HomeMy WebLinkAbout10/2/1985Wednesday, October 2, 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,
October 2, 1985, at 9:00 o'clock A.M. Present were Patrick B.
Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N.
Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also
present were Michael J. Wright, County Administrator; L. S.
"Tommy" Thomas, Intergovernmental Relations Director; James
Wilson, Assistant County Attorney; Jeffrey K. Barton, OMB
Director; and Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Russell Burns, Westminster Presbyterian Church,
gave the invocation, and Chairman Lyons led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Scurlock wished to add an award to the Employee
of the Quarter to today's agenda.
Assistant County Attorney Wilson requested that a discussion
of the Florida Indoor Clean Air Act be added to the agenda under
the Attorney's matters, and also that the contract between the
South County Fire District and the Medical Director be added.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously added
the items requested above to today's agenda.
EMPLOYEE OF THE QUARTER AWARD
Chairman Lyons expressed his pleasure in presenting the
Employee of the Quart.er Award to Kathy Strickland, who does such
a fine job for us in the Mail Room. He presented Mrs. Strickland
with a plaque and a check for $50.00.
i. OCT 2 1985
K IE
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OCT 21985 BOOK 62 PACE
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Special Meeting of September 4,
1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Special Meeting of September 4,
1985,"as written.
CONSENT AGENDA
Administrator Wright informed the Board that he would like
to remove items D and L from the Consent Agenda in order to add
some minor items to them.
Commissioner Scurlock requested the removal of Items A and K
for discussion, and Commissioner Bowman asked that Item H be
removed.
A. City of Vero Beach Annexation Ordinance 85-26
Ordinance 85-26 of the City of Vero Beach, annexing
property into the City limits, which property is
generally located contiguous to the East boundary of
the City fronting on 17th St. and 3rd Court, was re-
ceived and placed on file in the Office of the Clerk.
Commissioner Scurlock informed the Board that he has had
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number of people from the Rockridge area come to him and express
a great deal of concern about this item. We have had drainage
and traffic problems in this general vicinity for quite a while,
and the adjacent residents who still live in the unincorporated
area are very concerned about the impact of the site plan that
will be adopted by the City of Vero Beach. He, therefore, would
like to be able to authorize the Chairman to write a letter to
the Ci.ty of Vero Beach identifying our concerns in terms of both
drainage and traffic patterns.
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ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to write the City of Vero Beach as
described above.
a
B. Approval of Renewal Pistol Permits
The Board reviewed memo from the Administrator, as follows:
TO: THe Honorable Members of DATE: September 16, 1985 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMITS
-FROM: Michael Wright REFERENCES:
County Administrator
The following have applied through the Clerk's office for
renewal of pistol permits:
John M. Hamilton
Jack .0 . Regan
Eileen Agnes Regan
All requirements of the ordinance have been met.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
approved renewal applications for a permit to
carry a concealed firearm for John M. Hamilton,
Jack C. Regan, and Eileen Agnes Regan.
C. Approval of New Pistol Permits
The Board reviewed memo from the Administrator, as follows:
3
BOOK 2 RAGE
O C E 21985 r
BOOK 6 PAGE 254
TO: The Honorable Members of DATE: September 16, 1985 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMITS - NEW
FROM: Michael Wright REFERENCES:
County Administrator
The following individual has applied through the Clerk's
office for a new pistol permit: .s
Earl Raymond Cason
All requirements of the ordinance have been met.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
approved application for a permit to carry a
concealed firearm for Earl Raymond Cason.
D. Supervisor of Elections -Requisition for Budgeted Funds
The Board reviewed request of the Supervisor of Elections,
as follows:
4
••' R CO
'••••••'•• ANN ROBINSON
o y �
`•�Z': 0 : �G SUPERVISOR OF ELECTIONS
�; o y 1840 25TH STREET, SUITE N-109
•
�VERO BEACH, FLORIDA 32960-3394
�. QF N TELEPHONES: (305) 567-8187 or 567-8000
/s+'••••••'0��,,,�- September 23, 1985
� A
FOR BOARD OF COUNTY COMMISSIONERS AGENDA OF OCTOBER 2, 1985
The following request is a formality. It is being made in order
for me to comply with F.S. 129.202(1)(a) which took effect on
July 1, 1982. Freda Wright, Clerk, has agreed to continue to
handle the special account of the Supervisor of Elections, and
she said this involves only a bookkeeping transaction in Finance.
I requisition 25 percent of
office of the Supervisor of
of each month,*6.82 percent
/t1 n a . . -
Supervisor of Elections
the total
Elections
of the to
amount budgeted
and, thereafter
tal budgeted for
for the
on the first
the office.
F.S. 1983 COUNTY ANNUAL BUDGET' Ch. 129
the board of county commissioners or the county
budget commission all relevant and pertinent infor.
mation which such board or commission shall deem
necessary.
I'M The board or commission, as the case may be,
may require the supervisor of elections to correct
mathematical, mechanical, factual, and clerical errors
and errors of form in the proposed budget. At the
hearings held pursuant to s. 200.065, the board or
commission may amend, modify, increase, or reduce
any or all items of expenditure in the proposed bud-
get; and, as amended, modified, increased, or re-
duced, such budget shall be approved by the board or
commission, giving written notice of its action to spe-
cific items amended, modified, increased, or reduced.
(5) The board or commission shall include in the
county, budget the items of proposed expenditures as
set forth in the budget required by this section to be
submitted, after the budget has been reviewed and
approved The board or commission shall include the
supervisor of elections' reserve for contingencies pro-
vided herein in the reserve for contingencies account
in the general county budget.
(6) The reserve for contingencies in the budget of
a supervisor of elections shall be governed by the
same provisions governing the amount and use of the
reserve for contingencies appropriated in the county
budget.
(7) The proposed budget shall be submitted to
the board of county commissioners or county budget
commission pursuant to s. 129.03(2), and the budget
shall be included by the board or commission in the
general county.budget.
(8) The items placed in the budget of the board
pursuant to this act shall be subject to the same pro-
visions of law as the county annual budget; however,
no amendment may be made to the appropriations of
the office of the supervisor of elections without due
notice of the change to the supervisor of elections.
(9) The budget of the supervisor of elections may
be increased by the board of county commissioners to
cover such expenses for emergencies and unanticipat-
ed expenses as are recommended and justified by the
supervisor of elections.
History.—s. 1, ch. 82-202; s. 2, ch. 83-204; a. 38. ch. 83-217.
'Note.—Section 43, ch. 83-204. provides that ch. 83-204 "shall apply to as.
sesstnent rolls and taxes levied thereon for 1983 and each year. thereafter."
129-202. Budget of supervisor of elections;
matters related to allocation, expenditure, etc.,
of amounts in budget.—
(1)(a) The supervisor of elections shall requisi-
tion and the board of county commissioners shall pay
that officer, at the first meeting in October of each
Year, 25 percent of the total amount budgeted for the
office and, thereafter on the first of each month, 6.82
Percent of the total amount budgeted for the office.
However, if there are unusual or unanticipated ex-
penses in any one month, upon notification by the
supervisor of elections, the board shall transfer the
necessary amount, except that the total amount paid
during the year shall not, without appropriate
amendments, exceed the total budgeted for the year.
(b) The appropriation shall be transferred into a
special account set up in the name of the supervisor
of elections, and the clerk of the court acting as the
clerk of the board of county commissioners shall
draw checks or warrants thereon for payment of all
expenses requisitioned by the supervisor of elections.
All salaries shall be supported by payrolls, and all ex-
penses paid shall be supported with bills approved by
the supervisor of elections. Should the supervisor of
elections desire, he may have the monthly allocation
for the office of the supervisor of elections deposited
directly into an official bank or depository trust ac-
count for the supervisor of elections and draw his
own checks thereon for payment of budgeted expend-
itures authorized by law. All fees, commissions, and
other funds collected by the supervisor of elections
shall be deposited directly into the supervisor of elec-
tions' special account established under this subsec-
tion.
(c) Regardless of whether the supervisor of elec-
tions draws checks or warrants for the office of the
supervisor of elections or allows the clerk to handle
that function, the supervisor of elections may have a
revolving petty cash fund established for payment of
small cash outlay itdms by cash, check, or warrant.
The revolving petty cash fund shall be reimbursed
from time to time upon the presentation of vouchers
and receipts substantiating disbursements from the
fund.
(d) If the supervisor of elections draws the checks
or warrants for the office of the supervisor of elec-
tions, he shall keep the necessary budget accounts
and records and shall charge all paid bills and pay-
rolls to the proper budget accounts. If the clerk draws
the checks for the office of the supervisor of elections,
this responsibility shall remain with the clerk. A re-
serve for contingencies, or any part thereof, may be
transferred to any of the budget accounts in the dis-
cretion of the' -supervisor of elections.
(e) All expenses incurred in the fiscal year for
which the budget is made shall be vouchered and
charged to the budget for that year. To carry out the
purpose of this budgeting provision, the books may
be held open for 30 days after the end of the year.
(f) All unexpended balances at the end of each
fiscal year shall be refunded to the board of county
commissioners and deposited to the county fund or
funds from which payment was originally made.
(2) The independence of the supervisor of elec-
tions shall be preserved concerning the purchase of
supplies and equipment; the selection of personnel;-
and
ersonnel;and the hiring, firing, and setting of salaries of such
personnel; however, nothing herein contained shall
restrict the operation of any lawfully established
county civil service system.
History.—ss 2.4. ch. 82-202; s 39. ch. 83-217.
OCT 21985 5 BOOK MCE 2'
A
OCT 2 1985 DOOK': ` 62 PAGE 238
Administrator Wright advised the Board that at the last
meeting we authorized the sale of some surplus voting machines
and also authorized the account for the money to be put in, but
just as a bookkeeping matter, we did not authorize an increase in—
Cash Carry Forward; he would like to recommend that the Board do
so at this time.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
approved the requisition of the Supervisor of
Elections and also authorized the increase in
Cash Carry Forward relating to the sale of the
surplus voting machines as recommended by the
Administrator.
E. Release of Easements - Oslo Park (Bland)
The Board reviewed memo of Code Enforcement Officer Heath:
TO: The Honorable Members DATE: September 16, 1985FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENTS
SUBJECT: REQUESTED BY E. WAYNE &
KAREN. BLAND
Robert M. Ke t ng, CP
Planning & Development Director
FROM: REFERENCES:
Charles W. Heath E&K Bland
Code Enforcement Officer DIS:REMS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 2, 1985.
DESCRIPTIONS AND CONDITIONS:
The County has been petitioned by E-. Wayne & Karen Bland, owners
of subject property, for release of the 5 foot easements on
both the north and south side lot lines of Lots 2 and 3, Block
H, Oslo Park Subdivision, Unit #2. Lots 2 and 3, Block H, Oslo
Park Subdivision, Unit #2 are found in Plat Book 4, Page 13, of
the Public Records of Indian River County, Florida. These lots
are 50 feet in width and 100 feet in depth. It is the Bland's
intention to construct a single family residence on these lots.
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The current zoning classification is RS -6, Single Family
Residential. The land use designation is LD -2, Low Density
Residential, up to six units per acre.
ALTERNATIVES & ANALYSIS:
The request has been reviewed by Southern Bell, Florida Power
and Light Company, Florida Cablevision, the County Utility
Department, and the County Right-of-way Department. None of
these agencies had objections to the release of 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 side lot 5
foot utility and drainage easements being the north and south 5
feet of Lots 2 and 3, Block H, Oslo Park Subdivision, Unit #2,
would have no adverse effect. -•
RECOMMENDATION:
Staff recommends to the Board, through adoption of a
resolution, the release of the side lot 5 foot utility and
drainage easement being the north and south 5 feet of Lots 2
and 3, Block H, Oslo Park Subdivision, Unit #2, Plat Book 4,
Page 13 of the Public Records of Indian River County, Florida.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously adopted
Resolution 85-119 approving the release of the
5' easements on both the north and south side lot
lines of Lots 2 and 3, Block H, Oslo Park Subdivi-
sion, Unit #2, as requested by E. Wayne and Karen
Bland.
7
BooK 62PAGE237
F"'_
OCT
2 1985
BOOK .62
tPAGE 238
RESOLUTION NO. 85-119
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the
common side lot 5 foot easements of the north side of Lot 3, and
the south side of Lot 2, Block H, Oslo Park Subdivision, Unit
#2 according to the Plat thereof as recorded in Plat Book 4,
Page 13, of the Public Records of Indian River County, Florida.
WHEREAS, said lot line easements were dedicated on
the Plat of Oslo Park Subdivision, Unit #2 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 #2
shall be -released, abandoned and vacated as follows:
The side lot 5 foot easements of Lots 2 and 3, Block H,
Oslo Park Subdivision, Unit #2, Being the northerly 5 feet
of Lot 3, and the southerly 5 feet of Lot 2, according to
the plat thereof as recorded in official Record Book 4,
Page 13, 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 2nd day of October , 1985.
8
BOARD OF COUNTY COMMISSIONERS
OF InVnW RIVER COUNTY,
B
ick B
rman
_I
F. Lease of County Right -of -Way - (Clark Depue)
The Board reviewed memo of Assistant County Attorney Wilson:
TO: The Board of County DATE. September 24, 1985 FILE:
Commissioners
SUBJECT: LEASE OF COUNTY RIGHT OF WAY
CLARK DEPUE
FROM: AmvP ikon REFERENCES:
As ant County Attorney
The lease attached hereto is the first of two proposed leases relating
to County -owned right of way along 16th Street between the Florida East
Coast Railway and Old Dixie Highway. The County owns an exceptionally
large amount of right of ,way in this area due to prior plans to build
an overpass above the FEC Railway property. The right of way that we
intend to lease to the above -referenced subject is currently being used
for parking by the existing businesses.
Mr. Depue and the adjacent property owners intend to spend approximately
$50,OQ0.00 on landscaping and paving improvements to the parking area
for the three businesses located in this area. The cost of these
improvements will be credited towards the rental payments to be made on
the lease. At the end of the lease period, the lessees must make cash
payments if they intend to continue the use of the property.
