HomeMy WebLinkAbout1/22/1986Wednesday, January 22, 1986
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,
January 22, 1986, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard
N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also
present were Michael J. Wright, County Administrator; Charles P.
Vitunac, Attorney to the Board of County Commissioners; L. S.
"Tommy" Thomas, Intergovernmental Relations Director; and Barbara
Bonnah, Deputy Clerk.
Chairman Scurlock called the meeting to order.
G. Julius Rice, Pastor of Community Church gave the
invocation and Attorney Vitunac led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the additions to today's Agenda
of a retirement award to Fire Chief Forrest Smith and the
presentation of the Employee of the Year award.
Administrator Wright requested the addition of a funding
recommendation for the purchase of additional hardware for the
telephone system.
Administrator Wright withdrew Item 13B - Land Acquisition
for Indian River County Health Department Building - and advised
it will be brought back at the next meeting.
BOOK 63 FA -U[ ?08
JAN 2 2. 1986
Commissioner Lyons advised that Item 0 on the Consent Agenda
has been withdrawn by the applicant, the South County Fire
District.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously added
and deleted the above items.
Commissioner Lyons wished to cancel Item 11A - Public
Hearing for proposed ordinance to amend the definitions of
"family" and "group home" in the Zoning Code. Apparently the
Planning and Zoning were lead to believe that we must hear this
matter on an emergency basis, but he would like to see this go
back to the P & Z Commission for further consideration.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bowman, that the public hearing on
this item be cancelled and that the matter be sent
back to the Planning & Zoning Commission.
Under discussion, Commissioner Wodtke felt that the meeting
should be cancelled at the time the item comes up on today's
Agenda and Chairman Scurlock agreed.
Carolyn Eggert, Chairman of the P & Z Commission, advised
that they went through the proposed ordinance very carefully.
She felt puzzled by this because they have tabled items many
times and if they had felt pushed on this, they would have tabled
this matter also.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
failed to pass on a 1-4 vote, Commissioner Lyons voting
in favor of the Motion.
2
a r
RETIREMENT AWARD FOR FIRE CHIEF FORREST SMITH
Chairman Scurlock presented a retirement award to Chief
Forrest Smith, and speaking for all the Commissioners, expressed
their appreciation of the leadership, cooperation and dedication
given by Chief Smith during his many years of service with the
Vero Beach Fire Department and the last five years as Chief of
the South County Fire District.
EMPLOYEE OF THE YEAR AWARD
Chairman Scurlock presented Rocky Renda of the Utilities
Department the Employee of the Year award along with a check for
$100, and thanked him for his dedication to his job.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any additions or
corrections to the Minutes of the Regular Meeting of 12/11/85.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 12/11/85, as
written.
Chairman Scurlock asked if there were any additions or
corrections to the Minutes of the Regular Meeting of 12/18/85.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 12/18/85, as
written.
3
L ,JAN 22 1936
BOOK 63 FA,E 330
CONSENT AGENDA
.
BOOK 63 FnE331
Commissioner Wodtke requested that Item F be removed for
discussion.
Commissioner Bowman requested Item C be removed, and
Commissioner Bird requested Items G, I and J be removed also.
A. Report
Received and placed on file in the Office of the Clerk:
Report on Audit of the State of Florida
Office of the State Attorney
19th Judicial Circuit for FY ended 6-30-85
B. Community Services Block Grant Housing Rehabilitation Program
Federal Fiscal Year 1986
The Board reviewed the following memo dated 1/9/86:
TO: The Honorable Members of DATE: January 9, 1986 FILE:
the Board of County Commissioners
THROUGH: Michael Wright
County Administrator
SUBJECT: Community Services Block Grant
Housing Rehabilitation Program
Federal Fiscal Year 1986
FROM: Edward J. egam REFERENCES:
Executive irec or
I.R.C. Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission.
DESCRIPTION AND CONDITIONS:
The State of Florida's Department of Community Affairs has once again
allocated $6,295 to Indian River County under their C.S.B.G. Program, and
the Housing Authority would like to utilize.this grant to provide rehabili-
tation consulting services which activates rehabilitation funding from
governmental sources. This program will run from April 1, 1986 to
September 30, 1986.
The Farmers Home Administration Section 504 home repair program pro-
vides housing rehabilitation loans and grants to low-income and elderly
persons who lack the finances to make their homes decent, safe and sanitary
and free of health and safety defects.
This 1986 Program is targeted in the Gifford area of the County and 15
low-income and elderly owners will have their homes brought up to safe and
sanitary standards.
4
� � r
ALTERNATIVES AND ANALYSIS:
This is the third year the County and the Indian River County Housing
Authority, as sub -grantee, has participated in funding under legislation
passed by the Congress which consolidates various social programs into the
block grant categories.
RECOMMENDATION:
We respectfully request the County Commission to authorize its Chair-
man to execute the resolution and application for submission to Florida's
Department of Community Affairs for this C.S.B.G. grant.
This program will bring about improvements in safety and sanitation
for fifteen (15) homeowners with an average cost of $2,950 per unit. The
$6,295 Grant plus $1,052 cash and $1,645 in-kind contributions by the
Housing Authority will be supplemented with $44,250 in loans and grants
from the Farmers Home Administration.
This program requires no additional County funds.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously adopted
Resolution 86-02, authorizing the Chairman of the
Board to execute an application for a housing
rehabilitation program to assist low-income families
as administered by the State of Florida's Dept. of
Community Affairs.
5
JAN 2 2 1986 sou 63 Pt1rE 332
Pg lA of 11
JAIL 2 2 1986tg rr��
BOOK 6 3 F�1GE, 33,
RESOLUTION NO. 86-2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION
FOR A HOUSING REHABILITATION PROGRAM TO ASSIST
LOW-INCOME FAMILIES AS ADMINISTERED BY THE STATE
OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, the Board of County Commissioners of Indian River
County has reviewed this proposal and has received the recom-
mendation from the Executive Director of the Indian River County
Housing Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman
and the Clerk of the Board of County Commissioners are authorized
to execute the attached Application to the State of Florida's
Department of Community Affairs for a Community Services Block
Grant Program (CSBG).
The foregoing resolution was offered by Commissioner Lyons
who moved its adoption. The motion was seconded by Commissioner
Wodtke and, upon being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Patrick B. Lyons Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Richard N. Bird Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 22nd day of
ATTEST:
Freda Wright `�
Clerk �" Y.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By )JE:�L,
Charles Vitunac
County Attorney
January 1986.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Don C. Scurlock, Jr.
Chairman
C. Final Plat Approval for Stirling Lake Estates Subdivision
The Board reviewed the following memo dated 1/13/86:
TO: The Honorable Members of th(DATE:January 13, 1986 FILE:
Board of County Commissioners
DIVISION HEAD CONCURRENCE:
7
4Ober. Keati P SUBJECT: FINAL PLAT APPROVAL FOR
t M
Planning & Development Director STIRLING LAKE ESTATES
SUBDIVISION
THROUGH: Michael K. Miller
Chief, Current Development
FROM: Stan Boling,A. g` REFERENCES: A
Staff Planner STAN
It is requested that the data herein presented be given formal consid-
eration by the Board of County Commissioners at their regular meeting
of January 22, 1986.
DESCRIPTION AND CONDITIONS:
Stirling Lake Estates is a 22 lot subdivision of a ±7.91 acre parcel of
land, located on the east side of 33rd Avenue S.W... south of Oslo Road
(9th Street S.W.). The subject property is zoned RS -3 (Single Family
Residential up to 3 units/acre) and has a LD -1 (Low Density Resi-
dential) land designation. The proposed building density is ±2.78
units/acre. All streets and easements are to be dedicated to the
County.
The owner/applicant, Stirling Properties and Development Corporation.,is
now requesting final plat approval.
ALTERNATIVES AND ANALYSIS:
Stirling Lake Estates subdivision received preliminary plat approval on
August 8, 1985. The submitted final plat is in conformance with the
approved preliminary plat. The subdivision will be served by County
water and will utilize individual septic tanks. A majority of the
required construction and site work has been completed and verified by
the Public Works Division.
The applicant has submitted an executed Contract for the Construction
of Required Improvements, committing the corporation to completing the
required improvements by February 28, 1986. The applicant has also
submitted an irrevocable letter of credit in the amount of $47,437.62,
to guarantee the construction contract. The Public Works Division has
verified that the credit amount represents 1150 of the cost of con-
structing the remaining required improvements. Thus, the Stirling Lake
Estates final plat application meets all applicable County regulations
for receiving final plat approval. ,
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval to Stirling Lake Estates subdivision, authorize the
Chairman to sign the submitted Contract for Construction of Required
Improvements, and accept the submitted irrevocable letter of credit.
7
JAN
BOOK. 63 FADE 334
JAN 2 2 1996 �
BOOK 63 AGF •�DP5
Commissioner Bowman had a question regarding "limited
access" and Staff Planner Stan Boling explained that the purpose
of a limited access easement is to keep people from putting in
driveways without County approval.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Lyons, the Board unanimously granted
final plat approval for Stirling Lake Estates
Subdivision, as recommended by staff.
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
D. Final Plat Approval for J. R. Ashton Subdivision
The Board reviewed the following memo dated 1/13/86:
TO: The Honorable Members of th(DATE:January 13, 1986 FILE:
Board of County Commissioners
DIVISION HEAD CONCURRENCE:
Ro ert M. Kea ng, ICP SUBJECT: FINAL PLAT APPROVAL FOR
Planning & Development Director J. R. ASHTON SUBDIVISION
THROUGH: Michael K. Miller
Chief, Current Development
FROM:Stan Boling 'j, 6. REFERENCES: J. R. Ashton
Staff Planner STAN
It is requested that the data herein presented be given formal consid-
eration by the Board of County Commissioners at their regular meeting
of January 22, 1986.
DESCRIPTION AND CONDITIONS:
J. R. Ashton Subdivision is a 54 lot subdivision located immediately
east of Whispering Palms Unit 1 Subdivision. The subject property is
±18.03 acres in size. The land is zoned RS -6, (Residential Single -
Family up to 6 units per acre). Its land use designation is LD -2 (Low
Density Residential up to 6 units per acre). The building density is
±2.8 units per acre. All streets and easements are to be dedicated to
the County. The owner/ applicant, J. R. Charles Corporation (James D.
Revelle, President), is requesting final plat approval.
ALTERNATIVES AND ANALYSIS:
The J. R. Ashton Subdivision received preliminary plat approval on
March 22, 1984. The submitted final plat is in conformance with the
approved preliminary plat.
The subdivision is served by County water, and individual septic tanks
will be utilized. All required improvements have been constructed; the
Public Works Division has inspected and approved all construction.
8
The applicant has submitted an executed Warranty Maintenance Agreement,
guaranteeing the performance of all dedicated improvements for one
year. The applicant has also submitted a maintenance bond in the
amount of $50,000.00, to secure the agreement. The Public Works
director has verified that the $50,000.00 represents 25% of the total
cost of improvements and is sufficient to protect the County's
interests.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval to J. R. Ashton Subdivision, and accept the submitted
Warranty Maintenance Agreement and maintenance bond.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously granted
final plat approval for J. R. Ashton Subdivision.
E. Change Order #2 - County Jail Phase I General Construction
Contract
The Board reviewed the following memo dated 1/15/86:
The Honorable Members of
Ta
the Board of County
Commissioners
THRU: Michael Wright
County Administrator
H. T. "Sonny' an
FROM: Director
General Services
DATE: January 15, 1986 FILE:
n
SUBJECT: Indian River County Jail
Phase I Construction Project
Change Order Number 2
REFERENCES:
This change order is requested to increase the number of visitation
booths from thirteen (13) to sixteen (16). We feel this increase is
necessary because a regular cell block holds up to 18 prisoners.
Each prisoner is allowed two hours of visitation per week. With just
13 visitation booths, we would have to double schedule 10 cell blocks
to ensure that each prisoner got his required visitation each week.
If each cell block was double scheduled, supervision in the
visitation area would have to be doubled. With three additional
booths we can run visitation only two days per week. Without them,
visitation would have to be run at least four days per week. Running
visitation four days per week would conflict with the outdoor
recreation requirements of three days per week.
If we were to handle visitations with
additional detention officer would be
to start additional personnel would be
including salary and benefits.
9
double schedules, an
required for supervision. Cost
approximately $19,000 annually
BOOK 63 Fq,Gr 336
BOOK 63. PAGE33 7
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously approved
Change Order #2 to the contract for General
Construction of the County Jail for the addition
of three additional visitation booths, as recommended
by General Services Director Dean.
1766
FRIZZELL ARCHITECTS OWNER ❑
CHANGE ORDER ARCHITECT ❑ pWNER
CONTRACTOR ❑
FIELD ❑
OTHER
PROJECT: INDIAN RIVER COUNTY JAIL
(name, address) CHANGE ORDER NO: TWO (2 )
OWNER: Board of County Commissioners
Indian River County, Florida
TO: (Contractor)
r
RSH CONSTRUCTORS
P. 0. Box 52149
Jacksonville, F1. 32201
L
DATE: January 2, 1986
ARCHITECTS PROJECT NO: 1766
CONTRACT FOR: General Construction
J CONTRACT DATED: March 27, 1985
YOU ARE NEREBT AUTNORIMo To WAKE THE FOLLOWING CHARGES IN THE SUBJECT JOB:
Three (3) additional visitation booths as perADD
Drawings No. 1/5 PR 2.1; 2/5 PR 2.2; 3/5 PR 2.3;
rB
4/5 PR2.4 & 5/5 PR.2.5, all dated 10/15/85.
5,546.00
Gen. -Contractor OH 8 Profit 7-1/2% 416.00
5,962.00
TOTAL Ia5,962.00 1s
The cenftm Tim. win M XrNr36"*KWAW
The Date of Substantial CM08,, n u o, Oro debof aftC,ybye order 0eretore b ( 0 ) '
Net sdd until I by both tM Ow and ArohitaeL
SlDnahra of tln Canhaotor bWk*W bN eDrewnWd t..W r• bmh,,g AM adintm W W tlta
Cantreot Snm or lbntrpd Tian.
ORNGINAL CONTRACT .................................. RE
s 3 768 981.00
FORWER CHANGE ORDERS ..............
.RLC�_�
Tim CHANGE ORDER ..._....................'�� s 3.768, 981 00
(ADD j...s 5 962.00
moNED JAN 0 g 1985 REVISED CONTRACT PRICE •••8-3.774,943.00
APPROYE4
� C ACCEPTED:
S�UCTDRS BOARD OF COUNTY Ca.2,USSIONERS
CONST cow r , INDIAN RIVER COUNTY, FTARIDA
OW
BY
By
W. 0. Fn1aEl1 Ail�N�Mc DATE �-9 -86
DATE —�— P/
BY -O Fs
PAGE �' OF '�' PAGES ave
®4 lk)
10
F. Agreement with Indian River Community Mental_ Health_ Center,
Inc. to Evaluate Prisoners
The Board reviewed the following memo dated 1/15/86:
TO: Honorable Board of County DATE: January 15, 1986 FILE:
Commissioners
THROUGH: Sonny Dea�
Director, General Se ice SUBJECT:
and
Charles Vitunac
County Attorney
FROM: Joseph . Baird
OMB Director
DESCRIPTION OF CONDITIONS
Agreement Between Indian River
County Board of County Commissioners
and Indian River Community Mental
Health Center, Inc. to Evaluate
Prisoners
REFERENCES:
Attached is a copy of an Agreement between Indian River County Board of
County Commissioners and the Indian River Community Mental Health Center, Inc.,
for the Mental Health Center to evaluate prisoners for a fixed fee of $1,250.00
per month. Both Charles Vitunac and Sonny Dean have receive! the Agreement and
are satisfied with the terms and conditions set forth therein.
RECOMMENDATION
Staff recommends the Honorable Board of County Commissioners approve the
Agreement between Indian River County and the Indian River Community Mental
Health Center, Inc.
Commissioner Wodtke asked if the judges have indicated that
they feel this is a good evaluation system or are they going to
order outside evaluations.
General Services Director Sonny Dean explained that these
evaluations primarily are ordered by a doctor. They are not
court ordered evaluations. Last year the County paid much more
then that.
Commissioner Lyons asked what we are saving, and
Administrator Wright stated that the cost ran twice this amount,
because we were talking $4,000-$5,000 a month when we went down
to St. Lucie County to negotiate this process.
Administrator Wright and Director Dean stated they would
advise the judges of the County's agreement for prisoner
evaluations.
11
L_ "JA N 2 2 1986 B o o K 63 u-3'38
J
JA BOOK 63 FnE 339
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously approved
the agreement between Indian River County and the
Indian River Community Mental Health Center, Inc. for
evaluation of prisoners, and authorized the Chairman's
signature.
AGREEMENT
THIS AGREEMENT made this 22nd _, day of January ,1986 , by and
between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
1840 25th Street, Vero Beach, Florida, 32960, (the "County") and INDIAN RIVER
COMMUNITY MENTAL HEALTH CENTER, INC., 800 Avenue H, Fort Pierce, Florida,
33450, (the "Contractor").
I. Scope of Services
A. The Contractor will provide any inmate of the Indian River County
Jail referred to Contractor by the County Jail's Medical Officer the following
services as required by such inmate and authorized by such medical officer:
(1) Preliminary evaluation
(2) Psychiatric evaluation
(3) Individual counseling
(4) Chemotherapy
(5) Crises intervention
B. Contractor shall supply, at its own expense, all injectable medica-
tions prescribed by the Contractor's physician.
