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Home My WebLink About11/22/1972 (2)I r WEDNESDAY, NOVEMBER 22, 1972 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH,, FLORIDA ON WEDNESDAY, NOVEMBER 22, 1972, AT 8:30 O'CLOCK A.M. PRESENT WERE RICHARD P. BOGOSIAN, CHAIRMAN: ALMA LEE LOY, VICE CHAIRMAN: .JACK U. DRITENBAS: EDWARD J. MASSEY AND WILLARD W._ SIEBERT. JR. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS: JAMES REAMS, DEPUTY SHERIFF AND L.S. THOMAS AND ELIZABETH FORLANI, DEPUTY CLERK, THE CHAIRMAN.CALLED THE MEETING TO ORDER,`THE RE-ELECTED COMMISSIONERS, ALMA LEE LOY AND EDWARD MASSEY. AND NEWLY ELECTED _COMMISSIONER WILLARD W. SIEBERT, JR. WERE ADMINISTED THE OATH OF OFFICE BY COUNTY JUDGE, MILES B. MANK AND CIRCUIT COURT CLERK, RALPH E. HARRIS. ff RICHARD P. BOGOSIAN, CHAIRMAN, THEN TURNED THE CHAIR OVER TO PAUL D. BURCH, ATTORNEY TO THE BOARD, WHO ASKED FOR NOMINATIONS FOR CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS. COMMISSIONER BOGOSIAN NOMINATED ALMA LEE LOY AND COMMISSIONER MASSEY SECONDED THE NOMINATION,. COMMISSIONER MASSEY MOVED THAT NOMINATIONS CEASE AND COMMISSIONER DRITENBAS SECONDED w THE MOTION. THE BOARD UNANIMOUSLY APPROVED THE NOMINATION AND ALMA LEE LOY WAS ELECTED CHAIRMAN FOR THE ENSUING YEAR, AND THE ATTORNEY TURNED THE MEETING OVER TO CHAIRMAN LOY, WHO CALLED FOR NOMINATIONS FOR VICE CHAIRMAN OF THE BOARD. COMMISSIONER SIEBERT NOMINATED, EDWARD J. MASSEY AND COMMISSIONER DRITENBAS SECONDED THE NOMINATION. COMMISSIONER DRITENBAS MOVED THAT NOMINATIONS CEASE AND COMMISSIONER BOGOSIAN SECONDED THE MOTION. THE BOARD UNANIMOUSLY -APPROVED THE NOMINATION AND EDWARD J. MASSEY WAS ELECTED VICE CHAIRMAN FOR THE ENSUING YEAR. noes1 0 dnn �.i COMMISSIONER BOGOSIAN READ THE FOLLOWING RESOLUTION PREPARED FOR D.B. MCCULLERS, .JR., WHICH HONORED HIM FOR THE SERVICES HE': PERFORMED FOR INDIAN RIVER COUNTY DURING HIS 16 YEARS AS A COUNTY COMMISSIONER. R E S O L U T I O N No. 72-72 WHEREAS, D. B. McCULLERS served as a member of the Board of County Commissioners of Indian River County from August 21, 1956 to November 21, 1972, and WHEREAS, during that period of time, he did vigor- ously defend conservation and ecology in Indian River County, consistantly advocate protection of the county waterways and ocean front and, at all times, represented the interests of the small taxpayer of Indian River County, while striving for sound stable growth for the county, and WHEREAS, the Board of County Commissioners of Indian River County, on behalf of itself and all citizens of Indian River County, wish to publically express its appreciation for his long years of service. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that it thanks D: B. McCULLERS for his many years of public service and wish him success in future endeavors. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Y Richard Bogosian, Chairman ATTEST: ' ��jr '•�,Y /e, Clerk CHAIRMAN Loy PRESENTED MR. MCCULLERS WITH A COMMEMORATIVE PLAQUE AND COMMISSIONER DRITENBAS PRESENTED HIM WITH A FISHING REEL - A GIFT FROM THE MEMBERS OF THE BOARD, -2- o�r'aUL 64 Y ? � in-7� THE CHAIRMAN THEN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 8TH, 1972, THERE WERE NONE AND ON MOTION BY COMMISSIONER MASSEY SECONDED BY COMMISSIONER SIEBERT, THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 8TH, 1972 WERE UNANIMOUSLY APPROVED AS WRITTEN. THE COMMISSION OF EDWARD J. MASSEY WAS RECEIVED AND IS BEING MADE A PART OF THESE MINUTES. -3- NOV 2 21912 �� hay 65 I SE 2217 .. . �V TI � � rte'.• �!T"u :'t` O pa0a w �y • •- IN THE NAME AND BY THE AUTHORITY OF THE ItILPl SEVENTH &V/,d�e/ iip?f8Ii2(Ji'i e ME—INI ER OF THE BOARD OF COUNTY Colg4lSSIONERS DISTRICT NUh ER ONE IN aNn FOR INDI R COUN Y F R A TE1M BEGINNING ON THE TWENTY-FIRST DAY OF . NOVEMBER A. D. 1972 AND ENDING ON THE FIFTEENTH DAY OF NOVEMBER A. D. 1976. . ��e�rnei�/ fza,�U�,e.�fieciaG>�ru�tczncv�, ,�dIle EDWARD J. MASSEY J," c/u%tc6in <�/�fl, cypZy�7•itln'4� �/ 0� �� II/rlt f/i' veji,,/�m�,/�,`�ier,cn�ii�ry a�Ila, , , //teeta' EDWARD J. MASSEY tpi,i�rcC17/ MEMBER >t/te c�ir:�lr/rt c►r�,ailc�. crro,' (,',a1W/ �icte; �or�ll ;'�c� r�vnf�re • .aqui/ v, /,.el e,; ,/. /, ,/ , ,;i1el A lan�� .�ul�,�{j�rlf:rQrr��',tl e%�,o�'ice:,an�/,cr,�l'•t1 ��jwzc�er.�,ajij��a��u�zr� lle�reli;'.rr�r�;t.�'�,.1,�`CG,�/�',�rc��,� �%e'rc��,a�u✓/, td/�'ceac�,tlie/ firc-2*c��f�e.� ,a�ai�'�,ao�ccy�re�t.�S,�l �rec=�,rn,aecor �' Iyn Ze,atimonS�hertrai, TALLAHASSEE. THE CAPITAL, FIFTEENTH doh `y NOVEMBER �.r�R J`illliP�V°iII�PIIIi� ,,�,pll �Iltcd J0ir4%Y,00(, one eBYEj GOV HRNO R. ATTEST: SECRETARY OF STATE _S.` 3`t.�.i.v.. :r a NOV 2 2972 k' 6OCR 16 wt fib 0 0 THE COMMISSION OF ALMA LEE LOY WAS RECEIVED AND IS BEING MADE A PART OF THESE MINUTES- si 2056. --"Or sp-P, nzrm o;p sp'- -7 1-1 f YG f. j i:�: nft.. IN THE NAME AND BY THE AUTHORITY OF THE ICU ALNIA LEE LOY &w,W,,1,ek&,a1,mWie1_jEVENTH 72 MEMBER OF THE BOARD OF COUNTY COMMISSIONERS, DISTRICT NUMBER THREE, IN AND FOR INDIAN RIVER COUNTY FOR A TERM BEGINNING O.N THE TWENTY-FIRST DAY' OF NOVEMBER, A. D., 1972 AND ENDING ON THE FIFTEENTH DAY OF NOVEMBER, A. D., 1976. 1(14; ata n; 9 7"lt we li, r tao 6 m w/t x 4,14 a a ALMA LEE LOY eBYT�GOVERNOR. ATTEST SECRETARY OF STATE -5 - GOVERNOR OF FLORIDA j. rfj 177, a n, w w ol, IX � t II& (el, -9, Me e 6*; " ua I 16 � n1l J, a f if- ALMLA LEE LOYJMC/j/ tjjtjjNIBEi a a tjja e; v Ifl, (,.o# t e, ne p r el e ,of 10AW Ion 90011mong1uhrmor, 1p,&AA4A.4 , 4 my eve lFamm• Ille' Almle: of TALLAHASSEE,THE CAPITAL, NINTH2 "/—Ao--vE1111ER A. A ,,rw w NINETY-SEVENTH eBYT�GOVERNOR. ATTEST SECRETARY OF STATE -5 - GOVERNOR OF FLORIDA j. rfj 177, 117217 sF. 2135 COMMISSION COMMI OLLARD W. (BUNNY) TN IEBERT, JR. WAS RECEIVED AND IS BEING MADE A PART OF THESE MINUTES. `''y, '..�" ills 0THE p 0 E 0, M -a o kl_' Afa IN THE NAME AND SY THE AUTHORITY OF THE lk WILLARD W. (BUNNY) SIEBERT, JR. SEVENTH Oel. AQ_LL, I Awed, MEMBER OF THE BOARD OF COUNTY COMMISSIONERS, DISTRICT NUMBER FIVE, IN Ali AND FOR INDIAN RIVER COUNTY FOR A TEM BEGINNING ON THE TIVENTY-FIRST DAY OF Ifs NOVEMBER, A. D., 1972 AND ENDING ON THE FIFTEENTH DAY OF NOVEMBER, A. D., 1976. Al— WILLARD W. (BUNNY) SIEBERT, JR. Ajjqn Awdeww..,, AemvmwV&e, 4" &1v,9AnW44 &nekr ellaee� i av Im el Ao, -gov Xmof' WILLARD W. (BUNNY) SIEBERT. JR., MEMBER egtj Aiello/ la#Al' rh'y '&JI to/ 77" llrt leofintonglPhorrof, TALLAHASSEE, THE CAPITAL, NINTH NOVEMBER ?Xwmew :4 4 NINETY-SEVENTH KHE GOVER AT ;EST HE GOVERNOR Of FLORIDA -JI) I ell n Kit) 68 DEWEY WALKER, ZONING INSPECTOR REPORTED ON ZONING VIOLATIONS. