HomeMy WebLinkAbout2/26/1986Wednesday, February 26, 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,
February 26, 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; and
Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Bowman led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Wright requested the following additions and
deletions:
1) Deletion of Item 11 - Discussion re Ryanwood Shopping Center
as they are in process of foreclosure and this will be put on an
agenda sometime in March.
2) Deletion of Item 12 - Acceptance of donation of Indian River
Boulevard R/W - 12th Street and 6th Avenue parcels.
3) Addition of discussion re the Courthouse roof.
4) Approval of emergency water from City of Vero Beach for
commercial property at 699 17th Street, whose well has been
contaminated due to a gasoline spill.
5) Appoint representative to Fellsmere Farms Drainage District
Advisory Committee to help them decide how to spend 1.7 million.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously added
and deleted items on today's agenda as described above.
FEB 2 6 1986 Boar 63
BOOK 63 Fr1GE 715
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of January 22,
1986. There were none.
ON MOTION by Commissioner Lyons, SECONDED by Commis-
sioner Bird, the Board unanimously approved the Minutes
of the Regular Meeting of January 22, 1986, as written.
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of February 5,
1986. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by Commis-
sioner Lyons, the Board unanimously approved the Minutes
of the Regular Meeting of February 5, 1986, as written.
CONSENT AGENDA
Chairman Scurlock wished to have Item C re the Cubit Engi-
neering Contract removed until he could get a figure re what
Federal Revenue Sharing is reduced down to now.
A. Out -of -County Travel
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously approved
out -of -county travel for the Commissioners and appro-
priate staff to go to DisneyWorld March 11-13, 1986,
to attend the Florida Forecast 186 Conference put on
by M.G.Lewis 8 Co, re the proposed Tax Reform Act.
B. IRC Nuclear Civil Protection Plan
The Board reviewed memo from the Emergency Management
Director, as follows:
2
TO: County Commissioners DATE: February 14, 1986 FILE:
County Administrator
Director, General Services
SUBJECT: Review of IRC Nuclear
Civil Protection Plan
, rector REFERENCES: Chapter 252, Florida Statue
FROM: Doug Wright
Emergency Management Governor Executive Order
#80-29 - IRC Resolution #76-84
The Indian River County Nuclear Civil Protection Plan has
been completed and is submitted for your review. Since the
plan is required to be in Tallahassee by March 31, it would
be appreciated if it could be placed on the agenda not later
than March 19, 1986, for formal commission approval.
ON MOTION by Commissioner Lyons, SECONDED by Commis-
sioner Bowman, the Board unanimously approved the
Indian River County Nuclear Civil Protection Plan.
SAID PLAN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD.
C. Cubit Engineering Contract - Aerial Survey
The Board reviewed memo of OMB Director Joseph Baird:
TO: Honorable Board of County DATE: February 19, 1986 FILE:
Commissioners
SUBJECT: Cubit Engineering
THROUGH: Michael Wright Contract for Aerial Survey
County Administrator
and
Tommy Thomas
Inter g ernmental Coordinator
FROM: Josep Baird REFERENCES:
OMB Director
The Honorable Board of County Commissioners, at the meeting of Nov. 27,
1985, authorized Cubit Engineering to perform an Aerial Survey of the barrier
island at a cost of $30,265.50. In the meeting of Dec. 4, 1985, the Honorable
Board of County Commissioners authorized Cubit Engineering to extend its Aerial
Survey 2300 acres North of the Wabasso Causeway for an amount.of $19,875.
3
63
L_FE 2 6 1986 aooK Fn, 716
BOOK 63 PAGE 1 1 7
Cubit Engineering has discovered that to complete the project, an additional
17 acres of topographic mapping will be necessary, which will equate to $144.50
to be added to the Contract. The total cost of Cubit Engineering's Contract will
be increased to $50,285.
,:CUBIT 'ENGINEERING CONTRACT
Approved at Board of County Commissioners Meeting of Nov 27, 1985
Aerial Photography $ 1,385.00
Topographic Mapping (23 line miles @ $1,225 per mile) 28,175.00
Topographic Mapping (83 acres @ $8.50 per acre) 705.50
Total Approved at Nov. 27, 1985 Meeting $30,265.50
Approved at Board of County Commissioners Meeting of Dec 04, 1985
Aerial Photograph, 325.00
Topographic Mapping (2,300.acres @ $8.50 per acre) 19,550.00
Total Approved at Dec. 04, 1985 Meeting 19,875.00
Additional Request
Topographic Mapping (17 acres @ $8.50 per acre) 144.50
TOTAL - CUBIT ENGINEERING CONTRACT $50,285.00 -
Funds for the Contract were to be transferred from Federal Revenue Sharing -
Reserve for Contin ency (102-199-584-99.91) to Other Professional Services
(102-110-515-33.193
FEDERAL REVENUE SHARING
Reserve for Contingency
Balance as of 02-19-86
(102-199-584-99.91)
Beginning Balance - Oct. 1, 1985 $143,584
Less Adjustments (10,300) e
Balance as of 02-19-86 133,284
RECOMMENDATION
Staff recommends the Honorable Board of County Commissioners authorize
Cubit Engineering Contract in the amount of $50,285 with funding to be trans-
ferred from Federal Revenue Sharing - Reserve for Contingency (102-199-584-99.91).
The Chairman noted our contingencies are getting low, and
although he felt he knew the numbers, he wanted this stated for
the record.
Administrator Wright advised that the amount left in Federal
Revenue Sharing contingency and cash carry forward is $188,439.
ON MOTION by Commissioner Wodtke, SECONDED by Commis-
sioner Lyons, the Board unanimously approved the Cubit
Engineering Contract (Abrams Aerial Survey Survey Corp.)
in the amount of $50,285; funding to be transferred from
Federal Revenue Sharing — Reserve for Contingency.
4
s � �
AB `MS AERIAL SURVEY CORPORA ON
p 124 North Larch Street, Lansing, Michigan 48901 • 517/372-8100
® 9700 Koger Boulevard, Suite 115, St. Petersburg, Florida 33702 • 813/577-3801
PHOTOGRAMMETRIC SERVICES AGREEMENT
Client: Indian River County Board of County Commissioners Contract Number 20283
1840 25th Street —
Vero Beach, Florida 32960
Attention: Commissioner Wodke
Project & Boundaries: Indian River County
.* Clients Pro ect MaPs IN FILE.
Standards: National Map Accuracy Standards.
Pages 3
Date December 9 1985
By _ —_Daniel G. Hu�he
Services & Fees:
1) Vertical Aerial Survey: -
111=A001 scale, 60% overlap, 6" camera, black and white film.,-
111=10001
ilm.1" 1000' scale 60% overlap, 6" camera, black and white film
2) Aerial Survey Prints •
Prncess and deliver one set of contact prints to
Abrams Control-Seler-tion n nartment —
Items.1 & 2 approximately 56 line miles of photography $1710:00
Terms: 30 nAVS NFT
�A API)roved as to form
r end k!"711 Su ficiency
Client t ra —
CI1a1I0S P. Vitunac
County Attorney
Inidran RIVdr"Oounty Board..of---Commissioners
Don C. Scurlock,, J Chairman
February 26, _ 1CMINT-------------
ESTIMATED TOTAL Adj/Lump $ 50 - 785.00
ACCEPTANCE
sign and return the original, retain the copy for your files.
_AbT, .9 P . al Su_,yey_.Co_Xp. of Florida ._
Ames F. Linn, Director Client Services
ABRAMS
THIS AGREEMENT IS SUBJECT TO THE GENERAL CONDITIONS CONTAINED ON THE REVERSE SIDE.
5
BOOK 63 pm',E 71.8
FEB,26- 1986 Boa 63 PnE 719
ABRAMS AERIAL SURVEY CORPORATION
Contract Number _ 20283 _
Page Number _ 3
Services & Fees: (CONTINUED FROM PAGE 1)
3) Ground Control Survey:
Annotate prints with vertical and horizontal
picture points necessary to compile area.
*Forward control prints to:
Mr. David M. Jones, County Surveyor
1840 25th Street
Vero Beach, Florida 32960
4) Topographic Survey:
"=100' scale with 1' contours.
*Deliver two sets of bluelines for sheet layout.
51 Afterpt-urn of layout scribe add title information
and deliver final drafted sheets printed in format
Fstimarea 23 line miles at $1,225.00 per line mile Ad'
Estimated 2400 acres at $8.50 per acre Adj.
$28,175.00
$20,40Q.00
D. DER/Army Cotes/DNR Permit Application - (Rey/Univ, of Fla.)
The Board reviewed memo of Art Challacombe, Chief of
Environmental Planning, as follows:
6
TO: The Honorable Members DATE: February 14, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS
SUBJECT: APPLICATIONSMIT
Robert M. Kea ' g, P
Planning & Developme t Director
FROM:
Art Challacombe REFERENCES: J. Rey
Chief, Environmental Planning DIS:MISC1
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 26, 1986.
D.E.R. DREDGE & FILL PERMIT APPLICATION
FILE NUMBER 31-115709
APPLICANT: Jorge Rey/University of Florida
WATERWAY & LOCATION:
The proposed project is located on the Indian River, at
Mosquito Impoundment #16, in the unincorporated portion of
Indian River County, adjacent to Vero Shores Subdivision.
WORK & PURPOSE:
The applicant proposes to install two (2) 24 -inch culverts with
flap -gate riser boards. The culvert installation is part of a
research restoration project funded by the D.E.R.
ALTERNATIVES AND ANALYSIS:
The Planning and Development Division reviews and submits
comments on dredge and fill applications to the permitting
agencies based upon the following:
The Conservation & Coastal Zoning Management Element of
the Indian River Comprehensive Plan
- Coastal Zone Management, Interim Goals, Objectives &
Policies for the Treasure Coast Region
- The Hutchinson Island Planning & Management Plan
- The Indian River County Code of Laws and Ordinances
- Chapter 16Q-20 F.A.C.
This project involves a re-establishment of a tidal connection
between Indian River County Mosquito Impoundment #16 and the
Indian River Lagoon. This will involve installation of two
24 -inch culverts with tide gates through the impoundment dike
into the lagoon. Installation of the culverts will allow for
the interchange of nutrients between marsh and estuary, and
will also provide a needed access to the marsh to fish and
macrocrustaceans and other organisms. The culverts should also
provide a flushing action that should result in improved water
7
,b
FEB ' ' �) 1986
sou 63 F". r 7�0
k
Bou 63 PAGE ( 1
quality ' and corresponding enhancement of conditions for
estuarine fauna and vegetation.
The proposed project conforms to the policies for wetland
enhancement by the County, Treasure Coast Regional Planning
Council, and State. Results from the study will contribute to
a further understanding of the interrelation between salt
marshes and the Indian River Lagoon.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners autho-
rize staff to forward a letter of no objection to the D.E.R.
regarding this project.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
staff to forward a letter of no objection to the
D.E.R. re the above research project.
PROCLAMATION - UNIVERSITY WOMEN'S WEEK
Chairman Scurlock read aloud the following Proclamation
recognizing the week of March 2-8, 1986, as American Association
of University Women Week and presented it to Nancy Groth.
Commissioner Lyons speaking as a member of the Library Board
thanked the Association for its help with magazines.
8
P R O C L A M A T I O N
WHEREAS, the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
has existed in Florida for 57 years and has branches in 61 cities
and a membership of over 7000; and
WHEREAS, the Vero Beach Branch has existed since 1964
and has 256 members; and
WHEREAS,' `the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
is an organization which promotes equity for women, education and
self -development over the life span and positive societal change;
and
' WHEREAS, the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
supports the advancement of women, involvement in community
issues and life-long learning; and
WHEREAS, the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
serves as a means. for women to be effective participants in the
arenas where crucial issues are being decided; and
WHEREAS,, the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
designates the Civil Rights Restoration Act of 1985 (HR 700), a
bill in Congress to restore basic civil and educational rights
that -formerly were protected by Title IX and other legislation
passed to prevent discrimination against minorities, the
handicapped and the aged, as its highest legislative priority;
and
WHEREAS, the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
is going into its second century as a national association; and
WHEREAS, the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
celebrates its heritage of working to eliminate discrimination in
this nation and bring greater equity for women in conjunction
with Women's History Week.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of
March 2 - 80 1986 be recognized as
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN -WEEK
in Indian River County, and urge all citizens to support the
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN in its efforts.
ATTEST: `AJ
X� ,
Freda Wright,
Clerk
Adopted February 26, 1986
9
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
G4ze X1,1A
Don . Scurlock, Jr.
