HomeMy WebLinkAbout10/24/1984� � r
Wednesday, October 24, 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, October 24,
1984, at 9:00 o'clock A.M. Present were Patrick B. Lyons, Vice
Chairman; William C. Wodtke, Jr., Margaret C. Bowman, and Richard
N. Bird. Chairman Scurlock was out of the County on County
business. Also present were Michael J. Wright, County Administrator;
Chris Paull, Assistant Attorney to the Board of County Commissioners;
L.S. "Tommy" Thomas, Intergovernmental Relations Director; and
Barbara Bonnah, Deputy Clerk.
Vice Chairman Lyons called the meeting to order.
Reverend Robert Dickinson, Asbury Methodist Church, gave the
invocation and Administrator Wright led the Pledge of Allegiance
to the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested the addition to today's
Agenda of a discussion re sewage disposal problems at Blue
Cypress Lake.
Assistant County Attorney Chris Paull requested the addition
of two items:
1) Consideration of exercise our options on four different sites
for the west County sewage treatment plant.
2) Authorization for Solin & Associates to do the last two
phases of the Zoning Code.
Commissioner Lyons requested a brief discussion re the
possible harmful effect to the Indian River by the building of
new marinas, piers, etc.
OCT 241984
J
rr,-
OCT 24 1994
11 -7
BOOK 58 FA,E 704
ON MOTION by Commissioner Bowman, SECONDED
by Commissioner Wodtke, the Board unanimously,
(4-0, Chairman Scurlock being absent) added the above
items to today's Agenda.
APPROVAL OF MINUTES
Vice Chairman Lyons asked if there were any additions or
corrections to the Minutes of the Regular Meeting of September
19, 1984. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously,
(4-0, Chairman Scurlock being absent) approved
the Minutes of the Regular Meeting of 9/19/84,
as written.
Vice Chairman Lyons asked if there were any additions or
corrections to the Minutes of the Special Meeting of September
26, 1984. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously,
(4-0, Chairman Scurlock being absent) approved
the Minutes of the Regular Meeting of 9/26/84,
as written.
CONSENT AGENDA
Commissioner Wodtke removed Item B from the Consent Agenda
for discussion.
A. Report
Received and placed on file in the Office of the Clerk:
Annual Reports for Fiscal Year Ending 9/30/84 for:
Freda Wright, Clerk of the Circuit Court
R. T. "Tim" Dobeck, Sheriff
David C. Nolte, Property Appraiser
Gene E. Morris, Tax Collector
2
B. IRC Bid #222 - (1) Single Man Aerial Lift
The Board reviewed the following memo dated 10/8/84:
TO: Board of County Commissioners DATE: October 8, 1984 FILE:
i
THRU: Michael Wright SUBJECT: IRC BID #222 - (1) Single Man
County Administrator Aerial Lift
FROM: ��u �,� ���'�,REFERENCES:
Carolyn(600drich, Manager
Purchas'hg Department
1. Description and Conditions
Bids were received October 1, 1984 at 11:00 A.M. for IRC #222 - (1) Single
Man Aerial Lift for the Traffic Engineering Department.
20 Bid Proposals were sent out. Of the 6 Proposals received, 2 were No Bids".
2. Alternatives and Analysis
The low bid for the single man aerial lift was submitted by Hobbs Equipment Co.,
West Palm Beach, F1. in the amount of $14,995.00. The bid meets all specifications.
Adding the optional Hammer drill and chain saw would put the total over the
$15,000.00 budgeted.
3. Recommendation and Funding
It is recommended that IRC #222 be awarded to the low bidder, Hobbs Equipment, for
the aerial lift without options.
Delivery 60 - 75 days after receipt of Purchase Order.
There is $15,000.00 budgeted in Account #111-245-541-66-42.
Commissioner Wodtke noticed that there is only a $355
difference in the bids received from the Sebastian firm and the
West Palm Beach firm.
Administrator Wright advised that was taken into
consideration, but the West Palm Beach firm was the lowest
bidder, but Traffic Engineer Mike Orr considered the lift from
Hobbs superior to the lift from Sebastian.
3
OCT 24 1984 600K 58 FAucr. "u-5
r . � I
OCT 24 1994 Booz 58 F,kGE 706
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board by a vote of 3-1,
(Commissioner Wodtke dissenting and Chairman Scurlock
being absent) awarded IRC Bid #222, to the low bidder,
Hobbs Equipment Co., in the amount of $14,995, for (1)
single man aerial lift, as recommended by Purchasing
Manager Goodrich.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO. DATE OF OPENING
IRC BID #222 1 Oct. 2, 1984
BID TITLE
ONE SINGLE MAN AERIAL LIFT
i
ITEM DESCRIPTION UNIT PRICE
NO.
o
UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
1. One Single Ma Aerial Lift
1 Each NB
NB
21069 00 16502 00 1535 00 1499 00
2. Tool s, 1/2 In Hammer Drill-
(optional)1 Each
? 776 00 875 00 NB 1987 00
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O h 4�
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ITEM DESCRIPTION UNIT PRICE
NO.
UNIT PRICE
UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
1. One Single Ma Aerial Lift
1 Each NB
NB
21069 00 16502 00 1535 00 1499 00
2. Tool s, 1/2 In Hammer Drill-
(optional)1 Each
? 776 00 875 00 NB 1987 00
0 00 NB 767 00
PROCLAMATION - ARTS FESTIVAL WEEK
Vice Chairman Lyons read the following proclamation aloud
and presented it to Kenneth Macht, Chairman of the Indian River
Arts Council, who thanked the Board for their cooperation in
helping to make the week a success.
4
7
L
P R O C L A M A T I O N
WHEREAS, The Indian River Arts Council, will
sponsor an ARTS FESTIVAL WEEK; and
WHEREAS, The Indian River Arts Council is a
newly organized not-for-profit corporation consisting
of some twenty cultural groups from this area; and
WHEREAS, The ARTS FESTIVAL WEEK gives Indian
River County recognition as a focal point of culture
and art appreciation all along the east..,coast of
Florida;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
That the week of November 3rd through November 10th,
1984 be designated as
ARTS FESTIVAL WEEK
BE IT FURTHER PROCLAIMED That the Board, on
behalf of itself and the citizens of this County,
expresses appreciation to the Indian River Arts Council
for giving this fine program to our community and urges
the citizens of the County to support the ARTS FESTIVAL
WEEK, both in spirit and financially.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST: p
Freda Wright, ClJerk
5
OCT 2 4 1984
L2 � C
Don C. curlock, Jr ,
Chairman
BOOKParr JU
OCT 24
1994
BOOK
Far,E 708
RECISION
OF FINAL PLAT APPROVAL FOR HIDDEN HAMMOCK SUBDIVISION
The Board reviewed the following memo dated 10/11/84:
TO: The Honorable Members DATE: October 11, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Ro ert M. Keats g, CP
Planning & Development Director
THROUGH Mary Jane V. Goetzfried
Chief, Current Development Section
RECISION OF FINAL PLAT
APPROVAL FOR HIDDEN
HAMMOCK SUBDIVISION
FROM: Clare Z. Poupard, AICP REFERENCES: Hid. Hammock
Staff Planner A&P DIS:CLARE
1-11
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on October 24,:1984.
DESCRIPTION AND CONDITIONS:
Hidden Hammock Subdivision received final plat approval on June
2, 1982. This approval was granted by the Board, subject to
the condition that the applicant post a cash bond in the amount
of $94,770. This bond was to cover the cost of completing the
subdivision's on-site improvements. At the time final plat
approval was granted, none of the required improvements had
been completed.
The County has no record that the required $94,770 bond was
ever posted. For that reason, staff contacted the applicant on
May 15, 1984, informing him that the bond was required. The
applicant was further informed that if the bond was not
submitted, the County would begin the process of invalidating
the final plat. The applicant is unable to provide the County
with the financial surety which is required. But he is
requesting that, if the Board of County Commissioners does
invalidate his final plat, an extension of his preliminary plat
approval be granted. The reason for this request is that the
applicant currently has preliminary plat approval for the
second phase of the subject development. Hidden Hammock Unit
II Subdivision received an extension of preliminary plat
approval which is scheduled to expire on December 1, 1985. The
applicant is requesting that when the Board of County
Commissioners takes formal action nullifying the plat of Hidden
Hammock Unit I they grant an extension of the preliminary plat
until December 1, 1985. This will allow the applicant to
complete both phases of the project at the same time.
