HomeMy WebLinkAbout3/13/1985Wednesday, March 13, 1985
The Board of County Commissioners of Indian River
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, March 13, 1985, at 9:00 o'clock A.M. Present
were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice
Chairman; Richard N. Bird; William C. Wodtke, Jr., and
Margaret C. Bowman. Also present were Michael J. Wright,
County Administrator; Gary Brandenburg, Attorney to the
Board of County Commissioners; L.S. "Tommy" Thomas,
Intergovernmental Relations Director; Jeffrey K. Barton, OMB
Director; and Barbara A. Bonnah, Deputy Clerk.
The Chairman called the meeting to order and
Commissioner Bowman led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA
Commissioner Scurlock requested the addition to today's
Agenda of a report on yesterday's meeting of the South
County Fire Advisory Committee. Commissioner Scurlock also
requested the postponement of Item 6 - Discussion re St.
Francis Manor Lease - until the meeting of March 27, 1985,
at the request of Frank Zorc.
Attorney Brandenburg requested the addition to today's
Agenda of the matter of Florida National Bank's commitment
of finance on the SR -60 wastewater project.
MAR 13 1985 Boa O PA -112.04
BOOK 0 Fr1G
E125
Commissioner Wodtke requested the addition to today's
Agenda of a report on the NACo Conference he recently
attended.
Commissioner Lyons requested the addition of a
proclamation for "National Employ the Older Worker Week."
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously
postponed and added the above items to today's
Agenda.
APPROVAL OF MINUTES. -
The Chairman asked if there were any corrections or
additions to the Minutes of the Special Meeting of February
18, 1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the Minutes of the Special Meeting of
February 18, 1985, as written.
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of February
20, 1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the Minutes of the Regular Meeting of
February 20, 1985, as written.
CONSENT AGENDA
Commissioner Scurlock requested that Item B be removed
from the Consent Agenda for discussion.
2
A. Budget Amendment, County Court/Building Operations
The Board reviewed the following memo dated 2/28/85:
TO: Board of County Qmissicners DATE: February 28, 1985
FILE:
SUBJECT: County Com/ Bldg- operations
C8
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
The budget amendment on Februaxy 6, 1985, overcharged County Court for the alterations
done. This is to correct the overcharge and reallocate the funds.
Account Title Accxyurlt 'No. Increase Decrease
Office Furn & Equip 102-902=516-66.41 1,200
Other Imp -except Bldgs. .102-220-519-66.39 10200
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the above budget amendment, as
recommended by OMB Director Barton.
B. Request for Site Plan Extension - Ed Schlitt
The Board reviewed the following memo dated 2/27/85:
TO: The Honorable Members
of the Board of
County Commissioners
DATE: February 27, 1985 FILE:
DIVISION HEAD CONCURRENCE
L EDGAR SCHLITT'S
:?",jSUBJECT: REQUEST FOR SITE PLAN
Robert M. Keat'ng, CP APPROVAL EXTENSION
Planning & Development Director
FROM: Mary Jane V. Goetzfried REFERENCES:.
--M) Chief, Current Development Section
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting on March 13, 1985.
3
MAR 13 1985 BOOK 60 FAGF. X96
DESCRIPTION & CONDITIONS
_I
BOOK 60 PA,UE 1?7
In February of 1984, the Planning & Zoning Commission
approved a site plan application submitted by Architect Paul
Dritenbas on behalf of Mr. Bill Caldwell. The approved plan
provides for the construction of a 9,648 square foot commer-
cial strip center to be located immediately opposite the
entrance to Vero Highlands on the east side of U. S. Highway
1.
Subsequently, the Planning & Development Division was
notified of a transfer in ownership -of the subject property
from Mr. Caldwell to Shopping Centers, LTD, a business
entity of which Ed Schlitt is the principal.
In January of 1985, a building permit was issued for the
project; however, due to a lengthy bidding process con-
struction was not able to start prior to February 23, 1985.
Pursuant to the provisions of Section 23(h)(1)(a) Appendix A
of the County Code, the applicant is requesting a one year
extension of the site plan approval.
RECOMMENDATION
The Planning staff recommends approval of Edgar Schlitt's
request for a one year extension of the site plan approval
to construct a commercial strip center at 2002 U. S. Highway
1.
Commissioner Scurlock asked if there is a provision in
regard to extending site plans which would result in an
automatic update to bring them into conformance with the new
ordinances.
Planning & Development Director Robert Keating replied
that although we do not have a specific provision, we do
have a provision which states that a site plan can be
extended only once. The applicant would have to resubmit
the site plan if anything came up after the extension
expired.
Commissioner Scurlock wished the County would also'
pursue having the ability to address the storm water
management ordinance, beach ordinance, etc., in regard to
these extensions.
Administrator Wright felt the Board has that ability
now by reviewing the site plan before granting an extension.
4
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
granted a one-year extension of site plan
approval as requested by Edgar Schlitt.
C. Release of Easement - John D. Lisle, Sr. - Pine Lake
Estates Subdivision
The Board reviewed the following memo dated 2/27/85:
TO: The Honorable Members DATE: February 27, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT REQUEST
BY JOHN D. LISLE, SR.
SUBJECT:- SUBJECT PROPERTY: LOTS 8,
9, 10, 11, 28, 29, 30 AND
Robert M. Keating, CP 31, BLOCK D, UNIT #1, PINE
Planning & Development Director LAKE ESTATES SUBDIVISION
FROM: Betty Davis REFERENCES: R/E Lisle
Code Enforcement Officer DIS:REBDAD
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of March 13, 1985.
DESCRIPTION AND .CONDITIONS:
The County has been petitioned by John D. Lisle, Sr., owner of
the subject property, for release of the rear lot 10 foot
easement of lots 8, 9, 10, 11, 28, 29, 30 and 31, Block D, Unit
#1, Pine Lake Estates, being the westerly 10 feet of Lots 8, 9,
10 and 11, Block D, Pine Lake Estates, Unit #1, and the
easterly 10 feet of Lots 28, 29, 30 and 31, Block D, Unit 1,
Pine Lake Estates. He is also requesting the release of the
side lot 10' easement of Lots 11 and 28, Block D, Pine Lake
Estates Subdivision, Unit #1, being the southerly 10' thereof.
These lots are 70 feet in width and 125 feet in depth. It is
Mr. Lisle's intention to consolidate the lots into one large
building site meeting the criteria of the R-lE zoning district
and construct a single-family residence on the site.
The current zoning classification is R-lE, Country Estate
District. The land use designation is LD -1, Low Density
Residential, up to 3 units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell, Florida Power &
Light Company, Jones Intercable, and the Utility and
Right-of-way Departments. Based upon their review,.there were
no objections to release of the easements. The zoning staff
analysis, which included a site visit, showed that drainage
would be adequately handled on-site.
5
MAR 13 1985 BOOK 60 FaU,E x:28
MAR 13 1995 BOOK 60 F':UF 129
RECOMMENDATION:
Staff recommends to the Board, through adoption of a
resolution, the release of the rear lot 10' easement of Lots 8,
9, 10, 11, 28, 29, 30 and 31, Block D, Unit #1, Pine Lake
Estates, being the westerly 10' of Lots 8, 9, 10, and 11, Block
D, Unit #1, Pine Lake Estates, and the easterly 10' of Lots 28,
29, 30, and 31, Block D, Pine Lake Estates, Unit #1. Further,
staff recommends the release of the side lot 10' easement of
Lots 11 and 28 Block D, Pine Lake Estates Subdivision, Unit #1,
being the southerly 10' thereof. Recorded in Record Book 123,
Page 141 of the Public Records of Indian River County, Florida.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 85-28, providing for the release of
10 -ft. rear lot easements on Lots 8, 9, 10, 11,
28, 29, 30 and 31, Block D, Unit #1, Pine Lakes
Estates Subdivision, as requested by John D.
Lisle, Sr.
1.1
RESOLUTION NO. 85-28
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the rear
Lot 10' easement of Lots 8, 9, 10, 11, 29, 30, and 31, Block D,
Unit #1, Pine Lake Estates, being the westerly 10' of Lots 8, 9,
10, & 11, Block D, Unit 1, Pine Lake Estates, and the easterly
10' of Lots 28, 29, 30, and 31, Block D, Pine Lake Estates, Unit
#1. Further, the side lot 10' easement of Lots 11 and 28, Block
D, Pine Lake Estates Subdivision, Unit 1, being the southerly 10'
thereof, according to the Plat thereof as recorded in Official
Record Book 123, Page 141, of Indian River County, Florida.
WHEREAS, said lot line easements were dedicated on the
Pine Lake Estates Subdivision, Unit #1 for public utility
purposes, and
WHEREAS, the request for such release of easements have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Pine Lake Estates Subdivision, Unit #1
shall be released, abandoned and vacated as follows:
The rear Lot 10' easement of Lots 8, 9, 10, 11, 29, 30,
and 31, Block D, Unit #1, Pine Lake Estates, being the
westerly 10' of Lots 8, 9, 10, & 11, Block D, Unit 1,
Pine Lake Estates, and the easterly 10' of Lots 28, 29,
30, and 31, Block D, Pine Lake Estates, Unit #1.
Further, the side lot 10' easement of Lots 11 and 28,
Block D, Pine Lake Estates Subdivision, Unit 1, being
the southerly 10' thereof, according to the Plat
thereof as recorded in Official Record Book 123, Page
141, of Indian River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
ApprovedXs fo
and legs rficiel#
"9'(andenbur
Atkr)rt�e
A5"TES
Freda Wright, C� rc
R 13 1995
This 13th day of March
, 1985.
BOARD O UNIX COMMISSIONERS
OF INDI R ER COUNTY,
BY:
Fatrick B.
Chairman
BOOK 0 FACE 1'30
I
_I
MAR 13 1985 BOOK CJS
D. Release of Easement - Robert R. Davis - Oslo Park
Subdivision, Unit 3
The Board reviewed the following memo dated 2/21/85:
rO: The Honorable Members DATE: February 21, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT
REQUESTED BY ROBERT R.
SUBJECT: DAVIS: LOTS 3 & 4
BLOCK F, OSLO PARK
Robert M. Keati g, P SUBDIVISION UNIT #3
Planning & Development Director
FROM: Joyce M. Hunt Q4 REFERENCES: R/E R. Davis
Code Enforcem t Officer DIS:JOYCE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of March 13, 1985.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Robert R. Davis, owner of
subject property, for release of the 10 foot common side lot
easement of Lots 3 and 4 Block F, Oslo Park Subdivision Unit
#3. Lots 3 and 4, Block F, Oslo Park Subdivision Unit 3 are
found in Plat Book 41 Page 19 of the Public Records of Indian
River County. These lots are 50 feet in width and 100 feet in
depth. It is Mr. Davis's intention to construct a
single-family residence on these lots.