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR PUBLIC HEARING FOR A 40NING CHANGE, AS REQUESTED BY .JAN KROMHOUT. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR PUBLIC HEARING FOR A ZONING CHANGE, AFTER THE MORATORIUM REGARDING MOBILE HOME -PARKS HAS BEEN LIFTED, AS REQUESTED .BY LEONARD HATALA & CLIFF REUTER. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR PUBLIC HEARING FOR A ZONING CHANGE, AS REQUESTED BY EDWIN SCHMUCKER REPRESENTING ROBERT DUERDEN. CHAIRMAN Loy COMMENDED DEWEY WALKER ON THE APPEARANCE OF THE COUNTY REGARDING THE FAST REMOVAL OF POLITCAL SIGNS. FRED GALLAGHER REPRESENTING BEACHLAND DEVELOPMENT CORPORATION AND EDGAR SCHLITT, REALTOR, APPEARED REQUESTING AUTHORIZATION TO ADVERTISE FOR PUBLIC HEARING FOR A UTILITY FRANCHISE.. THE ADMINISTRATOR STATED THAT ALL MATERIALS FOR A UTILITY FRANCHISE MUST BE IN HIS OFFICE FIVE WORKING DAYS BEFORE THE PUBLIC HEARING TO ALLOW SUFFICIENT TIME FOR JAMES BEINDORF, COUNTY CONSULTING ENGINEER AND HIMSELF TO REVIEW ALL MATERIALS AS SPECIFIED IN THE UTILITY FRANCHISE REQUIREMENTS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC HEARING FOR A UTILITY FRANCHISE, ON DECEMBER 20, 1972, AS REQUESTED BY BEACHLAND DEVELOPMENT CORPORATION. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: -7- PROOF OF PUBLICATION IN RE: APPLICATION FOR SEWERAGE FRANCHISE BY PEBBLE BAY,INC., a Florida corporation M VERO BEACH PRESS -JOURNAL - NOTICE SEWERAGE FRANC IN RE: APPLICATION FOR SEWERAGE FRANCHISE TO WHOM IT MAY CONCERN: YOU ARE HEREBY NOTIFIED that Pebble Bay, Inc.,,I Florida Published Weekly corporation, will apply to the Board of County commissioners Gf Indian River County, on November 22,1972, at the hour of 9:30 A.M., in they :ounty , Florida Commissioners' Room in the Indian River County Courthouse, Vero Vero Beach, l`ndian River Coun Beach, Florida, for a sewerage franchise covering the following desS cribed property to be embraced by said franchise, to -wit: All that land lying in the County of Indian River, Florida, described COUNTY OF INDIAN RIVER: as. STATE OF FLORIDA plat Allot that subdivision known as Pebble Bay Estates as shown on plat filed In Plat Book 8, page 17 and 174, records of Indian River County da, and Before the undersigned authority personally appeared J. J. Schumann, J e, Filo ihalf of Government Lot 9, Section 19, Township 32 South, says that he is Business Manager of the Vero Beach Press-JoumB. Th al, a weekly news Range So East lying West of State Road A•1 -A, including therein the at Vero Beach in Indian River County, Florida; that the attached copy of adver Northerly 38.19 feet of said Pebble Bay Estates. The proposed rates and hookup charges are as follows, to -wit: QUANTITY RATES First 3,000 gals. 56.76 Min. Next 42,000 gals. 1.06.1000gal. �� yJ.R -, Next 25,000 gals. 0.90.1000gal. the matter of _�_ - -- Next 35,000 gals. 0.78.1000 gal. All Over 75,000 gals. 0.66.1000 gal. MAXIMUM RESIDENTIAL shall be equal to Meter Minimum plus MAX IMUMDUPLEXshal1beequaltoMeter Minimum plus 57.80. MINIMUM & MAXIMUM CONDOMINIUM AND COOPERATIVE in the 1 APARTMENTS rates shall be equal to minimum and maximum residential rates for 3/411 meter times the number of units. SEWER HOOKUP CHARGES shall be 5200 -connection. This shall be public sewerage system and shall continue in effect until lisped in said newspaper In the issues of---- — - ---- such time as it may be merged and taken into a sewerage system operated by a governmental agency and -or authority. DATED this 91h day of November, 1972. Board of County Commissioners Indian River County, Florida BY: •s- Jack G. Jennings Affiant further says that the said Vero Beach Press -Journal is a newspap County Administrator Vero Beach, in said Indian River County, and that the said newspaper Nov. 12, 1972. been continuously published in said Indian River County, Florida, weekly and ha, ueeneu as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm Or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this Z_ ___ _.da oflA�--- - -- -------- "-_—__ —%J r ---�- - (Business Manager) 120 _ �Ierkoft ircuit Court, Indian River County, Florida) (SEpW LAW OFFICES VOCELLE GALLAGHER P. 0. Box 1900 VERO BEACH, FLORIDA 32960 1 RHA 16 PAU 7( FRED GALLAGHER. REPRESENTING PEBBLE BAY INCORPORATED i PRESENTED THE FOLLOWING AFFIDAVIT TO THE BOARD. LAW OFFICES VOCELLE GALLAGHER P. a. Boz loan VERO BEACH, FLORIDA 33960 AMENDED AFFIDAVIT STATE OF FERIDA ) COUNTY OF INDIAN RIVER COMES NOW, FRED T. GALLAGHER, as one of the attorneys for Pebble Bay, Inc., a Florida corporation, who first being duly sworn, upon his oath deposes and says as follows: That he didon the 8th day of November, 1972, mail to the hereinafter named parties, with sufficient postage prepaid thereon, copies of the Notice which is attached hereto and made a part hereof: Robert W. and Louise M. Morrow Box 5, Wilson Avenue North Apollo, Pennsylvania 15673 Bethel Isles Corp. No. 3 P. 0. Box 3428, Beach Station Vero Beach, Florida 32960 Robert F. and Ailene B. Lloyd P. 0. Box 1621 Vero Beach, Florida 32960 Rosemary B. Callahan 935 Surf Lane, Pebble Beach Vero Beach, Florida 32960 J. Calvin and Dorothy Lang 925 Surf Lane, Pebble Beach Vero Beach, Florida 32960 Earl Groth,Inc. 99 Royal Palm Boulevard Vero Beach, Florida 32 960 DATED the 21st day of November, 1972. ? SEAL red T. rT Sworn to and subscribed before me this 21st day of November, 1972. Nofary Public, State of Florida at Large. My Commission Expires: '141/73 in r,3 0 A ,, NJ JAMES BEINDORF, COUNTY CONSULTING ENGINEER AND THE ADMINISTRATOR REVIEWED THE MATERIAL SUBMITTED AS 'SET FORTH IN THE UTILITY FRANCHISE REQUIREMENTS AND RECOMMENDED APPROVAL SUBJECT TO SATISFYING THE FOLLOWING REQUIREMENTS LISTED AS ITEMS 6, 8, 9 AND 13, OF THE UTILITY FRANCHISE REQUIREMENTS MR. GALLAGHER STATED THESE ITEMS COULD BE COMPLETED AND PRESENTED AT THE NEXT BOARD MEETING AND REQUESTED A CONTINUANCE OF APPROVAL GIVEN TO PEBBLEBAYINCORPORATED AT THE REGULAR MEETING OF NOVEMBER 8, 1972, TO USE THE SEWER LINES LOCATED IN THE COUNTY. THE SEWER PLANT IS LOCATED IN PEBBLE BAY SUBDIVISION IN THE TOWN OF INDIAN RIVER SHORES. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD THERE WERE NONE AND UPON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED AN EXTENSION OF TWO WEEKS, FROM NOVEMBER 22, 1972 TO DECEMBER 6, 1972, BE GIVEN TO PEBBLE BAY INCORPORATED TO USE THE SEWER LINES LOCATED IN THE COUNTY. THE PUBLIC HEARING FOR A SEWER FRANCHISE SCHEDULED FOR 9:30 O'CLOCK A.M. FOR JOHN W. MCGUIRE TRAILER PARK, BY TREASURE COAST UTILITIES INC., REPRESENTED BY STEVE HENDERSON, WAS TABLED UNTIL THE NEXT REGULAR MEETING TO ALLOW THE ADMINISTRATOR AND THE COUNTY CONSULTING ENGINEER SUFFICIENT TIME TO REVIEW THE DATA RECEIVED. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD THERE WERE NONE AND UPON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED CONTINUING THIS PUBLIC HEARING FOR A SEWER FRANCHISE FOR TREASURE COAST, INC. AT THE NEXT REGULAR MEETING OF THE BOARD. THE PUBLIC HEARING FOR A SEWER FRANCHISE SCHEDULED FOR 9:30 O'CLOCK A -M, FOR HIDDEN COVE SUBDIVISION AND RIVER RIDGE ESTATES REPRESENTED BY AL PANDA, WAS TABLED UNTIL THE NEXT REGULAR MEETING TO ALLOW THE ADMINISTRATOR AND THE COUNTY CONSULTING ENGINEER SUFFICIENT TIME TO REVIEW THE DATA RECEIVED. -10- O. 22 1971 IC #10Gt IG 72 PETITIONERS: j The Moorings of Vero Property Owners Association, Inc.; Floralton Beach Association, Inc.; Porpoise Point Property Owners Association; Smuggler's Cove Property Owners; Vero Beach Association; St. Christopher -By -The -Sea; Property Owners; and the members of said Associations. NOV 221972 • WI This Petition is submitted by a large number of concerned citizens of Indian River County for the purpose of ensuring the orderly development of this County for the benefit of all of its residents. Indian River County, through the Vero Beach -Indian River County Planning Commission, has taken steps toward the adoption of a land -use plan by contracting with the Department of Community Affairs, State of Florida, for the preparation of various technical memoranda relating to land -use planning. A great deal of time and money from local tax funds and federal grants has gone into the preparation of these reports and now, i at long last, they are available. The Petitioners understand that the reports prepared do not, I in themselves, represent the so-called "Master Land -Use Plan" but are, i in effect, an important step toward the adoption of such a plan. We are i n- cerned, however, that the eventual adoption of the plan may be a futile; act in view of the run -away rezoning currently being sought before the Indian River County Zoning Commission. I i The technical memorandum entitled "Conceptual Land Use Sketch Plan" presents three land -use alternatives and, by its own language, is an attempt to ".... provide a background upon which to formulate a more finite and detailed plan and subsequent phases of the local planning program:" The "Conceptual Land Use Sketch. Plan" presents three alterna- tives based on population density: i Alternative I - Lower net residential density. Alternative II - Encourage existing development trend. Alternative III - Higher net residential density. It is recognized that each alternative offers its own advantages and disad- vantages. The Petitioners do not intend, at this point, to urge the adoption Rook 74 s of any particular alternative or variation thereof. We do submit, however, that through the massive rezoning being sought by certain developers, the choice of alternatives is becoming no choice at alll In effect, the developers will make the choice through successful rezoning efforts 1 The overall effect of last minute massive rezoning prior to the adoption of the land -use plan could accurately be described as "reverse - planning", that is, rather than the plan controlling zoning, zoning is con- trolling the plan. It follows that if zoning controls the plan, there is really no plan at all. Indian River Countywill find itself back where it started, i.e., short-sighted planning through rezoning on application. I A typical example of the threat of "reverse -planning" is founi d on the agenda for the Indian River .County Zoning Commission meeting to be held on November 16, 1972. Two applicants, specifically, Golden Sands and Veromar Development Company, Ltd., seek commercial and high. i density multiple rezoning for approximately 213 acres of beach property. Assuming rezoning efforts of this type are successful, the land -use plan to be adopted, as it affects these areas, is meaningless! The choice of alter- natives is made - not by the citizens of Indian River County and the govern- ing officials, but by those absentee developers/speculators pursuing their private interests. This threat of "reverse -planning" was recognized by Vero Beach - Indian River County Joint Planning Commission members, RalphSexton and Iry Dyer, on May 161 1972, when a three-month "informal moratorium" on all zoning change requests •Was imposed. The intent was to give the City - County planning staff time to work on the "Master Plan". Since that time, the technical memoranda have been received and are currently under study. -2- I V 19 % .If • I However, the drafting of the Master Plan continues. Thus, the reasons prompting the informal moratorium in May, 1972, remain, the only dif- ference being that the current situation is now more critical than ever due to the phenomenal rush to the Zoning Commission. The Indian River County Commission has the express power under Section 27 (D), Indian River County Ordinance 71-3, to employ stop -gap methods ."....pending the completion of comprehensive zoning plans." We request this Commission to act pursuant to this Section and to impose a moratorium on all present and future rezoning requests which are de novo in nature, (i. e., are not related .to previously approved and on-going i developments) and which could significantly affect the completion and adoption of the Master Plan now under consideration by joint City and County commissions and officials. This is the only course of action that would 4 ensure that the Plan, when adopted, would not be rendered obsolete through pre -adoption rezoning! The only alternative to a rezoning moratorium is to stop the expenditure of further County, State and Federal funds on a plan which promises to be subject to so many special interest exceptions,. that it is really no "land -use plan" at all, merely a very expensive zoning map. Thus, in the alternative, if the moratorium requested above is not granted, then Petitioners request that a moratorium be placed on the expenditure of further funds on continued consideration of a Master Plan that will be rendered moot by interim rezoning. Respectfully submitted, QL %?Ld�`�,yJ�o/�i'��=4� l.�vX•� �'�,��„�. man/ �5t�c.N' f}'Sto�-, C,, " `-vl t �W S � � ✓O�C;/�M.1 U fiiTlM�t� O (/.Ply-e✓`�.e .-..�, Q-o�a-a e.c a x�+---.. NOV 2 2 1972. Boa 18 pact 7 ' ' ~ ` ' ^ ` - � . ! ` �x�r� P/^m �c � ~ MR. AENDER8ON STATED THAT THE .""~^�R ^�=^. P�� .