ALTERNATIVES -AND ANALYSIS:
When the Board of County Commissioners considers a request for
an extension of preliminary plat approval, they usually grant
one, 18 month, extension. Thus, in cases where an extension is
granted, there is a 36 month development period. The first
phase of Hidden Hammock Subdivision was granted preliminary
approval on March 3, 1982. Therefore, this subdivision has
been in the review process for 31 months. If an extension were
granted until December 1, 1985, the plat will have been in the
review process for 45 months. This is a longer development
period than is normally allowed by the Board.
0
However, there have been some extenuating circumstances in this
case, which the Board of -County Commissioners should consider.
At the time that this plat received final plat approval, the
County did not have a procedure for collecting bond money for
the completion of subdivisions. Therefore, while it is the
developer's responsibility to meet all conditions of plat
approval, the County did not pursue the completion of this
imposed condition. Also, it seems that the applicant did not
have full understanding of his responsibilities in meeting the
condition of his subdivision approval. It was the applicant's
belief that the required bond could be submitted at any time.
The applicant is now aware that before the granting of final
plat approval by the Board of County Commissioners, the
subdivision must be completed, or surety for its completion
submitted to the County.
RECOMMENDATION:
Based on its review of this application, staff recommends that
the Board of County Commissioners take formal action nullifying
the final plat of Hidden Hammock Subdivision, and extending the
development's preliminary plat approval until December 1, 1985.
If the applicant is unable to find funding for, or complete the
project, in this time, the preliminary approval will lapse.
Staff Planner Clare Poupard confirmed that this plat was
never recorded in the public records.
B. T. Cooksey, attorney representing the owner, advised that
no lots have been sold in this subdivision. The problem is that
the bonding was tied into the financing, and since the financing
has not gone through, the bond was not posted. There are
attempts to do that now and when the financing goes through, the
bond will be posted.
Mrs. Poupard explained that prior to 1982 the County did not
have a specific, formal procedure for collecting bonds.
Commissioner Lyons was concerned that we might set a
precedent here and asked if we would lose any control by this
action.
Planning & Development Director Robert Keating believed that
we would, in fact, gain control because the owner would have to
go back to the preliminary plat phase of the project and either
would have to put in the improvements prior to final plat
approval or make arrangements to bond the improvements. The
bonding requirements of the new subdivision ordinance are much
7
BOOK 58 FAGS 709
OCT 2 4 1984
OCT 2 4 1984
BOOK 58 f �:;E 710 -7
more stringent and call for posting 1150 of the engineer's
certified cost estimate for the improvements. Mr.Keating felt
that the present procedures are much more detailed now, and this
type of situation could not occur. Although the owner would be
under the old ordinance, the plan is in conformance with the
Comprehensive Land Use Plan and exceeds the requirements of the
Zoning Code and the subdivision ordinance.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously, (4-0,
Chairman Scurlock being absent) rescinded the
final plat approval for Hidden Hammock Subdivision
and extended the preliminary plat approval to coincide
with Phase II, which will expire in December, 1985; for
the reasons of access to Phase I being through Phase II
and that it would coincide with the complete
development of the property, and would not set a
precedent.
PUBLIC HEARING - BOAN AND COUNTY -INITIATED JOINT REQUEST TO
REZONE 25.12 ACRES FROM AGRICULTURAL AND COMMERCIAL DISTRICT TO
SINGLE-FAMILY DISTRICT - VERO TROPICAL GARDENS
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:
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 z &--�
in the matter of
in the � 1-k1,644)
� y Court, was pub-
lished in said newspaper in the issues of 1- 644)
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before met s IZ day of &&6t)A.D. 19 �—
•
usi ss nager)
d, "-I,—
(Clerk of the Circuit Court, Indian Rivr ounty, Florida)
(SEAL)
NOTICg - Is11BLIC EARING
Notice of hearing initiated by Indian River
County to consider the adopts of a County or-
dinance rezoning land from 1, Commercial
District and A, Agricultural Dis sot, to R-1, Sin-
gle -Family District. The subj property is lo-
cated north of State•. Road• 60 0th Street) and
west of.l-g5. ' r
The subject property Is desc bed as: -
Lots 141 inclusive, Block
Lots 1-14 Inclusive, Block BB
Lots 1-8 inclusive, Block CC
Lots 1-8 Inclusive, Block DD
Lots t-8 Inclusive, Block EE
Lots 1-8 inclusibe; Block FF .
Lots 142 Inclusive, Block 00
Lots 1-9 inclusive, Block HH
Lots 1-7 inclusive, Block II : =
Lots 1-5 inclusive; Block JJ -
Lots 1-5 Inclusive, Block KK
Unnumbered Lot in Block KK
-Lot 1A; and Lots 1-9 inclusive, BI LL
tl ots:la�0 $nclusive and ,Lot 10 _:Block ;
MM
–Lots 1Aand 10A, and Lots 1-10,�ficlu-
issue, Block NN
Lots 1-8 Inclusive Block Oo
Lots 1-9 inclusive, Block Z e
Lots 1-0 Inclusive, Block Y ,
ro .;;..Yero 5 roPical Gardens. Unit 2, flat Book,;
5, Page 84A, now Iying and being'in In- -
dlan River County. Florida "
A public hearing at which pardss in interest
and citizens shall have an opportunity to .be
heard, will be held by the Board of County Com-
missioners of Indian'River County, Florida_ ,.in the
County Commission Chambers .of"the County
Admintatration Building,' located' at :1840„25th
Street, Vero Beach, Florida, on Wednesday, Oct'
ober 24, 19M, at 9:15 a m # ill
If any person decides to appeal any desision
I
on the above matter. he/she will need a
record of the proceedings, and for, such' pur-
poses, he/she may need to ensure theta verba-
tim record of the proceedings. is made, which in-
cludes testimony and evidence upon which the
appeal is based.
+ Indian River County .: Gql A
Board of County Commissioners ;
Chairman C. Scurlock 4r y
Oct 4 16, 1984.
The Board reviewed the following memo dated 9/14/84:
TO: The Honorable Members
of the Board of
County Commissioners
DATE: September 14, 1984 FILE:
DIVISION HEAD CONCURRENCE:
SUBJECT.-
Robert
UBJECT:Robert M. Keatin , A
Planning & Development Director
BOAN & COUNTY -
INITIATED REQUEST TO
REZONE 25.12 ACRES
FROM A, AGRICULTURAL
AND C-1, COMMERCIAL
DISTRICT, TO R-1,
SINGLE-FAMILY DISTRICT
FROM: chard Shearer, AICP REFERENCES:
Chief, Long -Range Planning
Boan ZC
RICH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 24, 1984.
9
OCT 24 1984 B00K 58 P,,U,F 711
OCT 2
4 �g�� BOOK 58 PAGE 712
DESCRIPTION & CONDITIONS
Larry Boan, an agent for the owners of 15 lots, and Indian
River County, are requesting to rezone 25.12 acres including
152 lots of Vero Tropical Gardens subdivision located west of
I-95 and north of State Road 60 from A, Agricultural District,
and C-1, Commercial District, to R-1, Single -Family District
(up to 6.2 units/acre).
The owners are proposing to build houses on these lots.
On September 13, 1984, the Planning. and Zoning Commission
voted 5 -to -0 to recommend approval of this request.
ALTERNATIVES AND ANALYSIS
In this section, an analysis of the existing land use pattern
will be presented as well as a discussion of the future land
uses as established in the land use element of the
Comprehensive Plan.
