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HomeMy WebLinkAbout3/21/1973WEDNESDAY, MARCH 21' 1973. THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN.REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, MARCH 21, 1973 AT 8:30 0,17CLOCKP.M. PRESENT WERE -ALMA LEE Loy, CHAIRMAN; EDWARD .J MASSEY, VICE CHAIRMAN; WILLARD W. SIEBERT, .JR.; .JACK U. DRITENBAS; AND RICHARD P. BOGOSIAN. ALSO PRESENT WERE JACK G. KENNINGS, COUNT Y. ADMINISTRATOR; PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY :COMMISSIONERS; .TAMES REAMS, DEPUTY SHERIFF; L.S. THOMAS AND ELIZABETH FORLANI, DEPUTY CLERKS. ATTORNEY BURCH LEFT THE MEETING. THE CHAIRMAN -CALLED -THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 28, 1973, THERE WERE NONE AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER FASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF FEBRUARY 28, 1973 AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR.CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF MARCH 7, 1973, COMMISSIONER BOGOSIAN REQUESTED THAT ON PAGE 9, SECOND PARAGRAPH, -THE WORDS "FIRST PHASE OF A" BE DELETED. COMMISSIONER SIEBERT REQUESTED PAGE 14, LAST PARAGRAPH BE CHANGED TO READ "COMMISSIONER SIEBERT INFORMED THE BOARD THAT WALTER S. SACHS, .JR. WILL SPEAK ON IMPACT ZONING ON MARCH 17, 1973 IN PHILADELPHIA, PENNA.". THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE MINUTES OF THE REGULAR MEETING OF MARCH 7, 1973 WERE UNANIMOUSLY.APPROVED AS WRITTEN. AT THE MARCH 7, 1973 MEETING OF THE BOARD, A REQUEST TO ABANDON A PORTION OF TWO ROADS IN VERO TROPICAL GARDENS SUBDIVISION WAS DISCUSSED, BUT NO ACTION WAS TAKEN, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER mat43-4 SIEBERT, THE BOARD UNANIMOUSLY DENIED THE REQUEST BY GEORGE J.. CLAEYS_ TO ABANDON THESE ROADS IN VERO.-TROPICAL GARDENS SUBDIVISION, SIT WAS THE DECISION OF THE BOARD'NOT TO ABANDON ROADS OR RIGHT-OF-WAYS DUE TO THE CONTEMPLATED COUNTYWIDE SEWER AND WATER SYSTEM, EDWIN SCHMUCKER, ENGINEER APPEARED REQUESTING TENTATIVE APPROVAL OF RIVER EDGE SUBDIVISION. THIS DEVELOPMENT IS IN AN R-1 RESIDENTIAL ZONE AND WILL BE DEVELOPED AS SUCH. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL FOR RIVER EDGE SUBDIVISION. ATTORtJEY BURCH RETURNED TO THE MEETING AT 9:10 A.M. L.S. THOMAS, COUNTY FINANCE'OFFICER INFORMED THE BOARD THAT DURING HIS TRIP.TO ORLANDO, FLORIDA ON FRIDAY MARCH 16, 1973, HE MET WITH OFFICIALS OF PIERCE, WULBERN, MURPHY, INC. INVESTMENT BANKERS AND ALSO MERRILL* LYNCH, PIERCE, FENNER AND SMITH, TO DISCUSS FINANCING OF THE COUNTY -WIDE SEWER AND WATER SYSTEM. MR. THOMAS STATED THAT AN APPOINTMENT WITH THESE OFFICIALS TO DISCUSS FINANCING PROCEDURE CAN BE ARRANGED. L.S. THOMAS, COUNTY FINANCE OFFICER.REQUESTED AUTHORIZATION FROM THE BOARD TO BORROW $170,000.00 FOR THE PURPOSE OF PAYING HUNNICUTT AND ASSOCIATES, INC., CONTRACTED BY THE COUNTY, TO UPDATE THE COUNTY TAX ROLLS. MR. THOMAS.FURTHER STATED THAT THIS WAS NOT A BUDGETED ITEM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY FINANCE OFFICER TO BORROW $170,000.00 FOR THE PURPOSES OF PAYING HUNNICUTT AND ASSOCIATES, INC, THE ABOVE ACTION IS AUTHORIZED UNDER FLORIDA STATUTE -493-.635. �. 2o THE ADMINISTRATOR ADVISED THE BOARD OF A REQUEST FROM THE CITY.OF FELLSMERE, MAYOR AMERICUS DAY, TO HAVE THE COUNTY FORCES PAVE WILLOW STREET AND THE CITY OF FELLSMERE WILL REIMBURSE THE COUNTY OF ALL EXPENSES OUT OF THEIR FEDERAL REVENUE SHARING MONEY. THE ADMINISTRATOR STATED THAT WILLOW STREET IS BADLY IN NEED OF REPAIR AND THAT THE COUNTY FORCES COULD DO THE WORK,`BUT A TIME SCHEDULE AND FINANCIAL ARRANGEMENTS MUST BE WORKED OUT. THE ADMINISTRATOR ALSO STATED THAT HE WOULD MEET WITH THE CITY COUNCIL -2- 435 MAR 91 1973 OF FELLSMERE AND THEIR ATTORNEY, TO WORK OUT,.THE DETAILS INVOLVED WITH SPENDING FEDERAL REVENUE SHARING MONEY, ON LOTION BY COMMISSIONER TIASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD AUTHORIZED THE ADMINISTRATOR TO NEGOTIATE WITH MAYOR DAY AND THE CITY COUNCIL OF THE CITY OF FELLSMERE IN PREPARING AN AGREEMENT IN REGARD TO THE COUNTY FORCES PAVING WILLOW STREET AND REPORT BACK TO THE BOARD AT THE BOARD MEETING OF MARCH 7. 1973, MIR CUPERY. RE- PRESENTATIVE FROM SOUTHERN BELL TELEPHONE COMPANY APPEARED AND DISCUSSED WITH THE BOARD THE PROCEDURE INVOLVED WITH INSTALLING A CENTRALIZED TELEPHONE SYSTEM FOR THE COURTHOUSE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO WRITE TO ALL COURTHOUSE OFFICIALS REGARDING A CENTRALIZED TELEPHONE SYSTEM AND REQUEST THEIR OPINION, MRS CUPERY'S TELEPHONE NUMBER SHOULD BE INCLUDED IN THE MEMORANDUM IN ORDER THAT HE MIGHT DIRECTLY ANSWER QUESTIONS ANYONE MIGHT HAVE, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE.ADMINISTRATOR ADVERTISING FOR BIDS ON THE FOLLOWING EQUIPMENT: 1/2 TON PICK-UP TRUCK 2 - 10 TO 12 YARD DIESEL POWER DUMP TRUCKS, AND 3 - THREE-WAY RADIO UNITS, 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: -3- 3� THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE AND UPON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED -4- '410 =1A � 47 LIAR 2..1 1973. VERO BEACH PRESS -JOURNAL Published Weekly NOTICE Vero Beach, Indian River County, Florida :NOTICE ISHEREBY GIVEN that the Zoning Commission of Indian. River County, Florida, has made its • final report recommending the COUNTY Of INDIAN RIVER: following changes and additions to the Zoning Resolution of Indian STATE Of FLORIDA River County, Florida, which said Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath changes and additions are sub. ' stanThay as follows: saysthat he is Business Manager of the Vero Beach Press -Journal; a week) news g y paper published 1. That the Zoning Map be changed at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in order that the following described property, situated in Indian River County, Florida, a _ _ — — Acresto-wit: The North 18.61 Acres of Tract S, � LESS CANAL, Section 10, Township 33 -South, Range 39- East, PBS page Indian the matter of — ms Riven Farms •Companany Sub• division, Indian River County ' Be changed from A -Agricultural District to R-1 Single Family ' District A public hearing in relation _ _.