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HomeMy WebLinkAbout7/18/1973WEDNESDAY, JULY 18, 1973 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY,JULY 18, 1973 AT 8:30 O'CLOCK A.M. PRESENT WERE ALMA LEE LOY, CHAIRMAN: EDWARD J. MASSEY, VICE CHAIRMAN: WILLARD W. SIEBERT, SJR.,' JACK U. DRITENBAS AND RICHARD BOGOSIAN. ALSO PRESENT WERE .JACK G. KENNINGS, COUNTY ADMINISTRATOR: PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS: L.S. THOMAS AND ELIZABETH FORLANI, DEPUTY CLERKS, THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF .JULY 5, 1973. COMMISSIONER SIEBERT REQUESTED ON PAGE 10 LAST PARAGRAPH, FIRST SENTENCE, BE CHANGED TO READ "THE ADMINISTRATOR REQUESTED A RELEASE OF ESCROW MONEY WHICH WAS POSTED BY THE MOORING DEVELOPMENT COMPANY FOR THE COMPLETION OF ROADS AND DRAINAGE IN UNIT 2 OF THE MOORINGS AND STATED THAT ALL WORK HAS BEEN SATISFACTORILY COMPLETED WITH THE EXCEPTION OF A PORTION OF SPYGLASS LANE AND $4,500.00 WILL BE RETAINED UNTIL THIS PORTION IS COMPLETED." COMMISSIONER DRITENBAS REQUESTED ON PAGE 12, LAST SENTENCE, THE WORD "DISCUSS" BE CHANGED TO READ "DISCUSSION COMMISSLONER DRITENBAS ALSO REQUESTED ON PAGE 13, FIRST PARAGRAPH, THIRD LINE BE CHANGED TO READ: "LAKEWOOD'PARK, IN ST. LUCIE COUNTY, AND FELLSMERE",. THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY =`THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF .JULY 5, 1973, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF .JULY 12, 1973, THERE WERE NONE AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF .JULY 12, 1973, AS',"WRITTEN. m JL 1 .197 ?. f OOii RA.G THE HOUR OF 8:30 O'CLOCK A.M. HAVING PASSED THE - DEPUTY CLERK READ.THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly _.r . PUBUC NOTICE PUBLIC NOTICE River County, Florida NOTICE Vero Beach, Indian NOTICE IS HEREBY GIVEN that ma following is a statement slan- - marizing a supplemental budget tentatively adopted by the Board of • County Commissioners of Indian River County. Florida, showing receipts COUNTY OF INDIAN RIVERt of said Board for the fiscal year 1972.1973 in excess of the anticfpnted FLORIDAreteiots budgeted by said Board for the said fiscal year and showirx. Me STATE OF - proposed expenditure the: eof by said Board for Said fiscal year proposed to Before the undersigned authority personally appeared J. J. Schumann, Jr. who on bath be adopted by said Board as a supplemental budget for the fiscal year says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published ending September 30,1973, In words and figures followhig; at Vero Beach in Indian River County, Florida; that the attached Copy of advertisement, being GENERALFUND EXPENDITURES FROM TO at 4990798 Fed. Rev. SharingReserve . ..�. �C iLl�lyR.rt.. EXCESS RECEIPTS a ._. WV.2=0 ac 1193 Fed. Rev. Sharing Funds FINES, FORFETURE FUND • In the Itmftar of Y�V�ae�� �. • y .�yy .. —_ - 1 1—"----- EXPENDITURES TO FROM ac 3101102 SheriWs Budget Other Safari" 5113 0.00 ac 310130] Sheriff's Budget Expenses �J100.OD - a -C 3101105 Sheriff's Budget Payroll Matching - -9,727.00 Court, was pub-. - EXCESS RECEIPTS ac 1193 Fed. R.w. Sharfnng Funds S 64.777.00 TOTALS. S401.500.00 ft101,600.00 , Bshed In add newspaper in the lam of Said Board will meet In the County Commissioner's Room, Indian River County Courthouse. Vero Beach, Florida, at 8:30a.m. on Wednesday, u1S,. 1973 for the purpose hearing requests and complaints from the publbl Wgic regarding the supplemental bet. - -.-1--1--r-�-- r -Thin Sm daY of JuIY 1473. BOARD OF COUNTY COMMISSIONER'S OF Affiant further says that the said Vero Beach Press -Journal is a newspaper published at INDIAN RIVER COUNTY, FLORIDA Vero Beach, in said Indian River County, and that the said newspaper has heretofore By •s. ALMA LEE LOY, Chairman been continuously publishedIn said Indian River. County, Florida, weekly and has been entered July S. 1g73, as second class [nail 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 far publication in the said newspaper. - ^� Sworn to and subscribed before me this day of—V vv (,Business Manager) (Clark o the Circuit Court, Indian River County, Florida) (SEAL) - `THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO -BE HEARD, .THERE WERE NONE AND ON MOTION BY COMMISSIONER VASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY ADOPTED THE SUPPLEMENTAL BUDGET AS FOLLOWS: _2_ 17 pu[221 i -3- V P4.4` J U L 1 1973 sw� GENERAL FUND EXPENDITURES TO FROM 999078 FED. REV. SHARING $318,907.00 RESERVE FUND EX SS RECEIPTS 11� FED. REV. SHARING FUNDS -$318,907.00 FINE AND FORFEITURE FUND EXPENDITURES .° TO FROM UT10110 SHERIFFS BUDGET Z)ALARIES HER $ 15,000.00 9101302 SHERIFF'S BUDGET XPENSES 40,000.00 101105 BUDGET 5SHERIFF'S AYROLL LATCHING 9,227.00 REC IPTS REV. 11 FED. SHARING FUNDS $ 64,227.00 TOTALS $383,134.00 $383,134.00 i -3- V P4.4` J U L 1 1973 sw� i . The purpose of this meeting this morning is for this Board to explain to the Vero Beach, Moorings, Floralton, Porpoise Point and Smuggler's Cove Property Owners Associations, the Board's position on many of the matters raised by the Associations over the past several months. Cn November 22 of 1972, this Board received a Petition presented by Steve Henderson on behalf of the Associations, express- ing their concern over the increase of multiple family zoning: the, fact that rezoning was continuing in spite of the Board's failure to complete a Master Plan, and that "reverse planning" was taking place. The Petition requested that the Board establish a Moratorium on all re- zoning until the Master Plan was finally adopted; or in the alternative, stop any further expenditures of funds on a plan that would be rendered moot by interim zoning. This Petition was discussed at length by the Board with many other citizens representing different: groups expressing their ideas. The following individuals spoke against the proposed Mora- torium: German Suarez - President of Motel -Hotel Association Dave Albrecht - Contractor Jim Beindorf - Consulting, Engineer for the County Don Wilcox - Developer Al Scattergood - Realtor Val Brennan - Planner Ralph Sexton - Indian River County