Existing Land Use Pattern
The subject property is part of an undeveloped platted
subdivision. North of the subject property is undeveloped
land zoned A. East of the subject property is undeveloped
land zoned A and C-1. South of the subject property, across
State Road 60, is undeveloped land zoned C-1 and the Hibiscus
Airport zoned A. West of the subject property are citrus
groves zoned A.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land west and south of it as MD -1, Medium -Density Residential
1 (up to 8 units/acre). The land north and west of the
subject property is designated as AG, Agricultural (up to .2
units/acre). In addition, there is a 300 acre
commercial/ industrial node at the intersection of I-95 and
State Road 60.
The subject property is made up of 152 lots which range in
size from 7,000 to 7,500 square feet. The minimum lot size in
the R-1 district is 7,000 square feet. A rezoning to R-1
would be consistent with the MD -1 land use designation.
Transportation System
The subject property has access
Place, 21st Lane, 22nd Street,
Street, Walker Avenue, 96th
classified as local streets or
subject property is one blc
(classified as an arterial str
of the subject property under l
average annual daily trips.
Environment
to 20th Place, 20th Lane, 21st
23rd Street, 24th Street, 25th
Avenue and 98th Avenue (all
the Thoroughfare Plan). The
ck north of State Road 60
aet). The maximum development
-1 zoning would generate 1,500
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
10
Utilities
County water and wastewater facilities are not available for
the subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval of this
request.
Richard Shearer, Chief of Long -Range Planning, reported that
Planning has received requests from owners of 15 lots in Vero
Tropical Garden Subdivision to rezone their property from
Commercial and Agricultural to Single -Family District, and the
reason this rezoning request is partly County -initiated is that
rather than rezoning 15 individual lots scattered throughout the
area, staff went ahead and added some additional lots to square
off the boundaries.
Commissioner Wodtke asked if we were going to run into the
same problem with setbacks that were encountered in the Paradise
Park rezoning situation and Mr. Shearer explained that none of
these lots have frontage on SR -60.
Administrator Wright reported that the streets in the
subdivision were almost impassable
Vice Chairman Lyons opened the public hearing and asked if
anyone wished to be heard in this matter.
Larry Boan, owner of two lots and agent representing owners
of 15 lots, spoke in favor of the rezoning which would allow
these people to build homes on their property. He reported that
although the roads running east and west are barely passable, the
road running north and south (98th Avenue) provides adequate
access into the subdivision.
Roy Kindel informed the Board that he is building a home at
9685 26th Street, which is presently zoned agricultural, and is
living on his property in a trailer until his home is finished in
December.
Wayne McDonough, Attorney representing Jim Malatino, owner
of three lots which are currently zoned commercial, pointed out
11
OCT 24 1984 Boa 5$ FACE713
WWI
OCT 24 1994
BOOK 58 FACE714
on the following map his client's property, which consists of the
three darkened lots located on the very southern boundary of the
subject land abutting 20th Place.
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12
Attorney McDonough requested the Board to consider
redefining the boundary by holding the line of the rezoning at
the northern boundary of these three lots. He noted that Mr.
Boan has no objection to allowing Mr. Malatino to retain his
present C-1 zoning. The gray line depicts the current C-1 zoning
boundary, which separates a block of lots. Consequently, they
feel that what they are proposing today is neither unprecedented
nor unreasonable. If the Commission allows this property to
remain C-1, it would be consistent with the surrounding property
as Rampmaster is right across the street from Mr. Malatino's
property. He then presented photographs of the commercial uses
in the area, and further noted that Mr. Malatino did not have the
opportunity to present his interests at the Planning & Zoning
meeting in September as he did not receive notice of that
meeting.
Mr. Shearer explained that since Mr. Malatino purchased this
property just recently, he did not receive a notice of the
Planning & Zoning Commission meeting of September 13, 1984
because it takes approximately 3-4 weeks to have the names
changed on the tax rolls.
Attorney Paull confirmed that Florida statute requires that
a notice be sent to the owner at the last known address, and,
therefore, the previous owner of Mr. Malatino's property must
have received the notice of the P&Z meeting.
Commissioner Bird felt that when commercial property abuts
residential, there should be a some sort of buffer, separate the
zoning districts, such as a road, a canal, etc.,
Attorney McDonough believed that if the property is allowed
to remain C-1 this problem could be solved at a later date with
some sort of a man-made buffer.
Commissioner Lyons was concerned about the proposed boundary
line cutting through the middle of the block between 20th Lane
and 21st Street.
13
OCT 24 1984 BoOx 58 PAGE 715
_I
OCT 24 1984 Boost �a
James Malatino objected to his property being rezoned
residential as he had bought it knowing that it was commercial.
He also was concerned about people building homes in back of the
commercial property where their front yards would be facing the
back of a commercial establishment, such as a convenience store
or a gas station. If the boundary line cut through the middle of
the block, he noted that a privacy fence could be built to
separate commercial from residential.
Commissioner Bird -felt with staff's recommendation there at
least would be a road between commercial and residential
property, whereas under Mr. Malatino's proposal, someone's home
could be just a few feet from a commercial structure. He noted
that we have not heard from owners of lots 1, 5 and 6 which are
on each side of Mr. Malatino's three lots.
Mr. Malaltino advised that he was unable to contact the
owners of Lots 5 & 6, and the owner of Lot 1 is out of town.
Commissioner Lyons asked if anyone else wished to be heard.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the public hearing.
Commissioner Bowman asked what would happen if the C-1 line
was moved down to 20th Lane.
Mr. Shearer repeated staff's feeling that 20th Place would
be a good place to draw the line. He explained that there would
be 249 -ft. lots fronting on SR -60 which would give plenty of room
to meet the setbacks and put a nice buffer at the back of those
yards. Residences could be built on the north side of 20th Place
and there wouldn't be the worry of trying to develop a commercial
building on a lot only 110 feet wide and also providing adequate
buffering to a house north of it. He pointed out that most
people spend more time in their backyards than their front yards.
14
Commissioner Lyons believed that residents would be worse
off with the road being the dividing line than with having the
front of a home face the back of a commercial establishment. He
felt it would be better to have the boundary line run between
lots and have a buffer.
Mr. Shearer thought that we could control certain variables
at the time of site plan review process.
Commissioner Bird asked Mr. Boan if he had any problems with
his lots backing up to commercial property, and Mr. Boan said he
has no problem, but, of course, he could not speak for the owners
of the other two lots who were not present today.
Commissioner Bird noticed that we have had a rash of these
situations lately and thought there must be an easier way to
solve these problems.
MOTION WAS MADE by Commissioner Wodtke, SECONDED
by Commissioner Bird, that the Board adopt Ordinance
84-74, rezoning the subject property from Agricultural
and Commercial to Single -Family District with the
southern boundary line separating commercial from
residential running through the middle of Blocks GG
and Y, rather than running down 20th Place.
Director Keating advised that when staff makes a
recommendation to enlarge the node at I-95 and SR -60,
consideration will be given to including the C-1 property which
was discussed today.
Commissioner Bird believed that at some point we should
bite the bullet and rezone the remainder of this subdivision to
residential because if it is left as Agricultural we continuously
will be having people come in with rezoning requests.
Director Keating noted that there are a number of
alternatives to be considered as the area is generally designated
as Medium -Density Residential.
15
OCT 24 1984 BOOK 58 FAISE 71.7
OCT 2.4 1984 BOOK
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried 4-0, Chairman
Scurlock being absent.
ORDINANCE NO. 84-74
58 F�,F 718
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:
Lots 1-11 inclusive, Block AA
Lots 1-14 inclusive, Block BB
Lots 1-8 inclusive, Block CC
Lots 1-8 inclusive, Block DD
Lots 1-8 inclusive, Block EE
Lots 1-8 inclusive, Block FF
Lots 7-12 inclusive, Block GG
Lots 1-9 inclusive, Block HH
Lots 1-7 inclusive, Block II
Lots 1-5 inclusive, Block JJ
Lots 1-5 inclusive, Block KK
Unnumbered Lot in Block KK
Lot 1A, and Lots 1-9 inclusive, Block LL
Lots 1-10 inclusive, and Lot 10A, Block MM
Lots lA and 10A, and Lots 1-10 inclusive, Block NN
Lots 1-8 inclusive, Block 00
Lots 1-9 inclusive, Block Z
Lots 4-6 inclusive, Block Y
Vero Tropical Gardens; Unit 2, Plat Book 6, Page 64A,
now lying and being in Indian River County, Florida.