�W� BEACH � AND INDIAN RIVER COUNTY HAS NOT BEEN ADOPTED lNSPJTE OF THE FACT THAT THE ZONING COMMISSION RECEIVED IT TWO MONTHS, AGO AND ME IS NOW � � � REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO.ENFORC2 A MORATORIUM . ON FUTURE ZONING CHANGES UNTIL THE MASTER PLAN IS ADOPTED. � � GERMAN SUARGZ^ PRESIDENT OF THE MOTEL AND HOTEL ASSOCIATION . APPEARED REPRESENTING VERO-MAR DEVELOPMENT COMPANY, |Tn" HE STATED . & MASTER PLAN NEEDS TO BE ADOPTED BUT WAS AGAINST A ZONING MORATORIUM" ' DAVE ALBRECHT, CONTRACTOR" APPEARED AND STATED HE WAS AGAINST A MORATORIUM. ' JAMES BEINDORF^ ENGINEER,' STATED THAT A MORATORIUM WOULD PLACE AN EXTREME HARDSHIP ON THE PEOPLE COMING INTO THE COUNTY. ADMIRAL A,E. MmORE^ A RESIDENT OF SMUGGLER'S CnnG^ � ' SPOKE IN SUPPORT OF A MORATORIUM ON ZONING OF NEW PROJECTS UNTIL THE ` COUNTY COMMISSIONERS AND THE PLANNING AND ZONING COMMISSION ADOPT THE MASTER M»STER pLAN. � WILCOX�N ,, OF TAYLOR LOR LNTERPRlSES STATED THAT DEVELOPERS { NEED AND WANT GUIDELINES, BUT ARE AGAINST A MORATORIUM, WHICH WOULD | EFFECT PEOPLE, JOBS AND THE ECONOMY. 8 � ' ,.L ~�ATTER�DOD^ REALTOR, SPOKE AGAINST A MORATORIUM. ' . | Vm/ gRENNAN* CITY -COUNTY p/^mNlNG DIRECTOR STATED -THAT / WE COULD MOVE TOWARDS THE ADOPTION OF THE PIASTER PLAN WITHOUT A i MORATORIUM" . AmpH SEXTON, CHAIRMAN OF THE ZONING COMMISSION STATED THAT THE ZONING COMMISSION DECLINED TO RECOMMEND A ZONING MORATORIUM To THE COUNTY COMMISSIONERS BECAUSE THEY DID NOT FEEL IT WAS NECESSARY. THE ZONING COMMISSION RECOGNIZES THE URGENCY OF A MASTER PLAN. AND HAS PLEDGED TO WORK AS QUICKLY AS POSSIBLE TO COME UP WITH POLICIES, - RECOMMENDATIONS AND ADOPTION OF THE MASTER PLAN, CHAIRMAN Loy STATED THE ZONING COMMISSION HAS DONE AN EXTREMELY GOOD JOB AND THIS BOARD APPRECIATED THEIR SINCERE EFFORTS AND DEDICATION. COMMISSIONER SlEBERT EXPRESSED HIS UNDERSTANDING OF THE PETITIONER'S REQUEST, BUT DID NOT FEEL THAT A MORATORIUM ' i WAS NECESSARY. { "107 ` NOV' �� & � � �� ^� t COMMISSIONER DRITENBAS QUESTIONED VAL BRENNAN AS TO WHEN HE THOUGHT THE MASTER PLAN WOULD BE READY FOR ADOPTION. MR. BRENNAN STATED THAT IT WOULD BE IMPOSSIBLE TO DETERMINE AT THIS TIME, BUT HE HOPED IT COULD BE READY FOR ADOPTION BY JANUARY 1973. RALPH SEXTON STATED THAT THE ZONING COMMISSION WILL MAKE' EVERY EFFORT TO HAVE THIS MASTER PLAN READY FOR ADOPTION BY .JANUARY 1973. CHAIRMAN LOY THANKED THE PEOPLE FOR COMING AND GIVING THEIR VIEWS AND STATED THAT THE COUNTY COMMISSIONERS WILL WORK WITH THE ZONING COMMISSION TO HELP SPEED THE PROCESS OF ADOPTING A MASTER PLAN FOR INDIAN RIVER COUNTY. MR. HENDERSON REQUESTED THAT THE ZONING COMMISSION AND THIS BOARD CONSIDER EACH APPLICATION FOR REZONING ALONG THE LINES OF HOW IT WILL EFFECT THE MASTER PLAN. 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 NOTICE Published Weekly NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian Vero Beach, Indian River County, Florida River County, Florida, has made its final report recommentling the •following changes and add tions to j the' Zoning Resolution of Indian COUNTY OF INDIAN RIVER: River County, Florida, which said STATE OF FLORIDA changes and additions are sub- stantially as follows: Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath 1. That the Zoning Map be changed says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published . In order that the following described at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being property, situated In Indian River County, Florida, to -wit: Boundaries established on s-'� Government Lot 1 and Govern. — a - _---- ---.- ._.-- ._._..._.—.--_ Y— - - — _ - — ....- — - - ment Lot 2, except the West 17 feet of said Government Lot 2, Section 14, Township 31 -South, �_-------- ------- •_______in the matter of ____ �9�-f___ _ •�+_____�_ Range 39 -East, Indian River "-- - `- -- County, Florlda. AND L Boundaries established on all of _�,c C2G k:a r� tz% Government Lots 1 and o East ----_-_--•-_-----------_� _ ----- _ _��!- ---_ ----.--1 of SR A -1-A in Section 15, Township 31 -South, Range 39. East, LESS the North 100 feet of the Court was pub- Government Lot 1. Said land lying and being in Indian River • County, Florida. Be changed from A -Agricultural lisped in said newspaper In the issues of and R-1 Single Family Districts to R-3 Multiple Dwelling q District, with Special Ex - captions for multi-familY dwellings, motel, restaurant, and bar. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at A public hearing in relation Vero Beach, in said Indian River County, and that the said newspaper has heretofore thereto at which parties in interest been continuously published in said Indian River County, Florida, weekly and has been entered and citizens shall have an op - as second class mail matter at the post office in Vero Beach, in said Indian River County Florida portunity to be heard will be held by for a period of one year next preceeding the first publication of the attached copy of adver- the Board of County Commissioners tiservent; and affiant further says that he has neither paid nor promised any person, firm or of Indian River County, Florida, in co•poration any discount, rebate, commission or refund for the purpose of securing this adver- the Canty Commission Room, In. County, Vero tisement for publication in the said newspaper, dian Beach,ver Florida, at u10:00 so'clock G.� 6--l- A.M. on the 22nd day of November, 1.-! da Zr_ 1972, after which said Board will Sworn to and subscribed before ��Iis _ �__ y f.__._-A.D..__ _l1�_Z__._ take action thereon with respect to any other changes In zoning of said _—�-----:--._-..--- ~�-.t-~-__-------_ above described property or any (Business Manager) lesser or greater area In the vicinity of said property or pertaining to said changes as shall appear proper. Board of County (Clerk of the Gfi`cuit Court, Indian River County, Florida) Commissioners of FlridaRiver County, (SEAL) _��_ By: Richard P. Bogoslan, Chairman Oct. 19, 1972. tout 18 its V2247 THIS MATTER HAD BEEN PRESENTED TO THE ZONING COMMISSION AT A PREVIOUS MEETING ON NOVEMBER 160 1972 AND WAS TABLED UNTIL THE MASTER PLAN IS ADOPTED. THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE AND. UPON MOTION MADE BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER.MASSEY, THE BOARD UNANIMOUSLY APPROVED THAT THE PUBLIC HEARING SCHEDULED FOR GOLDEN SANDS BE TABLED AND REFERRED TO THE PLANNING AND ZONING COMMISSION FOR APPROPRIATE ACTION. 