Zoning Commission. Chairman, speaking personally and for the Indian River County Zoning Commission. W. It. Siebert - County Commissioner. Besides Steve Henderson, who represented the Associa- tions. the only other individual speaking for a Moratorium was Ad- miral B. E. Moore of Smuggler's Cove. Commissioner Dritenbas asked the Planner when the Master Plan would be ready for adoption and both Val Brennan and Ralph Sexton thcught it difficult to say but both hoped that it could be ready in January of 1973. Although no formal vote was taken, the failure of any Commissioner to make a r= 17 PAS JUL 1 1973 The discussion ended with their views, and I stated that the Board would help speed up the process of adopting a Master Plan. Your Associations, in their letter of May 25, 1973, ac - cased this Board of not taking any action on the Petition and merely tabling or setting it aside. From the facts just stated it is clear that this Board fully considered and discussed the Petition and chose not to impose a Moratorium or cease work on the Master Plan. The second criticism in your letter of May 25, 1973, is that this Board ignored your letter and request of February 13, 1973, which requested some action by the Board on the previous Petition, requested that the Board comply with the requirements of Chapter 163 of the Florida Statutes, or seek anAttorney General's opinion on whether or not this Board had to comply with Chapter 163. The Board answers these criticisms, as follows: First, your Attorney was present at the meeting on, November 22, 1972, when the Petition was presented by him, dis- cussed, and the Board chose not to comply with the request and -the Board assumed the results of this discussion would-be relayed* to . each of you by your attorney. Second, this Board employs an attorney in whom it has confidence and has relied on his opinion that Chapter 163 is permissive only and the actions of the Board are legal and did not feel that it was necessary to seek an opinion of the Attorney General. If differences of opinion between the public and this Board on interpretations of the law were always settled by an Attorney General's opinion, this Board would not need an attorney, would be unable to expeditiously carry out its duties, and the staff of the Attorney General would have to be grea4tly increased. You are correct in your criticism that the Board did not formally answer your request for an Attorney General's opinion, Qa VPW22i4 and for that oversight we apologize and can only say that it was an oversight and certainly not a callous disregard of concern, as alleged in your letter of May 25th. Your attorney again. appeared before the Board on June -6, 1973. -reviewing the Petition submitted in November of 1972, .and another discussion, similar to the one held on November 22, 1972, took place, even though your Associations and your attorney knew the Board's thoughts on the matter because of the discussion in November.. Because of a very busy schedule. I stated that the Board was aware of the problems arising from rezoning and.said a special meeting could be scheduled to discuss the problems. This meeting had not been scheduled prior to today because, quite frankly, there has not been time to prepare the documentation necessary for a proper discussion. This.Board is in the process of . setting up a county -wide water and sewer program, working on our new budget, and handling routine business. Because of our failure to reply to your letter of May 25th, you made your own request for an Attorney General's opinion, a copy of which was provided to us by the Press. Our attorney deter- , mined that it was important that the Attorney General know the. County's position if he intended to give an opinion. Your letter of June 26, 1973, accuses the Board of delaying any meeting with you until an opinion had been given by the Attorney General and further accused our Attorney of trying to delay the Attorney General's opinion. This Board has never attempted to delay a meeting with your groups except for the problem of time, as I have previously.explained, and our attorney has never attempted to delay the Attorney General's opinion. Further in your supplemental letter to the Attorney e General, dated June 26, 1973, you accuse our attorney of trying to delay and prevent the Attorney General from giving an opinion on: the grounds that the Attorney General does not give opinions to private citizens. I have been assured by our attorney that he has not in any way tried to prevent the Attorney General from giving w an opinion, but that it is his opinion as expressed to this Board, that it is not the practice of the Attorney General to give opinions to private citizens. Our attorney did write the following letter to the Attorney General: r� June 13, 1973 Honorable Robert L. Shevin Attorney General The Capitol Building Tallahassee, Florida 32304 Dear Sir: I have been advised that several Property Owners Associations in Indian River County have requested your opinions on eight specific questions dealing with certain agreements be- tween Indian. River County and the City of Vero Beach on joint planning in the possible adoption of a Master Plan. If it is your intent to give an opinion on the eight questions, as County Attorney for Indian River County, I would appreciate, an oppor- tunity to make the County's position clear. I will be gone from Vero Beach on June 8th and will be out of town until June the 18th attending Florida Air National Guard summer camp. I would appreciate your notifying me if you intend to give an opinion on the questions requested in *'the Property Owner's letter and giving me an opportunity to answer the same. PDB:rkj Sincerely, Paul D. Burch County Attorney IE From the contents of his letter, we -believe it is an unfair conclusion on your part that our attorney is doing anything to delay or prevent your getting an answer from the Attorney General. This Board has requested and received from its attorney a written opinion on the County's participation in joint planning with the City of Vero Beach and the legality of this Board's