISTRATIVEfiEZONING AND
• EFf�CTIVEDATE " '`'
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
it any person decides to appeal any. decision
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
Y`reoord'of.the
made on the above matter; -he/she will need a
proceedings:'and for such ;pur-:
been continuously published in said Indian River County, Florida, each daily and has been
poses; he/she may need to ensure that a verba -
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
tim record of the prgceedmgs is made, which in-
t , Florida, for period of one year next preceding the first publication of the attached co of
Y P Y P 9 P PY
eludes testimony and evidence upon which the
appeal is based. ;
advertisement f and affiant further says that he has neither paid nor promised any person, firm
°Indian River County ,, ;'
or corporation any discount, rebate, commission or refund for the purpose of securing this
;Board ofCountycommissioners
advertisement for publication in the said newspaper.Chairman
By: -s -Don C Scurlock Jr
.
o
Sworn to and subs%'be4d&forerjj"ay
Aug. 23, SepL 4.1984
of 19®
Al
siness Manager)
(Clerk of the Circuit Courtdian River County, Florida)
(SEAL)
The Board reviewed the following memo dated 8/31/84:
TO: The Honorable Members DATE:. August 31, 1984 FILE:
of the Board of
County Commissioners COUNTY -INITIATED RE-
QUEST TO AMEND THE TEXT
DIVISION HEAD CONCURRENCE: OF THE LAND USE ELEMENT
OF THE COMP. PLAN PRO -
SUBJECT: VIDING FOR NODE BOUNDA-
Robert M. Keati g, CP RIES
Planning & Development Director
FROM:S and shearer, AI CP REFERENCES: co. Int. CPA/Nodes
Chief, Long -Range -Planning- CHIEF
It is requested that'the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of -September 12, 1984.
22
SEP 12 9954 BODK8 P,+E?�
J
SEP 12 1984 BOOK 58 FvE?5
DESCRIPTION & CONDITIONS
Indian River County is initiating a request to amend the text
of the Land Use Element of the Comprehensive Plan providing for
establishing boundaries for each of the commercial, commercial/
industrial, industrial, tourist/commercial, and hospital/
commercial nodes as designated on the Land Use Map and described
in the text of the Land Use Element of the Comprehensive Plan.
On August 15, 1984, the Board instructed the Planning Department
to prepare a proposal to amend the Comprehensive Plan to
establish boundaries for each of the nodes.
ALTERNATIVES & ANALYSIS
Staff has reviewed the Comprehensive Plan policies for regulat-
ing nodal development and has prepared a proposed amendment to
the Land Use Element of the -Plan which would delete references
to flexibility in node boundaries and establish the general
procedures for establishing firm boundaries for each of the
nodes. The proposed amendment also describes the general
procedure for administratively rezoning the nodes and surround-
ing areas after the boundaries are adopted.
RECOMMENDATION
Based on the above analysis, staff recommends approval.
Planner Richard Shearer presented staff's
recommendation to amend the text of the Land Use Element of
the Comprehensive Plan providing for node boundaries.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Nancy Offutt, Legislative Liason for the Vero Beach -
Indian River County Board of Realtors, thanked the
Commission once again for being responsive to the need for
definition of the nodal areas. She emphasized that The
Board of Realtors favor a quarterly review of the
Comprehensive Land Use Plan, which they feel would not only
lessen the case load for staff but provide a more reasonable
time element for an applicant. Based on the requirements
for an impact analysis and study as well as the expense of
the filing fee, it does not seem there would be frivolous
requests for review of the land use plan. The Realtors
feel that the invitation to light, clean industry is almost
thwarted by making an applicant wait until every January for
23
M
a land use review and believe that providing more frequent
application times for a comp plan amendment would allow
greater flexibility and be a very good marriage partner for
the establishment of the nodes.
Chairman Scurlock thought that twice a year would be
appropriate, because with a quarterly review we might as
well allow people to apply at any time during the year.
Commissioner Lyons concurred. He believed we now are
just solidifying our Plan by doing some house cleaning
chores and it was his feeling that the Plan actually was
supposed to have given us some stability. -Otherwise, he
felt we might as well throw away the plan and just say we
are going to redesignate everything every 3-6 months, which
he did not think was our intent.
Robert Keating, Director of Planning & Development,
stated that was exactly their point -- the plan was supposed
to be a long-range document, not one that was so inflexible
that it cannot respond to changing conditions, but not one
that is as readily changeable as.the zoning code. Staff
recommends that a review be done only once a year.
Mr. Shearer explained that this year was the first year
that we have initiated the changes in January. There were a
few applications which came in late and incomplete and these
were heard from April through June. The County -initiated
requests were heard in July and August and those were
house-cleaning items which needed to be done. Mr. Shearer
believed that the present review of once a year was
sufficient. He noted that Collier County had wanted to go
to reviewing amendments every two years, but State statutes
forbid that.
Commissioner Lyons pointed out that right now we
actually are on a quarterly review system since it will be
opened up again in January.
24
SEP 12 41954 BooK 58 rAGE258
J
SEP 12 1984 BOOK 5 8 FAGS 25
Herndon Williams, 27 Forest Park Drive, stated that he
has attended workshops on the nodes and he got the
impression that we seem to be doing what is convenient for
the staff rather than what is convenient for the public. He
realized that no plan is ever set in concrete as there might
be a way to do it better, and felt it was unfair to ask an
applicant to wait a year before asking for a change.
Mrs. Offutt advised that the Board of Realtors would be
agreeable to a 6 -month review.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
adopted Ordinance 84-62, amending the text of the
Land Use Element of the Comprehensive Plan
providing for Node Boundaries.