Be changed from C-1, Commercial District and A, Agricul-
tural District, to R-1, Single -Family District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
16
7
1
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 24th day of October,
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER.COUNTY
BY: -,,� C_
DON C. SC RLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 2nd day of Nov. , 1984,
Effective Date: Acknowledgment from the Department of State
received on this 7th day of Nov. , 1984, at 11A M./P.M. and
filed in the office of the Clerk of the Board of ounty
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFNat2ENCY.
, Copnty Attorney
PUBLIC HEARING - ORDINANCE RELATING TO SOLID WASTE DISPOSAL AT
TRANSFER STATION SITES
The hour of 9:30 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to
wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter of,Q
in the ��yy"",o--��� // ,/ Court, was pub-
lished in said newspaper in the issues of i:Ve�LAL-{/� 4 4 �Y
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty. Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. q
Sworn to and subscribed bef a mep:day of &64A.D. 19
l'rVIZ
(Busi as ager)
(Clerk of the Circuit Court, Indian Riv ounty, Florida)
(SF -AQ
17
OCT 2 4 1994
NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
The Board of County. Commissioners of Indian
River County, Florida, will conduct a Public
Hearing on October 24, 1984, at 9:30 a.m. in the
Commission Chambers at the County Adminis-
tration Building,- 1840 25th Street,. Vero Beach,
Florida, to consider the adoption of an Ordi-
hencp entitled: r...'• _
ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, RELATING
TO SOLID WASTE DISPOSAL AT
TRANSFER STATION SITES; PROVID-
ING FOR DEFINITIONS; . CREATING
SECTION 13-12.2, GOVERNING USE OF
TRANSFER STATION SITES; PROVID-
ING FOR PENALTIES; CODIFICATION;
SEVERABILITY, AND EFFECTIVE DATE.
If any person. decides to appeal a decision
made on the above matter, a record of the pro- i
ceedings will be required for such purposes, and
he or she may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence on which
the appeal is based.
Indian River County
Board of County Commissioners
Don C. Scurlock Jr.
Chairman
Oct. 5, 1984.
7
BOOK 58 P1,1r,E 719
J
OCT 2 4 1994 BOOK 58 PnE 720.
Intergovernmental Relations Director Tommy Thomas presented
staff's recommendation for adoption of the proposed ordinance
which will restrict dumping at transfer sites to household
garbage. He explained that there has been an increasing problem
of heavy articles being dumped at these sites, such as stuffed
furniture, stoves, refrigerators, etc.
Commissioner Bird requested that adequate warning signs be
posted at the transfer sites.
Assistant County Attorney Chris Paull believed that this
ordinance probably could not be enforced directly through the
Code Enforcement Board, according to some of the Attorney
General's opinions, but violations could be taken into court.
Director Thomas advised that the biggest problem in the past
year has been the dumping of grass cuttings by lawn maintenance
companies.
Commissioner Bowman questioned the definition of "trash",
and Commissioner Lyons felt that the definition of household
rubbish is too broad because in order for the County to keep from
having a serious litter problem, we should not expect people to
separate bottles and cans from household rubbish.
Director Thomas believed that if the Board liberalizes the
ordinance, we will need more transfer sites and garbage trucks.
Commissioner Lyons could understand that, but he thought
that we are already getting regular household trash at the
transfer sites and passing this ordinance would not change that.
He also was concerned with passing an ordinance which we may not
be able to enforce through the Code Enforcement Board.
Director Thomas recommended that the Board pass this amended
ordinance as an interim measure, unless the Board feels that
perhaps we should take a look at the ordinance in its entirety.
A lengthy discussion ensued re grass clippings from
individual home owners compared to lawn maintenance services, and
the Board agreed that it was unreasonable to expect private
W
M M M
individuals to take their grass clippings to the landfill
rather than the nearest transfer site.
Commissioner Lyons opened the public hearing and asked if
anyone wished to be heard. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
The Board debated the definition of "garbage", "rubbish" and
"household rubbish", and Attorney Paull recommended that the
first sentence on Page 2 of the Ordinance should read "any item
defined in Section 13-9 as a bulky item, industrial waste, trash,
or rubbish, other than rubbish ordinary to household keeping,
into a County transfer station."
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) adopted Ordinance 84-75, relating to solid
waste disposal at transfer station sites, with
the amendment recommended by Attorney Paull.
Commissioner Bowman felt we badly need a bulk refuse area
somewhere in the north county, but Administrator Wright did not
feel that economically we are ready to tackle a new landfill at
this time. He explained that they are in the process of a rate
study for the sanitary landfill which will include the transfer
stations and possibly a different funding formula. The new study
will be ready by spring and will point out specifics.
19
BOOK PAGEI ��
OCT 24 1994
BOOK 58 PA,F 722
ORDINANCE NO. 84-75
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, RELATING TO SOLID WASTE
DISPOSAL AT TRANSFER STATION SITES; PROVIDING FOR
DEFINITIONS; CREATING SECTION 13-12.2, GOVERNING USE OF
TRANSFER STATION SITES; PROVIDING FOR PENALTIES;
CODIFICATION; SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Board finds that the increasing use of its
transfer station sites for the disposal of non -household items of
a bulky or industrial nature prevents this system from serving its
intended purpose; and
WHEREAS, the intended purpose of the transfer station
system is to provide convenient and readily available sites for
collection of garbage of a household nature from all those per-
sons not having regular neighborhood collection services or from
those who otherwise find it necessary or convenient to deposit
household garbage or similar items therein.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows:
SECTION ONE
The definition for "transfer station," found in Section
13-9 of the Code of Laws and Ordinances of Indian River County,
Florida, is hereby amended to read as follows:
Transfer Station means a site and equipment designated
by the County for the purpose of transferring certain refuse, as
limited hereinafter, from collection vehicles to 1eFrg--h&u1-
transport vehicles.
SECTION TWO
Section 13-12.2 of the Code of Laws and Ordinances of
Indian River County, Florida, is hereby created to read as
follows:
USE OF TRANSFER STATIONS
Transfer stations shall be used only for the disposal of
items generally referred to as "garbage," as defined. It shall be
unlawful and subject to the penalties provided in Section 13-13
-1-
NOTE: Words in streek-thretigh-type are deletions from
existing text; words underlined are additions.
20
for any person, business entity, firm or corporation to dispose of
any item defined in Section 13-9 ,as a bulky item, industrial
waste, trash, or rubbish, other than rubbish usual to
housekeeping, into a County transfer station.
SECTION THREE
CODIFICATION
The provisions of this ordinance shall be incorporated
into the Code of Laws and Ordinances of Indian River County and
the word "ordinance" may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such purpose.
SECTION FOUR
SEVERABILITY
If any section, subsection, sentence, part thereof,
paragraph, phrase, or word of this ordinance is for any reason
held to be unconstitutional, inoperative or void, such holdings
shall not affect the remaining portions of this ordinance, and it
shall be construed to have been the legislative intent to pass the
ordinance without such unconstitutional, invalid or inoperative
part.
SECTION FIVE
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 Depart-
ment of State.
Approved and adopted by the Board of County Commission-
ers of Indian River County, Florida, on this 24th day of October,
1984.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
DON C. SCURLOCK, JR
Chairman
-2-
ATTEST:
)�
21 FREDA WRIGHT, Clerk
Bou 58 PAGE 723
-I
OCT 24 1994
BOOK 58 PAGr74
Acknowledgment by the Department of State of the State of Florida
this 2nd day of November 1984.
Regarding Effective Date: Acknowledgment from the Department of
State received on this 7th day of Nni7PmhPr , 1984, at
ii-nQA.M./P.M. and filed in the Office of the Clerk of the Board
of Cou- y Tommissioners of Indian River County, Florida.
APPROVED IA FO
LEGAL SUFNCY
B`
C
Rttorney
RELEVANT PROVISIONS FROM CURRENT ORDINANCE:
Garbage means materials resultifig from the preparation,
cooking and serving of food, market wastes, trimmings and
other discarded matter from meat or produce, including
containers in which packaged and any other matter, of any
nature whatsoever, which is subject to decay, putrefaction
and the generation of noxious or offensive gases or odors, or
which, during or after decay, may serve as breeding or
feeding material for flies or other germ carrying insects, or
any container of the materials defined herein.