Chairman
FAL 7`x'2
A:
FEB 2 6 1986 Boor. 63. PnUE 723
PROCLAMATION - MENTALLY HANDICAPPED WEEK
Chairman Scurlock read aloud the following Proclamation
stating that March 6-8, 1986 is to be officially observed as
Mentally Handicapped Week in Indian River County. The Chairman
presented same to Frank Julian representing the Knights of
Columbus.
ia
PROCLAMATION
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING
MARCH 6 THROUGH MARCH 8, 1986 AS
MENTALLY HANDICAPPED WEEK
WHEREAS, the Knights of Columbus, Vero Beach Council
5629, .will be conducting its annual Tootsie Roll Drive to help
the handicapped and mentally retarded citizens, on March 6
through March 8, 1986= and
WHEREAS, proceeds from the donations will be used by
the Knights of Columbus for local programs and activities such as
the mentally retarded workshop and special olympics program; and
WHEREAS, on a nationwide basis, the Knights of Columbus
Councils will be conducting, similar events during the same time
span; and
WHEREAS, with the help of many friends and local
organizations who have volunteered to assist the Knights of
Columbus in this year's endeavor, it is anticipated that the
proceeds generated will be far in excess of last year's total;
and
WHEREAS, it is altogether fitting and proper to
officially recognize this worthy cause, and to help create a
public awareness and appreciation for all those who will be
"aproned and canistered" on Marc:. 6 through March 8, 1986 and
most of all, for all those who will contribute what they can from
their hearts and pockets to assist the mentally handicapped;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in
regular session this 26th day of February, 1986, that March 6
through March 8, 1986 be officially observed as
MENTALLY HANDICAPPED WEEK
in Indian'River County, and that special recognition be given to
the dates of March 6 through March 8, 1986 in support of this
worthwhile endeavor.
Attest:
FREDA WRIGIIT, 'lerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
10
DON C. SCURLOCK, JR.
Chairman _
c
PUBLIC HEARING - RECREATE MINING ORDINANCE
The hour of 9:10 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 1-ce
in the matter of Min ctnj JE�'XcayaToOP-%
in the
lished in said newspaper in the issues of -Teti (oma) 11F, )C??c
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this /91 F66,-Vcr�04 A dayoia /'� w A.D. 19 s 6
(SEAL)
e
(Clerk of the Circuit Court, Indian River County,
NOTICE OF PUBLIC HEARING?'
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Indian
River County Board of County Commissioners,
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, February 26, 1986, at 9:10 a.m. to
consider the adoption of an Ordinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING
SECTION 25, GENERAL PROVISIONS,
OF. APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS
THE ZONING CODE, BY RECREATING
SUBSECTION 25 (R) MINING AND EX-
CAVATION: PROVIDING FOR CODI-
FICATION, SEVERABILITY, AND EFFEC-
TIVE DATE.
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 testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock, Jr.,
Chairman
Feb. 6, 18, 1986
Chief Planner Shearer made the following presentation:
11
FEB2 6 1986 Bov 63 Pj1GE 724
BOOK 63 R, CE 1 �5
TO: The Honorable Members DATE: February 17, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURtRENCE:
SUBJECT: ZONING ORDINANCE AMEND-
MENT TO RECREATE MINING
Robert M. ea i g, CP ORDINANCE
Planning & Deve op ent Director
F1304iKchard Shearer, AICP REFERENCEq;nin r
g Ord. 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 February 26, 1986.
DESCRIPTION & CONDITIONS
The staff is initiating a request to amend the General Provisions
Section of the Zoning Ordinance by recreating subsection (r) the
Mining and Excavation Ordinance.
On May 15, 1985, the Board of County Commissioners adopted an
Ordinance enacting a comprehensive amendment to the General
Provisions section of the Zoning Ordinance. This amendment
indicated that subsection (r) would be reserved rather than
retained. The Municipal Code Corporation interpreted this action
to repeal subsection (r). The new General Provisions Section of
the Zoning Ordinance, prepared by the Municipal Code Corporation,
does not include the Mining and Excavation Ordinance.
ALTERNATIVES & ANALYSIS
The planning staff does not feel that it was the legislative
intent to repeal the Mining and Excavation Ordinance and that it
was incorrectly deleted from the General Provisions Section by
the Municipal Code Corporation. However, after discussing this
situation with the County Attorney's staff, it was decided that
the fastest way to clear up this situation is to reenact the
Mining and Excavation Ordinance.
RECOMMENDATION
Staff recommends that the Board of County Commissioners reenact
subsection (r) of the General Provisions Section of the Zoning
Ordinance known as the Mining and Excavation ordinance.
Commissioner Wodtke asked whether by recreating this
ordinance, we are saying that we have not had a mining ordinance
since May of 1985, and Attorney Vitunac advised it is staff's
opinion that we always have had a mining ordinance. He ex-
plained that while the Code is evidence of what our law is, it is
not the best evidence; the best evidence is each ordinance as it
is passed by the Board. The County Attorney felt it was clear we
12
did not mean to repeal the mining ordinance; that was a mistake
with the codification in Tallahassee. If there was an issue from
May of 1985 to the present, we will be covered, but this will
solve it and make it clear for the future.
Planner Shearer further clarified that subsection 25 (r) had
always been the mining ordinance, and it was simply staff's
intention to keep that and the sign ordinance section intact.
Commissioner Lyons expressed the same concern as Commis-
sioner Wodtke because passing another ordinance gives him the
impression we never had a mining ordinance. He would prefer just
passing a Resolution regarding the fact that the codifiers left
it out of the Code Book.
Attorney Vitunac stated that the problem is that the
codifiers just deleted whatever was where they saw the word
"reserve." Actually, they were sort of led into it. However,
Attorney Vitunac believed the Minutes of this meeting will
reflect that we just intend to put it back the way it always has
been and still is.
Commissioner Wodtke emphasized that he just wanted it
reaffirmed that we always have had a mining ordinance, and this
was confirmed by Attorney Vitunac.
The Chairman asked if anyone present wished to be heard.
There were none.
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 86-20, which is a reaffirma-
tion of our Mining Ordinance which has been in
existence all along.
13 Boo 63 pnu r 7 ? 6
FEBs 8•
;�
BOOK 63 PACE7V
ORDINANCE NO. 86 - 20
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25,
GENERAL PROVISIONS, OF APPENDIX A OF THE CODE OF LAWS
AND ORDINANCES, KNOWN AS THE ZONING CODE, BY RECREATING
SUBSECTION 25 (R) MINING AND EXCAVATION; PROVIDING FOR
CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Indian River County previously had a Mining and
Excavation ordinance contained in subsection 25 (R) of the
General Provision section of the Zoning Code; and
WHEREAS, the General Provisions section of the Zoning Code
underwent a comprehensive amendment through the enactment of
Ordinance No. 85-44; and
WHEREAS, Ordinance No. 85-44 indicated that subsection 25
(R) would be reserved rather than be retained; and
WHEREAS, it was not the intent of the Board of County
Commissioners to repeal subsection 25 (R): Mining and Excavation,
through the enactment of the Ordinance No. 85-44; and
WHEREAS, the Board of County Commissioners desires to
regulate Mining and Excavation activities;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION 1
That subsection 25 (R) of the General Provisions section of _
the Zoning Code is recreated as follows:
(r) Mining and excavation.
(1) Definition. For the purpose of this ordinance,
"sand mining" shall mean the digging, stripping or
removal -by any process of natural materials or
deposits -from their natural state and location,
said materials and deposits to include rock,
stone, minerals, shell, sand, marl, muck, and
soil, but not including sod. Sand mining as used
herein shall not include digging for foundations,
fences, drainage ditches, structures or incidental
to construction work, wherein no materials are
removed from the premises, except surplus not
required for backfill or grading of the premises.
Mining shall be further defined to include oil
and/or natural gas drilling or excavation.
(2) Intent. The process of hydraulic mining lends
itself to an operation that need have little
effect or no adverse effect on ecological,
environmental or pollution characteristics. The
following is criteria to be considered in mining
or excavation activities as defined under the
Indian River County Ordinance # 85-45:
14
ORDINANCE NO. 86 - 20
a. Sand mining, conducted in conformance with
this ordinance, lends itself to virtually one
hundred (100) per cent recirculation of water
and does not contribute to either air or
water pollution. Sand mining need not have
any adverse effect -on adjoining properties.
b. Sand mining is a temporary use with no
adverse long range effect on the ultimate
utilization of the land for normal purposes.
C. Sand mining conducted in accordance with a
predetermined plan, lends itself to the
enhancement of land values; to total
reclamation of the land; to significant
contribution to water conservation and
storage without undue economic burden to the
operator.
d. Public policy of Indian River County shall be
that sand mining be conducted in a proper
manner that will best contribute to long
range public benefit within the reasonable
limits of economic feasibility as a normal
cost of doing business in the industry.
e. Indian River County shall promote the maximum
ultimate environmental, aesthetic and
economic values that can be produced at any
given site.
f. The promotion of increased water storage
facilities, such as lakes and connecting
canals, that can be and logically are,
created in this process; the increased
aesthetic quality of such lakes and
waterways; the increased development
potential; and, the related increase in terms
of taxable value; or the increased potential
for conservation and/or public recreation
areas, are clearly in the public interest and
proper concerns for public regulations.
(3) Permitted uses. Mining and/or excavation involves
relatively limited process of product preparation.
The following related activities shall be
permitted:
a. The clearing of land and stripping of
overburden necessary to reach the deposit.
b. Excavation and/or extraction of the desired
aggregate.
C. Washing, grading and stockpiling of
materials.
d. Diking, channel digging and drainage as
necessary to.store, retain and circulate
water and to interconnect mining pits.
e. Related activities serving the above..
(4) Areas, boundaries and zoning classification.
These provisions shall apply to sand mining
operations, where -ever conducted, and shall be
considered to be a use requiring an administrative
permit in the A-1, Agricultural District.
15
soo
2 6-1986 BOOK. rrp.J�
BOOK 63 PAGE 199
ORDINANCE NO. 86 - 20
(5) Permitting. Any proposed new sand mining
operations shall file a mining site plan prior to
any work, for the approval of the Indian River
County Planning and Zoning Commission. A permit
shall not be Assued for any site plan exceeding
twenty (20) acres.
(6) Conditions of a permit.
a. The land surface shall be restored to a
condition which is in complete compliance
with the site plan for reclamation and
rehabilitation of the area. This shall be
done concurrently with the mining operation
of each calendar year. Mining shall not be
carried on within one hundred and fifty (150)
feet of the projected right-of-way line of
any existing or proposed public road nor
within one hundred and fifty (150) feet of
the outer perimeter of the land area. Where
a mining operation consists only of the
removal of a mound and does not consist of
lowering the elevation of ground below the
neighboring property, an exception to the one
hundred fifty (150) foot outer perimeter
setback may be permitted at the time of the
site plan approval. All slopes and banks
shall be sloped at a ratio of 3:1, graded,
and dressed up.
b. Permanent boundary corners with intermediate
stakes at minimum -interval of three hundred
(300) feet, and all limits of excavation
shall be staked, marked and maintained with
visible flags in the field, in accordance
with approved plans for permit.
(7) Provisions for continuing operation. Nothing
herein shall be construed as a requirement that an
operator df -'an existing sand mine shall cease
operations until a mining site plan has-been
approved, provided a mining site plan has been
previously approved and maintained.
(8) Review and findings by the Indian"River County
Planning and'Zoning Commission. Upon submission
of a miming site plan to the Indian River County
Planning and Zoning Commission, the commission
shall within thirty -(30) days, notify the operator
at a meeting of the commission, of its findings
with regard to compliance with these regulations
stating --the said commission's approval as
submitted; or, stating the commission's
disapproval and setting forth the reasons,
specifying the deficiencies that led to
disapproval, and setting a reasonable time for
correction of such deficiencies.
(9) [Operating permits.] The Indian River County
Planning and Zoning Commission shall, upon
approval of the mining site plan, order issuance
of an operating permit to the owner of the land
under his signature, and such permit shall be
issued, within ten (10) days after the
determination of compliance by the commission.
16
� s �
M M M
ORDINANCE NO. 86 - 20
(10) Filing fees.
a. The owner shall be required to file a fee
with the application in an amount to be
established by resolution of the board of
county commissioners.
b. There shall be an annual renewal fee of
one hundred dollars ($100.00) to be filed by
the owner of said mining operation. The
county shall inspect periodically, and at
least once per year, the sand mining
operation in order to determine the said
operation's conformance to the intent of this
ordinance.