C. Contractor shall provide in-service training for jail personnel
concerning mental health procedures and practices upon the request of the
Jail Administrator of the County Jail. _
II. Time of Performance
-The Contractor agrees to begin the above described services on 1st day
o -f February, --1986 . and to perform such services in a professional and
timely manner. Such services shall be provided 24 hours a day, seven days
a week (Monday through Sunday).
III. Compensation
The Contractor shall provide all required services and medications,
as described above, at a maximum charge of one thousand two hundred fifty
dollars ($1,250.00) per month. This charge includes all equipment, supplies,
insurance and all salaries or other compensation for Contractor's employees.
It is expressly agreed that under no circumstances shall the total sum paid
pursuant to this Agreement exceed fifteen thousand dollars ($15,000.00).
IV. Indemnification Against Claims
The Contractor is and shall be an independent Contractor and operator,
responsible to all parties for all of its acts or omissions; -and Indian River
County shall in no way be responsible for such acts or omissions. The Con-
tractor shall and will indemnify and hold harmless the County from and against
any and all liability, claims, demands, damages, expenses, fees, fines, penal-
- 12
ties, suits, proceedings, actions and costs of actions, including reasonable
attorneys' fees of any kind and nature arising or growing out of or in any
way connected with the use, occupation, administration or control of the
above described services or the use or occupation of the Indian River County
Jail, Annex or Correctional Center by the contractor or its agents, servants,
employeees, customers, patrons or invitees whether in the jail facilities
or surrounding area, or resulting from injury to person or property, or loss
of life or property of any kind or nature whatsoever sustained during the
term of this Agreement, in or about the Indian River County Jail, Annex or
Correctional Center or surrounding area.
V. Liabiity of Insurance
The Contractor shall, at its own costs and expense, promptly procure,
pay for and at all times maintain a policy or policies of insurance with
a compnay or companies acceptable to the county, protecting and insuring
the county against any and all of the foregoing with coverage limits of not
less than ne million for medical mal ?ra result of any single act or occur-
rence. The described policies of insurance and all renewals of those policies
shall be delivered to and held by the County. The insurance policy shall
provide Broad Form Comprehensive General Liabiity coverage, and it shall
include personal injury; products and completed operations; and contractual
liability specfically insuring this Hold Harmless Paragraph. The policy
shall further name the Indian River cn„nry rnmmiaainrer_
named insured and shall provide a thirty (30) day notice of cancellation
or non -renewal and a severability of interest endorsement. Evidence of such
insurance must be provided prior to commencement of services as described
in this Agreement. The County may, at its sole option, accept a certificate
of insurance in lieu of the policy.
VI. Termination
The County shall have the right to terminate this Agreement for any
reason upon written notice provided to Contractor thirty (30) days prior
to termination. Provided, however, this Agreement shall automatically expire
on September 30, 1986.
VII. Entire Agreement
This Agreement contains the entire Agreement of the parties and shall
not be extended or modified except in writing.
.This Agreement is executed the 4th day of February 1986.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
Adopted: 1-22-86
By: / G
CHAIRMAN6
INDIAN RIVER COMMUNITY
MENTAL HEALTH CENTER, INC.
B y: r? ) e71,�f ✓1
PRESIDENT
ATTEST: ATTEST:
eT
CLERK SECRETARY
�GC.QQ1
13
BOOK 63 FACE 34®
G
BOOK
G. Budget Amendment - State Human Services Grant
63 PAGE 341
The Board reviewed the following memo dated 1/15/86:
TO: Honorable Board of County DATE: January 15, 1986 FILE'
Commissioners '
SUBJECT: - Budget Amendment
For State Human Services Grant
FROM: Jose A. Baird REFERENCES:
OMB Director
Account Title
Revenue - Human Services
I.R.C. Council on Aging
Shelter Workshop
Reserve for Contingency
Explanation:
Account Number
001-000-334-60.00
001-211-564-88.32
001-106-564-88.37
001-199-581-99.91
Increase
$2,648
3,324
3,324
Decrease
$4,000
The Board of County Commissioners has received a State Human Services Grant in
the amount of $6,648. The Indian River County Board of County Commissioners budgeted
$4,000.00 to be received from this grant and we received $6,648.00, therefore, we are
increasing revenue $2,648. These funds were to be expensed, half in Indian River
County Council on Aging and half in Sheltered Workshop. The expenditures were not
budgeted. This left a $4,000.00 shortfall which we are taking from General Fund
Contingencies.
Amount Remaining in Contingencies
001-199-581-99.91 Beginning Balance $375,000
Adjustments to date (98,656)
Estimated adjustment
for 2001 Building (32,000)
Estimated Contingency $244,344
Balance as of 1-15-86
Commissioner Bird understood that while the receipt of the
grant was budgeted, the expenditure of the $4,000 was not, and
Administrator Wright confirmed it was just an oversight in the
budget process.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously approved
the above budget amendment, as recommended by
OMB Director Baird.
14
H. Budget Amendment - Reimbursement_ to Sheriff's Dept. for
Special Duty Overtime
The Board reviewed the following budget amendment dated
1/15/86:
TO: Honorable Board of County DATE: January 15, 1986 FILE'
Commissioners '
SUBJECT: Sheriff's Budget Amendment
To Reimburse for Special
Duty Overtime
T
FROM: Joseph A. Baird REFERENCES:
0MB Director
On August 29, 1985, the Honorable Board of County Commissioners approved
the attached Sheriff's budget amendment. The amendment was not recorded be-
fore the 1984/85 year end cut-off. Since we missed the cut-off, the budget
amendment cannot be written against the appropriate account and must be taken
from Cash -Forward for 1985/86 fiscal year. The following amendment is to
clean-up the accounting:
Account Title Account Number Increase Decrease
Cash -Forward - Oct. 1st 001--000-389-40.00 $12,064
Transfer to Sheriff 001-600-586-99.04 $12,064
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously approved
the above budget amendment, as recommended by
OMB Director Baird.
I. Request to Purchase IBM Word Processors for Legal Department
The Board reviewed the following memo dated 1/15/86:
15
JAN 22 1986 BOOK 63 ml -C342
BOOK 63 FAQ -C343'.
TO: The Honorable Board DATE: January 15, 1986 FILE:
of County Commissioners
through Charles Vir��SSUBJECT:
County Attorney
BUDGET AMENDMENT TO
PURCHASE IBM WORD
PROCESSOR
FROM: REFERENCES:
Joseph A. J. Baird
Director'of Budget and Management
The attorney's office is requesting permission from the Honorable
Board of County Commissioners to purchase two IBM word processors
and one printer, the total cost being $11,400.00.
At the present time, the attorney's office has two Lanier word
processors. These word processors are the only ones of this type
in the County Administration Building making it incompatible with
other offices. One of the Laniers is 6-7 years old and is beginning
to experience maintenance problems. In addition to these drawbacks,
the attorney's staff feels that the Lanier is inferior to the IBM
word processor.
If the Board of County Commissioners approve the purchase of
the IBM word processor, the attorney's office would like to sell
the old Lanier and keep the newer Lanier to phase the legal
documents onto the IBM.
The funding for the purchase of the IBM word processor and
printer would be from General Fund contingencies.
AMOUNT REMAINING IN CONTINGENCIES
001-199-581-99.92
BEGINNING BALANCE $375,000.00
ADJUSTMENTS MADE TO DATE [98,656.00]
ESTIMATED ADJUSTMENT FOR
2001 BUILDING [32,000.00]
ESTIMATED CONTINGENCY BALANCE
AS OF 1/15/86 $244,344.00
BUDGET AMENDMENT Increase Decrease
001-102-514-66.41 Office furniture & equipment $11,400.
001-199-513-99.92 Reserve for contingency $11,400.
Commissioner Bird felt that while the Legal Dept.'s Laniers
needed to be replaced and the IBMs would be advantageous, he
wondered if it was necessary to provide these midway through the
budget year.
16
Chairman Scurlock noted that we are in the process of
purchasing these word processors around the building at $8,000 a
piece and wondered if some of these machines were necessary. He
felt it might be more beneficial to pool our typing efforts by
having 2-3 persons working constantly, thereby having the
machines in use all day.
Attorney Vitunac explained that his department is going to
be rewriting the Code of Ordinances and the IBMs would be of
great help. He pointed out that recently they have had to amend
two very lengthy briefs and the IBM word processor would have
made that task much easier and faster.
Commissioner Bird stated he was convinced of the need, he
just wasn't convinced about spending contingency funds.
Commissioner Wodtke felt we should wait for the master
computer report before we go ahead and purchase these machines.
The Data Processing Committee is expecting to receive the report
from the consultants within 30 days and he hoped it would show
the IBMs to be compatible with the rest of the computer equipment
in County Administration system.
Administrator Wright felt confident it would because the
IBMs were in use all over the building, with the exception of the
Laniers in the Legal Department.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously
deferred action on this matter until the master
computer report is received from the consultants.
J. Budget Amendment - Adjustment of County Attorney's Salary
Accounts
The Board reviewed the following memo dated 1/15/86:
17
JAN 2 2 1966 0 Boor 63 FA„F 344
L.
BOOK 6`3 PAGE 345 7
TO: Honorable Board of County DATE: January 15, 1986 FILE:
Commissioners
THROUGH: Charles Vitunac SUBJECT: Budget Amendment
County Attorney To Adjust Attorneys
Salary Accounts
FROM:r
Joseph A. Baird
OMB Director
Account Title
Regular Salaries
Social Security
Retirement Contribution
Insurance
Worker's Compensation
Reserve for Contingency.
Explanation:
REFERENCES.
Account Number
001-102-514-11.12
001-102514-12.11
001-102-514-12.12
001-102-514-12.13
001-102-514-12.14
Increase Decrease
$19,585
1,401
2,398
110
108
$23,602
On September 25, 1985, the Honorable Board of County Commissioners voted to change
the position of assistant County Attorney to a grade A, increasing the salary account
by $8,093. The remaining amount is to adjust an assistant County Attorney's pay by 10%
(see attached letter from Gary Brandenburg), and to give the remaining staff the 4%
raise.
Amount remaining in Reserve for Contingency (For Salary Increases)
001-199-513-99.91
Beginning Balance
Adjustments - BCC
Sheriff (4I)
Present Balance
$471,339
(7,200)
(114,191)
$349,948 as of 01-14-86
Chairman Scurlock understood that this was a commitment made
by former County Attorney Gary Brandenburg before he went to work
for Palm Beach County.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved the above budget amendment, as recommended
by County Attorney Vitunac.
18
K. Approval for Out -of -State Travel
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved out-of-state travel for Commissioners
and appropriate staff to attend the NACO Convention
in Washington, D. C., February 28 -March 4, 1986.
L. Approval for Out -of -County Travel
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved out -of -county travel for Commissioners
and appropriate staff to attend SACC Convention
in Pensacola, Florida, Feb. 12-14.
M. Approval of Out -of -County Travel
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved out -of -county travel for Commissioner
Lyons to attend the Marine Resources Council
Seminar in Palm Bay, Florida, January 30-31.
N. Approval of Out -of -County Travel
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved out -of -county travel for Commissioners
and appropriate staff to attend the Hi -Speed Rail
Transportation Seminar in Miami, Feb. 19-20.
CLERK OF THE CIRCUIT COURT REQUEST TO PURCHASE COPY MACHINE AND
C IV /'DT..
The Board reviewed the following letter dated 1/17/86;
19
L- JAN 22 1986
BOOK 63 FAA46
J A N 22 1966
January 17., 1986
Boos 63 F'AcE 347
FREDA WRIGHT
CLERK, CIRCUIT COURT AND RECORDER
INDIAN RIVER COUNTY
P. O. BOX 1028
VERO BEACH • FLORIDA
32960
The Board of County Commissioners
Indian River County
1840 - 25th Street
Vero Beach, Florida 32960
In re: Capital Oullay-Request
Gentlemen & Mrs. Bowman:
The Xerox copier that is used for copying court records and
recording documents has broken down. I have already spent
$732.00 in repairs on the copier and it will cost an additional
$1,460.00 to repair it now. I do not feel that the copier is
worth repairing and should be replaced.
The Court system has now been completely automated and all
court records, cases, and files are on the computer for civil
court, criminal court, and traffic court. I now need six addi-
tional CRT's for the court departments and courtrooms.
I am requesting that funds in the amount of $6,495.00 for a
new copier and $6,600.00 for six (6) CRT's be appropriated
from the Court Facilities Fund for capital outlay expenditures.
The County Attorney, Mr. Vitunac, has advised me that the
purchase of the above equipment would be a legitimate expend-
iture of the Court Facilities Fund.
Sincerely,
Freda Wright
Clerk of the Circuit Court
Freda Wright, Clerk of the Circuit Court, confirmed that
funds in the amount of $13,095 were available from the Court
Facilities Fund.
OMB Director Joe Baird reported that there is a balance in
contingencies for the Court Facility Fund of $73,335 and a cash
balance of $43,850.
20
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bird, that the Board approve the Clerk's
request to purchase a new copier for $6,495 and six (6)
CRTs for $6,600, with the funds to come out of the
Court Facilities Fund.
Under discussion, Commissioner Lyons noted that this will
help tie in the computer system between the Clerk's office and
the Jail.
Commissioner Wodtke asked if these were replacement CRTs,
and Clerk Wright stated that they were additional CRTs and that
Don Hylton, Director of Data Processing Department, had made the
evaluation. There is a capacity for 128 CRTs.
Director Hylton noted that this tie-up to the Jail helps cut
down on the number of people in jail because it gets the
information moved around without waiting for all the paper work.
Chairman Scurlock directed General Services Director Sonny
Dean to consider the old copier for use by those departments that
have moved into the 2001 Building.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
SHERIFF'S REQUEST TO PURCHASE HAND-HELD RADIOS FOR FLORIDA
HIGHWAY PATROL TROOPERS OPERATING IN�INDIAN RIVER COUNTY
The Board.reviewed the following memo dated 1/13/86:
21
Bou 63 Fa, t 348
i f f
P. O. BOX 608
PHONE 369.6700
January 13, 1986
Honorable Pat Lyons, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Pat:
BOOK 63 PA -U-349
R.T."T I d' DO B EC K • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH, FLORIDA 32961
A few years ago, the Indian River County Commissioners provided funds
to supply Florida Highway Patrol Troopers, assigned to this county,
mobile handheld radios. This was done to aid in direct communication
with the Indian River County Sheriff's Department and thereby proved
better coordinated law enforcement within the County.
This program has proved to be very beneficial and on many occasions
has aided both agencies in supporting each other more expeditiously.
These initial radios, which were supplied to Florida Highway Patrol,
have now become either completely unuseable or obsolete due to their
constant every day use.
I realize that for the County Commissioners to provide funding for
new radios would place an undue strain on the county's general fund.
It is for that reason, that I recommend that this item be placed on
the next available agenda of the County Commissioner's Meeting
requesting that funding for new radios be approved from the Special
Law Enforcement Trust Fund. I have included a cost proposal from the
Communications of Vero. As soon as these funds are approved, the
order will be placed and when the radios are received will be issued
to L -.he troopers in this county. As in the past, I am willing to
continue paying the maintenance contract on these radios from our
regular operating budget. The useable radios picked up from FHP
would be placed in my inventory to be used as emergency spares.
Thank you for this consideration.
Sincerely,
R. T. "Tim" Dobeck, Sheriff
Indian River County
22
Chairman Scurlock believed the State should have some
responsibility for the Highway Patrol's equipment.
Commissioner Bird felt that the main purpose of these radios
is to provide better communication between the Sheriff's Dept.
and the State Troopers.
Commissioner Wodtke pointed out that the Highway Patrol
investigates every accident, but General Services Director Sonny
Dean advised that the Sheriff's Dept has been working accidents
for about a year now.
Chairman Scurlock suggested that we include in our comments
to the State Legislature a statement re the need for adequate
funding of the State Highway Patrol to allow them to do their job
here in Indian River County.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously
approved the Sheriff's request to purchase
new hand-held radios for the Florida Highway
Patrol as set out in the following estimate.
The Commissioners directed Director Dean to check on the
radar unit and hand-held radio unit assigned to the trooper who
was recently transferred.
23
Bou 63 350
JAN 2 2 1986
COMMUNICATIONS OF VERO BEACH
a Division of Communications International, Inc.
500 First Street, P. O. Box 6670, Vero Beach, Fla. 32960
Phone: (305) 569-5355, (305) 725-8882
January 6, 1986
Major Roy Raymond
Indian River County
Sheriff's Office
P.O. Box 608
Vero Beach. F1 32961
Dear Royt
BOOK. 63 Fri-uE . 51
GENERAL 0 ELECTRIC
AUTHORIZED SALES 3 SERVICE
MOBILE RADIO
We would like to replace the Florida Highway Patrol handhelds. They currently
have:
5 ea - PE66TDSDHX (obsolete)
3 ea - MPX P4BJJ66DEX (usuable)
The cost of the new radio to outfit the Florida Highway Patrol is $989.00
each for a total of $9890.00
We would like to keep the MPX radios in your stock for spares and sell the
five PE radios for as much as possible.
If you have any questionst please feel free to contact me.
Very truly yourst
Timothy J.
Assistant ager
PUBLIC HEARING - ORDINANCE AMENDING ZONING CODE - MINIMUM
DRIVEWAY WIDTHS
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
24
VERO BEACH PRESS-JOURNAL�� a 9 10;
Published Weekly
Vero Beach, Indian River County, F Wdk
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA RI -f p'
Before the undersigned authority personally a 'dq� h
g y p y ppeared J. J. nn, Jr, who t�
says that he is Business Manager of the Vero Beach Press -Journal, a we ed
at Vero Beach in Indian River County, Florida; that the attached copy o eS¢i� being
a
in the matter of
b�
in the Court, was pub-
lished in said newspaper in the issues off�T,/`y,.