action, and I will now read that opinion to you. (attached hereto) _�_ f � , JUL 18 197 • SUBJECT: Legality of City -County Planning Commission BACKGROUND: From my research of County records, I find the first reference to city -county joint planning in.the minutes of the City of Vero Beach - Board of County Commissioners of Indian River County Liasion Committee of June 1, 1964, in which it was suggested that acoordination of planning for the development of Vero Beach and the County could be accomplished in a more efficient manner if a committee were formed made up of three members of the Indian River County Zoning Commission and three members of the City Parks, Planning and Zoning Board and a seventh person appointed by them. This committee was to meet regularly and submit recommendations to the respective zoning boards, the City -Council and Board of County Commi- ssioners; This Committee evolved into the Indian River County Long Range Planning Authority manned by some of the City's and County's more prominent citizens. On November 25, 1968, this Committee passed a Resolution recommending to .the Board of County Commissioners that a City -County Joint Planning Commission be establis hed. This recommendation was approved by both the Board of County- commissioners and the City Council and on August 27,. 1969, a "Buffer" committee was formed consisting of one member of the City Council, one member of the Board of County Commissioners, one member of the Zoning Board, one member of the City Parks, Planning and Zoning Board, the City Manager, the County Administrator, and one member of the Dong Range Planning Authurity. The name Vero Beach - Indian River County Planning Commission was the name selected for this "Huffer" Committee. This is the' Commission whose -8- e on.17PAC4227 activities are now being questioned by certain property owners associations. - In 1969 this Commission recommended to the City Council and the Board of County. Commissioners that a professional planner - be hired, given an office and staff, and carry out tasks assigned to him . s by the City Council and the Board of County Commissioners. In effect, the Planner had two bosses, the City and the County. To avoid friction, It was determined that the City and County would work through the Joint Planning Commission. It .was agreed that the cost of this operation would be split 50 - 50 between'the County and the City and -appropriate resolu- tions were passed by both the Board of County I Commissioners(Resolu- tion No. 69-71) and the City Council (Resolution No. 2116) to hire a - planner and split the costs. This Planning Commission has continued to operate on this basis through the present time. This Commission ' has made requests three times for State and Federal assistance grants I for planning. Each of these requests were approved by appropriate. resolutions by both the City and County. LEGAL: The first statutory authority for zoning by the Board of County Commissionexsof Indian River County was Chapter 21310)Special Acts of 1941. The purpose.of this act was to allow the Board of County bomniissionersto establish a Zoning Commission and regulate zoning within the unincorporated areas of the County. This act was not imple- mented until 1957 when the first Zoning Resolution was passed and dis- tricts were established. In the meantime the Legislature had passed Chapter 133, General Laws of Florida establishing a procedure for- all counties to control zoning. Chapter 133 excluded those counties al- ready having local or special acts granting this authority and Indian River County continued to operate under Chapter 21310 and Chapter 71-14 until Chapter 21310 was repealed in 1973. Chapter 21310 gave the Board of County' Commissioners i Byauthorityof home Rule powers granted under the 15968,, Constitution, the Legislature passed Chapter 71-14 which greatly in . creased the powers of the Board of County Commiss ioners tinder f F.4pter 125 laws of 1971, the applicable parts t have included here. This law alloyed the Board of County Commissioners to: "Establish, coordinate and enforce zoning and such business regulations as are necessary for the pro- tection of the public. 6 Prepare and enforce comprehensive plans for the development of the county. Establish and administer programs of housing, slum clearance, community redevelopment, conservation, - flood and beach erosion control, air pollution con- trol, and navigation and drainage, and cooperate with governmental agencies and private enterpri- ses in the development and operation of such pro- grams. Enter into agreements with other governmental agencies within or outside boundaries of the county for joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions. Perform any other acts not inconsistent with law which are in common interest of the people of the county,. and exercise all powers and privi- leges not specifically prohibited by law. No enumeration of powers herein shall be deemed exclusive or restrictive, but shall be deemed to incorporate all implied powers necessary or in- cident to carrying out such enumerated powers, including specifically, authority to employ personnel, expend funds, enter into contractural obligations, and purchase or lease and sell or exchange real or personal property. To make and enter into all contracts and agree- ments and to do and perform all acts and deeds necessary and incidental to the performance of its duties and the exercise of its powers. " The above cited portions of Chapter 125 provide, sufficient authority for the Board of County Commissioners to establish zoning regulations, prepare and enforce comprehensive plans for developer ment and to enter into agreements with other governmental bodies : •. .. .. .... _ fir. ��' .. F. for the joint performance of these duties. I answer the questions raised about Chapter 163 in the following manner: Chapter 163 is permissive only and not mandatory. Florida Statute 163. 