The lease also provides that the County can reoccupy the property for
the installation of public improvements in the event such improvements
are inconsistent with the lessee's continued use. The County will not
be responsible to reimburse any of the costs of the improvements to the
lessee if the property is reoccupied by the County.
ON MOTION by Commissioner Scurlock, SECONDED by Commis-
sioner Wodtke, the Board unanimously approved License
to Occupy and Improve County Property for Clark Depue,
which license is on file in the Office of the Clerk.
G. Agreement between D.O.C. and County (Inmate Labor)
The Board reviewed memo of Assistant County Attorney Wilson:
9
eba .. 62- T4E 290
i
OCT 2 1995
TO: •rne noara of
Commissioners
n ty DATE:
4006 ° PAGE 300
, 17 UJ
FILE:
SUBJECT: MEMORANEEMENT
BETWEEN DEPT. EPT. OFUM OF RCORRECTIONS
AND INDIAN RIVER COUNTY
FROM: es Wilson, ��ERENCES:
Jr -St. County Atto
Attached hereto is a proposed contract between Indian River County and
the Department of Corrections regarding the assignment of an inmate to
work with the County Refuse Department. This agreement is identical to
a previously approved agreement regarding inmate labor at the County
landfill.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously approved
Memorandum of Agreement between the Department of
Corrections and the County re inmate labor for
the Refuse Department.
.
10
MEMORADNUM OF AGREEMENT
BETWEEN
THE DEPARTMENT OF CORRECTIONS
AND
INDIAN RIVER COUNTY
Pursuant to Florida Statute 946.40, the Indian River Correctional Institution, herein
known as IRCI and Indian River County, enters into a Memorandum of Agreement for the
purpose of utilizing Inmate labor for general maintenance with the Indian River County
Refuse Department, hereinafter referred to as Refuse Department. This Agreement shall
remain in full force until one or both parties cancel said Agreement by providing 30
day advance notice of cancellation. This Agreement may be revised or altered by mutual
agreement of the parties involved, provided however, that the Agreement is reviewed
and renewed at least annually.
Inmates assigned to this public works project shall be under the overall administrative
supervision of IRCI. Inmates who have been classified minimum custody according to
Department of. Corrections rules may be utilized by the Refuse Department without a.
Correctional Officer or other authorized Department of Corrections employee present
during transit to, from, and at the work site.
The County agrees to:
1. Schedule the use of one minimum custody inmate to be supervised by the Refuse Department
personnel. The number of inmates utilized may be changed upon mutual agreement of _
the Superintendent of IRCI.and the Supervisor of the Refuse Department. Said change
shall be made part of this Agreement by adendum.
2. Transport inmate to and from work site by employee of the Refuse Department in
an authorized County vehicle, assuming responsibility for direct inmate supervision.
3. Provide IRCI a schedule of work hours which the inmate will be worked, provided
the work day does:not exceed 10 hours, including travel time, for a five day
work week. Advise in advance IRCI if the inmate will not be picked up on any
particular day(s), or advise IRCI if the inmate will be returning to IRCI late.
4. Provide all tools,,equipment and personal items such as gloves, boots, hard -
hats, etc., necessary to perform work in a safe and effective manner.
5. Utilize responsible personnel to supervise inmate. Refuse Department inmate
supervisor(s) will be instructed.on Department of Corrections Rules and Regulations
relative to supervising inmate. ,
6. Notify IRCI immediately when Refuse Department inmate supervisor knows of an inmate•
escape.
7. Evaluate performance of inmate under Refuse Department supervision and report to
IRCI any failure of inmate to perform his task in a satisfactory manner.
8. Within the scope of.Refuse Department inmate supervisor training, provide first
aid for on-the-job injuries. When an injury requires emergency medical treatment,
transport inmate immediately to nearest medical facility and provide security
until relieved by IRCI. If an inmate becomes ill while at the work site and
does not require emergency medical treatment, notify IRCI for instructions.
Report all injuries, regardless of seriousness, to IRCI. IRCI will be responsible
for all medical expenses.
9. Ensure that inmate(s) are not exposed to or have access to work areas where
weapons or other tactical equipment is stored or used.
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OCT 21995 ..� .
rOCT 21985
i
IRCI agrees to:
BQoK 62 PAGE3 02.
1. Provide the Refuse Department with a minimum of one minimum custody inmate during
the normal work week. Inmate is subject to emergency work;
2. To the maximum extent possible, assign the same inmate to the Refuse Department
work crew on a day-to-day basis. In those situations where the same inmate cannot .
be assigned, minimum custody alternates will be provided.
3. To provide inmate with all personal items of clothing, appropriate to the'season
of the year and with lunches for a noon meal.
4. To provide inmate physically able to perform manual labor.
5. -Provide transportation back to IRCI for inmate that refuses to work or becomes
incapacitated during workday. Where possible, provide.a replacement,when this
occurs.
6. Be responsible for apprehending escapees.
7. Be responsible for administering all disciplinary action against inmate for,
infractions committed while under the Refuse Department's supervision.
8. Notify the Refuse Department in writing of any event where the Refuse Department
inmate supervisor fails to provide proper inmate supervision.
9. Provide orientation for Refuse Department inmate supervisor.
IRCI and Refuse Department mutually agree to:
1. To designate IRCI and Refuse Department employee to be contact for coordinating
daily operations, problems, etc.
2. To assist each other in any or all civil liabilities resulting from inmate
supervision.
IRCI contact will be the Administration Lieutenant: 569-5100 (205) SC 454-5484
Refuse Department contact wil be Rex Hailey, Superintendent
Parks and Recreation
589-9223
This Memorandum of Agreement constitutes the complete understanding between IRCI
and the Refuse Department for the use of inmate labor.
Ind n'ver Correctio al stitution Date
10-2-85.
n, Indian River Co u ty Commission Date
Dire tor, ion IV Date
12
H. DER/Army Corps/DNR Permit Applications - Board of Co. Comm.
The Board reviewed memo of the Chief Environmental Planner:
TO: The Honorable Members DATE. September 18, 1985FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS &
SUBJECT: D.N.R. PERMIT APPLICATIONS
Robert M. Keati g, P
Planning & Development Director
FROM: ccs REFERENCES:
Art Challacombe DER BCC
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on October 2, 1985.
ARMY CORPS PERMIT APPLICATION FILE NO. 851'P6-20342
APPLICANT: Board of County Commissioners
Indian River County
184025th Street
Vero Beach, Florida 32960
WATERWAY & LOCATION: Tributaries to the Indian River at the
proposed Indian River Boulevard extension and the Tenth Street
Canal, the Sixteenth Street Canal, and the Fourteenth Street
Canal, in Vero Beach, Section 6 and.7, Township 33 South, Range
40 East, Indian River County, Florida.
LATITUDE & LONGITUDE: Latitude 8002310011, Longitude 27037100"
WORK & PURPOSE: The applicant proposes to excavate 548 cubic
yards of material and place 300 cubic yards of material below
the plane of mean high water, and place 953 cubic yards of fill
material above the plane of mean high water in conjunction with
the construction of culverted bridges at the Sixteenth Street
Canal and the Tenth Street Canal, and a bridge over the Four-
teenth Street Canal. The proposed project will facilitate
traffic flow by extending Indian River Boulevard.
ALTERNATIVES & ANALYSIS:
The Planning and Development Division reviews and submits
comments on dredge and fill applications to the permitting
agencies based upon the following:
The conservation & Coastal Zone Management Element of
the Indian River Comprehensive Plan;
- Coastal Zone Management, Interim Goals, Objectives &
Policies for the Treasure Coast Region; and
- The Hutchinson Island Resource•Planning & Management
Plan.
13
®uT 219 5 WOK �� Pace
BOOK .62 PAGE -3j
- The Code of Laws and Ordinances of Indian River County
- Indian River Lagoon Aquatic Preserves Management Plan
Theeproposed project is not expected to adversely affect
aquatic habitat; however, red and black mangroves located on
the 14th Street canal banks must be removed to accommodate the
proposed bridge. The replanting of mangroves in this or other
County property will serve as mitigation and satisfy the
requirements of the County's tree protection ordinance.
The proposed project will implement the County's thoroughfare
plan and is in conformance with the environmental policies
relating to roadways in the Transportation Element of the
Comprehensive Plan.
RECOMMENDATION:
It is recommended that the Board of County Commissioners
authorize staff to forward a letter of no objection to the
proposed project.
Commissioner Bowman was concerned about the drainage in
Rockridge and wondered when the proposed work is being done
whether .something can be done about the canal that is always
blocked up down there.
Commissioner Wodtke believed that is the D.O.T. drainage
outfall, and the Administrator noted that all we are talking
about is a bridge to get over the canal.
Commissioner Bird believed that what Commissioner Bowman
is referring to is a delta that has been formed in the river and
there have been requests from the boating interests in Fairlane
Harbor to dredge this out. Public Works Director Davis, however,
says that although it does impact boating, it really doesn't
impact the drainage coming out of Rockridge, and he, therefore,
couldn't justify removing that as part of the Indian River
Boulevard project.
Discussion continued with Commissioner Bowman continuing to
emphasize her concern over drainage rather than boating.
Commissioner Scurlock felt if we want to get into a dis-
cussion of drainage that is a separate issue and should be put on
the agenda as a separate item. The Chairman concurred that we
should put this on a later agenda.
14
M M M
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to forward a letter of no objection to the
project described in staff memo dated September 18,
1985.
I. Establishment of Census Statistical Area Committee
The Board reviewed memo of Chief Planner Richard Shearer:
TO: The Honorable Members DATE: September 23, 1985FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
4�_ _P - ° SUBJECT:
ESTABLISHMENT OF CENSUS
Robert M. Keatin , A STATISTICAL AREA COMMIT -
Planning & Development Director TEE
FRONTichard Shearer, AICP REFERENCES: ESTAB. /CENSUS MEMO
Chief, Long -Range Planning CHIEF
It. is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 2, 1985.
DESCRIPTION & CONDITIONS
The Atlanta office of the U.S. Census Bureau has contacted the
County about organizing a --Census Statistical Area Committee,
designating a Census Statistical Area Key Person from among the
Committee's membership, and formulating proposed revisions to
existing census tract boundaries and delineating block group
boundaries in preparation for the 1990 Census. This work must be
completed by June 30, 1986.
ALTERNATIVES & ANALYSIS
The Census Statistical Area Committee should include individuals
in the County who use census data on a regular basis. The
committee must include at least five individuals and could
include representatives from local planning agencies, school
districts, chambers of commerce, libraries, health departments,
and supervisor of elections offices.
RECOMMENDATION
Staff recommends that the committee include the following:
1980 Statistical Area Key Person
Representative, Vero Beach Planning Department
Representative, City of Sebastian
Representative, Supervisor of Elections
Representative, Planning & Development Division
Representative, Long -Range Planning
Representative, County School District
15
OCT 2 1995
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously approved
staff's recommendations for the makeup of the
Census Statistical Area Committee as set out above.
J. Surplus Property, Vertical Power Files
The Board reviewed memo of the Purchasing Manager,Goodrich:
TO: Board of County Commissioners DATE: Sept. 25, 1985 FILE:
THRU: Michael Wright SUBJECT: Surplus Property -Vertical Power
County Administrator Files
FROM: ► g -r _-e-e-,�_-,REFERENCES:
Carolyn drich, Manager
Purchasing Department
1. Description and Conditions
At the County Commission meeting of August 14, 1985, the
Board declared the (4) Vertical power files located in the
Property Appraisers office as surplus property.
The files were advertised for'sale and bids were opened on
September 24, 1985 at 11:00 A.M.
2.. Alternatives and Anal sis
The only bid was for a total of $40.00 for all (4) files
from Joseph DiPierro. The cost of removing the files from
the County premises is to be borne by the successful bidder.
For the County to dismantle and move them would cost approximately
$8,000.00.
3. Recommendation
It is recommended that the (4) vertical power files be sold
to the only bidder, Joseph DiPierro.
ON MOTION by Commissioner Scurlock, SECONDED by Commis-
sioner Wodtke, the Board unanimously approved the sale
of the 4 surplus vertical power files in the Property
Appraiser's office to the only bidder, Joseph DiPierro.
16
� r �
In
K. Right -of -Way Easement (Blue Cypress Lake Park) - Peace River
€Tectric ooperat ve
The Board reviewed memo of Assistant County Attorney Wilson:
TO: The Board of County DATE: September 24, 1985 FILE:
Commissioners
SUBJECT: BLUE CYPRESS LAKE PARR
FROM:
As an�t Wilson REFERENCES:
County Attorney
The easement attached hereto will permit the Peace River Electric
Cooperative to install and maintain electrical lines through Blue
Cypress Park to service stilt houses in the lake.
Commissioner Scurlock stated that he would vote for the
Motion, but just wished to note that while we are taxing part of
our residents through the franchise fees charged to FP&L, we are
not receiving such a fee from the City of Vero Beach nor Peace
River Electric, which is not consistent, and he would at some
time like to get an opinion on this from our Attorney.
Commissioner Bird commented that he has not had a chance to
find out just where these lines are proposed to be laid and what
impact it might have on our abilities to further develop that
park. He did not know if there had been any coordination with
Peace River Electric on this.
Intergovernmental Relations Director Thomas reported that
there has been coordination, and he could not foresee any problem
as this is only a distance of 100' or so at the most, and it goes
from the far side of the little inlet where Mr. Middleton keeps
his boats straight to the edge of the water.
ON MOTION by Commissioner Scurlock, SECONDED by Commis-
sioner Bird, the Board unanimously granted the Right -of -
Way Easement to Peace River Electric Cooperative, Inc.,
and authorized the signature of the Chairman.