Attorney Brandenburg explained that in order to
address the 6 -month review process, the Board would have to
instruct staff to prepare an ordinance amending the
Comprehensive Land Use Plan.
Chairman Scurlock agreed that staff is here to serve
the public, but pointed out that in every business activity
priorities have to be set.
Administrator Wright thought that staff could work it
out -- either twice or 3 times a year.
Director Keating stated they would research the matter
and make a written recommendation to the Planning & Zoning
Commission.
25
ORDINANCE NO. 84-62
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN PERTAINING TO ESTABLISHING
BOUNDARIES FOR THE COMMERCIAL, TOURIST/COMMERCIAL, HOSPITAL/
COMMERCIAL, COMMERCIAL/INDUSTRIAL AND INDUSTRIAL NODES AS
DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON
THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN; PROVIDING FOR SPECIFIED NODES, UNSPECIFIED NODES, PROCESS
FOR SETTING BOUNDARIES, AND ADMINISTRATIVE REZONING, AND
EFFECTIVE DATE..
SECTION 1
PAGES 32, 33, and 34 of the Land Use Element of the Comprehen-
sive Plan, Ordinance 82-21, as amended, are hereby amended to
read as follows:
SPECIAL POLICIES REGULATING NODAL AREAS
1) Unspecified nodes may include:
-a-)-Neighborhood Commercial Nodes - Neighborhood commercial
centers not less than two (2) acres nor in excess of
eight (8) acres per center. These neighborhood commercial
nodes are designed for public convenience businesses,
professional offices and other uses as defined in all
applicable land development ordinances including, but not
limited to, the zoning and subdivision ordinances. The
characteristics of a neighborhood will also be considered
in determining uses which will be allowed in a particular
neighborhood commercial node.
2) Specified nodes include:
-b}a)Commercial Nodes - In these nodes only those uses
defined as commercial in the County's land development
ordinances will be permitted. �h--in-ter--trn-S
o -f- -e-i-]-4w7e-s--in--t4ie--Gount-yi-s--1-an&- lit
CODING: Words in 6*--Fuek--t-a-reug.h-type are deletions from
existing law; words underlined"are additions.
SEP 121984 eocK 58 :"�r,F260
2) continued
BOOK c�8 C1 �G 26-1
The intensity and types
of commercial uses will be more specifically regulated
through the County's land development ordinances.
--ey b) Industrial Nodes - In these nodes only those uses
defined as industrial in the County's land developmnet
ordinances will be permitted. The intensity and types
of industrial uses will be more specifically .regulated
through the County's land development ordinances.
-di c) Commercial/Industrial Nodes - In these nodes uses
defined as 43et-h- either commercial -ate- or industrial
in the County's land development ordinances will be
permitted. The intensity and types of uses will be
more specifically regulated through the County's land
development ordinances.
&)-d) Hospital/Commercial Nodes - The hospital commercial
node is a concept which permits the flexibility to
promote a wide variety of uses which support or are
accessory to a major medical facility. Selective uses
within residential, institutional and commercial zoning
districts may be permitted. In effect, the node would
encompass a Commercial/Residential/Institutional mix
with selective uses being permitted, which are outlined
in the County's land development ordinances.
-f)eej Tourist Commercial Nodes - The tourist commercial node
is designed to provide areas for resort commercial uses
as well as neighborhood commercial uses.
2-)--*3.-i--rrad -s ra3-i--ire-i-tamed--to-4evsi-ep--oma--$--b-& .-s--of-
cervi-cam-�re�c}s:--err-----i -earrt--s &irl 7rrovi-d-u--i at -ion
-regardi-rrg- -th% --i-rimeer&i-ttbe-=rr*e4err•-rme&-be-fore--a--rro6e-mia --he
-est�i�3.-i-sib--t�3rrotze�r-tip--zorri-rrg-�eac� .
CODING: Words in strruek-tkrreugh type are deletions from
existing law; words underlined are additions.
M qP
M
3) Nodes described as being at an intersection shall have a
maximum acreage size. The shape of a node may contain a
distribution of acreage around the intersection or deviate
in any direction. All commercial or industrial uses within
a nodal designation shall be specifically defined in the
official County Zoning Atlas as to the land boundaries of
those uses.
4) Commercial centers within all nodes shall have 4.5 square
feet of land area to every one (1) square foot of building
space whenever possible.
5) Certain parcels of land which do not conform to the
policies for nodal development, but can be demonstrated to
be suitable for commercial or industrial development and
otherwise meet the performance standards described in this
element, may receive consideration by the Board of County
Commissioners for commercial or industrial zoning
classification.
6) If a parcel of land is of a size so that when developed
the maximum area of a node would be exceeded, approval to
develop this property may be granted by the Board of County
Commissioners at its discretion.
7) All nodes are designed to allow for flexability when deter-
mining which uses are permitted.
8�--aPP�ap�,�a�®-aee�ag-will-be-eetal�lisi�ed-for-nc�da�-areas-
j based-exi-d®�s�d-f®�-eex�te�eia�-a�te�f er-ir�dt�strza�-rases-and
tine-prexrmrtp-af-a-particular-g5�rcel-ol-Ian3-to tfie-center
of -$-node.
CODING: Words int -r -tri- type are deletions from
existing law; words underlined are additions.
SEP 12 1984 (3) BOOK 58 Fr;E 26?
BOOK 58 F'�U' �P
SEP 12 1984
8) Boundaries will be established for each node encompassing
one hundred percent (1000) of the acreage allocated to the
t
node. Boundaries for each node will be reviewed for recom-
mendation by the Planning and Zoning Commission after a
public hearing and will be adopted by the Board of County
Commissioners after a public hearing. Notice of these
public hearings shall be by published notice only.