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 ore this day of = G�f% A.D.
•
i (Clerk of the Circuit Court, Indian River County, Flori
(SEAL) - -- - - - -_ - -
NOTICE OF PUBLIC HEARING
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBYGIVEN that the Indian
River County -Board of County Commissioners,
shall hold a public hearing at which parties in In -
forest and citizens shall have an opportunity to
be heard In the County Commission Chambers
Of the County Administration Building, located at
1840 25th Street, Vero Beach, Florida on
Wednesday, January 22, 1988, at 9:05 a.m. tol
consider the adoption of an Ordinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMmmmnNcoc nr wn—,
01=%. i wry ra.3(dA10xe) OF APPENDIX A
OF THE CODE OF LAWS AND ORDI-
•NANCES, KNOWN .AS THE ZONING
CODE; PROVIDING FOR REDUCING
::,THE MINIMUM REQUIRED ONE-WAY
DRIVEWAY WIDTH FROM SIXTEEN (18)
FEET TO TWELVE (12) FEET; AND
PRnvinimn cno nnn,r,n.�,....- .._..
PROVISIONS; AND EFFECTIVE DATE.
Anyone who mwish to appeal airy dedsfon`
which may be mate at this meeting will need to
ensure that a verbatim record of the proceedings
Is made, which includes testimony and evidence
upon which the appeal Is. based.
INDIAN RIVER COUNTY
BOARD OF COUNTY' COMMISSIONERS
By: -s -Patrick B. Lyons, Chairman
?Jan, 9. 14,1988
The Board reviewed the following memo dated 1/10/86:
TO: The Honorable Members DATE: January 10, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
11 SUBJECT:
624L* &"-
Ro ert M. X&atilhg, PGUP
Planning & Development Director
PROPOSED AMENDMENT TO THE SITE
PLAN ORDINANCE CONCERNING THE
REDUCTION OF ONE—WAY DRIVE WIDTH
FROM 16 FEET TO 12 FEET
FROM:REFERENCES:
Michael K. Miller DIY
Chief, Current Development
It is requested that the data herein presented be given formal- con-
sideration by the Board of County Commissioners at their regular meeting
of January 22, 1986.
DESCRIPTIONS AND CONDITIONS:
The Planning Department is initiating a request to amend the site plan
regulations of the zoning ordinance to reduce the required width of a
one-way drive from 16 feet to 12 feet.
25
Boor 63 r�knc 352
r JAN 2 2 1986
BOOK 63 FGE 353
An extensively revised site plan ordinance (#85-47) was adopted on May
22, 1985, and the minimum one-way drive width of 16 feet was included as
a new requirement. Since this ordinance was adopted, staff has
determined that the 16 foot one-way drive requirement is not justified.
On January 9, 1986, The Planning & Zoning Commission unanimously recom-
mended approval of an ordinance amendment to reduce the one-way drive
width from 16 feet to 12 feet:
ALTERNATIVES AND ANALYSIS
One-way drive standards in effect for many communities in this region
reflect an adopted standard closer to 12 feet, and field inspections have
verified that a 12 foot requirement is generally more reasonable, con-
sidering vehicle turning movements and the need to reduce impervious
surfaces to benefit stormwater management.
RECOMMENDATION
The staff recommends that the Board of County Commissioners adopt an
amendment to the zoning ordinance to permit a reduction of the one-way
drive width from 16 feet to 12 feet.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously
closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously
adopted Ordinance 86-8, amending the Zoning
Code; providing for reducing the minimum required
one-way driveway width from sixteen (16) feet to
twelve (12) feet.
26
ORDINANCE NO. 86 - 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
23. 3 (d) (1) (e) OF APPENDIX A OF THE CODE OF LAWS AND
ORDINANCES, KNOWN AS THE ZONING CODE; PROVIDING FOR
REDUCING THE MINIMUM REQUIRED ONE-WAY DRIVEWAY WIDTH
FROM SIXTEEN (16) FEET TO TWELVE (12) FEET; AND PROVID-
ING FOR CODIFICATION; SEVERABILITY; REPEAL OF CONFLICT-
ING PROVISIONS; AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
Section 23.3(d) (10) (e) entitled "DRIVEWAY WIDTH AND RADII"
or Ordinance #85-47 is hereby amended to read as follows:
e. Driveway width and radii. The following stan-
dards shall be utilized for all driveways.
These standards are minimums and are applicable
for car and van traffic only. These standards
may be increased in cases where a significant
amount of truck traffic is anticipated for
either the entire site or specific access
points. For driveways through off-street
parking areas, minimum widths shall be con-
sistent with standards established by the
Institute of Traffic Engineers (I.T.E.).
Driveway Width Standards
One -Way Drives
Lane (s)
1
2
Two -Way Drives
2
3
4
*If non -mountable curb.
Driveway Radii Standards
Roadway Classification
Local
Collector
Arterial
*If non -mountable curb.
-1-
Width in Feet
--16- 12
22/25* —
22/25*
33/36
44/47*
Inbound Outbound
25 20/25*
35 25
35_ 25
CODING: Words in struek-tlraugk type are deletions from existing
law; words underlined are additions.
JAN 2 1986 BOOK 63 PnA5
ORDINANCE NO. 86 - 8
Boa 63 PACE 355
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 3
SEVERABMLITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 4
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary-of__State of official acknow-
ledgement that this ordinance has been filed with the Department
of State.
-2-
CODING: Words in struek-threugh'type are deletions from existing
law; words underlined are additions.
6
r � �
ORDINANCE NO. 86 — 8
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 22nd day of January, 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY / G:
Don C. Scurlock, Jr. v
Chairman
PUBLIC HEARING - ZONING ORDINANCE AMENDMENT FOR FUNERAL CHAPELS
The hour of 9:05 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,
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared
says that he is Business Manager of the Vero Beach Press -Jour
at Vero Beach in Indian River County, Florida; that the attac
i
in the matter of
A
Sc&COae+G7 r.ho 1�n
wemk*'KepaWr publ
qpy of ad rti%nent, a
in the �7 }!Court, was pub-
lished in said newspaper in the issuesfz-- -
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-
tiserrenf; 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 subscribedleefore&e thi L day ofA.D.
(Clerk of the Circuit Court, Indian River County,
29
NOTICE OF PUBLIC HEARING: _.
TO CONSIDER THE -
ADOPTION OFA COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Indian
River County Board of County Commissianers,
shall hold a public hearing at which parties in in-
terest and citizens shall have an opportunity to
be heard, in the County Commission Chambers
of the County Administration Building, located at
1840 25th Street, Vero Beach, Florida, on
Wednesday, January 22, 1988, at 9:05 am. to
consider the adoption of an Ordinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING
APPENDIX A OF THE CODE OF LAWS
AND ORDINANCES KNOWN AS THE
ZONING CODE; PERTAINING TO FU-
NERAL CHAPELS AND THE PURPOSE '
AND INTENT OF THE GENERAL COM-
MERCIAL DISTRICT; CREATING A DEFI
NITION OF FUNERAL CHAPELS; ES-
TABLISHING FUNERAL CHAPELS AS A
PERMITTED USE IN THE LIMITED COM-
MERCIAL AND GENERAL COMMER-
CIAL DISTRICTS; AMENDING THE PUR-
POSE AND INTENT OF THE GENERAL
COMMERCIAL DISTRICT; AND PROVID-
ING FOR CODIFICATION; SEVERABIL=
ITY; REPEAL OF CONFLICTING PROVI-
SIONS; AND EFFECTIVE DATE.
Anyone who may wish to appeal arty decision.
which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
Is made, which Includes testimony and. evidence
upon which the appeal is based.
Indian River County
Board of County Commissioners _
By: -s -Patrick B. Lyons, Chairman
Jan. 2114, 1988
,,_JAN 22" 1986 ,BOOK 63 P,, F356
r JAN, 2 2 1986
.
BOOK 63 FnE 357
The Board reviewed the following memo dated 1/10/86:
TO: The Honorable Members DATE: January 10, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
�/L 1
� SUBJECT: ZONING ORDINANCE AMEND -
Robert M. X6JLtinf, AICP MENT FOR FUNERAL CHAPELS
Planning & Development Director
FROM: RS REFERENCES:
Richard Shearer, AICP Funeral Chapel'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 January 22, 1986.
.DESCRIPTION & CONDITIONS
The Planning Department is initiating a request to amend the
Zoning Ordinance to create a definition of funeral chapels, to
establish funeral chapels as a permitted use in the CL, Limited
Commercial District, and CG, General Commercial District, and to
amend the purpose and intent section of the CG district.
On January 9, 1986, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this proposed ordinance
amendment.
ALTERNATIVES & ANALYSIS
Currently, funeral homes are only allowed in the CG district.
The staff has determined that funeral chapels are a different
type of use than funeral homes. Two separate rezoning requests
have -been submitted by individuals wanting to develop funeral
chapels which would not provide the range of services provided by
a funeral home. A proposed zoning ordinance amendment has been
prepared to create a definition for funeral chapels and estab-
lish them as a permitted use in the CL and CG districts.
Moreover, a proposed amendment to the purpose and intent of the
CG district has been prepared to clearly state where the CG
district may be established and delete the statement that new
car sales will not be allowed in the CG district.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Commissioner Lyons asked if this definition was broad enough
to include memorial services without a body, and Richard Shearer,
Chief of Long -Range Planning, believed that it was.
Commissioner Lyons pointed out that Section I states "prior
to burial", and Administrator Wright suggested inserting
"conducting memorial services."
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
30
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
closed the Public Hearing.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously adopted
Ordinance 86-9, amending the Zoning Code pertaining
to funeral chapels, with the insertion of "conducting
memorial services" in Section I.
31
JAN 2 2 1986 BOOK 3 Pt1GC.358
r •,➢AN:22 1986
ORDINANCE NO. 86 - 9
BOOK FA1F 359
;I
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES KNOWN AS THE ZONING CODE; PERTAINING TO
FUNERAL CHAPELS AND THE PURPOSE AND INTENT OF THE GENERAL
COMMERCIAL DISTRICT; CREATING A DEFINITION OF FUNERAL
CHAPELS; ESTABLISHING FUNERAL CHAPELS AS A PERMITTED USE IN
THE LIMITED COMMERCIAL AND GENERAL COMMERCIAL DISTRICTS;
AMENDING THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL
DISTRICT; AND PROVIDING FOR CODIFICATION; SEVERABILITY;
REPEAL OF CONFLICTING PROVISIONS; AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
Section 270, Language and Definitions, is hereby amended by
adding:
Funeral Chapels. A premises, structure or site used as a
commercial establishment for conducting memorial services or
funeral services prior to burial or other disposition of deceased
human remains. Such premises, structure or site shall not be
used for the preparation of deceased humans for burial, or for
the burial, prolonged storage or permanent disposition of
deceased human remains.
SECTION 2
Section 19{A}, CL: Limited Commercial District, is hereby
amended as follows:
SECTION 194A} CL: LIMITED COMMERCIAL DISTRICT
B. Permitted Uses
4. Commercial Uses
g. Personal Service
- Funeral Chapels
SECTION 3
Section 204A}, CG: General Commercial District, is hereby
amended as follows:
SECTION 20{A} CG: GENERAL COMMERCIAL DISTRICT,
A. Purpose and Intent
The CG, General Commercial District ip_ estab14:9hed-+-e- 1-eme:
tl�e---i•�i-an---i���e�--��z�rt•�--C��tg�;�.=,�;-i�--i��at�---pc�-�tc-i-e•s---�e�
eemx+eea�-Modes--a-lex3g--ate-tae-e�e•aos- intended to
provide areas for the development of general retail sales and
selected service activities at--a-blealong major
thoroughfares in the County consistent with the Comprehensive
Plan. The CG district may be considered consistent with the
following Comprehensive Plan Land Use Designations:
CODING: Words in type are deletions from existing
law; words underlined are additions.
ORDINANCE NO. 86 - 9
Tourist/Commercial Nodes, Roseland Hospital/Commercial Node,
Commercial Nodes, Commercial/ Industrial Nodes, U.S. 1 Commercial
Corridor and MXD areas. The CG district is not intended to
provide opportunity -,&f for heavy commercial activities, such as
commercial service uses (See Sec. 20.1B (5b), ei heavy repair
services (See Sec. 20.1B (5e), new -ear -sales nor industrial uses.
SECTION_4
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of
the legislature applying only to the unincorporated portion of
Indian River County and which conflict with the provisions of
this ordinance are hereby repealed to the extent of such
conflict.
SECTION 5
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 6
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative,part.
CODING: Words in struek-threugh type are deletions from existing
law; words underlined are additions.
BOOK 63 PAGE 360
SECTION 7
EFFECTIVE DATE
soon 63 PnE 361
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 22nd day of JanuarY986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: / G
Don C. Scurlock, Jr. hairman
PUBLIC HEARING - BRIGGS REQUEST TO REZONE 3.22 ACRES FROM C -1A,
RESTRICT COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT
The hour of 9:25 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
34
rte,
VERO BEACH PRESS -JOURNAL
Published Weeklyv-J,
Vero Beach, Indian River County, isi'ridv (-'o� 0
in� �2
COUNTY OF INDIAN RIVER: �$
STATE OF FLORIDA
Cr �1' / rL\►
Before the undersigned authority personally appeared J. J. nn, Jr. wh th
says that he is Business Manager of the Vero Beach Press -Journal, a we fished
at Vero
cBeach in Indian River County, Florida; that the attached copy o r `" being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of dzd2 • 97-6,
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
(SEAL)
A.D.
a
(Clerk of the Circuit Court, Indian River County, Florida)
NOTICE - PUBLIC MEARING
County — —
Notice of hearing to Consider the adoption of
a y ordinance rezoning land from: C -1A,
Residential Commercial District, to CG, General
Commercial District The subject property is pre-
sently owned by The Woodlands Commercial
Center, LTD., and Is located on the south side of
State Road 60, approxlmsh600 feet east of
Kings Highway (58th Avenue1%.R. 505A).
The subject properly Is described as:
SAID PARCEL BEING THE NORTH
632.00 FEET OF THE WEST 221.74 FEET
OF THE FOLLOWING:
PART OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF
SECTION 4, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, BEGINNING AT A
POINT ON THE NORTH UNE OF SAID
SOUTHWEST QUARTER OF SAID SEC-
TION 4 WHICH POINT IS 590.6 FEET
EAST OF THE NORTHWEST CORNER
OF SAID SOUTHWEST QUARTER OF
SAID SECTION 4; THENCE SOUTH PAR-
ALLEL WITH THE WEST LINE OF SAID
SECTION 4, '1311.0 FEET TO THE
NORTHERLY LINE OF THE RIGHT-OF-
WAY OF THE MAIN CANAL, THENCE
NORTHEASTERLY ALONG THE
NORTHERLY LINE OF SAID CANAL
RIGHT-OF-WAY TO A POINT 1331.2
FEET DUE EAST OF THE WEST LINE OF
SAID SECTION 4: THENCE NORTH PAR-
ALLEL WITH THE WEST UNE OF SAID
SECTION 4, 1041.9 FEET TO THE
NORTH LINE OF THE SAID SOUTH-
WEST QUARTER; . THENCE WEST
ALONG THE NORTH LINE OF SAID
741.0 FEET TO THE POINT -OF -BEGIN-
NTNG. EXCEPT,; HOWEVER, THE RIGHT-
OF-WAY FOR PUBLIC ROADS, DRAIN-
AGE . CANALS.. AND DITCHES AS
SHOWN ON THE PLAT OF SAID LANDS
BY THE PARTY OF THE FIRST PART..
LESS THE .WEST 9.4 FEET OF THE -
ABOVE DESCRIBED PROPERTY.'
THE ABOVE SITUATED IN PARTS OF
TRACT 12 AND 13, SECTION 4, TOWN-
SHIP 33 SOUTH; RANGE 39 EAST, AC-
CORDING TO PLAT BOOK 2, PAGE 25, '
ST. LUCIE COUNTY PUBLIC RECORDS,
INDIAN RIVER FARMS COMPANY SUB-
DIVISION.
SAID LANDS NOW SITUATED IN IN-
DIAN RIVER COUNTY, FLORIDA.
SAID PARCEL CONTAINS 3.22
ACRES, MORE OR LESS.
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-
missioners of Indian River County, Florida, in the
County Commissioh Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida on Wednesday,
January 22,1986, at 9:25 A.M.
Anyone who may wish to appeal any decision
Which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
Is made, which includes the testimony and evi-
dence upon which the appeal is based.
Indian River County
Board of County Commissioners
By: -s -Patrick B. Lyons, Chairman
Jan. 2,14,1986 f.
The Board reviewed the following memo dated 1/13/86:
TO: The Honorable Members DATE- December 13, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Ro ert M. Keating,jqICP
Planning & Development Director
THROUGH: Richard Shearer, AICP p�
Chief, Long -Range Planning 11��
BRIGGS REQUEST TO REZONE
3.22 ACRES FROM C-lA,
RESTRICTED COMMERCIAL
DISTRICT TO CG, GENERAL
COMMERCIAL DISTRICT
FROM Obert G. Melsom f-&-rA REFERENCES:
Briggs Rezone Memo
Staff Planner, Long -Range Planning ROB2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of January 22, 1986.
35 00
JAN 22 1986 BOOK UJ
JAN 22 1966 BOOK 63 PAUE • W
DESCRIPTION & CONDITIONS
Robert E. Briggs, an agent for Woodlands Commercial Center, the
owner, is requesting to rezone 3.22 acres located south of State
Road 60, east of Kings Highway, and north of the Main Relief
Canal from C-lA, Restricted Commercial District, to CG, General -
Commercial District. '
The owner intends to develop this property for a restaurant with
a drive-thru window which is permitted in the CG district.
