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HomeMy WebLinkAbout4/19/1972WEDNESDAY, APRIL 19, 1972 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY,. APRIL 19, 1972 AT 8:30 .O'CLOCK A.M. PRESENT WERE RICHARD P. BOGOSIAN, CHAIRMAN, ALMA LEE Loy, VICE CHAIRMAN; D.B. MCCULLERS, JR., EDWARD J. MASSEY. COMMISSIONER .JACK U. DRITENBAS WAS ABSENT. ALSO PRESENT WERE JACK G. KENNINGS, COUNTY ADMINISTRATOR; PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JAMES STANLEY, DEPUTY SHERIFF; L.S. THOMAS AND ELIZABETH FORLANI, DEPUTY CLERKS. THE CHAIRMAN CALLED' THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF APRIL 5, 1972, COMMISSIONER LOY REQUESTED THE FOLLOWING: PAGE 19, FIRST PARAGRAPH SHOULD READ "STUDY OF BEACH -FRONT PROPERTY FOR ACQUISITION". ATTORNEY BURCH REQUESTED ON PAGE 13, FIRST PARAGRAPH, THE FOLLOWING SENTENCE BE ADDED: "THE DEDICATION OF ROADS TO THE COUNTY BY SUBDIVISION PLAT, DOES NOT MAKE THE BOARD OF COUNTY COMMISSIONERS RESPONSIBLE FOR OPENING AND MAINTAINING ROADS OVER THE DEDICATED RIGHT-OF-WAYS"; COMMISSIONER MCCULLERS REQUESTED ON PAGE 11 THE FOLLOWING PARAGRAPH BE INSERTED AS PER ACTION. "ON MOTION BY COMMISSIONER MCCULLERS, THE BID OF J.R. FURLONG, INC. FOR A PLYMOUTH DUSTER, WITHOUT AIR-CONDITIONING, IN THE AMOUNT OF $2,372.90 BE ACCEPTED AS THE LOWEST AND BEST BID. THE MOTION DIED FOR LACK OF SECOND". THESE CORRECTIONS HAWING BEEN MADE, MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MCCULLERS r. AND THE MINUTES OF THE REGULAR MEETING .OF APRIL 5TH, 1972 WERE UNANIMOUSLY APPROVED AS WRITTEN. DEWEY WALKER, COUNTY ZONING INSPECTOR REPORTED ON ZONING VIOLATIONS, THE FOLLOWING LETTER WAS PRESENTED TO THE BOARD BY ROBERT LOOMIS, REAL ESTATE AGENT REPRESENTING FLO'YD J. VOIGHT. APR 19 1972 r , •• STATE CERT. *G-W838 Wood Construction company, Inc. 707 CHILl1N0WORTH DRIVE, SUITE 8 - BRASS BUILDING POST OFFICE BOX 15315 • WEST PALM BEACH. FLORIDA 33406 TELEPHONES 683-7706.683-7051 23-16��`�J • Q�S`�S March 31, 1972 } Gentlemen, We are in the process of purchasing Unit 4 Of f paradise park. We are planning a 120 room motel and f I restaurant. We are requesting abandonment Of 88,th Court J from State Road 60north to the north line Of Unit 4 he abandonment of 21st Street Paradise Park and also t west Of 88th Avenue. . we are desirous Of having this done as soon as passible as we are ready .to begin construction. We would greatly appreciate your cooperation r in this request. Yours very truly Fiayd . �Oight Board of County Commissioners of Sndian River County C/O Indian River Courthouse a e ' Vero Beach, Florida j ON MOTION BY COMMISSIONER.MCCULLERS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT" FOR A PUBLIC HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS j `• FOR-NORTHTHE ABANDONMENT OF 88TH COURT FROM. STATE ROAD 60 TO THE NORTH LINE OF UNIT 4, PARADISE PARK SUBDIVISION AND ALSO THE ABANDONMENT OF 21sT STREET WEST OF 88TH AVENUE, THE PUBLIC HEARING IS SCHEDULED FOR MAY 24, 1972, _2_ s 3 RRoK..5AE 250 E APR 19 1972 c S.L. STEIN APPEARED REQUESTING THE BOARD TO INVESTIGATE WILLIAM STEE E. 905 214TH AVENUE,, WHO IS CONDUCTING HIS BUSINESS IN AN . R-1 RESIDENTIAL ZONE. DEWEY WALKER REPORTED THAT COURT PAPERS WERE SERVED ON WILLIAM STEELE AND COURT HEARING TO BE HEARD BEFORE JUDGE MANK WAS SCHEDULED. CO ISSIONER Loy WAS AUTHORIZED TO SELECT FRAMES FOR THE HISTORIC L PRINTS OF "LIFE ALONG THE,BEAUTIFUL-INDIAN RIVER". ON MOTION BY COMMISSIONER MCCULLERS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY AND THE ADMINISTRATOR TO PREPARE AN AGREEMENT FOR THE SERVICES PERFORMED BY JOE MIDDLETON AS CARETAKER OF BLUE CYPRESS LAKE PARK. 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 Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER* STATE OF FLORIDA Before the undersigned authority personally appeawee red J. J. Schumann, Jr. who on oath at Vero Beach t he is Business Indian Riverr of the Florida; that attached copy of advertisement,�beipublished a -- -- In the matter ofSL- in the — --- ----.- Court was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper and has heretofore e been continuously published in said Indian River County, Floridatered second class mail matter at the post office in Vero Beach, in said Indian River County, for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any parson, firm or corporation any disconmt, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before me this 6 —day of-- . A.D. i 9 ?L (usiness Manager) — (Clerkthe Circuit rt, Indian River County, Florida) (SEAL) —3— NOTICE NOTICE IS HEREBY GIVEN that the Board of 7County Commissioners of Indian River Counly. Florida. will receive sealed bids to the hour of 9.30 A.M., Wednesday, April 19, 1972, for sale -to said County of the following item: . 1.9- and 7 alternate bid for a 10" 1 Artesian Well to be cased, drilled and capped In ac• cordance with County's Specifications. SPECIAL INSTRUCTIONS and - detailed specifications are available at the office of the County Ad- ministrator, Room 115, County Courthouse, Vero Beach, Florida. Board of County - Commissioners M Indian River County, Florida tt By. Richard P. Bogoslan, l' Chairman March _= April., 6, 1972.... ,. Baa 15 25 APIA 19 197 !a THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: M5CWELLRS WELL DRILLING$INStER OOT FOR CASING , R F EOOT FOR DRILLING SS �0" WELL 4,99 ER FOOT FOR CASING PER FOOT FOR DRILLING 0 ftNRELMCLAUGHLAN $4,10 ER FOOT FOR CASING R FOOT FOR:DRILLING 0" WELL 7.10 0 ER FOOT FOR CASING ER FOOT FOR DRILLING, PJPWELLWELL DRILLING CORP$ ,51 QQ ER FOOT FOR CASING ,BS ER FOOT FOR DRILLING .00 0" WELL 6.11 .00 ER FOOT FOR CASING QQ ' ER FOOT FOR DRILLING ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO EVALUATE -THE BIDS FOR THE ARTESIAN WELL. 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: i -4- Book 1-5 252 A R s:•;`,��_-,__ n:z..`��-v'�_, ,..;�"1. .+,_2 °.,i�"1�r<<�^;+`.�Cv"--TF�_�..^�.5-�i�.�k: G�,'s-sT�a �„•s�. ,�'- ��-z;���. a. '.� ...:a +`a��+h.„ _. � .. .. � ., �'.,� -:-. . . .s.. P z VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RiVER: STATE OF FLORIDA Before the undersigned authority personalty appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 1n the matter of In the _.. Court, was pub- Iished in said newspaper In the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In sold Indian River County, and that Florida, da�i newspaper has s heretofore sore been continuously published in said Indian River County, Y as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver tisement for publication in the said newspaper. ' G \ Swom to and subscribed fo the s : day of— t (Business Manager) (Clerk o Circuit Court, Indian River County. Florida) (SEAT.) NOTICE NOTICE 15 HEREBY GIVEN that Rural Sanitation Service and Andy's i Sanitation Service, each holders Of franchisesissued by the Board of counto each me the ron.e cus�iveright�and Privilege to operate garbage service and trash service within the territory described in each fran- chise, have notified the Board of . County Commissioners in writing the desire of each to increase the schedule of rates which each has authority to charge and collect 8s set forth In Section 11 of the franchiseof atnend the each. Each proposes schedule of rates and charges by, providing that the monthly garbage rates for residence shall be Three Dollars Twenty -Five Cents ($7.25) per month payable mmuhly for twice weekly service, and that all other, authorized rates and Charges shall remain the same. A public hearing shall be held on t in the COMmissioners, said loo n,�Indian River County Court House, Vero Beach, Florida, on the 19th day of April, 1972 at Io:DD A.M., at which time all parties In interest will be heard. Board of county Commissioners of Indian River County, Florida. sien, - By: . s - Richard Bogo Chairman March 26, 26, 1972..: THE CHAIRMAN THEN ASKED IF ANY PRESENT.WISHED TO BE HEARD, ROBERT JACKSON, REPRESENTING RURAL SANITATION SERVICE .AND ANDY'S SANITATION SERVICE APPEARED AND PRESENTED TO THE BOARD LETTERS FROM BREVARD COUNTY AND ST. LUCIE COUNTY WITH THEIR GARBAGE AND TRASH PICK—UP RATES, THEY ARE AS FOLLOWS: I BOAR[! OF COU NTY-COM MI3$K � wea�a "m tma � �?r_ .... .. . _ ...