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Home My WebLink About8/22/1973• � 7r t . WEDNESDAY, AUGUST 22,'1973 - i THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER ` COUNTY FLORIDA ACTING AS THE BOARD OF SUPERVISORS OF THE ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT MET AT THE -COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, AUGUST 22, 1973 AT 11:40 O'CLOCK A.M. PRESENT WERE RICHARD P. BOGOSIAN, CHAIRMAN, EDWARD J. MASSEY, VICE CHAIRMAN, ALMA LEE Loy; WILLARD1. SIEBERT, JR.; AND .JACK U. DRITENBAS. ALSO PRESENT WERE PAUL D. BURCH, ATTORNEY TO THE BOARD OF SUPERVISORS ELIZABETH FORLANI, SECRETARY; L.S. THOMAS, FINANCE OFFICER. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF SEPTEMBER 6, NOVEMBER 22, AND DECEMBER 6, 1972, THERE WERE NONE AND ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT OF SEPTEMBER 6, NOVEMBER 22, AND DECEMBER 6. 1972 AS WRITTEN. t - 7 - A.UG 2197 ,- eoox 1e7 PAGe•354 1 ( DEPUTY CLERK READ THE FOLLOWING NOTICE WIYH PROOF OF { PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS40URNAL 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 NOTICE says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published the NOTBoaICE IS HEREBY County Commission s at EN that Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being the Indian River County,actingmmis Commissioners as the Board of Supervisors of "The Rock • Ridge Subdivision Street Lighting a District; ' will hold a public hearing at 11:30 A.M. on August 22. 1973, in • the Indian River County courthouse ton18tt@t• Of - _ , �;� In Vero Beach, Florida. - on the ft adoption of the 1973.1974 budget for; said District. The Rock Ridge Subdivision oc gat Street Lighting District By: Richard Bogosian, L Chairman in the Court, was pub- Board Of Supervisors i i Bshed in said newspaper in the issues of Affiant further says that the id 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 i 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 i corporation, any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this ay Of A.D.L1 (Buslnilm Manager) , I r 9an� Klerk of tits Circuit ndiRiver County, Florida) (SEAL) THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO I' I BE HEARD. THERE WERE NONE AND ON MOTION BY COMMISSIONER I 1 SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. } •$-- e o V PAA55 AUG 2 21973 �' : Whereas, the Board of Supervisors of the Rock Ridge Subdivision Street Lighting District have held a public hearing on August 22, 1973'for the purpose of adopting a budget for the district for 1973-1974, and Whereas, the hearing was noticed by publication and the needs -of the district discussed in open forum, Now Therefore Be It Resolved by the Board of Supervisors of the Rock Ridge Subdivision Street Light- ing District that the following budget is adopted for 1973-1974. ESTIMATED EXPENSES Operating g Costs Electric': cost $ 826.56 Replacement cost 523.44 10% Contingency Fund 150.00 TOTAL ESTIMATED EXPENSES $1500.00 The millage rate shall be set accordingly when the Indian River County, Florida, Tax Assessor's assessment roll for 1973 have been approved. Adopted August 22, 1973. Chairman, Rock Ridge Subdivision Street Lighting District - 9 - eoox 7 PAA56 AUG 221973 r i THE ATTORNEY'INFORMED THE BOARD THAT THE AGREEMENT BETWEEN THE CITY OF VERO BEACH AND THE ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT TO SUPPLY 17 STREET LIGHTS HAS NOT BEEN MET. ROCK RIDGE HAS RECEIVED INSTALLATION OF 5 STREET LIGHTS AND THERE ARE STILL 12 MORE TO BE INSTALLED. THE ROCK i RIDGE SUBDIVISION STREET LIGHTING DISTRICT COMMITTEE WOULD i LIKE THIS BOARD TO TAKE OFFICIAL ACTION:IN ORDER TO GET THESE t 12 STREET LIGHTS INSTALLED. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARDUNANIMOUSLY AUTHORIZED THE ATTORNEY -TO -CONTACT THE CITY MANAGER JOHN V. LITTLE AND EXPLAIN THIS SITUATION AND ASK HIS COOPERATION IN GETTING THE ROCK -RIDGE SUBDIVISION STREET LIGHTING DISTRICT THEIR -F 12 STREET LIGHTS INSTALLED. THIS AGREEMENT W-ITH THE CITY OF VERO BEACH WAS APPROVED DECEMBER 20, 1972. i THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD OF SUPERVISORS OF THE -ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT ADJOURNED AT 12:OO O'CLOCK NOON. • 10 - BOOK 17 PAGEi)57 f AUG 2 2 1973 ig THE BOARD OF -COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA RECONVENED AT 12:00 O'CLOCK NOON WITH -THE SAME MEMBERS PRESENT, COMMISSIONER BOGOSIAN MADE THE FOLLOWING STATEMENT AND REQUESTED IT BE MADE A PART OF THESE MINUTES: "IN VIEW OF THE FACT THAT AT 1:30 O'CLOCK P.M. TODAY, THE BOARD PROPOSES TO HAVE PUBLIC HEARINGS REGARDING LAMESA, INC. ON DEVELOPMENT OF REGIONAL IMPACT ,AND ON A ZONING CHANGE, AND BECAUSE OF THE FACT THAT I HAVE A PERSONAL INTEREST IN THOSE HEARINGS, I THINK IT WOULD BE APPROPRIATE THAT I DO NOT RETURN AND BE PRESENT AS A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS AT THESE HEARINGS. IF I WERE PRESENT AT THESE PUBLIC HEARINGS, I WOULD ABSTAIN FROM VOTING BECAUSE OF MY PERSONAL INTEREST, ALSO I HAVE SUBMITTED TO THE BOARD AN AFFIDAVIT WHICH WAS PREVIOUSLY FILED WITH THE CLERK OF THE CIRCUIT COURT DISCLOSING THE EXTENT OF MY INTEREST IN THAT CORPORATION." THE FOLLOWING AFFIDAVIT IS HEREBY BEING MADE A PART OF THESE MINUTES. h fag jij8 a F1 I-ED AUG 71�I3 v v AFFIDAVIT >zA�rtt t1.4R1.1S. x ., t`a• i,IN RtVEit RK r . ' S'K'ATE OF FLORIOA COUNTY OF INDIAN RIVER -rsonall appeared Before me, the undersigned authority, pe Y PPe , k �.1 Richard. P: Bogosian of 3080 Nassau Drive, Vero Beach, Florida, who r says. h s to Florida Statutes Chapter 112.313 r 1. This affidavit is given pursuant standards of conduct for officers and employees of state provides ->vyhicb a cities and other political subdivision, legislators and agencies, counties, legislative employees. Thatt am a duly elected County Commissioner of Indian River s k Florida and that in addition to my duties as a County Commissioner a County. the Florida Bar and engage in the private practice of law I arae member of ,That tam now and have been the Secretary of LAMESA, INC., a Florida corporation in good standing which corporation owns an option to the land described on the deed attached hereto as exhibit purchase said land now:being owned by Robert A. Cairns, Trustee. That the 4 4'.. authorized carp ital stock of LAMESA, INC. is one hundred (100) shares) ten..{10) shares of the issued and outstanding of.which t own in my own name shares with ten (10) shares not having been issued by the F :ninety,(90) ' corporation. ` intends to pufchase said land pursuant to said INC. • - : :; 4. That LAMESA, , a option on September 7, 1973 and to develope said land into a golf course residential development and in order to implement said plans community • to the Indian River County Planning and Zoning Board for certain has applied with the plans as submitted to zoning changes in said land in accordance -said. Board. _ .That if said Board approves or disapproves said zoning changes be referred to the Board of County Commissioners for said decision will. final change at which time the affiant proposes to action on said zoning abstain from voting because of the above conflict of interest. 