- ___._Irl the Court was pub- thereto at which parties In interest and citizens shall have an op. portunity to be heard will be field by the Board of County Commissioners lished in said newspaper In the issues of of Indian River County, Florida, in theCommtsston Room, Indian River 11_--1 ` � � County Courthouse, Vero Beach, Florida, at 10:00 o'clock A.M. on the _ • 21st day of March, 1973, after which said Board will take action thereon Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at with respect to any other changes in Vero Beach, in said Indian River County, and that the said newspaper has heretofore toning of said above described been continuously published in said Indian River County, Florida; weekly and has been entered property or any lesser or greater as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida area in the vicinity of said property or pertaining to said changes. as for a period of one year next preceeding the first publication of the attached copy of adver- shall appear proper. tisement; and affiant further says that he has neither paid nor promised any person, firm or Board of County corporation an discount, rebate, commission or refund for the g y purpose of securing this adver- Commissioners . tisement for publication in the said newspaper. BY: Alma Lee Loy, _ Sworn �-4.. to and subscribed before me this.-__� day of. A.D.�___ C/ ✓✓'�� (Business Manager) (Clerk the Circuit Court, Indian River County, Florida) (SEAQ THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE AND UPON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED -4- '410 =1A � 47 LIAR 2..1 1973. RESokMON NO. 2•:ItEr�..- ti:c ..:r.. ; �:�.s,nission �:` _..iia•, t'.l'JG'r COur.*.lr .`'lor- ida, did, after pu!_,lic' hearing, rake its final report recorm-end- ing changes and additions to the Zoning Resolution of Indian Fiver - County, Florida, and, V,?HrREAs, 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 parties in interest and citizens were heard: t;ow, therefore, BE 1T RESOLVED by the Board of County Commissioners 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 that the following described property, owned by Arthur Tankersley; Richmond Tankersley; Willie Lewis Tankersley; Charles Daniel Tankersley; Oscar Lee Tankers- ley; Ola Mae O'Neal; Mary Ruth Cruce, situated in Indian River County, Florida, to -wit: The North 18.61 Acres of Tract 5, LESS CANAL, Section 18, Township -33 -South, Range 39 -East, PBS 2-25, page 188, Indian River Farms Company Subdivision, Indian. River County Be'changed from A -Agricultural District to R-1 Single Family District All within the meaning and intent and as set forth and described in said Zoning Regulation. -5- 00rays -438 MAR. 21 1973 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 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 the matter of —�—� -- ----- -- — /J S:t,3 —in the Court, was pub- lished in said newspaper in the Issues of 7-3 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of'adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed beforeme is _-__�_—day of. A.D,,__ - - (Business Manager)101-4 — - �-r�l� —� (Clerk of a Circuit Court, Indian River County, Florida) (SEAQ NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has made its final report recommending the following changes and additions to the .Zoning Resolution of Indian River County, Florida, which said changes and additions are sub. stantially as follows: 1. That the Zoning Map be Changed In order that the following described property, situated In Indian River County, Florida, to -wit: The West 1/2 of Tract 1463 and East 321 of Tract 1464, Fellsmere Farms 'Company Subdivision, Township 31 -South; Range 37 - East; Indian River County Be changed from C-1 Com- mercial District to A. Agricultural District A public hearing in relation thereto at which parties In interest and citizens shall have an op- portunity to be heard will be held by the -Board of County Commissioners of Indian River County, Florida, in the Commission Room, Indian River CountyCourthouse, Vero Beach, Florida, at 10:00 o'clock A.M. on the 21st day of March, 1973, after which said -Board will take action thereon with respect to any other changes in zoning of said above described property or any lesser or greater area in the vicinity of said property or pertaining to said changes as shall appear proper. Board of County Commissioners BY: Alma Lee Loy, Chairman Feb. 15, 1973. THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED -TO BE HEARD, THERE WERE NONE AND UPON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. —6— r Ofl@ f -MaL439 FESOLT 101.1 HO, Z3--23 V',HEP=•.S , the Zoning C::: ^'is sicn df ter. ia^ River County, Flor- ida, did, after pubiic hearing, make its final report recommend- ing changes and additions to the Zoning Pesolution'of Indian Fiver County, Florida; and, EEF.Ex1S, 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 parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners 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 that the following described property, owned by Charles B. and Mary 0. Gray, William H. Ruehman, Jr., Applicant/Agent, situated in Indian River County, Flor- ida, to -wit: The West 1/2 of Tract 1463.and.East 3.2• of Tract 1464'. Fellsmere Farms Company Subdivision, Township 31 -South, Range -37 -East, Indian River County Be changed from C-1 Commercial District to A -Agricultur- al District All within the meaning and intent and as set forth and described in said Zoning Regulation. -7- 000x 16 ent 440 ATTORNEY BURCH INFORMED THE BOARD THAT HE RESEARCHED THE QUESTION AS TO WHETHER IT IS LEGAL FOR THE COUNTY TO CONTRIBUTE A CASH DONATION TO THE INDIAN RIVER COUNTY.SAFETY COUNCIL FOR THEIR PROJECT "SAFETY CITY" AND STATED THAT•IT WOULD BE A LEGAL EXPENDITURE IF THE COUNTY LIMITED THEIR PARTICIPATION TO ROAD WORK, SIDEWALKS AND DRAINAGE WORK, THE ADMINISTRATOR WAS IN RECEIPT OF A LETTER FROM THE INDIAN RIVER COUNTY SAFETY COUNCIL LISTING THE.WORK THEY -WOULD LIKE DONE BY THE COUNTY PLUS A $20,000.00 CONTRIBUTION SOME ITEMS ON THE LIST COULD NOT BE DONE BY COUNTY FORCES AND THE BOARD ASKED THE ADMINISTRATOR TO REVIEW THE.LIST AND -MAKE A LIST OF THE WORK THE COUNTY FORCES COULD DOS IT WAS THE.BOARD'S OPINION THAT THE COUNTY FORCES COULD DO THE ROAD WORK AND PREPARE CONVENTIONAL DRAINAGE DITCHES IN THE AREA, BUT.ON A SIMPLIFIED BASIS. THE ADMINISTRATOR WAS INSTRUCTED TO INVESTIGATE FURTHER'AND TO INFORM THE SAFETY COUNCIL OF THE BOARD'S FEELINGS. COMMISSIONER SIEBERT SUGGESTED THAT, IN HIS OPINION, THE TIME HAS COME FOR.THE BOARD TO MAKE DEFINITE STATEMENTS REGARDING THE MASTER PLAN, SO THAT THE PLANNING CONSULTANTS KNOW THE BOARD'S FEELINGS. COMMISSIONER SIEBERT ALSO SUGGESTED THAT THESE STATEMENTS BE PUT IN THE FORM OF A RESOLUTION OR AS A POLICY STATEMENT. CHAIRMAN SOY STATED THAT THE PLANNING CONSULTANTS, PLANNING DEPARTMENT AND ZONING COMMISSION ARE THE EXPERTS IN THIS FIELD AND IT IS UP TO THE EXPERTS TO BRING THE INFORMATION TO THIS BOARD FOR CONSIDERATION AND APPROVAL. AFTER FURTHER DISCUSSION IT WAS SUGGESTED THAT THE COUNSULTANTS, PLANNING DEPARTMENT AND ZONING COMMISSION COME UP WITH SPECIFIC ITEMS THEY WOULD LIKE POLICY STATEMENTS ON AND.BRING IT BEFORE THE BOARD. VAL BRENNAN, PLANNING DIRECTOR! WILL HANDLE THIS AND REPORT BACK TO THE BOARD. MR. BRENNAN INFORMED THE BOARD THAT BECAUSE OF A LIMITED AMOUNT OF MONEY, FEDERAL FUNDING FOR THE 1973-74 "701" PLANNING PROGRAM LOOKS VERY SLIM. MR. BRENNAN STATED THAT IN ORDER TO INCREASE OUR CHANCES -- 10 AR 11973. gook w[441 FOR FEDERAL FUNDING FOR PLANNING IT WILL BE NECESSARY TO UP -DATE THE FOLLOWING: (1) - LAND USE PLAN: (2) - CAPITAL IMPROVEMENT PROGRAM AND/OR (3) - CAPITAL BUDGET FOR THE YEAR 1973-74. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, THE BOARD :UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION RESOLUTION No. 73=2 4 BE IT RESOLVED by the Board of County•Commissioners of Indian River County hereby agrees to annually update. the areas (1) land use plan and,.(2) to establish and update a capital improvement program and/or (3) annually update the capital budget, before the annual operating budget will be considered. G / Chairman Board of County Commissioner VAL BRENNEN INFORMED THE BOARD THAT THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL HAS $70,000.00 FEDERAL GRANT MONEY AVAILABLE FOR STUDY OF SUCH ITEMS AS: FIRE AND POLICE PROTECTION: FLOOD ,PLAIN DELINEATION: STORM DRAINAGE: WATER QUALITY MANAGEMENT AND SOLID WASTE DISPOSAL. THIS GRANT IS BEING OFFERED TO BREVARD AND INDIAN RIVER COUNTIES•, JOINTLY OR SEPARATELY. THE BOARD AGREED THAT FIRE PROTECTION STUDY WOULD BE APPROPRIATE. MR. BRENNAN WILL MEET WITH EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL AND INFORM THEM OF THE BOARDS DECISION. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING ORDINANCE. -9- 1973 MAR 21 INDIAN RIVER COUNTY ORDINANCE NO. 73-6 An Ordinance entitled "An Ordinance Amending Section 20.. C-1 Commercial District: of Indian River County Ordinance No. r 71-3; providing minimum lot size and floor area requirements; providing Residential dwellings as a special exception, 'and. ! providing an effective date. BE IT ORDAINED, by the Bbard.of County Commissioners t of Indian River.County, Florida, that Section 20, Indian River County Ordinance No. 71-3 is hereby amended to read as follows: 1 Section 20. C-1 COMMERCIAL DISTRICT: .(A) USES PERMITTED. In this district a building or premises ' may be used only for the following purposes: (1) Public buildings and recreational facilities i 2 Retail sales establishments, provided all merchandise shall be stored.and displayed in an enclosed building. Retail sales establishments may include incidental pro- cessing, repair and rental activities, provided they are accessory and subordinate to the retail sale use, and provided all storage, processing and repair of merchandise occurs within the principal building (3) Hotels, motels, bars, night clubs and restaurants but not including drive-in eating places �4 Banks and financial institutions + 53 Professional, business and utilities offices and services j 6 Medical clinics, but not animal hospitals 7 Art and photograph studios and galleries 8 Private Clubs 9)- Barber and beauty shops MShoe repair shops . Laundry and dry cleaning -pick-up establishments; no laundering or dry cleaning on the premises, (12) Motion picture and live theaters, but not including drive-in theaters i (13) Tailoring, millinery,.garment alteration and repair 041 Churches (15 Commercial and private parking lots and parking garages 16) Small appliance repair business 17) Printing reproduction and publishing 18 Marinas 19 Bowling Alleys, pool and billard parlors 20 Veterinary hospitals and boarding kennels provided activities are carried on within soundproof, air- conditioned buildings and no outside animal runs are permitted (21) Business schools 22 Funeral homes, undertaking establishments 23 Automobile rental business, including truck or trailer rentals -1�- AC 443 MAR 211973 (24) New and used automobile sales, mobile home and trailer sales (25) Libraries and museums (26) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to con- ditions expressed in Section 25, sub -paragraph (G) (B) SPECIAL EXCEPTIONS. The following uses may be permit- ted by the County Zoning Commission after site plan approval according to Section 23. (1) Amusement or recreational uses, not listed as per- mitted uses (2) Gasoline service stations (3) Drive-in businesses (4) Automobile cleaning business (5) Fruit and vegetable packing houses, but not including processing plants (6) Commercial fisheries (7) Residential dwelling(s) provided that they are not the primary use of the lot and provided they are not lo- cated on the main street frontage at the ground level (C) BUILDING HEIGHT LIMIT. No building or structure shall exceed thirty-five (35) feet in height, exclusive of eleva- tor shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, para- graphs (A) and (P) of this Ordinance. (D) MINIMUM LOT SIZE AND FLOOR AREA REQUIRED. - (1) For the following specified uses every lot or parcel of land shall provide a living quarters area and a land area for each family unit of at least the amount indicated. Square feet area of Square feet of land living quarters per area required per Use (family) unit (family) unit Multiple dwellings 600 2,100 Hotel or motel units 300 1,200 (including closets & bath) (2) Non-residential Uses. Every lot shall have not less than one -hundred (100) feet in width and ten thousand (10, 000) square feet in area. (E) LOT COVERAGE. No principal building or structure shall occupy more than forty (40) percent of the lot. (F) FRONT YARD. Every yard shall have a front yard or street yard of not less than ten (10) feet. (G) REAR YARD. Same as front yard above. (H) SIDE YARDS. Commercial Uses - No side yard is required except when the lot is adjacent to a residential district, and in that event a 10 -foot side yard is required. Residential Uses - Side Yard - 10 feet =11 - MAR 2 11973. 