�.......... _. January 31, 1972 Robert Jackson, Esquire Jackson and Clem, P.A. P. 0. Box 2397 Vero Beach, F1 32960 Dear Mr. Jackson: SUBJECT: Trash and Garbage Collection Franchise Thank you for your inquiry of January 27, 1972, concerning the above subject, Effective January 1, 1972, the Board of County Commissioners establsihed the following refuse rates for the unincorporated areas of Brevard County. $3.75 .... ........ per house(rear door pickup garbage) (curbside pickup trash) $2.10 ............ per cubic yard (commercial) The above rates consider a 45 cents per compacted yard charge for utilizing the county operated sanitary landfills and a one percent of gross receipts franchise fee payable monthly to the countybby the franchise holder. Sincerely, BO OF UN T CO M SSIONERS o la S. Futch Admini trative Director DSF/eb PARRMH LORI IL WILSON VAL K STEELS LEE WENNER HUGH H. EVANS 00SHORN, STARLEX CURTIS R. BARNES :t 1 puirmw Viae Ciwtrman District 4 District $ NABOBS AND FULLER Clerk District 2 District 3 Attorneys FLORIDA SPACE COAST P !I Mr. Robert Jackson Attorney at Law Post Office Box 2397 Vero Beach, Florida 32960 Dear Mr. Jackson: In reply to your letter of January 27, 1972 to Mr. Weldon B. Lewis, County Administrator, I wish to advise that the maximum rate established by the County for franchise garbage haulers is $3.00 per month for a 21 gallon can and $.50 per month for each additional can and garbage is collected twice a week. Our franchises provide that the cost of trash pick- up is to be agreed upon between the owner and the hauler without specifying a rate, however, I believe that most of the haulers charge $1.00 per month for this service. Sincerely yours, Ralph B. Wilson County Attorney RBW/llb CC: County Administrator -%- GEORGE BULTEZ OF ROCK RIDGE SUBDIVISION APPEARED IN OPPOSITION TO THE $30 INCREASE IN RATE, CHAIRMAN BOGOSIAN READ THE FOLLOWING LETTERS: ROCK RIDGE PROPERTY OWNER'S ASSOCIATION WROTE IN OPPOSITION TO THE $30 INCREASE AND FELT THAT $.25 INCREASE WOULD BE A MORE EQUITABLE AMOUNT, JOHN HORN WROTE IN OPPOSITION TO THE $.50 INCREASE AND SUGGESTED $.25 AS A.MORE REASONABLE INCREASE. DORIS CHESSER WROTE IN OPPOSITION TO THE $,50 INCREASE AND SUGGESTED $.25 AS A MORE REASONABLE INCREASE. DORIS:CHESSER ALSO INFORMED THE BOARD THAT PICK-UP OF GARBAGE AND TRASH IS: VERY INCONSISTANT, ERNESTINE PARK WROTE 1N OPPOSITION TO THE $,50 INCREASE AND COULD ACCEPT A $.25 INCREASE. ERNESTINE PARK INFORMED THE BOARD THAT THERE WAS ONLY ONE PICK-UP A WEEK AND NOT ON A CONSISTANT BASIS, DR. HERBERT KALE APPEARED STATING HE WAS NOT OPPOSED TO THE- RATE INCREASE FOR RURAL SANITATION SERVICE, BUT WOULD LIKE TO SEE A SCHEDULE OF CONSISTANT COLLECTION DAYS ENFORCED. ROBERT JACKSON INFORMED THE BOARD THE LAST RATE INCREASE WAS APRIL 22, 1970. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTIONS SUBJECT TO ROBERT JACKSON RECEIVING CONFIRMATION FROM THE INTERNAL REVENUE DEPARTMENT REGARDING THE "PRICE AND WAGE FREEZE`. APR 19 gn BOOK 15 :`'r'A L 256 WHEREAS, RURAL SANITATION SERVICE has previously been issued a non-exclusive garbage collection franchise by this Board, and . WHEREAS, RURAL SANITATION SERVICE has applied for a rate increase, and WHEREAS, a public hearing has been held on this date and evidence received by the Board substantiating a rate increase, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County that RURAL SANITATION SERVICE is authorized to charge up to $3.25 per customer per month for their services. 9.. w A . yµ,�.—.�.v�s-`" �:�✓ � +'••.:�• ,_...�..,� ,.`e5-'Ynx c4€� �'�«`+,�✓'z�"�,y`�=..`e'�?k: �i'4.u�t5,,*i`c�«2 ..?��. .w;2'�,ii �. r„ rr�.e e wF,.,',':. �ept,�°a�a.` p.+,.'.�?�+."aaZ�r'� :w.r Fwf� �.r.:A+.� .,c,e;5`�t.;; RESOLUTION NO. 72-31 WHEREAS, ANDY'S SANITATION has previouslybeen issued a non-exclusive garbage collection franchise by this Board, and WHEREAS, ANDY'S SANITATION has applied for a rate .increase, and WHEREAS, a public hearing has been held on this date and evidence received by the Board substantiating a rate increase, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County that ANDY'S SANITATION is authorized to charge up to $3.25 per customer per month for their services. APR THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLIC-` ATION ATTACHED, TO WIT: t NOTICE f VERO BEACH PRESS -JOURNAL thNOTICEisHEREBYG► In that ' e Zoning Commission off thdim.. I River County, Florida, has denied ' Published Weekly site pian Approval for the.f011owhtg, ;' appeals having been tiled, M t i writing. to the Board of County Vero Beach, Indian River County, Florida G` Commissioners, according to i Sedlon 23, Paragraph I Of the 4 Tuning Ordinance; that the Board of County Commissioners in Its regular COUNTY OF INDIAN RIVER: meeting on Wednesday, April 3, STATE OF FLORIDA - 1974, authorized POWIC hearings be held with regard to such appalls, at. a Before the undersigned authority personally appeared J. J. Schumann, Jr. who an oath which time parties In Were* and says that he Is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published citizens shall have an Opportunity to at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Coheard, dto be held y t e Board Indiuntan ' River County, Florida, In the r. Commission Room, Indian River { a -f'�""`�___._.�._._.....� .------.. .—_— County Courthouse, Vero Beach.; Florida, at 10:0091clock A.M. on the ; i. 191h day of April 1972, the decision of _ to the matter of _ - ._._ ._ the Board of County CommWlOhers'i - -- to be final, unless otherwise ap-� pealed to the Courts. - Trac 13, Section 34 Township •• 32 -south, Range 39.East, Indian I . River Farms Company Sub- i division; Tracts 4 and S, section in the Court, was pub- 4, Township 33 -south, Range 39- y East, Indian River -Forms i s Company subdivision, less easements for canals, highway lished in said newspaper In the issues of rightsuf•way and less the East 600 feet of the West WOfeet of the. Y south 660 feet of the above — —.