HomeMy WebLinkAbout8/14/1985Wednesday, August 14, 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,
August 14, 1985, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C.
Bowman; and William C. Wodtke, Jr. Absent was Patrick B. Lyons,
Chairman, who was recuperating from surgery. Also present were
Michael J. Wright, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Jeffrey K. Barton,
1
OMB Director; and Virginia Hargreaves, Deputy Clerk.
Vice Chairman Scurlock, acting as Chairman in the absence of
Chairman Lyons, called the meeting to order, and Commissioner
Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Wright reported that he had two deletions and
two additions. He wished to remove
Item
7
- Award of
Architect
Contract for Sheriff's Building and
Item
8
- Approval
of Bid for
High Velocity Vacuum Truck as the background information was not
supplied in time. The Administrator then requested that the
deleted Item 7 be replaced with an emergency item dealing with
the purchase of a lowboy trailer and that Item 8 be replaced with
an item authorizing the spreading out of utility tap payments for
Ivy Williams.
Commissioner Wodtke requested the addition of an item both
for discussion and action regarding DOT maintenance of state
roads.
Vice Chairman Scurlock wished to add two items - a summary
of Transportation Planning Committee action and also discussion
of the Resolution scheduled for next week's agenda providing for
establishment of the Library Board.
AUG 14 1985
BOOK tat F'"GE71
rAUG 14 1985
BOOR 61 I r GE 753
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, Chairman Lyons being absent,
the Board unanimously (4-0) added and deleted
items as requested above.
Administrator Wright requested that the Board hold a short
caucus regarding the union immediately following the meeting.
Commissioner Bird inquired about the status of the Resolu-
tion for St. John's River Water Management District, and Attorney
Vitunac reported that it was in draft form. He further advised
the Board that Commissioner Bowman had informed him that the St.
John's meeting was already on-going, and he thereupon called
Palatka in an attempt to advise them of our Resolution, but could
not get through to any official. Our Resolution, therefore, may
be after the fact.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of July 17, 1985.
There were none.
ON MOTION by Commissioner Bowman, SECONDED'by
Commissioner Bird, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of
July 17, 1985, as written.
CLERK TO THE BOARD
A. Renewal Pistol Permits
The Board reviewed memo of the Administrator, as follows:
2
TO: The Honorable Members of 'DATE: July 30, 1985 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMITS - RENEWALS
FROM: Michael Wright - REFERENCES:
County Administrator
The following have made application through the Clerk's Office
for renewal of their pistol permits:
Gladys Bryant Lamb
Julian Lavon Davis
Ernest Rex Myers
Ernest P. Sullivan
Earl Sullivan
Daniel R. Campbell
All requirements of the ordinance have been met.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved renewal applications for a Permit to
carry a concealed firearm for the following:
Gladys Bryant Lamb
Julian Lavon Davis
Ernest Rex Myers
Ernest P. Sullivan
Earl Sullivan
Daniel R. Campbell
B. New Applications for Pistol Permits
The Board reviewed the following memo from the Administra-
tor:
3
AUG14 1985
BOOK 61 FACUE 754
I AUG 14 1985
BOOK 61 I -AGE 755
TO: The Honorable Members of DATE: July 30, 1985 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMITS - NEW
FROM: Michael Wright REFERENCES:
County Administrator
The following have made application through the Clerk's office
for new pistol permits:
Richard Leo Fortin
Thomas Steinruck, Jr.
All requirements of the ordinance have been met.
ON MOTION by Commissioner Bowman-, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved applications for a Permit to carry a
concealed firearm for Richard Leo Fortin and
Thomas Steinruck, Jr.
CONSENT AGENDA
Commissioner Bird requested that Items E and G be removed
from the Consent Agenda, and Commissioner Wodtke requested the
removal of Item D.
A. Reports
Received and placed on File in the Office of the Clerk:
State of Florida DOT Tentative Five Year Transpor-
tation Plan and Annual Program Budget - July 1, 1985
through June 30, 1990.
B. Proclamation - Stan Wasiak
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Bowman, the Board unanimously (4-0) adopted
the following Proclamation honoring Stan Wasiak.
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P R O C L A M A T I O N
WHEREAS, STAN WASIAK is to be commended for thirty six
consecutive years as a manager in the minor leagues; and
WHEREAS, STAN WASIAK has set -a new record in minor league
wins - 2497; and
WHEREAS, STAN WASIAK.began his playing career with the
Dodgers in 1940 in Americus, Georgia; and
i
WHEREAS, STAN WASIAK began his managing career with the
Dodgers in 1950 in Valdosta, Georgia; and
WHEREAS, STAN WASIAK has managed minor leagues in 17 cities
from coast to coast; and
WHEREAS, STAN WASIAK. won the first professional sports
championship in Indian River County in 1983 when the Vero Beach
Dodgers defeated the Daytona Beach Astros to win the Florida
State League Championship:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, Indian River County, Florida that the night of
August 170 1985 be known as
STAN WASIAK "THE KING OF THE MINORS" NIGHT
and the County Commissioners urge all the citizens of Indian
River County to show their appreciation for STAN WASIAK.at the
festivities at Holman.Stadium on August 17, 1985.
ATTEST:
Freda Wright, Merk
Adopted August 14, 1985
5
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Don C. Scurlock,.Jr.,
Vice Chairman,
L� AUG 14 1985 _ aooK 1 75 6
r AUG 14 1988
C. Surplus Property - Property Appraiser
BOOK 61 F,11 -,E 157 -7
The Board reviewed memo from Purchasing Manager Goodrich:
TO: Board of County Commissioners DATE: July 31, 1985 FILE:
THRU: Michael Wright SUBJECT: Surplus Property
County Administrator
FROM: 6'REFERENCES:
Carolyn odrich, Manager
Purchasi g Department
I. Description and Conditions
The Property Appraiser's office has 4 Vertical power
files as per the attached list. They no longer have
any use for these files. The files have been offered
to°other departments and Constitutional Officers, with
no response.
2. Alternatives and Analysis
The files must be declared as surplus property; so they
can be advertised and sold to the best bidder.
3. Recommendation
It is recommended that the Board of County Commissioners
declare the 4 vertical power files as surplus property,
so they can be sold to the best bidder.
Asset No.
Manufacturers
Asset Cost
Acquisition Date
Serial Number
0732
Conserv-Amatic Supreme
$3267.00
12/11/64
U60143
0733
Diebold, Inc.
$3530.00
03/06/67
10918-14
2713
Diebold, Inc.
$6500.00
04/26/76
10963-14
2867
Diebold, Inc.
$8357.00
01/10/77
62302
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
declared the four vertical power files listed
above surplus property so that they can be sold
to the best bidder.
6
� � r
D. Disposal of Grapefruit from Grove at South County Sewer Plants
The Board reviewed memo of Intergovernmental Coordinator
Thomas:
TO: Board of County
Commissioners
DATE: August a, 1985
SUBJECT:
FILE:
Grapefruit Grove at So.
County Sewer.Plants
THROUGH: Mike Wright
County Administrator
FROM: �0 REFERENCES:
Tommy Thomas ,�'''" _
County Coor 'riator
In a few weeks it will be necessary to make arrangements for
picking and selling the fruit on the above grove. Riverfront
Groves, who manage our grove, originally questioned whether the
fruit would be of good enough quality to sell for packaged fruit.
It now appears that much of it will be of sufficient quality to
sell for packaged fresh fruit.
Steve Futch, our agricultural agent, is an experienced
citrus grower and crop estimator. He has agreed to act in this
capacity for the County. I recommend that he be authorized to
proceed accordingly, and to advise the Administrator and the
Board of County Commissioners of his recommendations from time to
time.
Commissioner Wodtke inquired whether the agricultural agent
basically will just give advice and come back to the Commission
for approval before the fruit is sold.
This was confirmed by Coordinator Thomas.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized Agricultural Agent, Steve Futch, to
make recommendations to the Board re sale of the
citrus fruit as above.