(11) Bond. The county administrator after sufficient
review and prior to forwarding the mining site
plan to the county zoning commission shall
establish the amount of bond, which bond shall be
conditioned upon compliance with the site plan as
approved. In the event of failure to comply with
the site plan and this ordinance, this shall
result in forfeiture of the bond to the board of
county commissioners of Indian River County,
Florida. The bond shall be one thousand dollars
($1,000.00) per acre, with a minimum of five
thousand dollars ($5,000.00), not to exceed ten
thousand dollars ($10,000.00). For the purposes
of the bond requirement, the owner or his agent
shall divide the mining operation into phases, not
to exceed twenty (20) acres each, which shall be
shown on the site plan. When one phase is
completed and in conformance with the submitted
site plan, and in conformance with this ordinance,
the bond may be transferred to the next phase
under the site plan. This process shall be
continued through the completion of each mining
operation. Only one twenty -acre phase shall be
mined at a time. _
(12) Permit revoked. Operating permits, as defined in
paragraph (9), may be suspended by the county
administrator in the event of the operator's
noncompliance with the approved mining site plan
upon due notification of reasons for the
determination of noncompliance and provision of
reasonable opportunity for correction of the
deficiency. All mining operations shall stop
during the period of suspension.
(12a)Appeals. Any person receiving written notice of
suspension of the operating permit from the county
administrator may within fifteen (15) days
following the date of such notice enter an appeal
in writing to the board of county commissioners of
Indian River County, Florida. Such appeal shall _
state the location of the property, the date of
.the notice of violations, and the number of such
notice. The board of county commissioners after
holding a hearing on this appeal may continue the
suspension, modify the suspension, revoke -the _
operating permit, or reverse the decision of the
county administrator.
No appeal filed later than fifteen (15).. days
after the date of such notice shall be acted upon
by the board of county commissioners, unless the
county administrator shall.consent thereto.
17
EES 2 ���� Boor 63 rn- 730
BOOK 63 pivit ,3
ORDINANCE NO. 86 - 20
(12b)Violations and penalties. Any person, firm or
corporation, or anyone acting in behalf thereof,
who shall violate or fail to comply with any of
the provisions of this ordinance shall be guilty
of.a misdemeanor punishable as provided by law.
Each day after the first seven (7) days that a
violation of this ordinance is continued or
permitted to exist without correction shall
constitute a separate offense. The board of
county commissioners may enforce the provisions of
this zoning ordinance by seeking injunctive relief
or any other remedies provided by law.
(13) Annual progress report. The operator holding a
valid operating permit shall file, on or before
October 1 of each year, a written report with the
planning and zoning.commission reviewing the
reclamation progress for the preceding calendar
year and identifying lands expected to be mined
and lands planned for reclamation during the
current year.
(14) Effect of failure to'file annual progress report.
Failure to file the required annual progress
report shall be grounds for suspension of the
operating permit; however, an extension of time
for filing may be granted by the planning and
zoning commission upon request and for reasonable
cause.
(15) Applications for permits. Applications for
permits shall be submitted in accordance with the
provisions established by resolution of the board
of county commissioners.
SECTION 2
CODIFICATION
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
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.
18
® e r
ORDINANCE NO. 86 - 20
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon .
receipt from the Florida Secretary of State of official
acknowledgement 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 26th day of February 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By G'
Don C. Scurlock, Jr.kYhairman
Commissioner Bowman stressed that she wanted to see the
mining ordinance rewritten as she believed it is totally
unacceptable in this day and age. She further felt we have to
visit the factors of sea level and salt water intrusion.
Director Keating noted that staff realizes it is inadequate.
Administrator Wright stated that if the Board wishes to open
up the matter of the mining ordinance, which is a highly contro-
versial issue, staff would like to have specific instructions
from the Board.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Lyons, the Board unanimously directed
staff to readdress the Mining Ordinance.
WATER SERVICE TO COMMERCIAL PROPERTY - 17TH STREET
Administrator Wright reviewed the following letter and memo:
19
FEB2 6.1986 BOOK 63 FacE 7.32
F'FER 2 6 1986 BOOK 63 mg 733 1
TO: THE BOARD OF COUNTY
COMMISSIONERS
DATE: FEBRUARY 26, 1986
THRU: MICHAEL WRIGHT SUBJECT: WATER SERVICE TO
COUNTY*ADMINISTRATOR COMMERCIAL
jPROPERTY AT 699 -
VIA: TERRANCE G. PINTO � 117th STREET
DIRECTOR, UTILITY SE VICES
'LETTER FROM BETTY
REEVES DATED
FROM: JEFFREY A. BOONE 2-21-86 ATTACHED
ENGINEERING OPERATIONS MANAGER HERETO
BACKGROUND
The owner of the Commercial Property located at 699 - 17th Street, which
is in the County's Utility Service Area, has requested that water service
be provided by the City of Vero Beach.
ANALYSIS
There is no County water service available to the site, the nearest
County water main runs along the 6th Avenue Right -of -Way some 520 feet
away. However, located along 17th Street there is 'a City of Vero Beach
water main adjacent to the subject property.
10
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners authorize
releasing the subject property from the County Utility Service Area. The
attached letter has been prepared for your signature to expedite this
matter.
LH4
February 21, 1986
Tem Pinto, Director of Utilities
Indian River County
County Administration Bldg.
Vero Beach, FL
Dear Mr. Pinto:
I oval an office building, having five tenants, located at 699 17th Street,
Vero Beach, FL, property being in the county. Present utility service
of building - s by yell and septic tank.
Do to the recent spillage of an estimated 14,000 gallons of gas into the
ground at the Amoco Station, which is approximately 400 feet west of my
n-cpera-y, I have requested utility service from the City of Vero Beach.
City Auger John Little has approved the request and Mr. Hillman Goff
states it will be necessary to obtain a letter, signed by the Indian River
C =ty Board of County Commission chairperson, releasing our property
front the amity service area in order to proceed with the connection.
I enclose a mop obtained from Mr. Goff showing the city -fluter lines in
relation to our property.
I'm very anxious to proceed with this effort and will appreciate your
assistance in expediting the required written release.
Sincaerely #
Betty A. s 20
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
authorized the Chairman to sign the letter
releasing the subject property from the
County's Utility Service Area, as follows:
Telephone: (305) 567-8000
February 26, 1986
Suncom Telephone: 424-1011
Mr. John Little
City Manager
City of Vero Beach
PO Box 1389
Vero Beach, FL 32961-1389
RE: COMMERCIAL PROPERTY - 699 17th STREET
RELEASE FROM INDIAN RIVER COUNTY UTILITY SERVICE AREA
Dear Mr. Little:
It is our intent to honor the request to release the subject property
from the County's Utility Service Area, since County water service is
not available. Please accept this letter as authorization to allow
the subject property to connect to the City's water main which is
adjacent to the property. The Board of County Commissioners approved
this request during the County Commissioners meeting on February 26,
1986.
Sincerely,
Cd
Don C. Scurlock, Jr.
Chairman, Board of County Commissioners
APPOINT REPRESENTATIVE TO FELLSMERE DRAINAGE DISTRICT ADVISORY
rd7.TTRrfi.Tnd
Administrator Wright advised that the Fellsmere Farms
Drainage District has received 1.7 million from St. John's River
Water Management District for the sale of their land. They would
like to have some recommendation on how they should spend this
money so they are appointing an advisory committee and want to
have -representation from a Fellsmere city official and also a
21
FEB2 6 1986 BOOK 63 i,,, F '73
FEB96 19% 63 735
county representative. This committee will be strictly advisory,
and the ultimate decision will be made by the Directors of the
District. The Administrator believed the District covers the
northwest area of the county, encompassing the City of Fellsmere,''
and stopping somewhere between Fellsmere and 1-95.
Commissioner Bowman noted that this is in her district, and
she volunteered to serve on the committee.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
appointed Commissioner Bowman to act as the
County's representative on the Fellsmere Farms
Drainage District Advisory Committee.
PROPOSED ZONING CHANGE TO ACCOMMODATE RADIO TOWER AND PARK
Commissioner Lyons referred to the following letter from
WGYL :
•S
February 19, 1986
THE TREASURE COAST'S NUMBER ONE STATION
1500 20th Street - Vero Beach, Florida 32960
Telephone (305) 567-8366
Michael Wright, County Administrator
Indian River County
1840 25th street
Vero Beach, Fla 32960
Dear Mike,
As you requested, here is a formal letter requesting a
zoning change for the plot of land the WGYL FM radio tower
now occupies.
As discussed with you yesterday and as discussed with
Commission Chairman Doug Scurlock and commissioner Pat
Lyons, the land appears to be perfectly suited for this
type usage, perhaps in conjunction with a passive
recreational usage. Enclosed are copies we received 'of
soil and underlying material findings after we had leased
the property from the county. As you can see, it is loaded
with soft soils, debris and trash in some places as deep as
30 feet. Placement of permanent buildings of any size is
thus apparently not suitable for this location.
22
It is our thinking that this area is a perfect location for
radio towers which are currently allowed only in
Agricultural Zoning as we read the Master Land Use Plan and
zoning ordinances.
Th -u s, we are asking the county to initiate a change in
current rulings as soon as possible in order to allow us to
improve our existing tower or install a new tower, to the
FAA allowable height of just under 500 feet.
Sincerely,
Aete Noel
Program Director
Commissioner Lyons noted that in the old dump area over by
1st St. and Old Dixie, we have given permission for some radio
stations to put in towers. Subsequently that area was changed on
the Comprehensive Plan, and now when WGYL wants to raise the
height of their tower, they are non -conforming and can't do it.
Commissioner Lyons continued that the more he -look at at this
area, the more it seems it really isn't too suitable for anything
and won't be for quite a while. He, therefore, felt we should
find a way to make it possible for them to increase the height of
their tower, and in doing so, develop that land into some sort of
a park area, not only because it won't be buildable for many
years but because we also have some liability as it appears it
is being used in an uncivilized fashion, and we aren't able to
keep people out of there.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bird, to direct the Planning
Department to look at how best to change the
Plan to accommodate the suggestions made above.
Chairman Scurlock clarified that the liability referred to
is that bikers are in there speeding all over with no supervi-
sion. He agreed if some passive use, such as a jogging trail
could be created with no structures, it would provide a good use
of the area and would stop them from shooting out the tower with
23
i B 2 6 1986 BOOK 63 ;A:E 7,
FEB 2 6 1996 Boas 63 pn� F_ ?3 7
pistols and rifles. He believed a recreational activity like
this would fit under Agricultural.
Commissioner Bird stated that he and Intergovernmental
Relations Director Thomas will go look at this site, and Director
Keating advised that staff can bring in a county -initiated
request to rezone the area to Agricultural, which would allow
towers.
THE CHAIRMAN.CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
PRESENTATION - SALT MARSH IMPOUNDMENT MANAGEMENT PLANS
Douglas Carlson, Chairman of the Governor's Technical
Subcommittee on Managed Salt Marshes, and Grant Gilmore, a member
of the Technical Subcommittee, came before the Board to give a
presentation entitled "Developing and Implementing Salt Marsh
Impoundment Management Plans Benefitting Mosquito Control and
Natural Resource Enhancement" as requested by the Pelican Island
Audubon Society.
Mr. Carlson informed the Commission that this is a process
which has been set in motion through the Governor's office and is
currently being carried out largely through the Technical
Subcommittee. Mr. Carlson stated that he has been in close
working contact with Environmental Planner Art Challacombe over
the last several years, and he wished to compliment the Board and
Mr. Challacombe for their handling of the impoundment management
issue so far.
Mr. Carlson then addressed impoundments and how they work,
explaining that low salt marshes are flooded by daily tidal
fluctuations and do not produce mosquitoes. High salt marshes,
which are only flooded by seasonally high tides and rainfall, are
the ones which produce salt marsh mosquitoes as the mosquitoes
lay their eggs on moist soil but not on standing water. Along
the Indian River lagoon from Volusia to Martin County, there are
24
approximately 30,000 acres of impoundments, of which 16,000 acres
are within the Merritt Island National Wildlife Refuge.
Practically all the impoundments outside of the refuge are
privately owned. Research has shown impoundments are a very
effective method of controlling mosquitoes, but it also has shown
that this isolated marsh definitely is a functional loss for the
Indian River Lagoon system. The practice of impoundment has had
some environmental liabilities; it can interfere with the
exchange of organisms, and also excessive flooding can kill the
high marsh vegetation, which leads to an unproductive system.