Bulky items means any tangible item such as furniture,
appliances, bicycles, motor vehicles or similar property not
having a useful purpose to the owner or abandoned by the
owner and not -included within the definition of garbage,
garden trash, or rubbish.
Rubbish shall mean refuse accumulations of paper,
excelsior, rags or wooden or paper boxes or containers,
sweepings, and all other accumulations of a nature other
than garbage, which are usual to housekeeping and to the
operation of stores, offices and other business places, also
any bottles, cans or other containers which, due to their
ability to retain water, may serve as breeding places for
mosquitoes or other water breeding insects.
Industrial wastes shall mean the waste products of
canneries, slaughterhouses or packing plants, condemned
food products, agricultural waste products, waste and debris
from brick, concrete block, roofing shingle or tile plates,
debris and wastes accumulated from land clearing, excavat-
ing, building, rebuilding, and altering of buildings,
structures, roads, streets, sidewalks or parkways and other
solid waste products generated from industrial processing or
manufacturing.
Trash shall mean and include all horticultural trimmings
and all accumulations of grass, weeds, palm fronds, leaves,
flowers, shrubs, vines, tree limbs, and other similar
accumulations incidental to yard keeping. (Ord. No. 77-39,
12-27-77)
Sec. 13-13. Penalty.
Any person, firm or corporation violating any of the
provisions of this article shall be prosecuted by the
prosecuting officer in the county, having authority to
prosecute misdemeanors, and, upon conviction in a court
having jurisdiction of misdemeanors, shall be punished by a
fine not to exceed five hundred dollars ($500.00) or by
imprisonment in the county -jail not to exceed sixty (60)
days, or by both such fine and imprisonment. (Ord. No.
77-39,12-27-77) 22
M M M
HUMANE SOCIETY REQUEST FOR SUBROGATION OF REVERTER CLAUSE
Attorney Paull recalled that last May the County executed a
deed with the Humane Society on their new site, which included a
reverter clause in the event the property is no longer used for
the same purpose. The Humane Society has received a commitment
for a standby loan in the event they are not able to sell their
present building before construction starts on the new site. The
loan commitment is contingent upon the County subordinating the
reverter clause in the deed, which means that the County's
reversion would be subject to the first mortgage. The commitment
simply reads that the commitment is subject to the following
conditions: "that the County subordinate the reverter clause to
allow First Bankers to record a properly executed first
mortgage."
Commissioner Lyons was concerned that should the Humane
Society ever go out of business, that the property might be used
for another purpose.
Attorney Paul explained that we would still take ownership
of the property in the reverter. It just would be subject to a
first mortgage in favor of the bank. Therefore, we would have
control over the use of the property providing we start payment
on the mortgage. The $100,000 mortgage would be repayable over a
15 -year period with a balloon over 4 years. He understood that
there is the possibility the mortgage will be paid off sooner
once the present property is sold, and that there is also the
possibility that the mortgage might never be taken out. This is
just a standby commitment at this point.
Andy Beindorf, an officer of the Humane Society, reported
that they have received the bids for construction of the facility
and they are looking at somewhere in the neighborhood of
$450,000. They are presently $100,000 short and are in the
process of getting the standby loan. Every lending institution
they approached wanted the assurance that they would be in first
position on the mortgage and the Humane Society is asking that
23
CT 2 41984 BOOK 58, pni-. 795
I
OCT 24 1984
BOOK 58 pnF 7?6 7
the County subordinate the reverter clause over to another
lender.
Attorney Paull advised that the subordinate agreement would
be written so that the reverter clause automatically kicks backs
in when the mortgage is satisfied.
Mr. Beindorf pointed out that there would be a facility
worth approximately $500,000, which could go to public auction.
He reminded the Board that the Humane Society has been in
existence in Indian River County for over 25 years.
Director Thomas had no problem with paying $100,000 for a
$500,000 building, but pointed out that something could happen
where the building was never completed. However, he understood
that the Humane Society has a good deal of cash on hand that
could be put up for escrow.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird; Chairman Scurlock being absent
and Commissioner Wodtke having left the meeting
temporarily, the Board by a vote of 3-0, authorized the
execution of a subordination agreement with respect to
Paragraph 2 in the Quit -Claim Deed to the Humane
Society, and authorized the Chairman's signature.
AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN
FULLY EXECUTED AND RECEIVED
TRI -PARTY AGREEMENT BETWEEN HRS, SHERIFF'S DEPT. AND IRC
The Board reviewed the following memo dated 10/15/84:
24
TO: DATE: FI�.E: -
October 15,
The Board of County 198
Commissioners
SUBJECT: Tri -Party Agreement between _
HRS, Sheriff's Dept. and Indian
River County
FROM:J es P. Wilson REFERENCES:
istant County Attorney
The attached contract has been set for your consideration on the October
24, 1984 meeting of the Board of County Commissioners.
This contract provides means whereby Indian River County can be reim-
bursed for service of process in certain child support enforcement
actions. In the past, service fees and such actions were waived. Howev-
er, pursuant to Florida Statute 409.2573 (1984), federal funds are now
available through the HRS to reimburse 70% of the service costs of these
actions.
To facilitate the reimbursement of such service costs, HRS requires all
participating counties to enter into contracts with the department. The
attached contract accurately reflects the respective duties of the
Department of Health and Rehabilitative Services, the Sheriff's Depart-
ment and the County.
If you have any questions regarding this matter, please do not hesitate
to contact me.
OMB Director Jeff Barton explained that basically this is an
opportunity to recoup some of the costs that the County has
incurred in serving certain types of papers. If the County
enters into this agreement, the State has indicated they will
begin reimbursing a portion of these costs.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman; Chairman Scurlock being
absent and Commissioner Wodtke having left the meeting
temporarily, the Board by a vote of 3-0, authorized
the Chairman to sign the tri -party agreement with HRS
and the Sheriff's Dept. on behalf of Indian River
County.
AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN
FULLY EXECUTED AND RECEIVED
25
OCT 2 4 1984
Boa 58 FATE 727
FF, -
OCT 24 1984
BOOK 58 or, 72>8
EXERCISE OF OPTIONS ON FOUR SITES FOR WASTEWATER PLANT
WEST OF VERO BEACH
POSSIBLE TREATMENT PLANT SITES
October 23, 1984
Owner Legal Size $/Acr,
GRAVES All or part of:
Tract 6
Tracts 10 and 11
or
Tracts 6, 10 & 11
All in Sec. 18/33/39
BEACH BANK Tracts 6 and 7
in Sec. 24/33/38
39.49 Acres 9,000/Ac
79.13 Acres $9,000/Ac
118.62 Acres $9,000/Ac
79.28 Acres $8,000/Ac
MONROE Groves 5 and 6, Tract 3 39.67 Acres $9,000/Ac
and
Grove 10, Tract 3 18.23 Acres $9,000/Ac
in Sec. 13/33/38 57.90 Acres Total
CATRON Tracts 2 and 7
in Sec. 14/33/38
78.82 Acres $9, 000 / Ac
Attorney Chris Paull explained that these four sites vary in
size, but the option price is approximately $9000 per acre for
each, with the exception of the tract owned by the Beach Bank
which is $8000 per acre. Four separate option contracts have
been negotiated to date, giving the County the exclusive right
26
over the next 60 days to purchase any one or more of these
properties for a pre -determined purchase price. The options at
this point have cost the County nothing, and if one of the
options is exercised, the County would have the period of five
months during which to close on the property. The closing under
each of the properties would be contingent upon the County
arranging for financing and construction permitting. If the
County fails to arrange for financing and does not go ahead with
a piece of property they purchase after the option is exercised,
the only cost to the County would be a nominal fee of $30 a month
for rental of the property during the five-month period;
therefore, the maximum exposure would be $150 per month. The one
exception to this is that one owner felt it was necessary for him
to receive $50 a month.