The current zoning classification is R-1, Single Family Resi-
dential. The land use is LD -2, Low Density Residential up to
six units per.acre.
ALTERNATIVES AND ANALYSIS:
This request has been reviewed by Southern Bell, Florida Power
and Light Company, Florida Cablevision, the County Utility
Department and County Right-of-way Department. None of these
agencies had objections to,the release of these easements. The
Zoning staff analysis, which included a site visit, showed the
drainage would be adequately handled by the existing front and
rear swales.
It is the zoning staff's opinion that to release the common 10
foot side lot utility and drainage easement, being the north 5
feet of Lot 4 and south 5 feet of Lot 3, Block F, Oslo Park
Subdivision, Unit 31 would have no adverse effect.
RECOMMENDATION:
Staff recommends to the board, through adoption of a resolu-
tion, the release of the common 10 foot side lot utility and
drainage easement of Lots 3 and 4 Block F, Oslo Park Subdivi-
sion, Unit 3, Plat Book 4, Page 19 of the Public Records of
Indian River County.
8
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 85-29, providing for the release of
10 -ft. common side lot easements of Lots 3 and 4,
Block F, Oslo Park Subdivision, Unit #3, as
requested by Robert R. Davis.
9
MAR 13 1995
GE
800KPr,
J
LIAR 13 1995 BOOK 0 NI. F133
RESOLUTION NO. 85-29
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the 10 foot
common side lot easement of Lots 3 and 4, Block F. Oslo Park
Subdivision, Unit #3, according to the Plat thereof as recorded
in Plat Book 4, Page 19 of the Public Records of Indian River
County, Florida.
WHEREAS, said lot line easements were dedicated on the
Plat of Oslo Park Subdivision, Unit #3 for public utility
purposes, and
WHEREAS, the request for such release of easements have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Oslo Park Subdivision, Unit #3 shall be
released, abandoned and vacated as follows:
The 10 foot common side lot easement of Lots 3 and 4,
Block F, Oslo Park Subdivision, Unit #3, according to
the Plat thereof as recorded in Plat Book 4, Page 19,
of the Public Records of Indian River County, Florida
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 13th day of March , 1985.
BOARD OF UNTY COMMISSIONERS
OF IND IVERCOUNTY,
FLORI
BY:
1Ck B. O S,
Chairman
ATTEST:
Freda Wright, Jerk
DISCUSSION RE PROPOSED WELFARE DEPT. POLICY GUIDELINES
The Board reviewed the following memo dated 3/4/85:
TO: Honorable Board of �...
County Commissioners
THRU: Michael Wr�,�ht,
A,dministra�
THRU : Jeff Barto , ` QD
Director OMB
DATE: March 4, 1985 FILE:
SUBJECT: Proposed Welfare Dept.
Policy Guidelines
FROM: Joa dKixon REFERENCES:
Welface Department Director
As you are aware, the Welfare Department does not have written
policy guidelines which have been reviewed and approved by the
Board of County Commissioners.
I feel it is necessary the the Board of County Commissioners
and the Welfare Department endeavor to serve the needy residents
of our county to the best of our ability and accomplish goals
you feel are important.
I am attaching a proposed set of Guidelines, and request a work-
shop study at your earliest possible convenience. I will appre-
ciate receiving your input and suggestions for changes from our
present operation.
Administrator Wright requested the scheduling of a
workshop on this matter, but Chairman Lyons wondered whether
a workshop was needed in light of all the information that
has been furnished already.
Attorney Brandenburg reported that Assistant County
Attorney Jim Wilson has reviewed the 35 -page policy guide-
lines proposal submitted by the Welfare Dept. and found it
to be in order. He suggested that this matter be postponed
until the Commissioners have reviewed all the information
and adopt it at the next meeting.
All of the Commissioners, however, stated that they
had reviewed all the material submitted.
11
MAR 13 1985 BOOK 0 FP Gc 134
BOOK E0 F'A: F.j,35
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board adopt the
policy guidelines as presented with the
understanding that if there are further problems,
it could be brought back to the Board.
Commissioner Wodtke asked how these guidelines compare
to those followed by Brevard and St. Lucie Counties in terms
of assistance and qualification.
OMB Director Barton felt that is the reason Joann Mixon
needs some policy set so that Welfare has a guideline to
follow; she is asking if the Commission agrees with the
guidelines she has proposed.
Commissioner Scurlock believed that Commissioner Wodtke
was concerned about our County being more lenient and
attracting people from other counties.
Commissioner Wodtke questioned the $40 food allowance
and Director Mixon explained that periodically she checks
with the various local stores to see whether or not they
will accept vouchers and bill the County monthly; most of
them, however, do not have the ability to bill monthly nor
dd they care to. She pointed out that people want to shop
somewhere where the food and drugs are relatively
inexpensive and currently we are using Winn Dixie.
Administrator Wright stated that in the future they
would rotate the stores.
Commissioner Bowman pointed out that Eckerd Drugs has
four locations, but Director Mixon stated that Eckerd does
not want to bill us monthly for the vouchers.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
carried unanimously.
12
r � r
PUBLIC HEARING - ORDINANCE IMPOSING A MORATORIUM ON
RESIDENTIAL DEVELOPMENT IN EXCESS OF THREE UNITS PER ACRE ON
THE BARRIER ISLAND
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication,
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•Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
i
In the matter of
In the p Court, was pub-
lished in said newspaper in the Issues of jlk_�, 24
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 not promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me thisday o A.D. 19
'Bus a�na
qZj
(Clerk of the Circuit Court, Indian River County, Florida)
(SEAL)
13
MAR 13 1985 BooK. 60 Fn -136
b0•
FLORIDA jiy'l-5
7SUBJECT PROPERTY•
NOTICE IS HEREBY GWEN Mat
as the .overrule. body, wilf hold a
• WHEREAS. Orchid IslandIn Me unincorporated aro. at Indian River County sarbora a highly dy-
namo dna eedogldaly sensmvet coastal ecosystem. which is a subatehnal sconom is and eeotoal,
Cel inn and -0 ro Me Treasure Coast r.gnM and the State a Randa, and
WHEREAS, the Atlantic beacnes and dunes an Orclud
rid In ills orOptra� sof
River Couny represent One of Me few remaining
in Ow
Southeast Florida region. and
WHEREAS. Orchil Island m the unincorporated area of Indian River County herbora Sam 0100
eat erologrmly productive and expansive wetlands m the southeast Florida region. and
n
. WHEREAS. QrChd Island in the unincorporated area at Indian River Count is presently aam -
by timded pubic water and sewage faWrties, and
WHEREAS. 01" Wand in Me unincorporated area of Indian River County is Served W three
bodges. two In Zero Gy of Vero Beach and one at Wabasso. and one maim arterial. AtA. sod
WHEREAS. the existing Okm QPIrl: a ditralitlmumt on Orchid
l creating
serious health CA aev sty
transportation Iedbnas SL and m Dame Instances above capacity.
problems Including Lame congestion and evacuation
e uuala on C p� chid` Islaase ndhetandiaa begun creating
WHEREAS. the existing pus approved
omen land use posterns. Possible degradaton d to waters a Me Inman Roup. Me beacr►trpa
systems. and to wetlands of Orchid eland. and opas4 aid rermalmIng `� Orchid Is:
WHEREAS. there a a substsnta unOunt Ot additional devM
Land in me unincorporated area o1 Inaum River County. which
ipice It d vielfilied e>li rOco under "he he"
hSatety
rating Comprehensive PZoningu
n and Zoning O aman
an welfare problems. and a mite Stela of
WHEREAS, an October S. 1992. Governor Bob Gr.hM as Chief Planning Officer
Florida and m reeognmon a the eovwonmental and eeono and Ireind of of the Hutchinson Island
area and Me health and safety problems Mat exist Mere. appoints the HdOhmson Island Resource
.. Planning and Management Com mitee ("Ind Commmee., pursuant to Section 350.045. Florida Stat•
Inn, a parson of when mdudes the unorcorporated at" of Indian River Comfy on Orchil Wand.
BOOK 60 FACE 137
WHEREAS. ttro obdectivn a Me CommineG were ro organaa • vduntary. bprosta five, Mon.
pannm9 and management pogrom to reeave Ma lana use. eivwcomeniN, tr.raponation, burn•
• earro evawatan, and public auby problems m MG erea. ant prevent roture problems whch may
ands the area's resources. and
WHEREAS. pro Committee developed the Hutchinson eland Resource Management Plan ("Men'
.agement Plan") to aceomplah these defectives. and formally adopted the Management Plan on Oct•
odor S. 1983. dna
WHEREAS. the Commirtee readjourned on November 15. 1984- to evaluate each local govern•
menTs Compliance -in the Management flan and found partial Comph nce with
the transports-
ban
rManatt� !
Plan in Indian River County. nailing daa
g can" particularityIan faaunse. and
WHEREAS. the Committee has recommended that procedures be Infrared to designate the
�.
Hutchinson Island area. da:luding Mal porton of Innen River Comy On Orchid sand. as an area
I a critical State Concern pursuant to Section 380.05. Florida Statutes. unless the seal governments
within Me area. including Indian River County, come into full tomplance wits the Management
Plan. and
WHEREAS. Me Committee indicates that t0 C0111,01Y fury vnM Me Management Plan. Indian River
County must conduct a transportation and public mprevemen4 study and male the necessary
Comprehensive Plan amendments and :onmg changas to Impimront Me conclusions and recon► i
mitnda ions of the study. ria Sa to resolve th presets Is th! safety end wefare problems an Orchid i
Island In the unincorporated mea a Inman River County. and that Mase efforts must be approved !
by the Florida Departmental Cind. dy Adams, end
WHEREAS. the Committee mdteetoo Mat until the study is completed end the ComprafromaivG 1
Plan amendments and Zoning changes adopted. Indian River Count' ahaud ria approve admtlonat i
an
residential
develoMronnt at densly In excess a tlmSa ritaiaenta dwaioig urate per bumada acre.
anWHEREAS. under the Constitution and laws of Me State o1 Ftorda. Inman River County Me Ore
authority to unaenalee plamming studies ro address reedgnaed land use. transmnaton. hurnearro
evacuation. and pubic safety problems. and amend HS Compehenture Plan and change Its toning
ant land use regulatiOns to resowe such problems. Section 163.3161 et sed-. Flords Statutes. aro
WHEREAS. on September 26. 1984. the Indian River (:luny Board of County Commlavco-
hurrieaene evacuation problems eon�Orc�hia tsta:11naiteted aeaphay to a�ssessss Mess �8� and
recommend Inn adboom Ddrnprehensive Plan amendments and Zoom. changes to macre thew
i resolution as well as Implementation of the recommendations Of the Hutchinson Wand ResOure
1 Managemenmt Plan. and
WHEREAS. it a MB Intent of Ise Board a County Commnpstimers a Indian River County ("County
Commasrorfl to insure Mat nd undeercaOte conetrucuon a established which would frustrate the i
.oafs of Na Ong StiaY and pendnmg Cotmprehensive Plan amerdmente and tOmng coarges. d
a Ise desire of Me Comy Commission ro mnpose Mie mtenm mmatmnm on the development a
restdemial property on Orehd Island In the unrcorp SI area of Indian River Cbunty, and to gid
rchce that any development applications it has received shall be Subject to these pending COMprG•
h"Sive Pian amendments and
toning changes. and
NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF' 84
DIAN RIVER COUNTY. FLORIDA. that ._
SECTION 1.