9) After boundaries are established for a node, the County
will administratively rezone the land within the boundary
to the appropriate commercial or industrial zoning district
and will rezone property outside of the boundary to the
appropriate residential zoning district. Once adopted, no
rezoning shall be granted nor development order issued for
commercial or industrial development of land located out-
side of the boundary of the node, except as may be provided
elsewhere by the Comprehensive Plan.
SECTION -2
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 12th day of Sentenb r
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
DON � SCURL'OCK, JR.
Chairman
CODING: Words in s_tr4ick_�hroughtype are deletions from
existing law; words underlined are additions.
Acknowledgment of the Department of State of the State of
Florida this 17th day of September , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 21st day of September , 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, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
, County
RESOLUTION RECOGNIZING OLD WINTER BEACH ROAD AS SCENIC AND
HISTORIC TRAIL
Assistant County Attorney James Wilson briefly reviewed
the background of Old Winter Beach Road. In 1962 the County
relinquished to the Town of Indian River Shores the
maintenance and supervision of all County roads situated
with the boundaries of the town. Recently, some concern has
arisen about Old Winter Beach Road, and a resolution has
been prepared asking that the Town of Indian River Shores
resolve to keep the road open and accessible to the public
and that the town adopt a resolution recognizing the
historical importance of the Old Winter Beach Road and the
Bridgehead Property. He believed there were some people in
attendance who also wished to speak on this matter.
Commissioner Bird asked if we had any indication from
Indian River Shores that they are agreeable to this, and
Attorney Brandenburg explained that this resolution is more
than a request; it is a statement that the County owns the
road and intends to maintain, control or supervise the road
if the Town of Indian River Shores should ever decide not to
do so.
Administrator Wright stated that in his conversations
with Town Manager Joe Dorsky, it appears the Town of Indian
30
SEP 12 1984 soe� 58 F,: CE 264
SEP 12
1984
Boor 58
River Shores
recognizes this and it is nothing contrary
to
what they are doing.
Commissioner Bird hoped that we could get some positive
reaction from Indian River Shores.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the Board
adopt Resolution 84-62, asking the Town of Indian
River Shores to adopt a resolution recognizing
Old Winter Beach.Road and the Bridgehead Property
as a Scenic and Historical Trail.
Under discussion, Commissioner Bowman suggested some
changes in the format of the last BE IT FURTHER RESOLVED
paragraph to make the resolution more readable. Attorney
Brandenburg stated that those changes would be made.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
31
RESOLUTION NO. 84-62
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, recognizes that the Old Winter Beach Road
and Bridgehead Property located on the Barrier Island has been
declared a scenic and historic trail from A -1-A to the river; and
WHEREAS, Indian River County is the owner of the Old
Winter Beach Road and Bridgehead Property; and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, on August 7, 1962, adopted resolution
62-51 relinquishing the maintenance and supervision of all County
roads situated within the boundaries of the Town of Indian River
.Shores to the Town of Indian River Shores; and
WHEREAS, the Town Council of the Town of Indian River
Shores on August 24, 1962, formally accepted the control,
maintenance and supervision of all county roads situated within
the boundaries of the Town of Indian River Shores; and
WHEREAS, the Winter Beach Road and Bridgehead Property
are County owned roads and right-of-way is situated within the
rboundaries of the Town of Indian River Shores; and
WHEREAS, the citizens of Indian River County have
expressed concern that the Town of Indian River Shores may have
the power to close, abandon, or give away to private interests the
Old Winter Beach Road and Bridgehead Property;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows that:
1. It is in the historical interest of Indian River
County that the Old Winter Beach Road and Bridgehead Property
remain open and accessible to the public.
BE IT FURTHER RESOLVED, that the Board of County
Commissioners hereby requests that the Town Council of the Town of
Indian River Shores adopt a resolution:
1. Recognizing the historical importance of the Old
Winter Beach Road and Bridgehead Property;
2. Affirming that the Old Winter Beach Road and
Bridgehead property will remain open to the public;
SEP 12 1980V -1 BOOK F,E 266
L-
SEP 1219U
Boor 58
3. Acknowledging that the Town of Indian River Shores
has no right to abandon or convey the Old Winter Beach Road and
Bridgehead Property to any other party by deed; and
4. Stating whether the Town of Indian River Shores
desires to continue to control, maintain and supervise the Old
Winter Beach Road and Bridgehead Property.
BE IT FURTHER RESOLVED that Indian River County agrees
to maintain, control and supervise the Old Winter Beach Road and
Bridgehead Property in the event the Town of Indian River Shores
decides not to continue to maintain, control or supervise the Old
Winter Beach.Road and Bridgehead Property.
Said Resolution shall become effective as of the 12th
day of September , 1984.
The foregoing resolution was offered by Commissioner Lyons
who moved its adoption. The motion was seconded by
lkCommissioner Bowman and, upon being put to a vote, the vote
was as follows:
Chairman Don C. Scurlock, Jr. Ave
Vice -Chairman Patrick B. Lyons Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 12th day of September , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By C'
DON C. SCORLO , JR.
4
Chairman
Attest:
FREDA , WRIGHT� , Gd
Clerk
M M
JREQUEST FOR GREENBRIAR ST. LIGHTING DISTRICT
The Board reviewed the following letter dated 8/16/84:
1855 78th Court
Vero Beach FL 32960
August 16, 1984
Board ofCounty Commissioners
County Commission Office
1840 25th Street
Sirs:
Recently a petition for a lighting district to be established
in the Greenbriar Development located at 78th and 79th Ave. and
Rt. 60 was submitted to you.