On December 12, 1985, the Planning and Zoning Commission voted
3 -to -0 to recommend approval of this request.
Existing Land Use Pattern
Currently, the subject property represents four lots of a
commercial subdivision which has received preliminary plat
approval. East of the subject property is undeveloped land zoned
RS -6, Single -Family Residential District. South of the subject
property, across the Main Relief Canal, is undeveloped land zoned
A, Agricultural District. West of the subject property is a
single-family house and Tony's Oak Terrace Restaurant zoned C-1,
Commercial District. North of the subject property, across State
Road 60, are single-family residences zoned RS -6, Single -Family
Residential District.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land east, south, and west of it as being located within the
boundaries of the 160 acre S.R. 60 and Kings Highway to 43rd
Avenue Commercial Node as adopted by the Board of County
Commissioners. The land located north of the subject property is
designated as LD -2, Low -Density Residential 2 (up to 6
units/acre). The proposed CG, General Commercial, zoning is in
conformance with the commercial node land use designation as set
forth on the County's Land Use Plan. The staff is proposing that
the property west of the subject property be converted to CG,
General Commercial District by the County's nonresidential zoning
conversion ordinance. Therefore, this proposed rezoning is
consistent with the proposed CG zoning for the property to the
west.
Transportation System
The subject property has primary access to State Road 60 (clas-
sified as a arterial on the Thoroughfare Plan). The maximum
development of the subject property under CG zoning could attract
up to 3,363 average annual daily trips (AADT). The existing
traffic count for this section of State Road 60 is 12,900
vehicles per day. The requested rezoning will not decrease the
existing level -of -service "A" on State Road 60.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a floodprone area.
Utilities
County sewer and water will be available to the subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
36
� r �
Staff Planner Robert Melsom explained that the applicant
requested the change in zoning from C -1A to CG, General
Commercial, in order to build a restaurant with a drive-through
window.
. Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Wodtke, SECONDED by
'Commissioner Bowman, the Board unanimously adopted
Ordinance 86-10, rezoning 3.22 acres from C -1A
to CG as requested by Woodlands Commercial Center,
Inc.
37
BOOK 63 PAGE364
JAN 2 2 19860
JAN 2 2 1996
BOOK 63 pm; 365
ORDINANCE NO. 86-10
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance -with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizen were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
SAID PARCEL BEING THE NORTH 632.00 FEET OF THE WEST
221.74 FEET OF THE FOLLOWING:
PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, BEGIN-
NING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST
QUARTER OF SAID SECTION 4 WHICH POINT IS 590.6 FEET
EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER
OF SAID SECTION 4; THENCE SOUTH PARALLEL WITH THE WEST
LINE OF SAID SECTION 4, 1311.0 FEET TO THE NORTHERLY -
LINE OF THE RIGHT-OF-WAY OF THE MAIN CANAL, THENCE
NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID CANAL
RIGHT-OF-WAY TO A POINT 1331.2 FEET DUE EAST OF THE
WEST LINE OF SAID SECTION 4; THENCE NORTH PARALLEL WITH
THE WEST LINE OF SAID SECTION 4, 1041.9 FEET TO THE
NORTH LINE OF THE SAID SOUTHWEST QUARTER; THENCE WEST
ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF
SECTION 4, 741.0 FEET TO THE POINT -OF -BEGINNING,
EXCEPT, HOWEVER, THE RIGHT-OF-WAY FOR PUBLIC ROADS,
DRAINAGE CANALS, AND DITCHES AS SHOWN - ON THE PLAT OF
SAID LANDS BY THE PARTY OF THE FIRST PART. LESS THE
WEST 9.4 FEET OF THE ABOVE DESCRIBED PROPERTY.
THE ABOVE SITUATED IN PARTS OF TRACT 12 AND 13, SECTION
4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO PLAT
BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS,
INDIAN RIVER FARMS COMPANY SUBDIVISION.
ORDINANCE NO. 86-10
SAID LANDS NOW SITUATED IN INDIAN RIVER COUNTY, FLORIDA
SAID PARCEL CONTAINS 3.22 ACRES, MORE OR LESS.
Be changed from C-lA, Restricted Commercial
District to CG, General Commercial District.
All with the meaning and intent and as set forth
and described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 22nd day of January, 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By / C Z�
DON C..'SC RLOCK, JR
Chairman
PUBLIC HEARING - BROXTON REQUEST TO REZONE .36 ACRES FROM RM -10,
MULTIPLE -FAMILY RESIDENTIAL, TO CG, GENERAL COMMERCIAL
The hour of 9:25 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
39
JAN 2 1981
BOOK 63 mr,,C 66
JAN 2 2.1986 BOOK 63 Pt ,1JE.367 -
VERO BEACH PRESS-JOURNAL
Published Weekly���'T
Vero Beach, Indian River County, Florida to aFa `%�Go,,:'�,�j
CS
NOTICE-PUBLIC HEARING
Notice of hearing to consider the adoption of
COUNTY OF INDIAN RIVER: :� f County ordinance rezoning land from: RM-10,
Multiple-Fami D
STATE OF FLORIDA �" Ci, Co Family Residential Istria, to CG, Gen_.
�7 oral mmercial District The sub act property is
Before the undersigned authority personal) aJr.
G G presently owned by James C. an� Vinie P. Brox-
y appeared J. J. Schumann, J r. who at ton and Is located east of 38th Avenue and north
says that he is Business Manager of the Vero Beach Press-Journal, a weekly newspaper published of 44th StreaL
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being The subject pro is described ae >,, '
THE SOUTH 130 EET OF THE NORTH
170 FEET OF
THE NE% OF TFEET OFTHHE NE S'A OF THE NWIA -
a j%1� OF SECTION 27, TOWNSHIP 32 SOUTH,
RANGE 38 EAST, INDIAN RIVER COON-- ,
TY, FLORIDA, LESS THE WEST 50 FEET, ..".
THEREOF FOR ROAD RIGHT-OF-WAY.
in the matter of� AS RECORDED IN OFFICIAL RECORD
BOOK 288, PAGE 108 P
RECORDS OF INDIAN RIVER CO jNTY - -
FLORIDA.—,
_:
A public hearing 'at which parties in interest
heard wip"be h shau by the BBooarrdpof County to
Com-
in the Court, was pub- missioners of Indian River County Florida, in the
CounAdministration Buildinghambers of the , located at 1840 25th
fished in said newspaper in the issues of - /�-
��Street. Vero Beach, Florida on Wednesday,
v January 22,1888mmaaayyt 9:25 A.M.
which
Anyone
be made at this appeal
wildecision
l need to
ensure that a verbatim record of the proceedings
W made, which Includes the testimony and evi-
dence upon which the appeal Is basad.
Affiant further says that the said Vero Beach Press-Journal is a newspaper published at Indian River County
Vero Beach, in said Indian River County, and that the said newspaper has heretofore Board of County Commissioners
BY-s-Patrick B. Lyons, Chairman .
been continuously published in said Indian River County, Florida, weekly and has been entered-Jan.2,14, 1986
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 beAmh day of ' A.D.
f 1� r(Business�NJa�ager)
(SEAL) (Clerk of the Circuit Court, Indian River County, Fiori
The Board reviewed the following memo dated 1/10/86:
6"
TO: The Honorable Members DATE: January 10, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: BROXTON REQUEST TO REZONE
overt M. Keati A .36 ACRES FROM RM -10,
Planning & Developm t Director MULTIPLE -FAMILY RESIDENT-
IAL DISTRICT, TO CG,
GENERAL COMMERCIAL DIS-
TRICT
FROM: Kc REFERENCES:
Richard Shearer, AICP Broxton Memo
Chief, Lona -Rance 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 January 22, 1986.
40
DESCRIPTION & CONDITIONS
Mr. and Mrs. James C. Broxton, Sr., the owners, are requesting to
rezone .36 acres located on the east side of 38th Avenue and
north of 44th Street from RM -10, Multiple -Family Residential
District (up to 10 units/acre), to CG, General Commercial Dis-
trict.
The. owners are proposing to develop the subject property for a
funeral chapel. Currently, funeral homes are only allowed in the
CG district. However, on January 9, 1986, the Planning and
Zoning Commission voted 4 -to -0 to recommend approval of a zoning
ordinance amendment which would provide a definition of funeral
chapels and establish them as a permitted use in both the CL,
Limited Commercial, and CG districts.
On December 12, 1985, the Planning and Zoning Commission voted
3 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
Currently, the subject property is undeveloped. West of the
subject property is Carver Colony Unit No. 1, a subdivision
containing single-family residences and a coin operated laundry
zoned RM -10. North of the subject property is undeveloped land
and a single-family dwelling zoned RM -10. South of the subject
property, are the Stew Que restaurant, the Greenleaf Bar, and
undeveloped land zoned RM -10. Further south are buildings
containing a citrus business office and citrus worker housing.
East of the subject property is a single-family residence and
undeveloped land zoned RM -10. Southeast and adjacent to the
subject property are two single-family residences zoned RM -10.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all of
the land around it as part of the Gifford MXD, Mixed -Use District
(up to 14 units/acre). The Comprehensive Plan states that within
MXD areas:
"The County shall encourage, where appropriate,
redevelopment in accordance with the dominant land uses and
the health, safety and welfare of area residents."
The Comprehensive Plan also states that the predominant land use
in the Gifford area is residential, although it also recognizes
that there are significant portions of land that are used for
commercial and industrial activities located within and adjacent
to residential areas. The staff feels that the predominant land
use around the subject property is single-family residential
although there are a few commercial uses in the area. However,
another consideration is the fact that the CG district, currently
required for a funeral chapel, is a general commercial zoning
district which allows a wide range of commercial activities
including many uses which would not be appropriate for property
adjacent to a single-family subdivision. In addition, because of
the size of the subject property, staff feels that rezoning the
subject property to CG would constitute spot zoning.
40a
L_ JAN 2 2 198;
BOOK 63 PAGE 36.8
r JAN 22 19$6
.
Transportation System
Booty 63 mr,C 369 7
The subject property has direct access to 38th Avenue (classified
as a local street on the Thoroughfare Plan). The maximum devel-
opment of the subject property under CG zoning could attract up
to 339 average annual daily trips (AADT). Under the current
RM -10 zoning, the maximum development of the subject property -
could generate up to 21 AADT.
Environment
The subject property is not designated as environmentally sensi-
tive or is it in a flood -prone area.
Utilities
County water is available for the subject property. County
wastewater facilities will be available within three years.
RECOMMENDATION
The Planning and Zoning Commission recommended approval of this
request because they felt it would be consistent with the
existing commercial uses in the area. The planning staff
recommended 'against the proposed CG zoning because it would
constitute spot zoning by rezoning a small parcel of land to a
general commercial zoning category which would convey special
privileges to one individual. However, if the zoning ordinance
is amended to allow funeral chapels in the CL district, staff
feels that it would be reasonable to rezone the property to CL
provided that other land adjacent to the subject property which
contains existing commercial uses also be rezoned to CL to avoid
spot zoning.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
Commissioner Wodtke asked the Broxtons how they felt about
having this zoned CL, Light Commercial, rather than General
Commercial, and they indicated that it was fine with them as long
as they could build their funeral chapel.
Planner Shearer noted that CL zoning is more restrictive
than CG, and Attorney Vitunac advised that the Board has the
ability to go to a lesser zoning than requested without
readvertising.
41
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 86-11, rezoning .36 acres from RM -10,
Multiple -Family Residential, to CL, Limited Commercial
District.
ORDINANCE NO. 86-11
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
loeal planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizen were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit: -
THE SOUTH 130 FEET OF THE NORTH 485 FEET OF THE WEST
170 FEET OF THE NE} OF THE NE I OF THE NWj OF SECTION
27, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA, LESS THE WEST 50 FEET THEREOF FOR
ROAD RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK
268, PAGE 106, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
Be changed from RM -10, Multiple -Family Residential District,
to CL, Limited Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board_pf County Commissioners of
Indian River County, Florida on this 22nd day of January, 1986.
r
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By _ -;).. c iii_ _
DON C. SCURLOCK, JR
Chairman
42
JAN 2 2 1986 BOOK
�� Pr1GL. -70
JAN 22 1966 BOOK 6 3 71 7
PRESENTATION OF DEPT. OF TRANSPORTATION PRELIMINARY 5 -YEAR WORK
PROGRAM
The Board reviewed the following letter dated 1/3/86:
Florida
BOB GRAHAM
GOVERNOR
Department of Transportation
780 S. W. 24 Street
Fort Lauderdale, Florida 33315
Telephone: (305) 524-8621
PAUL PAPPAS
SECRETARY
January 3, 1986
Honorable Don C. Scurlock, Jr., Chairman
Indian River County Board of Commissioners
County Administration Building
1840 - 25 Street
Vero Beach, Florida 32960
This letter is to acknowledge and confirm that the Florida
Department of Transportation will present their preliminary five
year (1986-1991) work program to your county commission on
January 22, 1986 at approximately 10:00 a.m.
Sincerely,
Donald E. Henderson, P. E.
District Planning Engineer
Public Works Director Jim Davis introduced William Fowler
Chuck Barrett and and Don Henderson of the DOT.
Mr. Fowler explained that the DOT 5 -year work program is
strictly speculative as they are awaiting news on the State's
budget cutbacks. They are here today to highlight the program
and ask for comments from the Commissioners.
Mr. Fowler reported that due to lower revenues than
expected, the DOT is still working on projects that were
underfunded in the past. Until those projects are completed,
43
they did not feel that anything new will be introduced into the
program. He wished they had a better projection to bring to
this county.
Chairman Scurlock questioned our potential to pass an
additional local gas tax for a specific project, and Mr. Fowler
confirmed that is possible and felt the whole trend is"going in
that direction.
Commissioner Bird brought up the mutual concerns about major
thoroughfares coming into the county, and Director Davis reported
that there have been mowing contracts let for most of 1-95, which
has freed up the county's three tractors that were used to mow
that stretch so we should be able to mow the other major roads
coming into the city about 6-8 times a year.
Chairman Scurlock asked the status of the Merrill -Barber
Bridge and the Twin Pair projects as many people have been asking
why we were doing bridge maintenance when we may need to go to
four lanes there.
Mr. Fowler explained that the bridge must have repairs until
the time comes when they either replace it or add two lanes;
unfortunately, that might not be for another five years.
Discussion ensued regarding the traffic impact study results
showing the county's acute need for two additional bridge lanes,
either at the Barber Bridge or further north, and Mr. Fowler
explained that the State has some flexibility to work with the
County on a plan for bridge improvements.
Commissioner Wodtke pointed out that the Sebastian State
Park at the Inlet is the most visited park in the state and
people travel the Wabasso Bridge.
Commissioner Lyons emphasized the growing problem with U.S.
#1 with respect to keeping the traffi:c at Level C, and Mr. Fowler
expected the results of a consultant's study in 18 months or so
that will provide ball park figures on what it will cost for each
county's stretch of the U.S. #1 corridor.
44
L_ JAN 2 2 1986. Bou 63 Pn-L 3 72
JAN 2 2 1966 BOOK 63 F,,r-373
Commissioner Bird raised the matter of the ditch that cuts
through Rockridge Subdivision. Apparently it creates silt at the
delta to the river and people in that subdivision cannot get
their boats out. He wondered if the DOT could assume some of the"
responsibility for dredging the delta, and Mr. Fowler said that
they would look into this with Director Davis.
Commissioner Bird asked if there were any plans in the .
future to improve the SR -60 corridor from 1-95 to the west coast,
and Mr. Fowler advised that they would look at that if the Board
considers it a need. He noted that it is possible to make that a
toll road.
Administrator Wright asked when the toll is expected to be
taken off the Turnpike, and Mr. Henderson believed it would be
sometime in 2010.
Further discussion led to the plans for a high-speed rail
system coming up the coast, and Mr. Fowler suggested that the
county participate in those plans as the DOT would not be allowed
to make the final decision. Chairman Scurlock stated that he and
Commissioner Wodtke planned to attend tomorrow's meeting in Palm
Beach, and Mr. Fowler suggested that the Commissioners get a copy
of the proposal.
Mr. Fowler advised that within two weeks they would be
sending a tentative 5 -year work program to the Commissioners for
their comments.
Chairman Scurlock thanked the gentlemen for coming today.
Commissioner Wodtke temporarily left the meeting at 10:50
o'clock A.M.
45
e
PUBLIC HEARING - AMENDING THE DEFINITIONS OF FAMILY AND GROUP
HOME IN THE LANGUAGE AND DEFINITIONS SECTION OF THE ZONING CODE
The hour of 10:30 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
]a
�.•4 ? 1w
LO .
'+ cy NOTICE OF PUBLIC HEARING I
�3rnQA P � TO CONSIDER
COUNTY OF INDIAN RIVER: O �.� r ICE�HERE9rCOUNN that the Indian
STATE OF FLORIDA
i County Board of County Commissioners,
i. I hold a public hearing at which parties In in -
Before the undersigned authority personally appeared J. J. Schumann, n rest and citizens shall have an opportunity to
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newsp �" d. be heard on. Wednesday, January 22, 1986, In
at Vero Beach in Indian River County, Florida; that the attached copy of advertisemen ' g eCounty nnussionC amtl located intunty aorg the
StreaL Vero Beach, of Florida,
at 10:30 am. or
a as soon thereafter as may be heard to consider
-- the adoption of an ordinance entitled;
AN ORDINANCE OF THE BOARD OF
-COUNTY COMMISSIONERS OF INDIAN.