AUTHORITY
The IioarO a Camm�iomra hSa Guttdnb ro adop M4 ordinance through Its genial npna•Imu-
ter count' powers Pursuant ro Arcate vid a tiro Florida Conastutan ams CsaprWS 723.1&1.252.3& .
arch 360 of the Florda Statutes. and an other applicable laws of the state of Flarda.
SECTION 2. '
ADOPTION OF TRANSPORTATION ELEMENT
OF MANAGEMENT PLAN
For the purpose at flus Interim moratorium Ordnance. Oro TreouporteUpn eeedon of tiro "urchin -
am Island Resource Management Pan C'Management Ptan'l is hereby adoptee as it fatly set torts
� theasassumpiwns upon Oppendix hm studnot y is bbaled � anhe d the trip generation ratesYSIS 01 film lirmcpatadt rM�n Ms .
PSL 1
BE TION..`
DEFINITIONS
(a) Benner Island shelf mean that piton a unincorporated Indian River CorMly yflW Gaal a Ow
• Salaam mean high-water ane a the Indian River.
(b) Development Approval shall mean any action of the Planning and Zoning Commission. Board
a County Commm ones. Board a Adjustment, administration, Commit"& boards. m employees
a tae Board a County Commtsstoners of Indian Rive County. epprovu 9. auMorizin.. m reeom-
mendird Infavor a am Comorehmnwa Plan amendmemL ate plan approval or preliminary pat aP 1
041 Unit shelf Include a0 types of development that provide lodging On a temporary or .
t mdnrotng. but not Ilnded to. emgte-tarry reSmdmntiaL umb. mul?temdy residential
mines. recrSatiora vemfe peas anti sbni4r uvea.
Development approvals Inn projects an tiro barrier island shall net be granted or reviewed rev any
project where the project's density exceeds three -residents amts per sere. In eaiculati� the maxi-
mum density allowed pursuant to Me Section- Our County will apply the Mrs." -u am per acro ctfma
ro Megross buldabte acreage of the protect We. as detailed In the Management Part
SECTION 5. 1
DURATION OF MORATORIUM
This moratorium anal racism In full force and effect until Indian River Count' domptetee its 01180+
ailand. adoptsrelevantrerelevathe Land ant Comprehensive,PlanPlan amendmentsum hurricane Bnd evacuationnregulatblem ions to PF�Ity 8�
areas these problama, and receives approval from the Flands Department of Community Affairs teat
the •tudY end Coinpralronamre Plan amendments and toning changes implement the retonm enda-
bo of ffro Managelnerlt Pian.
SEECTION &
DEVELOPMENT RESTRICTION FOR PROJECT AFFECTING .
ROAD CURRENTLY BEYOND CAPACITY
Not withstanding the foregoing. approval Shag am be granted for development oopacetion during
,,is mteme moratorium. it at the Mn of i4 review, any Ira in rim transportation network a the bar
vestige C (image an
nual) or 1 Impacted
l .1 Serby vice o iv_ soaaa�onl Orme � eamang haMebeyond �. m tip -
+•SECTION 7.
INCORPORATION IN CODE '
This Oremance shall be Incorporated into Me Code a Indian River County and the word "ordt-
. aanarnmay
many bbee�en moeree mire etter� ad oma appropriate purposes
and Me saetana a Mn
SECTION a -
SEVERABILITY
11 any provisiom of this Ordinance or Me application thereof to any parson Cr circumstance 15 held
invala, it is the legislative intent Mat Me invalidity Shall not affect other provisions or apptwd
lvans 01
fe";action whch can be given in effect wahOul the mveld Provision pr application, and to this Ind,
the Prowsrons m tm5 Section are declared se—abld.
SECTION 9 q
_ EFFECTIVE DATE
` Tse pmnerom a the Orarnmice Shen becpne ffective Imam r4oeipt from Me Secretary o1 the
State tit Ftprda a ducat aek.16419-1 Ua1 Md Ordmande tin beern road with the DePWVfMM
of S4 any pefsn discrete to to appeal airy dec4mon�pf—do ahe�inaY�eed to erisahats" Mat will
ver�hm
record Of the paceedm9S,amaQB which
includes iestnnmry and eviler" upon which Me 9Ppeal
record a the preceec'ngS ,
""'In—duan River county3
Board
at
County CAmmmmsiomef s ! .
Bt's-Patrcni B. Lyda. Chairman t
Feb. 21, March 5. =985.
14
The Board reviewed the following memo dated 2/26/85:
TO: The Honorable Members DATE: February 26, 1985FILE:
of the Board of
County Commissioners ORDINANCE IMPOSING A
MORATORIUM ON THE
REVIEW & APPROVAL OF
DIVISION HEAD CONCURRENC,�UBJECT: MENTRESIDONTIAL DEVELOP -
THE BARRIER
ISLAND
Robert M. Keatiing, MCP
Planning & Development Director
FROM' Art Challacombe Moratorium Ord.
Chief, Environmental PlaPX,�fRENCES: ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of March 13, 1985.
DESCRIPTION & CONDITIONS
On November 15, 1984, the Hutchinson Island Resource Planning
and Management Committee identified certain deficiencies in
Indian River County's compliance with the Hutchinson Island
Plan and recommended to the Governor and Cabinet that the
County undertake certain actions to correct those deficiencies.
If the. County does not take action which resolves these
deficiencies, the State Legislature could designate all of
Hutchinson Island, including Indian River County, as an Area of
Critical State Concern, thereby permitting the State to review
and approve all development orders on the barrier island.
On February 14, 1985, -the Planning and Zoning Commission held a
public hearing on a proposed ordinance imposing a moratorium
on the review and approval of residential development on the
barrier island. After listening to public input, the
Commission voted 3 -to -0, with one abstension, to recommend to
the County Commission that the moratorium ordinance be adopted.
ALTERNATIVES & ANALYSIS
The transportation requirements'of the Hutchinson Island Plan
have the most significant impacts on future barrier island
development. Of particular importance is the Plan requirement
that each unit of -local government approve only those projects
whose traffic generation will not exceed the capacity of the
principal transportation system. Since the County is in the
process of preparing a traffic impact analysis which will more
specifically determine the transportation system's capacity and
trip generation rates.for barrier island development, the Board
of County Commissioners felt that some mechanism should be put
in place which would restrict development and preserve the
County's options until the traffic impact analysis is complete.
Toward that end, the Board on February 6, 1985, adopted a
resolution limiting development on the barrier island to three
units per buildable acre. This moratorium ordinance would
serve to implement that resolution by formalizing the
development restrictions.
The proposed ordinance restricts all development approvals to a
maximum of three residential units per acre. As defined by the
ordinance, residential units include, but are not limited to:
15
MAR 13 1985 moK 60 Pn, 38
MAR 13 1995 BOOK C 0 FAGF ", 39
1) Single-family & multi -family units;
2) Hotels & motels;
3) Recreational vehicle parks
In calculating the maximum density on a particular parcel of
land, the ordinance allows a developer to cluster units on a
portion of the parcel, providing that the gross density for the
parcel does not exceed the three units per acre criteria. A
deed restriction or other legal document, which prohibits
further development of the remainder of the parcel, would be
required from the developer.
The ordinance is designed to keep the moratorium in force until
the issues related to land use, transportation, and hurricane
evacuation can be resolved by the County and accepted by the
Florida Department of Community Affairs, (D.C.A.). The
ordinance does not apply to projects that have previously
received site plan or preliminary plat approval.
RECOMMENDATION
Based on the above analysis and the Planning- and Zoning
Commission's recommendation, staff recommends that the
moratorium ordinance be approved.
Art Challacombe, Chief of Environmental Planning,
presented staff's recommendation for adoption of the
proposed moratorium ordinance. He explained that no date
can be set for the expiration of the moratorium until the
results of the traffic study are evaluated.
Planning & Development Director Robert Keating advised
that staff has been in contact with the Dept. of Community
Affairs several times this past month and they have
indicated that they are monitoring the actions of the County
very closely. He felt that it is very important to have
this moratorium in effect to indicate the County's good
intentions to comply with the Hutchinson Island Resource
Management Plan. He pointed out that only 750 developable
acres on the barrier island will be substantially impacted
by the density limit of 3 units per acre because more than
half of the barrier island is limited to 3 units per acre
now under the Land Use Plan.
16
Commissioner Scurlock reported that some residential
units on the barrier island are being used for motel/hotel
use on a short term basis. He felt we need to identify the
number of trips generated by the motel/hotel use, as opposed
to residential use, in order to determine how the owners are
going to be assessed to pay for any improvements that may be
called for when the traffic analysis is completed.
Director Keating advised that the traffic analysis
consultants are echoing Commissioner Scurlock's opinion that
rental units significantly increase the number of trips
generated.
Commissioner Scurlock did not know if the rentals were
an allowable use in a residential zoning district, and
though he is not opposed to the rentals, he just wanted to
make sure that we collect the proper impact fees.
Commissioner Wodtke understood then that the moratorium
is only going to affect the LD -2 and would give the LD -1
area the maximum allowable density.
Administrator Wright announced that a preliminary
traffic analysis would be brought to the Board sometime in
mid-April as the consultants have asked for an extension due
to employees being out sick during the recent flu outbreak.
Commissioner Scurlock believed that an impact ordinance
could be in place by August or September.
Commissioner Wodtke suggested that we insert a definite
timeframe into the ordinance, but Attorney Brandenburg
recommended against that because it would involve a very
cumbersome notification process if the time limit had to be
extended at some later date.
Commissioner Lyons felt it was premature to amend the
proposed ordinance at the present time.
Chairman Lyons opened the Public Hearing and asked if
anyone wished to be heard in this matter.