Since we are a small community I understand that tae must request
a hearing before the County Commission.
We are therefore requesting a hearing and that I be notified of
the time of the hearing so that I may attend and represent the
Greenbriar cotmunity. Please advise. I may be reached at the
above address or by calling 567-5653• Thank you.
Very truly; l
William R. Quillen
OMB Director Jeff Barton reported that the residents of
Greenbriar approached his office asking that a street
lighting district be established. It is staff's position
that the small size of the district and the costs involved
might be prohibitive to forming a lighting district. He and
Public Works Director Jim Davis have determined that a
minimum of 15 street lights were required in order to cover
the costs and time of all the people involved and to make it
a viable entity. This district would take about 9 lights,
but the residents thought that only 4-6 lights would be
appropriate.
Chairman Scurlock asked if consideration had been given
to combining Greenbriar Subdivision with Westgate
Subdivision, which is on the north side of S.R. 60, and
possibly coming up with 15 lights.
34
BOOK 58 F':GE 268
SEP 12 1984
Boor. 58 969, .
Director Barton that the problem with that alternative
was that electricity for the north side of S.R. 60 comes out
of Sebastian Florida Power & Light and the south side comes
out of Ft. Pierce Florida Power & Light. Chairman Scurlock
thought that could be worked out.
William R. Quillen thanked the Commission for hearing
this issue. He explained that Greenbriar Subdivision has
three streets -- 78th Avenue, 78th Court and 79th Avenue;
and at present there is only one light in the middle of the
community, for which ten residents voluntarily pay a total
of $98 a year. Mr. Quillen reported that there have been
many break-ins in the community and with the rise in crime,
many of these people, who are almost totally helpless, are
afraid to take walks at night. They are asking for lights
throughout their community, and it has been estimated that 9
lights would give them sufficient illumination. Their
single light costs them $98 a year and if that figure is
multiplied by 9 lights, it comes out to $1.60 per light per
year per property owner.
Director Barton pointed out that $98 was just the cost
of the electricity; there are also the costs of collection,
the costs of the required legal advertising, the fees paid
to the Property Appraiser and Tax Collector, and the 4%
discount on the individual bills, all of which boost the
price of the district higher and higher. In addition, when
Florida Power and Light comes in with a rate increase, it
must be advertised in the newspaper and that cost is
approximately $300 for a 1/4 page ad.
Chairman Scurlock and Commissioner Lyons wanted to know
just how much it would cost per parcel to have lighting
district, and Administrator Wright advised that they are
talking about $120 a light times 9 lights divided by
approximately 59 residents which would come to roughly $20 a
resident per year.
35
M
Chairman Scurlock then asked Mr. Quillen if the
residents would be willing to pay approximately $20 a year
per parcel and Mr. Quillen thought that they would.
Commissioner Lyons still thought we should establish a
master street lighting district, but Director Barton felt
that it was impossible. He explained that when the
Commission previously asked staff to go and research this
matter, they had run into a nightmare of operational
problems, with a different levying process for each area.
Chairman Scurlock believed that if these people were
willing to pay $20 or year or so, we should find a way to do
it, but if it comes out that it would cost $37 a year and
the residents decided they could not handle it, then it
would be their decision.
- Mr. Quillen requested an evaluation report which they
could present to all the residents so they could decide to
go ahead or not.
Commissioner Wodtke thought that at some point we were
going to have to make a decision as to how much of staff's
time we are going to allow to be spent on these districts
because it takes the same amount of time to establish a
5 -pole district as it does a 15 -pole district.
Administrator Wright noted that they have received a
request for a one -light taxing district over on the beach.
Attorney Brandenburg asked if they had a homeowners
association, and Mr. Quillen stated they did not.
,Commissioner Wodtke pointed out that a homeowners
association would not help because Florida Power & Light
wanted the County to guarantee payment of the bills.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bird, that the
1
Board authorize staff to take the necessary
action to prepare the figures to enable the
36
SEP 12 1984 BOOK 58 FAGS 270
ROCK 58 PAGE271 , t
residents of Greenbriar to make a determination
on whether they want the establishment of a
street lighting taxing district.
Chairman Scurlock mentioned again the possibility of
the subdivision across the street being combined with
Greenbriar to form a district with a minimum of 15 lights..
Discussion followed regarding the required percentage
of residents needed to sign the petition, and it was under-
stood that a simple majority was all that was needed.
THE CHAIRMAN CALLED'FOR THE QUESTION.
The Motion was voted on and carried unanimously.
Administrator Wright requested Director Barton and
Director Davis to keep track of the time that goes into the
cost research on this matter.
PUBLIC HEARING - RESOLUTION REQUIRING UNIFORM ANNUAL REPORT
� FOR COUNTY WATER AND SEWER FRANCHISES
The hour of 10:45 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of Publi-
cation attached, to wit:
37
I
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River Count Florida NOTICE OF PUBLIC HEARING
y� ...•✓The Indian River county Board of County
Ccmmleslonem will hear fire fellowMg resolution
on September 12, 1884, at 10:45 a.m., in thefr
COUNTY OF INDIAN RIVER: STATE OF FLORIDA Chambers located at 1840 25th Street, vera
Beach. Florida.