Administrator Wright reported that we have provided the
engineering company with maps of the tracts and they are doing a
preliminary analysis to find the site that is the most cost
effective from a pumping standpoint. When the analysis is
completed, a site recommendation will be brought back to the
Board.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman; Chairman Scurlock being absent and
Commissioner Wodtke having left the meeting
temporarily, the Board by a vote of 3-0,
authorized staff to enter into the options as
outlined, and authorized the Chairman's signature.
OPTIONS ARE ON FILE IN THE OFFICE OF THE CLERK.
SOLIN & ASSOCIATES
Attorney Paull recalled that back in May the Board
instructed Solin & Associates to work on the next two phases of
the zoning code and at that time did not officially authorize the
work on Phases 5 and 6. The County Attorney is recommending that
27
OCT 2 4 1984 aooK ���cF?
L_
J
►� 1
OCT 2 4 1984 BOOK 58 ur,F.73
the Board formally authorize payment of Phases 5 and 6 in the
amount of $11,200 per Solin's original proposal.
Administrator Wright advised that this was a budgeted item
and today's action is merely a housecleaning matter.
Planning & Development Director Robert Keating explained
that Solin is presently working on phases 5 and 6 which will be
the last of the project.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board , Chairman Scurlock
being absent and Commissioner Wodtke having left the
meeting temporarily, the Board by a vote of 3-0,
authorized payment in the amount of $11,200 for Phases
5 & 6 per the original proposal by Solin & Associates
dated April 19, 1984.
DISCUSSION RE EFFECT ON INDIAN RIVER BY THE BUILDING OF NEW
MARINAS AND PIERS
Commissioner Lyons noticed that the Department of Natural
Resources has a lot of applications for dredge and fill, piers
and marinas, and he did not feel comfortable with them as there
is something very permanent about dealing with the river. He
asked the Board to consider the feasibility of setting up an
environmental committee to advise us on these matters.
Attorney Paull advised that these applications are presently
reviewed by Art Challacombe, who brings them to the Board if
there are any negative findings. However, if the Board wishes
them to change their procedure and bring them all before the
Board, they will.
Commissioner Bird thought that the applications were rather
technical, and Commissioner Bowman suggested that in the future
the applications be brought before the proposed environmental
committee.
28
Commissioner Lyons explained that he was not asking for any
action today, but just wanted the Commission to ponder the
matter.
REIMBURSEMENT OF ADDITIONAL FUNDS FOR SEBASTIAN BOAT DOCK REPAIR
The Board reviewed the following letter dated 9/19/84:
ryo J City of Sebastian
Jim Gallaghe��, : f_ '4POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958 Carol Carswell
Mayor_ �' TELEPHONE (305) 589-5330 Finance Director
September 19, 1984
Honorable Richard N. Bird
County Commissioner
Indian River County
1840 - 25th Street
Vero Beach, Florida
RE: Yacht Club Boat Ramp Renovation
Dear Commissioner Bird:
DISTRIBUTION LIST
Coriirl=Iss:aiie;S
AdrniniS',Lri LU -r
Attorney
persunnel
Public VVOrks
Cornjr,unity WcU• —
Utilities -------
Finance
Other
we are enclosing copies of.checks and their documentation
on the boat ramp. The cost of the additional work amounted
to $2,861.15.
George Schum requested that I send them to you as you had
discussed .the possibility of our being reimbursed for the
additional work.
Very �truly y , rs,
Carol Carswell
Finance Director
Commissioner Bird advised that the Parks & Recreation
Committee unanimously recommended that the City of Sebastian be
reimbursed.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, Chairman Scurlock being absent
and Commissioner Wodtke having left the meeting
temporarily, the Board by a vote of 3-0 authorized
payment of $2,861.15 for the additional work at
Sebastian Yacht Club boat ramp.
OCT 24 1984 29 Boa 58 FqF. �r .
OCT 2:x.1984
APPOINTMENT TO COUNTY -WIDE RECREATION COMMITTEE
The Board reviewed the following resume:
RESUME
589-2879 Phone
BOOK 58 wu-f 732
DAN PREUSS Resident of Indian River County
P.O. Box 581 since 1979.
Sebastian, Florida 32958
Real Estate Broker in Sebastian; Board of Exchange Club
Sebastian; Board of Exchange Club Center for the Prevention
of Child Abuse; Volunteer Friend Youth Guidance,Indian
River County; Board Member of Parks and Recreation for
City of Sebastian. Graduate of University of Miami, 1965.
Commissioner Bird informed the Board that the County -Wide
Recreation Committee recommends the appointment of Dan Preuss to
the committee to replace Rene VanDeVoorde.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, Chairman Scurlock being absent
and Commissioner Wodtke having left the meeting
temporarily, the Board by a vote of 3-0 approved the
appointment of Dan Preuss to the County -Wide
Recreation Committee.
DISCUSSION RE ESTABLISHMENT OF REGIONAL LIAISON COMMITTEE RE
HAZARDOUS WASTE
Commissioner Bird advised that Indian River County has
filled six of the eight seats on the 4 -county Regional Liaison
Committee on Hazardous Waste and suggested that the County
advertise for volunteers to represent Business and Agriculture on
the committee.
Commissioner Wodtke returned to the meeting at 11:45 o'clock A.M.
30
REPORT ON STATE ASSOCIATION OF COUNTY ENGINEERS 14EETING
The Board reviewed the following memo dated 10/15/84:
TO: The Honorable Members of DATE: October 1S, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wrigh
County Admini for SUBJECT'
'Report of State Association of
County Engineers Meetings -
October 3-5, 1984, Miami, F1.
FROM: James W. Davis, P.E.; ��
REFERENCES:
Public Works Director
Attendence of the subject meetings of SACERS in Miami
resulted in awareness of the following new Transportation
Legislation that will affect County Road programs.
1) The State Transportation Code rewrite was approved
by.the 1984 Florida Legislature and the following
policy has become law
a) the 5th and 6th Cent Gas Tax can be spent on
any Public Road within the County (including
State and City roads), but only $50,000 can
be allocated to road construction by County
crews, or no more than 5% of the yearly revenue.
b) now, County and State can condemn road right-
of-way for future planning and construction.
c) if a bridge is transferred to the County from
the State, it must have at least a 10 year
life expectancy.
2) The State DOT has been reorganized. As a result; the
District Engineer will have more power and authority,
but will have a fairly rigid work program sent down
from Tallahassee., This DOT work program must be
consistant with the local governments Comprehensive
Land Use Plan. The DOT can no longer unilaterally
define projects not consistant with the local CLUP.
3). The High Speed Train is coming to Florida. It will
be called the HSRTA (IR gh Speed Rail and Transportation
Act) .,
31
CT 2 4 1984 BOOK 58 Pb GE / P
OCT 24 198A
BOOK 58 PACT 34
4) The DOT must award 10% of the States' Transportation
Construction work to Disadvantage Businesses. Some
Counties (Orange, Duval, etc.) are requiring up to
18% of the work to go to Disadvantaged Businesses.
This is causing many problems. It takes three years
to educate these Contractors on the requirements.
5) The DOT has placed a CAP on hiring new personnel. They
are now entering into many joint project agreements
and contracts with local governments and private
consultants for design and surveying services.
The October 3-5, 1984 Session was very educational
and I will be glad to discuss these matters at any time.
I was also elected to my 2nd term on the SACERS Board of
Directors.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, Chairman Scurlock being absent
and Commissioner Wodtke having returned to the meeting,
the Board by a vote of 4-0 accepted the report by the
Public Works Director and congratulated Director Davis
on his reappointment as a director of the SACERS.
Commissioner Wodtke asked if there was anything that can be
done to improve the State roads in our county because there are
in deplorable condition.
Director Davis advised that the DOT has put a cap on hiring
new employees which probably accounts for the cutback in
maintenance. He suggested that a letter be written to the DOT
requesting better maintenance.
BRIDGING OF 14TH STREET CANAL EAST OF ROCKRIDGE, SOUTH OF
FAIRLANE HARBOR
The Board reviewed the following memo dated 10/15/84:
32
TO: The Honorable Members of DATE: October 15, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
FROM: James W. Davis, P.