17
BOOK62 PAGE 30 7
? I "A
RIGHT OF WAY EASEMENT
BOOK 62 PACE 308
The undersigned, INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, whose mailing address is
1840 -25th Street, Vero Beach, Florida, for good and valuable.
consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto PEACE RIVER ELECTRIC COOPERATIVE, INC., a
corporation (hereinafter called the "COOPERATIVE") whose post
office address is Wauchula, Florida and to its successors or
assigns, the right to enter upon the lands of the undersigned
situated- in the County of Indian River, State of Florida and more
particularly described as follows:
The North 800 feet of Lot L of Fellsmere Farm Company's
Subdivision of Township 32 South, Range 36 East,
according to Plats filed in Plat Book 2, pages 18 and
21, of the Public Records of St. Lucie County, Florida,
said lands now lying and being in Indian River County,
Florida,
and to place, construct, operate, repair, maintain, relocate and
replace thereon and in, upon or under all streets, roads or
highways abutting said lands, an electric transmission or
distribution line or system and to cut, trim and/or chemically
treat trees. 'and shrubbery to -the extent necessary to keep them
clear of said electric line or system and to cut down from time to
time all dead, weak, leaning or dangerous trees that are tall
enough to strike the wires in falling. The undersigned will cause
all lands within the easement area to remain clear of any and all
activities that might cause underground facilities to become
damaged.
This conveyance includes the right of the "COOPERATIVE"
at its option to license, permit or otherwise agree to the joint
use or occupancy of the line or system by any other person,
association or corporation for electrification or communication
purposes.
In granting this easement, it is understood that any
single pole and appurtenances will be used at pole locations, and
that the location of the poles will be such as to form the least
interference to farm operations.
IN WITNESS WHEREOF, the undersigned has set its hand and
seal this 2nd day of October, 1985.
Signed, sealed and delivered
in the presence of:
Witness
18
BOARD OF COUNTY COMMISSIONERS
OF INS RIVER COUNTY
CK B. LYMS,\Chairman
Attest By: �J
FREDA WRIGHT,
Clerk of Circuit Court
I
IRC 1986 Radiological Emergency Preparedness Agreement
Administrator Wright reviewed memo of the Emergency Manage-
ment Director, as follows:
TO: Board Of County CommissionerDATE: September 11, 1985 FILE: EM85-0282
THRU: H.T. "Sonny" Dean, Dir or
General Services Divis'o
SUBJECT: Indian River County 1986
Radiological Emergency
Preparedness Agreement
FROM: Stephen J. we is , DirectoREFERENCES:
Emergency gement
BACKGROUND
Nuclear Regulation 0654 and Florida Statute Chapter 252 requires
that a utility operating a nuclear power facility provide and
negotiate funding with the local political subdivision to support
the subdivisions participation. Indian River County is a "host
county" and as such is tasked with monitoring; decontaminating;
and sheltering evacuees from the St. Lucie County area.
PROPOSAL
This Department in negotiations with Florida Power and Light and
the State Division of Emergency Management have contracted for
the fiscal year October 1, 1985 to September 30, 1986. The
agreed amount of $23,534.00 is reflected in the attached agreement
and exhibits, requiring three original signatures of the Chairman
Board of County Commissioners.
RECOMMENDATION
It is recommended that the Chairman sign the three copies to
enter into agreement for fiscal year 1985-86.
Administrator Wright recommended that the Board adopt the
Agreement and also that they appoint General Services Director
Dean as the interim Emergency Management Director until we can
get a full time man.
Discussion ensued regarding setting a time limit on this
appointment, and ninety days was suggested. Administrator Wright
assured the Board that staff is moving ahead quickly on finding a
replacement, and Commissioner Bird requested that the Board be
supplied with copies of the job description which is being
circulated.
19
0 OT 21985 806K 62 - PAGE
OCT 2 1985
BOOK 6 PAGE •�
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
approved the 1986 Radiological Emergency Pre-
paredness Agreement, authorized the signature
of the Chairman, and in addition, appointed
General Services Director Dean as interim
Emergency Management Director for a period not
to exceed ninety days. (Said Agreement is on
file in the Office of the Clerk:)
M. Release of Escrowed Funds - Old Sugar Mill Estates, Unit III
The Board reviewed the following memo of Planner Boling:
TO: DATE: FILE:
Board of County September 16, 1985
Commissioners
THROUGH: RELEASE OF REMAINING
Michael Wright, SUBJECT: ESCROWED FUNDS HELD FOR
County Administrator IMPROVEMENTS IN OLD SUGAR
MII.T ESTATES UNIT THREE
DIVISION HEAD CONCURRENCE: SUBDIVISION
Jame . Davis, P.E.
FROM: Public Works Director REFERENCES:
Stan Boling 4- 6
Staff ElnnnAr
It is requested that the data herein presented be given formal consider-
ation by the Board of County Commissioners at their regular meeting of
September 25, 1985.
DESCRIPTION AND CONDITIONS:
Beindorf and Associates, Inc., the authorized Old Sugar Mill Estates Unit
Three subdivision developer, is requesting release of the remaining funds
held in escrow to guarantee construction of all required subdivision
improvements. The Public Works Director has certified that all 71prove-
nlents have been constructed, inspected, and approved in accordance with the
approved construction contract and escrow agreement.. Furthermore, the
applicant has submitted a warranty maintenance agreement and maintenance
bond, in which the applicant warrants the integrity of all publically
dedicated improvements and guarantees performance of these improvements
with a bond.
20
ALTMMTIVES AND ANALYSIS:
The County Attorney's Office has indicated that the warranty maintenance
agreement and maintenance bond are camplete and legally sufficient. The
Public Works Director has indicated that the $25,000 maintenance bond
represents 25% of the cost of the dedicated improvements. Therefore, the
applicant has fully canplied with all applicable subdivision requirements.
RECOMMENIDATION•
Staff recamends that the Board of County Commissioners accept the
submitted warranty maintenance agreement and maintenance bond, and adopt
the attached resolution, authorizing release of the funds renaming in
escrow to guarantee construction of required improvements.
ON MOTION by Commissioner Scurlock, SECONDED BY
Commissioner Wodtke, the Board unanimously accepted
the submitted warranty maintenance agreement and
maintenance bond and adopted Resolution 85-120
authorizing release of the funds remaining in
escrow to the developer of Old Sugar Mill Estates,
Unit Ill.
21
OCT 2 1985 BOOK 62 PAGE 311
OCT 2 1995
RESOLUTION 85- 12 0
BOOK' 612-:1PAGE31
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA AUTHORIZING THE RELEASE OF THE PMQU M FUNDS HELD UNDER THE TERMS
OF AN ESCROW AGLUZ�M1T BEDQEEN BEINDORF AND ASSOCIATES, INC., THE FIRST
BANKERS OF INDIAN RIVER COUNTY, AND INDIAN RIVER COUNTY TO GUARANTEE THE
CONSTRUCTION OF REQunw IMPROVEMENTS IN OLD SUGAR MILL ESTATES UNIT THREE
SUBDIVISION. \
WHEREAS, Indian River County (County), Beindorf and Associates, Inc.
(Developer), and THE FIRST BADS of Indian River County (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 disbursement of funds held to guarantee required
improvements, and has submitted a warranty maintenance agreement and,
maintenance bond guaranteeing performance of publically dedicated improve-
ments; and
WHEREAS, the Public Works Director is satisfied that all required
improvements have been completed, and recommends disbursement of the
remaining funds held in escrow by the Bank.
Now, therefore, be it resolved by the Board of County Commissioners of
Indian River County, Florida that:
Remaining funds fram the escrow account in the amount
of $25,000 be disbursed by Bank to Developer or to any
third party or parties upon which Bank and Developer
may agree- \
The foregoing resolution was offered by Commissioner Scurlock
who moved its adoption. The motion was seconded by Commissioner Wodtke
and upon being put to a vote, the vote was as follows:
this
Chairman Patrick B. Lyons 'Aye
Vice -Chairman Don C. Scurlock Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Ccmmissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed and adopted
2nd day of October , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAP-Ir ER COUNTY, FLORIDA
BY:
22
1
s
REZONING - 49th ST. WEST OF FEC TO (MC CULLERS/BARNES)
The hour of 9:05 o'clock A.M., the Deputy Clerk read the
following Notice with Proof of Publication attached, to -wit:
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 _r'hon,,oi mQMbati ?xtrQQS
In the Court, was pub-
lished in said newspaper in the issues of Sep+ 1-2 I -_-� y 4
Affiant further says that the said Vero Beach Press-Jpurnal 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 before
(SEAL) / I I
of—A.D.—TT-5-7Z
(Clerk of the Circuit Court, Indian River County,
f 3 ? NOTICE — PUBLIC HEARING +'
SNotice of hearing to consider the adoption of.
a. County ordinance rezoning land from: RMr10,
Multiple -Family Residential District, to. IL, Light
Industrial District. The subject property Is pre-
sently owned by Thomas Marshall Barnes and is
located west of Old Dixie Highway and south of
49th StreetlLindsey Road).'
The subject property is described as:
LOT 1, WALTER BOBO'S SUBDIVISION
AS SHOWN IN PLAT BOOK 1, PAGE.89„ ,
PUBLIC RECORDS OF ST. LUCIE
'COUNTY, FLORIDA NOW ' LYING AND
BEING IN INDIAN RIVER COUNTY, _
FLORIDA.!
A public hearing `at which` parties' in interesf
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 at 1840 25th
Street, Vero Beach, Florida on Wednesday, Oct-
ober 2, 1985, at 9:05 A.M.
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 y
Sept. 12, 24, 1985. a�
Chief Planner Shearer made the staff presentation:
23
OCT 2 1985
DQox 62 PAGE 313
II
r
OCT 2 1985
Boa 62 PacE 311
TO: The Honorable Members DATE: August 29, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: MCCULLERS/BARNES REQUEST
SUBJECT: TO REZONE 4.8 ACRES FROM
RM -10, MULTIPLE -FAMILY
Robert M. Keati g, &ICP RESIDENTIAL DISTRICT, TO
Planning & Development Director IL, LIGHT INDUSTRIAL
DISTRICT
FROI:icf�a�d shearer, AICP REFERENCES: zc-149 P&Z Memo
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal consid-
eration by the Board of County Commissioners at their regular meeting
of October 2, 1985:''
DESCRIPTION & CONDITIONS
George McCullers, an agent for Thomas Marshall Barnes, the owner, is
requesting to rezone 4.8 acres 'located on the south side of 49th
Street (Lindsey Road) and the west side of the Florida East Coast
(F.E.C.) Railroad from RM -10, Multiple -Family Residential District (up
to 10 units/acre), to IL, Light Industrial District.
The applicant is proposing to develop the subject property for a
septic tank assembly facility.
r
On May 26, 1983, the Planning and zoning Commission denied a similar
request to rezone the subject property from R-2, Multiple -Family
District (up to 15 units/acre), to LM -1, Light Manufacturing District.
On August 22, 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 application
will be presented. The analysis will include a description of the
current and future land uses of the site and surrounding areas,
potential impacts on the transportation and utility systems, and any
significant adverse impacts on environmental quality.
Existing Land Use Pattern
The subject property is currently undeveloped. North of the subject
property is a single-family dwelling zoned RM -6,' Multiple -Family
Residential District (up to 6 units/acre). Further north, is vacant
land zoned RM -6, and Global Paving Systems, Inc., and Trodglen Paving
Company zoned M-1, Restricted Industrial District. East of the
subject property, across the F.E.C. Railroad and Old Dixie Highway,
are the following uses zoned M-1:
1) Riverfront Groves Packing Company;
2) Sturgis Lumber Company;
3) Leroy Smith and Sons Packing House;
4) Indian River Packing Company;
5) Three single-family dwellings;
6) A mini -storage facility;
7) Warehouses;
8) Alumatron Building Products;
9) Interior Construction Supply.
South of the subject property is a single-family residence. Further
south, are Middle Six and Middle Seven Schools zoned RM -10 and Blue
Goose Packing House zoned M-1. West of the subject property is vacant
land. Further west are single-family residences zoned RM -10.
F_
24
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the land
south and west of it as part of the Gifford MXD, Mixed -Use District
(up to 14 units/acre). The land east of the subject property is
designated as part of the U.S. 1 MXD, Mixed -Use Corridor (up to 6
units/acre). The land immediately north of the subject property is
generally designated as LD -2, Low -Density Residential 2 (up to 6
units/acre). However, there is a 100 acre industrial node located
north of the subject property. This node is generally described as:
"Another one hundred (100) acre node in the Gifford area
is located west of U.S. 1 to Lateral H, south of the North
Relief Canal to Lindsey Road."
While the Comprehensive Plan generally recognizes residential use as
the predominant land use in the Gifford area, the subject property is
located at the northeast corner of the Gifford MXD adjacent to the
U.S. 1 MXD and near the Lindsey Road industrial node. The Comprehen-
sive Plan states that commercial and industrial uses are anticipated
to utilize the majority of the land within the U.S. 1 Mixed Use
Corridor. `
Based on the existing industrial uses east of the subject property,
the industrial node located north of the subject property, and the
fact that the subject property is located on the railroad, the
proposed IL zoning of the subject property appears to be the most
appropriate zoning.
Transportation System
The subject property has direct access to Lindsey Road (classified as
a secondary collector street on the Thoroughfare Plan). The maximum
development of the subject property based on the IL zoning_ could
attract up to 194 average annual daily trips (AADT). The County is in
the process of improving Lindsey Road including bridging Lateral - H
Canal to facilitate the flow of traffic between U.S. 1 and Kings
Highway.
Environment
The subject property is not designated as environmentally sensitive
nor is it in a flood -prone area.
Utilities
County water is available for the subject property. County wastewater
facilities are not available.
RECOMMENDATION
Based on the above analysis, particularly the existing and future land
use patterns, and the Planning and Zoning Commission's recommendation,
staff recommends approval.
Commissioner Bowman asked where Clyde Morgan, who raised
objections at the Planning & Zoning Commission meeting, lived,
and Planner Shearer believed it is south and west of the subject
property.
Commissioner Bowman commented that most of those who signed
the petition presented at that meeting live 10-14 blocks away,
and she did not feel they have any close interest in the area.
25
80fl1(' 04 P��.
r
OCT 21985 BOOK 62 PAGE -316,
Commissioner Scurlock noted that the Minutes of the Planning
& Zoning meeting report that Mrs. Stanbridge voted in opposition
but they do not state why.