6 ym, -14 %ili.444 (I) EXPLOSIVE MATERIALS. Where an above ground storage of gasoline, petroleum oils or other inflammable fluids are permitted, then as to any such facility for storage having a capacity in excess of 500 gallons shall be in compliance with the National Fire Protection Association requirements. (J) PARKING REGULATIONS. Off-street parking and loading spaces shall be provided in accordance with the require- ments .of specific uses set forth in Section 24 of this Ordinance. THIS ORDINANCE shall become effective on March 21, 1973. THIS ORDINANCE was passed on an emergency basis by the unanimous vote of all five Commissioners. - p THE BOARD THEN ADJOURNED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: -12- MAR 21.1973 - NOTICE OF PUBLICATION VERO BEACH. PRESS -JOURNAL NOTICE IS HEREBY GIVEN, that AMERICAN IMPERIAL Published Weekly CORPORATION, a Florida corporation, will appear before the Board of County Commissioners of Indian River County at its regular Vero Beach, Indian River County, Florida meeting in the County Courthouse of said County at 1:30 P.M., March 21st, 1973, at which timeand place COUNTY OF INDIAN RIVER; the County Commission will hear the STATE OF FLORIDA application of AMERICAN IM. PERIAL CORPORATION, for a 40. Before the undersigned authority personally appeared J. J. Schumann, Jr year sewer and water franchise and says that he is Business Manager of the Vero Beach Press -Journal, a week) news the proposed rate and hook-up Y Pi charges are as follows: . at, Vero Beach in Indian River County, Florida; that the attached copy of adverti DESCRIPTION FOR OLSO P HAMMOCK PROPERTY: Th az A- _G.Dy�% at part of the Southeast !/7^ Quarter of Southeast Quarter of Section 13-33.39 lying East of in the matter Of iQi+C t'�J U.S. Highway No. 1' less that portion described In Deed Book 89; page �135; That part of the . Northwest �Z . 9.TIO O ! d -Quarter of Southwest Quarter ---""-"-`? -and the West half of - the Northeast Quarter of Southwest -� in theuarter of Section 18.33-40 lying COCTI 'South of the South Relief Canal; the Southwest Quarter of Southwest Quarter Of Section 18- lished in said newspaper in the issues of _ 33.40, less that portion as desc-1 -' ribed in Deed Book 89, page 135, ' all of the Southeast Quarter of - --- Z-- 23Southwest Quarter Of Section 18. .i----�-- .�, 3340 the West 10 acres of Government Lot 6, Section 18-33 Affiant further says that the said Vero Beach Press -Journal Is a newspaper 40; Vero Beach, .in •said Indian River County, and that the said newspaper h All that part of the Northwest been continuously published in said Indian River County, Florida, week) and has Quarter of Section 19- No. lying Beach, Y East of U.S. Highway No. 1, the as second class mail matter at the post office in Vero Beach, in said Indian River C West 10 acres of the Northwest - for a period of one year next preceeding the first publication of the attached c Quarter of Northeast Quarter, tisement; and affiant further says that he has neither paid nor promised any pa the Southwest Quarter of corporation any discount; rebate, commission or refund for the purpose Of securir Northeast Quarter less the East tisernent for publication in the said newspaper. 10 acres, that part of the Northwest Quarter of Southeast Quarter described as beginning Sworn to and subscribed before me this. day 1A,_ A.D, at the center of said Section 19 run South 916.8 feet; thence run East 675.6 feet; thence run North to' the Quarter Section (Business i• fine; thence. run West to. the pointofbeginning;and that part /J ,sem of the Southwest Quarter of s;/oL Section 19 described as begin. (Clerk of the cocuit court, fridlan River County ning at the center of said Section (SEAL) 19 run South 916.8 feet; thence run West to the East right -of. way of U.S. Highway No. 1; thence run Northwesterly along Said right-of-way to the Quarter Section line; thence run East to the point ofbeginning; alllying and being in Section 19-33-40; .JOHN CALMES, REPRESENTING VISTA All fa d beinbove described niIndian River .. - .. .. County, Florida, subject to all PROPERTIES OF VERO BEACH, INC. cotrdf and and nbeng easemamorof e particularly described as follows: APPEARED AND REQUESTED A CON- From the point of intersection of the East right-of-way of U.S. • • - Highway No. 1 and the South TINUANCE OF THE ABOVE SCHEDULED right-of-way of the South Relief Canal run South 12 degrees 00' -- -- •••-• •• 10" EastalongtheEastrightof- PUBLIC HEARING distanceof360feetof said U.S.ghwatotheponlNo.lof beginning; thence run North 74 decrees 38' 30" east a distance of ON LOTION BY COMMISSIONER 360 feet; thence run North 12 degrees 00' 10" West a distance of 360 feet to the South right -of. SIEBERT, SECONDED BY COMMISSIONER way of said South Relief Canal; thence run North 74 degrees 38' 30" East along said South right. M,ASSEY, THE BOARD UNANIMOUSLY of -way a distance of 1942.91 feet; thence run South 00 degrees il' 39" West a distance of 617.55 run South 89 APPROVED THE CONTINUANCE OF. THE degrethence'' " East a distance of 658.80 feet to the Northeast uarter PUBLIC HEARING FOR VISTA PROPERTIES ofrSouthwest Quarter ofner of the Southeast �secion 18.33.40; thence run South 89 degrees 14' 37" East A distance OF VERO BEACH, INC. UNTIL APRIL 40 of 326.01 feet; thence run South 00 degrees 15' 29" West a dis- tance of 1336.41 feet to the South 1973, line of Section 18-33-40, thence run South 89 degrees 09' 37" East a distance of 5.98 feet; thence run South W degrees 08' 33" West a distance of 1311.44 feet; thence -run South 89 degrees 23' 27" East adistance of 664.99 feet; thence run South 00 degrees 08' 33" West a dis• tante of 1308.43 feet to a point on the Quarter Section line of Section 19-33.40; thence run North 89 degrees 37' 27" West along said Quarter Section line a distance of 321.55 feet to a point, said point being 675.6 feet East of the center of said Section 19; . thence run South 00 degrees 18' 55" West a distance of 911.92 feet; thence run South 89 degrees 56' 54" West a distance of 675.91 feet to a point on the Quarter Srclion lin P. said point being 916.8 feet South of the -13- center of said Section 19; thence MAR 21 1973 u,. North 81 Od),'ees 50' 38" West a distance of 1818.27 feet to the East rightof way of U.S.. Highway No. 1; thence run. North 12 degrees ro' 10" West along said East-rightof way of U.S. Highway No. 1 a distance of 4638.57 feet to the point of .,beginning. Containing 340.21 acres. LESS the Following: Beginning at the Northwest corner of the Southwest Quarter of Northeast Quarter of Section 19, Township 33 South, Range 40 East run South 89 degrees 23' 27" East along North line of said -Southwest Quarter of Northeast Quarter a distance of 997.02 feet; Thence run South 00 degrees 08' 33" West a distance of 1308.43 feet to a point on the Quarter Section line of Section 19-33-40; Thence run North 89 degrees 37' 27" West along said Quarter Section line a distance of 321.55 to a point; said point being 675.6' East of the center of said Section 19; Thence run South 00 degrees 18' 55" West a distance of 911.92 feet; Thence run South 89 degrees 56' 54" West a distance Of 675.97 feet to a point on the Quarter. Section line; said point being 916.8 feet South of the center of said Section 19; Thence run North 89 degrees 50' 38" West. a distance of 1818.27' to the East right-of-way of U.S. Highway No. 1; Thence run North 12 degrees DO' 10" West along said East right-of-way of U.S. Highway No. -1 a distance of 552.39 feet; thence run South 89 - degrees 50' 38" East a distance of 1707.34 feet to a point, said Point being. 