160(2) points out that it does not repeal or modify any local or special act relating to zoning or planning; that the provisions are supplemental and in addition to other powers held by the governing body. Florida Statute 163.165 (3) states:A. "Any governing body of any county or any incorporated municipality may but shall not be required to, exercise any of the powers set out in this part. " In general, Chapter 163 provides authority for governing bodies to { join together in planning only if they choose to bring themselves under its provisions. Indian River County has not chosen to proceed under this act, because ample authority for what it is doing in the .plan- ning area may be found elsewhere, Finally, I do not believe that the Vero Beach - Indian River County Plkn i*+g Commission has any authority to do anything without the concurrence of both the City Council and the Board of County Commissioners. Everything this Planning Commission does is approved by resolution by both the, City and County in advance. It is a conduit by which the City and County perform a required function of government at a considerable saving of money to the citizens,. both City and County, of our area. - In my opinion the questions raised by the property owners associations are a result of their fears that a Master Plan will be - adopted by the County and by the City without the input and considera- tions of the citizens of the City and the County. This will not happen. The first of many hearings on the proposed plan was held September 2, 1972, attended by most governmental and civic groups in the area. Multiple meetings have been held by the County since that date to which the public was invited and which were attended by representatives of many. of the property owners associations who. are now questioning JUL 181973 eDo V fu 0 a = * the Commission. Future public meetings will be held by both the, City and the County and the public will be kept informed. at all times A and the Planning Commission solicits the thoughts of every citizen In the area on what the future development of the .area should be. Naturally there will be differences. of c#piti an and these differences should be and will be settled by the officials- elected by the City and County. Any Master Plan for City and County development must be finally approved by the governing bodies of both the City and the County. This has not been accomplished and only will be accom- plished after appropriate public hearings. ��: I fW In addition, your Associations have accused this Board of failing to expose the -proposed Master Plan, to the public, withholding it from public consideration, and attempting to retain exclusive control over planning.land use and zoning. Meetings of public officials concerned with obtaining the required material for formulations of a Master Plan were held on: December 14, 1971 March 14, 1972 April 27, 1972 May 16, 1972 June 20, 1972 August 22, 1972 September 21, 1972 October 10, 1972 October 12, 1972 November 14, 1972 December 6, 1972 December 12, 1972 January 18, 1973 January 24, 1973 February 13, 1973 February 14, 1973 February 28, 1973 March 19, 1973 March 21, 1973, April 10, 1973 May 7, 1973 June 18, 1973 These were held either by the Board of County Commis- sioners of Indian River County, The Indian River County Zoning Com- mission, the City Council of Vero Beach, the Parks, Planning & Zoning Board of the City of Vero Beach, or the Vero Beach -Indian. River County Planning Commission. An of these meetings were open to the public and were attended by some of the members of your Associations. At many of these meetings, although they were not public hearings, people were invited to and did express,their thoughts. Many copies of the work done by the Planner and. the 'consultants were distributed; so . many that the supply has become exhausted and more have been ordered and will be available. - Our Planner has assured me that he has never refused to discuss the proposals being made on the Master Plan with anyone. Gentlemen, it is unfair for you to say that this Board, or any Board involved with the Master Plan, is attempting to do t something behind anyone's back. It is a very difficult task to please everyone. I am sure the Master Plan, when finally officially adopted, will be the result of a community effort. We solicit and will appreciate your thoughts and comments, and the comments of any of our citizens, We represent you, but remember, we represent all of the citizens of this County. We were elected to make the decisions that have to I be made and we will endeavor to make those decisions for the benefit Of all of our citizens. I was born in Vero Beach and I can identify my.growing pains with this community. But one thing remains outstanding.in a lifetime of memory and that is that it is the people of this community who have been the life and breath of its growth. Our citizens have been a dedicated family, pledged to a common goal. It is my sincere wish that this spirit of harmony and cooperation will continue and that f different interest groups, as well as individual citizens, will unite and work toward keeping our County unique. This Board pledges to do its part. We want your constructive criticism, but help us by making sure it is constructive and not just criticism.. BOO[E 17 PAcf 3 JUL 18 1973 CHAIRMAN Loy STATED, AT THIS TIME THE MEETING WILL BE OPENED FOR DISCUSSION. .JEROME KRAMER REPRESENTING THE VERO BEACH AND MOORINGS ASSOCIATIONS IN THE ABSENCE OF THEIR.ATTORNEY STEVE HENDERSON, APPEARED AND STATED THAT THE LETTERS FROM THE BEACH ASSOCIATION AND OTHER GROUPS WERE AN EXPRESSION OF CONCERN AND NOT ACCUSATIONS. MR. KRAMER FURTHER STATED THAT THERE IS A POINT OF DIFFERENCE THAT AN ATTORNEY GENERALS OPINION REGARDING CHAPTERS 163 AND 125 OF THE FLORIDA STATUTE, WOULD CLARIFY. MR. KRAMER I'S OF THE OPINION THAT THIS BOARD SHOULD ABIDE BY CHAPTER 163. ATTORNEY BURCH STATED THAT CHAPTER 163 PROVIDES AUTHORITY FOR GOVERNING BODIES TO JOIN TOGETHER IN PLANNING ONLY IF THEY CHOOSE TO BRING THEMSELVES UNDER ITS PROVISION. THIS BOARD HAS CHOSEN TO PROCEED UNDER CHAPTER 125 WHICH PROVIDES SUFFICIENT AUTHORITY FOR THE BOARD TO ESTABLISH ZONING REGULATIONS, PREPARE AND ENFORCE COMPREHENSIVE PLANS FOR DEVELOPMENT AND TO ENTER