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath RESOLUTION NO: —
says that he is Business Manager of the Vero Beach Press•Journal, a daily newspaper published WHEREAS there worsts a need for a uniform
at Vero Beach in Indian River County, Florida that the attached copy of advertisement, being men== accouo thng eCourtly �� accurately
T/i n at
the County water and sewer franchises.
a _ Z• G'�Gf/ ' NOW THEREFORE BE RESOLVED. that the
attached accounting forma are approved and all
water and sewer frank holders within Indian
RNar Courcy are required to submit such forma.
in the matter o %L accurate and tbmPiete, to the Franchise Depart.
men, Utility Services Dhiision, within ninrety (!�)
days rodowMg tine dose of each frsnohise•s Bt
14—WWirNEss WHEREOF, Me Board of County
Commiesiarrers of IrMien River County. Florida,
has caused this resolution to be executed In the
name of the County of Indian River by the Chair.
in the Court, was pub• man of the Board of County commissioners, and
Its seal to be affixed and attested by its Clerk, all
ij pursuant to the resolution of the Board of
lished in said newspaper in the issues of r i Ca+niir Commiaeionwa adopted on the — day
of --.1984.
Cyounnty of Indian Rim .
D Chefrman. Scurlock Jr.
AW of Couniy Commleslorvers .
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Clark
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore Signed• senied and delivered
been continuously published in said Indian River County Florida, each daily and has been in the presence ot ,
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'All nterested parties ares to attend arra
advertisement: and affiant further says that he has neither paid nor promised any person, firm will be given an opportunity to be heard at that
or corporation any discount, rebate, commission or refund for the purpose of securing this time. it any Person decides toappeal any dect.
advertisement for publication in the said newspaper. Sion made on the above matters• he/she may
need to ensure that a verbatim recon of the pro•
eeedmgs B made, which record includes the
Sworn to and subs ' d fore t s _ c� dayo 19 tesdmany on which the appeal is based. _
!!k A
I. Aug. 29, Sept. 5.1884.
I iness Manager)
(Clerk of the Circuit Court, I an River County. Florida) I � f -a •� � u .�.i
(SEAL)
�J L�
-----------------------
Utilities Director Terry Pinto presented staff's
recommendation that a uniform annual report be required for
County water and sewer franchises and noted that the
proposed report form was made up from the best of all the
accounting forms they could obtain.
Director Pinto next advised that they are going to be
coming back to the Board with a request that some of the
smaller franchises, such as Roseland Shopping Center, be
deregulated.
Commissioner Lyons thought that this resolution would
automatically eliminate Breezy Village from getting a rate
increase, but Director Pinto thought that this would
probably add to the cost of their accounting and they would
need a rate increase.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
none.
W
There were
BOOK 58 F'`u 272
SEP 12 1984 Boos 58 P,+cc 273
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously closed the Public Hearing.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bird, that the Board
adopt Resolution 84-63, requiring all County
water and sewer franchises to file a uniform
annual report within ninety days following the
close of each franchise's fiscal year.
Under discussion, Commissioner Bird asked if a detailed
report would be required from the smaller franchises such as
Angler's Cove and Assistant Utilities Director Joe Baird
advised that the Utilities Dept. will assist the small
franchises.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
SAMPLE ANNUAL REPORT FORM IS ON FILE IN THE OFFICE OF THE
CLERK.
39
I
RESOLUTION NO. 84-63
WHEREAS there exists a need for a uniform reporting system so the
County can accurately review the accounting and financial position
of the County water and sewer franchises
NOW THEREFORE BE RESOLVED, that the attached accounting forms are
approved and all water and sewer franchise holders within Indian
River County are required to submit such forms, accurate and complete,
to the Franchise Department, Utility Services Division, within
ninety (90) days following the close of each franchise's fiscal year.
IN WITNESS WHEREOF, the Board of County Commissioners of Indian
River County, Florida has caused this resolution to be executed in
the name of the County of Indian River by the Chairman of the Board
of County Commissioners, and its seal to be affixed and attested by
its Clerk, all pursuant to the resolution of the Board of County
Commissioners adopted on the 12th day of Sentember , 1984.
Signed, sealed and delivered
in the presence of:
.t>C�
INJ
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
:yfM.
Brandenbu
Attorney
f
COUNTY OF INDIAN RIVER
B y : ..rte C
Don C. Scur ock, Jr
Chairman
Board of County Commissioners
Attest: L2 JZ24--�,�
Clerk.
/>o �. .� C
j
BOOPAGE A& E 4
K
A
I
SEP 12
1994
BOOK
59,
)WAIVER OF PERFORMANCE AWARDS ON CONTRACTS
IN RE
TO FOURTH
rnTTDTDnnM r
Attorney Brandenburg requested the addition of this
matter to today's Agenda in order to obtain the Board's
permission to waive the performance bonds required in the
contracts with Audio House and Rebecca Starr Design, Inc.
for the fourth courtroom.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
added the above item to today's Agenda.
Attorney Brandenburg explained that one contract is
with Audio House for $18,000 for supplying the amplifiers,
etc., and the other is with Rebecca Starr Design, Inc. for
$60,000 for interior design. Both of these bids were made
with the proviso that a performance bond would not be
required, and in the event the Commission does not waive the
bonds, the bids would have to be relet or renegotiated. If
the items are not received and installed to our
satisfaction, the County simply will not pay the bill.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
waived the performance bonds required from Audio
House and Rebecca Starr Design, Inc. in the
contracts awarded for the fourth courtroom.
,DISCUSSION RE BEACH RESTORATION AND PRESERVATION
The Board reviewed the following letter dated 8/28/84:
41
/
"AWARE AND,CONCERNED TAXPAYERS" INC.'
•YINDIAN RIVER COUNTY, FLA.