E. Out -of -County Travel - Parks & Recreation State Conference
Commissioner Bird stated that he would like to have
out -of -county travel to the 1985 State Conference approved for
both Commissioners and staff, but wished to assure the Commission
7
AUG 14 1985 BOOK. PAGE 758
AUG 14
BOOK
61 Pa;E 759
that the
conference agenda will be scrutinized and the
time spent
at the conference held to a minimum.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved out -of -County for Commissioners and
appropriate staff to attend the Florida Recre-
ation & Park Association 1985 State Conference
to be held in Tampa September 7-11, 1985.
F. Release Portion of Escrowed Funds - Atlantis Subdivision)
The Board reviewed staff memo and recommendation, as
follows:
TO: The Honorable Members DATE: August 5, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
` RELEASE OF
SUBJECT: ESCROWED FUNDS NFUNDSF A OHELDFOR
Robert M. ea in , AICP IMPROVEMENTS IN ATLANTIS
Planning & Develc5pment Director SUBDIVISION
FROM: Stan Boling A6. REFERENCES:
Staff Planner
It is requested that the data herein presented be given formal
consideration by the Planning and Zoning Commission at their
regular business meeting of August 14, 1985.
DESCRIPTION AND CONDITIONS:
The developer of Atlantis Subdivision, -Salama Development
Corporation, through its agent, Lloyd & Associates, Inc., is
requesting the release of a portion of the $21,988.08 held in
escrow by the three party agreement executed by the County on
March 20, 1985. This escrow agreement secures the contract to
construct and provide sodding, grading, grassing, cleanup work,
and dune crossover. A total of $21,988.08 is being held by
United Savings of America in an escrow account. Pursuant to the
developer's request, the Public Works Division has inspected the
constructed improvements and work.
ALTERNATIVE AND ANALYSIS:
The Public Works Division has determined that all required
subdivision improvements have been constructed or provided,
except for the dune cross-over and some clean-up work. Pursuant
to section 5 of the escrow agreement, the Public Works Director
8
has inspected the improvements and is satisfied with the work
performed. Public Works recommends that the following funds be
retained in the escrow account until the construction and
inspection of the dune crossover is completed:
Site clean-up . . . . . . . . . . . . . . . . . $1,000.00
Wooden dune walkover structure . . . . . . . . 7,600.00
subtotal 8,600.00
(x) 115% 9,890.00
total to be retained $9,890.00
The developer is in agreement with this recommendation.
RECOMMENDATION:
Staff 'recommends that the Board of County Commissioners adopt -•
the attached resolution authorizing the release of $12,098.08
from the Atlantis Subdivision escrow account, held by United
Savings of America, to the developer, and authorizing the
remaining $9,890.00 to remain in the escrow account.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Resolution 85-82 authorizing the release
of $12,098.08 from escrow to Salama Development
Corporation, developer of Atlantis Subdivision,
and authorized the signature of the Vice Chairman.
9
AUG 14 1985
BOOK 61 PACE 760
AUG 14 1995 BOOK 61 F��c 761 -7
RESOLUTION 85- 82
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA AUTHORIZING THE RELEASE OF A PORTION OF THE
FUNDS HELD UNDER THE TERMS OF AN ESCROW AGREEMENT BETWEEN SALAMA
DEVELOPMENT CORPORATION, UNITED SAVINGS OF AMERICA, AND INDIAN
RIVER COUNTY TO GUARANTEE CONSTRUCTION OF REQUIRED IMPROVEMENTS
IN ATLANTIS SUBDIVISION.
WHEREAS, Indian River County (County), Salama Development
Corporation (Developer), and United Savings of America (Bank)
have entered into a cash deposit and escrow agreement; and
WHEREAS, under the terms of said agreement, the Developer
has made a written request for a partial disbursement of funds
held to guarantee required improvements, and for retention of
remaining funds to secure construction of a dune walkover and
site clean-up; and
WHEREAS, under the terms of said agreement, the Public
Works Director has caused an inspection of the required
improvements, is satisfied with the work performed, and
recommends disbursement of a certain portion of the funds held
in escrow by the Bank.
Now, therefore, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
The Bank is hereby authorized to disburse funds from the
escrow account in the amount of $12,098.08 to the Developer
or any third party or parties upon which the Bank and
Developer agree. Funds on the amount of $9,890.00 shall
remain in the escrow account to secure construction of a
dune walkover and site clean-up, under the same terms as
the existing agreement.
Bird The foregoing resolution was offered by Commissioner
who moved its adoption. The
motion was seconded by Commissioner Rowman
and upon being put to a vote, the vote was as follows:
Chairman Patrick B. Lyons AbseTll.
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman fiye
Commissioner William C. Wodtke, Jr. Lye
The Chairman theffyon declared the resolution duly passed an
adopted this day of A.uQust ,
1985
Attest{
F F A WRIGHT, Cler
STATt OF FLORIDA
COUNTY OF INDIAN RIVER
/� .y /1VM
BOARD -OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: .2�i. G
V0*7__-U. _. _ _7 __._.. _
VICE CKU RM.M -
10
G. Reimburse Vista Properties for County's Share of Force Main
The Board reviewed memo of Assistant Utility Director Joseph
Baird, as follows:
TO: THE HONORABLE BOARD OF DATE: AUGUST 6, 1985
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINT v SUBJECT: REIMBURSE VISTA
PROPERTIES, INC. FOR
COUNTY'S SHARE OF FORCE
MAIN
FROM: JOSEPH A. BAIRD
DESCRIPTION AND CONDITIONS
Vista Properties installed an additional 2504 feet of force main at
Vista Plantation which was to become an integral part of the
Route 60 wastewater system. Staff feels that the $15,000.00 cost
for the force main should be reimbursed to Vista Properties, Inc.
ALTERNATIVES
1. Approve the $15,000.00 reimbursement to Vista Properties.
2. Disapprove the $15,000.00 reimbursement to Vista Properties.
RECOMMENDATION
Staff recommends that The Honorable Board of County Commissioners
reimburse Vista Properties, Inc. the sum of $15,000.00.
Commissioner Bird requested some additional clarification
regarding the reimbursement of $15,000.
Utilities Director Pinto explained that when we were
building our system out there and putting in our lines, Vista
Royale was somewhat ahead of us in construction of their golf
course. We, therefore, allowed them to go ahead and put the line
in across their golf course because it would have cost us
probably twice as much to put the line in after their golf course
was completed. We now are reimbursing them for the monies they
spent on installing this force main.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
11
L_ AUG 14 7985
BOOK 61 PACE 76i
AUG 14 1995 BooK 61 F,,GE 783
approved the reimbursement of $15,000 to Vista
Properties, Inc., for the reasons set out above.
H. Report on Community SeLvices Block Grant Housing Rehab.
Program & Rental Rehab. Program
The Board reviewed the following report from the Executive
Director of the Housing Authority:
TO: Board of county C=ftissioners DATE: August 2, 1985 FILE:
Through: Michael Wr' g
County A ' trator
FROM: Edward ega
Executive irector
IRC Housing Authority
SUBJECT: CSBG Housing Rehabilitation
Services #85 SB -71-10-40-01-046
And HUD'S Rental Rehabilitation
Program # R 85 HG 1 2 0 23 5
REFERENCES:
The Community Services Block Grant Housing Rehabilitation Program
officially began this year on April 1, 1985 in the Old Oslo Park area
of the county. Fifteen (15) rehabilitation "504 Loan and Grant"
repair packages have been assembled and delivered to the Farmers Home
Administration Ft. Pierce office for processing. Their new county
supervisor has informed us he will begin the process with the initial
field inspection of the dwellings on August 14, 1985.
Our new Rental Rehabilitation Program approved for funding by the
Department of Housing and Urban Development in the amount of $100,000
is now entertaining proposals from investor -owners in the distressed
areas of the county. We will evaluate all proposals based on a number
of criteria and will move forward on the one's most benificial to all
parties concerned. The program is ready to comply with all requirements
of the Cash and Management Information System (C/MI). This program is
established for 1 year and hopefully funding will be continued in future.
years.
Our application was submitted to the Department of Community Affairs
Farmworker's Assistance Trust Fund for rehabilitation administrative fees
to help cover the cost of these efforts. A revision and clarification
as to certain parts of the application was requested by DCA and the
responses were mailed on July 31, 1985.