RIVER COUNTY, FLORIDA, AMENDING
SECTION 2.0, LANGUAGE AND DEFINI-
TIONS, AND SECTION 25.1, REGULA-
TIONS FOR SPECIFIC LAND USES, OF
APPENDIX A OF THE CODE OF LAWS
AND ORDINANCES KNOWN AS THE
ZONING CODE; PROVIDING FOR
AMENDING THE DEFINITIONS. OF
"FAMILY" AND "GROUP HOME': CODI-
FICATION; SEVERABILITY; REPEAL OF
CONFLICTING PROVISIONS; AND EF-
FECTIVE DATE.
whichAnyonewhomay wish toe a decision
may be made at this meeting will need to
ensure that a verbatim record of the proceedings
Is made, which includes testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commoners
By:-s-PatrIck B. Lyons, Chairman
Jan. 2,14, 19S6
in the ---� �� Court, was pub -
fished in said newspaper in the issues oo�_�.
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 fore a thisF11 day of A.D. c�Gc
fI , (Business M nager) f!
(SEAL) (Clerk of the Circuit Court, Indian River County, Flori
A Motion by Commissioner Lyons to table this item failed for
lack of a Second.
Staff Planner Jeff Goulet presented staff's recommendation
dated 1/14/86:
JAN 2 2 1986 46 BOOK 63 PnE374
JAN 2 2 1996 BOOK 63 FACE '3 5 -7
TO: The Honorable Members DATE: January 14, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. KeAliing6AICP
Planning & Development Director
Q7 THROUGH: Richard Shearer, AICP
Chief, Long -Range Planning
AMENDING THE DEFINITIONS
OF FAMILY AND GROUP HOME
IN THE LANGUAGE AND
DEFINITIONS SECTION OF
THE ZONING CODE
FROM: REFERENCES:
Jeffrey A. Goulet � Family & Group Memo
Staff Planner, Long -Range Planning JEFF
It is requested that the data herein presented be given formhl
consideration by the Board of County Commissioners at their
regular meeting of January 22, 1986.
DESCRIPTION & CONDITIONS
In November, 1985, the Planning and Zoning Commission directed
the staff to analyze the County's current definition of family as
it appears in the Zoning Code. This directive was the result of
discussion on granting an administrative permit for a group home
applied for by Mr. Frank Zorc for a group of Paulist Fathers. It
was determined by the staff and the county attorney's office
that, based on the current definitions of family and group homes
in the Zoning Code, the group of priests would not be eligible
for a group home but would be considered a family; thus Mr. Zorc
did not need a permit for a group home.
On January 9, 1986, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of the proposed amendments to the
definitions of family and group homes with the following
conditions:
1) That a public hearing shall be required for all group
home applications, and surrounding property owners shall be
notified.
2) That any group home permit shall be nontransferable. The
facility must be reevaluated for an administrative permit or
special exception approval with any change in resident type or
capacity increase which would raise the level of the group home.
ALTERNATIVES & ANALYSIS
The current definition of family, as it appears in the Zoning
Code, is as follows:
Family. Any number of individuals living together as a
single housekeeping unit, including the use of common
kitchen facilities within the dwelling. The number of
persons per room and the characteristics of the dwelling
unit must comply with Section 305, "Minimum Dwelling Space
Requirements" of the Southern Standard Housing Code.
Staff conducted a survey of how other cities and counties define
family and found that most jurisdictions place a maximum on the
number of unrelated individuals that can live together and still
be considered a family. The maximum number of unrelated persons
who could live together as a family unit ranged from four (4) to
six ( 6 ) persons.
LIb'1
M M
Indian River County's "old" definition of family limited the
number of unrelated individuals living together as a family to
four (4) .
In addition, if the definition of family is amended to limit the
number of unrelated persons living together as a family, the
County's definition for group homes also needs to be amended to
provide for groups of unrelated people (such as the priests)
which number greater than four (4) and for those groups. which
do not necessarily need to be licensed by the State.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends that the attached
ordinance amending the definitions of family and group home be
approved by the Board of County Commissioners.
A.M.
Commissioner Wodtke reentered the meeting at 10;57 o'clock
Chairman Scurlock felt this issue is not the number of
people, it is the use of the property adjacent to single-family
and multiple -family property. He stressed that social service
organizations are pushing to get the disabled back into the
community via group homes.
Assistant County Attorney Bruce Barkett advised that there
are two issues before the Commission today and they are only
related because of the way the ordinance is written. The first
issue is whether or not to limit the number of unrelated persons
living together in an organized or structured fashion -- that is
the definition of family. He felt the Commission should treat
that separately from how they treat group homes, or the use that
the home is put to. Attorney Barkett advised that the U.S.
Supreme Court has spoken to both these issues. In a 1974 case
they upheld a city ordinance which limited the number of
unrelated persons living together to two (2), saying that the
local governing authority has a right to do that based upon the
desire to create an appropriate atmosphere for family conditions.
This year the U.S. Supreme Court has:spoken to put the cities on
notice that cities need a clear, rational reason if they want to
treat group homes for the developmentally disabled differently
than any other residential use. The court is saying that if you
intend to discriminate against persons or organizations desiring
48 y 1
goOK 63 3 d
JAN 2 2 1986
Boas 63 F,;r1377
to establish group homes within residential structures, you have
to have a clear, known quantifiable harm that you are trying to
prevent. Attorney Barkett felt that the proposed ordinance as
presented satisfies the requirements of the recent Supreme Court
ruling.
Chairman Scurlock asked how this would affect a married
couple who take in 4-5 foster children at a time on a temporary
basis, and Mr. Shearer advised that foster homes are defined
specifically in the ordinance and are listed as a permitted use
in single-family zoning districts. However, the ordinance does
not stipulate how many foster children are allowed at one time.
Attorney Barkett explained that foster homes are regulated
by the State and need a HRS permit, which would limit the number
of children in a particular home.
Commissioner Lyons believed the proposed ordinance needed
more preparation because under it 14 people could live in a
single-family home with only 1500 square feet. The minimum
dwelling space requirements are only 100 square feet per person.
Director Keating explained that there are situations where 5
or 8 unrelated persons could five together as a single house-
keeping unit in a single-family zoning district; however, these
situations would need to obtain an administrative permitted use,
which is one step below the special exception use where they have
to get permission from the P&Z Commission. What staff is recom-
mending is that we add wording and make a few minor changes which
would require public notices and notification to adjacent
residents so that they would be aware of the proposed use.
Attorney Barkett advised that the administrative permits
allow consideration of the specific use and whether it is going
to be compatible with the neighborhood or cause a known, definite
danger.
Director Keating stated that there is specific criteria in
the ordinance to try to preserve the character of the residential
neighborhood. A 1200 ft. separation is required between these
49
types of homes so that there won't be a proliferation of homes in
one area.
Chairman Scurlock asked how rectories and convents were
treated, and Director Keating explained that they are considered
a normal, customary use by a church, but pointed out that
churches require a special exception use.
Commissioner Lyons raised the question of two neighboring
homes where one family has 12 natural children and fight all the
time and the other is an unmarried couple with three children a
piece from former marriages who get along just fine. How are we
going to tell them that one is acceptable and one is not.
Commissioner Wodtke explained that this ordinance goes back
to the language we had before it was changed in May, 1985, which
allowed only 4 unrelated people.
Chairman Scurlock raised the question of five young men or
women who go together to rent a large house and how we would
justify not allowing 5 unrelated persons when 4 is acceptable.
Commissioner Wodtke understood in that case they would have
to come in and get an administrative approval which gives us the
opportunity to review the situation.
Commissioner Bird felt that while it was almost impossible
to get an ordinance that addresses every situation, the majority
of homeowners in this county want some kind of restrictions or
protection with respect to having certain activities in their
neighborhoods.
Attorney Vitunac advised that the Code Enforcement Board
would enforce this ordinance, but Commissioner Lyons felt the
only thing we can enforce is the number of square feet required
for each person living in the house. He wondered why we are
considering this ordinance if there is no way to enforce it.
Director Keating agreed that the ordinance would be hard to
enforce, but at least it would provide a mechanism for resolving
complaints when it can be determined that the situation exists.
50
JAN 2 2 1986
BOOK 63 ,r,r 3
r JAN 2 2 1986
BOOK 63 F"w,c 79
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Carolyn Eggert, Chairman of the Planning & Zoning
Commission, felt their concern is that there seems to be a
I
perception within the county that group homes are furtively being
placed into neighborhoods. She believed it is always going to be
a sensitive issue. The P & Z Commission is recommending that
public hearings .be held to consider group home situations and
also, if there is to be a change in use or the use is to be
transferred, that they come back for consideration in a public
hearing where the adjacent property owners have been given proper
notification.
Mr. Shearer confirmed that these recommendations have been
included in staff's recommendation today.
Thomas Palmer, Attorney representing Frank Zorc, reviewed
the background of this issue. He asked how the house had changed
and whether the noise generated by eight priests would be greater
than when several of Mr. Zorc's teenage children had lived there.
The only positive statement he has heard today is that three
cities have defined a family and group home; however, the City of
Vero Beach has not done this. He argued that group homes should
be allowed where single family residences are allowed if they
comply with the minimum square footing required for each person.
He felt that is the way to attack the problem, through density
and the number of vehicles, because it is much easier to count
heads than prove blood relations or adoptions. He personally
felt that 100 square feet for each person was too low. Further,
he did not feel the P & Z Commission's recommendation was valid
due to the limited consideration the issue received. He urged
the Board not to pass the proposed ordinance today because he
felt that it would create even more problems than it would solve.
Administrator Wright felt the whole point of the definition
is to give the Board the opportunity to look at it, but Chairman
51
r �
r
Scurlock felt that would amount to selective enforcement and
might not be constitutional.
Director Keating explained that uses would be considered by
the P 8 Z, but anyone could appeal to this Board.
Commissioner Wodtke had a problem with 15 people getting
together and calling themselves a family. He felt we must get
some kind of a handle on it and that we should return to the
former language which allowed 4 unrelated persons.
Chairman Scurlock wondered how much of a problem this has
been, and Commissioner Wodtke explained that it had not been a
problem before the language was changed in May, 1985. Under our
current definition of "family", as many as 15 unrelated persons
would be allowed. He felt that by going back to the former
language we would have the opportunity to consider individual
cases.
Attorney Palmer believed that while this ordinance would not
be in violation of federal law, it might be in violation of
future state laws. He again recommended that the County control
this problem through minimum square footage requirements and the
number of vehicles allowed.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously closed
the Public Hearing.
Chairman Scurlock asked Mrs. Eggert if she felt that all of
the. items discussed today were considered at the P & Z meeting,
and she explained that one of the reasons that she asked for a
motion to table the matter at that meeting was that there was
some doubt that they could get a defi:nition of "family" settled,
but they were able to.
Director Keating confirmed that staff's recommendation
includes the two changes made by the P & Z Commission regarding
non -transferability and notice of a public hearing.
52
JAN 2 2 1996 Bou 63 F UE380
JAN 22 1986
BOOK 6 P,�GE -3,81
Commissioner Lyons intended to vote against the ordinance
because he felt we should regulate it strictly on the number of
square feet required for each person and not get ourselves
involved in who is related to whom, etc.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board on a 4-1 vote,
Commissioner Lyons dissenting, adopted Ordinance 86-12,
amending the language and definitions in Appendix A of
the Zoning Code providing for amending the definitions
of "family" and "group home", including the
recommendations of staff and the P 6 Z Commission.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously directed
staff to look at using minimum square footage
requirements and bring it back to the Board.
53
ORDINANCE NO. 86 - 12
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY,.FLORIDA, AMENDING SECTION 2.a, LANGUAGE AND
DEFINITIONS, AND SECTION 25.1, REGULATIONS FOR SPECIFIC LAND
USES, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES
KNOWN AS THE ZONING CODE; PROVIDING FOR AMENDING THE
DEFINITIONS OF "FAMILY" AND "GROUP HOME"; CODIFICATION;
SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND
EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida that: -
C1: rTTnW 1
Section 2.0, entitled "Language and Definitions," of
Appendix A of the Code of Laws and Ordinances known as the Zoning
Code, is hereby amended to read as follows:
Sec. 2.0 Language and definitions.
Family. Any number of individuals, related by blood,
marriage, or adoption, or up to four individuals not so related,
living together as a single house -keeping unit,ae��te�fag-tke-tree-ef
and utilizing common kitchen facilities within the dwelling. The
number of persons per room and the characteristics of the
dwelling unit must comply with Section 305 "Minimum Dwelling
Space Requirements," of the Southern Standard Housing Code.
Group homes.
Be*�e�-�--A-s�a�e-�ieeased-�ae���tp-wh�eh-g�e��dee-a-fam��p
���*fag-ea*a��ea�teat-�ae�tte��ag-st�ge��*�s�ea-ane-ease-aeeesea�p
te-x�eet-phps�ea�;-ex�etfeaa�;-a�e�-seefa�-�ffe-seeds-ef
e�ieats---�Pke-f ae��ftp-map-apse-g�e��e�e-ee�tteat�ea-aad
t�ainfag-few-�esfdet�t-e�feats---�e�e�-�-e��et�p-heroes-sha��
ha*ae-a-:na��mttxq-eapae�tp-e�-ae-mese-that-eight- f 8}-�e9�dea�s .
Level I, II, III and residential centers. State-Aieensed
faeflftfes Facilities which provide a family living
environment including supervision and care necessary to meet
physical, emotional, and social life needs of clients. The
facilities may also provide education and training for
resident clients. Group homes may also include households
which include a number of unrelated individuals which do not
exceed the resident capacities of the group homes.
Group homes shall be distinguished by their resident
capacity as follows:
Level I group home, up to eight (8) residents;
Level II group home, up to twelve (12) residents;
Level III group home, up to twenty (20) residents;
Residential centers, twenty-one (21) or more residents.
Those group homes whose residents are service -de endent
persons requiring special protection or custodial care in order
to meet their emotional and/or physical needs must meet all
licensing requirements from the Department of Health and
Rehabilitative Services of the State -of Florida.
CODING: Words in struek-tlreugk type are deletions from existing
law; words underlined are additions.
54
JAN 2 2 1986 Boa 63
SECTION 2
ORDINANCE NO. 86 - 12
BOOK 63 F,�U,-C3S3
Section 25.1, entitled "Regulations for Specific Land Uses,"--
, --
of Appendix A of the Code of Laws and Ordinances known as the
Zoning Code, is hereby amended to read as follows:
25.1F INSTITUTIONAL USES
2. Group Homes: Level I, II, III and Residential Centers.
(Administrative Permit and Special Exception)
d. Criteria for Group Homes: Level I, II, III and
Residential Centers.
i. Level I, II, and III group homes and residential
centers shall be defined as facilities lieemsed-by
HRS which provide a family living environment
including supervision and care necessary to meet
physical, emotional, and social life needs of
clients. The facility facilities may also provide
education and training for resident clients.
Group homes may also include households which
include a number of unrelated individuals which do
not exceed the resident capacities of the group
homes. Group homes shall be distinguished by
their resident capacity as follows:
-Level I group home, up to eight (8) residents;
-Level II group home, up to twelve (12) residents;
-Level III group home, up to twenty (20)
residents; and
-Residential centers, twenty-one (21) or more
residents;
Those group homes whose
rsons requiring s ecialrote
meet their emotional and/oz
censin requirements from
habilitative Services of the S
residents are
ction or custodi
rphysical need
the Department
tate of Florida.
service -dependent
al care in order
s must meet all
of Health and
rmit is nontransferable.
I f the
ty must
t or
ix. Any group home application is subject to the
publication and notification processes as defined
in Section 27, entitled "Administrative
Procedures" in Appendix A of the Code of Laws and
Ordinances, known as the Zoning Code, rior to the
Planning and Zoning Commission's ublic hearing.
CODING: Words in stEuek-tkreugh type are deletions from existing
law; words underlined are additions.
55
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 4
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 5
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of
the legislature applying only to the unincorporated portion of
Indian River County and which conflict with the provisions of
this ordinance are hereby repealed to the extent of such
conflict.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of Official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 22nd day of January 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Don C. Scurlock, Jr.
56 Chairman'
FF__
JAN 22 1966 BOOK 63 F�UUL3,S5
RIGHT-OF-WAY ABANDONMENT PETITION SUBMITTED BY THE CITY OF
VERO BEACH
The hour of of 11:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS-JOURN�
Published Weekly � J,�
ra, Age" v79,Q6
Vero Beach, Indian River Court FIo�nSJ Ljy�
M1
G;'-/
COUNTY OF INDIAN RIVER: .PB"4,!Anj ,�cL
STATE OF FLORIDA
SJ •P/ �b
that Before the -undersigned authority personally of the Vero Beach F apIr peared J. 1! J}?� �on oath
he is ished
at �V.e//.rorroBeach Business
a Manager
County, Florida; that the attached copy of advertisement,
being
a
in the matter of _ 7�T
t
In the Court, was pub-
lished in said newspaper in the issues of •'
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 conrinuously 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 6irst publication of the attached copy of adver-
tiserr:enh and kffiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the urpose of securing this adver-
tisement for publication in the said newspaper. /
Sworn to and subscribed ore a this day of 4/JL(Llt A D /9�6
(Business Manager)
ti
NOTICE - PIIBLtC NEARING
NOTICE OF HEARING TO CONSIDER A PET}
FOR
AND VACATION OF TNATPOATIA OFA4
STREET LYING AppROxnNATELV 950 T.
FEET
APp -,
1xlx 12NA-TEir SZB = SAID RroM-0�F-
WAYBEING MORE PARTICULARLY, DE-
SCRIBED AS FOLLOWS: _.