Public Works Directol
DESCRIPTION AND CONDITIONS
SUBJECT: Bridging of 14th Street Canal East
of Rockridge, South of Fairlane
Harbor
REFERENCES:
Kimley Horn and Associates, Engineers for the Southerly
Extension of Indian River Boulevard, and County.staff met
on October 8, 1984 with the property owners who own lots
along the Rockridge canal. Many of these owners have small
boats and use the 14th Street canal for ingress/egress to
the Indian River. The purpose of the meeting was to inform
the boat owners that the bridge proposed for construction
at Indian River Boulevard would provide approximately 9.2
ft. of vertical clearance at Mean High Water and approximately
9.96 feet of vertical clearance at Mean Low water. Once
this vertical clearance is established, the Engineers can
apply for a Coast Guard Permit. The owners of approximately
13 lots were represented.
ALTERNATIVES AND ANALYSIS
Two property owners expressed that a 10' vertical clearance
at High Water is required for their boats to use the waterway.
This condition is required due to less than a 1 foot water
depth in the channel at low water and the fact that 2 boats
using the channel have a.vertical height of approximately
10 -feet.
The consultants have indicated that for every 1 foot
increase in height, the.cost of the approach fill and bridge
cost would increase approximately $35,000 to $40,000. Also,
as the height increases it may be necessary to require the
removal or relocation of mobile homes encroaching in the
County right-of-way at Fairlane Harbor Mobile Home Park.
It was also mentioned that use of the waterway is
restricted by the shallow depth of water and the residents
request that the channel be dredged. Drainage in the Rockridge
area would improve if the channel is dredged. The City and
County have designed and obtained permits to dredge the
channel and are planning the work.
RECOMMENDATION
It is recommended that the County instruct the consulting
Engineers to include dredging of the channel as a part of
the Indian River Boulevard Project and that the Bridge be
designed to provide the 9.2 feet to 9.96 feet of vertical
clearance as proposed. The dredging of the channel would
allow the boats to use the bridge at low tide and the
approximately 10 feet of vertical clearance would be
available.
33
BOOK 58 PAGE 735
OCT 24 1984
OCT 2 4
1994
Boor,
58
pnr,
Public Works
Director Jim Davis recommended that
staff
go
ahead and design the bridge to provide 9.2 feet to 9.96 feet of
vertical clearance and that the dredging of the channel be
included as part of the Indian River Boulevard Project.
Director Davis understood that a public hearing would not be
necessary before going ahead with the construction of the bridge
because they have contacted everyone in the area who uses this
canal. Once the dredging is done and the draft is increased,
people will be able to take their boats through the canal at low
water, whereas at present they can barely use it at high water
level. He referred to a strip map of the property along the
canal and pointed out that the dredging would be done from just
west of the bridge on to the river.
Commissioner Bird asked if they would be dredging the delta,
and Director Davis thought that could be done. He advised that
they plan on throwing the dredging in as an alternate bid and see
what the dragline costs would be. If the cost is too high, the
work will be done in-house. It would not be an actual pumping
operation, just a dragline operation. The spill will probably
have to be hauled 'away if it cannot be used on the site. He
advised that the County does not have rights-of-way or easements
along this canal; the canal comes right up to the property lines.
Vice Chairman Lyons asked if there was anyone who wished to
be heard in this matter. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the consultant to apply to the Coast
Guard for a permit to build the bridge as designed,
and authorized the dredging of the channel as an
alternate bid in the project.
34
_I
PURCHASE OF RAILROAD RIGHT-OF-WAY ADJACENT TO SR -512 IN SEBASTIAN
- ROLAND MILLER PROPERTY
The Board reviewed the following memos dated 10/15/84 and
10/23/84:
TO: The Honorable Members of DATE:October 15, 1984 FILE:
the Board of County Commissioners
FROM: Michael Wright
County Administrator
SUBJECT: Roland Miller Railway
Property —Sebastian, F1.
REFERENCES:
Commissioner Wodtke and I have had several discussions with
Roland Miller concerning the acquisition of the railroad right-
of-way adjacent to State Road 512. Mr. Miller has orally agreed
to a sale price of $295,000.
Attached for your consideration is a copy of Armfield-
Houck's appraisal which set the value of the 36.6 acres of land
at $330,000. Also attached for your consideration is a cash
flow statement prepared by Public Works Director, James Davis,
outlining the impact of the right-of-way acquisition on other
projects. However, County Attorney Gary Brandenburg has
indicated the cost of the right-of-way may be recovered through
the proposed traffic -impact fee ordinance.
If you have any questions, please advise. I am tentatively
scheduling this item for the October 17th agenda for your
consideration.
35
CT 24 1984 800E '8 737
1� •
BOOK 58 PnF.738
TO:Michael Wright, DATE:October 23, 1984 FILE:
County Administrator
SUBJECT:
State Road 512
Purchase of R/W
Gary(IM, Brandenburg,
FROM: County Attorney REFERENCES:
You have requested this office to review whether or not the
purchase of the State Road 512 right-of—way can be ultimately
reimbursed by the imposition of impact fees after adoption of
a county -wide traffic impact fee ordinance. The County is in
the process of producing a county -wide traffic impact
ordinance and the terms of such an ordinance will ultimately
be decided by the Board of County Commissioners. Whether or
not this purchase can be reimbursed by such fees will depend
on the wording of the ordinance; however, because the right of
way is necessary for the future impact of additional residents
and is not a current need Ci. e. Road 512 is not over capacity
today), I believe that the ordinance can be written to allow
the County to legally reimburse itself for such costs. While
doing the economic impact analysis, the engineer should be
instructed to include as cost of additional right of way for
future roads, the Road 512 investment.
The Commissioners gathered around a map of the subject
property and Administrator Wright noted that if we decide to
purchase this property now, Mr. Miller has requested that the
closing take place next May and that the County pay the taxes
from this point on. Mr. Miller also has requested that we clear
approximately 1/4 -mile of right-of-way along the existing FEC
road bed.
Commissioner Wodtke reported that the appraisal value'of
this property is $330,000 and we have negotiated a tentative
purchase price of $295,000. He felt that if we delayed
purchasing this property until sometime in the future, the
property might not be available, and it was very likely the price
would be higher. Another advantage to purchasing it now is that
it presently is owned by one individual whereas it might be
divided and sold to multiple owners in the future. He believed
SR -512 would become a major artery between I-95 and U.S. #1.
36
Administrator Wright explained that if the Board decides to
purchase this property today, he is also proposing that we
proceed immediately to acquire 100 feet of adjacent right-of-way
that fronts U.S. #1 in order to gain access.
Administrator Wright pointed out a "nuisance" strip of land,
presently owned by General Development Corporation, which varies
in width from 5-20 feet and is approximately two acres. He
believed that GDC might give that piece to the County, but noted
that GDC is in the process of being acquired. If the County does
not acquire that piece, however, it would not hurt us in any way.
Assistant County Attorney Chris Paull advised that in order
to accommodate Mr. Miller's request to have the closing next May,
the agreed upon purchase price would include payment of whatever
taxes that are assessed from November 1, 1984 until it becomes
public property. He felt that it might be that we will have to
enter into a-lease/purchase agreement so that taxes will not
accrue.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) approved the purchase, in lieu of condemnation,
of 36.6 acres of railroad right-of-way that begins at
the FEC and runs west to the intersection of SR -510
and SR -512 for $295,000, with the understanding that
the County will begin paying property taxes from
November 1, 1984; and authorized the County Attorney to
proceed with the acquisition of the vacant property
that fronts U.S. #1 and is aligned with the railroad
right-of-way, in order to gain access to U.S. #1.
Attorney Paull stated that the Legal Department would do the
work necessary to acquire the additional property that fronts
r
U.S. #1 and bring it back to the Board.
37
OCT 2 4 1984 Bou 58 PAGF. 73
OCT 24 1984 .
5 8 FacF 74
Mr. Miller advised that he will instruct Carter & Associates
0
to give the County all title searches, surveys, and engineering
work done that has been done on this property.