Planner Shearer advised that Mrs. Stanbridge was concerned ''
about establishing commercial zoning this close to residential
and felt it might start a trend.
Director Keating believed it is a very difficult situation
when you have very heavy industrial uses on one side and resi-
dential on the other side. Staff has done an analysis as to what
is the best use for the overall area.
Commissioner Bowman stated that she would like to see the
line of demarcation at the railroad track.
Chairman Lyons believed we already have industrial on the
west of the railroad, and Planner Shearer confirmed that there is
an 100 acre industrial node west of the railroad.
Discussion continued about commercial and industrial uses in
the area and south of Lindsey Road, and Chairman Lyons stated
that it is hard for him to see why the area north of 47th
shouldn't be industrial; it is along the railroad tracks, and
there is plenty of property left in Gifford for residential
development. He did not feel we really want to have residential
near the railroad tracks.
Director Keating noted that the applicant could have applied
for General Industrial District, but staff persuaded him to apply
for Light Industrial instead.
Commissioner Bird believed the best we can do for the resi-
dents is try to screen what comes in this area.
Commissioner Bowman wished to know how dirty this plant will
be, and Mr. McCullers informed her that there will be a very
4
small amount of cement. They use readi-mix and there won't be a
lot of dust. He pointed out that there is plenty of property to
the west for residential development, and that property is going
to have sewage and will be a better place for the people to
build. Mr. McCullers further pointed out that all the
26
r
residential property along the railroad is rented, and only two
people live in the vicinity.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Ordinance 85-81 rezoning the above described
property to IL as requested by McCullers and
Barnes.
27
BOOK, PAGE11
OCT 2 1995
ORDINANCE NO. 85-81
BOOK PAGE.318
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
LOT 1, WALTER BOBO'S SUBDIVISION AS SHOWN IN PLAT BOOK 1,
PAGE 89, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA:
Be changed from RM -10, Multiple -Family Residential
District, to IL, Light Industrial 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 2nd day of October 1985.
BOARD
BOARD O C UNTY'COMMISSIONERS
OF IND Ali' IVER COUNTY
/ _ /! _ _1V7
BY:
Chairman
REZONING - (VERO SAND PINES) TO RM -4 (BRIGGS, AGENT)
The hour of 9:05 o'clock A.M. having passed, the Deputy
7
Clerk read the following Notice with Proof of Publication
attached, to -wit:
28
F-7
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 V C' m scwyA 1 'nes
In the Court, was pub -
fished in said newspaper in the issues of Gep± ►a 2 y 4 '
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 before me thi day of A. D. "=
U (/�_ /� es`s M geq�
(SEAL) (Clerk of the Circuit Court, Indian River County, Florida)
NOTICE — PUBLIC HEARING
Notice of hearing,to consider the adoption of
a County ordinance rezoning land from: LM -1,
Light Manufacturing District, B-1; Planned Busi-
ness District, A, Agricultural District, RM -6, Muitk
ple-Family Residential District; RS -6, Single -
Family Residential' District, to . RM -4, Multiple -
Family Residential DistricL The subject properly
Is presently ownedby Vero Send. Pines and is lo-
cated west of Old [tizie.Highway and north of
North Relief Canal:
The subject property is described as: >
A. PORTION OF SECTION 15, TOWN-
SHIP 32 SOUTH; RANGE 39, INDIAN
RIVER COUNTY, FLORIDA - BEING
MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION 1 OF SAID SECTION 15;
BOUNDED ON THE EAST BY THE WEST
RIGHT. -OF -WAY LINE OF THE FLORIDA
-EAST. COAST RAILROAD: ON THE
WEST BY THE EAST RIGHT-OF-WAY
,.LINE OF INDIAN RIVER FARMS WATER.:. .
MANAGEMENT DISTRICT'S LATERAL
"G" CANAL: ON .THE NORTH BY THE
NORTH'SECTION LINE OF SAID SEC-
TION-15;
EC-
TION-15; ON THE SOUTH BY THE':-
NORTH
HE _.-.NORTH RIGHT-OF-WAY LINE LINE. OF IN
PIAN RIVER FARMS WATER MANAGE- r,
MMENT DISTRICT'S NORTH . RELIEF,.,d
CANAL, -LESS AND EXCEPT THE SE -'/r
OF .THE NE '/4, LYING WEST OF THE
F.E.C; RAILROAD.. =^r e i q U.
A public hearing``af vrhioh 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 at 1840..25th
Street, Vero Beach, Florida on Wednesday, Oct
I ober 2, 1985, at 9:05 A.M.
3 if any person decides to appeal any decision
made on the above matter, he/she will need a
i 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 eyidence upon which the
appeal is based.
Indian River County t;
Board of County Commissioners lc9
By: -s -Patrick B. Lyons, Chairman o
Sept 12, 24 .1985.
Planner Robert Melson made the staff presentation:
29
Boa :62 -PAGE 310
r
0 CT 2 1995
BOOK �2 PAGE �®
TO: The Honorable Members DATE. August 27, 1985 FILE:
of the Board of
County Commissioners
BRIGGS REQUEST TO REZONE
DIVISION HEAD CONCURRENCE: 203 ACRES FROM LM -1,
SUBJECT: B-1, A, RS -6, AND RM -6
TO RM -4, MULTIPLE -FAMILY
Robert M. Keati g, y±CP RESIDENTIAL DISTRICT
Planning & Development Director
F-5 THROUGH: Richard Shearer, AICP
Chief, Long -Range Planning
FROM*REFERENCES:G. Melsom REFERENCES: ZC-157 P&Z Memo
P,&lA Staff Planner, Long -Range Planning ROBERT
It is requested that the data herein presented be given formal consid-
eration by the Board of County Commissioners at their regular meeting
of October 2,1985.
DESCRIPTION & CONDITIONS
Robert E. Briggs, an agent for Vero Sand Pines, the owner, is request-
ing to rezone 203 acres located west of the Florida East Coast Rail-
road, east of Lateral G Canal, and north of the North Relief Canal
from LM -1, Light Manufacturing District, B-1, Planned Business Dis-
trict, A, Agricultural District, RS -6 Single -Family Residential
District, and RM -6, Multiple -Family District, to RM -4, Multiple -Family
Residential District.
The owner intends to develop this property and some adjacent property
already zoned RM -4 for a golf course and club house.
On August 22, 1985, the Planning Commission voted 5 -to -0 to recommend
approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the application
will be presented. The analysis will include a description of the
current and future land use of the site and surrounding areas, poten-
tial impacts on the transportation and utility systems, and any
significant adverse impacts on environmental -quality.
Existing Land Use Pattern
Currently the subject property is undeveloped. East of the subject
property across the F.E.C. Railroad and Old Dixie Highway, the predom-
inant land use is industrial. A field survey conducted by the staff
identified the following industrial uses: Coastal'- Corrugated Pipe,
White Aluminum Products, Blasting Kings, Phil -Ron Fiberglass, Inc.,
Bobos Cabinet Works, two storage yards, and a storage building, zoned
M-1, Restricted Industrial District, and three (3) single-family
residences zoned RM -4, Multiple -Family Residential District. South of
the subject property is undeveloped land zoned M-1, Restricted Indus-
trial District, and A, Agricultural District. West of the subject
property is the Bent Pines Golf Course, zoned RM -4,. Multiple -Family
Residential District. North of the subject property is undeveloped
land zoned RS -6, Single -Family Residential District, and M-1, Re-
stricted Industrial District.
Future Land Use Pattern
The Comprehensive Plan designates most of the subject property as
LD -2, Low -Density Residential 2 (up to 6 units per acre), a land use
designation which allows multi -family zoning. The east 300' of the
30
I
subject property is part of the U.S. Highway # 1 MXD, Mixed -Use
Corridor (up to 6 units/acre) The MXD District contains a broad
mixture of land uses. Permitted uses in this district include
residential development, commercial and industrial uses. The Compre-
hensive Plan states:
"The County shall encourage, where appropriate,
redevelopment in accordance with the dominant land
use and the health, safety, and welfare of the area
residents."
The RM -4 zoning is in conformance with the LD -2 and MXD land use
designations, and is consistent with the RM -4 zoning northwest of the
subject property which allows up to four (4) units per acre. More-
over, the proposed rezoning would establish one zoning classification
for the subject property, instead of six.
Transportation System
The subject property has secondary access to Old Dixie Highway (clas-
sified as a secondary collector street on the Thoroughfare Plan). One
railroad crossing, located 1,000 feet north of the proposed extension
for Storm Grove Road provides access to the property. The maximum
development of the subject property under RM -4 zoning could attract up
to 5,359 average annual daily trips (AADT). The existing traffic
count for this section of Old Dixie Highway is 1,100 vehicles per day,
which is level -of -service "A". The proposed development will decrease
the level -of -service to "B", which is well above the recommended
level -of -service "C" in the Comprehensive.Plan.
Environment
The subject property is not designated as environmentally sensitive
nor is it in a flood -prone area. However, the sand ridge runs through
the property. It is the staff's opinion that development, which may
result from the proposed zoning; will have less impact on the aquifer
and on aquifer recharge than development which may be allowed by the
existing zoning.
TT+ -i I i - 4,M a
Neither County sewer nor water is available to the subject property.
However, a water line which could be extended to service the subject
property exists at 49th Street.
RECOMMENDATION
Based on the above analysis,including the Planning and Zoning Commis-
sion's recommendation, staff recommends approval.
Commissioner Bowman's only question was why they would
vacate Pecan Road, and Director Keating believed this would be
discussed when the Board considers their application for
Conceptual Special Exception approval, which is the next item.
Robert Briggs, agent for Vero Sand Pines, stated that he was
available to answer any questions, and informed the Board that he
did concur with staff.
The Chairman asked if anyone present wished to be heard.
There were none.
31
CT 2X985 �roK '62 *E 39,
I
r
OCT 2 1955
BOOK
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously closed
the public hearing.
62 PAGE•11.0
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-82 rezoning the subject property from
LM -1, B-1, A, RS -6 and RM -6 to RM -4 as requested
by Vero Sand Pines.
ORDINANCE NO. 85-82
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, did publish and send its Notice of
Intent.to rezone the hereinafter described property and
pursuant thereto held a public hearing in relation thereto,
at which parties in interest and citizens were heard; NOW,
THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning
Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
A PORTION OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID
SECTION 15, BOUNDED ON THE EAST BY THE WEST RIGHT-OF-
WAY LINE OF THE FLORIDA EAST COAST RAILROAD; ON THE
WEST BY THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER
FARMS WATER MANAGEMENT DISTRICT'S LATERAL "G" CANAL; ON
THE NORTH BY THE NORTH SECTION LINE OF SAID SECTION 15;
ON THE SOUTH BY THE NORTH RIGHT-OF-WAY LINE OF INDIAN
RIVER FARMS WATER MANAGEMENT DISTRICT'S NORTH RELIEF
CANAL, LESS AND EXCEPT THE SE J OF THE Nf J OF SAID
SECTION 15, LYING WEST OF THE F.E.C. RAILROAD.
Be changed from RM -6, Multiple -Family Residential
District, A, Agricultural District, LM -1, Light
Manufacturing District, B-1, Planned Business District,
and RS -6, Single Family Residential District, to RM -4,
Multiple -Family Residential District. All with the
32
0
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 2nd
day of •October ,1985.
BOARD
OF IN
COMMISSIONERS
COUNTY
VERO SAND PINES - CONCEPTUAL SPECIAL EXCEPTION APPROVAL
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published 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
a lN2+I`e.
-in the matter of ro 4; -xnr%A Pules
in the Court, was pub-
lished in said newspaper in the issues of Seo+ 2 y Q S�&
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 before me
(SEAU
CT 2 1985
of '5LA L A.D.) C1 FL
(Clerk of the Circuit Court, Indian River
33
^° w NOTICE PUBLIC HEARING
Notice of public hearing to consider the grant-
ing of conceptual special exception; approval for
a golf course and club house. The subject prop-
erty Is presently owned by Vero Sand Pines and
is located on the west side of Old Dixie Highway
north of the north relief canal. r^ '
The subject property Is described as:
A portion of section 15, township 32
south, range 39 east, Indian River COWn-
ty, Florida being more particularly de-
scribed as follows;
That portion of said section 15, bounded
orr the east by the west right-of-way line
of the Florida East Coast railroad; on the
west by the east right-of-way line of In-
- dian . River Farms Water. Management .
District's lateral "G" canal; on the north •;
by the north section line of said section
15; on the south by the north right -of -
`way line -of Indian River Farms Water.
Management District's north relief canal,
less and except the right-of-way for
Storm Grove Road.
A. 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-• j
missioners of. Indian River County, Florida,.In the
County: Commission Chambers of the County
Administration Building', located at 1840 25th
Street, Vero Beach, Florida on Wednesday, Oct-
ober 2,1985, at 9:15 a.m.. ,
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
Chairma
Sept, 13,24,19& i
BOOK " 62''
PAGE Va
I
Ir
OCT 2 1985
BOOK PAGE 32
Planner Boling made the following presentation:
TO: The Honorable Members DATE: September 23, 1985FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
-� SUBJECT: VERO DPINE'S
APPLICATION FOR
o ert M. a i g, CP CONCEPTUAL SPECIAL
Planning & Developm nt Division EXCEPTION APPROVAL
FROM: REFERENCES:
Stan Boling
Staff Planner -46'
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular business meeting of October 2, 1985.
DESCRIPTION AND CONDITIONS:
Section 25.3 of the Zoning Code, Regulation of Special Exception
Uses, authorizes the Board of County Commissioners to decide all
applications for Special Exception Uses subsequent to a
recommendation by the Planning and Zoning Commission. Section
25 (A).3 also provides for Conceptual Special Exception Approval
whereby the applicant may elect to submit a conceptual site
plan, rather than a complete site plan pursuant to the
requirements of Section 23. If the applicant is granted
conceptual special exception approval, the approval shall not be
considered final until a complete site plan satisfying all
conditions of special exception approval has been reviewed and
approved pursuant to Section 23, "Site Plan Approval".