These estuaries also play a role in offshore fisheries.
Mr. Carlson continued that the need for multi purpose
management encouraged the formation of this Technical Sub-
committee, which was formed in 1983. Prior to its formation,
various environmental groups were encouraging the breach of
mosquito impoundment dikes, but this was not acceptable to
Mosquito Control agencies. Compromise management methods are
needed which benefit both Mosquito Control and environmental
interests. The research project undertaken in 1982 is still
going on, and the total bill for this research is approaching 2
million dollars. This research is showing that impoundment
management for fish and wildlife enhancement is possible, and in
fact, can be very compatible with mosquito control objectives.
Mr. Carlson informed the Board that there is a 50 acre impound-
ment located on the barrier island at the St. Lucie/Indian River
border that has received more study than possibly any such area
on the east coast of the United States, and it shows how a
productive unimpounded high marsh can become relatively
unproductive after impoundment and then be returned to an
integral part of the lagoon ecosystem.
Mr. Carlson introduced Grant Gilmore, an icthyologist with
Harbor Grant Foundation and an expert on salt marsh fisheries on
the east coast of Florida.
25
FEB 2 6 1986 Boa 6-3 r,�c,c 738
FEB 2
t. 1986
BOOK 63 FALPl T39 I
Mr. Gilmore confirmed that much of what they know regarding
the natural ecology of marsh systems prior to impoundment has
been learned from studies conducted at the impoundment on the
south border of Indian River County mentioned by Mr. Carlson.
Harbor Branch participated in these programs with other agencies,
and personnel of the Foundation have spent three man years of
time in the field conducting these studies. Mr. Gilmore then
presented slides showing some of their results. He displayed a
diagram of natural marsh and impounded marsh and noted that after
the impoundment, they had a reduction in the number of fish
species. Mr. Gilmore then displayed pictures of fish, explaining
that the resident species are those that breed in the marsh;
transient species are those which do not breed in the marsh but
use the marsh as a nursery ground for the juveniles. When these
areas were impounded, the species which were impacted adversely
were snook, tarpon, ladyfish, and striped mullet, all of which
are sport and commercial fishes. Blue crab and shrimp also are
in the category of transients.
Mr. Gilmore informed the Board that principal interest
centers in how the fish migrate through these systems. He
reviewed what happens in the various seasons, explaining that the
maximum recruitment of transient species occurs in the fall when
the marsh is inundated. In the low water period, the snook
migrate out. The impoundments are now left open totally from
September to April because that is the lowest period for mosquito
breeding, but during the closed season, there is a flap gate
which does not open except at higher water levels. These flap
gates can manage water levels in the impoundment. Actually, the
design of the gate is not as important as having a culvert in the
right location as there are specific regions of the marsh that
snook seek year after year. Mr. Gilmore concluded by pointing
out that the research would not be possible in the county if they
did not have the whole -hearted support of John Beidler and the
Mosquito Control District.
26
Mr. Carlson believed that the Board can see from Mr.
Gilmore's presentation that impoundment management is an applied
science. He now wished to describe the permitting process to
allow this goal to be accomplished and how the Technical
Subcommittee fits in. Mr. Carlson felt it is very encouraging
that permitting agencies are now looking at total estuarian
benefits when evaluating projects and recognizing that frequently
the loss of some wetlands as a trade off for reestablishing
impounded marsh functions is equitable and, in fact, increasingly
necessary. Currently when a property owner requests a dredge and
fill permit for activities in or near an impoundment, the
permitting agencies are encouraging, and sometimes requiring, the
submittal of an impoundment management plan. Up to date, the
Subcommittee has reviewed 13 impoundment managements plans,
including Pine Island, which was one that was very favorably
reviewed. Mr. Carlson went on to explain the information
required in management plans, stressing that they must address
the mutual objectives of mosquito control, fish and wildlife, and
water quality enhancement, and the most desirable plans appear to
be those that mimic natural marsh functions.
Mr. Carlson then discussed rotational impoundment manage-
ment, which technique provides mosquito control and is compatible
with fish ingress and egress. He also discussed the area of
private ownership and emphasized that they are trying to coordi-
nate all permitting agencies, as well as streamline the submittal
and review process, in order to avoid the confusion that has
existed and encourage property owners to pursue the process. He
offered the Subcommittee's expertise to help review any such plan
submitted to the county.
Commissioner Lyons felt the Mosquito Control District should
be congratulated as this is a very important thing they are
doing, and he hoped that some way or another we can get everyone
to understand the importance of these marshes and of this river.
27
BOOK 63 740
Fill"'
FEB
2 6 1986
.
BOOK 63 FAGS
741
ORDINANCE
- COASTAL CONSTRUCTION BUILDING ZONE BOUNDARY, ETC_
The hour of 10:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a No{ ice 1
in the matter of COCC -fc+ � 0O.,S4ra(__1 i 0 n
in the Court, was pub-
lished in said newspaper in the issues of ;7 b 6) T� 9S b
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published'in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this day 1-carUnr A.D. 19_
•
�y (Bus'
AW
"�......
(Clerk of the Circuit Court, Indian River County, FI da)
(SEAL)
NOTICE OF PUBLIC HEARING
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Indian
River County Board of County Commissioners,
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, February 26, 1986, at 10:00 a.m. to
consider the adoption of an Ordinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA ESTABLISH-
ING A COASTAL CONSTRUCTION
;FEET LANDWARD OF THE COASTAL
CONSTRUCTION CONTROL LINE LO-
CATED IN THE UNINCORPORATED
PORTION OF THE BARRIER ISLAND IN
INDIAN RIVER COUNTY, FLORIDA; ES-
TABLISHING MINIMUM STANDARDS
FOR THE DESIGN AND CONSTRUC-
TION OF BUILDINGS AND STRUC-
TURES ON THE COASTAL BARRIER IS-
LAND AND IN THE COASTAL BUILDING
ZONE; PROVIDING FOR INCORPORA-
TION IN CODE, SEVERABILITY AND EF-
FECTIVE DATE.
A map of the proposed boundary Is available
at the Planning Department office on the second
floor of the County Administration Building.
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 testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.,
Chairman
Feb. 6, 18,1988
Assistant County Attorney Bruce Barkett reviewed staff memo,
as follows, noting that this includes the entire barrier island:
28
TO: DATE: FILE:
The Honorable Members February 12, 1986
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCFSUBJECT: INDIANRIVERTAL BUILDING COUNTORDONANCE
Robert M. Keatin , A
Planning & Devel pm' t Director
FROM: - 0--9-- REFERENCES:
Art Challacombe
Chief, Environmental Planning
7186 �
w
�oyMM�s r �'l'
IRC Coasta �uil P/,", ,,
DIS : ARTCHA `.' S'." _ .►0\
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on February 26, 1986.
DESCRIPTION AND CONDITIONS:
During the 1985 session the "Coastal Zone Protection Act of
1985" was enacted by the Florida Legislature. The provision of
this act requires all local governments with jurisdictions
fronting on the Gulf of Mexico, Atlantic Ocean, Florida Bay, or
Straits of Florida to establish a "coastal building zone" and
coastal building code. Within the designated zone increased
minimum standards for construction of major habitable
structures will apply. As prescribed in this legislation,
local governments have two basic responsibilities:
1) implement new building code requirements for coastal
areas; and
2) delineate the geographic boundary of the coastal building
zone for their respective jurisdictions.
On November 22, 1985, the Community Development Department
received a memorandum from the Florida State Department of
Community Affairs notifying Indian River County that Florida
must establish a coastal building zone and code by March 1,
1986.
ALTERNATIVES AND ANALYSIS:
The proposed ordinance delineates the coastal building zone for
the unincorporated portion of Indian River County. Because the
area affected by the legislation is a coastal barrier island
fronting the Atlantic Ocean, the County coastal building zone
is to be measured 5,000 feet landward from the Coastal
Construction Control Line (CCCL.) Coastal barrier islands are
defined as geological features which are completely surrounded
by marine waters and that front upon the Gulf of Mexico,
Atlantic Ocean, Florida Bay, or Strait of Florida.
The 5,000 foot measurement is a requirement of the legislation;
however, the County may elect to include the entire barrier
island under the requirements of the coastal building zone.
If the County fails to adopt a coastal building zone, it may be
subject to sanctions by the Administration Commission.
The enclosed attachments generally depict the location of the
proposed coastal building zone for the unincorporated portion
of*the County. Essentially, the entire island area south of
the City of Vero Beach and most of the area north of the City
29
E E B 2 6 186
BOOK 63 FmUE 743
limits are within the coastal building zone boundaries. Of the
area that is not within the boundaries, most of it is a wetland
mosquito impoundment and is designated as Environmentally
Sensitive on the County Comprehensive Plan.
The proposed ordinance also establishes minimum standards for
the design and construction of buildings and structures within
the coastal building zone. The proposed standards specifically'
impose more stringent requirements regarding foundation design,
wind and wave loads, and minor structures in order to reduce
the harmful effects from disasters occurring within the coastal
building zone.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
the Coastal Building Code Ordinance.
Chairman Scurlock asked if it is really 5,0001, and Attorney
Barkett believed that is the interpretation. He noted that all
building requirements applicable to the coastal building zone
also apply to coastal barrier islands, which he believed includes
the whole island within the coastal building zone. He stated
that the only choice the county has is if it desires that the
zone be wider than 5,0001.
Commissioner Bird inquired where the confusion arose
regarding a 1,500' setback as opposed to 5,0001, and Attorney
Barkett explained that the 1,500' would pertain only if you are
not on a barrier island.
In the ensuing discussion, it was noted that parts of the
barrier island in the unincorporated area are wider than 5,0001,
but it was also felt this issue has more or less resolved itself
since it seems no one is present to argue it.
Commissioner.Bird believed the people feel if this issue is
going to be resolved, it will have to be done through the
legislature. He asked if our ordinance is identical to the one
passed by the City.
Attorney Barkett advised that it does the same thing - it
establishes the zone and the building standards within the zone,
and he believed our standards will be identical the City's.
Chairman Scurlock assumed if a structure is damaged more
than 50% that it has to be built back to current standards, and
that was confirmed.
30
_ M
Commissioner Lyons wished to know where we get our informa-
tion about wave height, and Chief Environmental Planner
Challacombe -advised it is from the Flood Insurance Emergency
Management (FIMA) Maps which we were also required to adopt
through our Stormwater Management ordinance.
Commissioner Lyons asked if that includes wave heights for
various force hurricanes, and Planner Challacombe stated that it
does not, but he believed the DNR has an on-going study to
provide that information.
Commissioner Lyons pointed out that the ordinance says you
have to allow for the storm surge, and he was curious how we can
do a job with the proposed ordinance if we don't know this.
Commissioner Wodtke wished to know who will enforce this,
and Planner Challacombe advised it will be the Building
Department.
Director Keating noted that the Flood Insurance Administra-
tion uses their own determination to decide on the velocity or
"V" zone, and Commissioner Wodtke felt that is what we disagreed
with and, in fact, spent money to prove they were wrong.
Wayne Russ of the Building Department pointed out that this
ordinance has been thrust upon us with very little time to
prepare, and the only criteria we now have are the FIMA guide-
lines in conjunction with our local stormwater management
ordinance. Attorney Barkett confirmed that the DCA sent down a
model ordinance to suffice until they complete their studies.
Considerable discussion ensued regarding the minimum
elevation required being "above the elevation of the design
breaking wave crests;" the elevation of the building floor in the
"V" zones being 14' in the air; how that elevation is determined,
etc.; and Director Keating advised it is measured either from the
existing grade or the grade that is required to be set by the
flood standards we have.
The cost impact of this requirement on single family homes
and also the cost to the Building Department for enforcement came
31
BOOK 63 F":jf 744
LJE 8 2 6 1986
FEB
2 6
1986
Boa 63 FP,�E 745
up next, and Mr.
Russ advised that this would not involve too
much of a change of procedure. Basically, one or two family
dwellings in "A" or "B" zones, would have to redesign for an
increase to 140 mph wind design as opposed to 110 now. The
impact probably will amount to about 50, and the contractors,
truss manufacturers, etc., do not appear to feel it will be very
significant.
Commissioner Lyons believed it takes very little change from
what is being done now to hurricaneproof a house, and stated that
his questions have been answered as it appears we do have
something that is recognized as a standard.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously closed
the public hearing.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bowman, to adopt Ordinance 86-21 es-
tablishing a coastal construction building zone
boundary and establishing minimum building standards.