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 t -- I. - Published Weekly NOTICE Vero Beach, Indian River County, Florida the DZon gl Commiss on ofE nd an River County, Florida, has made its j i final report recommending the COUNTY OF INDIAN RIVER: following changes and additions to STATE OF FLORIDA the Zoning Resolution of Indian River County, Florida, which said Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath changes and additions are sub- says that he is Business Manager of the Vero Beach Press -Journal, a weekl news a stantially as follows: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in order that t1. That the he following described ri Property, situated In Indian River County, Florida, to -wit; a -- ---------•- _.� The North 230'ofthe West 433, of — - '- Tract 4, Section 22, Township 33. South, Range 39 -East, LESS the —In the matter of _ 1 North thereof for Drainage — —• "S=____ _ Districtt R•AND LESS the West 25' thereof for Clemanns Q Avenue (43rd Avenue) R -W, ,}-------------------- _Y_•--_•__—� Indian River County Records. Be changed from C-1 Com. mercial District to R-1 Single in theFamily District. -- Court was Pub- A public hearing in relation thereto at which parties in interest I Ilshed in said newspaper in the issues of and citizens shall have an op. __-__—_— - portunity to be heard will be held by i the Board of County Commissioners of Indian River County, Florida, In the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, at 10:00 o'clock Affiant further says that the said Vero Beach Press -Journal is a newspaper published at A.M. on the 22nd day of November, Vero Beach, in said Indian River County, and that the said newspaper has heretofore . 1972, after which said Board will been continuously published in said Indian River County, Florida, weekly and has been entered take action thereon with respect to as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida any other changes In property r said fora to above described property vi any period of one year next preceeding the first publication of the attached copy of adver- lesser or greater area in the vicinity tisement; and affiant further says that he has neither paid nor promised any person, firm or of said property or pertaining to said corporation any discount, rebate, commission or refund for the Purpose of securing this adver- changes as shall appear proper. tisement for publication in the said newspaper. Board of County Gp Commissioners Sworn to and subscribed before thi ------ 1 A D (�� L Of Indian River County, — ----_- o ---- - ----•--- -- Florida. By: Richard P. Bogosian, Chairman --- -- -- -- Oct. 19, 1972. (Busine /Manager) -- •---- � .!!tom (SEAQ (Clerk of the C icuit Court, Indian River County, Florida) — THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE AND UPON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE FOLLOWING RESOLUTION WAS ADOPTED. RESOLUTION m. 72-73 WHEREAS, the Zoning Commission of Indian River County, Florida,' did, after public hearing, make its final report recommending changes and additions to thee -Zoning Resolution of Indian River County, Flor- ida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which par -ties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners ommissioners of Indian River County, Florida, that the Zoning Resolution of Indian River County, Florida, and the accompanying Zoning map, be changed as follows: 1. That the Zoning Map be changed -in order thatthefollowing described property, situated in Indian River County, Florida, owned by Eugene T. Johns, to -wit: The Forth 2301 of the West 4331 of Tract 4, Section 22, .Township 33 -South, Range 39 -Fast, LESS the Forth 30' there- of for Drainage District R/IV7, AND LESS the West 25' there- of for Clemanns Avenue (43rd Avenue) R/W, Indian River .County Records. Be changed from C-1 Commercial District to R-1 Single Fam- ily District. All within the meaning and intent and as set forth and described in said Zoning Regulation. _19- F 4f VERO BEACH PRESS -JOURNAL Published Weekly NOTICE Vero Beach, Indian River County, Florida NOTICE IS HEREBY GIVEN that Me Board of County Commissioners of Indian River County, Florida, will COUNTY OF INDIAN RIVER: consider on November 22, 1972, at STATE OF FLORIDA 11:20 a.m., at a public hearing to be held in the Indian River County Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Courthouse, Vero Beach, Florida, says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published the enactment of a county ordinance at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being to be entitled: An Ordinance to be entitled "Indian River County Runway Approach Zone Height Limitations Ordinance," establishing maximum heights for structures and natural ob. .Jn the matter of ___ �"s�= - -- - lects within certain designated —___-- --- — (� airport approach zones, giving definitions; making violation of said ordinance a misdemeanor and establishing an ~Iva - --�—__ date. Board of County --In the Court, was Pub- Commissioners of Indian River County, Florida By: Richard Bogoslan lashed in said newspaper in the issues of _-- - Nov. 9, 19M. .., - 1n°` 9, 197, Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement, and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. f Sworn to and subscribed before me is .- _� __— ay o . / .`---- A D• — — --- —� (Business Manager)-- (Cle�oftheercuit Court, Indian River County, Florida) (SEAL) THE ABOVE PUBLIC NOTICE FOR A PUBLIC HEARING TO BE HELD TODAY ON THE ENACTMENT OF A COUNTY ORDINANCE PERTAINING TO THE INDIAN RIVER COUNTY RUNWAY APPROACH ZONE HEIGHT LIMITATIONS ORDINANCE WAS POSTPONED DUE TO THE ZONING COMMISSION'S RECOMMENDATION THAT SOME DISTINCTION BE MADE BETWEEN PRIVATE AND PUBLIC AIRPORTS THE ATTORNEY WAS REQUESTED TO PREPARE ANOTHER DRAFT AND READVERTISE FOR A PUBLIC HEARING. — ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED, ON AN EMERGENCY BASIS, AN AMENDMENT TO INDIAN RIVER COUNTY ORDINANCE N0. 71-3. -20- 04 ORDINANCE 72-9 AMENDMENT TO INDIAN RIVER COUNTY ORDINANCE NO. 71-3 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Section 25 of Indian River County Ordinance No. 71 - 3 is hereby amended on an emergency basis by a unanimous vote pf the Commission by adding the following Paragraph R: R. EXCAVATIONS. Any excavation in excess of 100 cubic yards, except those made on a building site in connection with construction of a building or swimming pool for which a building permit has been issued, are hereby prohibited without a permit therefor first issued by the Indian River County Administrator. Applications for permits to excavate fish ponds must be approved by the U.S.D.A. Soil Conservation Service before the permit will be issued. Fish ponds must be set back at least 50' from any property line. The 50' is measured from the top of the slope. Removal off the site or sale of more than 1000 cubic yards is hereby declared to be a mining operation and is pro- hibited without first obtaining a mining permit from the Indian River County Administrator in accordance with Section 4 (B) (2) of this Ordinance. This Ordinance shall be effective on November 22, 1972. rock 16 PC1- 1. 