197. a2' i, c7 P. ECGOSIAX and subscribed before me this y day of ... h". r. • g; Sworn to N7—J iiV EY Xr LAW ' 4=t0 TNC'1: i.Pi:t4T iTRPsr • vtM10 EEACK FLORIDA "'''�L l- Pu c, tate o lorida at Large otar Bogosian Y_ 3 Richard . .. _ ;- My comm. expires: SPATE of neRIDA at'J"t 15, 1977 (Seal)i01N "i EXPIRES MPR. MISS ken InVIT3 - ' 6d1ed 87 American 8rt• b' PP •+4j1q�. u�yQ�y P a 7d•S�.+s+�+^iF'M.��r'tgt•�' �; y' •K im{m �� i.., y .fi .i9.f - 6 - �----+.-.....—.+.—p,.; r r ,••/ F tri � g) KE3 k r�•-S i ., 1• ; �. mA d r l9- / �'�' iJ ' • TRUST NoAA-JZ V-57; , :, 5 ftd• I� ruo fn roe e Oueb ,F FI �t a it'tb ntur�, made thii' ' 2nd day of__,__F_4X9AM batween CENTRAL BANK AND TRUST COMPANY, Miami, Florida, a banking corporation orga- . .. ni; ed under the laws of.'the State of.Florida and duly authorized to accept and execute trusts within the State of Florida, as trustee under. the provisions of a deed or deeds in trust duly recorded and de- IPaered to said company in pursuance of;a trust agreement dated the 76th day of r Auszust , 19 68 , and known as Trust Number -6g -1.T -%n_575 ,party of _ i e .first part, and 'Robert A:' Cairns, as Trustee I oforlandoi Florida ' party of the second part. WITNESSETH, tF�at 'said party.of the first part, in consideration of the sum of -------------- --------- --------- - "T (10 -- - ' - Dollars, and other good and valuable considera. ticns in hand paid, does hereby grant; sell and convey unto said party of the second part, the following described real estate; situated In Indian River County, Florida, fa-wii• • T PA.P.CE[; 1•' i Tr4et:, l7, is "tile 'S 1/2, of Section 9, ' township` 32 Sauth,; Range 39 East. t d. PARCEL Z Tract i8, andVTracts 21 to 32 inclusite, r fes" the' :S 3/2 0£ Section 91 Township 32 z South, Range 39 East.. #�5 PARCEL 3 __ Tracts"k; and 5. (Savannah) (less Canal) in .71 Section 15,,;Township 32 South, Range 39 E.1st.,' PARCEL* The Nui lj4 and the: NE 1/4, of Section 16, k in' 70wnship 132 South, Range 39 East. > . PAitCEI. 5 'That part of the E 1/Z of the SW 1%4,' of } Section`15, lying North of the North Relie.' Canal :(I too- Canal);. in Section 15, Township.32 So•cth, Range 39 East.' together with the tenements and. appurtenances !hereunto belonging. TO HAVE AND TO HOLD the same unto said party of the --ccmd ' p ty part, and to the proper use; . *h; benefit and behoof fofever of said party of the second part, y t CI J'ECT ID: .ta i.,existiag encumbrances, easements, couditiuiis, restrictions, reservc-,tiona I and limitations of recordr'lall applicable zoning ord-Inaaaes, and unpaid " texas, if any. f ALSO SUBJECT TO:'{ w - a•- s That- 'c a *ta:Ln purchase' � � . rrea'ta gi ren to secure f a p;omissoiy note Lu. -,.the principal x f Exhibit Ill,. 3 e • „..LLa G. .i-•'l� Tf *� 5 T; ,., Y d y?; q - k y f. This deed is executed pursuant to and in the exercise of the power and authority granted to and s ves`.ed in said trustee by the terms -of said. deed or deeds in trust delivered to said trustee in pursuance of the trust agreement above mentioned, This deed is made subject to the lien of every trust deed or r rrtgage (if any there bei. of record iri said county given to secure the payment of money, and -remain - in:; cinrcleascd at .the date of the delivery hereof. �•` , �;1::; r. IN WITNESS THEPEOF� said par of the first part has caused its corporate .soap tq wbe'hereta af"xcd, and has cay,sed,its"name to b ;signed to these presents by its Trust Officer;aCo attested b'y itr Vic,' Pa�siCent, t%d day and year first above written. ;�_N (•�- -: /4� TRALBANK AND TRII$YCOMPANY ~= ` A:: est • /` As Trusteea Aforesaid; { Assistant Vito"P► ident tu L `L L:rl,'•% r•d Senior Vice President. & Se for Loan W hear Signed, scaled and delriyered in the presence of: -irk r,.ta�•.t�p'�-w7:Eoid�* Fr•AN�>i.