12
I. Release Assessment Liens - SR60 Water
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved Release of Assessment Liens for SR60
Water to Frank M. Larkins for Unit #202, Pine
Creek Condominium 1, and to Vista Properties
for Buildings No. 7 and No. 9, Vista Plantation
and approved the signature of the Vice Chairman.
13
AUG 14
BOOK 61 F"" E 764
r," -
AUG 14 1985
BOOK 61 PAGE 9 6
State Road 60 Water Project
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $970.45
RECEIVED from FRANK M. LARKINS, in hand this day paid, the
receipt of which is hereby acknowledged, INDIAN RIVER COUNTY,
FLORIDA, (the "County") hereby releases the property hereinafter
described from a certain special assessment lien recorded by the
County in its Official Records, Book 0691, Page 0077, for a special
assessment in the amount of $970.45, plus accrued interest at the
rate of ten percent (10%) per annum, levied in accordance with the
provisions of Ordinance No. 83-46 of the County, as amended, and
Resolution No. 84-47 of the Board of County Commissioners of the
County; and hereby declares' such special assessment lien fully
satisfied. The property, located in Indian River County, is more
fully described. as follows:
Condominium Unit #202 of PINE CREEK CONDOMINIUM I,
according to the Declaration of Condominium, recorded
in O. R. Book 691, Pages 2443 thru 2533, of the public
records of Indian River County, Florida.
Executed by the Vice Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this 14th day
of August 1985.
Att'o'�ied and countersigned:
Goll
Freda , Wright,, C1 qJrk
Approved as to form and
legal sufficiency:_e4a, j
Charles P. Vitunac,
County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FL RIDA
By G
Don C. Scurlock, Jr. ,
Vice Chairman
14
State Road 60 Water Project
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $11,645.40,
plus interest and costs, RECEIVED from VISTA PROPERTIES OF VERO
BEACH,
INC., in hand
this day' paid,
the receipt of which is
hereby
acknowledged,
INDIAN RIVER
COUNTY, FLORIDA, (the
"County") hereby releases the property hereinafter described from a
certain special assessment lien recorded by the County in its
Official Records, Book 0691, Page 0077, for a special assessment in
the amount of $970.45 per equivalent residential unit reserved,
plus accrued interest at the rate of ten percent (10%) per annum,
levied in accordance with the provisions of Ordinance No. 83-46 of
the County, as amended, and Resolution No. 84-47 of the Board of
County Commissioners of the County; and hereby declares such
special assessment lien fully satisfied. The property, located in
Indian River County, is more fully described as follows:
Building No. 7 of VISTA PLANTATION,
according to the Declaration of Condominium,
recorded in O. R. Book 699, Page 1817,
Public Records of Indian River County, Florida.
Executed by the Vice Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this 14th day
August 1985.
,1111!liiil!!!�!
�..,Att�e.4te,d a'ud countersigned: BOARD OF COUNTY COMMISSIONERS
-L INDIAN RIVER COUNTY, FLORIDA
Freda Wright, Ctlerk By / C
ZA
` Don- Scurlock, Jr.
Vice Chairman
Approved as to form and
lew, sufficiency:
Charles P. Vitunac,
County Attorney
15
BOOK 61 P,nuF.766
L- AUG 141985
r AUG 14 1985
BOOK 61 f'' �J,E 76 7
-7
State Road 60 Water Project
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $11,645.40,
plus interest and costs, RECEIVED from VISTA PROPERTIES OF VERO
BEACH, INC., in hand this day paid, the receipt of which is
hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the
"County") hereby releases the property hereinafter described from a
certain special assessment lien recorded by the County in its
Official Records, Book 0691, Page 0077, for a special assessment in
the amount of $970.45 per equivalent residential unit reserved,
plus accrued interest at
the
rate of ten
percent (10%) per annum,
levied in accordance with
the
provisions
of Ordinance No. 83-46 of
the County, as amended,
and
Resolution
No. 84-47 of the Board of
County
Commissioners
of the
County;
and
hereby declares such
special
assessment lien
fully
satisfied.
-The
property, located in
Indian River County, is more fully described as follows:
Building No. 9 of VISTA PLANTATION,
according to the Declaration of Condominium,
recorded in O. R. Book 699, Page 1817,
Public Records of Indian River County, Florida.
Executed by the Vice Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this 14th day
August 1985.
;�'A Yes eii' ,and, countersigned: BOARD OF COUNTY COMMISSIONERS
I} y INDIAN RIVER COUNTY, FLORIDA
Freda Wright,: Clerk By / C
' Don C. Scurlock, J
Vice Chairman
Approved as to form and
legal sufficiency:
Charles—P. Vitunac,
County Attorney
16
EMERGENCY ITEM - PURCHASE OF LOWBOY TRAILER
Administrator Wright explained to the Board that when staff
tried to replank the existing lowboy trailer, it was found that
it had structural cracks as much as an inch wide and it was no
longer safe to use to transport county equipment. This is the
only such trailer we have, and the Administrator requested that
he be authorized to acquire another lowboy trailer, either new or
used, on an emergency basis. He stated .that staff will bring the
information on this back to the Board.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Administrator to proceed with the purchase of
a lowboy trailer as described above.
INSTALLMENT PAYMENT OF WATER IMPACT FEE (WILLIAMS)
The Board reviewed staff memo as follows:
TO: THE HONORABLE BOARD OF DATE:
COUNTY COMMISSIONERS
THRU: WRANCE G. PINTO SUBJECT:
FROM: JOSEPH BAIRD
DESCRIPTION AND CONDITIONS
AUGUST 12, 1985
IVEY WILLIAMS, JR.,
PAYING WATER IMPACT FEE
ON THE INSTALLMENT PLAN
Mr. Ivey Williams, Jr. is the owner of a commercial property located on Old
Dixie Highway. Severe well problems recently developed at the above
referenced property and Mr. Williams will be forced to hook onto the County
water system. Mr. Williams has expressed that at this time he cannot
financially afford to pay the water impact fees in one lump sum payment.
He is therefore requesting permission from the Honorable Board of County
Commissioners to pay these fees on an installment basis. The cost to
receive water service at this Old Dixie Highway location is:
Impact Fees
Tapping Charge
Meter Installation
Inspection Fee
TOTAL
$1,140.00
$ 186.50
$ 115.00
t )n nn
$1,461.50
17
AUG 14 1985 BOOK FA,GE 768
AUG 14 1985 BOOK 61 P,, GUE 76
If the Honorable Board of County Commissioners deems that an installment
plan is appropriate, then the Utility Department would like to propose the
following terms:
The impact fee of $1,140.00 be paid over a sixty (60) month
installment period at an interest rate of 10-1/2%. The monthly
payment will be $24.51 and the first payment is due immediately. The
customer's entire cash outlay will be as follows:
Tapping Charge
Meter Installation
Inspection Fee
First Installment
NSIUVAM
$ 186.50
$ 115.00
$ 20.00
$ 24.51
$ 346.01
ALTERNATIVES
1. The Honorable Board of County Commissioners allows Mr. Ivey Williams,
Jr. to pay the impact fees on a five (5) year installment plan.
2. The Honorable Board of County Commissioners disallows Mr. Ivey
Williams, Jr., to pay the impact fees on an installment plan.
The Administrator confirmed that the recommended payment
plan is consistent with County policy.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
agreed to allow Mr. Ivey Williams to pay his
water impact fees on the installment plan over
a five year period as set out in staff memo
dated August 12, 1985.
REPORT ON TRANSPORATION PLANNING COMMITTEE ACTIONS
Vice Chairman Scurlock reviewed the following summary:
18
TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
August 13, 1985
1. Traffic Impact Fee Ordinance Study - Review of Revised
Report #2: Discussion was tabled since Barton-Aschman
Associates were not present to answer questions.
2. County Road #512 Future Improvements: Discussion was
tabled since the City of Sebastian's representative
was not present.
3. 58th Avenue Widening at State Road 60: As a condition of
site plan approval, Ryanwood Shopping Center is required
to give a fair -share contribution for the project. Ryan -
wood desires to open a few stores in October, 1985, prior
to completion of the project. This was discussed and it
was agreed that their full contribution is required prior
to opening the Shopping Center.