�'1, 14 -•t 1... described property, said t - - to be measured .mfrom _ the center Ilse Of Statsate Roy Road 60; Affiant further says that the said Vero Beach Press -Journal is a newspaper published at and The East 600feef at the Web; .1 Vero Beach, in said Indian River County, and that the said newspaper has heretofore 800 teat at the South 660 tees of been continuously published in said Indian River County, Florida, weekly and has been entered c ' Tract S. Section 6. Township 33 - as second dash mail matter at the post office in Vero Beach, in said Indian River County, Florida south, Range 39 -East. Indian '+ for a period of one year next preceeding the first publication of the attached copy of adver- River Farms Company Sub- tisernent; and affiant further says that he has neither paid nor promised any person, firm or division, to be measured nor - corporation any discount, rebate, commission or refund for the purpose of securing this adyer- f therly from the center line of tisement for publication in the said newspaper. State Road 60, and leas ' easements for canals and high- way ►ights•of•WaY. Property •this — 3. __..day of. AD.J.,.�.Z— owned by Roland Miller and r bkwt* 1 Swum to and subscribed - Earl Broth. I E1/2 f NE kin N1Mh, section -.-_Eno 1S, Township 37 -south, Raga 29 - (Business Manager) East. being 20 acres. Property __...� owned by Jimmy B.Walker. r Board of County Commissioners i Florida)By: Richard P. Bogoslan, ' (Cler the Circuit Court, Indian River County, Chairman MEAL) April 13, 1977. : , f THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. ROBERT F. LLOYD. ENGINEER AND JAMES T. VOCELLE, REPRESENTING EARL GROTH AND ROLAND MILLER, APPEARED WITH FINAL SITE PLANS OF VILLAGE GREEN MOBILE HOME PARK. • DR. HERBERT KALE, REPRESENTING THE PELICAN ISLAND AUDUBON SOCIETY, APPEARED AND EXPRESSED NO OPPOSITIPN TO THE FINAL SITE PLAN OF VILLAGE GREEN MOBILE HOME PARK AS PRESENTED TO THE BOARD. - ON MOTION BY COMMISSIONER MCCULLERS, SECONDED BY COMMISSIONER 10 -i Book,. JL i APR -'I 9 i' nay; --e4, .r.a A� x....y--`�a'.F•k - L 1 �}�^K..�-.a -E} . .%3.�'F -. . s - - � '>i ... i� ,�_',—�+-�v..,.-Mv.-r1u.s4.a MASSEY, THE BOARD UNANIMOUSLY APPROVED FINAL SITE PLANS AS PRESENTED OF VILLAGE GREEN MOBILE NOME PARK AND THE FOLLOWING RESOLUTION WAS ADOPTED: RESOLUTION NO. 72-26 WHEREAS, the Zoning Commission of Indian RiverCounty, Flor- ida,.did make its final report denying Site Plan Approval for the following described property located in Indian River County, Flor- ida; and WHEREAST appeals were filed, in writing, to the Board of County Commissioners, according to Section 23, Paragraph I of the Zoning. Ordinance; that the Board of County Commissioners in its regular meeting on Wednesday, April 5, 1972, did authorize public hearings be held with regard to such appeals, at which time parties in inter- est and citizens shall have an opportunity to be heard: Now, there- fore, BE IT RESOLVED that final Site Plan Approval be granted by the Board of County Commissioners of Indian River County, Florida, on the following described property following a public hearing held by the Board of County Commissioners in the Commission Room, Indian River County Courthouse, Vero Beach, Florida, at 10:00 o'clock A.M. on the 19th day of April,,1972, the decision of the Board of County Commissioners to be final, unless otherwise appealed to the Courts. Village Green Mobile Home Park located in Tract 13, Section .31, Township 32South, Range 39 -East, Indian River Farms Company Subdivision; Tracts 4 and 5, Section 6, Township 33 -South, Range 39 -East, Indian River Farms Company Subdivision. All within the meaning and intent and as.set forth and described in said Zoning Regulation. But APR 19 in ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSI"ONFR MCCULLERS, THE BOARD UNANIMOUSLY APPROVED THE FINAL SITE PLAN OF THE FRED R. TUERK MUNICIPAL CENTER, SITE OF THE FUTURE TOWN HALL IN INDIAN RIVER SHORES. 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: NOTICE -- - VERO BEACH PRESS -JOURNAL a ZoninTICEg ISHEREsionBY of GIVEN that the zoning Commission of Indian River county. Florida, has denied Published Weekly Site Plan Approval for the following, appeals having been filed. in Veto Beach, Indian River County, Florida writing. to the Board of County Commissioners, according to ' ' Section 23, Paragraph 1 of the ' iZoning ordinances that the Board of County Commissioners In its regular COUNTY OF INDIAN RIVER, meeting on Wednesday, April s,. 1972, authorized public hearings be STATE OF FLORIDA held with regard to such appeals, at Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Beach Press -Journal, a weekly newspaper published which time parties In interest and citbeihens Shall o an the tof Says that he is Business Manager of the Vero Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ho held byhave Boortunitard at County Commissioners of Indian River County, Florida, In the Commission Room. Indian River County Courthouse, Vero Beach, Florida. at 10:W o'clock A.M. on the _ 19th davof April 1972, the decision Of the Board of County Commissioners the matter of _ _ "L"'-•�'-�" to be final, unless otherwise ap. pealed to the courts. Tract 13, Sectton 31, Township _ ------ -32-South, Range 39 -East, Indian ^�--_.��-__�-. -River Farms. Company Sub- division, Tracts 4 and 5, Seaton the .-.-------- ------ court, was pub- 6. Township 33 -South. Range 39• Fast, Indian River Farms Company Subdivision, less easements for Lanais, highway Iished in sold newspaper in the issues of _ ---^ rightSof-way and less the East bouled o f the West SW Wet of the _ L-7- South 660 feet of the above described Property. said 6W feet be northerly from —..—----`--• to measured the center line of State Road 60: published at Affiant further says that the said Vero Beach Press -Journal is a newspaper publ' River County, and that the said newspaper has heretofore IY andTneEast 6wteatOfthe West M feet of the South 660 feet at Indian, ber0 {n said Ind Beadt, n has. been entered baen continuously published in said Indian River County, Florida, weekly and Vero Beach, in said Indian River County, Florida Trott S. Section 6, Township 33- south, Range 39•East. Indian as second class mail matter at the post office in for a period of one year next preceeding the first publication of the attached copy of adver- further says that he has neither paid nor promised any perm, firm or River Farms Company Sub• division. to be measured nor- tisement; and affiant any discount, rebase, commission or refund for the purpose of severing this adyer- III therState lRod 80center of and line eorporati�t tisement for publication in the said newspaper. easements for c+tnets and high- ` °�wned befor me this .._. L -`_' day of. A.D.AO---t-1-�- way rights -of -Way. Property by Roland Miner and Sworn to and subscribed Earl Groin. E',, of NE i/a of NWIA, section 15. Township 32 -South, Range 39+ .^_. ---- Manager) East, being 20 acres. Property r:Yl owned by Jimmy B. coWalker- Board of urs Board Commissioners _ _._......v-�.1y�'-�' (CI the Circuit Court, Indian River County, Florida) By: Richard P. Bogoslan, - (5EAU Chairman April 13, 1972. THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. JIMMY WALKER WAS PRESENT AND EXPLAINED TO THE BOARD HIS NEED FOR A MOBILE HOME AN HIS PROPERTY. -12- �V ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER MASSEY. THE BOARD UNANIMOUSLY APPROVED JIMMY WALKER'S REQUEST TO PLACE ONE MOBILE HOME ON HIS PROPERTY AS AN ACCESSORY TO AN AGRICULTURAL USE AND THE FOLLOWING RESOLUTION WAS ADOPTED: RESOLUTION N0. 