INTO AGREEMENTS WITH OTHER GOVERNMENTAL BODIES. MR. KRAMER THEN QUESTIONED THE LEGALITY OF "CONTRACT ZONING". ATTORNEY BURCH STATED TT IS NOT LEGAL. MR. KRAMER CONTINUED THAT THERE IS A NEED FOR A MORATORIUM *ON ALL MULTI -FAMILY DEVELOPMENT UNTIL THE CITY -COUNTY MASTER PLANS ARE COMPLETED AND APPROVED. CHAIRMAN-LOY INTERRUPTED THE DISCUSSION AT 9:39 ofCLOCKA.M. TO.ASk IF THERE WAS ANYONE PRESENT WHO WISHED TO SUBMIT A BID IN ACCORDANCE WITH THE PUBLIC NOTICE.REGARDING BIDS FOR TWO AUTOMOBILE AND A PILE DRIVER. THERE WERE NONE AND THE ADMINISTRATOR WAS INSTRUCTED TO HOLD IN ABEYANCE THE BID RECEIVED IN THE MAIL. THE CHAIRMAN THEN CALLED ON VAL, BRENNAN, PLANNING DIRECTOR FOR HIS STATEMENTS. MR. BRENNAN STATED THAT ON THE BOARDS RECOMMENDATIONS, NEW ZONING DISTRICTS WILL BE BROUGHT UP AT THE .JULY 26TH. 1973 ZONING COMMISSION MEETING. -15- JUL 18 1973 o 17 ��� MR. BRENNAN CONTINUED THAT A STATEMENT HAS BEEN MADE BY THE VARIOUS ASSOCIATIONS, THAT THE`COUNTY`THROAJGH.ITS REZONING AND,APPROVALS, HAS.AUTHORIZED ENOUGH.RESIDENTIAL UNITS TO ACCOMMODATE A TOTAL POPULATION INCREASE OF APPROXIMATELY 31,000 WITHIN ONE YEAR. MR. BRENNAN STATED THAT ACCORDING TO HIS RECORDS THE POPULATION INCREASE WE CAN ANTICIPATE IS 21,700 BY THE YEAR 1978. CHAIRMAN LOY ASKED MR. BRENNAN HOW THE PLANS FOR.- COMPLETION OR:COMPLETION AND PRESENTATION OF THE MASTER PLANS ARE PROCEEDING. MR. BRENNAN STATED THAT OUR CONTRACT TO COMPLETE THE RESEARCH FOR THE MASTER PLANS WAS .JUNE 300 1973. AT THIS TIME ALL WORK HAS BEEN COMPLETED AND ADLEY AND ASSOCIATES STATE IT WILL TAKE ONE MONTH TO COMPILE THIS MATERIAL AND HAVE IT PRINTED. UPON RECEIPT OF THESE PLANS, ALL GOVERNING BODIES WILL RECEIVE ` A COPY AFTER WHICH PUBLIC HEARINGS WILL BE SCHEDULED, INFORMATION RECEIVED WILL BE CONSIDERED, AND FINALLY THE.ADOPTION OF THE MASTER PLANS. GERMAN SUAREZ REPRESENTING THE HOTEL AND MOTEL ASSOCIATION APPEARED AND STATED THAT HIS ASSOCIATION IS VERY iNTERESTED IN THE WELFARE OF THE COMMUNITY AND'REQUESTS THAT THE CITY -COUNTY MASTER PLANS THAT WILL FIT"THE NEEDS OF THIS COMMUNITY, BE ADOPTED. CHAIRMAN LOY ASKED THE BOARD IF THEY HAD ANYMORE COMMENTS. COMMISSIONER BOGOSIAN EXPRESSED CONCERN REGARDING THE LEGALITY OF THE ACTIONS TAKEN BY THIS BOARD AS IT PERTAINS TO ZONING AND PLANNING. COMMISSIONER BOGOSIAN STATED THAT SINCE IT -HAS BEEN CALLED TO OUR ATTENTION BY ONE.OR MORE GROUPS, HE COULD SEE NO HARM IN REQUESTING AN ATTORNEY GENERALS OPINION ON THE LEGALITY OF THE AUTHORIZATIONS WE ARE PROVIDING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY BURCH TO OBTAIN AN OPINION FROM THE ATTORNEY GENERAL REGARDING WHETHER OR NOT IT IS MANDATORY TO FOLLOW'THE DICTATES OF CHAPTER 163 OF THE FLORIDA STATUTE, AND ALSO REQUEST AN OPINION REGARDING OUR REQUIREMENT ON ZONING CHANGES THAT DEVELOPERS MUST OBTAIN A BUILDING PERMIT WITHIN SIX MONTHS AND COMPLETE•CONSTRUCTION WITHIN 12 MONTHS OR THE ZONING MAY BE CHANGED BACK TO THE PRIOR ZONING DISTRICT. -16- L 1 1973soo ��' PAGf235 =1 CHAIRMAN LOY ASKED THE BOARD'SDECISION' ON ESTABLISHING A MORATORIUM ON MULTI -FAMILY DEVELOPMENT. - COMMISSIONER MASSEY, STATED HE DID NOT FEEL A MORATORIUM WAS NECESSARY. IN HIS OPINION, A MORATORIUM IS NECESSARY ONLY LN AN EMERGENCY SIUTATION AND THIS IS NOT AN EMERGENCY SITUATION, CHAIRMAN LOY ASKED IF ANY COMMISSIONER WISHED TO MAKE A MOTION THAT A MORATORIUM ON MULTI -FAMILY REZONING BE PASSED, THERE WAS NO MOTION MADE, THE BOARD THEN AGREED TO REQUEST THE ZONING COMMISSION TO PROCEED AS EXPEDITIOUSLY AS POSSIBLE WITH SCHEDULING.PUBLIC PRESENTATION OF THE MASTER PLAN AS IT IS PROPOSED. .JAMES BEINDORF REPRESENTING DR. ROBERT RADIN APPEARED AND MADE A PRESENTATION OF A SUBDIVISION LOCATED IN SECTION 9, TOWNSHIP 33, RANGE 39 AND REQUESTED TENTATIVE SITE PLAN APPROVAL. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED TENTATIVE SITE PLAN APPROVAL OF A SUBDIVISION OWNED BY DR. ROBERT`RADIN LOCATED IN SECTION 9, TOWNSHIP 33, RANGE 39 SUBJECT TO THE DRAINAGE AND UTILITY EASEMENTS ON.THE EAST AND WEST SIDES OF THIS SUBDIVISION REVERTING TO THE COUNTY IF AND WHEN THIS ADJOINFNG PROPERTY IS SOLD AND DEVELOPED. THE BOARD THEN ADJOURNED AT 12:10 O'CLOCK P A .AND RECONVENED AT 1:30 O'CLOCK P.M. AT THE REGULAR MEETING OF .JULY S, 1973, A PUBLIC HEARING FOR REZONING OF PROPERTY AS REQUESTED BY C.B. AND MARY GRAY WAS CONTINUED UNTIL THIS MEETING BECAUSE MR. AND MRS. GRAY HAD ADVERTISED FOR A PUBLIC HEARING ON PROPERTY THEY DID NOT OWN, THE BOARD AGREED THAT THE PETITIONER WAS TO FURNISH THE EXACT LEGAL DESCRIPTION OF THE PROPERTY THEY OWN THAT THEY WISHED TO BE REZONED, AT THIS MEETING THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT TO REPRESENT C.B. AND MARY GRAY, THERE WAS NO ONE AND UPON MOTION BY COMMISSIONER SIEBERT, SECONDED BY'COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY DENIED THE REQUEST FOR A ZONING CHANGE AS REQUESTED BY C.B. AND MARY GRAY BECAUSE THEY DID NOT FURNISH THE EXACT LEGAL DESCRIPTION OF THE PROPERTY THEY WISHED REZONED. -17- JUL 17-JUL 181973 0 17 �Aw 2-30 THE ADMINISTRATOR STATED THAT AT THE REGULAR MEETING* OF JUNE 20, 1973, THE BOARD GAVE TENTATIVE APPROVAL TO SUNVALE SUBDIVISION, SUBJECT TO APPROVAL -OF AN ENGINEERING DESIGN SHOWING THE DRAINAGE OF THIS SUBDIVISION. AT THE REGULAR MEETING OF JULY 5 -*l 19731 VICTOR PA'L-I'SANO',' DEVELOPER OF SUNVALE SUBDIVISION PRESENTED A SURVEY SHOWING HOW THIS SUBDIVISION WILL BE DRAINED. IT WAS.STATED THAT DRAINAGE IS CONTINGENT ON THE 12TH STREET DITCH. THE BOARD AGREED THAT MORE INFORMATION . WAS NECESSARY. VICTOR PALISANO, DEVELOPER AND SHERMAN SMITH I**i­i,:.ATTORNEY APPEARED AT THIS MEETING WITH A PROPOSED DRAINAGE PLAN PREPARED BY AL PANDA, SURVEYOR. THE BOARD REVIEW -ED THE PROPOSED DRAINAGE PLAN AND COMMISSIONER DRITENBAS STATED THAT THERE ARE LOW AREAS THAT WILL BE FLOODED AND HE IS,ESPECIALLY CONCERNED ABOUT HOMES BEING BUILT -=.2 IN THIS LOW AREA AND HAVING THEM BECOME FLOODED:, COMMISSIONER BOGOSIAN ASKED.