In regard to Item 1, the Vice Chairman reported that the
consultants unfortunately got their calendar mixed up and were
not at the meeting. The Committee did, however, have some
discussion about the location of an additional bridge across the
Indian River. The Town of Indian River Shores did not want to
have such a bridge coming into their corporate limits and felt it
should be within the limits of the City of Vero Beach; it was
their contention that they generated less traffic than anyone
else. Vice Chairman Scurlock noted that our consultant will sit
down with each of the various municipalities and try to iron out
impact numbers, etc., and the justification for their recommenda-
tions.
Commissioner Wodtke pointed out that we have fee simple
title to right-of-way all the way across the river to U.S.1 and
right to the City Hall at Indian River Shores.
The Vice Chairman agreed and noted that we also have the old
Winter Beach bridgehead property, and these are two prime
possible locations for additional access to the Barrier Island.
He stated that he had hoped to have a formal report for the Board
by the next meeting, but believed it will be a week or so later.
Commissioner Bird inquired if the general thinking is a
fourth bridge or four laning of the Merrill Barber Bridge, and
19
AUG ��
BOOK 61 FACE 770 O
� �
AUG 14 1985 BOOK 61 N'IGE771
Vice Chairman Scurlock noted that the existing bridge is over
thirty years old and requires some significant maintenance;
actually it needs to be replaced and the drawbridge removed.
He continued that the consultants have not come out with a
recommendation, but he believed they will recommend a two lane
bridge between the Wabasso Bridge and the Barber Bridge.
Discussion ensued as to the advisability of having a two
lane bridge, and Public Works Director Davis informed the Board
that the project development and traffic generation figures only
warrant a two lane bridge.
Commissioner Bowman felt that building a two lane bridge
would be very shortsighted.
In regard to Item 3, the proposed widening of 58th Avenue at
SR 60, Public Works Director Davis reported that sometime ago the
developers of Ryanwood Shopping Center submitted a site plan, and
to mitigate their traffic impact on Kings Highway, they proposed
some deceleration lanes and left turn lanes along their frontage.
Their suggestions were approved by the Planning & Zoning Commis-
sion and site plan approval granted. Shortly after that, both
the developer's engineers and our staff got together, and it was
decided that instead of pouring $75,000 into the proposed turn
lanes, it would be to everyone's best interests to go ahead and
engineer the ultimate five laning of the section of Kings Highway
along their frontage, and the developers would contribute the
amount they would have put into construction of the left turn
lanes and decel lanes originally proposed to accomplish the five
lane section instead. That was run through the Transportation
Planning Committee and this Board for approval.
The developers of Ryanwood now have gotten to the point
where they want to open a few stores prior to construction of the
five lane section on Kings Highway, and are saying they won't use
the King's Highway connection until that is complete, but will
only use SR60. Director Davis continued that he met with utility
people from the City; there are conflicts to be resolved in
20
.M M M
regard to location of some electric poles which may necessitate a
change of design; and he is not sure we are ready to move ahead
with the five laning yet. Staff, therefore, needs the Board's
decision as to whether we want to let them open with a few
stores.
Vice Chairman Scurlock believed the Committee's recommenda-
tion was not to let them open prematurely; however, he felt they
had not understood that it was the County's request that the
original agreement be changed.
Discussion ensued at length regarding the problems associa-
ted with the traffic impacts involved in opening prematurely and
having ingress and egress only from SR 60, the number of stores
involved, the hazard of a left turn across SR 60, etc., and
Commissioner Wodtke requested that this matter be put on the
agenda for next week when we can have the developer's represen-
tative here as he felt we need more backup and need to talk to
the people themselves.
It was agreed that this would be included on next week's
agenda, and the Vice Chairman noted that he had just wanted to
bring the Board an update on what was happening.
REZONING - TO C -1A, U.S.1 NORTH OF 81st ST. (PENALBA)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
21
BOOK 6 1 F; GF 7"2
I
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River Count „ Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appearecr J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Jourrial, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the atta(khed copy of advertisement, being
in the matter of
in the
lished in said newspaper in the issues of
Court, was pub -
Affiant further says that the said Vero Beach Press -J ournal is a newspaper published at
Vero Beachl in said Indian River County, and that he said newspaper has heretofore
been continuously published in said Indian River County, F lorida, weekly and has br>en entered
as second class mail matter at the post office in Vero Beach , in said Indian River Cou nty, Florida
fora period of one year next preceeding the first public ition of the attached copli of adver-
tisement; and affiant further says that he has neither pa d nor promised any persc)n, firm or
corporation any discount, rebate, commission or refund fo the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me his dad of A ` A.
BOOK 61 F'"'�E 773
3
NOTICE = PUBLIC HEARING
Notice of hearing to consider the adoption -of
.a County ordinance rezoning, land from: RM -6,
Multiple -Family Residential District to C -1A, Re-
stricted Commercial District. The subject prop-
erty is presently owned by Marvin and Marian L.
Penalba and is located east of'U.S; Highway#1
and north of 81 at Street.
The subject property is described as:.,,
Parcel No. 1: From the, Southeast comer,
of the Northeast quarter of Section 33,
Township 31 South, Range 39 East, run
?,';,,North along the Section line a distance
of 277.22 feet; thence West along the.
South line of a 60 foot street a distance,
of 440.23 feet to the Point of Beginning;
thence ,run Southerly on.a line forming
q . an angle Of, 98" 52' as measured from
West to South a distance of 169.54 feet;
thence ;continue Southerly along the
same tine a distance of 76.33 feet toa
point 40 feet North of the South line of
the said Northeast quarter of Section 33,
thence run Westerly on a line parallel to
said South line of Northeast quarter of '.'.
Section 33 a distance of 82.64 feet to a'
point on the East right of way line: of
State'Road #5 (also known as U.S. High=y;
way #1); thence run Northwesterly along ,,��-
said right of way line on a curve concave,.
to the West having a radius of 17,248.75' .
feet for a distance of 86.72 feet to a con= '
crate monument; thence continue North-
westerly along said right of way lure a
distance of 190 feet; thence, run East
along the South line of said 60 foot road
a distance of 174.47 feet to the Point of
Beginning.,; xr; ,a, .
Parcel No. 2: From the Southeast comer-
of
omerof the Northeast quarter of Section 33,•
Township 31 South,tRangs 39 East, run
' North along the Section- line a distance.
of 277.22 feet; thence. West along the
South line of.a.60.foot streets distance
of 390.23 feet to the Point of Beginning;•
thence run Southerly on. a line forming':
an angle of 88° 52' as measured from;=
West to South -a distance of 125.00 feet;
J 'thence West on,a line forming an angle-;,
of 81" 08'. as measured from North, to:
West's distance of .50.00 feet thence
Northerly on aline forming an angle of,="
98' 52' as measured from,East,to.North, .
a distance 4of.125.00:feet'to_a point•on
the aforesaid South line of. a 60 foot - ,
street thence East along said South Una
of street a distance of 50.00 feet to the.
Point of Beginning
',' .Parcel No. 3: ular parcel of land ,
"more particulA triangarly described/as follows:,;
from the Southeast comer of the North=
est quarter of Section. 33, Township 31'-
South, Range 39 East, run North along
a the Section line a distance,of 277.22 fee
thence run West along the South line of
a 60 foot streets distance of 390.23 feet,
thence run Southerly on a line forming
an angle of 9Q° 52' as measured from
r West to South,' a distance of :125• feet's
thence run West on an angle of 81' 08' >' '
as measuied from North to West a dls-
tance of 50 feet to ttle,. point of Begtn
'ning; thence run East along'the afore '
t'.,,'sald mentioned line a.distance of•18.33 f•=
feet theince run. -South :a distance of
119.38 feet more br• lesti, to a concrete",;
monument 40 feat North of the South'Une ,
` of the Northeast Ouarter of said Bectiore <
33- thence run Northwesterly a cistanc9;",,
r " of 120 92 feet, more or less, to the Potnt' "r'
of Beginning: '
All .above described Properly now lying :'
and .being In Indian River bounty . Floc
A publr& hearing at which parties 91n interest
and 'citizens shall. have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Buildinglocated. at 1840 25th
Street, Vero Beach, Florida on Wednesday, Aug-
ust 14, 1885, at 9:15 a.m: a .,
• If any person decides to appeal any decision
made on the above matter/ .he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in-
cludes testimony and ,evidence upon which the
appeal Is based.. `,
Indian River County
Board of County Commissioners.