Commissioner Bird felt if every county adopts such an
ordinance, there will not be much pressure for the legislature to
change these requirements, but the Chairman felt after the
initial reaction, it was found that it was not that drastic.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
0
32
ORDINANCE NO. 86- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA ESTABLISHING A COASTAL -
CONSTRUCTION BUILDING ZONE BOUNDARY 5,000 FEET LANDWARD
OF THE COASTAL CONSTRUCTION CONTROL LINE LOCATED IN THE
UNINCORPORATED PORTION OF THE BARRIER ISLAND IN INDIAN
RIVER COUNTY, FLORIDA; ESTABLISHING MINIMUM STANDARDS
FOR THE DESIGN AND CONSTRUCTION OF BUILDINGS AND
STRUCTURES ON THE COASTAL BARRIER ISLAND AND IN THE
COASTAL BUILDING ZONE; PROVIDING FOR INCORPORATION IN
CODE, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, it is the express intent of the Florida
Legislature and of the Board of County Commissioners of Indian
River County that the sensitive portions of -the coastal area shall
be managed through the imposition of strict construction
standards; and
WHEREAS, the Coastal Zone Protection Act of 1985 [Sections
161.52-161.58, Florida Statutes (1985)] requires all local
governments with jurisdictions fronting the Gulf of Mexico,
Atlantic Ocean, Florida Bay, or Straits of Florida to establish
certain minimum construction standards applicable to the "Coastal
Building Zone" and the coastal barrier islands; and
WHEREAS, within this designated zone increased minimum
standards for construction of major habitable structures will
apply:
NOW, THEREFORE BE IT ORDAINED BY INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS that:
SECTION 1 - TITLE
The provisions contained herein shall constitute the Coastal
Construction Code for construction within the coastal building
zone in Indian River County and shall be referred to as the
"Coastal Code."
SECTION 2 - AUTHORITY
The Board of County Commissioners has authority to
adopt this ordinance through its general non -charter county powers
pursuant to Article VIII of the Florida Constitution and Chapters
125, 161, 163, 252.38, and 380 of the Florida Statutes, and all
other applicable laws of the State of Florida.
SECTION 3 - GENERAL
The purpose of the Coastal Code is to provide minimum
standards for the design and construction of buildings and
structures other than coastal protective structures and to reduce
the harmful effects of hurricanes and other natural disasters
ORDINANCE NO. 86-21 is on file in the Office of the
Clerk to the Board in its entirety.
33
L_ FEB 2 6 1986 BOOK 63 PtG 76
FEB Z 6 1986 BOOK 63 F,,cr- 747
PRESENTATION OF LIBRARY REPORT
Commissioner Lyons informed the Board that Dr. Cecil Beach
is a consultant of national stature and has done a number of
library plans. In addition, Virginia Grigg, Director of Library
Development in Tallahassee, is present today; she has been a
great friend to Indian River County, and Commissioner Lyons
wished to acknowledge her help. Members of the Library Committee
were also present.
Dr. Beach came before the Board to review his very compre-
hensive Library Organizational Analysis and Needs Assessment,
which report in its entirety is on file in the Office of the
Clerk to the Board. Dr. Beach first reviewed the study goals,
which are as follows:
to assess the current operations, governance, and facilities of
the Indian River County Library and the Sebastian Area County
i
j Library.
- to develop recommendations for improvements in governance
and organizational structure with a view to establishing one
county -wide library system.
- to develop recommendations regarding the initial operating
scope of such a county library system to include funding,
personnel, and materials.
- to develop recommendations for necessary improvements to
facilities both initially and long term, such recommendations to
include proposed site locations for new facilities.
- to develop a five year budget plan for achieving the recom-
mended initial operating scope.
- to develop a five year captial budget plan to support construc-
tion of initially required facilities improvements.
- to make recommendations for specific steps necessary to the
accomplishment of the recommended goals.
34
Dr. Beach noted that the study compared what is going on in
the county with various standards and used the International City
Manager's Association standards for operating libraries, which
are established standards that are being applied currently. Dr.
Beach then referred to the charts on Pages 9 and 10 which set out
what is needed to meet those standards for the current population
of Indian River County and for the population projected to the
year 2000. These charts are as follows:
INTERNATIONAL CITY MANAGERS ASSOCIATION
EXPERIENCE FORMULAS
CALCULATED FOR 1985 INDIAN RIVER COUNTY POPULATION OF 75,534
PROJECTION BY INDIAN RIVER COUNTY PLANNING AND DEVELOPMENT DEPARTMENT - 751534
CURRENT
NEEDED TO ACTUAL PERCENTAGE DEFICIT
"ITEM MEET STANDARD NO. OF STANDARD NO.
Books @ 2.5 per capita 188,835 78,335 41% 110,500
Buildings @d .6 sq. sf.
per capita 45,320 11,846 26% 33,474
Seats for readers @ 3
per thousand population
servered 228 88 38% 190
Staff @ 1 FTE per 2,000
population 38 18.5 48% 20
Staff work space @ 150
sq. ft. each 5,700 2,900 50% 29800
35
Bou 63 Fh,u-L 748
r,
MEOW -
1 ! r'S:,
INTERNATIONAL CITY MANAGERS ASSOCIATION
EXPERIENCE FORMULAS
63 PtH' 749
CALCULATED FOR 2000 INDIAN RIVER COUNTY POPULATION OF 140,310
BY INDIAN RIVER COUNTY PLANNING AND DEVELOPMENT DEPARTMENT
Seats for readers @ 3
per thousand population
servered 420 88 20% 332
Staff @ 1 FTE per 2,000
population 70 18.5 26% 51.5
Staff work space @ 150
sq. ft. each
10,500 29900 27% 7,600
Dr. Beach then proceeded to summarize his recommendations:
A.) Governance and Organization - This responsibility should be
d rect y—assumeT6y ffie county.. The library system should
operate as a consolidated system with branch libraries and
function as a department of the county government with the head
reporting directly to the County Administrator.
B.) Personnel - The position of County Library Director should
Se a newTy created position and advertised widely, although the
present librarians should be given consideration, and the salary
should be commensurate with the salary of other department heads.
Staff should be expanded immediately by 5 full time employees to
the level of 23.5 FTE. The Sebastian library staff should be
increased by 3 in the 1986-87 budget and another 3 in 1987-88,
and when the new Sebastian library opens, it should have a staff
of 8. All should be county employees with proper job
classification.
C.) Materials Collection - This needs to be brought up to 1.8
books per cape a—wTtfi much more emphasis on non-fiction. To
achieve this goal will require adding 17,000 books per year for
five years.
D.) Facilities - By 1987 construction should start on a new
T BraT'yFn__Vero Beach, and a new library for the Sebastian area;
a library for the South County by 1989; and for the West County
36
CURRENT
NEEDED TO
ACTUAL PERCENTAGE
DEFICIT
ITEM
MEET STANDARD
NO. OF STANDARD
NO.
Books @ 2.5 per capita
350,775
78,335 22%
272,440
Buildings @ .6 sq. sf.
per capita
84,186
11,846 14%
72,340
Seats for readers @ 3
per thousand population
servered 420 88 20% 332
Staff @ 1 FTE per 2,000
population 70 18.5 26% 51.5
Staff work space @ 150
sq. ft. each
10,500 29900 27% 7,600
Dr. Beach then proceeded to summarize his recommendations:
A.) Governance and Organization - This responsibility should be
d rect y—assumeT6y ffie county.. The library system should
operate as a consolidated system with branch libraries and
function as a department of the county government with the head
reporting directly to the County Administrator.
B.) Personnel - The position of County Library Director should
Se a newTy created position and advertised widely, although the
present librarians should be given consideration, and the salary
should be commensurate with the salary of other department heads.
Staff should be expanded immediately by 5 full time employees to
the level of 23.5 FTE. The Sebastian library staff should be
increased by 3 in the 1986-87 budget and another 3 in 1987-88,
and when the new Sebastian library opens, it should have a staff
of 8. All should be county employees with proper job
classification.
C.) Materials Collection - This needs to be brought up to 1.8
books per cape a—wTtfi much more emphasis on non-fiction. To
achieve this goal will require adding 17,000 books per year for
five years.
D.) Facilities - By 1987 construction should start on a new
T BraT'yFn__Vero Beach, and a new library for the Sebastian area;
a library for the South County by 1989; and for the West County
36
M M M
probably by 1995. A bookmobile service is not recommended as it
is believed branches will give better service.
E.) Location of Facilities - Ideally the new Vero Beach library
wouT0 6e—Tocate06etween downtown and 27th Avenue; the new
Sebastian library should be near the intersection of Fellsmere
Road and U.S.1; the South County library near the proposed South
Vero Square Shopping center; and a West County library should be
somewhere on SR60 west of Kings Highway.
F.) Operating Budget - It is recommended an annual county levy of
650,000 be established in FY 1986-87.
G.) Capital Budget - To build the facilities that have been
recommended, a capital improvement budget of 8.2 million needs to
be established, 6,3 million for facilities and 1 million for
purchase of materials. Library books have been established with
the state as a capital expenditure. They are also recommending
$200,000 to fund automation of the library. Dr. Beach noted that
they are recommending the 5 year capital improvement program be
funded by a 2-5 year levy as opposed to bonding, as being the
most efficient and least costly in terms of interest, or an
alternative might be a renewal of the 1� optional sales tax, or
possibly an impact fee.
Commissioner Wodtke discussed the figures presented in the 5
year plan for buying land, or a total of 11 acres. He believed
this land would cost 3-4 million rather than what was estimated.
Dr. Beach felt this very possibly was underestimated as they
felt some county land might be available. He felt they also may
have overestimated the building part as they went with $80 per
sq, ft., but Commissioner Wodtke did not feel that was out of
line.
Chairman Scurlock noted that he did not see anywhere in the
report identification of any user fees or revenue generated from
the activity, and he is a firm believer in user fees and making
such activities self-supporting.
Dr. Beach pointed out that state aid and federal aid require
a free library system, which means you can't charge for the cards
or to get in the door, but there are some things you can charge
for, i.e., the copy machine, and as we move forward with more
electronic data bases, he expected there will have to be some
charges worked out for that. However, it will not be possible to
pay for the library system that way; it, like the school system,
is an educational facility.
37
soon 03. Pr{ -j-L750
FV
FEB 2 6.1986.
BOOK 63 Fm E 751
Chairman Scurlock complimented the doctor on doing a very
professional report, but felt, re the finances involved, it is a
shocker of a report. He noted that the Finance Advisory Com-
mittee has discussed various funding possibilities, among them a
general obligation bond issue, possibly including some other
needs in the recreation area, but he emphasized that the county,
for the first time in its history, because of the pressure placed
upon it to move ahead with various activities, is faced with 1/2
a mill just to service our debt.
Commissioner Bird stressed that even though the Board goes
through extensive budget sessions yearly, line by line, and
nitpicks and deducts here and there to try to keep the millage in
line with the previous year, the millage seems to increase over
the year just to keep up with the required services, and Chairman
Scurlock agreed that is one reason the Finance Advisory Committee
suggested extension of the Beach Bond issue as that really would
not raise the taxing level, but just extend it, and right now we
have some of the most favorable interest rates we have seen.
Dr. Beach believed libraries are popular and that library
bond issues have had a very good record of passing a referendum,
and Chairman Scurlock concurred, especially in view of the fact
that our county has an extremely intelligent populace that has
demanded something above the normal re aesthetics, cultural
facilities, and recreation.
Commissioner -Bird inquired what our annual income from the
state and federal sources is for libraries, and Librarian Mary
Kiser stated that this year it is $23,000 from State Aid and
possibly some additional from grants.
Dr. Beach advised that the law allows 25% authorization, but
realistically you get about 12-13%. However, as your local
appropriation grows, that will grow also.
Commissioner Lyons emphasized that the library is a free
public service to everyone, and Dr. Beach felt most people look
at a library as part of the county's infrastructure.
38
M
Commissioner Wodtke commented that we now have an excellent
and conclusive report to hang our hat on, even though the figures
are shocking. He did agree the community has been responsive,
but felt perhaps the public might be happier with a library
system that is established as a separate taxing district and not
intertwined within the overall operating budget of the county.
He asked Commissioner Lyons what we do next.
Commissioner Lyons felt the first step would be for the
Board to accept the report, acknowledge that this is a draft of
what this county normally should have for a library system, and
agree to move towards a referendum. The second step would
involve the method of financing and location of the facilities.