82 A0 THE BOARD THEN ADJOURNED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. THE ADMINISTRATOR READ THE FOLLOWING LETTERS FROM THE PILOT CLUB OF INDIAN RIVER COUNTY - VERO BEACH AND THE VERO BEACH JAYCEES •-��,• PILOT CLUB OF INDIAN RIVER COUNTY-VERO BEACH VERO BEACH, FLORIDA - 32960 i November 17, 1972 Board of County Commission Court House Vero Beach, Florida Gentlemen: The attached statement showing results of Indian River County's Re- cycling Program this year, and the organizations part icipating, speaks for itself. On November S. the Vero Salvage Company, announced they would no longer accept paper for recycling. 'ven though the participating organizations voiced agreement that theywould be willing to continue such collections, without any payment from the local salvage company; if the company would continue to accept papers - the answer was still "no." This week, organizations in the recycling program met again, to examine the various Leans and costa of dealing with the collections. County Administrator Jack Jennings, City Manager John DuI°_ars and Public :Forks Director Lewis Greene attended this meeting by invitation. In our opinion, only one solution was suggested, which could realisti- cally keep our recycling program going: the use of a Transport, Transfer Container, belonging to the County, which could be used to transport"�� one -da collections__to._Rockledge.--A salvagte cora_ranyhe tre has -assured us they will accept any amadnt-of paper, with no restrictions on the amount. If the Bowra of County Co=.Assioners would agree to participate in this :tanner, the remuneration of the collections (present rate is 40¢ per 100 lbs.) would be used to offset any costs of transporting collections to Rockledge. The equipment could be set up in the centrally- locat*ed Miracle .laza, and the 3 -hour Recycling Day collections loaded into it, and it could be moved out that aft.ernoon. I,:r. Raley of Publix i-,arket assures us such procedure has the approval of the Plaza merchants. Other methods investigated are too costly to allow continuation of this program by the present organizations. Rental of.. a truck, large enough to carry 15 or more tons would be approximately 9120, without fig,. -.-ring cost for a driver. A railroad car, because of the hours of the Rockledge Salvage Company, would have to sit on the sitting for two days, making the cost prohibitive. Presant method of using, donated vehicles to transport collections would not work, taking them such a distance. The general consensus of those attending this week's meeting was we must keep Indian River County's Recycling Progran going., It is assumed collections will increase each ponth, as they have in other areas, doing similar work. The Organizations are willing to continue to man collection points, publicize and promote the event, and continue our educational program. The only stumbling block at present, is how to move tons of paper out of the county for recycling. -22- 291 ��. 6 83 �v Board.of County Commission, Indian River Co. 11-17-72 This :E;ponsorinr. club of Indian River County's Recycling Program earnestly asks t'=is Board -of County Connissioners to consider at your next r.:eetil.7 t:_e use of the County's Trans nort—Transfer Gont;! finer, in the manner already stated. Your epproval, tiill allow a good thing to get better, and place the County on a participating basis viith all those involved in this grogram. I Respectfully, Be 'l.eE.eli �in, Chai roan P iPA Comm. Pilot Club of Indian River Co.—Vero Beach attach special messenger GI Qy r 1 � 1 IS 1 RONNI. DRAKE PRESIDENT RICK BAKER p1SET VICE-PRESIDENT j DON HOLLAND SECOND VICE•PPHSIDENT BILL HATCHER THIRD VICE,PRESIDENT TOM KIRKPATRICK SECRETARY DAN SMITH TREASURER CHARLIE GARRETT DIRECTOR JERRY MCALLISTER DIRECTOR DAVE MACY DIRECTOR DWIGHT STAECKER DIRECTOR LARRY TIPPING DIRECTOR LONNIE WOODS DIRECTOR BOB GRICE STATE DIRECTOR WIN FARLESS CHAPLAIN RANDY PHILLIPS PAST PRESIDENT THE VERO BEACH JAYCEES WINNER OF GIESSENBIER AWARD 84.35 93.56 99.60 60.61 63.64 65.66 68.69 70-71 POST OFFICE BOX 1671 HEADQUARTERS JAYCEE BEACH PARK VERO BEACH. FLORIDA 92980 County Commissioners Indian River County Vero Beach,:Fla; Dear Sirs, As men interested in our community and the ecology of our area, we seek your help-. The groups that support the paper drive each month, request that they be allowed to use the county owned containerized trash disposal unit for collection and disposal of the paper they collect. It is.our understanding that they want the county to place the large .15 ton container at a convenient point, for collection of newspaper and magazines. The county was then to haul the newspapers to the nearest collection point, and was to be. reimbursed by the groups supporting the drive; from the proceeds of selling the paper. We urge the Commissioners to accept this proposal. - Any newspaper or paper we can take out of our county and sell; -helps our land fill operation. We must find other ways of disposing our waste and this is a step in the right direction. As young men seeking to improve our community, -we strongly -urge your acceptance in this plan. As an organization we are 100% behind the groups supporting this drive, and we offer our assistance where ever possible. cc: PAPA CordialI Don o land, President _23_ Vero Beach Jaycees 0V 2 2 1972 16 rAt, .84 Cil .BETH MEGELIN AND DOROTHY FRIBURG OF THE PILOT CLUB OF INDIAN RIVER COUNTY - VERO BEACH AND DON HOLLAND OF THE VERO BEACH JAYCEES APPEARED REQUESTING THE BOARD'S ASSISTANCE TO CONTINUE THE PAPER RECYCLING PROGRAM. THE PILOT CLUB IS REQUESTING THE USE OF A COUNTY OWNED TRANSPORT -TRANSFER CONTAINER WHICH WILL BE PLACED AT THE MIRACLE MILE PLAZA ON RECYCLING DAY AND THEN THE DAY'S COLLECTION TRANSPORTED TO ROCKLEDGE FOR•RECYCLING. THE BOARD STATED THEY WERE VERY MUCH IN FAVOR OF THIS PROGRAM AND COMMENDED THE PILOT CLUB AND PARTICIPATING ORGANIZATIONS ON THEIR OUTSTANDING ACHIEVEMENTS. ON MOTION BY COMMISSIONER SIE EERT. SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE ABOVE..REQUEST AS PRESENTED BY THE PILOT CLUB OF INDIAN RIVER COUNTY - VERO BEACH. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO WORK INTO THE ROAD AND BRIDGE DEPARTMENT'S SCHEDULE THE PAINTING OF A FIRE TRUCK USED BY THE FELLSMERE VOLUNTEER FIRE DEPARTMENT. ON MOTION BY COMMISSIONER DRITENBAS SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE RIGHT OF WAY CONTRACT. -24- NOV 24- N0V 2 2 1972. flaCA6 mu 5 �v On motfon of Commissioner DH tenbas seconded by Commissionen Maccgv , the following i resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized and requested Indian River County to furnish the necessary rights of way, borrow pits and easements for that portion of Section U503 -2G03, Mate road S-609, mitending from rtat-c road EJ.Vortherly along ranch :toad to LarL-er Avenue i which -has been surveyed and located by the STATE OF FLORIDA DEPART- MENT 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 •i land.necessary for said•portion of said Section has been conveyed to C a� or vested in said State by said County, and said lands are physically cleared of all occupants, tenants,�fences, buildings, and/or other structures and improvements upon o3:� encroaching within the limits of A 1 the land required for said portioii of said Section; and E 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 TRANS- } PORTATION be and it is hereby requested to pay for the rights of j way, borrow pits and easements for said road, including the removal of buildings, 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 condem- nation, from proceeds of State of Florida Department of General Services bonds or secondary gasoline tax funds (Article XII, Section { r 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 -25- V 7+ pool 86 I I t { RESOLvm, that said County through its Board of County Commissioners, comply with the request of said Department and pro- f - cure, 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; STATE OF FLORIDA ) COUNTY OF 11:DIX4 RIVER ) I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the -Board of County Commissioners of Indian river County, Florida, at a meeting held the 8 day of '',, l:fml2.eA- jA• D. , 19Z�, and recorded in the Commissioners minutes. IN WITNESS TtIHEREOF,,;I hereunto set my hand and official s seal this day of `y%A. D. 19 (SEAL) Clerk of t Bo f Co- u t r Commissioners o IIndian R�r Dov -26- WHEIREA:", pursuant to due authorization, the ''tate 1-iirhwav Engineer has had a part of State Road No.I; _�u.'i Vzr County located and surveyed and has designated sante ac Section _ s+v7_4 ,_6i:�:, , and has prepared a Map of i `Sumev and `.oc%: ion of that of said Sectic:i~ a,:.L ::.::.'1•/ L=a $Eata Road 60 ..++�VitL--r1, aims, ZaLcA, .,0Zd to wal::'.: �i. tiVe:l atia• \O«. 'THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION that it hereby approves the location and'survey pf said portion of said Section as shown on said.map and directs that a copv of said map, certified by the,Director of Administration, attested by the: Executive Secretary, be filed in the Office of the Clerk of the Circuit Court of said County; and ; BE 11' FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION that the consiructiori of said portion of said Section is necessarv, pradieal and to the best interect of the State, •and that it is necessary that the right of way for the roadbed and borrow pits for said portion of said Section be acquired in fee simple and a perpetual eaeement shall be acquired for Drainage Ditchce. and the Department is authorized to .acquire the same by gift, purchase or condemnation; and BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested and authorized. to secure by gift, purchaee or condemnation the lands necessary for the right of way for the roadbed for .aid portion of said Section as shown on the official right of way map of said Set -tion. togelhvr with any and all eonstructicm casements, borrow pits and easements for drainage dile-hes that nun hereafter be found and determined necet-sary in the construction and maintenance of paid portion of said Section, said land to be free of h-ral and ph} eical encumbrances; and i BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of way for the roadbed, ditches and borrow pits for: ;id portion of said Section, that the Director of Ad- minietration of the I►epartment i>, hereby authorized to execute for the Department the usual Right of Way Contrao with the Count;. STATE OF FLORIDA --� DEPA TME "1 F TRANSPO �'I'ATION Secretary of Transportation V (SEAL) ATTEST: �� kxe—VU ii j- rretory —27— N 0 )i nocx Section 88503-2603 RIGHT OF WAY CONTRACT -4 PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUNDS " OR STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS, THIS AGREEMENT made and•entered into this 22nd day of Nevpmber , 19j2_, by and between the STATE OF FLORIDA I DEPART14ENT OF TRANSPORTATION, an agency of the State of Florida, i hereinafter called the "Department", and the COUNTY OF =NnTAN RIVER , a Political Subdivision of the State of Florida, hereinafter called the "County", W I T N E S S E T H: • WHEREAS, the Legislature of Florida has designated and established State Road No. 5-609 and the Department has located and surveyed a part of said Road designated as Section 88503-2603 , and has prepared a Map of Survey and Location covering that portion of said.Section extending from State Road 60 Northerly along Ranch Road to Barber Avenue to in_said.County, as shown on a map,4duly certified as provided by law, on file in the office of the Department of Transportation, 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 or purchase, if possible, 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 here- after be found necessary by the Department 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 22nd * day of November , A. D., 19 72; adopted a resolution, a copy of which is attached here- -1- .O i1,n dog ,ac"L �9 to as Exhibit "A" and made a part hereof, signifying its agreement to comply with the Dep,irtment's said request, requesting the Depart ment to pay for acquiring said lands for right 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 Department of General Services bonds issued for the purpose of constructing this project, and authorizing its Chairman and its Clerk, on its behalf, to execute this Contract; NOW, THEREFORE, for and 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 land 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 furnishing, 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 unencumbered 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 descrip- tion, the County shall proceed, out of the funds specified -below, ,to acquire either by donation or purchase the free, clear and unen- cumbered title to the land so required as aforesaid for said portion ',;a' -J �I of said section by the Department for said rights of way, borro44 ,pits and