72-27 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did make its final report denying Site Plan Approval, for the following described property. located. in Indian River County, Flor- ida; and WHEREAS, appeals were filed, in writing, to the Board of County Commissioners, according to Section 23, Paragraph I of the Zoning Ordinance; that the Board of County Commissioners in its regular meeting on Wednesday, April 5, 1972, did authorize public hearings be held .with regard to such appeals, at which time parties in interest and citizens shall have an opportunity to be heard: Now, therefore, BE IT RESOLVED that final Site Plan Approval for one mobile home as an accessory use, be granted by the Board of County Commissioners of Indian River County, Florida, on the following described property, following a public hearing held by the Board of County Commissioners in the Commission Room, Indian River County Courthouse, Vero Beach, Florida, at 10:00 o'clock A.M. on the 19th day of April, 1972, the decision of the Board of County Commissioners to be final, unless other- wise appealed to the Courts. E 1/2 of NE 1/4 of NW 1/4, Section 15, Township 32 -South Range 39 -East, being 20 acres. Property owned by Jimmy B. Walker. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. —13— Book 15 P U26 PR ; g ig72 RICK RICHARDSON, I.B.M. COMPUTER REPRESENTATIVE PRESENTED A •FILM ON A I.B.M. SYSTEM 3, MODEL 6 COMPUTER. COMMISSIONER BOGOSIAN SUGGESTED MR. RICHARDSON MEET WITH TOMMY THOMAS, FINANCE OFFICER:, GENE MORRIS, TAX COLLECTOR, SHERIFF SAM JOYCE AND VAL E. BRENNAN, PLANNER TO INVESTIGATE FULLY HOW THIS COMPUTER CAN BEST SERVE THESE VARIOUS DEPARTMENTS, REVEREND O.L. STOUT APPEARED REQUESTING THE BOARD TO KEEP IN MIND THE URGENT NEED FOR PUBLIC HOUSING IN INDIAN RIVER COUNTY. COMMISSIONER BOGOSIAN INFORMED REVEREND STOUT THAT THIS MATTER WAS BEING -INVESTIGATED, EDNA PLATT APPEARED WITH A COMPLAINT AGAINST DICKERSON. INC. WHO HAS AN ASPHALT PLANT ON U.S.I. MRS. PLATT CLAIMS DICKERSON, INC..HAS EMPLOYEES STARTING WORKATS:OO O'CLOCK A.M. AND THE FUMES AND DUST POLLUTION FROM THIS ASPHALT OPERATION ARE HEALTH HAZARDS. THE ADMINISTRATOR ADVISED MRS. PLATT THAT THE POLLUTION PROBLEM IS HANDLED BY THE AIR AND POLLUTION DEPARTMENT. THE ATTORNEY AND THE ADMINISTRATOR WERE REQUESTED TO RESEARCH THIS PROBLEM, THE BOARD ADJOURNED AT I2:20 P.M. AND RECONVENED AT 1:40 P.M. JAMES REAMS, DEPUTY SHERIFF REPLACED JAMES STANLEY, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER MCCULLARS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO IMPROVE THAT PART OF THE EXISTING GRADE FOR. APPROXIMATELY I/2 MILE ON THE EAST END OF THE KENANSVILLE-FELLSMERE GRADE ON THE.WEST SIDE OF THE MARSH, AS REQUESTED IN A LETTER FROM FONDREN MITCHELL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MCCULLERS, THE FOLLOWING RESOLUTION WAS PRESENTED, COMMISSIONER MASSEY VOTED AGAINST THE RESOLUTION, CHAIRMAN BOGOSIAN VOTED IN"FAVOR AND THE MOTION WAS CARRIED. �Qt 15 pp,, 263 ' �tlntatibb '6050`.-2G[I1. POAM 17Y•01 STATC OP FLORIDA DEPARTMENT OF TRANSPORTATION 7.74 COUNTY COMMISSIONERS RESOLUTION On motion of Commissioner Loy seconded by Commissioner McCu11ers the following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized 1' and reilmsted "a.� County to furnish the. necessary rights of _ way, borrow pits and easements for that portion of Section $8501-2501, extending from a point in aecticr, 3>, 'wnslasp 33 South, 11ange 40 East Northerly along Indian River Boulevard to a point in Section 34, Township 31 South, Rango 39 East t t which has been surveyed and located by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION as shown by a map on file in the Office of the Clerk of -the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title.to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County,,and said lands are physically cleared of all oceupant s, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildino�s, fences and other structures and improvements thereon, utility relocations and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from proceeds of State of Florida Department of General Services bonds or secondary gasoline tax funds (Article XII`, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of the Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to -acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare ui the name of said County by its County Commissioners all condemnation papers affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the. Department the abstract search provided for in said Contract STATE OF FLORIDA ) COUNTY GF INDI ut RIVER ) I IiER'EBY CERTIFY that the foregoing is a triS �n correct co of resolution passed by the Board of County Commissioners of 76Y2tc t7 Iti l County, Florida, at mecting held the ' —I `9t}' day of Anri1 , A.D. 19 7J. , and recorded in the Commissioners minutes. IN WITNESS tt'H1 RIOT; I hereunto set my � id and official seal this 19th day of April , A.D. 19 (SEAL) APR 'Clerk h ;'l ?Zd of Ciou n y Com OF ZKOXP.ii It}:'t ER COU4TY Z5 - H Ui'64 15 PAIJ.E.265 APR 1:J GI IT.. Ur 14AY VROVID31M. FOR USI -OP SECONIDARY GA!;01JtJL TAX FUEDS 011 STNIT,' OF FLOIc111A DEVA16-111:14T 01- GLURPAL Sl-,IRVICES BOND FW4,DS THIS AGREEMLNT wade and entered into this 19th day of April A. D. 1972 , by and between. the STATE OF FLORIDA DEPARTMENT Or TRANSPORTATION, an agency of the State of Florida, hereinafter called the "Department", and the COUNTY OF INDIAN RIVER a Political Subdivision of the State of Florida, hereinafter called the "County", witnesseth, that WHEREAS, the Legislature of Florida has designated and established un -numbered State Road XXK/ and the Department has located and surveyed a part of said Road designated as Section 88501 and has prepared .a Map of Survey and Location covering that portion of said Section extending from a point in Sectio ' n 30, Township 33 South, Range 40 East Northerly along Indian River Boulevard to a point in Section 34, Town- ship 31 South, Range 39 East in said County, as shown on a map, duly certified as provided by law, • on file in the office of the Departm6nt in Tallahassee, Florida, and on file in the office of the Clerk of the Circuit Court of said County, and in the judgment of the Department said location and survey have been found to be practicable, necessary and to the best interest of the State, and WHEREAS, the . Department has requested and authorized said County to secure by donation, purchase, or condemnation, the lands and property necessary for such right of way,* borrow pits and drainage easements for said portion of said Section, and such as may hereafter be found* necessary by the Departmpnt for said. portion of said Section, and WHEREAS, the County is financially unable at this time to provide the necessary funds from local sources to acquire the right of way, borrow pits and drainage easements, and WHEREAS, the Board of County Commissioners of said County, at a meeting duly called and held on the 19th day of April ,A.D. 1972 adopted a resolution (copy being hereto attached as a part -hereof, marked "Exhibit A") signifying its agreement to comply with the Department's said request, requesting the Department to pay for acquir 1D9 said lands for rights of way, borrow pits and drainage easements from funds which have been'or may be remitted to the Department under provisions of Article XII, Section. 