Situated in the State W Florida. County
at hndian River and being more pan60u-
tarty pounded aria destxfbea as fonowa
. ..
-An that portion of a road rigMoLway
known as 14th Street (desigmeled end
0eaneated as 13th Street On the Ptd of .
Wright Place Subdivision as recorded in
_ Plat Book S. Page S of theOnqthtlW
Records of SL a
Lucie Cmafyh
) MnQ be
+-•.•breen Ore eanifnerT exteneJon or the
;wast mre at ae10 Wright Place Subdhl- .-.
slorn and the southerly emenalon of the
Con.of eaitl WfIgM PoaCB Sdbdl.l'
cion. Tilgether wrlth that part of 14th
street Ting south of the west tar of
Tract 3 Setdial 11, TowrofnW 33, flange
39.
A public hearing at which parties In Interest and
citizens span have an opportunity to be leutl. 1
wn1 be held by the Board of County Commlesion-.I
era of Indian River County. Florida. In the Coo►
mission
ngChoca eB of at theCounty
my Administration
Beach, Florida on Wetlnesday. Jeanary 22.11189.
at 11:110 a:m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a wabatim record of the proceedings
is made which matuaas the testimony erntl avF
dance upon+which tine appeal wnn Oe based.
Indian River County
Boats or Courib Canmisaionm
By -s -Patrick B. Lyons, Chairmen
Jan. 3. it 1898
The Board reviewed the following memo dated 1/6/86:
TO: The Honorable Members DATE:
of the Board of County
Commissioners
January 6, 1986 FILE:
DIVISION HEAD CONCURRENCE:
OBJECT: RIGHT-OF-WAY ABANDONMENT
Robert M. Keats g, P PETITION SUBMITTED BY
Planning & Development Director THE CITY OF VERO BEACH
THROUGH: Mike Miller MrM
Chief, Current Development
FROM: Karen M. Craveriz REFERENCES:
Staff Planner
It is requested that the data herein presented be given formal con-
sideration by the Board of County Commissioners at their regular meeting
of January 22, 1986.
57
DESCRIPTIONS AND CONDITIONS:
The City of Vero Beach has submitted a right-of-way abandonment petition
requesting that the County abandon a 528 foot section of 14th Street
which lies 950 east of 27th Avenue. The City owns property to the north
and south of the right-of-way, the property to the north being within the
City limits, and plans to develop approximately 10.7 acres into a
recreational park (see Attachment #2).
The petition was reviewed by all County divisions and utility providers
having jurisdiction within the right-of-way, as per guidelines
established by the Board of County Commissioners for processing
right-of-way abandonment applications. All reviewing agencies, which
included the Public Works Division, the Utilities Division, Florida Power
and Light and Southern Bell recommended approval of the petition for
abandonment.
ANALYSIS
The 30 foot wide unimproved right-of-way is not part of the roadway
system as designated by the County Thoroughfare Plan and its need as such
is not anticipated. It is the opinion of the petitioners that the
right-of-way hinders the reasonable development of the 10.7 acre parcel
andjtherefore, its abandonment is being requested.
RECOMMENDATION
Staff recommends the County abandon its rights to the 30 foot wide 14th
Street right-of-way and authorize the Chairman of the County Commission
to execute the attached Resolution (Attachment #3).
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Wodtke, that the Board adopt Resolution
86-03, providing for the closing, abandonment, and
vacation of that portion of 14th Street lying
approximately 950 feet east of 27th Avenue and
extending east for approximately 528 feet.
r
Under discussion, Commissioner Wodtke understood that by
doing this our title automatically transfers to the City of Vero
Beach and he wanted to be sure that this property will be used as
a park forever.
58
JAN 2 2 1986
BOOK 6 3 Frcr .386
Boor; 63 rA,U!3S.7
Vero Beach City Engineer Cliff Suthard believed it would
because it is all designated as park area. The right-of-way was
not fee simple; it was platted right-of-way by Wrights Place
Subdivision.
Commissioner Bird hoped that the spirit in which the County
is willingly doing this will be reflected in the City's attitude
in our negotiations with them for some property on the beach.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
59
RESOLUTION No. 86- 3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, AND
VACATION OF THAT PORTION OF 14th STREET LYING APPROXIMATELY 950
FEET EAST OF 27TH AVENUE AND EXTENDING EAST FOR APPROXIMATELY 528
_FEET.
WHEREAS,, on December 17, 1985, the County received a duly
executed and documented petition from the City of Vero Beach, 1053
20th Place, Vero Beach, Florida, requesting the County to close,
vacate, abandon, and disclaim any right, title, and interest of
the County and the public in and to 14th Street lying approxi-
mately. 950 feet east of 27th Avenue and extending east for
appoximately 528 feet. 14
WHEREAS, in accordance with Florida Statutes §336.10, notice
of a public hearing to consider said petition has been duly
published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said right-
of-way is not a state or federal highway, nor located within any
municipality, nor is said right-of-way necessary for continuity
of the County's street and thoroughfare network, nor access to
any given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County and the
public in and to that certain right-of-way being more
particularly described as:
Situated in the State of Florida, County of Indian
River and being more particularly bounded and described
as follows:
All that portion of a road right-of-way known as
14th Street (designated and delineated as 13th Street
on the plat of Wright Place Subdivision as recorded in
Plat Book 5, Page 6 on the Official Records of St.
Lucie County) lying between the southerly extension of
the west line of said Wright Place Subdivision and the
southerly extension of•the east line of said Wright
Place Subdivision. Together with that part of 14th
Street lying south of the West 200' of Tract 3 Section
11, Township 33, Range 39.
is hereby forever closed, abandoned, vacated,• surrendered,
discontinued, remised, and released.
2. Notice of the adoption of this resolution shall be
forthwith published once within thirty (30) days from the date of
adoption hereof; and
-.3. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statutes §336.10 in the Official Record Books of Indian River
County with6ut undue delay.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was
"seconded y Commissioner, Wodtke , and upon being
put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
JAIN 2 2.1986 *BOOK 63 FAGS -88
JAN 2 2 1986 BOOK .63 Pk -GF
RESOLUTION No. 86- 3
The Chairman thereupon declared the resolution duly passed
and adopted this 22nd day of January , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: C
DON C. SCURLOCK, JR., C airman
4
Attest:ju
FREDA WRIGHT, /�
STATE OF FLORIDA OALI -
COUNTY OF INDIAN RIVER aea
PUBLIC HEARING - CONCEPTUAL PRD SPECIAL EXCEPTION APPROVAL FOR
VERO SOUTH PLANNED RESIDENTIAL DEVELOPMENT
The hour of 11:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
I
VERO BEACH PRESS -JOURNAL s
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. wm
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper
at Vero Beach in Indian River County, Florida; that the attached copy of advertiseme
in the matter of
In the Court,
lishad in said newspaper in the issues of,,0&,W_ 2, ZZ/ 190
newnu.
in interest
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at and � luv.wns�ithowppoonn- tobe
Vero Beach, in said Indian River County, and that the said newspaper has heretofore heard. will be held by the board of Counnty com.
been continuously published in said Indian River County, Florida, weekly and has been entered missionera of Indian River County, FWmla• on
as second class mail matter at the post office in Vero Beach, In said Indian River County, Florida w�ns�ay Januar �• 1988, at 11zo a.m. The
ion
for a period of one year next preceeding the first publication of the attached copy of adver- Chanib rrlo th hold t Ne Cmmty Canmiaing.
p Chemd at of the County et Ver Beach BwWmp•
tisement; and affiant further says that he has neither paid nor promised any person, firm or bested n 184025th Street Vero Beach. Frorida
corporation any discount, rebate, commission or refund for the purpose of securing this adver- Anyone wham may wish to appeal any d.01.
tisement for publication in the said newspaper. Won wh�h maY he mad. at 9Na rtMetinp w18
)�� /� raw b amara Nat a verbatim record of the pro.
Sworn to and subscribed before me this L qday of "�+/JJ A.D•� coodmits is mads omen Includes ms twwwny
nal evldeneb upon wnkn the appal wdl De'.
✓ bred.
Indian River County
Board of County Gom maiianae
I
,- Jm. g, B -s- Patrick & Lyons. Chairman
!!ar) 1� 1988 .�. _... .
(SEAQ (Clerk of the Circuit Court, Indian River County, Florida)
61
Staff Planner Stan Boling reviewed the following staff
recommendation dated 1/10/86:
TO: The Honorable Members DATE: January 10, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: CONCEPTUAL PRD SPECIAL
s EXCEPTION APPROVAL FOR
SUBJECT: VERO SOUTH PLANNED
Ro ert M, Keati g, P RESIDENTIAL DEVELOPMENT
Planning & Deve opm t Director
THROUGH: Michael K. Miller
Chief, Current Development Section
FROM: Stan Boling/� REFERENCES: F
Staff Plannef`" Disk: STAN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of January 22, 1986.
DESCRIPTION AND CONDITIONS:
Leonard Hatala, Cliff Reuter and Ann Reuter, through their
agent John McGuire, are requesting conceptual PRD plan special
exception approval to construct a six phase 252 unit multi-
family project. The units would consist of one and two-story
townhomes arranged around a 13 acre lake that is to be excavat-
ed as part of the project. The subject property is located on
the south side of Oslo Road at 20th Avenue, west of Oslo Park.
At their regular meeting of January 9, 1986, the Planning and
Zoning Commission unanimously voted to recommend that the Board
of County Commissioners grant conceptual PRD plan special
exception approval subject to the conditions listed in this
report's recommendation.
The applicant is now requesting that the Board of County
Commissioners grant conceptual PRD plan approval to the proj-
ect.
ALTERNATIVES AND ANALYSIS:
1)
Size of property:
± 57.77 acres'
2)
Zoning Classification:
RM -6, Residential Multi -
Family up to 6 units/acre
3)
Land Use Designation:
LD -2, Low Density Residential
up to 6 units/acre
4)
Proposed Building Density: total project: 4.36
units/acre
5)
Surrounding Land Uses:
North: Oslo Lake Shopping
plaza, Oslo Road,
vacant land
South: vacant land, single
family residential
East: commercial, single
family residential,
vacant lots
West: citrus groves, single
62
family residential
JAN 2 2 1986
BOOK 63 rau.3— 90
J
JAN 2 2 1966 BOOK 63 FAUc
6) Landscaping and Buffering: a landscaped berm is to
be provided within a 35' wide landscape buffer strip
that runs along the perimeter of the property.
Landscape ordinance 84-47 will be applied during
review and consideration of preliminary PRD plans
(the next step in the approval process). Also, a.
landscaped berm (to buffer the rear yards of homes
• along 19th Avenue S.W.) is to be placed along the
east side of the 20th Avenue extension during con-
struction.
7) Unit floor area: will meet or exceed the minimum
areas specified in the PRD ordinance.
8) Traffic Circulation: As part of the proposed proj-
ect, 20th Avenue is to be extended along the east
property boundary from Oslo Road to the south proper-
ty boundary. There would be two entrances off of the
20th Avenue extension, and an entrance on Oslo Road
(utilizing the west entrance of the Oslo Lake Shop-
ping Plaza). The phasing of the project is designed
to provide these access points when they will be
needed.
The applicant has provided an acceptable traffic
impact analysis report, and has agreed to provide the
following road improvements:
a. an east -bound deceleration lane or adequate
ingress radius (minimum 451) on Oslo Road at the
Oslo Lake Shopping Plaza west entrance;
b. construction of left -turn lanes on Oslo Road at
20th Avenue; and
C. alignment of 20th Avenue at the Oslo Road/20th
Avenue intersection.
The timing of providing these improvements will be
analyzed and determined during the preliminary PRD
plan review for each phase.
All units will access directly or indirectly off of a
proposed loop road that is to run throughout the
entire project. The plans conceptually meet all
parking and access requirements. The Traffic Engi-
neer has approved the conceptual plans.
9) Drainage Plan: The drainage plan proposes the use of
a system utilizing curbing along the internal road-
ways to convey stormwater into the proposed lake. An
overflow system is designed to use the canal running
along Oslo Road. The Civil Engineer has approved the
conceptual drainage plan with the following con-
ditions:
a. all run-off from developed areas shall be
conveyed to the stormwater management tract
(lake) via grassed swales;
b. a permanently fixed weir with a single overflow
elevation shall be provided as part of the
outfall system to the canal; and
C. a skimmer structure shall*be provided in con-
junction with the weir structure (to prevent
floating pollutants from being discharged
off-site).
63
10) Environmental Issues: The applicant proposes to
excavate and construct a 13 acre lake in the middle
of the site. The lake is to have a depth of 8', with
maximum slopes of 1:3. (see attached profile). It
is to be used for stormwater management and for
recreational use (canoeing and possibly fishing).
pursuant to conditions described under "Drainage
Plan", the quality of water directed into the lake
has been addressed. The applicant has applied for
permits from the St. Johns River Water Management
District.
11) Utilities: The entire project is to be served by
County water and an on-site treatment facility. A
two acre treatment facility site is provided next to
Oslo Road. The first phase of the project shall be
served by a temporary on-site septic system. All
utilities are to be located underground. The
Utilities Services Division and the Environmental
Health Director have approved the conceptual plans.
12) Recreational Areas: The proposed plan would provide
amounts of open space in excess of the required
minimum open space. Also, minimum recreation area
requirements would be met with five recreation areas
distributed throughout the entire site. These areas
are to include passive recreation space, picnic
facilities, tennis courts, a swimming pool, a
recreation building, and small docks for use in the
.lake (to be used for canoeing and possibly fishing).
13) Accessory Commercial Area: Pursuant to provisions in
the PRD ordinance [25 (A) 4 (e) (3) c] , limited accessory
commercial uses are allowed in a project of this
size. The applicant proposes to utilize the maximum
amount of allowable accessory commercial area (31,500
sq. ft.) to be built in the sixth and final phase -of
the project. All accessory commercial criteria are
met by the proposal with one exception: the applicant
proposes to locate the project's commercial area
directly behind the Oslo Lake Shopping Plaza. The
location would be within 200' of the PRD project
boundary, which is not permitted according to the
criteria [25 (A) 4 (e) (3) c. iv] . The intent of the 200'
location criterion is to screen the accessory
commercial use from the general public, to ensure use
predominately by project residents.
Staff supports the applicant's proposal in that the
accessory commercial area would be adjacent to an
existing commercial use, would be physically screened
from Oslo Road by the Oslo Lake Shopping Plaza, and
would have no store fronts or signage visible from
Oslo Road. Thus, the accessory commercial area could
be oriented away from Oslo Road and towards the
project, and no residences would have to back up to
the rear of an existing commercial development. In
addition, the developer is planning to provide
controlled private entrances to the project. The
provision of the PRD ' ordinance prohibiting the
proposed accessory commercial location could be
waived simply by approval of the conceptual PRD plan.
64
JAN 2 21986 Book 63 r,r GE 392
L ,
JAN 2 2 1986 BOOK 63 FAGS 3,93
14) Estimated Schedule of Development: The applicant has
submitted a schedule for six phases. The first phase
is to begin in the Spring of 1986; the last phase is
to begin in the Fall of 1988. There should be
approximately six months between phases. All neces-
sary improvements, including lake portions, are to be
bompleted by :phase. Each phase will be able to"
"stand alone" as far as meeting all applicable
requirements.
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners grant
conceptual PRD special exception approval to the Vero South
project, waiving the accessory commercial area location require-
ment [25(A)4(e)(3)c.iv], subject to the conditions that follow.
1. Traffic improvements shall be provided as follows:
a. an east -bound, right -turn deceleration lane or
adequate ingress radius (minimum 451) on Oslo Road at
the Oslo Lake Shopping Plaza west entrance;
b. construction of left -turn lanes on Oslo Road at 20th
Avenue (County to share 25% of the burden of construc-
tion via in-kind assistance); and
C. alignment of 20th Avenue at the Oslo Road/20th Avenue
intersection.
2. Drainage improvements shall be provided as follows:
a, all run-off from developed areas shall be
conveyed to the stormwater management tract
(lake) via grassed swales;
b. a permanently fixed weir with a single overflow
elevation shall be provided as part of the
outfall system to the canal; and
C. a skimmer structure shall be provided in con-
junction with the weir structure (to prevent
floating pollutants from being discharged
off-site).
Utilities Director Terry Pinto reported that staff has
reviewed the project and determined that the wastewater facility
would be similar to other places in the county. The development
is not near any county facilities and would have to go through a
franchise. He advised that Genera] Development Utilities has
indicated a willingness to service the new development along with
another subdivision in that area. Staff will continue to pursue
that possibility and bring it back to the Board.
65
_ M M
Steve Moler of Masteller and Moler, engineers on the
project, agreed with staff that if a road that is on the
County's road plan is built by the developer, the cost of
building that road should be subtracted from the road impact
fees.
Commissioner Bird thought it unusual that the engineers put
the treatment facility in the front of the development facing
Oslo Road, but Mr. Moler said that eventually it would be
abandoned and they intend to buffer it very well until then.
Most of the site will be occupied by the percolation ponds, and
if they can work it out with General Development, they can put
two or more other buildings in there.
Director Pinto pointed out that another advantage to the
facility being in the front is that everyone can see it, smell
it, and we can make sure that it is operating efficiently.
Commissioner Wodtke had some questions on drainage and Mr.
Moler answered in detail, using a map of the site and explained
that all the drainage for the project will drain into the lake
and the rest will drain into a culvert.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in the matter.
Penelope Hessen, 716 19th Place, wished to know how this
project would affect the drainage on the lots in Oslo Park, and
Planner Boling explained that the drainage would be kept on site.