— IF THIS SUBDIVISION HAS MET OUR SUBDIVISION REGUIREMENTS AND THE ADMINISTRATOR ANSWERED THAT IT HAS MET ALL REQUIREMENTS. COMMISSIONER BOGOSIAN SUGGESTED MODIFYING OUR SUBDIVISION REGULATIONS TO REQUIRE THAT THE FLOOR LEVEL OF A HOUSE MUST BE AT THE SAME'LEVEL AS THE CENTER LINE OF THE STREET. IT WAS POINTED OUT THAT THE FLOOR LEVEL OF A HOUSE MUST CONFORM TO THE SOUTHERN BUILDING CODE. I MR. PALISANO PRESENTED A PROFILE STUDY OF SUNVALE SUBDIVISION. COMMISSIONER,I)RITENBAS RECOMMENDED THAT 12TH STREET BE THE BENCH MARK FOR THAT SUBDIVISION. ON MOTION BY COMMISSIONER DRITENBASo SECONDED BY COMMISSIONER SIEBERT. THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL, SUBJECT TO 12TH STREET BEING THE BENCH MARK, AND THE FLOOR LEVEL OF THE HOMES TO BE CONSTRUCTED ARE A MINIMUM OF 4" ABOVE THE CENTER LINE OF 12TH STREET, ADJOINING THIS SUBDIVISION. -18- lot, �-,v,w,237 - VAL BRENNAN,.PLANNING DIRECTOR, INFORMED THE BOARD THAT THE FLORIDA PLANNING AND ZONING ASSOCIATION IS HOLDING A `ZONING SEMINAR" ON JULY 25, 1973 IN ORLANDO, FLORIDA. THE TOTAL COST TO HIRE A BUS IS $272.00 WHICH WOULD BE SPLIT 50-50 WITH THE CITY OF VERO BEACH AND THE COUNTY'S SHARE WOULD BE $136.00. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED VAL BRENNAN TO HIRE A BUS IN THE AMOUNT OF $136.00 AND TO ALSO MAKE ARRANGEMENTS FOR DINNER FOR MEMBERS OF THE ZONING COMMISSION, BOARD OF ADJUSTMENT AND COUNTY COMMISSIONERS ATTENDING THE ZONING SEMINAR ON .JULY 25, 1973 IN ORLANDO, FLORIDA. MR.�BRENNAN INFORMED THE BOARD THAT THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ARE URGING THE ADOPTION OF A RESOLUTION WHICH WOULD DISCOURAGE,CONSTRUCTIONS OF CANALS IN THE INDIAN RIVER. COMMISSIONER SIEBERT SUGGESTED THAT THIS BE PUT ON THE AGENDA FOR AUGUST 8, 1973 AND COPIES OF THIS REQUEST BE FORWARDED TO ALL BOARD MEMBERS, MR. DAVE GROTEFEND REPRESENTING THE ECONOMIC OPPORTUNITY COUNCIL APPEARED AND INFORMED THE BOARD THAT THEY HAVE RECEIVED A GRANT FROM THE DEPARTMENT OF LABOR FOR THE NEIGHBORHOOD YOUTH CORP AND THEY HAVE EMPLOYED 170 YOUNGSTERS BETWEEN THE AGES OF 14 AND 21, WHO ARE STILL ATTENDING SCHOOL, MR. GROTEFEND-ASKED IF THE BOARD HAD JOBS FOR THESE YOUNGSTERS. THE BOARD AGREED THAT CLEAN-UP WORK IS NEEDED ON ALL BEACHES AND IN CERTAIN AREAS, SUCH AS, GIFFORD, WEST WABASSO, AND OSLO. THE CHAIRMAN SUGGESTED THAT MR. GROTEFEND SUBMIT A LIST TO THE COUNTY ADMINISTRATOR, WELL IN ADVANCE, OF THE AREAS THEY WILL BE CLEANING AND TO INDICATE THE PICK-UP POINTS. THE COUNTY TRUCK WILL THEN COME BY AND PICK-UP THE DEBRIS. �, _19- JUL 18 173 pg(. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF ONE "COUNTY COMMISSIONERS MANUAL" TO BE USED BY THE COUNTY ATTORNEY, IN THE AMOUNT OF $40.00. ATTORNEY BURCH BROUGHT TO THE ATTENTION OF THE BOARD A 1972 AMENDMENT TO THE CIVIL RIGHTS ACT OF 1964 - TITLE 7,'WHICH STATES THAT LOCAL EFFORTS TO END DISCRIMINATION MUST BE MADE AND REPORTS MUST BE FILED TO DOCUMENT, RACE, SEX, AND SALARY OF ALL COUNTY PERSONNEL BY OCTOBER 31, 1973. THE BOARD RECOMMENDED THAT GEORGE MCKENNA, PERSONNEL DIRECTOR, READ THE NEW LAW AND MAKE RECOMMENDATIONS TO THE BOARD. THE, ATTORNEY STATED THAT AN APPLICATION FROM LAMESA I.NC. FOR "DEVELOPMENT -OF REGIONAL IMPACT" APPROVAL, UNDER FLORIDA STATUTE 380 WAS RECEIVED. THE ATTORNEY STATED.THAT NOTICE OF PUBLIC HEARING MUST BE ADVERTISED FOUR WEEKS PRIOR TO THE HEARING. A COPY OF THE LEGAL ADVERTISEMENT MUST BE SENT TO THE DIVISION OF STATE PLANNING AND ONE TO OUR REGIONAL PLANNING COUNCIL. ON MOTION.BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, COMMISSIONER DRITENBAS AND COMMISSIONER BOGOSIAN ABSTAINED FROM VOTING, CHAIRMAN Loy VOTED IN FAVOR AND THE BOARD APPROVED ADVERTISEMENT FOR PUBLIC HEARING ON -AUGUST 22, 1973 FOR LAMESA, INC. COMMISSIONER BOGOSIAN STATED THAT HE HAS A PERSONAL INTEREST IN LAMESA INC. WHICH EXCEEDS 10% AND HE PROPOSES TO FILE AN AFFIDAVIT WITH THE BOARD CITING WHAT THAT INTEREST IS. COMMISSIONER DRITENBAS STATED THAT HE ALSO HAS PERSONAL INTEREST IN LAMESA INC. WHICH EXCEEDS 107 AND HE PROPOSES TO FILE AN. AFFIDAVIT WITH THE BOARD CITING WHAT THAT INTEREST IS. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER.MASSEY, THE BOARD UNANIMOUSLY APPROVED THE ADMISSION OF DAVID THOMAS MCRAE TO THE FLORIDA SCHOOL FOR THE DEAF AND THE BLIND. -20- ohn V pai'239 ON MOTION.BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR THE OPERATION OF THE SHERIFFS OFFICE FOR THE FISCAL YEAR OF OCTOBER I, 1972 TO SEPTEMBER 30, 1973.4 ITEM TO ITEM TRANSFER BALANCE IN CONTINGENCY.FUND: $7,000.00 From Reserve for Contingencies: 1814.00 To Intangible Taxes: 1814.00 From Reserve for Contingencies: 200.00 To Auto Equipment: 200.00 From Reserve for Contingencies 4986.00 To Expenses other than Salaries:4986.00 1, 7000.00 $7000.00 ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION OF FELIX MANUEL.RODRIQUEZ FOR ADMISSION TO THE A.G. HOLLEY STATE HOSPITAL, THE ADMINISTRATOR STATED THAT THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND HAVE RECEIVED AN AP- PLICATION FOR A PERMIT TO CONSTRUCT A SEAWALL ALONG THE SHORELINE OF THE INDIAN RIVER IN INDIAN RIVER COUNTY, FLORIDA AND HAVE REQUESTED THE BOARD OF COUNTY. COMMISSIONERS TO SUBMIT A LETTER -STATING THEY HAVE NO OBJECTIONS TO THE CONSTRUCTION OF THIS .SEAWALL. DEAN LUETHJE APPEARED REPRESENTING BEINDORF AND ASSOCIATES, INC., CONSULTING ENGINEERING.FIRM, WITH A "PLANNED DESIGN" WHICH IS BEING MADE A PART OF THESE MINUTES ALONG'WtITH A COPY OF GUIDELINES FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND. ....."�'.3�ai`fi'.'b"S.ffi'1%'RA`�„�'ft-rL'agc �.Tr Pr3+�'-{�`9..-sh.-''at'•:rdt»iffi:.r^.r:��v.'$N:ci�.�`�T}'gutll:''�h'� -�^,i � tea ar�rF ate:. STATE OF FLORIDA , BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ELLIOT BUILDING — TALLAHASSEE. FLORIDA 32304 . .. Joel Kuperberg rrLzPj4cNE 488-8123 Executive Director AAp lioations to Reclaim Land Statutory provisions afford a method in which a riparian owner may recover land previously lost; however, the cause of such loss is specific and it -must fall within one of the following,categories: 1. Avulsion, which is defined as a sudden loss as a result of a storm or other natural phenomena. 