`„ ey �ns°t=: },.,til , AUG 22 1973 This instrument prepared`by: Edward Mikrut, Senior Vice President Central nanj: & Trust 1313 N.W. 36th Street �! �••••'��- ti--•+- -j Mi4.11-1•i113 F �,ori�ia eac� 428 it '-IS I Book 17 mE360 s THE.BOARD THEN ADJOURNED AT 12:05 O'CLOCK P.M. AND RECONVENED AT 1:30 O'CLOCK P.M. COMMISSIONER BOGOSIAN DID NOT RETURN TO THE MEETING. COMMISSIONER DRITENBAS INFORMED THE BOARD THAT HE WOULD LIKE THE MINUTES TO REFLECT THAT HE FILED WITH THE CLERK OF CIRCUIT COURT AN AFFIDAVIT DISCLOSINGHISINTEREST AS A STOCK- HOLDER IN THE LAMESA, INC. CORPORATION AND THAT HE WILL ABSTAIN FROM PARTICIPATING IN DISCUSSION OR VOTING G ON THE DEVELOPMENT OF REGIONAL IMPACT OR THE REQUEST FOR A ZONING CHANGE, THE FOLLOWING AFFIDAVIT IS HEREBY BEING MADE A PART OF THESE MINUTES, AUG 2 2 1973 14 - 1T_p_Aq-361 mm • AUG 22 1973 FILED AFFIDAVIT w;i 7 IM RALI'HIHARRIS. CLERK STATE OF FLORIDA (: TN"'Y IND N R ..PL . B ERA COUNTY OF INDIAN RIVER Before me, the undersigned authority, personally appeared JACK DRITENBAS of Indian River County, State of Florida, who says: .1' This affidavit is given pursuant to Florida Statutes Section 112.313 wbich'provide s standards of conduct for officers and employees of state agencies, counties, cities and other political subdivision, legislators and legislative employees. 2. That I am a duly elected County Commissioner of Indian River :-.,County, Florida and that in addition to my duties as a County Commissioner -fairi-a'k6neral contractor engaged in the construction business in Indian kRlver County Florida. I am now and have been a director of LAMESA, INC., a :Florida -corporation in good standing which corporation owns an option to ''purchase the land described on the deed attached hereto as exhibit "I", said iandnow being owned by Robert A. Cairns, Trustee. That the --auifi6rized capital stock of LAMESA, INC. is one hundred (100) shares of wb�lichf own in my own name ten (10) shares of the issued and outstanding ._.;*nety'(9Q)'shares with ten (10) shares not having been issued by the corporation. ILAMESA, INC., intends to purchase said land pursuant to said Vption on September 7, 1973 and to develope sqLid land into a golf course community residential development and in order to implement said plans ha - s.'applIed to the Indian River County Planning and Zoning Board for certain zoning changes in said land in accordance with the plans as submitted to said Board. That if said Board approves or disapproves said zoning changes, said decision will be referred to the Board of County Commissioners for final action on said zoning change at which time the affiant proposes to 'abstain from voting because of the above conflict of interest. Au 6-, $worn to and subscribed before me this day of 7M, 1973. Qi a-c- k-Di—ite n1a s -PotaryI ic, tate ofFlorida at Large Mf commission expires: IffiWof FLORIDA et LARGE (RIfft, STATE My COMMISSION EXPIRES MAR. 15. 1977 Bonded OV Amefirall "'I'M ane gout, _17 P'W362 rr wn,. 7 7 TRUST No.AL 57i A. k�Cr 14" u5t, mgreemellt= n1ceb made' C U _thi.sL_2nd .�day of—_2_0JAMXY, 1 ya__, bet can CENTRAL BANK AND, TRUST COMPANY, Miami, Florida, a banking corporation orga- nizcd under the laws of the State of. Florida and duly authorized to accept and execute trusts within, tine State of Florida; as trustee, undie the provisions of a deed or deeds in trust duly recorded and de. 1;rarcd to said company in pursuance of a trust agreement dated the 16th day of 7 August and known as Trust Number, 158 -LT -10-5175 party of the first part, and `' nobert. A. Cairns. as Trustee of. Orlando Florida —party of the -second part. -- WITNESSETH,. that said:pactyof,the first part, In consideration of the sum of ----------- Dollars, and other good and valuable considera- tions in hand pald,'does hereby granto sell and convey unto said party of the second part, the following described real estate, situated in -Indian River -County, Florida, to -wit: PARCEL I Tract 17,in'.