easements, convey or vest the same to or in the State of Florida for the use of the State of Florida Department of Transpor- tation, 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, cables, conduits, and other utilities and facilities situate or encroaching upon said land. Any land to which the County has heretofore acquired free, clear and unencumbered title, which may be necessary"for said rights of way, borrow pits and/or easements, shall be conveyed by the County to the State for the said use under the provisions of this -section. Upon completio:the County shall make a certificate .to. the Department stating for each parcel and instruments vesting thd, free, clear and unencumbered title thereto in the State and certify- ing the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustment of all facilities and certifying that 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 por- tion of said Section. ; 3, In those instances where the County is unable to acquire, either by donation or purchase the lands and property necessary for such right of way, borrow pits and drainage easements for said por- tion of said Section, and,such as may hereafter be found necessary by the Department for said portion of -said Section, the County shall notify the Department of the necessity for condemnation proceedings. t The Department shall then, at its sale option, either condemn the i lands or authorize the County to do so. In those cases where the Department authorizes the County to handle the condemnation proceed- ings, the County shall make a certificate -to the Department stating i - f -3- i J 19 ,a��s for each parcel condemned the instruments vesting the free, clear and title i-lu--rc:to in LIIO S�:LLu ,end certifying the removal of r all occupants, tenants, fences, buildings and/or other structures and improvements and adjustments of all facilities and certifying that the { free, clear and unencumbered title thereto is vested in the State and that all physical enpumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 4. 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 acquired by the County and required by the Department for said portion of said Section as aforesaid, or because of the lack of title or right of possession 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. 5. 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 for proceeds of State of Florida Department of -General Services bonds issued for the pur- pose of construction this project, or from secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended). 6. The County agrees that its acquisition of said rights of way, borrow pits and easements shall be conducted under supervision M for payment out of said funds directly to the proper persons for the items set forth in.Paragraph 7. 7. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements'' for said portion 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 ease- ments 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 including relocation assistance as applicable under Department policies and regulations. 2. The costs of title search and other title infor- mation up to such amount as may be approved by the Department. 3. The costs of the appraisal up to such amount as nay 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, if applicable, handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolu- tion, 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 pro- perty 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 to -5- i Paak 16 99' ?::,,ti,.. trt. ... a.....*.,.%i=jw �.ry.rr,.;=a.?gea5''r .: ,,y;cta-; we1�"r, e,.s•- rrs:5 .t.,�, - _�- •:.,�►..rwy.•*^ the County has -iur cd it r_o ;;F t` :�'r I '. b. its C:iair: sn and i-,; -Clerk, and its official seal to be affixed, the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF j in the presence of: TRANSPORTATION r _ BY: Director of Administration ATTEST: (SEAL) As to the Department Executive Secretary COUNTY OF INDIAN IVER , LOR A BY:7r� Chairman ' ATTEST: �? % ,. ( SEAL ) As to the County Clerk of Circu-.t C6urt & Ex- Officio Clerk of the Board of i County Commissioners • i - - 1 ` ^ I Jim GnRDAN^ COUNTY FORESTER WITH THE DIVISION OF CONSIDERATION �� APPEARED REQUESTING THE BOARD'S '---- ' iNIREAN URBAN FORESTER FOR ONE YEAR STARTING JULY 1�� _ ��,�^ THIS ,N INDIAN RIVER COUNTY AND URBAN FORESTER WOULD WORK SOLELY z THE COST WOULD 8E ��^°"~OOA ""°��"MR. GORDAN WILL PREPARE , A CONTRACT FOR THE BOARD -TO CONSIDER - SHERIFF SAM T. JOYCE APPEARED AND ADVISED THE ,~^~~ � THAT DURING THE LAST POURMONTHS HE HAS H/Q] NINE m EMPLOYEESLEAVE_ THE DEPARTMENT FOR HIGHER PAYING JOBS. THE SHERIFF REQUESTED AN R N ORDER T� KEEP INCREASE IN �ALARY THE MEN HE NOW HAS, l . ON MOTION BY 'COMMISSIONER DRITENBAS^ SECONDED BY COMMISSIONER M^SSEYTHE BOARD UNANIMOUSLY APPROVED THE INCREASE ' ' � �� S REQUESTED 8Y THE SUBJECT TO THE OF APPROXIMATELY �°^~^ �� - � FINANCE OFFICER'S RECOMMENDATIONS, COMMISSIONER DRITEN8AS LEFT THE MEETING, Guy SULLIVAN, COUNTY FIRE DIRECTOR AND PAUL WOLF OF An3ELAND VOLUNTEER FIRE DEPARTM . ENT APPEARED REGARDING THE PURCHASE OF A NEW FIRE T|UCK FOR RoS . ELAND VOLUNTEER FIRE DEPARTMENT. COMMISSIONER BOGOSIAN STATED IF THE COUNTY TURNS TO A COUNTY -WIDE FIRE DEPARTMENT THIS TRUCK COULD BE,TAKEN AWAY TO BE USED AT ' LOCATION THE COUNTY FEELS WOULD BE MORE SUITABLE. MR. WOLF Q VOLUNTEER �l8E DEPARTMENT IS AWARE OF THIS STATED THAT .,DS�LAND , . ~ POSSIBILITY. ON MOTION BY Co MMlSSlONER MASSEY^ SECONDED BY COMMISSIONER SlEDERT^ THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVERTISE FOR BIDS FOR A FIRE TRUCK ACCORDING TO SPECIFICATIONS SET By GUY SULLIVAN AND PAUL WOLF. ' IN THE MINUTES OF NOVEMBER R^ 1972" JOHN CALMES^ REPRESENTING VISTA PROPERTIES OF VERO BEACH, INC, WAS ADVISED TO PREPARE AN AGREEMENT THAT WOULD BE ACCEPTABLE TO THE CITY OF VERO BEACH, INDIAN RIVER COUNTY AND VISTA PROPERTIES OF VERO BEACH, INC. REGARDING THE COUNTY'S SEWER AND WATER SYSTEM" THE CITY HAS APPROVED SERVING VISTA ROYALE BASED ON THE COUNTY PICKING THE ` 0� SERVICE UP WHEN ITS SEWER AND WATER SYSTEM IF READY. THE ADMINISTRATOR ADVISED THE BOARD THAT AN AGREEMENT WAS RECEIVED FROM VISTA PROPERTIES OF VERO,BEACH, INC. BUT!HE, JAMES BEINDORF AND DR. DAVID SMITH, CONSULTING ENGINEERS, HAVE NOT HAD SUFFICIENT TIME TO REVIEW IT. THE BOARD.RECOMMENDED THAT THIS AGREEMENT BE HELD UNTIL THE NEXT REGULAR MEETING OF DECEMBER 6, 1972 SO THAT THE ADMINISTRATOR AND CONSULTING,ENGINEERS WILL HAVE TIME TO REVIEW IT. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ADJOURNED AT 3:30 O'CLOCK P.M. -35- por,� 16.,4: 5