2. Artificially induced erosion, which is defined as a loss caused by man-made structures,_ boat traffic, failure of seawalls, bulkheads or retain- ing walls. Y An application to reclaim`lannd must be supported with the following documentary evidenee: 1. Map of ground survey showing: (a).present shoreline at mean high water (b) former shoreline at approximate mean high water 2. Charts, maps or photographs relevant to the area and representative of time in which change in location of shoreline occurred. • 3. Two affidavits by persons having no interest in the land but who have personal knowledge of the rate and extent of change and direct cause of change in location of shoreline. g Include the approximate date of the specific hurricane or storm, if applicable. 4. Permit issued by the local governing body. 5/17/73 Reubin O'D. Askew Richard (Dick) Stone Robert L. Shevin Fred O. Dickinson, Jr. Governor Secretary of State Attorney General Comptroller Thomas D. O'Malley Floyd T. Christian Doyle Conner Treasurgr Commissioner of Education Commissioner of Agriculture JUL 18 1973 17 ma -W OF PROJECT " °`i'"r Sooch !.i nG of "ri+e+ North %z of G+oo'( Lo't, 9 SCGb• 19, T+.,ps. 31S, E¢/s£/r79 Rpm. 906., Indian Ridcr Couroty, x 1 /1%CI,fh6vrin5' Florida. G v IVar•Eh Lina of Appli,- -rte's property3— MGCv11,0 �QQ 1 a /".I#* Poet p I Sca.ua.N I n at o!/ad GT O i + YICINITY MAP * Gop,ed From, uscs s Mop . � �• // APPLICATIOM FOR PERMIT TO CONSTRUCT A INDIAN RIYER t. SEAWALL ALONG THE! HoREtINE GF THE v INDIAN( RIVER IN IRDIAN DIVER COURTY, o FLORIDA The seawall shall be placed east of the applicant's -McCvllers Core _.�•.. b west property line with exception of having to cross C - ` said property line to facilitate,,tieing into an ex- isting seawall at the southwest corner of applicant's -. Z� project. This will be doneas shown on Sheet 02. Tieing into an existing seawall at the northwest cor- VVes-& Line of Rpphcanfs Properi '��, ner of applicant's project will entail locating the C seawall within the applicant's property line but be- low the established 0.4 M.H.W.L. This will also be the case at the tie-in at the southwest corner. Note q Sheet 02 for correction methods. aIt \1` RPP hr -A0 IVia.y Cor,•, pony a JD, -A, we -r- X COS N.E. FirsE Strcet 3160/ • %Yp�cal SeawaJ/ Scc�ion �' n9 Alei9hhorin9 .n. a{ HPPlicanE� Propertr�- Scc� w �. // Legend -- Props+�'y Line CNis-tinj Ssa.wa!/ Beindor-F Rnd 91 XSOciQfes,/mac. ........................ Proposed Seo.W4�11 Consu/ting Engineers I/�ro Beach F/orad s� 31rf60 Gheet 0/ e F 0-1 JL 18 1973 -I Rubble or/c r✓ort/T i�ropsrE _G/nd O. ' ♦ II%l/r r'roperty RCina olacedf4;.d - �o. ' SouEh L,ne;o� 1-he of AE PorNt 8a/oaN00 o to G o ✓ t. (mat 9 To c'!. / 9 � �✓p. 32 5 � 0.9 17. M. G. /f ga°o° .��"' R. nJe 40 E. f»d/an. Qi✓er CD U,v't Sb°l/ 6¢tend Node Netc 5Qc carr B Fly. More Th. nSe, ��.0 Proposed 5�-wa.// S' Frb� SGawo.// A�/Csed% G.' M /nSfwl/ed !pro part/.G/ne A// /e✓ations S/roWrr ArG 12.4� �\ Re./ative'ro USCAS. PAA vrrrj \ fIL � ' � 1✓a3$ Property tin¢ 0.6 � 1 �Z j/EsE Property L/ns /��- �► ► � N . I u _�„�1 "i•i O.S' I a � V Reck kvbble W,//i.s Be P/acad At ' AU Other PC*.ces C I Po/nts tae /ow 0.9 � % / /, 11 Q /t Shall Ext --,,d Na More, Than 5" . Fro rya Doo I? -4.6'1,. m Senw.: H. !0,..f, d /I/ote Sdrctrov /4 '"---tea oj�a — �1-• ao�a \ Soy�/r f'�ro r Li►+e �a`b Pr•ePoseci Segura// ` � J o•% 3/ �crst/n� Sear�ao.!/ $aut/r P%nert�•L/na"'1 AP)MI-w icon For PGPmik 7-O Seo wo // Co,?s'6rvC1& A SocLsv--// Along na Shore line OF The 1"jran Section �q,� River, IndoanRruerCoom-ry, Florida. . App/tart Beirrdorf /lyd /ltroc/ates,/NG. - /`%a•y Lomyany , �p nsv/tjn y Fn ,.rPtrs Drma/err X La- At. C. Aj, SErsat ✓Cro BQaa/ir F"/or,da. J1 7�0 G/ei., nes v///ae r Florida. .316'0'/ Sheat OZo402 JUL 18 19-73 • Rubble or/c r✓ort/T i�ropsrE _G/nd O. ' ♦ II%l/r r'roperty RCina olacedf4;.d - �o. ' SouEh L,ne;o� 1-he of AE PorNt 8a/oaN00 o to G o ✓ t. (mat 9 To c'!. / 9 � �✓p. 32 5 � 0.9 17. M. G. /f ga°o° .��"' R. nJe 40 E. f»d/an. Qi✓er CD U,v't Sb°l/ 6¢tend Node Netc 5Qc carr B Fly. More Th. nSe, ��.0 Proposed 5�-wa.// S' Frb� SGawo.// A�/Csed% G.' M /nSfwl/ed !pro part/.G/ne A// /e✓ations S/roWrr ArG 12.4� �\ Re./ative'ro USCAS. PAA vrrrj \ fIL � ' � 1✓a3$ Property tin¢ 0.6 � 1 �Z j/EsE Property L/ns /��- �► ► � N . I u _�„�1 "i•i O.S' I a � V Reck kvbble W,//i.s Be P/acad At ' AU Other PC*.ces C I Po/nts tae /ow 0.9 � % / /, 11 Q /t Shall Ext --,,d Na More, Than 5" . Fro rya Doo I? -4.6'1,. m Senw.: H. !0,..f, d /I/ote Sdrctrov /4 '"---tea oj�a — �1-• ao�a \ Soy�/r f'�ro r Li►+e �a`b Pr•ePoseci Segura// ` � J o•% 3/ �crst/n� Sear�ao.!/ $aut/r P%nert�•L/na"'1 AP)MI-w icon For PGPmik 7-O Seo wo // Co,?s'6rvC1& A SocLsv--// Along na Shore line OF The 1"jran Section �q,� River, IndoanRruerCoom-ry, Florida. . App/tart Beirrdorf /lyd /ltroc/ates,/NG. - /`%a•y Lomyany , �p nsv/tjn y Fn ,.rPtrs Drma/err X La- At. C. Aj, SErsat ✓Cro BQaa/ir F"/or,da. J1 7�0 G/ei., nes v///ae r Florida. .316'0'/ Sheat OZo402 JUL 18 19-73 ON MOTION BY.COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT* THE BOARD UNANIMOUSLY AGREED THEY HAD NO OBJECTION TO THE PROPOSED CONSTRUCTION OF A SEAWALL_ OUTSIDE THE SHORELINE OF THE INDIAN RIVER IN INDIAN RIVER COUNTY, FLORIDA AS SHOWN IN PRECEDING "PLANNED DESIGN" AS SUBMITTED BY BEINDORF AND ASSOCIATES'*-. INC. THE ADMINISTRATOR INFORMED THE BOARD OF A NOTICE FROM THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS-OF A . REQUEST FROM THE CITY OF VERO BEACH TO CONSTRUCT A 16" SEWAGE FORCE MAIN AND A'16" WATER MAIN, 10 FEET APART, BOTH TO BE PLACED IN A COMMON DITCH, CROSSING THE INTRACOASTAL WATERWAY, INDIAN RIVER FROM 17TH STREET ALIGNMENT TO CAUSEWAY BLVD. AND TO THE DEPTH SHOWN ON THEIR DRAWING. THE SEWAGE FORCE MAIN IS TO TAKE SEWAGE TO AN EXISTING TREATMENT PLANT WHICH IS TO.BE UPGRADED. L.S. THOMAS, DEPUTY CLERK, LEFT THE MEETING AT 5:00 O'CLOCK P.M. COMMISSIONER DRITENBAS LEFT THE MEETING AT 5:10 O'CLOCK P.M. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE SAFSP PERMIT #73-0596 DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, FOR A PROPOSED SUBMARINE 16" FORCE MAIN AND.A 16" WATER MAIN ACROSS THE INDIAN RIVER AT VERO BEACH, FLORIDA AND AUTHORIZED A LETTER TO BE SENT ,TO THE DEPARTMENT OF THE ARMY WITH, A REQUEST THAT THEY COORDINATE THEIR PERMIT WITH THE DEPARTMENT OF TRANSPORTATION WITH REGARD TO A PROPOSED SECOND BRIDGE IN INDIAN RIVER COUNTY TO BE LOCATED AT APPROXIMATELY THE SAME LOCATION AS,MENTIONED ABOVE, THE ADMINISTRATOR INFORMED THE BOARD THAT HE WAS IN RECEIPT OF A CHECK FOR $5,000.00 FROM THE DEPARTMENT OF TRANSPORTATION WHICH IS THEIR SHARE OF THE COST OF THE URBAN MASS TRANSIT SHORT RANGEJECHNICAL TRANSIT STUDEY. COMMISSIONER DRITENBAS RETURNED TO THE MEETING AT 5:20 OICLOCK P.M. SERVE THE NEW VERO BEACH COMMUNITY THEATER AND AUDITORIUM. THE DEPARTMENT OF TRANSPORTATION APPROVED THE DESIGN AS PRESENTED ALL WORK WILL BE DONE .BY CITY AND.COUNTY FORCES: THE CITY TO SUPPLY LIMEROCK AND ASPHALT L AND THE COUNTY TO SUPPLY FILL AND GRADING. THIS PROPOSAL WILL BE PRESENTED TO THE CITY COUNCIL FOR THEIR FORMAL APPROVAL. I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY TO PARTICIPATE WITH THE CITY,IN CONSTRUCTION OF A HOLDING LANE ON BEACHLAND BLVD. (STATE ROAD SOZ) AND MEMORIAL DRIVE. THE HOUR OF 9:330 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: i �4 - ¢.4 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= rr NOTICE says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published NOTICE IS HEREBY GIVEN that at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being me Board of County Commissioners of Indian River County, Florida, will receive sealed bids to the hour of 9:3om., Wednesday, July Is, 1973, a _L Sz�1' -Z for tha.e following: TWO (2) New. 1973 Two Door 'Sedans In the matter of TWO (2) 1968 Chevrolet Nova _ Sedans will be traded in. INSTRUCTION TO BIDDERS: _ 1 specifications and bidding forms are t�L.a.G available at the office of the County Administrator, Room 115, Indian River County Courthouse, Vero in the Court, was pub- Beach, Florida, or will be mailed ori request. BOARD OF COUNTY COMMISSIONERS OF e fished In said newspaper in the issues of _ — INDIAN RIVER COUNTY, - FLORIDA r7 BY: Alma Lee LOy. — 7 Chairman June 24, July 1, 1973. Affiant rther says that the said Vero Beach Pi ecess-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. Swom to and subscribed before me this . ay of A.D.l2 — — ---^— (Business Manager) (SEAQ (Clerk a66 Circuit Court, Indian River County, Florida) THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BID WAS RECEIVED, OPENED AND READ: i ARNOLD FORD SALES, INC., VERO BEACH, FLORIDA 1973 (2) MAVERICKS - $3,039.72 EACH = $6,079.44 LESS TRADE—INS $25.00 TOTAL BID PRICE $5,254.44 ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE BID FROM ARNOLD FORD SALES, INC. FOR TWO -1973 MA VERICKS LESS.TRADE—INS)IN THE AMOUNT OF $5254.44 AS BEING THE BEST AND LOWEST PRICE MEETING SPECIFICIATIONS, -27- J L 18 1973' DOW 17 ?A .246 .- THE HOUR OF 9;30.0'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-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of in the Court was pub - lisped in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been 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. Swom to and subscribed before me this ---day of. ___ L A.D./ q 73 'qv� v (Business Manager) (Clerk the Circuit Court, Indian River County, Florida) (SEAL) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will receive sbaled bids to the hour of 9:30 a.m. on Wednesday, July 18, 1973, for sale to said County of the, personal property described below. Bids will be publicly*opened at this the regular meeting of the Board on said date In the County Com- missioner's Room, County Court House, Vero Beach, Florida. ITEM: One new, combination Pile Driver. and Soil Compactor Attachment for Hydraulic Ex- cavator. Bid forms, specifications and Instructions for bidders are available at the office of the County Administrator, Room 115, County Courthouse, or will be mailed on - request. Any bids received after 9:30 a.m., July 18, 1973, wiii be returned unopened. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Aima Lee Loy, Chairman June 24, July 1, 1973. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE. THERE WERE NONE AND THE COMBINATION PILE DRIVER AND SOIL COMPACTOR ATTACHMENT WILL BE READVERTISED. - -28- COQ 1 ` PACL247 L 18 197 Zii N� - COMMISSIONER MASSEY. INFORMED THE BOARD OF A SERIOUS DRAINAGE PROBLEM IN THE WEST WABASSO AREA.. THIS AREA HAS HAD DRAINAGE PROBLEMS FOR MANY YEARS,AND NOTHING HAS BEEN DONE TO SOLVE THIS SITUATION. THIS AREA IS LOCATED IN THE SEBASTIAN RIVER WATER MANAGEMENT DISTRICTo COMMISSIONER SIEBERT SUGGESTED.THAT WE IDENTIFY ALL THE AREAS THAT HAVE SERIOUS DRAi1IAGE PROBLEMS IN THE COUNTY AND WORK TOWARDS A SOLUTION~!' . ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR AND COMMISSIONER MASSEY TO INVESTIGATE' THIS PROBLEM AND PREPARE A REPORT INFORMING THE BOARD OF THEIR FINDINGS AND POSSIBLE SOLUTIONS TO THE PROBLEMS. A BUDGET MEETING WAS SCHEDULED FOR .JULY 19,.19%3, AT 7:30 O'CLOCK P.M. IN THE -COUNTY COMMISSION ROOM AT THE COURTHOUSE. THE BOARD DISCUSSED A BUS TRANSIT SYSTEM FOR THE COUNTY AND THE NEED TO ESTABLISH A.TRANSIT AUTHORITY IF A BUS TRANSIT SYSTEM IS IMPLEMENTED. THE BOARD REQUESTED TIME TO REVIEW THE MATERIALS THAT WERE SUBMITTED. CHAIRMAN LOY BROUGHT TO THE BOARDS ATTENTION THE NEED TO EMPLOY A LIFEGUARD FOR KIWANIS HOBART PARK. COMMISSIONER BOGOSIAN STATED THAT THE LAKE SHOULD BE CLOSED CERTAIN HOURS AND WHEN OPEN A LIFEGUARD SHOULD BE PRESENT AND THE SHERIFF`S DEPARTMENT PATROL THE AREA. THE ADMINISTRATOR RECOMMENDED THAT THE WHOLE PARK BE FENCED AND AN -ATTENDANT BE ON DUTY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO EMPLOY A LIFEGUARD AT KIWANIS HOBART PARK FOR WEEKENDS AND HOLIDAYS. IN THE EVENT THIS LIFEGUARD POSITION CANNOT BE FILLED, THE LAKE WILL BE CLOSED TO THE PUBLIC. _29_ JUL 18 197 17 pAv24 0 0 JUL 181973 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, 1038- 1094 INCLUSIVE; ROAD AND BRIDGE NOS. 0625 - 0654 INCLUSIVE; -FINE AND FORFEITURE FUND NOS. 0521 - 0528 INCLUSIVE: SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OFTHE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THELEGISLATIVE 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 6:50 O'CLOCK PM. ATTEST: LLf.*K -30- LHAIRMAN 17 -?Aa�.49 id