Chairman Scurlock did not have any question that, from a
professional standpoint, the outline is what we should be doing;
however, whether this is acceptable to the community will only be
known when we go to referendum, and he believed you do have to
sell it.
Commissioner Lyons pointed out that before moving ahead at
all, the first step taken was to get Sebastian and Vero Beach to
agree to put their properties into this; now, if the Commission
can agree the proposed plan looks like the right thing, then it
can be presented to the people.
Commissioner Bird believed that Commissioner Lyons has
oversimplified. The report shows us where we are and where we
need to get to. Now, the tough part is how,long does it take to
get there, what the cost will be to get there, and what is the
best way.
Commissioner Lyons noted that the committee has some
guidelines already, and he is well aware of budget constraints.
Chairman Scurlock stated that he would suggest a motion to
adopt and accept the proposed report and recommend the advisory
committee get this into a.form to present to the electorate of
the county. As to just what should be included and the timing,
he would depend on the professionals.
39
EES 2 6 196 Bou 63 FaU 75.,
Fr'F-E B 2'6 1986 BOOK E3 PAUE 753
Commissioner Lyons emphasized that right now we are faced
with two libraries where people are practically standing on top
of each other, and he felt we will have to do something about
getting additional temporary space for them in the budget that
will be offered this year. Whatever we do re a third library,
Commissioner Lyons felt the first two are a must as soon as
possible, and he would like the Commission to agree to that as a
starting point so we have something concrete to present to the
public.
Discussion continued re materials, additional staff, and
space to house both the additional materials and staff, and
Commissioner Lyons agreed it obviously will be necessary to come
back with budgets that make sense for us relating to the physical
conditions we have to deal with. He noted that with more staff
we could have more operating hours and get more out of our
libraries.
Chairman Scurlock wished to correct the statement made on
Page 17 which brings up the possibility of the creation of a
dependent taxing district but also notes the current level of
taxation in the county is notably short of the 10 mill cap. He
pointed out that actually the dependent district is a part of the
overall millage cap; it would be within that 10 mill cap; and you
can't create an independent district for a library even though
you you can for a fire district.
Commissioner-Wodtke stated that he was willing to commit to
the extent that he feels the people in the community who have
been involved with this know best what kind of ultimate system
they want, and he also would accept the standards they have used.
He agreed we are at a point where we need to take something and
go with it, but it is a case of how fast we can afford to catch
up. Commissioner Wodtke also brought up the possibility of
rolling this in with recreation money, but felt it might be
better to have a vote on an issue by issue basis. He believed
the report showed a referendum in March of 1986.
40
- r
Commissioner Lyons clarified that was the original recommen-
dation and it now will have to move back to September. He did
believe we all realize we have catch up to do and agreed we must
be sure we have an adjustable rate of catch up; however, he felt
we must face the fact at the outset that we need two libraries as
quickly as we can get them.
ON MOTION by Commissioner Lyons, SECONDED by Commis-
sioner Wodtke, the Board unanimously accepted the
report as submitted to the Commission, as amended on
Page 17, agreed in principle to the recommendations,
and encouraged the Advisory Committee to move forward
in finalizing what will be placed before the voters.
ALTERNATIVE METHODS TO ALLOW GENERAL OFFICES IN RESIDENTIALLY -
ZONED AREAS
Chief Planner Shearer made the following presentation:
L
TO: The Honorable Members DATE: February 12, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: ALTERNATIVE METHODS TO
ea
Robert M. Kedting,,IaCP ALLOW GENERAL OFFICES IN
Planning & Development Director RESIDENTIALLY -ZONED AREAS
FROM- i�� REFERENCEen. Off./Resid
Richard Shearer, AICP .-Zoned
Chief, Long -Range Planning Areas/RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 26, 1986.
DESCRIPTION & CONDITIONS
The Planning Department has prepared two alternative amendments
to the zoning ordinance which would allow general offices in
selected residentially -zoned areas.
On January 9, 1985, the Board of County Commissioners and Plan-
ning and Zoning Commission held a joint workshop to discuss the
possibility of allowing offices as a special exception use in a
41
FEB 2 6 1986 BOOK 63 Pq't754
Fr__
FEB 216 1986
BOOK 63 rW.)L 755
few multiple -family zoning districts. The general consensus of
individuals at the workshop was that the County should permit
offices as a special exception use in multiple -family districts
abutting arterial streets. Moreover, some individuals felt that
offices should also be allowed as a special exception use in
single-family zoning districts that abutted arterial streets and
there was discussion about allowing offices along collector
streets and permitting accessory retail sales in conjunction with
some of these offices.
On July 24, 1985, the Board of County Commissioners 'decided not
to amend the RM -6, RM -8 and RM -10 multiple -family zoning dis-
tricts to allow offices as a special exception use on properties
abutting an arterial street. The Board stated that the proposed
amendment was too broad and would allow offices along State Road
A -1-A which they did not feel was appropriate. The Board in-
structed the staff to look at this situation again and prepare
another proposal that would be more restrictive. In addition,
the Board wanted to know specific areas where this type of
development would be permitted.
On January 23, 1986, the Planning and Zoning Commission con-
sidered these alternatives and voted 4 -to -0 to recommend that the
County allow professional offices in some residentially zoned
areas along arterial streets and that this be implemented through
the creation of a professional office zoning district.
ALTERNATIVES & ANALYSIS
The staff has prepared two alternative zoning ordinance amend-
ments which would allow general offices to be established on
properties abutting arterial streets on the mainland.
The first alternative is to adopt a professional office zoning
district which would be considered consistent with the LD -2,
Low -Density Residential 2 (up to 6 units/acre), MD -1, Medi-
um -Density Residential 1 (up to 8 units/acre), and MD -2,
Medium -Density Residential 2 (up to 10 units/acre), land use
designations. The advantage of this alternative is that it would
give the County a lot of discretion as to where this zoning
district would be established. A disadvantage of this alterna-
tive is that it could result in spot zoning because individual
property owners could apply for rezoning for a small parcel that
could be demonstrated to be suitable for office development but
was surrounded by residential zoning. However, the spot zoning
problem could be alleviated by the County rezoning appropriate
areas for offices and not granting rezonings that were not
contiguous to these areas.
The second alternative is to amend the RM -6, RM -8 and RM -10
zoning districts to allow offices as a special exception with
specific criteria to regulate their development. An advantage of
this alternative is that it would lessen the chances of spot
zoning for offices because offices would be allowed in three
multiple -family districts. A disadvantage of this alternative is
that it would minimize the County's discretion as to where
offices could locate. For example, for a parcel of land located
on an arterial street with the appropriate multiple -family
zoning, an office would be allowed on the site if it could meet
the specific criteria required for offices.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends that the Board of
County Commissioners consider adopting a new professional office
zoning district to regulate office development in areas along
arterial streets and designated as LD -2, MD -1, MD -2, MXD or
commercial on the Comprehensive Plan.
42
Chairman Scurlock asked why this would be good in one place
and not another, and Commissioner Lyons asked why it would be
good at all:
Planner Shearer explained that staff was looking at it as an
alternative. He informed the Board that the City of Vero Beach
in their high density multiple family zone districts do allow
professional offices as a special exception use; also, in the
last couple years , they have created the professional office 6
institutional zoning district for areas along.SR60 and now are
applying it to 17th st. Staff felt this might be appropriate in
certain areas, for instance, adjacent to commercial nodes where
it would provide another means of buffering, and staff has
basically identified about three areas where this could be
implemented: On 17th Street east of U.S.1 and west of
Indian River Boulevard;
on SR 60 east of King's Highway, east and north
of the existing 160 acre commercial node; and
the Roseland area north of Sebastian on the east
side of U.S.1., where there are some very nar-
row parcels which back up to a mobile home park.
Chairman Scurlock wished to know what criteria you would use
to allow this for one parcel and not another as he did not want
to open up a Pandora's box, and Planner Shearer stated that it
would be looked at just the same as any other rezoning. He also
felt that is part of the reason to go with the zoning district
rather than a special exception.
The Chairman asked if there has been much pressure from the
community for this, and Planner Shearer advised staff has had
about ten to twelve inquiries.
Commissioner Lyons was of the opinion that this is in
conflict with our professed aim of grouping the commercial
districts together, but Director Keating felt staff is saying
that between the two extremes of commercial and residential,
there is a third one that has the characteristics of both. This
would allow some flexibility, and he felt the criteria is pretty
specific.
43
FEB 2 6 196 BOOK 63 PA,UE 756
BOOK 63 N,U I57
Chairman Scurlock did not feel this is any different than
strip zoning, and Commissioner Lyons agreed.
Discussion ensued re property on an arterial that does not
lend itself to residential. Commissioner Lyons believed we have
some pretty residential along SR 60, but Commissioner Bird felt
the office buildings that have been remodeled along SR 60 are
much more attractive than the rundown homes that were there.
Chairman Scurlock brought up the possibility of someone with
a large tract of land just spinning off a small piece for this
purpose. He envisioned one strip the length of U.S.1 and SR 60
with small office type facilities, and he did not agree with the
concept that you cannot have residential development along a
highway, especially as we already have some nice ones on U.S.1.
Commissioner Wodtke brought up the list of activities
allowed in the proposed zone, noting that it specifies profes-
sional people and it appears a retail drapery shop would not be
allowed but a decorator would.
Chairman Scurlock discussed occupational licenses as a way
to track this.
Commissioner Bowman felt the main issue is what do we need
most - more professional offices or more multi family rental
units.
Administrator Wright agreed there is a strong deficit of
multi family rental units, but land is so high in this county,
you can't develop -low cost multi family.
Commissioner Bowman noted that there is multi family on 17th
Street right across from where this is proposed.
Administrator Wright asked if the Board is saying they don't
want anything like what is being proposed.
Carolyn Eggert, Chairman of the Planning & Zoning Commis-
sion, advised that in the workshop it was felt this was needed.
She did not see this as a strip, but more in the nature of a
neighborhood node to be used in an area where we have unusual
problems; she did not believe we would be flooded with offices,
44
and she did feel they are protective of the single family. Mrs.
Eggert believed that if this is not needed now, it probably will
be in a year or so.
Commissioner Bird stated that he had some comfort in the
restrictiveness of the way this is worded.
Chairman Scurlock felt if too many neighborhood nodes are
sandwiched in, it would constitute a strip, and he also had a
problem with the criteria for saying yes or no.
Commissioner Wodtke stated that he would feel a lot more
comfortable if the areas where this will be allowed were decided
on before we authorize it. He and Commissioner Bird continued to
raise questions about the permitted uses and what exactly is
considered a professional office.
Chairman Scurlock suggested that staff come back with a
specific map before the Board takes any action, and Director
Keating agreed that staff can build in some more criteria and
standards and prepare a map.
ADMINISTRATIVE
GUIDELINES -
IMPLEMENTATION OF TRAFFIC
IMPACT FEES
The Board
reviewed memo
of Public Works Director
Davis:
45
19�� 1300K 63 F"c 758
Boos 63 _ wu 759
TO: The Honorable Members of DATE: February 11, 1986 FILE:
the Board of County Commissioners
THROUGH:
Michael Wright,
County Administrator SUBJECT:
Administrative Guidelines -
Implementation of the Traffic
Impact Fee Program
FROM: REFERENCES:
James W. Davis, P E.,
Public Works Director
DESCRIPTION AMID CONDITIONS ��'
To implement the collection of Traffic Impact in the County, staff has
prepared the attached administrative guidelines. Included in the policy is
general verbage explaining who pays a fee, how the fee is determined for
various land uses, credits to.the Impact fee in lieu of payment, and use of
the fees.
RECOMMENDATION
It is recommended that the attached guidelines be approved.
Commissioner Lyons did not understand why routine situations
in Fellsmere, Indian River Shores and Sebastian, have to come
through the Planning 6 Development Division.
Director Keating clarified that his Division will have the
responsibility of determining the fee, but they will give the
municipalities all the forms and information on exactly how to do
these things.
Commissioner -Lyons also had a question re tracking that this
money goes to the right account, and Director Keating explained
that there are nine zones; each zone is subclassified as to
incorporated or unincorporated, and we have a separate form for
each zone and each category. There will be four part receipt
forms.
Commissioner Lyons just wished to be sure we have an ade-
quate paper trail, and this was confirmed.
46
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Lyons that the Administrative Guide-
lines and Procedures for Implementation of the
Traffic Impact Fee Program be approved.
Commissioner Wodtke inquired whether a single family home
that is destroyed and rebuilt would have to pay a fee. It was
explained that unless something adds to the intensity of use of
the road system, you don't pay a fee, and this holds true whether
i -t applies to industrial, commercial or residential.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
(Said Procedures and Guidelines are on File in the Office
of Clerk to the Board.)