Mrs. Hessen also asked what economical effect this
development would have on their area, and Director Keating did
not feel it would have any adverse effect.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
66
JAN 2 2 1986 BOCK 63 F -u -c394
JAN 22 198
BOOR 6 3 F��F,E
Mr. Boling explained that the 16 units in Phase I will be on
a septic system, and Michael Galanis of Environmental Health
advised that 16 septics are within the number allowed.
Lengthy discussion ensued re the Commissioners' concern
about the county getting stuck with 16 septic tanks if the
development didn't sell.
Mr. Galanis felt it possible that Phase II, III or IV could
be sold off after the 16 septic tanks were allowed in Phase I.
a
Mr. Moler said that was not their intent, but he could understand
their concern that it might happen.
Mr. Boling explained that any transfer of approval would
have to come back to the Board.
Chairman Scurlock noted that the lake is going to be dug in
phases also and was concerned that we just told the people in
Oslo Park that there would be no drainage problems. If the
drainage was based on going into a large lake, what happens if
the small lake causes drainage problems.
Director Keating pointed out that at the time they come in
for a new phase, they have to come in for a PRD.
Attorney Vitunac explained that if construction begins on
this project within one year of the PRD approval, the developer
is locked in as long as the building permit is good or unless it
goes for six months without any progress being made.
Chairman Scurlock just wanted some kind of commitment
included about a treatment plant being built or tying it into
another system within a certain amount of time, perhaps 18 months
from preliminary PRD approval or the beginning of Phase II, or
whatever comes first.
Planner Boling agreed that it should be attached to specific
time constraints stating that within a certain period of time
there will be wastewater service available either from GDU or a
permanent wastewater treatment facility.
67
Director Pinto explained that if they have to build a
treatment plant, they must go through franchising which would
allow them to build the treatment plant in modules.
Mr. Moler didn't think it would be practical to have a
treatment plant for just 5000 gallons.
Director Pinto pointed out that there are not 16 actual
septic tanks, it is a big septic tank with a gravity line routing -
system to pump 5000 gallons of sewage from 16 units to a lift
station.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously granted
conceptual PRD special exception approval to the Vero
South project, subject to the conditions set out in the
above staff recommendation, with the addition of two
further conditions: 1) that the owners and developers
will immediately seek an opportunity to tie
in with GDU, and 2) that the County will review within
18 months of preliminary PRD approval, the requirements
for wastewater treatment, and reserves the right to
require necessary changes which may include a system to
meet County requirements.
Commissioner Lyons left the meeting at 12:45 o'clock P.M. to
attend another meeting.
REQUEST FROM VOLUNTEER AMBULANCE SQUAD FOR SURCHARGE MONIES FOR
EMERGENCY MEDICAL SERVICES
The Board reviewed the following letter and memo dated
1/9/86 and 10/14/85, respectively:
68
JAN 2 2 1986 0 BOOK 63 396
hdcn R &w Caxxy
WE , �• Volunteef
CAIS Ambulance
Squad
January 9, 1986
0
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Gentlemen:
Ref: I.O.M. Charles Vitunac (ATTY.)
BOOK
�O
JA,6G
N
.:
U
i::..:
Enclosed is a copy of a memo received at the ambulance
squad from Charles Vitunac, regarding surcharge monies,
available for emergency medical services.
In behalf of the Indian River County Volunteer Ambulance
Squad, I am requesting a share of the accumulated funds,
for the purchase of supplies and equipment used on our
fleet of ambulances.
Kindly advise me if there is additional information required
to participate in this program.
Thank you for your consideration and cooperation in this
matter.
Sincerely,
Bernard J. Paz
Indian River County Volunteer Ambulance Squad Chief
69
13
L
MAIN STATIOrd.
1 I4: i Iln • :d�
Verc BCiC" 7.!
(305) 5h? 3:-
BEACH STATION
3401 In(na!
Vero Beac•
(305) 23' '
SEBASTIAN STATION
1111 MArn S -pc*
Sebastian. Fic-da 31."�'—
(305) 589-56411
r - r
TO: Dan Martine, Squad Chief DAT . 10/14/85 FILE:
IRC Volunteer Ambulance S -quad (dictated 10/10)
SUBJECT: Surcharge on DWI fine
for EMS services
FROM: REFERENCES:
Charles P. Vitunac,
County Attorney
Enclosed is a copy of newly created Section 401.113, Florida
Statutes, which was created by the 1985 Florida Legislature by
Chapter 85-337, Laws of Florida. Please see Paragraph 2-A
and 2-B of the � referenced Section for details on the
distribution of the money.
In answer to your question, concerning how the Ambulance Squad
can apply for a share of that money, it appears that the Squad
would make an application to the Board of County Commissioners
who would then consider the application "as it deems
appropriate." Once the State returns some money to the
County, the distribution can be made.
An additional method for receiving money is as matching grants
for programs developed by the State under rules which have not
yet been developed. When these rules are developed and grant
programs are available, Paragraph B would be an additional
method for recouping some of this fine money.
Administrator Wright explained that they checked with the
Clerk's Office this morning and there isn't a reporting procedure
as yet. It is going to be disbursed once a year, but they won't
know the amount until the end of the year.
Chairman Scurlock felt that the proper time to look at this
would be at budget time where we can consider all the emergency
service organizations.
Administrator Wright suggested that we write them back and
say that we are going to decide the allocation at budget time in
July. He emphasized that this is for emergency medical services
only.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, Commissioner Lyons having
left the meeting, the Board unanimously (4-0)
instructed the County Attorney to write a letter
indicating that the appropriate time for them to
apply for the monies is at budget time in July.
70
BooK 63 F',ul 398
JAN 2 2 1996
BOOK 63 F":F 399
ARCHITECT SELECTION COMMITTEE REPORT - PUBLIC HEALTH BUILDING
The Board reviewed the following memo dated 1/15/86:
TO:The Honorable Members of
the Board of County
Commissioners
DATE: January 15, 1986 FILE:
THRU: Michael Wright SUBJECT: Architect Selection Committee
County Administrator Report - Public Health
Building
H. T. "Sonny can
Director -
FROM: FROM: General Services REFERENCES:
As requested by the County Administrator, a committee made up of: Pat
Lyons, Commissioner; Ralph Brescia, County Engineer; Dr. Tucker,
Health Department; Mike Galanis, Health Department; and this writer,
met on December 9th and reviewed fifteen (15) submittals for the
Architectural services on the proposed building. This list was
narrowed down to five (5) Architects who were requested to make
presentations.
On January 9th these presentations were made to the committee for
review. A final list of three was determined in the following
priority:
1. Lemuel Ramos and Associates
Miami, Florida
2. The Smith, Korach, Hayet, Haynie Partnership
Fort Lauderdale, Florida
3. Reynolds, Smith & Hills
West Palm Beach, Florida
Staff recommends that authorization be given to negotiate fee with
Lemuel Ramos and Associates to design the Indian River County Health
Building.
Commissioner Wodtke asked if there was a local architect in
the first 15 submittals, and General Services Director Sonny Dean
said that there were two, Charles Block and one other.
Chairman Scurlock believed that because some of these
architects have had experience in designing similar facilities in
other counties, it probably put them higher up on the priority
list during evaluations.
71
Dr. Joseph Tucker of the Public Health Dept, explained that
was one of the 10 criteria they applied to the evaluations.
Though Charles Block's firm did not make it into the final
selection, he participated in the Ramos presentation later on,
even though he is not listed as a joint venture.
ON, MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, Commissioner Lyons having left
the meeting, the Board unanimously (4-0)
authorized staff to negotiate a fee for
architectural design of the proposed Public
Health Building; with negotiations to begin with the
1st firm and then proceed to the 2nd and 3rd firms, in
that order,.as recommended by staff.
REQUEST FOR ADDITIONAL TELEPHONE EQUIPMENT
General Services Director Sonny Dean explained that we have
run out of room with our present telephone equipment to add any
more extensions beyond what we have planned, which is 5 on the
3rd Floor for the Engineering Dept. We have a request for two
more extensions over at the Clerk's Office that we absolutely
cannot provide on the present system. It would cost $4,350 to do
this, and we did not budget for it.
Administrator Wright recommended that we fund that by taking
capital outlay of an equal amount from the Emergency Management
budget where we did not buy a vehicle, reduce Emergency
Management by the appropriate amount, and transfer that money to
General Services.
Chairman Scurlock asked what impact that would have on
Emergency Management, and Administrator Wright explained that
instead of purchasing a new vehicle for Emergency Management,
they decided to have a car allowance. He was planning on simply
carrying that money over until next year as non -expended funds,
72
BOOK 6 F'r1GE 40®
JAN 2 2 1986
JAN 22 1986 80011 '63 FiGE
401
but this will keep us from going to the general contingency
funds.
Chairman Scurlock understood that the difference between
purchasing a new vehicle and the $200 a month car allowance would',
amount to $7600, which will fund this and then the other $2,000-
$3,000 would be carried over.
Administrator Wright confirmed that was his recommendation.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, Commissioner Lyons having
left the meeting, the Board unanimously (4-0)
approved the following budget amendment, as
recommended by Administrator Wright.
TO: Honorable Board of County
Commissioners
FROM: Joseph A. Baird
OP1B Director
Account Title
Other Buildings
Automotive
DATE: January 22, 1986 FILE:
SUBJECT: Budget Amendment
for Telephone Hardware
REFERENCES:
Account Number -Increase
001-220-51966.29 $4,350
001208-.525-66.42
Decrease
$4,350
Explanation:
The Administration Building is in need of expanding the telephone lines
coming into the building. The cost will be $4,350.
73
"911" ORDINANCE
The Board reviewed the following memo dated 1/15/86:
TO: The Honorable Members of DATE: January 15, 1986 FILE:
the Board of County
Commissioners
THRU: Michael Wright
County Administrator
H. T. "Sonn can
Director
FROM: General Services
SUBJECT: "911" Ordinance
REFERENCES:
During the last legislative session, Florida Statute Section
365.171(13) was established allowing a County to impose and collect a
fee for non-recurring charges for the establishment and expansion of
the "911" service.
Southern Bell Telephone and Telegraph Company has advised staff -that
there are approximately 49,500 local exchange subscribers. At the
allowed rate of Fifty Cents (50�) per subscriber over the period of
eighteen (18) months, approximately $445,500.00 can be generated for
our "911" service. The Telephone Company is entitled to an
administrative fee equal to one percent (1%) of the fees collected.
Staff recommends the approval of this ordinance.
i
Commissioner Bird suggested that we schedule a separate
public hearing on this matter because of the impact it will have
on the public.
Chairman Scurlock agreed that we want to make people aware
that these monies are available.
Attorney Vitunac advised that a public hearing is not
required. He preferred to do this by resolution rather than
ordinance because it is a one-time event.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, Commissioner Lyons having left
the meeting, the Board unanimously (4-0) authorized
staff to schedule a public hearing for consideration
of the 911 Resolution.
74
Arty -1 2 2
1986 BOOK 63 rAuE 4.02
JAN 22 1986 BOOK 63 Facc 403
RIGHT-OF-WAY ACQUISITION FOR 43RD AVENUE EXTENSION FROM NORTH
GIFFORD ROAD TO LINDSEY ROAD
The Board reviewed the following memo dated 1/13/86:
TO: THE HoNORABLE MEmERs OF THE DATE: January 13, 1986 FILE:
BOARD OF CDUWY- CONIlUSSIONERS
THROUGH:
Michael Wright
County Administrator
James W. Davis, P ►yT
Public Works Director
FROM: Donald G. Finne. y'"" �'
R/W Acquisition Agent
SUBJECT: Right -of -Way acquisition for
43rd Avenue extension fran
N. Gifford Rd. to Lindsey Rd.
REFERENCES:
DESCRIPTIONS AND CONDMONS
The County requires a 35' x 275' right-of-way along a parcel owned by
Bryant Carter & Corbitt Smith. (9,625 square feet or .22 acres). The.
property owners do not want to sell, however, they will only settle for
$5,000.
Staff appraisal indicated a market value of $2,500. The Board previously
authorized purchase at $2,500.
411
1) Obtain an outside independent M.A.I. appraisal, approximate fee
$1,000.
2) Authorize County Attorney to start condemnation by eminent domain.
3) Authorize purchase of property at $5,000 at which the property Owner
is willing to settle. It is estimated that condemnation costs to the
county would be as follows:
$2,500 Estimated market value of subject property
1,000 Appraisal fee for posting of bond
1,500 Property owner's attorney fees
200 Court costs
*$5,200
*This is a conservative estimate which would be higher depending on attor-
ney's and appraiser's fees and time elapsed since staff estimated property
value.
RECONMENIDATION AND FUNDING
Staff recommends alternative number 3 be approved as the least expensive
alternative and least time consuming to consummate the transaction and thus
have the road construction completed. Funding from Second Gas Tax or local
option gas tax.
75
Administrator Wright pointed out that there is a change in
the recommendation as there is some concern that we may be
setting a precedent for encouraging people to hold out for more
money in these situations. To avoid setting a precedent, he
recommended that we go ahead with the normal process of acquiring
property, even though the difference between condemnation costs
and settling is only $200.
Commissioner Bird wished this project to move ahead quickly,
and Commissioner Wodtke felt we should go ahead with a quick
taking.
Public Works Director Jim Davis believed we would need an
appraisal for a quick -taking; however, if our staff appraisal is
sufficient for the quick taking, we could use it and not delay
the project.
Commissioner Bird felt sure that the property owner would
object to that and would want another appraisal, but Commissioner
Wodtke said that might take 2 or 3 years to settle through the
courts, and a quick taking would allow us to go ahead in the
meantime. He believed the little difference in cost would be
worth not setting a precedent.
Commissioner Bird pointed out that the difference could run
much more, perhaps as much as $5000.
Administrator Wright felt this is a judgement call and he is
recommending that we not set a precedent.
MOTION WAS MADE by Commissioner Wodtke, SECONDED
by Commissioner Bowman, that the Board authorize
staff to make a final offer of $3,500, based on the
indicated market value appraisal by staff; and if the
offer is not accepted, authorize the Legal
Dept. to take the necessary steps for a quick taking of
the property and go to condemnation.
76
2
BOOK 63 FnE 404
JAR a 2 1986 BOOK 63 PIA, GE 405
Under discussion, Don Finney, County Right -of -Way
Acquisition Agent, noted that during negotiations the property
owners would not budge one dollar from their asking price of
$5,000. He felt that the staff appraisal was rather conservative' -
and that it was possible that the value has increased during the
last six months.
Commissioner Bird felt inclined to go with the Motion except
for the stipulation that if the $3,500 is not accepted, it goes
to condemnation. He was concerned about the gamble we would be
taking because he believed the appraisal would be higher than
$2500.
Chairman Scurlock agreed that the appraisal would come in
higher. In addition, he believed the attorney fees would be more
than $1500, which doesn't include our County Attorney's time.
Director Davis pointed out that staff's appraisal was based
on comparable sales, and for another appraiser to justify a
higher appraisal, he would have to show comparable sales in that
area. He didn't know where they could find those unless something
significant has happened in that area in the last six months.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
failed by a 2-2 vote, Commissioners Scurlock and
Bird dissenting.
A MOTION MADE by Commissioner Bird, SECONDED by
Commissioner Bowman, that the Board approve staff
recommendation of alternate #3 as set out in the above
memo, failed by a vote of 2-2, Commissioners Wodtke
and Bowman dissenting.
Administrator Wright advised that the matter would be
brought back to the Board at the February 5th meeting.
77
r
IRC BID #271 - HYDRAULIC SEWER TRUCK
The Board reviewed the following memo -dated 1/15/86:
TO: BOARD OF COUNTY DATE: JANUARY 15, 1986 FILE:
COMMISSIONERS
THRU: TERRANCE G. PINTO SUBJECT:
DIRECTOR
UTILITY SERVICES
BID #271 COMBINATION 'N,CUUM &
HIGH VELOCITY HYDRAULIC SEWER
& CATCH BASIN CLEANER TRUCK
FROM: JEFFREY K-,-B'ARTO�a'',/r V REFERENCES:
ASSISTANT UTILIT I
DIRECTOR, UTILITY SERVICES
DESCRIPTION AND CONDITIONS
On November 21, 1985 a pre-bid meeting was held with five (5) potential
bidders present. On December 5, 1985 when bids were opened only (1)
bid was received from Interstate Equipment for $108,342.00. This item
had beenpreviously bid on May 21, 1985 and at that time Interstate had
bid $104,890.00. The company explained at a conference on January 2, 1986
that the price difference was due to the increase in material costs plus
the truck body was a 1986 instead of 1985 as originally bid in May, 1985.
Interstate agreed to absorb the price increase except for $1,000.00
which is the increased cost of the 1986 truck body.
RECOMMENDATION
Utility staff recommends that the Board of County Commissioners authorize
the purchase of the Combination Vacuum & High Velocity Hydraulic Sewer
& Catch Basin Cleaning Truck for Interstate Equipment of Ft. Lauderdale
at the negotiated price of $105,890,00 with funding; authorized in the
FY85-86 Utilities Budget under renewal and replacement.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, Commissioner Lyons having left
the meeting, the Board unanimously (4-0) awarded IRC
Bid #271 in the amount of $105,890 to Interstate
Equipment of Ft. Lauderdale for a combination vacuum
and high velocity hydraulic sewer and catch basin
cleaner truck.
78
BOOK 63 FA,c 406
r JAN 22 1986
-7
BOOK 63 407
BOARD OF,COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
vy�
�j J
-J 1
BID NO.