17
MAR 13 3985 aooK 0
J
MAR 13 1935 BOOK 60 FnE 141
T. M. Boyd of St. Petersburg, Florida, objected to the
proposed ordinance in behalf of himself, his wife, and other
owners of approximately 100 acres located in the area
affected by the moratorium. Mr. Boyd explained that when
the property was purchased in 1953, the owners felt the
grapefruit groves would produce a reasonable return on their
investment, and that if they did not, they had the option of
selling the property to a developer. However, that
alternative is now in jeopardy due to the moratorium. He
noted that they have already experienced severe cutbacks in
zoning on this property by having the densities lowered from
12 units per acre to 6 -units per acre. The owners feel that
their ability to receive a fair price for this property will
be impaired if the densities are further reduced. They feel
that the vast amount of undeveloped property left on the
barrier island will go residential and urged the Commission
to determine a plan that would distribute equally all
residential units to all property owners in this area.
Director Keating believed that some of the property was
already zoned 3 units per acre and that some of it even
might be in the Town of Orchid, which has a limit of one
unit per acre.
Commissioner Bird expressed some surprise that these
owners were concerned about the moratorium, because without
_. it, all the available trips could be used up by the time -
they are ready to develop the property.
Mr. Boyd felt that the property in question already has
been affected to some extent.
Commissioner Wodtke felt that there was concern that if
higher densities were allowed after the traffic analysis is
completed, the resulting impact fees for improvements would
make it economically impossible to build.
Ed Schlitt, 4745 Pebble Way Circle, representing a
coalition of 100 property owners on the barrier island
18
formed a few years ago with respect to the flood insurance
issue, stated that these owners realize the dilemma facing
this Commission, but feel that Indian River County limited
the densities to 6 units per acre early enough to assure
owners they could develop along the lines set by the
Comprehensive Land Use Plan. Mr. Schlitt argued that these
properties would have been developed already if utilities
had been available, and urged the Board to give some
consideration to the utility contributions made by these
property owners.
Chairman Lyons emphasized that the Board is caught in
the middle between the State and the property owners.
Commissioner Scurlock pointed out that our Comp Plan
already includes specific traffic levels and that by lifting
the moratorium there would be 50,000 trips for the LD -2 area
alone.
Jeanette Lier, representing the Town of Orchid, felt
that until the traffic study is completed, the County
Commission could only follow the Hutchinson Island Resource
Management'Plan as to the traffic trips generated. In
addition, she confirmed that the Town of Orchid is at 1 unit
per acre density.
Bob Irwin of New Hampshire stated that his family
purchased their property on the island in 1972 and have paid
a great deal of taxes over the years without using any of
the County facilities. He remembered back when the Wabasso
Bridge was built and their suggestion was ignored to set AIA
1400 feet further away from the ocean. Mr. Irwin also
recalled that in the past property owners in that area
fought against proposed higher densities of 64 and 37 units
per acre. He explained that the moratorium would not affect
him personally, but it would affect many good people who
have put up a great deal of money. Mr. Irwin felt that 6
units per acre could be allowed on some of the acres left in
19
MAR 13 1985 Booz CO rnE 142
MAR 13 1985,
BOOK
60
1.43
the northern part of the island.
He stressed that
the
property owners wish to participate in the transportation
analysis process and want to be notified of any meetings.
Administrator Wright announced that the traffic
analysis portion of the Barton-Ashmann report will be ready
for the April 16th meeting of the Transportation Planning
Committee.
Charles Regner, 1960 Pebble Path in Summerplace, stated
that everything that he has heard today seems to be in self
interest. He realized the County was interested in getting
taxes and people wanted to make profits on their property,
but it seemed to him that everyone is interested in just
themselves and not what is best for the island overall.
Attorney William Caldwell, speaking in behalf of the
developer of the Orchid Beach Club, suggested that an
expiration date for the moratorium be set before another tax
roll comes along in December. In addition, he believed
that what the Board is actually doing today is adopting the
traffic analysis part of the proposed ordinance. He
recalled that when he appeared before this Board last month
to argue the site plan of the -Orchid Beach Club, he had felt
that it was wrong that a developer should be stopped dead
after spending a great deal of effort and money in preparing
a full blown site plan. Attorney Caldwell again asked the
Board to either exempt them from the effect of the ordinance
or allow site plans that have been submitted prior to today
to proceed. He expressed concern that the site plan will be
subjected to further requirements by State laws such as
moving construction setback lines further back. He believed
that the moratorium resolutions were adopted without giving
adequate notice to the property owners involved and that,
according to case law, the moratorium should not go into
effect until the ordinance is adopted today.
20
Attorney Brandenburg felt there has been ample case law
and other authority that gives the County Commission the
ability to delay a decision on a development until they can
obtain the necessary information to determine whether or not
that development is going to create hazards or hurt the
overall planning, transportation and basic welfare of the
community. He believed the Commission did exactly that when
it adopted the interim resolutions, and stated he would feel
very comfortable in litigating this matter.
Attorney Caldwell did not agree. He continued to argue
that the Orchid Beach Club site plan was a unique situation,
and that it should be allowed to proceed because it was the
only site plan up for approval just before the resolution
was adopted in November.
Chairman Lyons wondered whether the Orchid Beach Club
site plan should be argued separately, and Commissioner
Scurlock noted that it was not on today's Agenda.
Commissioner Wodtke felt that it is pertinent to
discuss the site plan today.
Attorney Brandenburg advised that if the ordinance is
adopted today, their site plan will be included in the
moratorium just like everybody else.
Chairman Scurlock recalled that the site plan had
already been discussed at some length last month and the
Commission had voted to include it in the moratorium.
Attorney Caldwell felt this was the time to discuss it
because if the moratorium ordinance was adopted today, it
would be included. He explained that the property is
located approximately 600 feet north of Summerplace - 25
acres east of AIA and 5 acres west of AIA - and that this
area is the only multiple -family zoning in the county north
of Wabasso.
Director Keating stated that the applicant is proposing
a multi -family development with units clustered on the east
21
MAR 13 1985 BOOK 60 FAGE144
MAR
13
1995
. BOOK 6 0 FADE 145
side of
AIA and recreational facilities on the west side.
The overall density will not exceed the 6 units per acre
maximum for the area that is delineated. Director Keating
explained that staff has advised the applicant that they
could put in part of the development now at 3 units per acre
and then develop the area at 6 units per acre after the
moratorium is rescinded.
Chairman Lyons pointed out that apparently they are not
stopped dead in the water.
Attorney Caldwell noted that they would be gambling on
higher densities in that case, and Commissioner Scurlock
felt that if he were in such a position, he would not take
that risk, but would instead wait for another two months to
see what the traffic study will allow.
Attorney Caldwell believed that they have waited long
enough and pointed out that the site plan was submitted in
November.
Attorney Brandenburg explained that the County has no
better information with regard to the traffic analysis on
the barrier island other than what is contained in the HIMP
and the County has taken upon itself to hire a traffic
consultant to find out if those figures are accurate. The
analysis is referred to in the ordinance because there are
several terms which are used in the transportation plan that
are necessary to use in determing how many units can be
placed on a piece of property using the 3 units per acre
basis, such as what constitutes a developable acre of
property, trip generation rates and the allocation of the
trips. The County Attorney noted that the plan has been
available for anyone to look at for the last four or five
months.
In conclusion, Attorney Caldwell again urged the Board
to consider leaving this particular development out of the
moratorium.
22
Beulah Law, 2772 Cortez Avenue, stated that she owns
two lots in Ambersand and would like to see the island stay
the same; she favored the very lowest densities possible.
John Beranek, resident of St. Lucie County, felt that
the moratorium is the best solution that he has heard and
wished Indian River County all the luck in the world.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board adopt
Ordinance 85-22 as presented.
Attorney Brandenburg suggested the deletion of the
third whereas clause on Page 3 of the proposed ordinance
which contains reference to development at 3 units per acre,
when the HIMP actually recommended 1 unit per acre.
Commissioner Bird suggested the expiration date of
December 31, 1985 or sooner be included in the ordinance.
COMMISSIONERS SCURLOCK AND BOWMAN agreed to
modify their Motion to include the expiration date
of December 31, 1985 and the deletion of the
whereas clause recommended by the County Attorney.
Commissioner Wodtke wondered what our legal position
would be if someone asks why we didn't restrict the LD -1
area.
Chairman Lyons felt we are saying that we do not
anticipate any problems in accommodating traffic in the LD -1
area.
23 BOOK F' -F 146
MAR 13 1995
J
MAR 13 1995 soon 60 F,�0 x.47
Commissioner Scurlock believed that developers could go
ahead and be consistent with the plan by phasing in their
projects.
Attorney Brandenburg advised that they could not change
the LD -1 restrictions today as that would require a separate
public hearing. He believed, however, that the County will
experience no legal difficulty putting zoning in place that
will be consistent with the transportation analysis and
adopting an impact fee.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
carried unanimously.
24
INDIAN RIVER COUNTY ORDINANCE NO. 85 - 22
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, IMPOSING A MORATORIUM ON
THE REVIEW AND APPROVAL OF RESIDEMIAL DEVELOPMENT IN
EXCESS OF THREE UNITS PER ACRE ON ALL PROPERTY LOCATED IN
THE UNINCORPORATED PORTION OF THE BARRIER ISIAND IN
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR: AUTHORITY;
ADOPTION OF TRANSPORTATION E:EZEam OF HUTCHINSON ISLAND
RESOURCE MANAGEMENT PLAN; DEFINITIONS; MORATORIUM;
DURATION OF MORATORIUM; DEVELOPMENT RESTRICTIONS FOR
APPLICATIONS AFFECTING ROADS CURRENTLY BEYOND CAPACITY;
INCORPORATION IN CODE; SEVERABILITY; AMID EFFECTIVE DATE.