Robert E. Briggs, the authorized agent for the owner, Vero Sand
Pines, is now requesting conceptual special exception approval
for a two phase 27 hole golf course, club house, and security
and maintenance facilities. The applicant is submitting this
request along with a request to rezone the subject property to
RM -4 (Residential.Multi-family, up to 4 units/acre).
The subject property is located on the sand ridge, just west of
the F.E.C. railroad and Old Dixie Highway between the North
Relief Canal and the proposed 61st Street extension. A 90' wide
County right-of-way for 57th Street (Storm Grove Road) runs
east -west across the entire site.
At their regular meeting of September 12, 1985, the Planning and
Zoning Commission voted to recommend that the'�-Board of County
Commissioners grant conceptual special exception approval to the
project, subject to the conditions delineated in the staff
recommendation appearing at the end of this report.
34
W
ANALYSIS:
The following is an analysis of the plan submitted for
conceptual special exception approval.' As the applicant will be
required to submit a complete site plan application if
conceptual special exception approval is granted, the Technical
Review Committee process may necessitate changes or revisions.
1) Size of Property: 203.0 acres
2) Zoning Classification: Existing: LM -1, B-1, A, RM -6,
RS -6, and RM -4
Proposed: RM -4 (Multi -family)
3)
Land Use
Designation:
LD -2 (Low Density Residential)
4)
Building
Area: 13,300
square feet
5) Off-street spaces: sufficient area has been designated to
meet County requirements
6) Traffic Circulation and Transportation Issues: An existing
railroad crossing connecting the site to Old Dixie Highway
will be used as the site's point of access. At such time
that a railroad crossing at 57th Street is installed, the
existing entrance will be closed and only the 57th Street
entrance will be utilized. A draft agreement between the
County and the applicant (see attachment #4) has been
proposed, whereby the developer guarantees to construct the
portion of 57th Street that runs through the site, at such
time that the County determines the need for the 57th
Street extension.
The northern boundary of the site forms the centerline of
the proposed 61st Street (Pecan Road) extension, as
presently shown on the Thoroughfare Plan. Since 61st
Street is currently designated as a secondary collector,
40' of right-of-way is needed across the site's northern
border to presently conform to the Thoroughfare Plan. The
applicant has agreed to dedicate this right-of-way prior to
the issuance of a Certificate of Occupancy. Because that
portion of 61st Street immediately west of the subject
property has been abandoned, staff anticipates that the
61st Street extension may be removed from the Thoroughfare
Plan at some future date.
7) Drainage Plan: The conceptual site plan has been reviewed
and approved by the County Engineer.
8) Landscape Plan: The conceptual site plan is in conformance
with Ordinance #84-47.
9) Utilities: The conceptual site plan has been reviewed and
approved by the Utilities Services Division. The applicant
proposes to connect to the water and wastewater plants
presently serving the Bent Pines development. Also, the
applicant has applied to St. Johns River Water. Management
District for a consumptive use and a surface water permit.
Specific water conservation measures are being addressed in
the site plan review process.
10) Surrounding Land Uses: North: Vacant property and groves
South: Abandoned mining operation
East: Heavy commercial uses along
Old Dixie Highway
West: Bent Pines golf course,
residences water and waste-
water treatment facilities
L
35
BOOK 62 PAGE 5
r
0 CT 21995
BOOK 62 PATE 3Ile
1
Several conditions should be attached to the conceptual
special exception approval granted for this project to
ensure conformance with the Comprehensive Plan and Zoning
Code. The subject property needs to be rezoned to a
classifications) that allows golf courses (such as RM -4).
The attached proposed agreement that addresses the
obligation and timing of the construction of 57th Street
needs to be executed by the applicant and the County. The
applicant is in the process of completing and signing the
agreement; the agreement will be amended to allow for
County signature. Also, right-of-way needs to be dedicated
for 61st Street extension in accordance with the
Thoroughfare Plan, unless the street extension is removed
from the Thoroughfare Plan prior to occupancy/use of the
facilities. The applicant has agreed to these conditions.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
conceptual special exception approval to Vero Sand Pines for a
golf course and club house facilities, subject to the following
conditions:
1) That the subject property be rezoned to RM -4 (Residential
Multi -family);
2) That the Board of County Commissioners authorize the
Chariman to sign the attached Storm Grove Road agreement;
and
3) That the applicant dedicate 40' of right-of-way for the
61st Street extension to the existing Thoroughfare Plan
designation, unless the street extension is removed from
the Thoroughfare Plan prior to the occupancy/use of the
facilities.
Planner Boling stated that the main issues involved here are
the traffic issues. The north part of the property is where our
Thoroughfare Plan designates 61st St., Pecan Road, a secondary
collector. Across the property about 1/3 of the way up from the
southern boundary is a 90' right-of-way for Storm Grove Road,
57th St., also a secondary collector on the Thoroughfare Plan.
Staff has worked out an agreement with the applicant to ensure
that the right-of-way for Storm Grove Road is maintained and that
the golf course is designed around it so there will be no con-
flicts with the course itself when the road does go through.
Commissioner Scurlock noted that Storm Grove Road is the one
we don't want to give up, and Planner Boling agreed. He con-
tinued that the agreement ensures that Storm Grove Road will have
a crossing at Old Dixie at such time that the County decides it
is needed, and it also ensures that the applicant will pay for
36
� ® r
the paving and engineering of the road as a secondary collector
between Lateral E and the FEC railroad crossing.
Planner Boling noted that the first condition that they have
recommended be attached to the approval has been satisfied in
that the property has been rezoned to RM -4.
Director Keating advised that golf is a special exception
use in this district, and that is why it is coming to the Board.
This is conceptual, and the applicants already have submitted a
more formal site plan, which will not come back to the Board.
Commissioner Bird informed the Board that he and Mr. Briggs
have had some conversations about the fact that their proposed
golf course and the County's are in the same area. He believed
these courses can complement each other in many ways; both have
great architects and similar property, and if it is possible to
work together, there may be some possibility of saving money for
each because they are on parallel construction schedules.
Commissioner Wodtke commented on the statement that the
applicant proposes to connect to the water and wastewater plant
at Bent Pines.
Commissioner Scurlock reported that we have had ongoing dis-
cussions with Florida Land, and they would prefer not being in
the utility business. There also has been discussion as to
whether or not the County would prefer to acquire that system or
phase it out completely and take it to the new Gifford system
when it is constructed. Our agreement with Florida Land totally
expires at the end of the seventh year, and we have the right to
take over or the right to do nothing and let them continue to
operate, but the franchise has to be renegotiated in any event.
Commissioner Wodtke referred back to the road situation,
noting that while we have required donations of right-of-way from
some areas, we purchased the right-of-way for Storm Grove Road,
and he believed some kind of a rebate or contribution would be
only fair.
37
�� 2 BOOK '62 PAGE 327
5
OCT 2 1985 BOOK 62 PAGE 328
Chairman Lyons did not believe we can re-examine everything
that has been done, but he agreed that there has been some incon-
sistency.
Commissioner Bowman asked if any part of this is part of an
old mining operation.
Planner Boling confirmed that some is, and it would,be
revegetated.
Commissioner Bowman wanted to be sure there is enough over-
burden so we don't get pesticides, etc., in the aquifer.
Director Keating assured her that staff has been dealing
very closely with this..
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously closed
the public hearing.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, to grant conceptual special
exception approval to Vero Sand Pines for a golf
course and clubhouse facilities and to authorize the
Chairman to sign the Storm Grove Road agreement; to
be subject to the applicant dedicating 40' of
right-of-way for the 61st Street extension to the
existing Thoroughfare Plan designation, unless the
street extension is removed from the Thoroughfare
Plan prior to the occupancy/use of the facilities.
V
Chairman Lyons asked if there is any kind of a limitation as
to how long the conceptual approval is good as he did not feel it
should be open ended.
Director Keating was not sure but believed it is one year.
38
a
Administrator Wright stated that if we do not have such a
time limit, staff will bring one to the Board.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
(moi Developer's Agreement e
TREE REMOVALMAND CLEARING VIOLATION - (WOOD & THORNTON)
Art Challacombe, Chief of Environmental Planning, reviewed
his memo, as follows:
TO: The Honorable Members DATE: August 26, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: TREE REMOVAL/LAND CLEARING
SUBJECT: VIOLATION: MR. LEWIS P.
WOOD & MR. V. F. THORNTON
LC -8-85-37
Robert M. Keati g, ATCP
Planning & Development Director
FROM: REFERENCES:
Art Challacombe Wood/Thornton
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on September 18, 1985.
DESCRIPTION & CONDITIONS:,
On August 6, 1985,.County personnel observed that parcel number
24-33-39-000011-0002-00019.0 having a legal description of:
Lot 19, Block B, Oslo Park, according to the plat recorded
in Plat Book 3, page 96 of the Public Records of Indian
River County, Florida,
had been cleared and five South Florida Slash Pine Trees
removed prior to the issuance of tree removal and landclearing
permits.
The property is currently owned by Mr. Andrew Ekonomou;
however, at the time that the tree removal took place the
property was owned by Mr. Lewis P. Wood and cleared by Mr. V.
F. Thornton.
ALTERNATIVES & ANALYSIS:
Section 23$-6(a) & (b), Tree Protection, of the Code of Laws
and Ordinances of Indian River County, Florida prohibits the
39
Q CT 2 1985 BOOK 62 PAGE 329
F_
OCT 2 1985
4. BOOK 62 PAcE3.p,0
performance of any tree removal, landclearing or grubbing
unless tree removal and landclearing permits have first been
issued by the County. The ordinance further specifies that a
violation of these provisions shall be punishable upon
conviction by a fine not to exceed five hundred dollars ($500)
per tree and land clearing activity or by imprisonment in the
County jail for up to sixty (60) days, or both.
On August 7, 1985, staff requested that Mr. Wood & Mr. Thornton
submit a voluntary payment of a $3,000.00 fine and obtain
"after -the -fact" permits.
Mr. Wood & Mr. Thornton both stated that they felt the fine was
excessive and that they would not voluntarily comply with
staff's request.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
staff the authority to pursue available remedies in County
court.
Planner Challacombe informed the Board that Mr. Thornton is
basing his argument on the fact that Oslo Park Subdivision was
duly platted by the Board of County Commissioners prior to the
effective date of the Subdivision Ordinance, which in Section 20
states: "Any project which has received final site plan or subdi-
vision approval prior to the effective date of this ordinance
shall be considered exempt from its requirements."
Planner Challacombe continued that staff has a different
interpretation than Mr. Thornton in relation to the word
"project." Staff speaks of development project, site plan or
subdivision projects, and the platting of Oslo Park Subdivision
is considered a project in itself. After the approval of the
platting by the Board of County Commissioners, that particular
project is considered complete, and that is the intent of the
ordinance; it does not exempt subsequent projects within the
subdivision.
Commissioner Bird inquired if Attorney Barkett concurred
with staff's interpretation, and Attorney Barkett pointed out
that if you went by Mr. Thornton's interpretation, someone in a
subdivision that was approved twenty years ago could come in and
clear cut, which he did not believe was the intent of the
ordinance.
40
Discussion followed re the confusion of the situation, and
Commissioner Scurlock stressed that he is trying to reach some
equity in the situation, and it appears that two of the trees
would have been in the buildable area.
Planner Challacombe stated that there were two trees at $500
per tree, plus the land clearing violation, which is a separate
$500 fine.
Assistant County Attorney Wilson pointed out that $1,500
would be the maximum fine, and the Board can set anything less
they wish.
Administrator Wright did not feel this is a fine, but simply
a request, and the person in violation can take it to court.
Attorney Barkett emphasized that the Board can impose the
fine, and then if the violator does not want to pay it, he can go
to court; this is similar to standard court procedure where the
judge imposes a fine.
Randy Thornton came before the Board and stated he was still
confused because as he understood the ordinance, this only
applied if a site plan was required. Mr. Woods wasn't going to
build anything; he just wanted the property cleared, which
doesn't require a site plan, and they just went in to clear it.
Commissioner Scurlock noted that underbrushing a lot doesn't
include removing trees, and he did not see why someone would
clear a lot if he didn't want to build.
Planner Challacombe advised that many owners clear land to
make the property more salable and this property was sold to Mr.
Ekonomou.
Commissioner Bird noted that actually there isn't much
property that is exempt and bring created prior to the ordinance
does not give an exemption.
Director Keating commented that the only exemption would be
that trees in right-of-ways can be removed without a permit.
Discussion followed about setting the fine at $750, and Com -
41
BOOK 62 PAGE 33) �.
OGT 2 1955 600K 62 PACE 332
missioner Wodtke commented that in the past we have asked for
voluntary contributions and then authorized staff to do what is
necessary to collect if the people did not cooperate.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, to ask Lewis P. Wood and
V. F. Thornton to make a voluntary contribution of
$750 in restitution for the violations and obtain
after -the -fact permits and in the event, they do not
voluntarily comply, to authorize staff to pursue
whatever legal action is available.
Lewis Wood informed the Board that he sold the property, and
he had to clear it as a marketing tool. He did not understand
how he can be held responsible when he engaged a reputable land
clearing man licensed by the county to do such work.
Commissioner Scurlock noted that possibly Mr. Wood might
have to take action against the land clearer.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
TREE REMOVALMAND CLEARING VIOLATION (RIGHTON & JAHOLKOWSKI)
Planner Roland DeBlois reviewed the staff recommendation, as
follows:
42
� s �
TO: The Honorable Members DATE: September 19, 1985FILE:
of the Board of County
Commissioners
DIVISION'HEAD CONCURRENCE: TREE REMOVAL/LAND CLEARING
SUBJECT: VIOLATION: MR. HARRY Y.
RIGHTON & MR. MICHAEL
JAHOLKOWSKI
Robert M. Ke& t ng, ICP LC -9-85-38
Planning & Development Director
FROM: mt REFERENCES:
Oland M. DeBlois H. Righton
Staff Planner DIS:ROLAND
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on October 2, 1985. _
DESCRIPTION & CONDITIONS:
On August 27, 1985, County personnel observed that parcel
number 24-33-39-00011-0002_00003.0, having a legal description
of: Lot 3, Block B, Oslo Park, according to the plat recorded
in Plat Book 3, Page 96 of the Public Records of Indian River
County, Florida, had been cleared and four protected trees (two
Live Oak trees and two South Florida Slash Pine trees) had been
removed prior to the issuance of tree removal and landclearing
permits.