3 POST OFFICE BOX "K'; VERO BEACH, FLA,
. john Seramur, President
Alice Yarick, Secretary
• ~`' r ��'ca~•-^' "' ''� Beulah Law, Director
• Y; r=' ;✓` Bill Stegkemper, Director
�•� �-- Frank L. Zorc, Director
(Phone 305-567-1314,V J.Tla.)
August 28, 1984
Board of County Commissioners
1840 25th. Street.
Vero Beach, Florida, 32960
ATTN: Secretary Liz Forlani
Dear Mrs. Forlani
DISTRIBUTION LIST
Commissioners .
Administratory
Attorney �—
Personnel
Public Works
Community Dev.
Utilities
Finance
Other --
The directors of "ACT" at a meeting today voted to request being
placed on the County Commission Agenda of September 12th. 1984 --
for the purpose of discussing the counties position and or
committment regarding Beach Restoration, Please mail us a return
r
memo confirming that we are on that agenda. Thank you!
•
Sincerely,• ���' ✓
Fin L. Zorc, .d- lector
Frank Zorc, speaking on behalf of Aware and Concerned
Taxpayers, Inc. explained that ACT members are looking for
assurance that their understanding is correct that the
majority of this Commission has not committed any County tax
dollars to pumping sand on the beaches in the County. They
are here to request that a question be put on the November
ballot asking whether or not people support spending tax
dollars for beach renourishment, and they are requesting
that no tax money be committed before the Commission
receives the results of a referendum, as millions of dollars
42
SEP 12 1994
BUOK 58 PAGE 276
BOOK 58 P-Ar,F 2`17
are at stake. For the consideration of the Commission, Mr.
Zorc presented the results of a newspaper poll conducted by
ACT. He pointed out that the poll was handled by mail and
every ballot received meant that someone took the time to
clip it out of the newspaper, stamp it and mail it back.
The results of the poll are as follows:
1st Question:
I do support spending City, County and
Federal tax dollars to pump sand to
restore beaches.
Results:
Out of 100 ballots received, only one
answered
if
2nd Question:
I do not support the above.
Results:
98% stated they did not support it.
3rd Question:
Please request the County to include a
referendum question on the November
ballot asking if we favor spending any
tax dollars to pump sand.
Results:
98% voted that they wanted the
referendum.
4th Question:
Please ask the County to print pro and
con statements in the local paper from
_
those supporting and those opposing sand
pumping for beach renourishment.
Results:
60% voted for the above.
As a result of the poll, ACT members are formally
requesting that a referendum be held in November.
Mr. Carroll Palmer thanked the Commission for this
opportunity to present the Taxpayers Association's request
that a referendum be held in November. He recalled that
although a referendum on the beach renourishment issue has
been repeatedly promised to the County voters, it never has
been held, and the Taxpayers Association feels that now is
the time for the Commission to get an official indication of
how the taxpayers feel in re to this matter. Mr. Palmer
stressed that the cost would be minimal if the referendum is
on the November ballot. He noted that it has been argued
that the beach renourishment question is not a proper
referendum matter, and activists for the beach renourishment
project have alledged that the voters are not qualified to
vote on this issue. However, just a couple of years ago,
the voters tackled the issue of an $8 -million school bond
43
issue and he believed that they are qualified to act on this
issue also. Mr. Carroll believed there would be ample time
to inform the voters on the pros and cons of the issue
before November.
Commissioner Wodtke wanted to be sure that he under-
stood this Commission's position on this matter of beach
renourishment. He believed that the Commission has
officially advised the agencies that we are supportive of
the project and that the City is also supportive; that we
are not going to have a referendum vote on this matter; and
that, basically, we asked them to proceed to do the
engineering.
Chairman Scurlock explained his understanding which is
that we were informed by Congressman Nelson that if we were
going to require a referendum in November, he then would not
submit for consideration the monies necessary to continue
this study, which seems to be around $171,000. Based on
that fact, the Chairman felt that we needed to go ahead -and
do that portion because he thought the issue was a
considerable one for Indian River County and even more so
for the City of Vero Beach. However, when we start to talk
about a figure somewhere between 30-50 million dollars, he
felt that would be significant enough to take to the voters.
Although he did feel that the Board made a commitment to
Congressman Nelson that we would not conduct a referendum on
this phase of the project, Chairman Scurlock felt this does
not necessarily preclude a straw ballot on the issue or a
referendum sometime in the future when we have a clearer
idea of what the project will cost.
Commissioner Wodtke clarified that, in essence, we have
said that we are acting as a local sponsor in conjunction
with the City of Vero Beach for the initial phase of the
project.
44
SEP 12 19BOOK 58 FACE? 1
_ J
SEP 12 1984 BOOK 58 FAr,F?7,9
Commissioner Lyons asked if we had, indeed, made a
commitment on this project, and Chairman Scurlock stated
that we have not.
Commissioner Lyons did not quite understand where we
stand on this project or where the federal government stands
on this issue. He pointed out that the bill just recently
signed by the President provides the Corps of Engineers with
a supplemental appropriation for the purpose of beach
renourishment studies and does not actually mean that the
Corps will decide to study our beaches. It is their
decision to make.
Chairman Scurlock stated that his personal feeling is
that we gave a commitment, at this point, to Congressman
Nelson, but he did not particularly like being put in the
position of being told by anyone to agree not to go to the
people in order to gain support for something. He had voted
to go along with it because he wanted to keep it in -the
hopper, so to speak, which is what we have been doing for
the last 2-3 years. He did not understand the fear of
having some sort of a straw ballot on the November election,
but he stated he is not in favor of having a binding
referendum at this time.