WHEREAS, Orchid Island in the unincorporated area of Indian River
County harbors a highly dynamic and ecologically sensitive coastal
ecosystem, which is of substantial economic and ecological importance to
the Treasure Coast region and the State of Florida, and
WHEREAS, the Atlantic beaches and dunes on Orchid Island in the
unincorporated area of Indian River County represent one of the few
remaining naturally functioning beach -front systems in the southeast .
a
Florida region, and
WHEREAS, Orchid Island in the unincorporated area of Indian River
County harbors some of the most biologically productive and expansive
Wetlands in the southeast Florida region, and
WHEREAS, Orchid Island in the unincorporated area of Indian River
County is presently served by limited public water and sewage facilities,
WHEREAS, Orchid Island in the unincorporated area of Indian River
County is served by three bridges, two in the City of Vero Beach and one at
Wabasso, and one major arterial, AIA, and
WfEREAS, the existing plus approved development on Orchid Island will
place these existing transportation facilities at, and in scme instances
above capacity, creating serious health and safety problems including
traffic congestion and evacuation concerns in case of hurricane, and
vami AS, the existing plus approved development on Orchid Island has
also begun creating other land use problems, possible degradation of the
waters of the Indian River, the beach -front systems, and the wetlands of
Orchid Island, and
Wim, there is a substantial amount of additional developable land
remaining on Orchid Island in the unincorporated area of Indian River
County, which if developed under the County's existing Comprehensive Plan
MAR 13 199 BOOK
FA 148
I
MAR 1-3 1985 . BOOK 60 49
and Zoning Ordinance will exacerbate these recognized health, safety and
welfare problems, and
WHEREAS, on October 8, 1982, Governor Bob Graham, as Chief Planning
Officer of the State of Florida and in recognition of the environmental and
economic treasures of the Hutchinson Island area and the health and safety
problems that exist there, appointed the Hutchinson Island Resource
Planning and Management Committee ("the Committee") pursuant to Section
380.045, Florida Statutes, a portion of which includes the unincorporated
area of Indian River County on Orchid Island, and
WHEREAS, the objectives of the Committee were to organize a voluntary,
cooperative resource planning and management program to resolve the land
use, environmental, transportation, hurricane evacuation, and public
facility problems in the area, and prevent future problems which may
endanger the area's resources, and
WHEREAS, the Committee developed the Hutchinson Island Resource
Management Plan ("Management Plan") to accomplish these objectives, and
formally adopted the Management Plan on October 6, 1983, and
WFEREAS, the Committee readjourned on November 15, 1984, to evaluate
each local government's compliance with the Management Plan and found
partial compliance with the Management Plan in Indian River County, noting
certain deficiencies particularly with respect to the transportation
facilities, and
WHEREAS, the Committee has recaTuended that procedures be initiated to
designate the Hutchinson Island area, including that portion of Indian
River County on Orchid Island, as an area of critical State concern
pursuant to Section 380.05, Florida Statutes, unless the local governments
within the area, including Indian River County, cane into full compliance
with the Management Plan, and
MUMAS, the Committee indicates that to comply fully with the
Management Plan, Indian River County must conduct a transportation and
public improvements study and make the necessary Comprehensive Plan
amendments and zoning changes to implement the conclusions and
recamuezdations of the study, so as to resolve the present health, safety
and welfare problems on Orchid Island in the unincorporated area of Indian
River County, and that these efforts must be approved by the Florida
Department of Cam mnity Affairs, and
WHEREAS, under the Constitution and laws of the State of Florida,
Indian River County has the authority to undertake planning studies to
address recognized land use, transportation, hurricane evacuation, and
public safety problems, and amend its Carprehensive Plan and change its
zoning and land use regulations to resolve such problems, Section 163.3161
et. seq., Florida Statues, and
WHEREAS, on September, 26, 1984, the Indian River County Board of
County Commissioners, in recognition of these state and local concerns
about the present land use, transportation, and hurricane evacuation
problems on Orchid Island initiated a study to assess.these problems and
recamtend for adoption Comprehensive Plan amendments and zoning changes to
insure their resolution as well as implementation of the reccmTendations of
the Hutchinson Island Resource Management Plan, and
MMWAS, it is the intent of the Board of County Commissioners of
Indian River County ("County Commission") to insure that no undesirable
construction is established which would frustrate the goals of this ongoing
study and pending Comprehensive Plan amendments and zoning changes, it is
the desire of the County Commission to impose this interim moratorium on
the development of residential property on Orchid Island in the
unincorporated area of Indian River County, and to give notice that any
development applications it has received shall be subject to these pending
Comprehensive Plan amendments and zoning changes, and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY commISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1.
AUTHbRITY
The Board of Commissioners has authority to adopt this ordinance
through its general non -charter county powers pursuant to Article VIII of
the Florida Constitution and Chapters 125, 163, 252.38, and 380 of the
Florida Statutes, and all other applicable laws of the State of Florida.
SECTION 2.
BOOK E0 PAGE 150
r
LIAR 13 1995 mu x.51
ADOPTION OF TRANSPORTATION ELEMENT
OF YANAGflN]T PLAN
For the purpose of this interim moratorium Ordinance, the
Transportation section of the Hutchinson Island Resource Management Plan
("Management Plan") is hereby adopted as if fully set forth herein (see
Appendix 1), including but not limited to the analysis of the principal
transportation system, the assumptions upon which the study is based, and
the trip generation rates set forth in the Management Plan.
SECTION 3.
nF!FTW9,rrr1NC
(a) Barrier Island shall mean that portion of unincorporated Indian
River County lying east of the eastern mean high -rater line of the Indian
River.
(b) Development approval shall mean any action of the Planning and
Zoning Commission, Board of County Commissioners, Board of Adjustment,
administration, committees, boards, or employees of the Board of County
Commissioners of Indian River County, approving, authorizing, or
recommending in favor of any Comprehensive Plan amendment, site plan
approval or preliminary plat approval.
(c) Residential Unit shall include all types of development that
provide lodging on a temporary or permanent basis including, but not
limited to, single-family residential units, multi -family residential
units, hotels, motels, recreational vehicle parks and similar uses.
SECTION 4.
Development approvals for projects on the barrier island shall not be
granted or reviewed for any project where the project's density exceeds
three -residential units per acre. In calculating the maxis m► density
allowed pursuant to the Section, the County will apply the three -units per
acre criteria to the gross buildable acreage of the project site, as
defined in the Management Plan.
SECTION 5.
DURATION OF MORATORIUM
This moratorium shall remain in full force and effect until December
31, 1985.
I
17,
SECTION 6.
ar ft) W Ini • •• ••• a a
ROAD CURRENTLY BEYOND CAPACITY
Not withstanding the foregoing, approval shall not be granted for
development application during this interim moratorium, if at the time of
its review, any link in the transportation network of the barrier island
that is significantly impacted by traffic from the proposed project is
beyond Level of Service C (average annual) or Level of Service D (peak
season) considering only existing traffic.
SECTION 7.
INCORPORATION IN CODE
This Ordinance shall be incorporated into the Code 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 purposes.
SECTION 8.
If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, it is the legislative intent that
the invalidity shall not affect other provisions or applications of this
Section which can be given in effect without the invalid provision or
application, and to this end, the provisions of this Section are declared
severable.
J2T=IVE DATE
The provisions of this Ordinance shall become effective upon receipt
from the Secretary of the State of Florida 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 the 13th
1985.
day of March
BOARD OF COUNTY COVHISSIONERS
OF INDIAN RIVER COUNTY
BUCK. 60 FADE 152
J
r
BOOK 60 P'GE 5 3
Acknowledgment by the Department of State of the State of Florida this
25th day of March , 1985.
Effective Date: Acknowledgement fran the Departr mt of State received on
this 2 8th day of March , 1985, at 2:00 A.M. P.M. and
filed in the office of the Clerk of the Board of County Cc mi.ssioners of
Indian River County, Florida.
LEGAL
Y RANDENBURG,
Co
Attorney _
PROPOSED ORDINANCE FOR FAMILY MEDIATION AND CONCILIATION
GF.RVTrR9
Attorney Brandenburg reviewed the following letter from
Judge Charles E. Smith dated 2/27/85:
CHARLES E. SMITH
CIRCUIT JUDGE
February 27, 1985
*de of ` I'.."....
�ixtet� J�;a�t tit
T0: Lawrence Barkett, President
Indian River County Bar Association
RE: Family Mediation
ova- 4—
MAR1985
RECEIVED
COQ Attorney-,,
Qua
238 COUNTY COURTHOUSE
VERO BEACH. FLA. 32660
PHONE: (3051567-6000 EXT. 328
Enclosed is a copy of a recently adopted Martin County
Ordinance. I would like to have a similar ordinance passed for
Indian River County to implement F.S. 749.01. I want to emphasize
-to the Bar that under this statute, the referral to family media-
tion is discretionary with the judge and would not be required in
every case.
s
30
I
Would you let me have cAygarmentsIand :suggest ions that
the Bar may have concerning this proposed ordinance? Also, I
would like to have any comments from the judges. I am sending
a copy of this to Gary Brandenburg so that he can review it. If
be has any suggested changes, he can let me know.
Please let me have an answer within one month. Thanks.
P'.Waul awr
i ,- .
The Commissioners expressed their interest in the
County implementing family mediation and conciliation
services and directed the County Attorney to proceed in
determining the economics of the matter before bringing it
back to the Board.
LETTER OF COMMITMENT ON FINANCING OF SR -60 WASTEWATER
PROJECT
Attorney Brandenburg advised that the County intends to
pledge the liens assessed for the building of the SR -60
wastewater system towards a bond with Florida National and
recommended that the Board authorize the Chairman to sign
the Letter of Commitment negotiated with the bank this past
week. He advised that the Letter of Commitment from Florida
National is satisfactory both from a legal standpoint and an
administration standpoint and that bond counsel has reviewed
it also and found it to be in good form.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the Board
approve the recommendation by the County
Attorney.
Commissioner Bird asked what procedure was used in
soliciting banks for this type of financing.
31
MAR 13 1935 Boor 60 pecF.x.54
MAR 13 1935 BOOK C 0 Fg,,F1 55
Administrator Wright explained that they had struggled
with this matter for two months and had talked with 6 or 7
banks, but Director Barton wanted the whole issue to go with
the same bank. He pointed out that it is an unrated junior
lien which is really a second mortgage.
OMB Director Jeff Barton believed it is unique in the
way it is structured.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
(LETTER OF COMMITMENT IS ON FILE IN THE OFFICE OF THE CLERK)
SOUTH COUNTY FIRE ADVISORY COMMITTEE REPORT
Commissioner Scurlock reported that the Fire Advisory
Committee decided at yesterday's meeting to ask this Board
for direction in regard to the County assuming
administration of the District for the coming year.
Administrator Wright felt that the collective
bargaining should not be separated from the administration
because if we have the responsibility and the liability, we
should have the day to day control.
Commissioner Scurlock recommended that we notify the
City of Vero Beach that we plan to assume those
_ responsibilities in the upcoming year as well as assume the
collective bargaining aspect this year without any
additional compensation. He felt the County could assume
this function with just a minimal addition to staff.
Administrator Wright did not anticipate adding more
than one person, if that, and noted there is an additional
$160,OOOin compensation to help offset that cost. He
advised that the change over date would be at the end of the
fiscal year, but collective bargaining would begin in May
when the contract opens up.
32
� r �
MOTION WAS MADE by Commissioner Wodtke, SECONDED
by Commissioner Scurlock that the Board authorize
staff to notify the City of Vero Beach that the
County will be taking over the administration of
the South County Fire District.