The property is currently owned by Mr. Harry Y. Righton and was
cleared by "Mike's Garage," a business owned by Mr. Michael
Jaholkowski (represented by Foreman Joseph Bray).
ALTERNATIVES & ANALYSIS:
Section 23}-6(a) & (b), Tree. Protection, of the Code of Laws
and Ordinances of Indian River County, Florida prohibits the
performance of any tree removal, landclearing or grubbing
unless tree removal and landclearing permits have first been
issued by the County. The ordinance further specifies that a
violation shall be punishable upon conviction by a fine not to
exceed five hundred dollars ($500) per tree and land clearing
activity or by imprisonment in the.County jail for up to sixty
(60) days, or both.
On August 30, 1985 and September 17, 1985, respectively,.staff
requested that Mr. Righton and Mr. Jaholkowski submit a
voluntary payment of $2,500.00 and obtain ==!'after -the -fact"
permits.
Mr. Righton and Mr. Jaholkowski both indicated that they felt
the fine was excessive and that they would not voluntarily
comply with staff's request.
STAFF RECOMMENDATION:
Staff recommends that the Board of 'County Commissioners grant
staff the authority to pursue available remedies in County
court.
43
ma 62 PAGE c33
OCT 2 1985
BOOK 62 PAGE 33)
Commissioner Scurlock inquired how many trees were located
in the buildable area, and Planner DeBlois stated that two were
in the setbacks and two in the net buildable area.
Director Keating pointed out that being in the net buildable'
area does not mean trees can be removed automatically. That is
why we require a tree survey.
Harry Righton, owner of the lot, came before the Board and
stated his case, as follows:
The Board of County Commissioners
Indian River County, Florida
I own one vacant lot which is 50 feet by 100 feet and is located behind a small commercial
building on Oslo Road and 11th Drive. I had this lot cleared for security purposes, not
knowing a permit was required and I am now asking that a fine not be levied. I wish to
apologize and I am sorry for doing this. If I had known, I would have gotten a permit.
Since I have owned this building, it has been broken into several times. The water pump
has been stolen, arson which burned 1/3 of the building, and vehicles broken into.
Problems with security exist with other buildings in the area as you can see from these
pictures.
There are three lots behind my building that were cleared. I figured security would
increase if I cleared my small 50 foot by 100 foot lot, leaving the back of the building
clear. In this way there would be no place for -someone to hide or dump their garbage.
Also, when these lots were cleared a large pine tree on the northeast corner was partially
uprooted, where a strong breeze would cause the tree to fall and cause damage if someone
were to build on one of the cleared lots. Since I had the tree problem, garbage dump
problem, and security problem, I asked Mike to clear the lot, not knowing a permit was
4
needed. I later learned a law existed and a fine could be levied."
I am asking YOU to work out a solution so Mike and I won't be fined. I strongly believe
in our community and work with many of it's organizations* giving my time and energy in
making Indian River County a better place to live. I would like to continue to help our
community and at the same time not deprive my family from the judgement I made in clearing
the lot.
• 44
* United Way Board Member - Liason Hospice/Gifford Middle Seven School Advisory Committee/
Chamber of Commerce/Optimist Club Board Member/Association for Retarded Citizens, Past
Board Member
Elks Club, American Legion, Exchange Club of Vero Beach past & chartered member.#.
Mr. Righton assured the Board that his intentions were
honorable and further noted that someone else cleared the other
three lots and there was one pine which something had to be dd'ne
with because its roots had been cut. He stressed the security
problems in this area and submitted pictures of businesses in the
area which are surrounded by barbed wire fences. He preferred
not .to have to resort to this as he felt it detracts from the
appearance of the area.
Mike Jaholkowski, who did the land clearing for Mr. Righton,
informed the Board that he has been in the land clearing business
for nine years, and he was not aware of the county ordinance. He
noted that even though they did not have a city license, the City
of Vero Beach sent them a copy of their ordinance, and they have
been complying with it. He further noted that one oak tree could
not be saved because it was surrounded by the pine tree roots.
Chairman Lyons expressed amazement that Mr. Jaholkowski
could have been in the land clearing business that many years and
not been aware that he needed a permit.
Environmental Planner Challacombe informed the Board that a
synopsis of the ordinance and copies of permit applications were
sent to all the land clearers listed in the yellow pages.
Mr. Jaholkowski stated that he did not advertise.
Commissioner Wodtke believed that staff should have checked
the occupational licenses rather than the yellow pages and
suggested that staff go to the Tax Collector's office to check up
on such licenses and contact all those people, using the money
obtained from these fines.
Commissioner Scurlock suggested levying a fine of $500 and
explained his reasoning to reach this figure was that it now
45
BOOK PAGE -1135
OCT 2 1995
I
r
BOOK 6 '. PACE 3 38
seems there was only one tree involved, as well as lack of a
clearing permit, and he did feel there is some question about
communication. He, therefore, felt imposing a fine of $500 would
be consistent with the approach taken on the previous case.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, to ask Harry Righton and
Michael Jaholkowski to make a voluntary contribution
of $500 in restitution for their violations and obtain
after -the -fact permits, and in the event they do not
voluntarily comply, to authorize staff to pursue
whatever legal action is available to us.
Commissioner Wodtke stated that he does appreciate the
applicant's sincerity and does not believe the violation was
intentional. He did feel, however, that we must get it across to
the public, and particularly to those who have occupational
licenses, that we are interested in saving our trees.
Commissioner Bird agreed that Mr. Righton is a fine member
of our community, but concurred with the importance of making
land clearers and the public aware of the need for a permit.
Planner Challacombe reported that since adoption of the
ordinance, most of the land clearing operators have been very
good about getting permits, and staff has tried to give them 24
hour service.
Commissioner Wodtke noted that he is sitting on the commit-
tee that is reviewing occupational licenses, and he felt whenever
someone comes in for a license, the Tax Collector's office should
be able to hand them a copy of the appropriate ordinance.
N
Attorney Barkett believed that is a great idea, but wondered
if someone doesn't have to demonstrate a knowledge of the
ordinance before he can get a license. It was believed that
mainly they are supposed to demonstrate their competency at their
profession.
46
Commissioner Scurlock wished to clarify where these fines
go, and Planner Challacombe stated that they go to a special tree
fund, which has accumulated to quite a substantial amount, and
this fund is there to be used at the request of the Parks
Department or other County operations.
Administrator Wright requested that it be made part of the
Motion that such monies should go into that particular fund so
there is no misunderstanding with the Clerk's office.
Commissioner Scurlock believed that it has been an
established policy for quite some time to direct that monies
received when we disposed of county property be put into a
special fund, and it is the same thing with these tree and land
clearing fines, which are going to be put in a special fund to be
used to beautify and landscape.
Commissioners Wodtke and Bowman agreed to make it a part of
their Motion that the monies collected would be made a part of
the Tree Fund for the use of the Parks Department.
THE CHAIRMAN CALLED FOR THE QUESTION on the
Motion with the above addition. It was voted on
and carried unanimously.
REQUEST FROM ANGLERS CLUB FOR DISCUSSION OF BANNING OF GILL
NETTING
Chairman Lyons realized there is a lot of interest in this
subject, and did not believe there is any way to settle this
question today. He stated that he would like to hear from a
representative of the Anglers Club first as they made the request
and then from a representative of the commercial fisherman.
Jerry Wegner, President of the Anglers Club, came before the
Board to discuss the following Resolution which they would like
the Board to support.
47
6001E 62 PAGE 3�
OCT 2 1985
1
W
` na vead
ANGLERS CLUB, Inc. • ::::
P. O. Box 365 t'_.14).
VERO BEACH, FLORIDA - 32960
CERTIFICATE OF RESOLUTIONS
=K 62 PAGE 333
Member of
INTERNATIONAL
GAME FISH ASSOC
The undersigned, Gerald Wegner, President, Juliana
Haney, Vice President and Robert Herzog, Legislation
Chairman of the Vero Beach Anglers Club, do hereby
certify that at a regular meeting of the Vero Beach Anglers
Club, duly held on the 22nd. day of August, 1985, the following
preambles and resolutions were unanimously adopted:
WHEREAS, we do fully realize the grass flats are suffering
from polution and agricultural chemical run-off, and that the
grass flats are vital to certain fish species such as Channel
Bass, Spotted Sea Trout, Snook, etc., and the species they
consume in the various stages of their growth such as Pinfish,
Pigfish, finger bullet, shrimp, etc. We also feel the gill
netters funther deplete the life of the grass flats by dragging
their gill net weights over them, mowing the grass or tearing
it out by the roots with their -propellers; and
WHEREAS, a noticeable steady decline in the sport fisherman's
catch over the last several years is quite obvious, continued
use of gill nets will certainly have its long term negative
effect on the sport fishing industry; and
WHEREAS, a sport fisherman must release his under sized fish
alive to await its legal size, the gill netter usually releases
the same size of fish dead because of suffocation. Gill nets
kill all fish dntrapped in them whether they are protected or
-unprotected, keepers or undersized; and
WHEREAS, a gill net is a knovm entrapment for Manatees, a
large gentle mammal on the Florida endangered species list and
one that has been legally protected since 1907. They can get
completely enmeshed in the gill nets and drown or starve; and
WHEREAS, most of the gill netting done in the Indian River
County is done by netters from outside this county, mainly St.
Lucie County. They pour into the county before sundown and are
gone at sunup with hundreds of pounds of fish.
NOW THEREFORE BE IT RESOLVED, that this organization is
inalterably opposed to the practice of the use of gill netting
in the Indian River.
FURTHER RESOLVED, that an ordinance be adopted, by the
Indian River County Commission, making illegal the use of gill
nets in the Indian River.
IN WITNESS WHEREOF, Gerald Wegner, Juliana Haney
and Robert Herzog, officers of the Vero Beach Anglers
Club as specified above, have attested to the due adoption
of the foregoing preambles and resolutions and further
certify that the same -have not been rescinded or
amended and are still in full force and effect.
Dated: September 12,1985,
48
_I
Gerald Wegner,
Pres ent
:'% ) )� )•I •)t ►) )
Juliana Haney,
Vice Presi't ft
Robert Herzog,
Legis?4tLdn Chairman
48
_I
Mr. Wegner inquired what happened to the 1983 licensing bill
that went to the state, and Commissioner Scurlock advised that
the Board just passed a Resolution urging the Legislature to take
action. We do not have the ability to take that action at a
local level, ,and this bill was killed at the state level.
Mr. Wegner addressed the Anglers Club proposal to have gill
netting banned in this county and noted that Volusia County does
have gill netting banned in the north half of their county so
apparently it is not impossible to accomplish this. Mr. Wegner
then spoke of the problem of pollution, which is becoming
increasingly bad, especially since Fort Pierce has been dumping
raw sewage into the inlet on the out -going tide, and now is
dumping it on the in -coming tide with the result that a lot of
Fort Pierce netters are coming into our waters and netting at
night. Mr. Wegner stressed that during the day the Marine Patrol
is on the river and the sport fishermen are stopped to see that
they have proper Coast Guard equipment; that they are not
speeding in the wrong areas; and that their catch is of legal
size, but he emphasized that there is no authority on the river
from sundown to sunup and then you can get away with anything you
want. This caused quite a reaction from the commercial fishermen
in the audience as did Mr. Wegner's claim that the net is not
discriminatory, and it will take all the fish.
Mr. Wegner then cited the Florida Marine Fisheries
Commission as coming to the conclusion that "this resource is
more valuable to the state as a recreational fishery." He noted
that the Florida Marine Committee is a relatively new committee,
and discussed their alternative management packages, such as bag
limits, season closures, etc, and continued to emphasize at
length the depletion of the river and the Club's conviction that
gill netting should be stopped.
Charles Sembler, who informed the Board that he is a member
of the fifth generation of the Sembler family to operate a
commercial fish business on the Sebastian River, came before the
49
BOr�K 62 PAGE 339
F_
OCT 2 1995
On 62 'PAGE 34®
Board to speak for the commercial fishermen and refute the
statements made in the Anglers Club Resolution. Mr. Sembler was
glad that the sports fishermen apparently realize the grass flats
are suffering from pollution and chemical runoff, but he wondered' -
what steps they have taken to do something about it. As to the
continued use of gill nets having a Fong term negative effect on
the sport fishing industry. Mr. Sembler stated that his family
has been in the fish business in Sebastian since 1901, and
Sebastian is still a very good and popular fishing place while
Vero Beach is practically wiped out. Mr. Sembler contended that
the reason Sebastian has remained a good fishing area is because
it doesn't have wall-to-wall sea walls, condominiums, finger
piers, etc.; it doesn't have development being pushed in on the
snook and trout estuaries; and it does have mangrove shoreline
and grass flats.
Re the Resolution's claims that a sports fisherman releases
his undersized fish alive while the gill netter releases fish
dead because of suffocation and also that gill nets kill all fish
entrapped in them, whether protected or undersized, Mr. Sembler
advised that he has been keeping records of the length of the
fish coming in over his dock at Sebastian, and of 194 trout that
have come in, they have had two that have been 1211, which is the
legal limit, and the average Length has been over 15". Mr.
Sembler emphasized that he has documentation and facts to support
his statements. He further noted that he has seen many sport
fishermen with strings of fish 9, 10 or 11 inches long. Mr.
Sembler further pointed out that the 3" size mesh net has been
voted in, and any undersized fish can easily get through that
size mesh.
Mr. Sembler believed the highlight of the resolution was the
statement that a gill net is a known entrapment for manatees. He
informed the Board that Captain Patterson, a member of the Marine
Patrol for many years, could verify only two instances where a
piece of gill netting ever has been found on a manatee, and they
50
have no documented fact that a manatee has ever been killed by a
gill net. Mr. Sembler stressed that the commercial fishermen do
not have any gear that can attempt to hold a manatee, and noted
that commercial fisherman Richard Thomas said on the night of the
Angler Club meeting that anyone who thinks the net can do this,
he would be glad to give them a net and a boat and let them
circle a manatee and see what happens.