BLUE CYPRESS LAKE - ZONING, SEWER & CODE VIOLATION PROBLEMS
The Board reviewed the following letter dated 10/2/84 and
memo dated 10/18/84:
Telephone: (305) 567-8000
October 2, 1984
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
BUILDING DEPAR'HWr
Danny Purdue
8 West Mango Road
Lake Worth, Florida 33463
Re: Property located at Blue Cypress Lake Ranch
Lot 14, Block 3, Blue Cypress Fishing Club
Parcel #00-32-36-02-0030-00014.0
Dear Mr. Purdue:
Suncom Telephone: 424-1011
Based on an inspection by the Electrical Inspector, Bob Sammons; Code Enforcement
Officer, Betty Davis; and Environmental Health Director, Mike Galanis, the following
is required:
1) Waste fittings must be used for all drainage piping.
2) Waste piping must be 2" minimum except for bath vanity.
3) Heat unit must be installed and wired for such. Also, heat unit must
be on pad 3" -above normal grade (secured to pad).
4) Minimum setbacks not met on side lines.
5) It appears from the records in the County Planning & Zoning Department,
only self contained units are approved in this area.
6) Proof of County zoning approval must be furnished by applicant.
7) Septic tank approval required by Environmental Health Department.
If this office can be of further assistance, please advise.
Sincerely,
INDIAN RIVER COUNTY
Ester L. r �
Building Director
38
TO: The Honorable Members of DATE: October 18, 1984 FILE:
The Board of County Commissioners
SUBJECT: Blue Cypress Lake Community
Zoning, Sewer & Code
Violation problems
FROM: Michael Wright REFERENCES:
County Administrat0io
The staff is taking the following steps with regard to the Blue
Cypress Community zoning, sewer and code violation problems:
1. Utilities Director Terry Pinto will be meeting with the
County Consulting Engineer regarding the Master Sewer Plan.
It is anticipated the Consultant will do a preliminary
analysis of what action needs to be taken, and the
associated costs, to install a sewer collection system and
treatment plant for the area.
2. The Code Enforcement Section will be preparing an analysis
of all apparent code violations and will be presenting this
information to you, in pictorial form, at the October 24th
meeting. In addition, the Planning Department will be
notifying all property owners or lease holders of record
that no further structures can be built until the
multiplicity of problems are solved.
3. County Attorney Gary Brandenburg has agreed to research
the appropriate zoning district and prepare an ordinance for
your consideration.
4. With regard to the Danny Purdue application to place a
Mobile Home at Blue Cypress Lake, I am unclear as to what
action the board wants to take in this matter. Therefore, I
am asking for specific direction with regard to his
application for a certificate of occupancy. Attached, for
your information, is a copy of the last correspondence
between the Building Department and Danny Purdue.
Planning & Development Director Robert Keating explained
that the fishing camp was first put into service in the 1950's
before there was any zoning code and it looks as if it was
grandfathered in. In 1962 the Board of County Commissioners
rezoned it from agricultural to commercial, which allowed all
types of residential uses at that time, as well as commercial.
There is reference in the minutes of the meeting in 1962 that any
permanent residential units were required to meet residential
_ 39
OCT
24 1984 Nor.. 58 741
OCT 24 1994
806K. '
58
Pi,F 74r
setbacks,
but trailers could have the setbacks deviated.
At
some
point a plat was prepared for the area, although that plat was
never approved or recorded. Subsequently, there were various
actions taken for the lake and the fish camp. In 1976 a question
arose as to whether the amended C-1 zoning code allowed mobile
homes. At that time the Board of Adjustment granted a variance
allowing trailers in his development with the restriction that
the trailers be self-contained as far as having holding tanks.
In 1977 Mr. Holman, owner of the fishing camp, requested
electrical hookups for 15 lots in Finger #3. Mr. Holman wrote a
letter to Commissioner Wodtke agreeing that no more lots would be
sold until a sewer system was installed and that he would work
toward that end. One of these lots is #14 on Finger #3, which is
owned by the Purdues who now are requesting electrical hookup.
Staff cannot find any record of electrical being granted for
Finger #3. Subsequently, the County Commission did grant
electrical hookups for two lots on Finger #1.
Director Keating explained that there are 100 lots on the
three fingers of the fishing camp. There -are 65 residences, 9 of
which are year -around. Thirteen lots are vacant and some mobile
homes are built on double lots. Lot sizes vary, but most are 60
feet in depth and 60 to 70 feet in width. Mr. Holman owns all of
the lots and has given them out in 99 year leases.
Director Keating reported that we are dealing with such
hazardous conditions as poor water quality, inadequate sewage
disposal, permanent structures and additions built without
permits and numerous building code violations. In addition,
there is also a 4 -unit hotel out there that has been built
without a permit. Director Keating felt this a very difficult
situation because staff is not sure how many uses were grand-
fathered in.
Administrator Wright felt that everyone agrees that the
sewer and water situation out there is sub -standard. However,
the construction of a sewer plant poses several problems because
40
it would have to be built on several acres of land that would
have to be raised up significantly.
Commissioner Bird was under the impression that there would
be an extensive analysis done by staff who would go house to
house issuing violations for wiring, plumbing, etc. He believed
we need to make some sort of determination as to which violations
were grandfathered in.
Administrator Wright thought it was going to be a very
laborious task and that we should deal with only the obvious
violations.
Mike Galanis, Environmental Health Division Director,
reported that tests performed in 1976 and 1982 revealed a
bacteria in the canals leading to the lake and that there is a
possibility of fecal contamination. In addition, he had
discovered several 4 -inch pipes discharging directly into the
water. Some of the pipes are drainpipes from the tops of
dwellings, but the origin of other pipes has not been determined.
Mr. Galanis noted there is a possibility that the State will not
allow the building of a sewage plant out there.
Administrator Wright stated that he has asked staff not to
issue any more permits until after the study has been completed
and the problems are solved.
Mr. Galanis advised that the Purdues are asking why they
aren't being allowed to occupy their mobile home, and
Commissioner Lyons stated that this Commission is sworn to uphold
the laws of the state and the county and if it is unlawful for a
structure to be there because sewage cannot be disposed of
properly, then how can the Commission allow that structure to be
occupied?
Attorney Paull advised that if the applicant is denied and
files suit, the County will be hard put to defend its position
because it has not enforced code violations committed by others
in that area.
41
aooK 8 pvr 743
BOOK 58 P!
Intergovernmental Relations Director Tommy Thomas stated
that we no longer permit overnight camping at the County park,
but the County does have permits for the park structures.
Mr. Galanis advised that the County park sewage system does
not meet today's standards, but it did at the time it was
installed.
Commissioner Bowman pointed out that all the County has out
there are boat ramps, toilet facilities, and a few picnic tables.
Commissioner Bird wanted to know whether Administrator
Wright was going to come back with something or whether he was
going to proceed and bring the issue before the Code Enforcement
Board.
Administrator Wright stated he would be glad to do either,
but it was the Board's decision.
Director Keating explained that if there was a problem
anywhere else in the County, such as a setback violation, they
notify the person, and then give them a chance to correct it
before bringing it before the Code Enforcement Board.
Administrator Wright did not think we should assume that the
zoning code is going to be changed.
Commissioner Bird asked if we are expecting everything out
there to be brought up to code and reminded the Board that we
have a lot of old homes in the County that do not meet the
present code.
Director Keating felt that a new zoning code district would
reflect what is already there, but would not allow the 4 -unit
hotel.
Commissioner Wodtke suggested that staff proceed with steps
1, 2, and 3 and see what the situation is and then schedule a
workshop. After the workshop, a determination will be made on
what type of action will be taken and another meeting will be
scheduled to inform the property owners what action the County
will take and ask them for their support because this will affect
them the most.
OCT 24 1984 'WP _'
74 a
I
OCT 24 1984 '58 746
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized staff to proceed with Steps 1, 2 and 3,
as listed in the above memo and ask the Code
Enforcement, the Health Dept., and zoning people
to address the issues in a workshop, and schedule a
meeting with the property owners advising them of any
action that is to be taken on these concerns and the
timeframe of that action.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 1:00 o'clock P.M.
Attest:
UILA
Clerk
44