228 feet West of the Quarter Section line of said Section 19; Thence run Northerly and parallel to the Quarter Section line a distance of 1691.50 feet; thence run South 89 degrees 23' 27" East a dis-. lance of 228 feet to the point of beginning. - Containing 76.34 Acres. ALSO LESS: .From the point of intersection of the East right-of-way of U.S. Highway No. 1 and the North lineofSection 19-33.40,run South 12 degrees 00' 10" East along - said East right-of-way a' dis- tance of 345.43 feet to the point of beginning, from said point of beginning continue South 12 degrees 00' 10" East along said East right-of-way of U.S. Highway No. 1 a distance of 1020 feet; Thence run South 89 degrees 22' 26" East along the North right-of-way of State Road outfall. ditch a distance of 930 feet; Thence run North 02 degrees 07' 26" West a distance of 750 feet; Thence run .North 58 degrees 49' 05" West a distance of 484.26 feet; Thence run North 89 degrees 22' 26" West a dis- tance of 700 feet to the point of beginning, containing 22.11 acres. Proposed Rate and Hook -Up Charges; Rate - Actual Cost to Owners 'Hook -Up Charge - None. American Imperial Corporation Mar. 15, 1973. 3 wu�­ is "K fi CHAIRMAN Loy STATED THAT AT A MEETING WITH THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, THE FORMING OF A NEW PLANNING DISTRICT TO INCLUDE INDIAN RIVER, ST. LUCIE, MARTIN,. PALM BEACH AND OKEECHOBEE COUNTIES, WAS DISCUSSED AND GIVEN CONSIDERATION. COMMISSIONER BOGOSIAN STATED THAT THE INDIAN RIVER COMMUNITY HEALTH CENTER, INC. IS IN FAVOR OF.THE PLANNING DISTRICT AS PROPOSED ABOVE. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED.BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. -14- V �Aaww MAR 2 1973 RESOLUTION NO, 73- 25 WHEREAS, the Secretary of Administration of the Florida Department of Administration has divided the State of Florida into ten districts for the purpose of regional comprehensive planning as authorized by Section 23.0115(1) Florida Statutes, and WHEREAS, Indian River County, has been placed in District 6 with Lake, Volusia, Seminole, Orange, Brevard and Osceola counties, and WHEREAS, the Board of County Commissioners of Indian River County feels that its population, environment and problems are more closely aligned with St. Lucie, Martin, Palm Beach and Okeechobee counties, • l NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: I 1. That said Board of County Commissioners does hereby { J officially object to being included in District `6 with the populous counties to the North and instructs the County Administrator to so inform the Secretary of Administration and request that Indian River County be grouped with St. Lucie, Okeechobee, Martin and Palm Beach counties, as representing a logical grouping of counties having similar problems. 2. That the Legislative Delegation for Indian River County is hereby requested to reconsider the provisions of the "Florida State Comprehensive Planning Act of 1972" and to amend the act to provide that the establishment of such regional planning districts shall not become effective until approved by the Legislature in the same manner that is provided for the adoption of the State Com- prehensive Plan under Section 23. 013, Florida Statutes. 3. That certified copies of this resolution be forwarded to the Legislative Delegation for Indian River County and to the -15- ft 1913 0,44 aaW MAR 21 . Boards -of County Commissioners in Martin, St. Lucie, Okeechobee and Palm Beach counties, and to the Secretary of the Department of Administration. DULY PASSED AND ADOPTED.THIS 21st day of March, 1973. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By- � !� Chairman - ATTEST: Clerk of Circuit Court Indian River County By Ralph Harris STATE OF FLORIDA COUNTY OF INDIAN RIVER The undersigned, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by said Board of County Commissioners at a meeting held on March 21, 1973, and which has been duly recorded in the Official Minutes of said Board. Witness my hand and seal of said Board this 23rd day of March 1973. RALPH HARRIS, Clerk of Circuit Court By -16- MAR 211973 . Q L7 GEORGE PRICE, CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AND WELDON LEWIS, COUNTY ADMINISTRATOR APPEARED AND STATED THAT ALL.FIVE COUNTIES ARE IN AGREEMENT WITH THE ADOPTION OF THE NEW PLANNING DISTRICT AND THAT A MEETING HAS BEEN SCHEDULED WITH THE SECRETARY OF THE DEPARTMENT OF ADMINISTRATION FOR FINAL APPROVAL., ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ERNESTINE PARKS AND ELIZABETH FORLANI TO ATTEND THE GOVERNMENT SECRETARIES STATE ASSOCIATIQN CONFERENCE IN WINTER -Nim. FLORIDA, MAY 16 - 19TH, 1973. THE ADMINISTRATOR INFORMED THE BOARD OF.A LETTER HE RECEIVED FROM THE DEPARTMENT OF TRANSPORTATION IN REGARD TO THEIR PLANS TO DO ROAD WORK.ON GLENDALE ROAD BETWEEN RANGE LINE ROAD AND MONROE ROAD AS PART OF THE SECONDARY ROAD MAINTENANCE PROGRAM., THE ADMINISTRATOR SUGGESTED THAT HE CHECK WITH THE DEPARTMENT OF TRANSPORTATION OFFICIALS TO DETERMINE IF THIS ROAD WORK COULD BE DONE OUT OF COUNTY FUNDS AND USE THE SECONDARY ROAD MONEY FOR OTHER IMPORTANT PROJECTS, ON MOTION BY -COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE DEPARTMENT OF TRANSPORTATION - TYPICAL SECOND DATA SHEET #88580-1601, S-612 GLENDALE ROAD BETWEEN RANGE LINE ROAD AND.MONROE ROAD, SUBJECT TO REVIEW AND APPROVAL OF THE ADMINISTRATOR. DEWEY WALKER, ZONING DIRECTOR REPORTED ON ZONING VIOLATIONS. ATTORNEY BURCH INFORMED THE BOARD THAT THE DEPARTMENT OF REVENUE HAS REQUESTED THE COUNTY ITO PAY THE ANTHONY A. AND VINCENT CORACI JUDGMENT WHICH RESULTED FROM A SUIT REGARDING AGRICULTURAL ZONING IN THE AMOUNT OF $11,379.39 FOR 1970. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. -17- ow ma4 0 WHEREAS, the 1972 session of the Florida Legislature failed to appropriate sufficient monies to adequately fund the operation of the circuit courts, county courts, state attorneys, public defenders and court reporters. in the various judicial circuits .and counties in Florida, and WHEREAS, in view of this shortage of state funds, the count- ies are being required to supplement the operation of such offices not- withstanding the fact that when the Revised Article V of the Florida Constitution was presented to the electors of the State of adoption, it was represented to the Counties and the residents thereof that these offices would be entirely funded by the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County in a meeting assembled this 21st day of March, 1973, as follows: 1. That the Legislature of the State of Florida is hereby urged and requested at the upcoming session.to appropriate suffi- cient monies to fully fund the operation of said offices so that the counties will not be required to supplement their. operation. 2. - That copies of this Resolution be forwarded to the. President of the Senate, Speaker of the House, Legislative Dele- gation of Indian River County and to the State Budget Director. DULY PASSED AND ADOPTED this 21st day of March, 1973. ATTEST: Clerk of Circuit Court Indian River County BY /T l!/���v ,�'�% ..vim✓ Ralph' ilarris BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLQRIDA By irr c 6ii Chairman / STATE OF FLORIDA COUNTY OF INDIAN RIVER I, Ralph Harris Clerk of Circuit Court, Indian River County, Florida, and ex -officio Clerk to the Board of County Commiss- ioners. Indian River County, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution, adopted by the Board of County Commissioners of Indian River County, Florida, at their meeting held on the 21st day of March, 1973, and as the same appears of record in the Minutes of said Board and under said date. Given under my hand and seal, at Vero Beach, Florida, this 23 day of March, 1973. STATE OF FLORIDA INDIAN RIVER COUNTY hereby certify that the foregoing I a true and correct copy of th- as filed in the pubfic records of this Office. Witness my hand and seal of office this6 _ day of 197_---`x__ H RRIS Clerk RALPH , By D. C. - -19- Clerk, Circuit Court Indian River County, Florida By ��is A ,1. ,,.,� _ ✓" MAR 211973 ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT., THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS OF JOSEPH DALY AND ARTHUR w. CADDELL FOR RENEWAL PERMITS TO CARRY A FIREARM. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION OF PETE HERRING FOR PERMIT TO CARRY A FIREARM. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT,, THE STATE WITNESS PAYROLL FOR THE CIRCUIT COURT, FALL TERM, 1972, IN THE AMOUNT OF $203,76: STATE WITNESS PAYROLL FOR THE CIRCUIT COURT, SPRING TERM, 1973, IN THE AMOUNT OF $191.80. WERE UNANIMOUSLY APPROVED. THE FOLLOWING LETTERS HAVING BEEN RECEIVED ARE HEREBY BEING MADE A PART OF THESE MINUTES. CITY CLERMS OFFICE PHONE, (300) 688-4408. Titij of ,',�'�ei� �rr� INDIAN .RIVER COUNTY FELLSMERE, FLORIDA - 32948_ March 19, 1973 Board of County Commissioners Vero Beach, Florida 32960 Gentlemen: It has come to our attention under Florida Statutes 316.0261 that the municipality of Fellsmere is entitled -to one third of fines and forfeitures from violations, under this provision. AD/ec We will be awaiting to hear from you. Sincerely, 2JI1v t� C Mayor -20- #Dui ����3 CITY CLERX*8 OFFICE PHONE (a")-essraos - Titij of 3FAIsnamr - INDIAN. RIVER COUNTY FELLSMERE* FLORIDA - 32948 March 21, 1973 THE INDIAN RIVER COUNTY COMMISSIONERS VERO BEACH, FLORIDA Dear Sirs: This is to acknowlage request of County Commissioners to relinquist past fines and forfitures of Janurary 1 ,,1973 thru March 31, 1973. On the beginning of April 1, 1973, the City of Fellsmere looks forward to sharing in fines and forfitures of City Court. Respectfuly, I/ Mayor THE FOLLOWING RESOLUTION N0. 73-5 - "PEBBLE BAY, INC., SEWER FRANCHISE" HAVING BEEN SIGNED IS HEREBY BEING MADE A PART OF THESE MINUTES. -21- MAR 211973 RESOLUTION iy0. %3-5 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This resolution shall be known and may be cited as the "Pebble Bay, Inc., Sewer Franchise." SECTION 2 For the purpose of this Resolution, the following terms, phrases, words and their deriviations shall have the meaning given herein. When not inconsistent with the context, words using the present terms include the future; words in the plural number in- clude the singular and vice versa. The word "Shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida; (b) "Company" is the Grantee of the rights under this franchise, that is, Pebble Bay, Inc.; (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Utilities Department; (e) "Person" is any person, firm, partnership, -associa- tion, corporation, company or oganization of any kind. (f) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. Systems serving .,motels, parks, hospitals, schools and single commercial or in- dustrial buildings are excluded. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements JMAR 2 1 1973 necessary`to such systems and includeseveryperson, corporation, lessee, trustee, or receiver owning, operating, managing or con- trolling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public. SECTION 3 There is hereby granted by the County to the Company the exclusive franchise, right and privilege to erect, construct, operate and maintain a sewer system within the prescribed terri- tory asherein provided and for these purposes to sell sewerage collection and treatment services within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places foranyand all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to -wit: Government Lot 1, Section 20, West of State Road AlA,• all of Government Lot 101* Section 19, West of State Road AlA and the South 1/2 of Government Lot.9, West of State Road AIA, all being in Town- ship 32 South, Range 40 East, Indian River County, Florida. SECTION 5 The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution or.ordinance provide. SECTION 6 It is expressly understood and agreed by and between the Company and the County that the Company shall save the County .and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or Fr".. ci `'aE06 demand whatsoever resulting from negligences on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construc- tion of this section,.the claim of any person resulting from neg•- ligence_on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity ac- crued to the County by virtues of the Company's use of a public place of the County. The County shallnotifythe Company promptly after presentation of any (claim or demand. SECTION 7 The.Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. Additionally the Company shall comply with all require- ments of the Department of Health and Rehabilitative Services, Division of Health, the Department of Pollution Control and appro- _ I priate planning agencies relative to construction, design, operation, capacity, maintenance and expansion. The right is hereby reserved to the County to adopt, in addition to the provisions herein con- tained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work performed and to make such inspection as it shall find necessary to insure compliance with all governing regulations. Upon the termination of this franchise, the Company shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant thereto lying within Indian River County without charge to the County. In the event any part or all of the terri- tory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event the Company agrees as a part of the consideration of the granting of this franchise that said municipality is herewith i OK L ec_ 57 a granted the right, power and authority to acquire all the property, assets and facilities of the Company used in its services under this franchise. The amount to be paid by the city to the Company shall be determined under the law of the State of Florida provided in eminent domain proceedings. SECTION 8 Company shall commence construction of its sanitary sewer treatment and collection system within six (6) months from date and shall complete the same within 18 months from the date of this resolution, otherwise the franchise created.hereby shall become void and of no further force or`effect< All the facilities of the Company shall be constructed only in accordance with plans and specifications approved by the State Board of.Health of the State of Florida and the quantity and quality of sewerage treatment shall at all times be and remain not inferior to the rules, regu- lations and standards now or hereafter adopted by the State Board of Health. Whenever it is necessary to shut off or interrupt ser- vices for the purpose of making repairs or installations, the Com- pany shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unfore- seen and immediately necessary, it shall give reasonable notice thereof to its consumers. SECTION 9 a. The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise, and to issue an uninterrupted service to such and all of its consumers; provided, however, that such rules, regula- tions, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. b. At all times herein where discretionary power is left with the Board of CountyCommissioners, the Company, before discre- MAR 21X973 tionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators and such group shall consist of: 1. Consulting Engineers 2. Company Engineer. 3. One person selected by the.two above persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise can be appealed to the Circuit Court of Indian River County by either party. SECTION 10 All pipes, mains, lift stations, pumps, valves and other fixtures laid.or placed by the Company shall be so located in the public places in the County as not to obstruct or interfere with any other uses made of such public places already installed. The Company shall whenever practicable avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall at its own cost and expense and in a manner approved by the County Engineers, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such public way, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facili- ties nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Company shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Company thereto, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Company, �W �n_�rl�titl�i M • in advance, its costs of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten,feet in width for the benefit of the Company and its facilities. SECTION 11 The.Company shall not as to rates, charges, services facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that.nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedule to which any consumer coming within such classification would be entitled. SECTION 12 a. The Company.shall furnish, supply, install and make available its sewer collection and treatment system to any and all persons within the territory making demand, therefor, and shall provide such demanding person with its services and facilities within 90 days from the date of such demand; provided, however, that the Board may, upon application of the Company, extend the time.for providing such service to such demanding person. In the event the Company fails to provide its services and facilities to any area within the territory within the time provided, then in such event the County may by resolution of the Board limit, re- strict and confine the territory to that area then being serviced by the Company or such greater area as the Board shall determine and thereafter the territory shall be the only area set forth, defined and provided by the Board and the provision of this fran- chise shall not extend beyond the limits of the area so restricted and defined. b. The Company shall not be required to furnish, supply, install and make available its sewer collection and treatment system to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Company as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all the services under this -27- too IU eAA 4 0 franchise, to the end, that such rate will produce to the Company a sum sufficient to meet all necessary costs of the services; in- cluding a fair rate of return on the net valuation of its property devoted thereto, under efficient and economical management: The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Company. SECTION 13 The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the.Board.and provided, further, that no such sale or transfer after.such approval shall be effec- tive until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof.. In any.event this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Company to the Board in writing, accompanied by a request from the proposed trans- feree, which application shall contain information concerning the financial status and other qualifications of the proposed trans- feree and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper -regularly published in the County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such, notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove such sale or transfer within ninety (90) days from the date of said public hearing. The consent by the Board to any assignment of this fran- chise shall not unreasonably be withheld. SECTION 14 The rates charged by the Company for its service hereunder shall be fair and reasonable.and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under efficient and t.y ,'sur MAR 1 '�� economical management. The Company agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, -the Company shall have authority to charge and collect not to exceed the rates currently being charged by the City of.Vero . Beach to the customers for sewer service. Company's rates shall at all times be subject to the review and approval of Indian River County's Board of County Commissioners and no change may be made by Company in the basis of its rates without first making applica- tion therefor and public hearing thereon. SECTION 15 The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Company and to all other records, required to be kept hereunder, and it shall file such. accounting reports and data with the County when required. SECTION.16 The Company shall at all times maintain public liability and property damage -insurance in such amounts as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Company. The County shall be named as an additional insured on all such policies of insurance. if any person serviced by the Company under this franchise complains to the Board concerning rates, charges and/or operations of such utility and the Company, after request is made upon it by the Board, fails to satisfy or remedy such complaints or objections or fails to satisfy the Board that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by the Company for the ser- vices which it furnishes or the nature and character of the service it furnishes or the quality or services furnished. If the Board �^ PA9462 MAR 211973 M enters its order pursuant to such a hearing and the Company feels it is aggrieved by such order, the Company may seek review of the. Board's action by proceedings in the Circuit Court of the County; otherwise, the Company shall promptly comply with the order of the Board. Any person served by the Company shall have the right to terminate Company's service and furnish such person's own sewerage system to property owned by such person. SECTION 17 Should the Company desire to increase any charges hereto- fore established and approved by the Board, then the Company shall notify the Board in writing, setting forth a schedule of rates and charges.which it proposes. A public hearing shall be held on such request, of which notice shall be given by publication in a news- paper regularly published in said County at least one not more than one month nor less than one week preceding such.hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, ap- prove or disapprove said increase in rates within ninety (90) days of said public hearing. If the Board enters order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 18. Prior to the Company placing any of its facilities in any of the public places as herein authorized, the Company shall make application to and obtain a permit from the Indian River County Utilities Department authorizing said construction. The County shall have the right when special circumstances exist to determine the time in'which such construction shall be done. SECTION 19 If the Company fails or refuses to promptly and faith- fully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Com- pany written notice of such dificiencies or defaults and a reasonable time within which the Company shall remedy the same, which notice 040 j.% MA MAR 21 197. f shall specify the deficiency or default. If the Company fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Company and after such hearing at which all interested parties shall be heard., the Board may further limit or restrict this fran- chise or may terminate and cancel the same .in whole or in part if proper reasons hereby are found by the Board. If the Board enters order.pursuant to such hearing and the Company or any other person. feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 20 No landowner shall be required to hook up or use the sewerage collection and treatment services as provided in this franchise, provided, however, if such landowner requests services and purchases services from the Company, then.the provisions of this franchise shall apply to such landowner or the land involved, and the above rights in respect to such landowner shall cease and terminate. This franchise shall not affect, limit or restrict the rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. SECTION 21 The franchise and rights herein granted shall take ef- fect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may install or acquire its own sewerage collection and treatment system and supplies the same at wholesale for resale to individual customers; provided, however, that within sixty days from the time of the adoption of this resolution, the Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provide further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SECTION 22 If any word, section, clause or part of this resolu- tion is held invalid, such portion shall be deemed a separate and W MAN MAR 2j 1973 independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of.Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the /d day of A.D. 197,0 Signed sealed and delivered in the present of`: COUNTY OF INDIAN RIVER FLORIDA B yAs Chairman of the Board of County Commissioners Attest C rk ACCEPTANCE OF FRANCHISE Pebble Bay, Inc., a Florida corporation; does hereby accept the foregoing franchise and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the -terms, conditions and provisions therein set forth and contained. ` DATED this day of T1 0 - z , 1973. b (Corp. Seal) State of�� r; County of Notary Public in and for said State and County. My commission expires: I t ry Pubisc, State of rla,ida if W1y Ccinmission Expires Jan, -32= poutr°ani ��M ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED ALL MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS AND THE ADMINISTRATOR TO PARTICIPATE IN A CONFERENCE WITH L.K. IRELAND, SECRETARY OF THE DEPARTMENT OF AD- MINISTRATION, TALLAHASSEE, FLORIDA REGARDING THE'ESTABLISHMENT OF A NEW REGIONAL PLANNING DISTRICT.. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED PURCHASING "THE AMERICAN COURTHOUSE.PLANNING AND DESIGNS FOR A JUDICIAL PROCESS" BOOK IN THE AMOUNT OF $40.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD .UNANIMOUSLY APPROVED JOINING THE NATIONAL ASSOCIATION OF COUNTIES. 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.5405 - 5445 INCLUSIVE: ROAD AND BRIDGE FUND Nos. 2810 - 2$50 INCLUSIVE' FINE AND FORFEITURE NOS. 722 - 735 .INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF CIRCUIT COURT, THE WARRANTS SOISSUED 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 2:35 O'CLOCK P.M. ATTEST: -33- I HAIRMAN i