By: -s -Patrick B Lyons:'
Chairman
July 25, Aug.6,1985.;
Richard Shearer, Chief of Long Range Planning, made the
staff presentation, as follows:
22
TO: The Honorable Members DATE: June 28, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: PENALBA REQUEST TO REZONE
188 ACRES FROM RM -6
SUBJECT: MULTIPLEFMILY RESIDEN-
Ro ert M. Keatin , f9CP TIAL DISTRICT, TO C-lA,
Planning & Development Director RESTRICTED COMMERCIAL
DISTRICT
FROMhara shearer, AICP REFERENCES:
Chief, Long -Range Planning
It is requested that the data
consideration by the Board
regular meeting of August 14,
DESCRIPTION & CONDITIONS
ZC-136 BCC Memo
RICH2
herein presented be given formal
of County Commissioners at their
1985.
Marvin and Marian Penalba, the owners, are requesting to rezone
3.88 acres located on the east side of U.S. 1 and the north side
of 81st Street from RM -6, Multiple -Family Residential District
(up to 6 units/acre), to C-lA, Restricted Commercial District.
This property was zoned R-1MP, Mobile Home Park District, but was
assigned to the RM -6 zoning district on April 11, 1985, when the
residential zoning districts were changed in conformance with the
Comprehensive Plan.
The owners intend to expand their existing business on this site
and add another building to provide office and light retail
space. -
On June 27, 1985, the Planning and Zoning Commission voted 5 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property contains the M & M Auto Parts store and a
mobile home. North of the subject property are single-family _
residences zoned RM -6 and C-lA. Further north is Niehaus nursery
which is zoned C-lA. East of the subject property are two mobile
homes and vacant land zoned RM -6. South of the subject property
is a single-family dwelling zoned C -1A, a mobile home park zoned
C -1A and RM -6 and vacant land zoned C-lA. West of the subject
property, across U.S. 1, is a mobile home park zoned RMH-6,
Mobile Home Residential District (up to 6 units/acre), and an
auto parts store zoned C -1A.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
'land north, south and east of it as LD -2, Low -Density Residential
2 (up to 6 units/acre). The land west of the subject property is
23
AUG 14 1985 BOOK
BOOK 61 F -'GF 775
part of the U.S. 1 MXD, Mixed -Use Corridor (up to 6 units/acre).
In addition, there is a 150 acre commercial/ industrial node at
the intersection of U.S. 1 and County Road 510 (Wabasso Road)
located approximately one-half mile north of the subject
property, and there is a 50 acre commercial/ industrial node at
the intersection of U.S. 1 and Hobart Road located approximately
one-half mile south of the subject property.
During the spring of 1984, the staff prepared a• tentative
boundary for the U.S. 1 and Wabasso Road node representing 150
acres. This tentative boundary included the subject property.
Transportation System
The subject property has direct access to U.S. 1 (classified as
an arterial street on the Thoroughfare Plan), 81st Street (clas-
sified as a secondary collector street) and 81st Place (class-
ified as a local street). The maximum development of the subject
property under C-lA zoning could attract up to 924 average annual
daily trips.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area.
Utilities
The subject property is not served by County water and wastewater
facilities.
RECOMMENDATION --
Based on the above analysis, particularly the facts that the
subject property contains an existing business, can be included
in the U.S. 1 and Wabasso Road node and considering the Planning
and Zoning Commission's recommendation, staff recommends
approval.
The Vice Chairman asked if anyone present wished to be
heard. There were none.
ON MOTION By Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the public hearing.
Commissioner Bird questioned whether the property involved
is .88 of an acre or 3.88 acres as it is a long advertisement,
and the body of the memo states that it is 3.88 acres.
Planner Shearer confirmed that it is advertised for .88 of
an acre, and the 3.88 set out in the body of the memo is in-
correct; it does involve less than an acre.
Questions ensued as to who draws up the legal descriptions
and who checks to be sure they are accurate.
24
Planner Shearer explained that whenever a rezoning applica-
tion is submitted, a survey sealed and certified by a registered
land surveyor must be submitted with it. Staff then verifies the
f
description to be sure there are no problems.
MOTION WAS MADE by Commissioner Bird, SECONDED
by Commissioner Wodtke, to adopt Ordinance
85-67 rezoning the .88 acre to C -1A as re-
quested by Marvin Penalba.
Commissioner Bird noted there was a petition from some
neighbors with some objections, and he wished to know if any of
the objectionable uses listed are allowable in C -1A. Planner
Shearer stated that when he talked to these people, one of the
things they were concerned about was the possibility of having 24
hour businesses, and convenience stores would be allowed in C -1A.
Commissioner Bowman noted that there are single family
residences all along the south side of 81st Street and she
assumed these are all grandfathered in there.
Planner Shearer confirmed that they would be as they were
there before the zoning. He noted that this is an area staff
will be looking at soon to consider the possibility of some
rezoning.
L_ AUG 14 1985
THE VICE CHAIRMAN CALLED FOR THE QUESTION. It
was voted on and carried unanimously (4-0).
25 '
BOOK G1FivE 776
AUG 14 1995
BooK 61 PA GF 777
ORDINANCE NO. 85-67
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning
Ordinance of Indian River County, Florida, and the accompanying
Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
County, Florida, to -wit:
Parcel No. 1: From the Southeast corner of the
Northeast quarter of Section 33, Township 31 South,
Range 39 East, run North along the Section line a
distance of 277.22 feet; thence West along the South
line of a 60 foot street a distance of 440.23 feet to
the Point of Beginning; thence run Southerly on a
line forming an angle of 98° 52' as measured from
West to South a distance of 169.54 feet; thence
continue Southerly along the same line a distance of
76.33 feet to a point 40 feet North of the South line
of the said Northeast quarter of Section 33, thence
run Westerly on a line parallel to said South line of
Northeast quarter of Section 33 a distance of 82.64
feet to a point on the East right of way line of
State Road #5 (also known as U.S. Highway #1); thence
run Northwesterly along said right.. of way line on a
curve concave to the West .having a radius of
17,248.75 feet for a distance of 86.72 feet to a
concrete monument; thence continue Northwesterly
along said right of way line a distance of 190 feet;
thence run East along the South line of said 60 foot
road a distance of 174.47 feet to the Point of
Beginning.
Parcel No. 2: From the Southeast corner of the
Northeast quarter of Section 33, Township 31 South,
Range 39 East, run North along the Section line a
distance of 277.22 feet; thence West along the South
line of a 60 foot street a distance of 390.23 feet to
the Point of Beginning; thence run Southerly on a
line forming an angle of 980 52' as measured from
West to South a distance of 125.00 feet; thence West
on a line forming an angle of 81° 08' as measured
from North to West a distance of 50.00 feet; thence
Northerly on a line forming an angle of 98° 52' as
measured from East to North a distance of 125.00 feet
to a point on the aforesaid South line of a 60 foot
street; thence East along said South line of street a
distance of 50.00 feet to the Point of Beginning.
26
Parcel No. 3: A triangular parcel of land more
particularly described as follows: From the
Southeast corner of the Northeast quarter of Section
33, Township 31 South, Range 39 East, run North along
the Section line a distance of 277.22 feet; thence
run West along the South line of a 60 foot street a
distance of 390.23 feet; thence run Southerly on a
line forming an angle of 980 52' as measured from
West to South, a distance of 125 feet; thence run
West on an angle of 81° 08' as measured from North to
West a distance of 50 feet to the Point of Beginning;
thence run East along the aforesaid mentioned line a
distance of 18.33 feet; thence run South a distance
of 119.38 feet, more or less, to a concrete monument
40 feet North of the South line of the Northeast
Quarter of said Section 33; thence run Northwesterly
a distance of 120.92 feet, more or less, to the Point
of Beginning.
Be changed from RM -6, Multiple -Family Residential
District to C-lA, Restricted Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 14thday of August 1985.
BOARD OF COUNTY.COMMISSIONERS
OF INDIAN RIVER'COUNTY
BY: / G
DON . SCURLO K� -
Vice Chaiiman-- .