Chairman Lyons noted that while the City of Vero Beach
really helped us out by handling the administration of the
District during the time of great expansion, the time is -
right for us now to go ahead and assume that responsibility.
Commissioner Scurlock felt that Tom Nason needs to be
given credit and that a letter should be written thanking
him for doing such an outstanding job.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
Attorney Brandenburg believed that the Board has to
request that the pension plan also be transmitted over to
the County.
Chairman Lyons directed Administrator Wright and the
County Attorney to write the letter to be sent out over his
signature.
PROCLAMATION - EMPLOY THE OLDER WORKER WEEK
Chairman Lyons read aloud the following proclamation
which will be forwarded to the State Department of
Employment.
33
MAR 13 1985 BOOK UO FAG,E.156 II
MAR 13 1985
P R O C L A M A T I O N
BOOK 60 Par,F 5
WHEREAS, the week of March 10th through 16th, 1985 is
being observed throughout the United States as "National Employ
the Older Worker Week"; and
WHEREAS, nearly 40 million working Americans are
currently middle-aged or older, holding productive positions in
all levels of industry and government; and
WHEREAS, despite a wealth of evidence that older workers
are among the most skilled and productive in our society, workers
over forty who do lose their jobs commonly have great difficulty
in finding new employment; and
WHEREAS, employer reluctance to hire these workers not
only creates hardships for many during the prime of their lives,
but also results in disproportionate public expenditures on un-
employment insurance for older workers and causes an insidious
productivity loss through the neglect of valuable skills and
experience; and
WHEREAS, "National Employ the Older Worker Week" is a
good time for each of us to examine our attitudes toward older
workers and to resolve to hire on the basis of ability, and not
age, as a matter of basic fairness and good business judgment.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that the week of March 10th
through 16th, 1985, be observed in Indian River County as
"EMPLOY THE OLDER WORKER WEER"
in recognition of the value of older workers everywhere and the
need to eliminate age discrimination in the workplace.
BOARD 0
INDIAN/
COMMISSIONERS OF
Attest: f !�
BY r t XJ
FREDA WRIGHT J
Clerk of Circuit Court
34
PUBLIC HEARING - PLAT VACATION REQUEST - OLD SUGAR MILL
ESTATES, UNIT 2
The hour of 11:15 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 �
i� L�
U
in the matter of Cs' Ile
in the Court, was pub-
lished in said newspaper in the issues
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me thisday q.p, 1g
(Bu I e Man ,
(SEAL) (Clerk of the Circuit Court, Indian River County, Florida)
35
r
harin— PUBLICHEARING of hearing to consider vacating app,
tion of the plat of Old Sugar Mill Estates Un
Two, Plat Book 10,'Page 62, Public Records, 'S
Indian River County, Florida.
The subject ro rta '
Begin at the psouutthw southwest erroof Lot 8 4
Old Sugar Mill Estates, . Unit 2 .as re-...
corded 1n • Plat Book 10, Page 62, of the,
Public Records of Indio Rivet County,
Florida. Thence north 89, 06' 01" east, a
distance of 185.02 feta; thence north 0°, ,
53' 59" west, a distance Ot 87.52 feet to '
the intersection of 49th Avenue and 13th
Place, as shown on said plat of Sugar
Mill Estates, Thence due east, a distance
of 181.08 feet; thence north 0° 53;.59^
west, a distance of 195.00 feet; .thence
"due •west, a distande of 123.80 ,feet;
thence north 74° .W..44„ west, �• dYs-
Lance of 70.10 feet thence south 89° 06'
-of- -.-West. a dlstence of 1i5s2" feet;
thence south 0° 53' 59" east, a distance
of 299.48 feet to the POINT -OF BEGIN- :.
NINO. This described area includes Lots
-6, 7, and 8 of said plat and approximately
2 acres of land, tying wholly in Indian •.
River County, Florida. }
The Board of County Commissioners will con
duct a public hearing regarding the plat vacahol
request. The public hearing, at which parties h
Interest and citizens shall have an opportunity U
be heard, will be held by said Board of Count
Commissioners in .the County Commissiol
Chambers of the County Administration Building
located at 1840 25th Street, Vero Beach, Florida
on Wednesday, March 13, 1985 at 11:15 a.m.
If any person decides to appeal any decisio
made on the above matter, he will need a recon
of the proceedings, and for such purposes, tM
may need to ensure that a verbatim record of th,
proceedings is made, which includes testimon
and evidence upon which the appeal is based.
Indian River County f,
Board of County Commissioners
By: -s -Patrick B. Lyos, Chairman
Feb. 21, March 5, 1985.
BOOK 6,0 P,�r_.F 158
rMAR 12 1985 �+'�
BOOK 0 F''F
The Board reviewed the following memo dated 2/28/85:
TO: The Honorable Members DATE: February 28, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
PLAT VACATION REQUEST
SUBJECT: FOR A PORTION OF OLD
Robert M. Keatiig, CP SUGAR MILL ESTATES
Planning & Development Director UNIT TWO SUBDIVISION
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: Stan Boling -50.'9, REFERENCES:
Staff Planner
It is requested that the following information be given
formal consideration by the Board of County Commissioners at
their regular meeting on March 13, 1985.
DESCRIPTION AND CONDITIONS:
The applicants, Elsebeth M., Ralph Waldo, and Charles
Randolph Sexton and John R. and Barbara S. Tripson, request
that the Board of County Commissioners vacate a portion of
the plat of Old Sugar Mill Estates Unit Two subdivision.
The portion of the plat to be vacated consists of Lots 6, 7,
and 8 of the subdivision, and that part of the 49th Avenue
County right-of-way between these three lots.
The applicants are requesting that this portion of the Old
Sugar Mill Estates Unit Two plat be vacated so that it may
be replatted as a portion of the proposed Unit Three plat.
The proposed Unit Three final plat is designed to straighten
the existing curve in the 49th Avenue right-of-way,
extending it due north from Lot 6. By straightening the
49th Avenue right-of-way at this point, the existing and
proposed subdivision units could have a better integrated
street design.
ALTERNATIVES AND ANALYSIS:
According to Chapter 177.101 of the Florida Statutes, the
Board of County Commissioners must ascertain three facts
before it approves a plat vacation request. These facts
are:
1) that the applicant(s) hold fee simple title to the
land for which the request is being made,
2) that the vacation, if approved by the Board of
County Commissioners, will not affect the ownership
or right of convenient access of residents within
the subdivision.
3) that all back taxes on the subject property have
been paid.
Z
The applicants have submitted deeds to' the Planning Depart-
ment showning that they hold fee simple title to the land in
question. No lots within the subdivision will have their
means of access affected by a partial plat vacation. Also,
documentation has been submitted by the Indian River County
Tax Collector's office certifying that all back taxes on the
property have been paid.
Thus, all state requirements concerning plat vacation have
been met.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners
adopt a resolution vacating a portion of the Old Sugar Mill
Estates Unit Two subdivision plat consisting of Lots 6, 7, _
and 8 and the 49th Avenue County right-of-way between these
lots.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, that the Board approve
staff's recommendation of the plat vacation
request.
Under discussion, Planner Stan Boling advised that the
applicant had requested that no action be taken today and
that the matter be postponed until the March 27th meeting.
COMMISSIONERS SCURLOCK AND WODTKE WITHDREW
THEIR MOTION.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
continued the Public Hearing until March 27, 1985.
REPORT ON NACo CONFERENCE
Commissioner Wodtke reported that there was a great
turn out at the recent conference held in Washington, which
marked NACo's 50th anniversary. Several sessions
concentrated on how proposed federal budget cutbacks would
affect county government. Two of the cutbacks would
37
MAR 13 1985 BOOK °0 , U.1��
J
•
BOOK Co
eliminate federal revenue sharing and the issuance of
industrial revenue bonds. Emphasizing that these were
proposed,cutbacks, Commissioner Wodtke reviewed many of the
items listed below:
Comparison of Current Law
and Treasury Proposal Highlights
cm
1986 Current Law`
Treasury Pr000sal
INDIVIDUAL TAX RATES
14 rate brackets
3 rate brackets
from 11 to 501
15, 25 b 359
EXEMPTIONS
Self, spouse
511090•
$2,000
Dependents
$1,090
$2,000
ZERO BRACKET AMOUNT
Single
Joint
$2,510
$2,800
Heaas of Household'
$3,710
$2,510
$3,800
53,500
INDEXED RATE BRACKETS,
Yes
Yes
EXEMPTIONS AND ZBA
'
PERSONAL DEDUCTIONS
Mortgage Interest
Yes
Yes, for principal
residences
Other personal interest
Yes
Limited to $5,000
over investment income
Medical expenses
Yes (above 51 of
Yes tabove 59 of AGI)
AGI)
Charitable contributions
Yes
Yes (above 2$
of AGI) but
no deduction for
unrealized gains on con-
tributed property.
State and local income tax
Yes
No
• Other State and local
Yes
axes
No, unless incurred in
income-producing activity.
TWO -earner decucti(;n
Yes
Vo
=4ER INDIVIDUAL
Earned Income Crad;_
Yes
—
Yes, indexed
Child Care Credit
Yesl�
Deduc,.;oh
Unemployment Compensation
Taxed if AGI over
Taxed
S12,000 (S18,000
if married)
Mockers' Compensation
Not taxed
Taxed, but
special cre%it i:)r aL�Wc:y
and disabled
Entertainment expenses
Deducted
No
Business meals and
' Travel Zxpenses
Deducted
Capped
Inccme shifting
to
to c:tildren
Permi=si5le
and
via trusts
cm
RETIREMENT SAVINGS
IRA
$2,000
$2,500
Spousal IRA
S 250
52,500
Corporate pensions
Tax deferred
Tax deterred
social Security
Generally not taxed
Generally not taxed
FRINGE BENEFITS
Health insurance
Excluded
Capped Exclusion
Group life and legal
Excluded
Taxed
insurance
CAPITAL AND BUSINESS INCOME
Corporate Tax Rates
Graduated, up to 461
339 flat rate
Dividend relief
$100/200 exclusion
Exclusion repealed; 509
dividend -paid deduction
Depreciation
ACRS
Economi=: depreciation,
indexed
Investment Tax Credit
6% - 109
Repealed
Capital gains
609 excluded
Indexed, taxed as ordi-
nary income
Interest income/expense
Fully taxed/deducted
Indexed, partially
excludable/nondeductible
Rehabilitation and energy
-Yes
No
credits
inventory accounting
J
LIFO conformity required
Yes
No •
FIFO
Not Indexed
Indexed'
Uniform production
No
Yes
Cost rules
Bad debt reserve
Yes
No
deduction
Installment sales
Deferral
No deferral is
ceceivaoLes pledged
OIL INDUSTRY
Percentage depletion
Yes
No; Indexed cost
depletion
Expensing of intangiale
Yes
No
drilling costs
windfall profits tax
Yes
Accelerate -phase-out
FINANCIAL INST:.UTICNS
Special bad deoc deduction
Yes
No
Deduction for interest.-
Yes
No
to carry tax -exempts
Exemption of credit
Yes
No
unions
Det,arral for -life insurance
Yes
;10
investment income ane
annuity income
'TUNIC:PAL BONDS
?u011C purrose
Tax-exempt
Tax-exempt
?rivate purrese
':ax-exenot
-axed
39
MAR 13 1985 BOOK 60 PnF. 162
MAR3
v.