Commissioner Lyons wanted to see the minutes of the
meeting where it was decided to go with the 60/40% split, as
he did not remember saying that a referendum could not be
held, and he also didn't remember agreeing that this issue
could not ever be rethought by the Commission or the people.
Chairman Scurlock reiterated that Congressman Nelson
had told him over the phone that if we pursued a referendum
this November, he would withdraw support from this
particular submission. Congressman Nelson's position,
however, is that he supports local determination of the
issue, so let's go ahead and have a straw ballot so we can
see what the taxpayers want.
45
M M -
Attorney Brandenburg presented the minutes of the
meeting of June 6, 1984:
Chairman Scurlock stated that it was his understanding
then that Commissioner Wodtke would not have any opposition
to a motion that would authorize the recommended funding
formula for the first phase and authorize us to communicate
to the appropriate agencies that this is on coo with the
county without a referendum, but with us requiring from the
city a non-discriminatory use of the beach and holding the
possibility of going to the people on the 2nd, 3rd, 4th
phases, etc., as an open question that we would resolve at
that time.
Commissioner Wodtke pointed out that the state would
require that the beach be open to the public in general. He
discussed having forums to explain this to the public, and
noted that the City still will have to.determine how they
will raise their monies.
Chairman Scurlock noted that Councilman Gregg aid
indicate some interest in looking into some special benefit
assessment.
MOTION WAS MADE by Commissioner Wodtke,
SECONDED by Commissioner Bird, -to approve the
recommendation of the Beach Restoration and
Preservation Committee for a split of 60% from
the County and 40% from the City of Vero Beach
for the local share of the proposed beach
restoration project; to notify our representa-
tives in Washington that we are continuing
endorsement of the project and it will be com-
pleted and it is not subject to a referendum; and
it is with the assurance that the sponsor is not
46
SEP 12 1984 Boor F"i Gr'`o
SEP 12 9954
BOOK 58 PnF 2'J1
3
obligated and has the option at any future date
to discontinue the program after the initial
project, with the understanding that the beaches
will be available to the city and county residents
on a non-discriminatory basis.
Commissioner Wodtke noted that we could have a
referendum to spend gasoline tax dollars to improve the road
in front of Frank Zorc's house or business, but this
Commission is elected to make decisions, not to go to
referendum on every little item that comes up. He recalled
that we had a straw ballot a few years ago and the people of
this County responded that they were in favor of spending
dollars for recreational needs and facilities. Commissioner
Wodtke stated he is trying to determine whether we are
trying to say that we are going to kill this project. It is
very evident that Mr. Zorc and others have been totally
opposed to the project from the very beginning and he
wondered if we are going to let an individual or one group
come in and put an end to the project. In fact,
Commissioner Wodtke thought there are a lot of issues that
must be considered, including the Sebastian project and the
ultimate results of what is going to happen to the beaches.
For the last 7-8 years we have had public hearing after
public hearing on the issue; we are going to have other
opportunities for the people to be heard; and he believed it
is the Board's responsibility to face these issues as the
City Council does, and make these decisions.
Chairman Scurlock did not have a problem with that as
he has been told consistently, as a County Commissioner and
47
as a City Councilman, that unless we continued step by step,
we can't keep things in the hopper, but he still thought
that does not give us an overall total commitment to the
long-range project. When the results of the study are in,
we will have to make the decision of what dollar figure will
be applied to the 60/40% split, and at that time he thought
that a decision must be made by the City and the County on
whether or not we can afford it, and how we will afford it.
Commissioner Bird understood that the engineering study
was going to be completed as part of the $171,000, and then
when that study was done and more accurate costs were
supplied, we then could determine what the County's share
would be, and at that point, make the hard and final
decision as to whether or not we were going to spend those
funds locally to continue with the project. If we don't,
then obviously the project will die because the federal
government is not going to do it for us.
Chairman Scurlock noted that it is possible the -Corps
of Engineers might exhaust the funds specifically approved
for beach renourishment studies.
Commissioner Bird felt that the public might react
negatively to this issue on a straw ballot without having
more detailed information.
Chairman Scurlock asked Frank Zorc if he would be
satisfied with making a decision to hold a straw ballot
after the figures are received, and Mr. Zorc thought that
the results from a straw ballot in November would be
helpful, but perhaps there should be a decision made to have
a referendum after the study is done and the figures are in.
Vero Beach City Councilman Gary Parris reported that
the City had voted 4-1 endorsing the program with the
understanding that we would have a funding program with the
County and that we would go ahead with the program and have
an opportunity to see how it works. He realized Chairman
48
SEP, 194 800K `AGF
J
SEP 12 1984
BOOK PAGE
Scurlock was concerned that we would be committed for 30
years and also as to the result if we had a major storm that
blew away the beaches. What he would like to do is to show
a chart prepared by George Gross setting out the several
steps that must be taken before this actually becomes a
project. He thought that it was unfair to the public to
have a straw ballot before they even had an opportunity to
review the figures, and, therefore, he is asking that the
Commission fulfill their obligation as stated previously and
endorse this project.
Chairman Scurlock repeated that Congressman Nelson was
putting pressure on both the City Council and the County
Board of Commissioners.
Councilman Parris was under the impression that the
Commission had endorsed this program.
_. Chairman Scurlock explained again that he has been told
for 7 years, before making another decision, that this was
needed to keep it "in the hopper".
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the Board
authorize a straw ballot for the November
election, that the Board indicate the split that
we have set up for the financing, and that
approximate figures for the beach
renourishment program be given and that
they ask the public whether or not they approve of
the arrangement; Secondly, that the Board
authorize a full page newspaper advertisement with
appropriate white space provided for the public
to comment on whether or not they support the
project.