IRC BID #271
DATE OF OPENING
Dec. 5, 1985
BID TITLE One (1) New Combination
Vacuum & High -Velocity Hydraulic Sewer
-0 rE , OUn
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
1. One (1) New Combination Vacuum
& High Velocit H draulic Sewer
& Catch Basin Cleaner, Trk
Mounted 1 Each
N
o 1 ?y
c�
2. Days required for delivery
after receipt of Purchase
Order Days
t2,_
I
VISTA ROYALE/INDIAN RIVER COUNTY SETTLEMENT OF PENDING LITIGATION
RE WATER SERVICES AND WATER PLANT PROPERTY
The Board reviewed the following memo dated 1/14/86:
79
TO: The Board of County DATE: January 14, 1986 FILE:
Commissioners
SUBJECT: 'VISTA ROYALE/INDIAN
RIVER COUNTY
FROM: Jam s ' lson REFERENCES:
Ass t County Attorney
The attached deeds 'are to be executed in order to settle the
pending litigation between Vista Royale and the County regarding
water services and the water plant property. The attached deeds
convey the County's ownership in the old water plant property to
the Vista Royale Association, together with easements for ingress
and egress to that site. The County will retain the ownership of
and access to all waterlines servicing this area.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, Commissioner Lyons having
left the meeting, the Board unanimously (4-0)
approved the deeds conveying the County's ownership
in the old water plant property to the Vista Royale
Association, together with easements for ingress and
egress to that site, and authorized the Chairman's
signature.
COUNTY DEED AND DEED OF EASEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
MUDBOGGING LEASE
Attorney Vitunac presented the proposed lease with Mike
Loudermilk, Sr. to construct a mudbogging pit at the County
Fai_rgr.ounds and to conduct monthly mudbogging events.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, Commissioner Lyons having
left the meeting, the Board unanimously (4-0)
approved the lease with Mike Loudermilk, Sr.
for a mudbogging pit at the County Fairgrounds,
and authorized the Chairman's signature.
80
JAN 2 2 1986 a BOOK 63 FAjE408
r ..
JAN 2 2 1956
L E A S E
BOOK( 63 PAGr 409
THIS LEASE, executed this 22nd day of January, 1986, by
and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, hereinafter referred to as the "LESSOR", and
MIKE LOUDERMILK, SR., of 6685 69th Street, Vero Beach, Florida-;
32960, hereinafter referred to as the "LESSEE":
W I T N E S S E T H:
Whereas, Lessor is the owner of certain land in Indian
River County known as the Indian River County Fairgrounds; and
Whereas, it is desirable in order to provide for the
health, welfare and general good of the citizens of Indian River
County that recreational concerns of the citizens be addressed;
and
Whereas, Lessee has proposed to construct a mudbogging
pit on the Indian River Fairground property, and to conduct
monthly mudbogging events, which events will provide recreation
for the citizens of Indian River County; and
Whereas, the request to conduct mudbogging events at
the Indian River County Fairgrounds has been approved by the
Indian River County Parks and Recreation Committee and by the
Indian River County Fairgrounds Advisory Committee;
Now, therefore, for and in consideration of the sum of
SEVEN HUNDRED FIFTY DOLLARS per event, and other valuable
considerations and of the covenants and agreements herein
contained, the Lessor does hereby let, demise, and lease unto
said Lessee the following described property situated in Indian
River County, Florida, to wit:
The west 400.00 feet of the southwest quarter of the northwest
quarter of the southeast quarter of Section 32, Township 31
South, Range 39 East, Indian River County, Florida,
to have the right to conduct mudbogging recreational events at
the same location at least once each month for a term of one year
from the date hereof.
-1-
s � �
1. It is understood and agreed by and between the
parties hereto that the above-described premises shall be used by
the Lessee exclusively for mudbogging events for the use and
benefit of the public who desire to use same, and that Lessee
will make all the necessary improvements on said property in
order to accommodate mudbogging, at Lessee's own expense.
2. The Lessee agrees not to use or permit the use of
said premises, or any part thereof, for any unlawful purpose or
offensive use, and further agrees that the same shall be used
solely for the purpose of mudbogging or other community
recreational events. Lessee agrees that the leased premises may
be used by other organizations for mudbogging events under
reasonable terms and conditions.
3. This lease shall not be assigned and no part of the
leased premises shall be sublet nor used for any purpose other
than that expressed in this lease without the express consent of
Lessor. Any public body, charitable organization, or other
entity which sublets or uses any portion of, the leased premises
shall carry insurance as described in paragraph 7.
4. In the event of the failure on the part of the
Lessee to comply with any of the terms or conditions of this
lease on its part made and provided to be performed, or upon a
finding by the Board of County Commissioners that the use of the
premises as described creates more of a burden to the County than
is warranted by the recreational benefits derived therefrom, the
Lessor may, upon written notice to the Lessee, declare this lease
to be in default and, after 90 days of uncorrected default,
Lessor may terminate this lease.
5. Any and all improvements made by the Lessee shall
become the property of the Lessor at the time of the expiration
of this lease, and further Lessee shall make no claim on any of
said -improvements.
6. Lessor shall reserve to itself the right to let,
lease or allow use of any other portion of the premises or the
site for any public purpose, provided such does not unduly
interfere.with the operation of Lessee's mudbogging events.
JAN 2 2 196 -2
Bou 63 410
JAN 2,2 1986
BOOKPAG, 411,
7. Lessee, at Lessee's expense, shall provide and
carry, in addition to fire insurance, liability insurance
coverage in an amount of not less than TWO HUNDRED THOUSAND
DOLLARS per individual injury, and FIVE HUNDRED THOUSAND DOLLARS
per occurrence. The Lessor shall be named a co-insured and
copies of said policy mailed to Lessor annually or prior to each
event, whichever applies.
8. Lessee agrees to indemnify and hold Lessor harmless
for every and all claims that may arise from Lessee's use of the
demised premises, including court costs and attorney's fees, and
including use by permitees of the Lessee.
9. Lessee agrees to erect safety posts and fencing
sufficient to prevent unpermitted use of the mudbogging pit, and
further agrees to maintain same throughout the term of this
lease. Lessee agrees to provide any and all control personnel or
devices necessary to maintain crowd and traffic safety on the day
of any mudbogging event.
10. Lessee agrees to reimburse Lessor for any and all
property damage incurred as a result of mudbogging events.
11. Lessee agrees that no alcoholic beverages will be
permitted on the leased premises.
12. Lessor agrees that it will provide two portable
toilet facilities at each event, and any additional toilet
facilities required by the size of the crowd will be provided by
Lessee.
13. Lessee agrees to restore site to its original
condition upon termination of this lease.
IN WITNESS WHEREOF, this lease has been executed in the
name of and on behalf of the Lessor by its Chairman, attested by
its Clerk, who have been duly authorized by the Board of County
Commissioners of Indian River County so to do, and on the part of
the Lessee who is and declares that he is authorized so to do, on
the day and year first above written.
Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS
in the presence of: OF INDIAN RIVER COUNTY
By G
DON C. SC LOCK, JR
Chairman
As to Lessor Attest:_��i/GC.�
FREDA WRIGHT,
3- "
LESSOR" N e
Signed, sealed and delivered
in the presence of:
6M 4.4- � . -f4-e�
Witness
rl � Q
Witne6s
MIKE LOUDERMILK, SR.,
"LESSEE"
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
0 Personally before me, the undersigned officer,
authorized under the laws of said STate and County to administer
o hs and take acknowledgments, appeared DON C. SCURLOCK, JR.,
and FREDA WRIGHT, known to me to be the Chairman and Clerk,
respectively, of the BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, who acknowledged before me that they
executed the within and foregoing Lease under the authority duly
vested in them by the said Board
WITNESS my hand and seal at Vero Beach, said County and
State this 'qday of , 1986.
NOTARY PU IC r
My Commission Expires:
NOTARY PUBLIC STATE OF FLO'ki6k
MY COMMISSION, EXPIRES JULY. 8 1986
ap
Approved as to form
and legal sufficiency
By�..
Bruce Barkett
Asst. County Attorney
-4-
Boa 63 Pact 412
BOOK 63 m1 -L 413
EMERGENCY ORDINANCE - AMENDING DEFINITION OF ADVERTISING
STRUCTURES AND SIGNS AND PROHIBITING BUILDING OF CERTAIN
STRUCTURES
Assistant County Attorney Bruce Barkett explained that after
the recent decision was made to not allow a structure shaped like
an ice cream cone to be built in the county, the owners appealed
to the Circuit Court. After reviewing the case, the court has
issued an order requiring us to answer that lawsuit, and that
answer is due this coming Monday. He recommended that an
emergency amendment be made to the sign ordinance in order to
provide insurance to secure the ability of the county to prevent
construction of signs shaped like buildings in violation of the
sign ordinance.
County Attorney Vitunac explained that it requires a 4/5ths
vote of the Board to waive the notice for a public hearing on an
emergency amendment to an ordinance.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, Commissioner Lyons having left
the meeting, the Board unanimously (4-0) waived the
notice for a public hearing to amend an ordinance.
Attorney Vitunac explained that this definition of a sign
strengthens our case against the building shaped like a ice cream
cone.
Commissioner Bird suggested the addition of "citrus fruit"
to the definition.
Attorney Vitunac advised that a public hearing for a regular
amendment to the sign ordinance is advertised for February 12th
and this emergency amendment will be in effect only until then.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
85
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, Commissioner Lyons having left
the meeting, the Board unanimously adopted Ordinance
86-13, an emergency ordinance amending the County's
sign ordinance providing definition of advertising
structures and signs and prohibiting building
structures which resemble in configuration or design a
particular product; with the addition of "or fruit" to
the definition on the first page, and deleting
"vehicles"; the amendment to be in effect only until
February 15, 1986.
86 BOOK. U� . w �
J 414
N 22 1
ORDINANCE NO. 86-13
Bou 63 cAlc-L 415
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSION-
ERS AMENDING INDIAN RIVER COUNTY ORDINANCE SECTION 25(o)
[signs]; PROVIDING DEFINITION OF ADVERTISING STRUCTURE;
PROVIDING DEFINITION OF SIGN; PROHIBITING BUILDING --
STRUCTURES WHICH RESEMBLE IN CONFIGURATION OR -DESIGN A
PARTICULAR PRODUCT; INCORPORATION IN CODE; SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, an emergency exists which requires the
immediate enactment of amendments to the sign ordinance of Indian
River County; and
WHEREAS, it is the purpose and intent of these amend-
ments to promote and protect the public health, safety, welfare
and aesthetics of Indian River County by regulating and limiting
the public display of advertising structures, signs, billboards,
and other displays competing for public attention;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS that:
SECTION 1
Indian River County Ordinance Section 25(o)(1) Special
definitions is hereby amended to establish Section 25(o)(1)h. and
Section 25(o)(1)i. to read:
h. Advertising Structures: Any structure; with
or without any advertisement display
thereon, situated upon or attached to real
property, upon which any sign may be placed.
Anytime the word "sign" is used in this sign
ordinance [Section 25(o)], the same shall include
advertising structure.
i. Sign: Any writing; pictorial representation;
decoration; emblem (except a religious emblem);
flag (including banner or pennant); or any other
structure, figure, or character, or any part
thereof, on which such writing, pictorial
representation, emblem, flag, or other figure
or character is installed or placed which:
a. is used to inform, attract attention, or
advertise; and
b. is readily visible -from any public place
off the premises upon which the writing,
pictorial representation, decoration,
emblem, flag, figure or character is located.
Whenever the word "sign" appears in this sign
ordinance [Section 25(o)] it shall include
"advertising structure." Whenever the word "sign"
is used in this sign ordinance [Section 25(o)] it
shall include buildings or other structures shaped
to resemble in configuration or design a product for
sale such as, but not limited to, hot dogs,
hamburgers ice cream cones, shoes, automobiles, or
fruit.
-1-
SECTION TWO
Indian River County Ordinance 25(o) Signs is hereby
amended to add section 25(o)(10) to read:
Buildings which resemble in configuration or
design a product for sale such as, but not -
limited to, hot dogs, hamburgers, ice-cream
cones, shoes, automobiles or fruit are
prohibited in the unincorporated areas of
Indian River County.
SECTION 3
INCORPORATION IN CODE
This ordinance shall be incorporated into the Code of
Ordinances of Indian River County and the word "ordinance" may be
changed to "section," "article," or other appropriate word and the
sections of this ordinance may be renumbered or relettered to
accomplish such purposes.
SECTION 4
SEVERABILITY
If any Section, or if any sentence, paragraph, phrase,
or word of this ordinance is for any reason held to be
unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this ordinance; and it shall be
construed to have been the legislative intent to pass the
ordinance without such unconstitutional, invalid or inoperative
part.
SECTION 5
EFFECTIVE DATE
This ordinance shall become effective upon receipt by
the United States -post Office for delivery by registered mail to
the Department of State.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida, on this Z2 day January of,
1986.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By G
DON C. SCURLO R, JR., h rman
Attest:
FREDA WRIGHT, C
eQot 67.
Acknowledgment by the Department of State of the State of Florida,
this 27 day of January , 1986.
-2 -
BOOK 63 F'AGC �16
.JAN 22 7986
JAN 2 2 1966 Boa 63 FA -UE 417
LETTER TO ARMY CORPS OF ENGINEERS RE BEACH RENOURISHMENT PROJECTS
Commissioner Wodtke explained that there are plans to
include House Bill -06 and Senate Bill 1567 in an Ombudsman bill;
however, at present, there isn't any language included that
provides for eligibility for reimbursement if the City of Vero
Beach or Indian River County should proceed with an approved
beach restoration or renourishment plan prior to authorization.
Currently the procedure is that it has to be authorized
first, but if specific wording could be included in the
Ombudsmans bill itself, it would help to establish our
eligibility for reimbursement.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, Commissioner Lyons having left
the meeting, the Board unanimously (4-0) authorized
the Chairman to write a letter to Col. Meyer of the
Army Corps of Engineers requesting that appropriate
language be inserted for possible reimbursement should
the local sponsor of the project proceed prior to
authorization.
PROCLAMATION HONORING SENATOR PAULA HAWKINS AND SENATOR ROBERT J.
DOLE
The following proclamation is hereby made a part of the
Minutes:
_
89
i
4 P„R.,, O C. L.cA �. A "T - I•'O N
Ste•- R„"� y'�-:.-;3:Q*.a�,.,4:::2it�+i►ji'..s�,.,t
ry •:w,tYJ;ROCi;XMATION ':: -•.'DU*.v hei=Y'-'�V•f?+ J .ltivyV.t'h•�-....~ �a.11- M i•{ 14, ,! • •?'T .
; P::.O$CJk:. •RIV'ER . COUNTY,.'.: - -
•'' FLORIDA'�4HONORING.�$ENf,�,TOR~:PAQL'A.-HAWRINS • `R-'•'- •`r
ND-- SENA.TOR. ROBERT.%J.
a.
`��'�;.yy•.��'r�e:.;.: c..ry4i•. '::.6.s LC ;O��rx. st•F:rw'.' ic!;S,i'•iF'wwa: i�-° :c:A �..• ..
7tf�
x.' :' •%..,, t^"% •�,,L.,$ max. t7;; ..j i- i .: ). : t . • ..
WHE$8A8, 7"' oD = 8aturda ;'4 nuary X18, 1986. Senator Paula
r, • ,.'rt � .v rr 44..• ' - if:• .:r•��a_x R'�.�•. •:�•: d:X ; c - �-' • _
ti Hawkins jis.•"hostin L 1lunohe a't the -
,$ P, :.. Rio . Mar Country) Club'an the
:"Cit • of Vero
,r, y Beach! �i.nJ.. Indian .River. County, and
WHEREAS; �he3-ked note` speaker at the. luncheon, will 'be the
-.Majority; Lde�rofe United States Senate. theionorable Robert
eR�Mo�"
J. Dole.8d z� ••sem:: ,,� '' �t vt x 2
C"•e•,. R \tf• +ti K y3�3ny1.���ayy'�.c..•:�{'�LTq t .L �S , 1. -♦ •. �i•�a. . •. [� - •.a^
:_"WHEREAS.Iii's'�will kbe the first time. in ,history :that
.�+ •:, 0wa••.s•, .,In 2 4�'a; �� t y",.� t, �.ii'@ i'. • t'.:• • . r • • , .
Najority `LUder3' f 'e�. '3.�Senate hasattended an function in
w` ..,t: !1 '� s <! fa! A ,lr:k� • �.n' ► e w ;� id. y.
2 disn- i "`un y,}and the' first j time int histor �4 +
A R ver; Co y that two U..... s.
,1 +,l '.*CcI: ' . 1,.3�•;it,i v rit ti t
Senatorst have , epp'eared hire.together;. and ;
,. WHEREAS Indian ,River County" is honored to be 'the
host
'County. foi-'•two i'uch,distinguished^'IInited States Senators and wishes
to.show .its';eppreeiation for their coming. to:Indian..River County;
'afNo .; THEREFORE.. -BE: •IT:.PROCLAIMED BY: INDIAN RIVER
' .:�'3�: •'.: :• .. � :;moi', :^ • ' �:!} �:•' , , •..• ?:; .?t;': ••' • ; ...: • ' � -. •:..: • . ••.
>-COIINTYP' b and
y >through'a.its Board, of County Commissioners that:
Senator Paula. Hawkins and :Senator Robert J. Dole 'are welcomed
to Indian River"County and should be .made.aware by this Proclamation
.v: 'of the :high esteem.. -in which the people of Indian River. County hold
:them. ;:� ; �•.
' •.-; •' ;,, BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY. FLORIDA
By C
"-` •fig ;'- •+ Don C. curlock. Jr.
-•; :�,:r { .Chairman
There being no further business, on Motion duly seconded and
carried, the Board adjourned at 1:30 o'clock P.M.
ATTEST:
N� C
Clerk Chairman
90
AN 1986, BOOK 63 r ,,r 418
A