1985
BOOK
PUBLIC HEARING
- AMENDMENT TO CABLE TELEVISION ORDINANCE
82-7
The hour of 11:45 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
--" 1 r
a
In the matter
In the
lished in said newspaper in the issues
Court, was pub -
I
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, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this - / /1 day O&L&/A.D. 19 � F
i
(SEAL) (Clerk of the Circuit Court, Indian River Coun ,Florida)
40
NOTICE OF PUBLIC HEARING'
The Indian River County Board of County Dorn=
missloners will hold a public hearing on March
13,. 1985„ at 11:45 _a^m., • in the Commission
Chambers located' at 1840 25th Street, Vero
Beach, Florida, to consider amending Ordinance
No. a2-7, known as the Indian River.. Inty
Cable Television Ordinance'' `
ORDINANCE No 95- `
_ AN `ORDINANCE OF THE BO
" ARD OP;a:'
COUNTY COMMISSIONERS OF INDIAX,41
RIVER.COUNTY, FLORIDA, AMENDING'4kel
'4yr3, DEFINITIONS. OF THE CODE OF-rt�j
`' '!LAws. "'8" ORDINANCES OF' INDIAN::
RIVER • COUNTY, . FLORIDA '(ORIGI- F*-;
NALLY ENACTED AS ORDINANCE 82,7-1
^-2rn: PERTAINING To CABLE. TELEWtV
- :''INGLUSIOIV OF (iMVS.� l�G�.C�.a vc;��
RIVED 'FROM' PREMIUM'.OR
:TIONAL PAY CHANNELS,�fkdttr
_BE tlf , ORDAINED By THE BOARD' OF .
COUNTY COMMISSIONERS OF. INDIAN. RIVER
COUNTY. FLORIDA, that
-SECTION
:Tire definition for "Gross Revemues'
enacted In 416-3, Deflnitlons,.ol the Indian River
County Code of Laws and .Ordinancss is hereby
amended to read; -.y1•, _.
Gross Revenues' -shall mean annual groes
revenues derived from operation of the cable.
system including, but not limited to, subscriber
revenue derived from suPPW9 premium, or
additional pay channel subscription servloe; 81+
Plying basic subscription cable television ser --
..vice; fees for regular and premium cable televi
Ston benefits including instailation fees, discal'
nect and reconnect fees; and all revenue derived
from the sale, rental, and/or installation Of sub-
scriber promises
equipment
.. -SECTION
- Effective Data _ The Provisioms'af 6his'ordE
nance shall become effsctive upon receipt from!
the Florida Secretary of State of official acknowl-
edgment that this ordinance has been filed with
the Department of State. . " `• ' '"'_'
Codification — Approved and adopted by the
Board of County Commissioners of Indian River
County, Florida. on this— day 011—t 11111115-
ATTESTEM
f=-,11l05-
ATTESTED
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY • _
By:.Patrick B. Lyons. Cl
By: Freda Wright, Clerk
Acknowledgment by the Department of State of
the State of Florida this — day of —.1985.
Effective Data. Acknowledgment from the De-
partment of State received on this— day of
1985, at a.m./p.m., and flied in the Office of
the Clerk of the Board of County Commissioners
of Indian Rivers County, Florida.
All interested persons are Invited to ttk meeting -
It any person decides to appeal any decision
made by the Board of County Commissioners
with respect to any • mater considered at Otis _
meeting, he/she witi need a record of the pro-
ceedings, and that for such Purpose he/she may
need to ensure that a verbatim record of the Pro-
ceedings is made, which record includes the
testimony and evidence upon the appeal Is to be
heard. --., `
Patrick B Lyoro, Chairman "�`
Indian River County
Board of County CommissioneM
Feb. 23, March 4.1985. :,, w
The Board reviewed the following memo dated 3/4/85:
,'O: The Honorable Members of (�A' March 4, 1985 FILE:
the Board of County Commissioners
THROUGH: Terrance G. Pint4eWces Director, Utilit
ECT:
CABLE TELEVISION
ORDINANCE 82-7
FROMgoyce S. Hamilt A�ar
REFERENCES: 1)Proposed
Franchise AdminisOrdinance
Utility Services
DESCRIPTION AND CONDITIONS:
- The Board, during a public hearing concerning cable television
rates held February 18, 1985, directed staff to revise the
definition of "Gross Revenues" as it is defined in Ordinance 82-7.
ANALYSES:
Ordinance 82-7 did not include language which would have allowed
the Board to collect franchise fees from gross revenues received
from the sale of premium/pay channel subscription services and
from the sale, rental, and/or installation of subscriber premises
equipment.
It has come to the attention of the Board that the County is
entitled,to receive franchise fees on these services.
Therefore, Ordinance 82-7'has been revised to amend the definition
of "Gross Revenues" to allow this additional source of revenue to
be included in the calculation of the franchise fee (Exhibit "1").
RECOMMENDATION:
The staff recommends the Board approve and authorize its Chairman
to execute the amended ordinance.
Franchise Administrator Joyce Hamilton presented
staff's recommendation for approval of the amended
ordinance.
Chairman Lyons opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Billy Crosby, Manager of Florida Cablevision,
questioned the definitions of "not limited to" and "sale of
equipment." He noted that Florida Cablevision does not sell
equipment other than minor odds and ends, and it would be
very troublesome for him to have to track these minor sales;
41
MAR 13 1985 Boor CIO FAcF 64
MAR 13 1985
BOOK
60 FnF
165
however,
if he was to sell $200 converters in the
future,
then he would agree to the franchise fee being charged on
revenue derived from the sale of equipment.
Ken Vickers, Manager of Jones Intercable, stated he had
no problem with that either as they do not sell equipment
direct; however, they do provide wire to home builders at
cost.
Attorney Brandenburg recommended 'the deletion of "sale"
from the last sentence in Section I so that the sentence
will read: "and all revenue derived from rental and/or
installation of subscriber premises equipment."
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
Attorney Brandenburg stated that the effective date of
the Florida Cablevision increase is March 1, 1985 and the
effective date for Jones Intercable will be the date this
amended ordinance becomes effective which is usually within
10 days from the date it is adopted.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-23, amending Ordinance 82-7 by
amending the definition of gross revenues to
provide for inclusion of gross receipts derived
from premium or additional pay channels.
42
ORDINANCE NO. 85-23 ,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING §41-3,
DEFINITIONS, OF THE CODE OF LAWS & ORDINANCES OF
INDIAN RIVER COUNTY, FLORIDA (ORGINIALLY ENACTED AS
ORDINANCE 82-7 §2(J); PERTAINING TO CABLE TELEVISION;
AMENDING THE DEFINITION OF GROSS REVENUES TO PROVIDE FOR
INCLUSION OF GROSS RECEIPTS DERIVED FROM PREMIUM OR
ADDITIONAL PAY CHANNELS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that;
SECTION I.
The definition for "Gross Revenues"; as enacted in §41-3,
Definitions, of the Indian River County Code of Laws and
Ordinances is hereby amended to read;
"Gross Revenues" shall mean annual gross revenues derived
from operation of the cable system including, but not limited to,
subscriber revenue derived from supplying premium or additional
pay channel subscription service; supplying basic subscription
cable television service; fees for regular and premium cable
television benefits including installation fees, disconnect and
reconnect fees; and all revenue derived from the rental, and/or
installation of subscriber premises equipment.
SECTION II.
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.
Codification - Approved and adopted by the'Board of County
Commissioners of Indian River County, Florida, on this 13thday
of March , 1985.
ATTESTED: BOARD OF COUNTY COMMISSIONERS
OF INDI IVER COUNTY
By,' ' _ r�J� By _
L _
Freda Wright, lerk Patrick B. Lyons C airman
Acknowledgment by the Department of State of the S teAppo
this 25th da of March _ and IP -0
_�� Y 19 8 5 .
ry . brandenbu g
tit
Effective Date: Acknowledgment from the Department of Attorae� �
received on this 28th day of March , 1985, at
--- .,
and filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
MAR 13 1985 BOOK UU Nld')F ILIU
MAR i -q 1985 BOOK C,0 P,1;E 167
DOCUMENTS TO BE MADE A PART OF THE RECORD
A. Resolution 85-26, adopted 3/6/85 - having been duly
executed and received is hereby made a mart of the Minutes
as approved at meeting of March 6, 1985.
(PRELIMINARY ASSESSMENT ROLL IS ON FILE IN
THE OFFICE OF THE CLERK)
44
� r �
RESOLUTION NO. 85- 26
• • n • • -;• n • - «ai-w• I •
• i� ••• � nes � i••,• � i� • •�
.' 1 P his ••. I` • DW • • VA a 12 •
12 I i• oi• • • I r• 1
WHEREAS, the County Public Works Department has received
a public improvement petition, signed by the owners of more than 2/3 of
the property in the area to be specially benefited, requesting paving
and drainage improvements to 16th Street between Kings Highway (58th
Ave.) and 51st Court; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost esti-
mates has been completed by the Public Works Division; and
WFMMS, the total estimated cost of the proposed im-
provements is $121,997.96; and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially bene-
fited, be in an amount equal to that proportion of thirty percent (30%)
of the total cost of the project which the number of acres of land in
the benefited area owned by the given owner bears to the total number of
acres within the area specially benefited, and shall be=re due and
Payable at the Office of the Tax Collector of Indian River County ninety
(90) days after the final determination of the special assessment
pursuant to Ordinance 81-27; and
WAS, Indian River County shall pay the remaining
seventy percent (700) of the total cost of the project; and
�, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a rate
established by the Board of County Commissioners at the time of
preparation of the final assessment roll, and shall be payable in two
(2) equal installments, the first to be made twelve (12) months from, the
due date and the second to be made twenty-four(24) months from the due
date; and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County Commissioners
has determined that the following described properties shall receive a
direct and special benefit from these improvements, to wit:
All land lying East of the East right-of-
way line of Kings (58th Avenue); South of
the South right-of-way line of the Indian
River Farms Water Control District's Main
Canal; and North of the North right-of-way
MAR 13 1985 BOOK C 0 PA ;F 168
MAR 13 1985 . Boor.
line of 16th Street (Rosewood Road); lying
in the Southwest ; of Section 4, Township
33 South, Range 33 East, Indian River
County, Florida
Together with
the land lying within the North ;j of the
Northwest ;4 of Section 9, Township 33
South, Range 39 East, Indian River County,
Florida
LESS County road right-of-way and Indian
River Farms Water Control District
Right-of-way.
co °;
B. Fully Executed Contract for Construction of Required
Improvements with Associates Management Group (Sanderling
Subdivision) is hereby made a part of the Minutes as
approved at the meeting of Feb. 20, 1985, conditioned upon
receiving letter from Thomas Collins of Associates
Management withdrawing his protest, which letter is attached
47
MAR 13 1985 Boor CO P',;F 70
J
CONSTRUCTION OF RE UI
NO.