FELLSMERE AMBULANCE SERVICE - REQUEST FOR ASSISTANCE
Mrs. D. Brooks, President of the Board of Directors of the
Fellsmere Volunteer Ambulance Service, Inc., came before the
Board on their behalf, as explained in the following letter:
FELLSMERE VOLUNTEER AMBULANCE
SERVICE, INC.
February 13, 1986
Indian River County
Board of County Commissioners
1340 25th Street
Vero Beach, Florida 32960
Dear Sirs:
FES '"86
Fit E � Eris
GeneraF
t Servicesi
Last year when the Fellsmere "Olunteer ambulance Service
was created, the County Commission saw fit to assist us
in obtaining radio equipment through the Federal C S A
47
�FEB 2 6 1986 eoas 63 r760
ME
F E 8 2 6 1986 sm 63 rw 7ro ,
contract. As I understand it, title to the equipment re-
mains with the county. We are very appreciative of your
action.
At the official meeting; of our Boa.rd of Directors on
February 11, 1986, it was agreed to purchase our second
ambulance unit. This was made possible by the generosity
Of citizens in the northwest portion of our county during
the recent fund drive, and a "matching offer" by Fellsmere
Farms Management Co. It is our expectation to have the
new unit in town by March 8, 1946 and operational by April
1, 1986.
The attached estimate from Communications of Vero Beach,
outlines the cost factors involved. Would the Commission
consider financial assistance, as employed with our first
unit?
Res ectfully and Sincerely,
Duncan A. Chalmers
Treasurer and Finance Director
COMMUNICATIONS SYSTEMS PROPOSAL G E N E R A L "; v E L E C T R I G
COMMUNICATIONS INTERNATIONAL. INC. AUTHORIZED SALES AND SERVICE
PHONE: (305) VERO BEACH PALM BAY MOBILE RADIO
569-5355 725-8882
•O: Fellsmere volunteer Ambulance Service, Inc. ATTN: Mr. Chalmers
P.O. Box 525
PHONE:
Fellsmere, F1 32948 DATE: 2/13/86
-
ITEM OTY. MODEL • EQUIPMENT DESCRIPTION UNIT TOTAL
PRICE PRICE
1 1 N5Al2 16 channel 25 watt UHF mobile radio 582.00 582.00
2 1 Vendor Rear Mic and adapter 106.00 NC
3 1 Vendor Ant 3 db gain 56.00 56.00
4 1 Vendor Installation 65.00 65.00
5 1 Vendor Custom programmer 50.00 50.00
EQUIPMENT PRICE 753.00
• TERMS: _—.. __.. - — - --- SALES TAX N/A
TOTAL PRICE
DEPOSIT
BALANCE 753.00
` PRESENTED BY: _
BALANCE DUE UPON INSTALLA PREVipfls�'-J- �%� -.' --- -- --
WRIITEN ARRANGEMENTS ARE FADE. ��Pinnv: d ,r. to loan '+ TIraothT` __DarE,_ istant Manager
BUYER MUST CANCEL ORDER IN;, RITINIA' IND VAS�fAcicncyy / ACCEPTED BY•
201/6 RE -STOCKING CHARGE. �, r ( ) l/ n�E. �C I
�1 c.,...I . I . "..•....:c ? Iron -�- ScuT ock
r,n•:�. 2-26-86 'DE:� llairm;l
Coun,i r n
General Services Director Dean advised that Communications
International is on state contract; the equipment is compatible
with all ambulance services in the County; and it is used on the
state authorized medical frequencies.
Discussion followed as to approving the requested amount and
taking it from Federal Revenue Sharing, and Administrator Wright
suggested that we save Federal Revenue Sharing for the big sums
we have coming up.
Chairman Scurlock asked if we couldn't find $753 within one
of our existing budgets, i.e., Emergency Management because they
had some turnover that was unfilled for a while.
The Administrator believed we could find it there.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously agreed
to provide the Fellsmere Ambulance Service assis-
tance as requested and authorized the expenditure
of $753 for the above equipment, the funds to come
out of the Emergency Management budget.
REPAIRS FOR COURTHOUSE ROOF _& DISCUSSION OF COUNTY FINANCES
The Board reviewed the following staff memo:
49
FEB 2 6 1986 BOOK 6 3 U"JE 76?
BOOK 63. PvuF 763
TO: Mike Wright DATE: February 25, 1986 FILE:
County Administrator
A,
THRU: H. T. "Sonny" n Courthouse Roof Replacement
Director SUBJECT: Emergency Bides
General Services
L n Williams
uperintendent
F Buildings & Grounds REFERENCES:
Staff contacted four (4) local Roof Contractors for emergency bids
for the replacement of the Courthouse roof.
The Contractors were directed to inspect the existing roof and
conditions and prepare an estimate for the replacement of the roof
with a single -ply material similar to the Koppers material now
installed. -
Two contractors submitted bids and two either chose not to bid or did
not have time to prepare a bid.
Lucas Waterproofing submitted a bid of $33,000. This bid included
removal of the entire roof covering the north portion of the
Courthouse. The remaining portions of the roof will be applied over
the existing roof, except for areas where delamination has occurred.
In these areas, the old roof will be removed.
A galvanized sheet metal drip edge will be installed around the
perimeter of the parapet wall of the building.
The roofing material will carry a 12 year repair and replacement
bond.
Atlantic Roofing submitted a bid of $56,465.00. This bid included
removal of the entire existing roof, down to the deck (concrete).
Atlantic has bid Owens Corning roof system which carries a 10 year
manufacturers guarantee.
An aluminum drip edge or coping will be installed around all
perimeter walls. Both bids require the relocation of A/C.units by
separate contractors (not included) so the roofing can be applied
under the units.
It appears to me that Atlantic Roofing may have performed a more
thorough examination of the existing roof. They recommend removal of
the entire roof due to the fact that the insulation underlayment is
saturated with water. When I questioned Lucas about this he stated
that the areas holding water would be removed, but the remaining
areas posed no real problem to him or his manufacturer, U. S. Intec.
The warranties are separated by two years in length, with the Lucas
bid providing two additional years of coverage.
Both contractors stated work could begin within one to two weeks of
award of the contract.
Proposals are in hand and insurance certificates and hold harmless
clauses are available immediately.
50
Administrator Wright wished to talk about finances before
discussing the Courthouse roof. He informed the Board that we
have just about finalized our insurance problem in terms of
additional money we are going to have to come up with, and he
believed he now has a high side number. As we stand right now,
it seems we are going to need an additional $95,000 out of the
General Fund, which now is at $237,000. In the contingency funds
of the county's four major accounts, there is about 3/4 million
dollars, and insurance will take a bite in the neighbor of 1/4
million. The Administrator stated that he will defend the staff
because when we contracted the insurance agent, we were told to
expect a maximum increase of 15% and then they came in with 100%.
He did not wish to go into our problems with the agent at this
time, but noted we now are dealing with them strictly on a
written basis. Administrator Wright advised that if we take
about $100,000 out of the General Fund contingency, we will have
about $138,000 left, and he, therefore, felt we need to go with
the lesser amount on the Courthouse roof repair.
Chairman Scurlock believed it is time to put a freeze on all
purchasing, but the Administrator noted that the insurance actu-
ally is spread over three major accounts - the General Fund,
MSTU, and Federal Revenue Sharing.
The Chairman still felt it is time to stop everything - no
additional purchasing, no replacement of any personnel that turn
over. We must look within and find the money.
Administrator Wright stressed that a freeze on replacement
of personnel would cripple some departments; we have four
vacancies to be filled in Planning right now.
Question arose as to why so many of the women are transfer-
ring out of Planning, and Administrator Wright believed those are
four of the busiest positions in the building and that they left
for higher pay. Also, he.did believe we have to face the problem
of the Courthouse roof.
51
FES
%
2 6 1986 aooK i r� �C 1 6 4
FEB
2 6
1986
BOOK
3
PA:- 765
Chairman Scurlock noted
that he was not saying
do not
take
care of the roof, but that there shou.ld be a freeze on all other
items and they should be brought back to the Commission. He
pointed out that we are only halfway through the fiscal year.
Commissioner Lyons commented that the Board would just like
to help straighten out this situation; it is not a lack of faith
in the Administrator.
Administrator Wright did not have a problem with that, but
stated that he could tell the Board that we are still well within
budget. He also emphasized that no purchases have been made that
were not approved by the Board nor do we have any permanent
positions that were not authorized by the Board.
Commissioner Wodtke noted that we are now five months into
the fiscal year; he suggested we schedule a workshop, get out the
computer, and go through this just the same as in a budget
session to see just where we are.
The Chairman concurred and advised that he already had sent
a letter to the Administrator stating that we should have such a
workshop by the end of March.
Commissioner Wodtke felt we might find some capital items
still to be bid that we may have to hold off on, and Administra-
tor Wright advised that, as a matter of practice, the capital
items are held until the middle or end of the year.
Chairman Scurlock pointed out that the law says we can't
spend money we don't have.
Administrator Wright suggested that we go ahead and face the
Courthouse roof; leave the funding open; and staff will bring the
matter of the insurance back to the Board, but they do need some
time.
The Chairman agreed that we should let the Administrator get
all the facts and figures together and set up a workshop for the
end of March where we can come up with an approach.
Discussion returned to repair of the Courthouse roof, and
Commissioner Lyons expressed concern about having a galvanized
52
drip edge. He noted the amount of money involved just to get the
Courthouse looking decent is unbelievable.
Buildings Superintendent Lynn Williams did not think there
would be a big difference in price for aluminum drip edge.
i
Commissioner Lyons proposed a Motion to accept the Bid of
Lucas Waterproofing, but Attorney Vitunac pointed out that the
firms are not bidding on the same items - one is bidding on a
complete strip down and the other is partial.
Superintendent Williams reported that he talked to Lucas
Waterproofing again this morning re stripping the entire roof
off. They claim it isn't necessary; that they could guarantee
their roof without stripping off all the old roof, and it would
be $6,000 additional to tear off the entire roof.
Administrator Wright suggested that we go ahead and have the
entire roof torn off for the additional $6,000.
General Services Director Dean noted that we are going to be
in litigation on this and expressed concern as to how increasing
the bid to the larger amount of money might affect our recovering
those costs.
Attorney Vitunac believed our roofing people and the
Administrator feel it is best to get the soggy old roof out from
underneath the new one. There is a chance that if we go to court
with the former roofer, we may have to eat the additional $6,000,
but we are asking for a lot more money than just the cost of the
roof, and he felt the Board should have the roof done the way
they want it done.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Wodtke, to award the Bid for the Court-
house roof to Lucas Waterproofing Co., including
$6,000 additional to remove the complete roof, or a
total of $39,000; the drip edge to be aluminum rather
than galvanized.
53
BOOK 63 Fr1cC 786
FFPFEB 2
1986 Bou 63 F, c.uF_
„e No. of Pages
xx
L1J1110i17 YYN 1 r-mr-M iriNG wi., IItlV.
Contractors
Commercial Industrial Residential
2030 Old Dixie Hwy. S.E
32'.
VERO BEACH, FLORIDA 960
(305) 567.0625
PROPOSAL SUBMITTED TO
PHONE
Indian River County
76AZE
STREET
JOB NAME
1840 25th St.
Courthouse re -roof
CITY. STATE AND ZIP CODE
JOB LOCATION
Vero Beach, FL 32960
Vero Beach
ARCHITECT DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
Re -roofing the Indian River County Courthouse as
stated in the scope of work attached hereto as Exhibit "A."
The attached scope of work shall be done in a First Class workmanlike
manner and guaranteed for a period of )2 years by U.S. Intec, Inc., per
warranty specimen.
"The contractor, Lucas Waterproofing Company, Inc., does hereby agree to
indemnify and save Indian River County harmless from any and all claims,
liabilities, losses and causes of action which may arise out of contractor"
activity on the subject matter of this contract. The contractor shall pay
all claims and losses of any nature whatsoever in connection therewith, �
and shall defend all suits, at the County's request, in the name of the Courl
when applicable, and pay all costs and judgments which issue therefrom."
Please indicate your acceptance of this proposal by signing both copies and
returning the yellow copy to us for our records. Thank you.
i
1 1/2% service charge per month on account over 30 days past due.