REZONING - LM -1 TO RS -6 - S. GIFFORD RD. E. OF KINGS HWY (FINK)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
27
L_ AUG 141985
Bou 61 P,AGF 778
r-
AUG 14 1985
VERO BEACH PRESS -JOURNAL
Published Weekly
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 weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of —_ i',n is
in the /� Court, was pub-
lished in said newspaper in the issues of -To 1u a5 .. f-tt 4 6 �1935-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; 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 adver-
tisement for publication in the said newspaper.
Sworn to and subscribed b ore this day ofA�+A.D. 129$S
rr I
(Bu ess anger)
BOOK61 F.,, 779
,T
NOTICE = PUBLIC HEARING
Notice df hearing'to consider, the adoptloh of''
a County ordinance rezoning land from: LM -1;'
Light Manufacturing District to RS -6, Single -
Family Residential District. The subject property
Is presently owned by Joseph Fink, Jr.,' and Jq-
seph Chatles' Fink 'and is located on the sbuth
side of- South Gifford Road (41st Street) and I
1300 feet east of King's Highway (58th Avenue).
The subject property+ Is described as• , .
The west 11.06 acres of Tract 11, See,
tion 28,•Township 32S, Range 39E; ac-'
cording to the last general plat of lands )3'
�., . of the ,Indian River. Farms Company, flied
-in the office of the Clerk of.the Clrcuit ,
Court of St.. Lucie County, Florida.,
All above described property now IyI '
and being In Indian River County, Flor-
ida, .
'b public hearing at which parties In interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida In the•
County Commission Chambers of the County
'Administration Building, located st.1840 25th
Street, Vero Beach, Florida on Wednesday;, Aug-
ust 14, 1985, at 9:15 a.m.,
If any person decides ,to appeal any decislori
made on the above matter/ he/she will need a
record of the proceedings,. and for. such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings Is made, which In -
eludes testimony and evidence, upon which -the
appeal.is based-:,,'; g
m <rIndian. River County, f �
Board of County Commissloners
By: s -Patrick B Lyons,
Chairman' ?•
July 25; Aug. 6, .1985 -
t
Chief Planner Shearer made the following staff presentation
and noted that a letter in support of the proposed rezoning has
been received from Attorney Hubert Roberts, a neighbor of the
Finks.
28
TO: The Honorable Members DATE: June 28, 1985 FILE:
of the Board
of County Commissioners
DIVISION HEAD CONCURRENCE: FINK REQUEST TO REZONE 11
%. ACRES FROM LM -1, LIGHT
SUBJECT: MANUFACTURING DISTRICT,
Robert M. Keat'ng, 6xCP TO RS -6, SINGLE-FAMILY
Planning & Development Director RESIDENTIAL DISTRICT
FROKi�chard Shearer, AICP REFERENCES: ZC-142 BCC Memo/Fink
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 14,.1985.
DESCRIPTION & CONDITIONS
Mr. Johnny Fink, an agent for Joseph Fink, Jr., and Joseph
Charles Fink, the owners, is requesting to -rezone 11.06 acres
located on the south side of 41st Street (South Gifford Road) and
approximately one-quarter mile east of Kings Highway from LM -1,
Light Manufacturing District, to RS -6, Single -Family Residential
District, (up to 6 units/acre).
The applicant is requesting this rezoning in order to build on to
an existing non -conforming single-family residence.
On June 27, 1985, the Planning and Zoning Commission voted 4 -to -1
to recommend approval of this request.
ALTERNATIVES & ANALYSIS -
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property contains three (3) single-family dwellings.
North of the subject property is undeveloped property zoned LM -1.
East of the subject property is a single-family dwelling on a
large parcel of land on the south side of South Gifford Road
zoned LM -1 and vacant land and Plant Products Corporation on the
north side of the road zoned M-1, Restricted Industrial District.
South of the subject property is undeveloped land in the City of
Vero Beach and a single-family subdivision in the County zoned
RS -6. West of the subject property is vacant land. Further west
is the- Mosquito Control Board facilities zoned LM -1 and
undeveloped land and a single-family subdivision zoned RS -6.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all of
the land around it, except for the property in the City, as part
of the Gifford MXD, Mixed -Use District (up to 14 units/acre).
The Comprehensive Plan states that within MXD areas the County
shall encourage redevelopment in accordance with the dominant
land use pattern. The predominant land use in this part of the
Gifford Mixed -Use District is residential. Future industrial
development immediately adjacent to and west of the subject
29
AUG 14 1985 Boa
'r -
AUG 14 1985
Boa 61 r,.{;F 781
property should be discouraged and additional down -zoning of this
area should be considered after the staff has completed a
detailed analysis of this area. Residential zoning at densities
of up to 6 units/acre should be considered to buffer the LD -1
land west of Kings Highway from the .more intensive uses east of
the subject property.
Based on the existing residential use of the subject property,
and the fact that the land immediately surrounding the subject
property is undeveloped or developed in residential uses, the
proposed rezoning request is in conformance with the Compre-
hensive Plan and is consistent with the surrounding land uses.
Transportation System
The subject property has direct access to South Gifford Road
(classified as a Primary Collector Road on the Thoroughfare
Plan). The maximum development of the subject property under
RS -6 zoning could generate up to 440 average annual daily trips.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area.
Utilities
A County water main ends approximately one-half mile east of the
subject property. County wastewater facilities are not avail-
able.
RECOMMENDATION -
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Planner Shearer informed the Board that staff has been
working with the Finks for several years. The Fink family has
houses on this property and would like to add on, but cannot
expand because they are a non -conforming use. He noted that
staff would like to take a detailed look at a possible rezoning
of the whole area, but they did not want to hold up the Finks.
This property has been in single family use for approximately 70
years, and the family intends to stay there. Staff, therefore,
recommended approval even though they did have some concerns
about the proximity of this property to the airport.
Planner Shearer continued that he did meet with some City of
Vero Beach representatives, and while they were concerned there
might be a problem over the long term (15-20 years), they did not
think it would unduly stress the airport at the present time.
Commissioner Wodtke noted the Fink family is very desirous
of staying together, and this property is all within the family.
30
The Vice Chairman asked if anyone present wished to be
hea rd.
James Studer, owner of the property across the street from
the subject property and manager of Plant Products Corp., a
fertilizer plant also located across the street, informed the
Board that he has nothing against the Finks living on this
property and expanding their homes; he did, however, feel that it
is ridiculous that the land should have to be rezoned from M-1 to
single family just for that reason, and he felt a variance would
be in order rather than changing the whole 11 acres to single
family residential. Mr. Studer pointed out that the County dump
station already is in this area, the new Humane Society, and
Mosquito Control, as well as the fertilizer plant, and he
believed that at some time in the future this area, which is in
the proximity of the airport, would be very desirable for light
industry and that there is not enough of this type of property in
this area.
In the ensuing discussion, Board members expressed their
agreement with Mr. Studer's remarks, but noted that under County
Code you can't expand a non -conforming use and the statutes do
not allow a use variance.
Mr. Studer wished to know why a variance isn't available,
and Attorney Vitunac noted that a use variance is illegal
everywhere.
Vice Chairman Scurlock explained that this came about
because variance boards have run into trouble becoming, in
effect, almost a rezoning board, and this was an attempt under
the law to limit their powers.
Johnny Fink came before the Board representing the Fink
family. He confirmed that they have no problem with Mr. Studer
and his business, but in regard to the possible future expansion
of manufacturing in this area, Mr. Fink informed the Board that
in the last several years there have been 40-50 $100,000 plus
homes built within 1/4 mile from the end of their property. He
31
AUG 14 1985 BOOK. F GE 7820
AUG 141985 Bou 61 DH;E 783
stated that he personally has talked with a lot of these owners,
and they intend to oppose any further industrial expansion in the
area. Mr. Fink noted that the Fink property is situated between
two subdivisions. His family has been there for many years, and
they don't intend to sell their property; they simply want to
remodel and expand their houses to be comparable with other homes
in the neighborhood.
Mr. Studer confirmed that the residential area did grow, and
while these home owners may not want more industrial, he wished
to point out that his property has been zoned for light industry
for many years, which these people knew, and he also wants to
expand. Mr. Studer again emphasized that he only wishes the
Finks well, but continued to express his concern about being able
to develop his property in the future, especially as they now are.
finally at a point where they are financially able to do so. He
urged that the Board not let the proposed rezoning indicate that
his industrial property is going to become non -conforming in the
future because of the residential area.