Mr. Sembler next addressed the statement made that most of
the gill netting done in Indian River County is done by netters
from outside this county, mainly St. Lucie County. He agreed
that there is a small bunch of people who come out of Fort Pierce
and go into the Vero Beach area to fish, and if they are creating
a problem, something should be done about this. Mr. Sembler
emphasized that the complaints do not emanate from the Wabasso
and Sebastian areas; those fishermen have been fishing their all
their lives. He next disputed the statement that the gill net
weights "mow" the grass as the weights are inside the line, and
as far as propellers tearing up the grass flats, he reported that
he has a statement from Bill Nelson, formerly mechanic at Inlet
Marina for four years, that over a five year average he replaced
propellers and lower units for commercial fishermen on the
average of one a year while for the boats at Oyster Bay Time
Share Resort, he replaced an average of 384 props a year until
they went to stainless steel, and then he replaced 96 props, plus
12 lower units yearly.
Mr. Sembler did agree the sports fisherman has a right to
speak, but felt he had to rebut the statements made. He stressed
that he would be glad to work with the sports fishermen as just
battling does not solve anything.
Commissioner Scurlock felt there is a a lot of miscommunica-
tion as he believed the people who would want to protect.the
river the most are the ones who make a living from it He did
feel there should be a vehicle for better communication and some
51
.00T 2 1995
K PAGE -341
I
CCT 2195 �+
BOOK U PAGE 42
education of novices who do damage unintentionally, and he
believed that much more could be accomplished by working
together.
Chairman Lyons thanked Mr. Sembler for his presentation and
felt that he had put his finger on one very important point,
which is that there is a difference in what happens in various
locations in the river as there is no question but that the
southern end of the river in the Vero Beach area has suffered
greater deterioration. He also agreed that we need to find a way
to get together and have a combined effort to solve some of the
reasons why we don't have the productivity down here that we used
r
to. He did not believe the Sebastian area fishermen come down to
the Vero area, and Mr. Sembler confirmed that was a very
infrequent occurrence.
Commissioner Bird noted that we do not know the ultimate
answer, but he felt it is the Commission's responsibility to
preserve, protect, and hopefully improve the quality of fishing,
which is so important to both interests. We certainly are not
looking for a way of limiting people's livelihood, but sport
fishing is important too, and he hoped the two groups could live
together. He did differ with Mr. Sembler's statement about sea
walls and condos; undoubtedly we are growing, but we are not a
Palm Beach or Fort Lauderdale and never will be as he believed we
stay fairly well on top of that situation.
Chairman Lyons felt that one of the problems is that our
grass beds in this part of the river have been disappearing
quickly. He stated that he did put together a committee on grass
beds to try to come up with data on this, but the history is so
poor that you cannot find who is doing it and even if you feel
you know, you can't prove it.
Commissioner Bird suggested it might help if we could
schedule a meeting to be held just for the specific purpose of
discussing the river and bring in some other areas of expertise -
Fish & Game, Harbor Branch Foundation, etc.
52
S
Commissioner Scurlock mentioned the Lagoon Study Committee
as a possible source of help.
Charles J. Anderson informed the Board that he has fished
here for many years, and the fishermen need this area desperately
for their livelihood. He stressed that there is not one speck of
grass south of Fort Pierce all the way to Jensen. Mr. Anderson
continued that he has 45 years of experience o� the river, and he
is willing and anxious to work with everyone on this problem.
Commissioner Bowman concurred that we should schedule a
meeting and include everyone interested - the Sea Grass
Committee, the Lagoon Committee, the commercial fishermen, the
sports fishermen, etc.
Discussion ensued re the City of Vero Beach eliminating
their discharge into th-e river, and Mr. Wegner asked if anything
can be done about dumping of raw sewage in Fort Pierce Inlet.
Commissioner Scurlock noted that all direct discharge into
the river was supposed to be eliminated by 1985, but unfortu-
nately the DER does not have the resources to push this as fast
as we would like.
Chairman Lyons noted that we now have the complaint about
raw sewage from the Fort Pierce area on the record, and he
suggested that we take these Minutes, send them to the DER, -and
ask that they take action.
Commissioner Bowman felt we must make sure to include Fort
Pierce in any meeting we schedule.
Juliana Haney, member of the Anglers Club, wished to make it
clear that Mr. Thomas did not address the club at the last
meeting as stated by Mr. Sembler nor at the previous meeting.
Tim Adams, commercial fisherman, pointed out that there are
about 35,000 acres tied up in mosquito impoundments, and he was
for opening up the impoundments and making those areas work for
us instead of worrying about mosquitos.
Discussion ensued re mosquito impoundments, and it was noted
that the impoundments are a great nitrogen removal for sewage,
53
OCT I905 Cox PAU
r
OCT 2 1985
62 fxE344
and, in fact, we plan to put our disposal in them to keep the
nitrogen and phosphates out of the river. Use of the
impoundments, however, gets us back to the problem of private
property.
Mr. Adams continued to emphasize that we should move in the
direction of opening up the impoundments. He contended that you
cannot have development and commercial fishermen too.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Scurlock, to schedule a special meeting
at the earliest opportunity for all those interested
to discuss the river in detail, bring in other areas
of expertise, and gather input and ideas to be explored.
Commissioner Wodtke informed those present that he has lived
in the County for 51 years and for about eight years he was a
commercial fisherman, although he usually stayed outside. He
believed commercial fishermen are a very special breed of
individuals and that we need to look at their problems; banning
them is not the answer. He did agree there are problems, and as
there are sometimes bad County Commissioners, there are also bad
commercial fisherman, but Commissioner Wodtke felt that the 3"
mesh will make a big difference. He stated that a net that is
worked properly will not damage the river, and we need to address
those who are causing damage and not harm those who are.doing
this correctly. Commissioner Wodtke felt that we have had an
indication that the sport fisherman and commercial fishermen can
work together and there has got to be a place for both.
Chairman Lyons suggested that Mr. Wegner as a representative
of the sports fishermen work with Mr. Sembler as a�representative
of the commercial fisherman and try to establish communications.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
54
HISTORICAL RAILROAD STATION AREA - REQUEST FOR DONATION
Hazel Crews came before the Board representing the
Historical Society in their request for a donation to assist in
the landscaping of the historical railroad station area as set
out in the fallowing Letter:
INDIAN RIVER COUNTY
HISTORICAL �p
SOCIETY
_ r �f✓.�y y�� i;��
FLORIDA
P. O. Box 6535
Vero Beach, FL 32961
Mr. Patrick Lyons
Chairman
Indian River County Commission
1840 25th Street
Vero Beach, Florida 32960
September 20, 1985
Re: Request for Participation - Landscaping Historical Railroad
Station Area
Dear Chairman Lyons:
As you know, the Indian River County Historical Society has
embarked upon a restoration project of the old Vero Beach railroad
station in the parking area located at the corner of 23rd Street and
14th Avenue. Phase I (outside restoration) is almost completed with our
heavy landscaping scheduled for October 19, 1985. Phase II (inside
restoration) will begin in the next several weeks. Our ultimate goal is
to open this Station as a museum in the spring of 1986.
The northern end of this property was leased from the City of Vero
Beach last year with the City retaining the southern part as a parking
area. This parking area has always been used by our visitors and by
both city and county residents for the community functions held in the
Community Building. This parking area is also used as an overflow area
from the County Courthouse (potential jury members are requested by the
Clerk's office to park in this area.)
The improvements to the north side of this property will be part of
the Society's site plan already approved by the City of Vero Beach. The
downtown support group known as "Concept of Vero", the Vero Beach
Chamber of Commerce, the Garden Clubs of Indian River County, the
Daughters of the American Revolution (DAR), various civic groups and
individuals are among the many participating in the financing of the
actual landscaping plan for this area. The City agreed that since they
are gaining net additional parking spaces-, improving traffic flow and
improving the appearance of this area that they will bear the cost of
improvements to the south parking area and of future maintenance.
Since, we feel this museum is of significance to the entire
community, and since the parking lot, even though, it is owned by the
City of Vero Beach is of importance to all the citizens of Indian River
County, it seems appropriate to encourage, you, as our County
Commissioners, to participate in this beautification project. The
55
21985 BOOK 62 PAGE 345'
I1
wx 62 PaiGE 346
Historical Society with the support of these various groups will be
raising a large percent of the approximately $38,000.00 necessary. We
are relying on the City of Vero Beach to assume responsibility for their '
south parking area including some landscaping, the cost of the "cutout",
all the resurfacing, and the future maintenance. Therefore, with the
response to this date, from the.community and the City of Vero Beach
having been very generous, we feel that the County's total contribution
would only need to be $7,000 dollars. This represents a small
percentage of the overall cost of improvements to the site. We have
attached an itemized landscaping scheme and identified the areas where
monies are needed and where donations have been received either in the
form of cash or through services.
Please consider the enclosed work sheets and you will see that the
requested expenditure will be of benefit to all the citizens of this
county. Thank you.
Sincerely yours,
_�kl
Mrs. Anne Keen
President
ITEMS BUDGETED:
Total for Trees and Palms (including tree spade) $12,000.00
Total for Shrubs, Vines, and Ground Cover 17,000.00
Irrigation System _ 6,500.00
Cost of Cut Outs (area leased to Historical Society) 2,000.00
Sod and Mulch 800.00
$38,300.00
COMMUNITY PARTICIPATION: CASH AND/OR SERVICES
Garden Clubs of Indian River County 3,500.00
Daughters of American Revolution (DAR) 350.00
Historical Society - cut-out for leased area 2,000.00
Sabal Palmetto - eight (8) - donated 800.00
(Vista Properties will provide tree spade and man-hours
for these palmettos) `
Irrigation systems (partial donation of system by Toro) Est. 1,000.00
Balance of Beutification Fund (CC) from 1984 4,000.00
Local Chapter of American Institute of Architects 300.00
REPRESENTS 30% of FUNDS NEEDED: $11,950.00 THIS TOTAL
OTHER CIVIC ORGANIZATIONS HAVE INDICATED THEIR PARTICIPATION FOLLOWING
THEIR BOARDS APPROVAL.
56
Commissioner Scurlock inquired what the City of Vero Beach
agreed to do, and Mrs. Crews reported that the City last night
accepted the Historical Society's request for $44,000 which will
cover the cost of the "cutouts" for the landscaping, changing of
w
the entrance, etc. She explained that the entire triangle is
involved, which is quite a large area, and it includes the strip
along the railroad tracks.
Chairman Lyons asked if they have the trees, and Mrs. Crews
stated that they will purchase some and some have been donated.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bird, to contribute
$2,500 to the Historical Society for the above
endeavor from the fund we have established where
we fine those who have taken out trees illegally.
Commissioner Scurlock believed we have a total of about
$7,000 in this account.
Administrator Wright pointed out that this is a blended
account where the land sales monies and park development monies,
which is the tree fine money, are put together. He asked if the
Board wants these monies kept separate in the future.
The Board agreed that these funds should be kept separate in
the future.
Commissioner Scurlock clarified that the Motion would be to
take the money from that particular account, and this would use
up a substantial portion of it. He believed we have had a number
of requests for landscaping donations.
Mrs. Crews pointed out that one of their reasons for coming
to the County was that this parking area is used both by the City
and by County residents, and in fact, jurors are directed to park
there to alleviate the crowding in the County parking lot.
Commissioner Scurlock felt that if the County had more
money in that fund, we would be glad to donate more.
57
OCT 2 1985 BOOK 62 PAGE 347
A
OCT 2 1995
-I
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
BOOK
CLARIFICATION OF SUBDIVISION ORDINANCE VARIANCE (POWELL)
62 FnE348
The Board considered the following memo of Planner Boling:
TO: The Honorable Members DATE: September 23, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: CLARIFICATIAPPLICATION OF D
OF A
Robert M. Ke t ng,CP VARIANCE FROM THE
Planning & Development Director SUBDIVISION ORDINANCE
GRANTED TO DAN POWELL
FRONffltan Boling 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 October 2, 1985.
DESCRIPTION AND CONDITIONS:
In November of 1984, County staff discovered that Mr. Dan Powell
had created an illegal subdivision on his property located at
the Lateral "J" Canal and 17th Street S.W., just south of the
Dixie Heights subdivision. Since that time, staff has sought to
enforce the subdivision ordinance and have the code violation
rectified. Mr. Powell has sought to rectify the violation by
obtaining variances from normal subdivision requirements and by
platting his lots accordingly.
At the regular meeting of March 20, 1985, the Board of County
Commissioners granted a variance for the platting of property
owned by Mr. Dan Powell. The variance enabled the platting of
the property via the normal platting procedures but waived the
normal requirement to pave 4th Avenue S.W. and 16th Street S.W.
These two public roads front the proposed lots. The motion
approved by the Board at the March 20th meeting was as follows:
"to grant Mr. Powell a variance to the required
improvement section of the Subdivision Ordinance
so that paving of the roadways will not be
required, the roads just to be consistent with
others in the area; the roadways will have. to be
indicated on the plat, and Mr. Powell will have to
go through the platting process, showing all
easements, etc."
At the March 20th meeting, the Public Works Director, Jim Davis,
stated that it was not clear what the right-of-way situation was
in relation to 16th Street S.W. and 4th Avenue S.W. since the
tax parcel maps do not always accurately reflect the actual
width and alignment of rights-of-way. Mr. Davis further stated
58
--- that sufficient rights-of-way are acquired in the subdivision
platting process. No Board member directly responded to these
comments regarding right-of-way sufficiency. Board comments and
the adopted motion only referenced the need to indicate 16th
Street S.W. and 4th Avenue S.W. on the plat and the need to
ensure that these roads be made consistent with the graded marl
roads in the area.