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended, for expenditure solely within the County, or from proceeds of the STATE OF FLORIDA DEPANTPIENT OF GENERAL 5E11,VIC]"s bonds isss.ucd-for the purpose of APR 9 19M wK 15 PAGE266 Cql It t. 1.4 11.111 , Itt :it •t; 11 t.1' 1 lll: !•t/l 11 l.l(.-t �. NOW THL•'RLron, in consideration of the premises and of the mutual undertakings hereinafter set forth, the parties mutually covenant and agree as follows: 1. The County shall forthwith furnish the Department with a title search made by a reliable Abstractor or Abstract Company showing the present ownership and record description of each parcel of lll1and over which said right of way, borrow pits and/or easements extend!, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens, and tax certificates, or other interests, including possessive interests. Thereupon the Department shall prepare and furnish to the County the descriptions of said -rights of way, borrow pits and/or easements to be acquired. for each of the several parcels of land, or interests therein as shown by said title search.The furnish- ing of said descriptions shall be solely for the assistance/of the County and nothing•in this paragraph shall be taken or construed as the Department's acceptance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the County of its agreement herein to furnish the Department free, clear and unen cumbered title to the land required for said right'of way, borrow pits and easements, or from any of'its covenants hereunder. 2. After the Department has furnished the County said description, the County shall proceed, out of the funds specified below, to acquire by donation, purchase or condemnation,•free, clear and unencumbered:; title to the land so required as aforesaid for said portion of said Section by the Department for said rights. -of way, borrow pits and easements, and convey or vest the same to or .in the State of Florida for the use of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, by good.and sufficient deed or deeds, and deliver to the Department said land physically clear of all occupants, tenants, fences, buildings_ and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section •and shall have adjusted or secure arrangements for the adjustment of all sanitary and/or storm sewers, gas mains, meter, water mains, fire hydrants, pipes, poles, wires, ca))lcs., conduits, and other utilities and facilities :i.tuatc or encr-oachin(jupon ,ail] land. Any land to which Phl l'lmnt �• 11.11; 1u rt. tororl• .0 quirt tl 11.. rlt .11 .Irnl uII, •n< -11111b •real title, M t.t:,,1t• U1.:, :•1,,,11 {•• t't,a.'• c't'rl i•; I11,• l.(Aiiit iii Ilii: ;.I,Ih. I, 1 I1,• tt use under the provisions Of this section. Upon completion; the County shall make a certificate to the Depart - meet stating for -each parcel the instruments vesting the free, clear and unencumbered title thereto in the State and certifying the removal b 'ld' nd/or Other structures of all occupants, tenants, fences, ui ings a hat and improvements and adjustment of all facilities and cerin the tate the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 3. 'Commencing with the date when the Department shall begin construction operations on said portion of said Section, and at all times thereafter for so long as said portion of said Section shall continue to be a part of the State System of Roads, the County, solely at its own expense, shall save, defend and keep the State of Florida, and the Department, its officers, employees and contractors harmless. from any and all damages, claims or injuries, actions at law or suits in equity arising from or growing out of any defect or alleged defect .. affecting the title or right of possession of the State of Florida for the use of said road, to any portions. of the lands, borrow pits and easements required by the Department for said portion of said Sec- tion as aforesaid, or because of the lack of title or right of posses sion thereto or by reason of encumbrances thereon, or failure to have removed occupants, tenants, fences, buildings and/or other structures and improvements or made or caused to be made adjustments of utilities and facilities thereon, and the County agrees to pay and discharge all. lawful claims, damages; judgments, decrees and any other expenses arising from or growing out of such claims, injuries, actions or suits. 4. The Department agrees, at the direction of the County, by resolution attached hereto and made a part hereof, to pay for items set forth in Paragraph 6 below, either from proceeds of STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES bonds issued for the purpose of construct- ing this project, or from secondary gasoline tax funds. (Articel XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended). 5. The County agrees that its acquisition of said rights of way, hnrt*ow hi t r; and t•.Irt Haut(;: :01,111 III n( 1Jtr- Ih•1•.11"1111,•111 Illn',tl 1,•,•.II1 rll IlnIIt,•,•':::.11 r .111,1 I,t,.tr.•1' Illl,,ilp.11 I,r11 11,au Book '15 ?A�z268 thu Cuwity, the licpa LnoijL :;ItLj11 1:,L'ip.iCu rue]ui;;it:.ii+ns for paymuJIL ouL of said funds directly to tli(.1' prupi:r persons for the items set forth in Paragraph G. 6. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements for said por- tion of said Section as aforesaid shall be paid for in the following manner: An appraisal shall be prepared of costs and damages required for the acquisition of the lands and easements and the clearing of the right of way of all physical obstructions which shall be approved by the Department. After the appraisal is thus approved, expenditures of said funds will be approved for the following purposes and in the following amounts: 1. Payment of.the price for the parcels of land or easements arrived at either by negotiation or by awards in condemnation.. 2. The costs of title search and other title information up to such amount as may be approved by the Department. 3. The costs of the appraisal -up to such amount as may be approved by the Department, provided the appraiser is approved by the Department before he is employed. 4. The compensation to be paid to the County Attorney handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolution, which shall, in all cases, be subject to approval by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. 