It was determined that no one further wished to be heard.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
closed the public hearing.
MOTION.WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, to adopt Ordinance 85-68 re-
zoning the Fink property from LM -1 to RS -6 with
the understanding that there is a lot of land in
this area designated Light Industry, and the Board
will have to give this consideration when requests
for expansion of industry are received in the future.
Commissioner Bird noted that the Finks are in an MXD area,
which is predominantly LM on our Land Use Map.
32
Commissioner Wodtke stated that he is willing to accommodate
the Finks so they can maintain their residences as he believed
that even though they realize it is an industrial area, they want
to continue living there. He did, however, wish to know what
staff's position would be if Mr. Studer came in with an applica-
tion for industrial expansion.
Director Keating stated that if Mr. Studer brought in a site
plan now, he would be all right as he is in an MXD designation.
The only problem he might have would be if staff in the adminis-
trative rezoning process made a recommendation for rezoning of
the area and the Board approved it.
Planner Shearer noted that the property at the north is
LM -1, and he did not believe staff would recommend that an
existing use such as Plant Products be changed to single family.
Commissioner Wodtke asked if all the land Mr. Studer is
referring to is in one ownership, and Mr. Studer advised that it
is a family corporation. There is one six acre strip they do not
own, but they are in the process of buying it. He emphasized
that he is not concerned about the warehouse that is already
planned, but the other property further out, which they do want
to be able to develop later even though residences are being
built in the area.
AUG 14 1985
L_ I
THE VICE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0).
33
BOOK �' �.," 784
r AUG 14 1985
ORDINANCE NO. 85-68
BOOK 61 F° 1E 785
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning
Ordinance of Indian River County, Florida, and the accompanying
Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
County, Florida, to -wit:
The west 11.06 acres of Tract 11, Section 28,
Township 32S, Range 39E, according to the last
general plat of lands of the Indian River Farms
Company, filed in the office of the Clerk of the
Circuit Court of St. Lucie County, Florida.
Be changed from LM -1, Light Manufacturing District to RS -6,
Single -Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 14th day of August 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: 2)'.1 G.
DON C. SCURLOCK JR.
Vice Chairman
Acknowledgment by the Department of State of the State of Florida
this 19th day of August , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 26th day of August, 1985, at 11:00A.M./P.M. and
filed in the office of the Clerk of the Board of County n
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
CHARLES P. VITUNAC, County Attorney
34
PRESENTATION ON ADVANCED LIFE SUPPORT (ALS) - RICHARD LAMB
The Board reviewed the following memo from Richard Lamb,
Chairman of the ALS Research and Feasibility Committee:
River Memorial Hospital
000 36th Street a 305-567-4311
Vero Beach, Florida 32960
Executive Director
Alan C. Guy
TO: MEMBERS OF THE ADVANCED LIFE SUPPORT
RESEARCH AND FEASIBILITY COMMITTEE
FROM: RICHARD L. Wy
16d
CHAIRMAN
SUBJECT: UPDATE ON PROGRESS
blSTRMUTION LIS-`
Commissioners W1. -
Administrator t..-- 1,0
Attorney
Personnel
Public Works
Community Dev.
Utilitlies
Finance
-- Other
First of all, I would like to thank all of you who attended
the committee meetings and took part in the discussion for
your participation. Your comments and suggestions were a
great help in achieving the results we have thus far
accomplished.
At the last meeting of the Indian River County Hospital
District Board of Trustees, the projected figure for
funding the ALS Program was approved unanimously by the
Board as a part of their budget for fiscal year 1985-86.
The next step in achieving our goal will be to have the
Board of Directors, who operate the Hospital, agree to
administer the program. Mr. Guy has already presented the
concept to the Board of Directors at a previous meeting.
There will be further discussion on the issue at their next
meeting.
Enclosed please find a copy of the minutes dated July 1,
1985 and also a copy of the revised minutes dated June 17,
1985.
Once again, I thank you for your participation. I will
keep you informed as events progress and notify you
regarding the scheduling of any further committee meetings
that may be necessary.
35
AUG 14 1985 BooK'�. FA,;� 786
I
UG 14 1985
BOOK 61 FA GF. 78 7
Mr. Lamb came before the Commission to make his presentation
and thanked OMB Director Barton, Administrator Wright, and Com-
missioners Bowman and Bird for their input and help on the
committee. Mr. Lamb then gave a brief overview, noting that when
the Committee found there was a need for ALS, it was originally
felt the County should run it, but after much discussion about
feasibility, finances, etc., it was found there were some severe
millage limitations with the county versus the hospital and that
it would be more feasible for the hospital. Since that time the
Hospital has more or less taken the ball, and their Board of
Trustees and Finance Committee have unanimously approved all
funding for ALS.
Mr. Lamb then introduced Alan Guy, Executive Director of
Indian River Memorial Hospital to bring the Board up to date.
Mr. Guy expressed his belief that a very good job was
performed by the Committee in reviewing this process, and it was
determined that the community at large was generally in favor of
being able to extend the emergency room and the hospital's
capabilities out to a medical emergency site and that they would
support such a program. He noted that the committee made a point
of getting the input of representatives from the County, the
ambulance squad, the fire department - all those involved in the
emergency response system of the county. Mr. Guy emphasized that
it was known from the beginning that the ambulance squad would be
an integral part of anything that was put in place; that they
have kept the squad advised and involved and will continue to do
so; and that, in fact, the District Board now has found that the
role of that squad will be even more significant than originally
anticipated because the entire system will have to be certified
by the state as an ALS system.
Mr. Guy noted that ALS is not only a part of the emergency
response system, but it also is a medical delivery system, and
while the Board is in control of a part of the emergency response
system, the Hospital is in control of a good part of the medical
36
response system. This, therefore, is a great opportunity for the
two groups to reach out and extend a very worthwhile service to
the community.
Mr. Guy went on to inform the Commission that the Hospital
District Board of Trustees has embraced the ALS project and has
approved funding in their budget on a net cost type of situation.
He explained that there was some talk about the entire cost being
budgeted the first year and any revenues would be used to offset
taxes for the next year, but in the currently proposed situation,
that is not the case - the net has been budgeted. There will be
some fees, which they will try to collect, which hopefully will
reduce the cost to the taxpayers substantially. A system such as
this, however, cannot exist without taxpayer support; so, there
will have to be a combination of taxes and fees. Mr. Guy stated
that the Hospital is excited about the medical potential of ALS
and will appreciate the Board's support of this program. He then
introduced Dudley Teal, Medical Director of the Hospital's
emergency services, who will be the Director of the ALS system as
it comes to completion.
Mr. Teal noted that ALS is the way to bring the emergency
department into people's homes and out on the streets, and the
great importance of this, especially in the case of heart
attacks, cardiac arrest, and trauma, is in the saving of time.
Mr. Teal described how the ALS people would be in direct
communication with the physician in the emergency room. He
reported that these systems have been instituted nationwide, and
the only reason they ever have been terminated is lack of
funding.
Commissioner Bird asked if it is the intent to operate the
ALS system on a countywide basis, and if so, what other
facilities would be brought into play, i.e., would someone be
stationed in Fellsmere or Sebastian, etc.
Rick Lamb reported that the system is intended to be
countywide, and at this point, they are anticipating three basic
37
AUG 4 Boos 61 Fa,,F'788
AUG 14 1995 BOOK 61 F,L' 789
districts - the North County area, the centralized Vero Beach
area, and the Barrier Island.
Mr. Guy confirmed that they will be starting with a rather
minimal service, probably in the three areas mentioned by Mr.
Lamb, and at this stage the response personnel and vehicles will
have to be located either at ambulance stations or fire stations,
which will require the cooperation of county agencies. Where
they actually would be located, however, is impossible to say
today.
Commissioner Bird inquired whether someone injured in the
North County, for instance, would be taken to the nearest
hospital or to Indian River Memorial Hospital.
Mr. Teal believed that in a life threatening situation, they
would be taken the the nearest hospital, but pointed out that the
neurosurgeon is at Indian River Memorial; so, it would depend on
the particular situation.