Recently, Mr. Powell applied for preliminaryplat
p approval. The
proposed plat/survey shows that the segments of 16th Street S.W.
and 4th Avenue S.W. fronting the six proposed lots are
half -streets, with 35' wide rights-of-way. One of staff's plat
review comments stated that a 25' wide 16th Street S.W. and 4th
Avenue S.W. right-of-way dedication would be required to bring
the roads up to the County's 60' wide local road right-of-way
standard. Mr. Powell has responded by stating that the variance
granted by the Board also exempted right-of-way dedication
requirements. In lieu of dedicating 25 feet of right-of-way,
Mr. Powell has proposed to dedicate a 25' road, drainage, and
utility easement to the public via the proposed plat.
ALTERNATIVES AND ANALYSIS:
The dedication of a 25' easement in lieu of a right-of-way
dedication would substantially reduce the setbacks that would
be applied to the lots. If a 25' easement were dedicated, front
yard building set -backs would coincide with the boundaries of
the easement, and effectively would set back structures 25' from
the present property boundaries. If however, the right-of-way
dedication were required pursuant to section 10 of the
subdivision ordinance, the front yard setbacks would begin at
the new right-of-way boundary, and effectively would set back
structures 45' from the present property boundaries. Mr. Powell
contends that the lesser setbacks are necessary to obtain the
cooperation of the present owner of the lot that fronts on both
16th Avenue S.W. and 4th Avenue S.W. (lot #4). The present _
owner of lot #4 must sign the final plat as an owner of the
property to be platted.
The Public Works Director has indicated that a 25' road,
drainage, and utility easement in the subdivision's location
could function well enough to facilitate a future petition
paving project. However, the County does not normally accept
public road easements. Instead, dedicated rights-of-way are
accepted, ensuring the County of the full rights needed to
develop public improvements within thoroughfare corridors.
Dedicated right-of-way also ensures that the County will have
the right to control and permit/deny proposed' construction by
non-public entities with rights-of-way.
The Board needs to determine if the variance granted to Mr.
Powell in March of 1985 waived the normal right-of-way
dedication requirements. Waiving this requirement would enable
Mr. Powell to proceed with his proposed plat but would exempt
him from a requirement applied to other developers now seeking
to plat new subdivisions that, like the subject property, are
adjacent to the Dixie Heights subdivision. It is staff's
opinion that. pursuant to section 10 of the subdivision
ordinance, the existing half streets should be brought up to
County standards by requiring a 25' right-of-way dedication for
16th Street and 4th Avenue S.W.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners clarify
that.the previously granted variance did not exempt the platting
of the subject property from required right-of-way dedications.
59
OCT 2 1985 BooxPa'Gn
z E
0 CT 2 1995 BooK 62 PAGE •359
Chairman Lyons commented that he was very tempted to go back
and say do it right the first time because once you start bending
the rules, there doesn't seem to be a place to stop.
Planner Boling clarified that the issue actually is whether
the 25' should be dedicated as right-of-way or as an easement;
basically all the Board agreed to was no paving.
Engineer Dana Howard came before the Board representing the
applicant, Dan Powell. Mr. Howard noted that this matter was
discussed at a Board meeting in March, and at that time, Director
Davis stated that sufficient rights-of-way are required in the
subdivision platting process; however, the Board made no
particular response to that except to say that 16th St. S.W. and
4th Avenue S.W. have to be indicated on the plat and these roads
are to be made consistent with the graded marl roads in the area.
Commissioner Bird asked if the 25' right-of-way dedication
causes Mr. -Powell some particular problem, and Mr. Howard stated
that it reduces the size of the lots, which are 1/2 acre lots and
they must be able to comply with the septic tank and well re-
quirements.
Administrator Wright believed the Health Department will
give them credit for the right-of-way dedication, and Planner
Boling informed the Board that Mr. Galanis of the Health
Department told him that the right-of-way dedication would not
affect the well and septic tank requirements.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bird, to accept staff's
recommendation and clarify that the previously
granted variance did not exempt the platting of
s
the subject property from required right-of-way
dedications.
Mr. Howard noted that they have already agreed to give 25'
of easement and asked if, as a possible alternative, it could be
60
15' of right-of-way and 10' of easement, but Commissioner
Scurlock stated that he wished to stay with staff's
recommendation.
Commissioner Bird noted wished to be sure that we are not
making the lots unbuildable or creating an undue hardship.
Director Keating advised that these are lots that are not
officially created yet, and that is why Mr. Powell is coming in
with a subdivision. The one lot he cut out, he has got to
include within the subdivision plat. Director Keating expressed
concern that if the Board treats Mr. Powell differently, it will
be very difficult when we receive a plat for Dixie Terrace to
tell anyone they have got to have local roads with 60' of
right-of-way and not 50' of right-of-way and 10' of easement.
Commissioner Bird thought we were asking for 70' of right-
of-way, and Engineer Howard explained that there is already 35'
of dedicated right-of-way;'the 25' will make it 601.
Planner Boling noted that this will bring a half street up
to standard.
Commissioner Wodtke left the meeting at 11: 15 o'clock P.M.
Discussion ensued, and Administrator Wright believed what
this gets into is placement of the house. Mr. Howard is saying
with the easement, he can get use of the lot to the edge of the
easement, but with the right-of-way, you have an additional 20'
setback. However, you are dealing with 1/2 acre lots, and the
setback will not make them unbuildable.
Mr. Howard argued about the size of the corner lot, but the
Administrator noted that it would make the corner lot 125 x 120
on which it is very possible to build and meet the setbacks.
THE CHAIRMAN CALLED THE QUESTION.
It was voted on and carried unanimously (4-0)
Commissioner Wodtke having left the meeting.
61
OCT 21985 eooK s PA..35
OCT 2 1985
-62 FAGE -. 30 -*'0
ADDITIONAL RIGHT-OF-WAY - 8TH ST. & OLD DIXIE INTERSECTION
Public Works Director Davis reviewed staff memo, as follows:
TO: DATE: FILE:
The Honorable Members of September 19, 1985
the Board of County Cam-i.ssioners
THROUGH:
Michael Wright, SUBJECT: 8TH STREET AT OLD DIXIE
County Administrator INTERSECTION ADDITIONAL RIGHT
OF WAY - DUTTON PROPERTY
James W. Davis, P.E.
Public Works Director
FROM:REFERENCES:
Donald G. Finney:':t�q-
Right of Way Agent
DESCRIPTION AND CONDITION
Mrs. Dutton is not willing to donate but will sell the triangular parcel
required for road widening improvements. The Fair Market Value of the
Camnercial parcel containing 583.94 Sq. Ft. is estimated at $2.50 per
square foot or $1,459.85.
ALTERNATIVES AND ANALYSIS -
Staff recommends offering Mrs, Dutton $1,460 as full compensation for the
583.94 sq. ft. parcel with no conditions.
REOOMNENIDATIONS AND FUNDING
Funding to come from Public Works Account No. 306-214-541-33.19
8TH STREET
51$i3S,F• ww
%•49'21 O
SCALE. i X30'
C55; (fog 132.35'
NV0 v
O
O Zg
1,01: .
Ad u
. t
T= 3s.1�
Q - I o� �'lo' • 3�''
L.G. _ CIO. 'ZS'
LOTS 24 25 5LK 2
GLORIA GARDEW5 *0
I
Director Davis explained that to accomplish the desired road
improvements, we need the right-of-way on the southeast corner,
and Mrs. Dutton has agreed to sell it.
ON M0"N ON by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
authorized staff to offer Mrs. Dutton $1,460
as full compensation for the said 583.94 sq. ft.
parcel with no conditions.
RIGHT-OF-WAY ACQUISITION - LATERAL "A" - 66TH AVE. (N, of CR 510)
The Board reviewed memo of Right -of -Way Agent Finney:
TO: DATE: FI;
The Honorable Members of September 19, 1985
The Board of County Commissioners
THROUGH: SUBJECT: RIGHT OFnWAY_ACQUISITION
Michael Wright, LATERAL A 66TH AVENUE
(North i3f
l County Administrator TIMOTHY BRADLEY PROPERTY
CR 510)
HARRIET WILSON PROPERTY
James W. Davis, P.E.
Public Works Director
FROM: REFERENCES:
Donald G. Finne��
Right of Way Agent
DESCRIPTION AND CONDITIONS
The Board of County Commissioners previously approved condemnation
and
authorized eminent danain proceedings to acquire the right of way for
the
two parcels. Mr. Timothy Bradley has agreed to sell at Fair Market Value
rather than go thru condemnation.
Staff appraisal indicates Fair Market Value
is $4,240 for the 35' x 528' right of way
needed or .42 acres.
Mrs. Harriet Wilson does not want to sell nor does she want the road paved
at this location.• She would rather like to see Powerline Road built and
paved.
Staff appraisal indicates Fair Market Value as follows:
35' x 26401± and a triangular parcel 45' x 45' right of way
needed or 2.193 acres = $12,062
2710' of fence at $1.50 per foot = 4,065
Estimated Fair Market Value $16,127
63
BOOK 62 PACE 3
L- 1* 2 1985
II
OCT 2 1985 Boou' 62 PALE -15
RFCOimMATIONS AND FUNDING .
It is requested that the Board of County Comnissioners authorize offering
Fair Market value as stated above to each of the property owners as full
compensation for the right of way requested and allow Mr. Bradley to
harvest his citrus fruit and to leave 14 trees on the right of way and
transplant March 1, 1986. Should Mrs. Wilson decline the written offer,
and the last negotiation effort fails then condemnation action to proceed
as previously approved by the Board.
Project account with funding frcan Second Gas Tax or Focal Option Gas Tax.
Public Works Director Davis noted that this has been going
on for five years; we have tried to be patient with them, and
then they said they would accept fair market value.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, to authorize staff to take
action as recommended in the above memo.
Commissioner Bird stated his conviction that if this road is
improved, it will be a tremendous benefit to Mrs. Wilson's
property, but apparently she is not ready to develop yet and,
therefore, is not convinced it is a benefit.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0),
Commissioner Wodtke having left the meeting.
FLORIDA CLEAN INDOOR AIR ACT
The Board reviewed memo of Assistant County Attorney
Barkett, as follows:
64
TO` The Board of County DATE: October 1, 1985 FILE:
Commissioners
SUBJECT:
FROM: Bruce Barke t REFERENCES:
Asst. County A torney
THE FLORIDA CLEAN INDOOR
AIR ACT
The FLORIDA CLEAN INDOOR AIR ACT, passed by the 1985 Florida Legis-
lature, became effective October 1, 1985. The stated legislative
intent of the act is to "protect the public health, comfort and
environment, by creating areas in public places and at public
meetings that are reasonably free from tobacco smoke." It should be
noted that the act specifically shall not be interpreted to require
the designation of smoking areas.
The operative provision of the Act is contained in Section 4, which
states; "No person may smoke in a public place or at a public
meeting except in designated smoking areas."
"Public place" is defined as enclosed indoor areas used by the
general public, specifically including government buildings, and
"government buildings" in turn is defined to mean "any building or
any portion of any building owned or leased to the State or any
political subdivision thereof and used for governmental purposes."
In addition, "public meeting" means all meetings open to the public.
,The Act provides that "the person in charge of a public place" may
designate smoking areas. If a smoking area is designated, existing
physical barriers and ventilation systems shall be used to minimize
smoke in adjacent non-smoking areas.
The result of the FLORIDA CLEAN INDOOR AIR ACT is that no person may
smoke in a public place (including the County Administration
Building), or at a public meeting unless the person in charge
designates a smoking area. The person in charge of the public place
shall conspicuously post, in any area designated as a smoking area,
signs stating that smoking is permitted in such area.
Any person who smokes in a public place, except in a designated
smoking area, shall be guilty of a non -criminal violation punishable
by a fine of not more than $100.00 for the first violation and not
more than $500.00 for each subsequent violation.
The Act also directs employers in a work place where there are
smokers and non-smokers, to develop, implement and post a policy
regarding designation of smoking and non-smoking areas. An entire
area may not be designated as a smoking area unless all workers
routinely assigned to work in that area at the same time agree.
With regard to the County Administration Building, the Act seems to
prohibit smoking except where there is a specifically designated
smoking area.
65
OCT 2 1985 BOOK #%I%
I
0 CT 2 1995)
BOOK 62 PACE -159
Commissioner Bird inquired whether we need to designate
certain areas in the Administration Building as smoking areas.
Attorney Barkett stated that the law says no one may smoke
in a public place except in a designated smoking area, but you
don't have to have any. We are definitely a government building,
and no person may smoke unless the person in charge designates a
smoking area.
Administrator Wright informed the Board that in private
offices we will let those individuals regulate that, but where we
have common areas, we will designate certain areas of the room.
Also, they are splitting up the cafeteria. The Administrator did
not foresee having any problem. He did not feel it is necessary
to post any area as a smoking area for the public.
REPORT ON MEETING WITH GIFFORD COMMUNITY RE SEWER SERVICE
Commissioner Scurlock reported that he met again with
leaders of the Gifford community who identified additional areas
they were interested in servicing, and he believed what they
identified is within the service area originally set up.
Commissioner Scurlock emphasized that it was a very cordial
meeting. The community wants to move ahead and to include as
much as possible; now, we are just checking the cost of the
improvements out and will be in requesting modification of the
budget accordingly. Also, it seems that instead of secondary
treatment, we will have to go to tertiary treatment, which is
about an $350,000 expansion of the original request for the
plant. Commissioner Scurlock felt we will get the answer on the
figures back in a couple weeks, and he then will bring this back
to the Commission.
REPORT ON THE LIBRARY COMMITTEE
Chairman Lyons informed the Board that they have been
studying the County as to where the population is, and there is
no question we need to put greater emphasis on the south and
west. It is also felt the Sebastian Library probably should be
66
M M M
moved a little further south in Sebastian because it is running
out of room already. He reported that Virginia Grigg, Director
of the State Library Services Division, will speak at their next
meeting.
SOUTH COUNTY FIRE
The Chairman announced that immediately upon adjournment,
the Board would reconvene as the District Board of Fire Commis-
sioners of the South Indian River County Fire District. Those
Minutes will be prepared separately.
There being no further business, upon Motion duly made,
seconded and carried, the meeting adjourned at 11:29 o'clock A.M.
ATTEST:
J
Clerk
67
CT 2 1985 e�o��