5. Payment into the Registry of the Court of amount set out in Order of Taking, if proceedings are instituted under Chapter 74, Florida Statutes. The County agrees not to stipulate for or agree to expenditure of funds from this deposit without approval of same by the Department, and further agrees that money so deposited shall be used only for the payment of awards of compensation to property owners; and the County further agrees to reimburse the Department for any money expended from said deposit for any other purpose. IN WITNESS WHEREOF, the Department has caused this agreement to be executed in quadruplicate by its Director of Administration and Executive Secretary, and its official seal to be affixed; and the County has caused it to be executed by its Chairman and its Clerk, and its official seal to be affixed, the day and year first above written. signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF in the presence of: TRANSPORTATION BY: Director of Administration As to the DepartmentATTEST: Executive Secretary (SEAL) yCWNTY OF/ IND/IAN/R�I$ER ,FLORIDA BY: .L4(c�.<s��f.�fr��tlta.c ! Ch:cirman A^ its ilio County ATTEST �� �xr �' !ter '1 f _ Clc rl; of the. (_.i.� cult Court.• k I c,f f i c ;c Clerk of the Board of Cozuity cUrmi:t- I:AL) sionors, B0OK. 15 :'A"z2C9 APR 1 �.'-: ...:,:- s ._: " , � �,.?", „��� r,_ � ..."d��•'�':-, _ �-.. �- _.. .. . .� . ,-.. .,. M �._ .. :-.gid;,. t ,,. ... ,. .;.-> �.,.*, �w-� ... ...• �. ...,_..H,..� VAL E. BRENNAN, PLANNING DIRECTOR, WHO IS PRESENTLY RENTING THE MITCHELL BUILDING, 1601 20TH STREET FOR HIS DEPARTMENT, PRESENTED A PROPOSAL TO THE BOARD, FOR THE. COUNTY TO PURCHASE THE. MITCHELL BUILDING AND ADJOINING PARKING LOT. THE BOARD TOOK NO ACTION. ATTORNEY BURCH REQUESTED AUTHORIZATION TO PURCHASE FOUR VOLUMES OF AMERICAN LAW OF ZONING FROM THE LAWYERS CO- OPERATIVE PUBLISHING COMPANY AT A COST OF $94,00. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PURCHASE THE FOUR VOLUME SET OF AMERICAN LAW OF ZONING AND YEARLY SUPPLEMENTS AS THEY BECOME AVAILABLE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED ALFRED LANE TO PERFORM YARD MAINTENANCE AROUND THE MITCHELL BUILDING AT $17.00 PER MONTH EFFECTIVE AS OF FEBRUARY 1ST, 1972. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MCCULLERS, THEBOARD UNANIMOUSLY AUTHORIZED .JAY A. SMITH, DIRECTOR OF CIVIL DEFENSE TO ATTEND A DISASTER SEMINAR AT ROCKLEDGE, FLORIDA ON MAY 8, 1972. LOUIS SCHLITT, WHO IS ON THE INSURANCE ADVISORY COMMITTEE OF THE INDEPENDENT INSURANCE ASSOCIATION APPEARED BEFORE THE BOARD AND ADVISED THAT THE NEW ANNUAL PREMIUM INCLUDED AN AMOUNT FOR A 10% INFLATIONARY EVALUATION INCREASE ON ALL THE BUILDINGS OWNED BY THE COUNTY, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY APPROVED THE 10% INCREASE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF MCCULLERS WELL DRILLING INC. IN THE BID OPENING OF 10:00 O'CLOCK A.M. FOR A 10u ARTESIAN WELL IN THE AMOUNT OF $4,994.46, $5.95 PER.FOOT FOR CASING, $3.30 PER FOOT FOR DRILLING AS BEING THE LOWEST AND BEST BID, IN ACCORDANCE WITH SPECIAL TERMS OF THE CONTRACT. IF THESE TERMS CANNOT BE MET THE NEXT LOW BID OF PIPPIN WELL DRILLING CORP. WILL BE ACCEPTED, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY APPROVED DON ADAMS, BUILDING -21- APR m DIRECTOR TO ACCEPT THE LOW BID FOR A MOTOROLA COMMUNICATIONS RADIO: T-73 MHT -1100 MOTRAC IN THE AMOUNT OF $587.00. COMMISSIONER MCCULLERS LEFT THE MEETING. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER LOY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED TO ADOPT THE FOLLOWING RESOLUTION: I i -22- APR 19 1972 RESOLUTION NO. 72-29 - WHEREAS, on September 8, 1971, the Board of County Commissioners of Indian River County passed a new Zoning Ordinance for Indian River County, and WHEREAS, the minimum lot size is 7, 000 square feet and the minimum lot width is 70 feet for new residences in said ordinance, and WHEREAS, there are hundreds of property owners in Indian River County who own lots in platted subdivisions which do not meet the minimum standards for lot size and lot width, and WHEREAS, these property owners have expressed a fear that their lots may not be developed because of the lot size and lot width requirements, and WHEREAS, many rumors are circulating and there has been much speculation about the requirements for septic tank permits, the size of houses that can be built and the required lot sizes and widths, and WHEREAS, the Board of County Commissioners desires to quell the rumors and speculation, IT IS THEREFORE RESOLVED by the Board of County Commissioners of Indian River County: 1. That notice is given that said Board does not establish the minimum requirements for issuance of septic tank permits nor does it issue septic tank permits. That the issuance of septic tank permits is a function of the State of Florida and is administered by the State of Florida through the Division of Health. That any inquiries or grievances concerning septic tank permits should be directed to the Division of Health. 2. Section 25, Paragraph C (1) of Indian River County Ordinance No. 71 - 3 states: "Any lot of record at the time of the adoption of this ordinance which contains less lot area or width than required in the district in which it is located may be used for a use permitted in such district. This pro- vision shall not be construed to permit more than one dwelling unit on a lot with less lot area per family than required for the district in which such lot is located. : That it was the intent of the Board of County Commissioners in passing said paragraph to allow the construction of at least one residence on all nonconforming undersized lots that were of record (Platted Sub- divisions) on September 8, 1971, and that the policy of the Board is in conformity with that intent. 3. That the 'Tax Assessor, Tax Collector, Clerk of Court and County Administrator be provided with sufficient copies of this Resolution so that copies may be furnished to inquiring property owners. -24- q fi00lt 15 k� APR 19 1972 AS SHOWN IN THE MINUTES OF APRIL STH, 1972, THE AD- MINISTRATOR BROUGHT TO THE ATTENTION OF THE BOARD THE COST TO RENT STORAGE FOR RECORDS AND BOOKS OF THE CLERK, TAX COLLECTOR AND TAX ASSESSOR THAT WERE REMOVED FROM THE SECOND FLOORCOURTHOUSE ANNEX. ATTORNEY BURCH REPORTED, THE BOARD OF COUNTY COMMISSIONERS IS RESPONSIBLE FOR THE TAX ASSESSOR, TAX COLLECTOR AND THE CLERK'S RECORDS. ATTORNEY BURCH HAD A LETTER FROM TREASURE COAST UTILITIES INQUIRING AS TO THE BOARD'S DECISION OF THEIR COUNTY WIDE SEWERAGE DISPOSAL PROPOSAL. THE BOARD SUGGESTED ATTORNEY BURCH ADVISE TREASURE COAST UTILITIES THAT AT THE PRESENT TIME THE BOARD DOES NOT HAVE SUFFICIENT INFORMATION TO MAKE THIS DECISION AND IS CONSIDERING AN ENGINEERING FEASIBILITY STUDY, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED TO ACCEPT A CONTRACT TO SELL COUNTY OWNED PROPERTY AS PRESENTED IN.A LETTER FROM JOHN H. SUTHERLAND, ATTORNEY: JOHN H. SUTHERLAND ATTORHSY AT LAW 1126 I warma7H *Tmwr V6%0 ®EACH. FLORIDA 92960 TELEPHOWE saly-6191 . April 19, 1972 ANE^ 000E moa Board of County Commissioners of Indian River County Indian River County Courthouse Vero Beach, Florida Attention: Mr. Richard P. Bogosian Chairman In re: Estate of Rose Pohorsky to -Floyd A. Roby, et ux My File No. 896-72 'R 0. Box too Dear Dick: I am enclosing at this time a copy of the contract that has been entered into between E. S. Schmucker, jr. , as. Administrator of the Estate of Rose Pohorsky, and Mr. and Mrs. Roby. You will note that I made the contract subject to the approval of the County Judge as well as to the approval of the Board of County Commissioners. The reason for making the contract subject to the Commissioner's approval is the fact that a claim has been filed for and on behalf of the County Commissioners .for monies advanced to Rose Pohorsky, and for a mortgage that was held by the County on the property.