49
� � r
M
Under discussion, Commissioner Lyons felt that this
doesn't do any harm to Congressman Nelson or anyone else, as
we don't know if the money has been allocated or ever will
be. Assuming that the ballot comes out that people are in
favor of the project, fine, things will go on as planned.
If it comes out that people do not want it done and do not
want to pay for it the way it has been set up, then he is
not in favor of voting for a project that they do not want.
Commissioner Wodtke pointed out that we are -already on
record as saying that we will proceed with the first phase
without a referendum.
Commissioner Lyons stated he would go with what the
referendum tells us.
Commissioner Wodtke urged the Board to think of the
alternatives. Are we going to address our problem of beach
erosion? We have been in the process for 7 years and we
need to stay with it or go with something else such as
pumping sand, sea walls, structural.improvements, or just
let the project fall. The condos might end up being the
bulkheads.
Commissioner Lyons thought that there were good
arguments on both sides and he hoped those arguments would
be fairly presented before holding a referendum. He
believed that the beaches eventually are going to disappear
as we are fighting a losing battle as far as sea level
changes are concerned.
Commissioner Bird was concerned that the reaction in
Washington might be to put this on the back burner when they
hear that we are going to have a straw ballot on this issue.
He thought that in fairness to Congressman Nelson it should
be noted that he had a deadline to meet to submit this
project for funding, and he did not want to be pushing for
the funding if he did not feel that he had the support of
the County and the City.
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SEP 19R4 BOOK U) g F 4
SEP 12 1984 Booz ;8 P,�r,F295
Discussion continued wherein it was pointed out that
Miami had restored their beaches with sand pumping as well
as Cocoa Beach. George Gross referred to his chart and
emphasized that we are not talking about a $20-50 million
project; right now what we are talking about is $3.6
million or possibly up to $5 million, of which the local
portion would be $650,000, and the only agreement is that
the County would be responsible for 600 of the total cost
for the Vero Beach project. If any of the steps stop, we
not only lose the Vero Beach project, but we also lose the
Sebastian project which is piggybacked on the Vero Beach
project.
Tom Eagan pointed out that the figures given by Mr.
Gross are not current figures, they are figures from 1979.
Councilman Parris requested that if the Commission does
decide to have the referendum that the question of financing
beach renourishment not be phrased just to ask if they want
to pump sand. That way we wouldn't be closing the door all
the way.
Commissioner Bowman thought that we would have a better
chance of getting approval if we presented real figures to
the taxpayer at the time of a straw ballot.
Frank Zorc stated that they were not opposed to the
- promise of a straw ballot at a later time when more figures
are available. He pointed out the costs involved in having
a straw ballot in a separate election.
Chairman Scurlock stated his preference would be to
conduct a straw ballot on another scheduled election.
Commissioner Wodtke wanted his position made clear that
his understanding is that the $171,000 are the dollars
needed by the Army Corps of Engineers to go to bid, to
contract, and to permit, and it is the first phase; it is
not research money to get to that place.
51
Commissioner Bowman asked if anyone asked the Corps of
Engineers what that $171,000 entails and Frank Zorc believed
that it only covered the cost of the engineering study.
Mr. Palmer asked the Commissioners to bite the bullet
on this issue; educate the public and put it on the ballot;
and let the voters have the opportunity to express their
feelings on this issue. He felt that having a shorter
timeframe would actually result in the public becoming
concentrated on the issue.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and failed by a vote of
3-2 with Commissioners Bird, Scurlock and Wodtke
voting in dissention.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Lyons, the Board by a vote of 4-1,
Commissioner Wodtke dissenting, voted to conduct
a straw ballot after the firm figures are back
from the Corps of Engineers and schedule the straw
ballot for a regularly scheduled election.
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. 11963 - 12532 inclusive. Such
bills and accounts being on file in the Office of the Clerk
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.
DOCUMENT TO BE MADE PART OF THE RECORD - PROCLAMATION
52
SEP 12 1984 noF
SEP 12 1954 - eoox 58 FA1,;r287
P R O C L A M A T I O N
WHEREAS, JERRY R. COOK, JR., Senior Veterans Service Officer
for Indian River County, Florida, will retire from that office as
of the 6th Day of September, 1984; and
WHEREAS, JERRY R. COOK, JR. has earned the reputation of
being completely dedicated to the best interests of the Veterans,
their dependents, and/or heirs through his patient understanding,
expertise, and devotion to his job; and
WHEREAS, JERRY R. COOK, JR. has served the people of this
State and this County in obtaining available benefits through
unwavering perseverance and diligence by working with Regional
and National levels of the Veterans Administration; and
WHEREAS, JERRY R. COOK, JR.'s vast knowledge of the laws and
rules of Veterans legislation has been readily and unselfishly
imparted through the Indian River County Veterans Service Office;
and
WHEREAS, JERRY R. COOK, JR. has proven by his actions that
his entire life has been dedicated to his fellowman, and
specifically the Veterans of this great nation's wars; and whose
expertise will be sorely missed by all Indian River County
Veterans and their families;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board, on
behalf of itself and the citizens of Indian River County, gives
thanks to JERRY R. COOK, JR. for his effective and dedicated
service to the Veterans of Indian River County; and
BE IT FURTHER PROCLAIMED THAT THE BOARD wishes JERRY R.
COOK, JR. success and happiness in his future endeavors.
ATTEST:
Freda Wright, Vlefk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Don .'Scur ock, Jr., airman
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 12:40 o'clock
P.M.
Attest:
Clerk Chairman
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