Mr. Guy informed the Board that they have been in
conversation with Humana Hospital in Sebastian. He admitted
there is a competitive situation of sorts, but pointed out that
this system needs to be as free of that type problem as possible.
He expected no problems in working out an arrangement.
Commissioner Wodtke inquired about financial arrangements
with another hospital, and Mr. Guy stressed that the funding is
only there to support the response system itself; it does not go
into the hospital system. They are trying not to merge the two.
Commissioner Bird noted that occasionally there is a need to
go outside the county to provide emergency services, and he asked
if they would respond to an accident on the Turnpike, for
instance.
Mr. Lamb believed that would be one of the key areas as
there have been some serious accidents out at Yeehaw Junction and
the Turnpike, and he confirmed that their equipment would operate
at that distance. He stated that they would at this time like to
request public support from the County Commission.
38
The Vice Chairman asked for a Motion of endorsement.
MOTION WAS MADE by Commissioner Wodtke, SECONDED by
Commissioner Bird, that the Commission offer full
support of not only the Commission itself, but County
staff also, to work with the ALS Committee in their
future planning, which most likely will require some
Commission approval re some of our departments and that
the Commission also commend the Hospital District and
the ALS Committee for their efforts and the position
they have taken.
Commissioner Wodtke emphasized that he does feel ALS is in
the right spot. He noted that he had not known if they were
going to ask for some assistance re indigent money or something
of the sort, but he really felt that the ALS needs to be in one
district and that we don't get into a situation of their coming
to the Board for funds. Commissioner Wodtke also felt strongly
that when such services are provided, the individual should pay
for it according to a fee structure, which he hoped would keep
down the cost to the taxpayers.
THE VICE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0).
DISCUSSION RE ESTABLISHMENT OF LIBRARY BOARD
Vice Chairman Scurlock informed the Board that he has
discussed the formation of a Library Board with Chairman Lyons,
and the individuals he is going to suggest all have agreed to
serve if appointed. They are:
Dr. Jeffrey Slade
Mary Louise Scheidt
Betty Jean Hensick
Terry Goff
Fred West
39
AUG 14 19 5
BOOK 61 P,1cE 79®
AUG 14 1995
BOOK 61 PAGE 791
Vice Chairman Scurlock stated that he would serve until
Chairman Lyons can return, and noted that we still have the
ability to add one more.
The Vice Chairman reported that the Library Plan would be
presented to the Board no later than December 31st and the Plan
would include presentation to the public of a referendum to
establish a special taxing district and a millage cap sufficient
to implement the Plan, which referendum should presented for
approval no later than March of 1986. This will be presented in
the form of a suggested Resolution on the next Commission agenda.
ACTION RE MAINTENANCE OF STATE ROADS
Commissioner Wodtke noted that he previously has expressed
his concern in regard to the lack of adequate maintenance of
state roads in our district, and he would like some action taken
in this regard.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
directed the Vice Chairman to write an official
letter to the State Department of Transportation
addressed to the Supervisor of our district, re-
questing that a joint meeting be set up between
their representatives, this Commission, and our
State Representative, Dale Patchett, to discuss
these problems.
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon adjourned at
10:15 o'clock A.M. in order that they might reconvene acting as
the District Board of Fire Commissioners of the North Indian
River County Fire District. Those Minutes are being prepared
separately.
40
The Board of County Commissioners reconvened at 10:24
o'clock P.M. with the same members present, Chairman Lyons being
absent.
DISCUSSION REGARDING RESOLUTION TO ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
Commissioner Bird requested additional clarification as to
the status of the draft of a Resolution to be presented to the
St. Johns District which was discussed at last week's meeting.
County Attorney Vitunac informed the Board that he has the
draft prepared, but felt it could be put on next weeks' agenda as
it seems we have already missed the deadline.
In discussion, Commissioner Wodtke stated that he would like
to have the Resolution reviewed, changes made if any are needed,
and authorize it at this time.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, discussion of the above Reso-
lution was added to the agenda as an emergency
item.
Considerable discussion ensued regarding the fact that the
majority of the present members of the St. John's River Basin
Recreational Council have been chosen due to their technical
expertise as representatives of various State agencies, and there
is only one representative from Indian River County.
Commissioner Wodtke urged, as discussed previously, that we
request that the District create a technical advisory committee
made of up the representatives from the various state agencies
and that the Recreational Advisory Council have more
representatives from Indian River County and Brevard County.
The Administrator suggested language be included that 50% of
the representatives on the Recreational Advisory Council should
be from Indian River County.
41
AUG 14 1985 BOOK
FF --
AUG 14 7985
BOOK 61 ;c9
Commissioner Bird felt Brevard County should have additional
representation as well and suggested language urging that
"additional representatives be appointed from Indian River County
and Brevard County so we will be more adequately represented."
The Administrator believed it would be better to specify a
percentage, i.e., "at least 50% of the representatives to be from
Indian River County."
Attorney Vitunac reviewed the suggested changes to the
proposed Resolution as follows:
1) request reorganization of the structure of the Recreational
Council;
2) request more adequate representation for Indian River County
(500) and also additional for Brevard County; and
3) request the creation of a separate Technical Advisory
Committee.
ON NOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously
adopted Resolution 85-83, including the changes
suggested above.
42
RESOLUTION NO. 85-83
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, TO THE ST. JOHN'S
RIVER WATER MANAGEMENT DISTRICT REGARDING THE
RECREATIONAL PLAN FOR THE UPPER BASIN.
WHEREAS, the St. John's River Water Management
District has established the Upper St. John's River Basin Recrea-
tional Council for the purpose of establishing policy relating to
the management of the eight proposed recreational sites located on
property owned by the St. John's River Water Management District;
WHEREAS, the St. John's River Basin Recreational
Council consists of thirteen members, only one of which resides in
Indian River County and represents the interests of the citizens
of Indian River County;
WHEREAS, several of the present members of the St.
John's River Basin Recreational Council have been chosen due to
their technical expertise as representatives of various State
agencies;
WHEREAS, the St. John's River Water Management
District owns or intends to acquire approximately 32,000 acres in
Indian River County;
WHEREAS, six of the eight proposed recreational areas
to be managed by the St. John's River Basin Recreational Council
are located within Indian River County; and
WHEREAS, Indian River County residents will be among
the primary users of recreational facilities located in Indian
River County;
NOW THEREFORE BE. IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY -that:
1. The Board of County Commissioners hereby urges the
officials of the St. John's River Water Management District to
reorganize the structure of the existing Upper St. John's River
Basin Recreational Council by appointing additional repre-
sentatives from Indian River County and Brevard County, in order
that the needs and best interests of the citizens of these
counties will be more adequately represented before the Council.
Indian River County also urges that at least 50% of the repre-
sentatives be from Indian River County.
43 '
AUG 14 1985 BOOK 61 F°LE 794
AUG 14 1995
BOOK
16 1 FAtor 70 j
95
2. The Board of County Commissioners further suggests
that the above -referenced officials consider establishing a
separate Technical Advisory Committee to consider technical
matters relating to recreational areas, such committee consisting
of technical experts and that policy decisions regarding the
recreational areas be made by representatives of the affected
counties acting through the existing St. John's River Basin
Recreational Council, reorganized as requested herein.
Thee foregoing resolution was offered by
Commissioner Bird who moved its adoption. The
motion was seconded by Commissioner Bowman and, upon
being put to a vote, the vote was as follows:
Chairman Patrick B. Lyons Absent
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret_ C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared Resolution No.85-83 duly
passed and adopted this 14th day of August , 1985.
Attest:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By C.
DON C. SCIIR CR, JR.,
Vice -Chairman
Clerk of Circuit
)QA't' P
FORM
CIENCY:
/J ES P. SON,
As b istant Coun At£orney
Attorney Vitunac assured the Board that he would mail the
Resolution off today to the Chairman and Governing Board of the
St. John's River Water Management District.
44
Commissioner Wodtke requested that the accompanying letter
state that we tried to contact the District Board during the
meeting, but were not allowed to present our Resolution over the
phone.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 10:30 o'clock A.M.
ATTEST:
Clerk
AUG 14 195
45
BOOK 61 FaGE 796