- We roperty:We have been trying to sell this property for over ten years and this is the first offer that we have received that is in excess of $2,000.00, - and I have on hand a deposit of $300.00 in my escrow account. I would appreciate your bringing this matter before the Board of Commissioners, and hopefully they will consent to the sale and will authorize you to execute a release of lien of all kinds outstanding against the property held by the County in exchange for the receipt of all of the net proceeds re- ceived by the estate after the payment of all expenses in connection with the sale of the property as well as all expenses in connection with the admini- stration of the estate. In other words, after the administrative costs and the costs of the sale are deducted, the County would receive everything that is left over. Board of County Commissioners of Indian River County April 19, 1972 Page 2 As a matter of information, I am enclosing herewith copies for each of the other Commissioners, as well as to Mr. Jack Jennings, as County Administrator, and one to Mr. Paul Burch, as County Attorney. I do not anticipate appearing before the Board unless you request me to do so, and if you do desire for me to appear, please make it on a morning. There are no real estate brokers involved in this sale so there will be no real estate commission payable. I will appreciate your consideration of this matter. JHS/cw Enclosures —2%— Book 15.i' Gt276 i a r ,ll lnerdpf for Dopoit As Offer to Parch= LMd CO2,frqr.Gt far SZ1.0 #896-72. DatR JOHN H. SUTHERLAND RECEIPT is hereby acknowledged by MN H.SUTHERLAND RKWbr, $SigrJ. t�ii=K9X tWMMM hereinafter call este, Y ) cash ( X) check in the sum of__ Three Hundred and N /100 --- DOLLARS ($ 301(M ) from Floyd A Roby and Margaret M Roby, big wife, hereinafter called Buyer, as a rnest mpWey deposit and M a part of the purchase price on account of offer to purchase the property of state of hose Yohorsxy hereinafter called Seller, , . said property being situated in the County of Indian River ,and State of Florida, to wit: Lot 25, Little Acre Farms Subdivision, according to Plat Book 2, page 27, St. Lucie County Records, said land now lying and. being in Indian River County, Florida. upon the terms and conditions as follows: the total purchase price being $ 3 500 00 and shall be paid as follows:The deferred payments shall be payable as followssione Cash Deposit (above) ...««.»...»»..... $ 300.00 'Ibis contract is subject to the approval of the ..2 Cash on Closing ».....«........».....»«... $ r County Judge of Indian River County; and also Existing Mortgage or Liens assumed $ none subject to the approval of the Board of County Deferred -Payments ............».......»».. $ none Commissioners of Indian River County, and all Total ».....»»««.:«««».«...«.»..» $r 5n0- CC arties are bound by this provision. • (specify Iahl"" Hate or nab mat Interest wall Included to faG of Dope.,• - SPThCIAL CONDMONSi . L ADafracf Title iamrante••-TM sellar U b Nmish. at bill cost. abstract of Ute, certified to date, or title Insurance binder (Witt frost of w peBey being pal. for by Beller), ,bowing end mere abbla tlet Ott op O of tine 8 11e�' to the Snrat or his deslltnatad attorney. i -fdays after 3"MicaRMtion o' cME ire` f al1(1/or <<lr/,f)�sura &l X. Luminnle of Tate --Time to cub Defeet"--The Buyer or the attorney shat have �l µ� dare within which to examine the cofl�d abstract of title or The title insurance Linder sed to "Igalfy bis willingness to aecePt game. wb"mpm thio transaction #ban to concluded within �1]L-days. In the event t:aminallan ar abelraet of title proves the titleto he usmerebanbble or uninsurable. the Bonar shall Dave, 90 days Within which to core the deelgnaled defeats In the title that render name on merchantable or =insurable in the opinion of the Buyer or his said attorney. and the Beller hereby agrees to use reasonable diligence In caring said defect4, and, apeO the defects being cured ed unit" of (bet tact Mire, -hen to me Buyer W hie said attorney. ml& \ traneaNlon ,hell be closed within 10 days of delivery of said ^otic,. Upon Reiter's (allure or InaDtllty to correct the n^rnerehaamhillty of the lite Within the time limit or a raaeonabit UBle, at the option of the Buyer. the Selkt shall deliver the title In Its existing coMlt=, otheMlee the Agent, or the ,eller. holding. the herein montioned mrstat Blaney deposit shall Tatum came to the Buyer upon demand thereto( end an right, ami liabilities an time pert of the 1 Buyer crit/ng btreumler &hall terminate. provided. .boWever, that in the event of a dtxtgraemen between the Beller and the liuyut re hill lima a,tabilit, as to the merketahlllty of the tale. the -eller may offer the binder o[ a reputable and aotveat title Inauredee company agreeing to Insure the marketability of 'Aald Otis. Which shall be eoneluslve that Bald lits le merchn7ntabeele. IUtpon return of Bald deposit ander each tonditlons. the -eller shall ea9r-lire-•Agenbt8a , y, � 3 'tla eT)e an B • subject to me toning ordlnaacae. nntMumss and "m"Idons of record slid public UWKY easements of record. if any. which do not Interim with use of said property for rQ..sidential - D°ipe"c"• � 4. Bled of (trod-Cenveyoate of title shall be by A�12.!_+++;stOr S _ deed, tree ami clear of ell encumbrances and none of whatsoever ,stun, except as heroin otherwise provldw. ami salt) dead ehnt Oe PnPnrod vWttront expeaee to the Auyet. - M norumealmT Ntsmpa-.Tbe Buyer shalt Property execute the' required notes and mortgages. if ROY, and shall pay for the documentary stamps on the purchase mosey Vote and for reaordln9 the dead. Ballet shat PRY for the documentary abet" an the deed. and for me Intangible tax and recording the put as money mortgage. it any. M Closing COPAO-It this transaction shad. be closed through u1 abstract office. back. law office, or any other agency than the otiose of the ' Agent. and when • closing or nafOW charge to made. such expense Wan N Dame by the r•�•ties each pay own 7, Prarelltm o1 Taus. IJens, Ne. -All adlnstmams of taxes. Item, Inaoranse premlum& btereab, rest@ or other Item& an said property aro to be ' pled" an a ro rate Dash as of the. specified time or date of ,losing, (If taxes apt) Omer Items an sit b be prorated• epadh agreement is b web 'faxes to be prorated on closing _ closing Possession Will be given Buyer an 0. aurrry-If the Buyer desire, a survey of the property. he mey have the oroperty surveyed at his expense prior to closing date. It the survey shows any encroachmante on the Land berelh de. bed or that the knprovementa located a me land herein described encroach an Other laude, written <orli the oft {cele oft title lt DIat givethe n the ,hal" and dtn Better shalllr ere a hi -0 the e^emeehmente WllthmwaaW .,,ad of tidi me. the �Daelt4mildacontract p d�atun, at the option of me Auyer be returned to Sayer a1Wn demand, all right, and liabilities arlsIng bar*Uftd "ball terminate, Or cure, may. at his option. close Una transection In the same manlier as it no such defect had been found. further age ess to delivar�epropertyf Inouthermindamage -condition as It Din whenrthis contract U edelivery ente4 d dad, is amumad by the Bellec. The Beller /0. Disposition of nepoMt � „y�,�_,,,.,_<;,i-.