BOOK rArF71
(FOR USE WITH A
LETTER OF CREDIT)
EM ENTS
THIS CONTRACT, made and entered into this a644 day of
F"rL494/ 1985 , by and between Associates Management GrouD.
Inc., a corporation existing
under the laws of the State of Florida, hereinafter referred to as
"Developer," and INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County
Commissioners, hereinafter referred to as "County."
W I T N E S S E T H
WHEREAS, Developer is commencing proceedings to effect a
subdivision of land within Indian River County, Florida; and
WHEREAS, a final plat of the subdivision within the
unincorporated area of Indian River County shall not be recorded
until the Developer has installed the required improvements or has
guaranteed to the satisfaction of the County that such improve-
ments will be installed; and
WHEREAS, Developer requests the approval and recordation
of a certain plat to be known as Sander -1-= Subdivision
and
WHEREAS, the required improvements are to be installed
after recordation of this plat under guarantees posted with the
County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
,AND PROMISES HEREIN CONTAINED, the parties agree as follows:
_.1. Developer agrees to construct on or before
�bmiary 1 -' 106 , in a good and wor)manlike manner,
those improvements described as follows:
ThOSe improvements approved by the land development permit. IM07 dated 2-b-85
or otherwise required by•the Code of Laws and Ordinances of Indian
River County in connection with the approval of said. plat. A copy
of the plat shall be recorded in the Public Records of Indian
River County, Florida upon the final approval of the Hoard of
County Commissioners and made a part hereof for all purposes.
2. Developer agrees to construct said improvements
strictly in accordance with the land development permit, the most
recent set of plans and specifications for this subdivision
approved by the County and on file'in the Planning and Development
Division, and all County development regulations and standards,
including conditions and requirements of any applicable County
right-of-way permit, all of which are hereby incorporated by
reference and made a part hereof.
3. In order to guarantee performance of this contract,
Developer shall simultaneously herewith furnish an irrevocable
letter of credit, having an expiration date of not less than
ninety (90) days beyond the date set forth in Paragraph 1, pro-
vided by a banking institution authorized to transact such busi-
ness in this state, in a form to be approved by the County, naming
Developer as customer and Barnett Bank of Central Florida.
as the underwriting bank, in the amount o
$_70.000.00 , which amount is not less
than one hundred and fifteen (115%) percent of the estimated total
cost of improvements remaining to be constructed, as determined in
accordance with the County's Subdivision and Platting Ordinance.
It is understood that the full amount of the letter of credit
-1- Rev. 3/1/84
shall remain available to the County and shall not be reduced
during the course of construction without an express written modi-
fication thereof executed by all parties. Requested reductions
shall not be unreasonably withheld by the County. Developer may
at any time substitute guarantees, subject to the approval as to
form and amount by the County.
4. Up to the limits of any applicable underlying or
excess insurance coverage carried by Developer or to be obtained
during the course of the construction of the subdivision `imp rove-
ments, Developer agrees to indemnify, hold harmless,' and defend
the County against any and all claims, damages, losses, and
expenses, including attorney's fees, for property damage, personal
or bodily injury, or loss of life, .arising from the negligent acts
or omissions of the Developer, its officers, employees, agents, or
contractors, subcontractors, laborers, or suppliers, relating to
the construction of the required improvements, including all those
improvements to be constructed on existing publicly dedicated or
County -owned property, such as street, sidewalk, bikepath, light-
ing, signalization, traffic control, drainage, water, or sewer
improvements.
5. The County agrees to approve the plat for recorda-
tion in the Public Records of Indian River County; Florida upon a
finding as tp compliance with all applicable provisions of the
County's Subdivision and Platting Ordinance and upon execution
hereof. The County shall accept those areas specifically dedi-
cated to the County.for the purposes indicated on the plat at such
time as the improvements are satisfactorily completed. Satis-
factory completion in accordance with the land development• permit,
plans, specifications, and ordinance requirements of Indian River
County shall be determined by the County and shall be indicated by
specific written approval of the Public Works Director or his
designated representative.
6. In the event the Developer shall fail or neglect to
fulfill its obligations under this contract and as required by the
Code of Laws and Ordinances of Indian River County, Florida, the
Developer, as principal,.and the guarantor or surety shall be
jointly and severally liable to pay for the cost of construction
and installment of the required improvements to the final total
cost, including but not limited to engineering, construction,
legal and contingent costs, including reasonable attorney's fees
incurred by the County,'together with any damages, either direct
or consequential, which the County may sustain as a result of the
failure of Developer to carry out and execute all provisions of
this contract and applicable ordinances of the County. In no
event, however, shall the liability of the guarantor or surety
under this paragraph exceed the total amount of the original obli-
gation stated in the guaranty or surety instrument, less any
approved reductions thereto.
7. The parties agree that the County at its option
shall have the right, but not the obligation, to construct and
install or, pursuant to receipt .of competitive bids, cause to be
constructed and installed the required improvements in the event
Developer shall fail or refuse to do so in accordance with the
terms of this contract. Developer expressly agrees that the
County may demand and draw upon the existing guaranty or surety
for the final total cost of the improvements. Developer shall
remain wholly liable for any resulting deficiency, should the
guaranty or surety be exhausted prior to completion of the
required improvements. In no event shall the County be obligated
to expend public funds, or any funds other than those provided by
the Developer, the guarantor, or surety, to construct the required
improvements.
B. Any guaranty or surety provided to the County by
Developer with respect to this contract shall exist solely for the
use and benefit of the County and shall not be construed or
intended in any way, expressly or impliedly, to benefit or secure
payment to any subcontractor, laborer, materiaiman or other party
-2- Rev. 3/1/84
MAR 13 1985
r MAR 13 1985
ee�
BOOK 0 PAGE 173
I
providing labor, material, supplies, or s vices for construction
of the required improvements, or to ben it any lot purchaser(s),
unless the County shall agree otherwis in writing.
9. This agreement is the full and complete understand-
ing of the parties and shall not b construed or amplified by
reference to any her agreement, discussion, or understanding,
whether written or oral, except s specifically mentioned herein.
This agreement h 1 not be as gned without the express written
approval of the ounty. Any endment, deletion, modification,
extension, or r ision hereo or hereto shall be in -writing,,
executed by au rized repr entatives of both parties.
IN IT ESS WHERE F, the parties hereto have set•''t'h,e'r",;',
hands -a d se is the day and year first above written.,,•;,,;ve
+�
�ssoG�y� ,ti
Atte t: �<<<<<
r� 1C74J LN
e Ti t'1e
(affix corporate seal)
INDI R ER COUNTY.FLORIDA
APPROV AS TO FO JBy:
AND LE L S FICIE - ON C. S UR' K, JR.,
Chairman
By: Board of Cou t C mmissioners
"TCo my Attorney �;
,/Attest:
•FREDA WRIGHT, ClLdrk
-3-
•
Rev. 3/1/84
� r �
Thomas H. Collins, President
ASSOCIATES MANAGEMENT GROUP, INC.
February 22, 1985
Mr. Patrick B. Lyons, Chairman
BOARD OF COUNTY COMMISSIONERS
Indian River County
1840 25th Street
Vero Beach, F1. 32960
RE: The Sanderling Final Plat Approval
Dear Mr. Lyons:
On behalf of Associates Management Group, Inc., the owner and
developer of The Sanderling subdivision, I hereby withdraw the
letter dated February 19, 1985, from Michael O'Haire on behalf
of Associates Management Group, Inc. to Gary Brandenburg,
County Attorney.
Associates Management Group, Inc. is dedicating $27,000.00 to
the County's "Park Development Fund 113" without objection or
condition. This is to satisfy the beach access requirement of
the subdivision ordinance (section 10r) and to satisfy the
final plat approval condition required by the Board of County
Commissioners at their regular meeting of February 20, 1985.
Sincerely,
+r
Thomas H. Collins, President
Associates Management Group, Inc.
ESB/tw
51
BOOK 60 PAGE 74
MAR 1 -3 195
INDIAN RIVER COUNTY, 'FLORIDA
INTER - OFFICE MEMORANDUM
BOOK 60 PA -H-175
TO: Winnie Valentine DATE: February 20, 1985 FILE:
SUBJECT: DEDICATION OF $27,000.
TO THE PARK DEVELOP-
MENT FUND 113 FOR THE
SANDERLING SUBDIVISION
FROM: Stan Boling, .1M, REFERENCES:
Staff Planner
The attached check for $27,000.00 from Mr. Tom Collins,
President of Associate Management Group, Inc. is hereby
submitted to the Park Development Fund 113. This money is
being dedicated to meet'the beach access requirement of the
subdivision ordinance (Section 10r), which is a condition of
approval placed upon The Sanderling final plat application
by the .Board of County Commissioners at their regular
meeting of February 20, 1985. The County's receipt of this
$27,000.00 dedication satisfies the Board's condition.
Therefore, final plat approval is granted to The Sanderling
subdivision.
ESB/tw
ASSOCIATES MANAGEMENT GROUP, INC. 107
9300 AIA, SUITE 201 PH. 305-589-8000
VERO BEACH, FL 32983
2-21-85 18 85 s3-MisM
PAY onation
TOTERoFBoard of County Commisioners-Park Development Fund #113- I $r2T,000 Q0- f
twenty seven thousand and ----------------------------------00/100
DOLLARS
Baff" Bank of Mdlan Rim Cm*
801- 21st Street
Vero Beach, Florida 32980
FOR Donation b.
113000 10 7iis 1:0670085791: 3 3880 7 ? 5 3911'
52
BAR 1 19 1985
r
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. 16613 - 16770 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.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:00 o'clock
noon.
ATTEST:
Clerk
53
BOOK 60 F';-176
c