App oved a• o orm
a _gal i le cy
B IJa
yes . Wilson
A t. County Attorney I
TOP Prop 1fit hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
THIRTY _NINE _THOUSAND AND NO/100--------•---•----------- dollars($ 39.000_Oil
Payment to be made as follows:
40% due upon storage of materials on roof. Z "%ue upon 50% complete_.
—
' 11Balance due upon completion. Z
All material rs guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above specifics•
tions involving extra costs wrli be executed only upon written orders. and will become an
extra charge over and above the estimate. All agreements contingent upon strikes. accidents
or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.
Our workers are fully covered by Workmen's Compensation Insurance.
Atrf;It4t re Of PrnVnBal —The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: _ ?_�_P ___
Authored
Signat
Note: This propos may be
withdrawn by us if not accepted within _ days.
Signature /
• DON -7; SCURLOCK, J . Chairman
Signature FREDA WRMAT , C l dfrl
•d+►+ rle-A �•,W�n�e! lase A....rr.' Yr.4 t&fV. lirjMn. nfrwn M.ms d1,ho
54
EXHIBIT "A"
SCOPE OF WORK
Indian River County Board of Commissioners
1.840 25th St.
Vero Beach, Fl. 32960
Re: Indian River County Court House
Re -Roof
1) Remove existing roofing from roofs and job site.
2) Prime concrete surfaces with asphalt primer including parapit
wall surfaces.
3) Install new cant strips at roof/wall junctons.
4) Install Brai Sp -4 heat fused directly to concrete substrate
and KMM on parapit walls.
5) Install new lead stacks, aluminum flashings at parapit walls
and termination bars at wall termination points.
6) A/C units removed and replaced on new supports by others.
7) Coat all Brai Sp -4 with aluminum roof coating.
The above scope of work shall be done in a First Class Workmanlike
Manner and Guaranteed for a period of 12 years by U.S. Intec, Inc.
per warranty specimen.
Discussion ensued regarding the warranty and who actually is
backing it, and Commissioner Wodtke asked if an inspection is
done by the warranty company after the roof is installed so they
can insure that it was properly installed.
Superintendent Williams explained that we put the same type
roof on the warehouse and the Courthouse Annex, and the tear -off
is photographed as it goes and it is inspected by the manufac-
turer before you get a warranty stating that it is guaranteed.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
.12TH STREET R/W ACQUISITION
Right -of -Way Agent Don Finney reviewed the following memo:
55
FEB2 6 IJ86
BOOK 63 mGE 768
BOOK 63 P,;E 759
TO: The Honorable Members of DATE:. ' . • r.
February 17 1986 FILE::,
The Board of County Commissioners -- :�-`+;=.;• � ��
THROUGH: • t,A�► ���,
Michael Wright,J
County Administrator SUBJECT:
12th Street-R/W Acquisition
James W. Davis, P.E. Purchase at appraised Fair
Public Works Director Market Value
Donald G. Finney, S.R.T.
FROM:'ght-of-way Acquisition AgentREFERENCES:
DESCRIPTION AND CONDITIONS
Armfield Wagner Appraisal & Research, Inc. recently appraised the
following parcels which the property owners are not willing to donate but
are willing to settle for the Fair Market Value as follows:
PaYne1#/OMEV "Mdth
R/GA Square Feet
AVXaised Value
Price pati' Etpare Fbot
#157 L. lads 11.5
1,150
$3,810
$3.00
(Pats Arta Parts Bldg)
iir.11 $360.
aqi alt, grass
#152 L. Iads 3.5
490
$2,184
$4.15
hiss Teats Bldg)
irrlu3es $150
asplilt, grass
#164 11.5
862
$3,534
$4.10
Merlyn Ridmdsm
(see Affidavit)
#155 & #155.1
B3bmck 1.5
175
$1,312
$7.50
(-, TAI
)
#154 Prix dtive 3.5
RqDtist Chm:h
1,006
$5,282
$5.25
GZYS Vb1ding 11.5 2,300 $7.935 $3.45
Mr. Guy will settle for $6,900 if the county will connect his open ditch to
the road drainage._
The following property was not appraised recently but the property owners
have agreed to settle as follows:
#148 & 148.1
Deas (to =er• parcels) 1,696 $10,000 $6.00
Staff recommends authorization to purchase the right-of-way properties at
the appraised values and purchase the right-of-way property (Keens) above
that has not been appraised but at which the settlement appears equitable
and in line with the properties that have been appraised.
• FUNDING
Indian River Boulevard project #305-214-541-66.12
56
� � i
Ac
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER:
Before me personally appeared the undersigned who, by
me being first duly sworn, deposes and says:
In compliance with the Florida Real Estate Law (F.S.
Chapter 475) and the Real Estate Full Disclosure and Settle-
ment Act, notice is hereby given that Parcel No. 164 is and
has been owned by my wife, MARILYN J. RICHARDSON FINNEY,
since 1977. That the County's initial _contact concerning
right-of-way acquisition of Parcel No. 164 was made March
1.985; that I was employed as the Right -of -Way Agent July
1985; that an independent appraisal was made Dec. 1985 to
determine the Fair Market Value and that I had no part in
the appraisal process, the analysis, conclusions, values or
opinions as set forth in the appraisal report.
That this disclosure is made in conformity with and is
subject to the requirements of the Code of Professional
Ethnic's and Standards of Professional Conduct of the
Society of Real Estate Appraisers of which I am and have
been a member since 1979.
�a O
DONALD G. FINNEY, SRA
VIAI
Ivor
2
Chairman Scurlock believed that we did quite a lot at Keen's
location; we built a major improvement to their area and that,
therefore, possibly this should be something less than market
value.
Commissioner Wodtke believed that Keens did contribute some-
thing, and R/W Agent Finney advised that Mr. Keen did say that he
donated right-of-way in the past, and originally he agreed that
he would donate this right-of-way if he got some compensation,
possibly a sewer line. Agent Finney continued that, after
checking with Utilities, he found the sewer connection would
amount to $10,000 plus, but we did say we will put a sleeve under
12th -Street so that we won't have to dig up that street later
57
F 2 X9 6 - BOOK 63 F -,,,E 770
FEB 2 6 1986
BOOK 3. 771
when the line goes in. The only other concessions Mr. Keen will
get will be to hook up his existing drain in the parking lot and
to flare the curbs in a radius rather than have a pointed curb at
his driveway accesses.
Chairman Scurlock asked if those are all things we wouldn't
have to do otherwise, and Mr. Finney believed we would have to
connect the existing drain into the U.S.1 system.
Chairman Scurlock stressed that he remembers the history of
this particular area, and he felt strongly that both this
Commission and the Variance Board have cooperated all the way
through and that we did everything we could in the design of the
roadway to make it easy and reasonable. He wanted this on record
because he keeps hearing the crying, and he doesn't buy it.
Some discussion followed re the figures on Mr. Finney's
memo, the fact that the Keen property was not appraised but the
value was felt to be in line, and the funding, which is to be out
of the Indian River Boulevard project.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously authorized
purchase of the right-of-way described above at the
prices listed.
APPOINTMENT OF ATTORNEY WILSON AS SPECIAL ASSISTANT STATE
ATTORNEY _
The Board reviewed the following memo announcing the
appointment of Assistant County Attorney James Wilson as a
Special Assistant State Attorney and accepted it for the record.
58
TO: Indian River County DATE: 'bruary 19, 1986 FILE:
Board of County Commissioners
4
FEB 19986 UBJECT: APPOINTMENT AS A
tiSPECIAL ASSISTANT STATE
mcnVo cc, ATTORNEY
EOARO eOElM"I
r,oMmISSIOHERS
w
�'�"� REFERENCES:
FROM: P.
Wilson
County Attorney
Bruce Colton, State Attorney for the Nineteenth Judicial Circuit,
has appointed me as a Special Assistant State Attorney to
prosecute certain County ordinance violations. This appointment
does not extend to enforcement of County ordinance violations
such as animal control violations, which are currently handled by
the State Attorney's Office. Instead, this appointment will
allow the County staff to pursue an alternative me.ans to force
violators of the technical and zoning codes into compliance with
the Code.
As you know, the Indian River County Code Enforcement Board's
enforcement power is limited to placing a lien upon the real or
personal property of persons found in violation of the technical
County codes. In some instances, this power is insufficient to
ensure compliance with County ordinances. On the other hand, the
county court has the power to impose either a fine or a jail term
upon violators, and can force affirmative action to correct
violations through the court's contempt power. The court system
provides a much more direct and expedient means of forcing
compliance in extreme circumstances.
County staff is currently evaluating existing cases to determine
which forum should be used to obtain an appropriate response and
we anticipate filing actions in the County court in the near
future.
It is my opinion that we should express our gratitude to Bruce
Colton for his cooperation and assistance in this matter.
LEASE/PURCHASE IBM EQUIPMENT - COUNTY ATTORNEY
County Attorney Vitunac reviewed his request, as follows:
59
FEB 2 6 1986
BOOK 63 Fra:UC 7 72
FEB 2 6 1966 BOOK 6.3 Fa.,c 7 7 3
TO: Board of County DATE: 2/18/86 FILE'
Commissioners .
SUBJECT: Lease/Purchase of IBM
equipment from existing
budgeted funds
BCC Meeting 2/26/86
FROM: REFERENCES:
Charles P. Vitunac,
County Attorney
The following is an itemized list of the IBM equipment which would be
necessary in order to change from Lanier to IBM word processors. This
equipment change will make the County Attorney's Office compatible
with other County departments and will be allow us to undertake the
involved process of rewriting the entire County Code. We propose to
lease/purchase this IBM equipment until the new budget year with the
lease payment being made from money which we presently have in our
budget and proceeds from the sale of our old equipment.
IBM DISPLAYWRITER SYSTEM
#6580 A04 Display Station
#6360 022 Dual Diskette
#7992 Workstation Cable
#2000. Printer Cable
#7997 Printer Sharing Feature
#5218 A04 Printwheel Printer
#7875 Automatic Feeder &
Envelope Handler
QTY. PRICE TOTAL
2@ $ 2,173.60 $ 4,347.20
2@
$
1,181.00
$
2,362.00
1@
$
83.60
$
83.60
1@
$
25.00
$
25.00
1@
$
142.88
$
142.88
1@ $ 2,070.00 $ 2,070.00
1@ $ 1,762.50 $ 1,762.50
TOTAL COST OF SYSTEM ON LEASE*
$10,825.18*
*48 -monthly lease payments of approximately $250 at 9.75% interest
with an option to buy out the lease at the end of any month.
#5608 TR4 Textpack 4
TOTAL CASH OUTLAY NOW
2@ $ 400 $ 800.00
**Software has to be purchased and cannot be leased.
$ 800.00**
Note: We will also be selling our two Lanier word .processors and
printers for approximately $2,000 each.
If ordered from IBM now, the system could be delivered here
approximately April 1, 1986.
60
R
Chairman Scurlock stated that he would go along with this as
he did see the need.
ON MOTION by Commissioner Lyons, SECONDED by Commis-
sioner Bowman, the Board unanimously authorized the
County Attorney to proceed to acquire the IBM equip-
ment as set out in the above memo.
REPORT ON EXPANSION OF UTILITY SERVICES
Chairman Scurlock reported that he and Utilities Director
Pinto have been meeting with the Sebastian group; they now have
the necessary amount of money for a study; and he will bring this
back asking for authorization at the next meeting. The Mayor has
indicated he wants to participate for the municipality as well.
Commissioner Bird inquired about our plans for providing
water service for Indian River Heights as we have a plant
practically in their back yard, and Director Pinto advised that
this is included in the master plan, but we do not have a
specific plan for it; if there is a demand or request, we can go
in on a petition basis.
The Administrator noted that staff has been authorized to
look at this in the Oslo Park area, and the Chairman believed the
bottom line is how much do we want to do in a mandatory program.
Commissioner Bird believed we are putting in a main line in
the area now, and he asked why, if it is feasible, we wouldn't
service them before we go further away.
Director Pinto noted that the policy is to take in new areas
based on someone asking for the service. If this is based on an
assessment, it is financially feasible, and if the Board asks him
to do this, he will look into it.
Commissioner Bird believed the interest is there.
Director Pinto advised that we are working on a petition for
the Rockridge area, and it also becomes a matter of what you can
handle. He agreed that we do want to take care of those who are
61
FEB 2 6 1986 soar 63 `, GE 774
BOOK 63 F4 X775
asking for service before we go into other areas. If there is a
specific health problem, we would come in right away.
Administrator Wright believed this is needed in Oslo first.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:40 o'clock P.M.
ATTEST:
Clerk
62
Chairman