� •_ ...h,»te. It the Bald Buyer (aIle b perform the covenants herein contained Wall" the time apee.11ad. aid tDe al a.ltrr eln•tn rat In M.ptrr a enw,iim prriarmanry thereat, or ate far dnrnaaee. the aforesaid deposit or deposits made by the Buyer tray De forfeited a_e �l ►a bmM Bed lald.ae. nnUwm Is^ dare• "aIle. la in. 1110-er or hl. •anld allordey) end aa.-hwN-ehrrr f !hall De MYtm4-4-7-r Dald to ..ui T+^ ,.wao,Y1•a 1+ It. Mitt. a.I-a.b.aauu 11 .ayaaa••1Y.Yrradr-lb.-IMN. ahati sans-ae-h.a-war•W-lir,-wrtiMq-{aJ.-a•••`t+•' i t,,,.' 11'+1. prWWn'UnwWY4.ad�MM,Ha.••IYa-a„-Yat-►t-eh•wanllwM./.a. U..,<a•aNi'rH./.•1, 11. IWInllhma-The aonla '•Imre(", "-egsr", amt "A" -t" herein employed deft be mo llued to Inntado lima 4"fat a4 Wail se the are.selar, end mill contract {ben be bmdlog Uldol their betrk adminutralory 4aecalan, suaaessors and axelan6 slid But ma"Ilin4 slut Installs 1114 fetal^Ins eMl 11ebtor. Above Ileo (mutat ed admit+ of fwlulrex. p.fluuIt, "M aAm Witte f*otoo cif 4mlfdInto "al"ni.^i Ix 1. j lot Rest d# the ori000 of Into "loll 10 Ill. 10.1 aatolf" ddd..oliod u �f /Im^+ha�Daiy it, I. nrd 11.4, dws lana for MNMf Tlila INtrPattal b:taT shall base= 4ffn11fe all a contrast When alg"ed by Agam, buyer. and Geller. -U not executed by at parta es on ar befofr 45 days t� mansy4 deposited "ball be refunded and IDs proposed transaction Allan tefmbmt46 By none Broker or Agent. By I, or we, agree to purchase the above. described property on the terms and conditions stated in the foregoing inatrument. Wi a eat: �(nP n Buyer ..._—_(Beal) r we, agree to sell the abbve mentioned property to the above named buyer on his nominee on fh ire and cutdi- tions stated in the above instrument and by the signature attached on the Z� day - F l/ 8� signify our ecce tattce and/approval of the proposed sale. .i `' ar(seal �Rf tRw Schmucker, Jr.� as Adminastsra eell) COPYRIGHT IIY Tlir MORIDA ARSOCIATION OF REALTORS deceased. APR, 1" 9 1972 ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED TO ADOPT THE FOLLOWING RESOLUTION: RESOLUTION NO. 72-30 WHEREAS, this Board previously did pass Indian River County Ordinance No. 72-2 , known as "Rock Ridge Subdivision Street Lighting District Ordinance", and WHEREAS, a special referendum election was submitted to the electors residing within the boundary of said district on March 14, 1972, and. WHEREAS, the results of the referendum election have been certified to the Board of County Commissioners by the Indian River County Supervisor of Elections, which certificate stated that a majority of the electors residing within the boundary of the district have approved the adpotion of the Rock Ridge Subdivision Street Lighting District Ordinance and have approved the levy of up to three mills per annum on all taxable real property in the district for the purpose of providing street lighting to the residents of the district, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County that the Rock Ridge Subdivision Street Lighting District is hereby established in accordance with Indian River County Ordinance No. 72-2 APR 19 iT& BOOK 15 '"A.:279 , ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, AUTHORIZING MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS, THE ADMINISTRATOR, COUNTY WELFARE DIRECTOR, ATTORNEY AND THE CLERK TO ATTEND THE STATE ASSOCIATION OF COUNTY COMMISSIONERS CONFERENCE IN DAYTONA BEACH, FLORIDA ON APRIL 23 - 25, 1972. ON MOTION BY COMMISSIONER Loy, SECONDED BY.COMMISSIONER MASSEY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, AUTHORIZING ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS TO ATTEND SCHOOL ON ELECTION LAWS AT TALLAHASSEE, FLORIDA ON MAY 10, 11 AND 12, 1972. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, AUTHORIZING FORREST MCCULLARS, COUNTY EXTENSION DIRECTOR TO ATTEND A DISTRICT DAIRY CLINIC IN OKEECHOBEE ON APRIL 4TH AND A CITRUS TRAINING SCHOOL IN GAINESVILLE ON APRIL 5TH AND 6TH, 1972. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE PETITION FOR ADMISSION TO A STATE TUBERCULOSIS HOSPITAL BY ERNEST.WESTBROOKS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE STATE WITNESS PAYROLL FOR COUNTY COURT, FEBRUARY TERM, IN THE AMOUNT OF $120.00: THE STATE WITNESS PAYROLL FOR CIRCUIT COURT, SPRING TERM, IN THE AMOUNT OF $219.64: THE STATE WITNESS PAYROLL FOR COUNTY COURT, SPRING TERM, IN THE AMOUNT OF $135.00. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED APPROVING THE REQUEST OF W.T. MARTIN TO CANCEL HIS PISTOL PERMIT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE APPLICATION FOR A PERMIT TO CARRY A FIREARM BY ANTHONY OLIVADOTI. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE APPLICATION FOR A PERMIT TO CARRY A FIREARM BY • ROLAND J.LANGFANG, _31- APR 1_ APR 191972 k RooK 15 '279� F- ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER LOY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE APPLICATION FOR A PERMIT TO CARRY A FIREARM BY ED. G. WHITE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE APPLICATION FOR RENEWAL PERMIT TO CARRY A FIREARM BY ARTHUR M. HILL, JR. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE FOLLOWING ITEM TO ITEM TRANSFER: ITEM TO ITEM TRANSFER GENERAL FUND Q QQ FROM JUVENILE - FFICL EXPENSE 20$ 1 'JUVENILE - AUTO tXPENSE $750.94 'ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER. MASSEY, CHAIRMAN BOGOSIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, APPROVING THE FOLLOWING ITEM TO ITEM TRANSFERS: ITEM TO ITEM TRANSFERS _ FINE AND FORFEITURE FUND . fflom TO 94196 FROM CONTINGENCY (SHEkIFf� $6,000.00 34140 TO EXIESS�SOTHIR THAN $6,000.00 SAL AR GENERAL FUND 90196 FROM CO3v71ac--lvC y 91000.00 34140 TO EXPENSE, OTHER THAN 9'�Qoo.on SALARIES l$HERIFF). TnTAI RFIJIIFST $15,000,00 $15,000.00 A LETTER FROM JACKSON MEMORIAL HOSPITAL WITH A LETTER OF AGREEMENT FOR A RATE INCREASE WAS REFERRED To GLADYS VIGLIANO, COUNTY WELFARE DIRECTOR AND DR. C.C. FLOOD, DIRECTOR COUNTY HEALTH DEPARTMENT. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER MASSEY, CHAIRMAN BoGosIAN VOTED IN FAVOR AND THE MOTION WAS CARRIED, AUTHORIZING THE ADMINISTRATOR TO ATTEND A MEETING ON NATIONAL FLOOD INSURANCE IN ORLANDO, FLORIDA ON APRIL 27TH, 1972, CHAIRMAN BOGOSIAN READ A LETTER FROM JETHRO CRAIG REQUESTING THAT ROSEWOOD BLVD, BE PAVED FROM THE END OF THE PRESENT PAVEMENT WEST To KINGS HIGHWAY. THE ADMINISTRATOR WAS AUTHORIZED TO EVALUATE THIS REQUEST AND REPORT AT THE NEXT, BOARD I MEETING. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: GENERAL FUND Nos. 4019 To 4069 INCLUSIVE; ROAD AND BRIDGE FUND Nos. 2020 To 2088 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 593 TO 598 IN- CLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 4:35 O'CLOCK P.M. ATTEST: CLERK _33-