� the'- 5 1/2's of Section 9,, 4 Tol 1friship.12'Southp Ran e 39 East. PARCEL '1--4fqdtlfli-.'And! Tracts 21 to 32 inclusive i, in- the - S -1/2 of Section '9, Township 32 4. "".Southi,'Range :39. East. PARCEL 333: Tiacts t4 end .5 f (Savannah) (less Canal) in 32 South, Range 39 East. 4 PARCEL 4 7, 'The NW 1/4:;and the NE 1/4, of Section 16, 4 '.Township'32 South, Range 39 East. PA rCEL3:.That part of'.the E 1/2 of the SW 1/4, of Section 15, _'lying North of the North iwlie.' Canal (less Canal) 'Ln,*Section 150 Township 32 So-tth, Range 39 East. Nether with the tenements and appurtenances thereunto belonging. TO HANE AND TO' H&D`ihe�s'arne unto said party of the !.ccond part, and to the proper u benefit and behoof forever -of said party of the second part. S'J1JECT To. All existing encumbrances, easements, conditiuits, restriC tionsi, reservc.ttons! ar4 limita "tions of.record; all' -applicable zoning ordinances, and unpaid tayes, if any,i:s, TSO SUWECT TD, That. - certain purchase money first mortga:,,o gi-ten to secure a r promissory -'notiin the."Orincipal a= of $510,006.00. -7 Exhibit 'T' 7 This.deed is executed pursuant to and In the exercise of the power and authority granted to and vetted in said trustee by theterms of said deed or.cleeds in trust delivered to said trustee in pursuance of the trust agreement above mentioned. This deed is made subject to the lien of every trust deed or mortgage (if any there be) of record in said county given to secure the payment of money, and -remain- unreleased at . the date of.. the ,delivery here . of. . . IN WITNESS THEREOF' said part of the first part has caused its corporate seal' tq6c• hereto THEREOF, ;t affi; Fd, and has ciVsed its name. tosigned to, these presents by its Trust Officer:ipo attested by its! ab Vit�o day an yece ikcesidunt, d at firstst above written. ICE TRAL BANK AND TRI&COWANY cy'As a WZ,nwsw,4, /YD- e At est: By: Senior Vice President!& Se for Loan'officer Si,ned% tealed and deliyired in the presence of: L 1 te IL lsve Ir > his instrurn.ept Edward Mikrut, Central Bank 36th Florida AUG 2 2 1973 prepared 'by: Senior Vice President Trust Street F ArK ... 428 =:'F .N '17 PaE363 DAVID ROBINSON, ARCHITECT, MADE A PRESENTATION OF INDIAN RIVER TRAILS BEING DEVELOPED BY LAMESA, INC. INDIAN RIVER TRAILS IS LOCATED ON THE NORTH BY SOUTH WINTER BEACH ROAD, ON THE WEST BY KINGS HIGHWAY AND ON THE SOUTH BY STORM GROVE ROAD. — 17 - AUG 2 21973 o� 17 TW364 • Y 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: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida _ NOTICE NOTICE IS HEREBY GIVEN that COUNTY OF INDIAN RIVER: the Board of County Commissioners of Indian River County will, on STATE OF FLORIDA August 22, 1973 at 1:30 P. M., in the Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath County Commission Room of the Indian. River County Courthouse, says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published hold a hearing to compliance copy g at Vero Beach in Indian River County, Florida; that the attached c of advertisement, being vetch Florida Statute .380.06 on a development of 'regional impact filed by LaMesa, .Inc., 99 Royal Plam Boulevard, Vero Beach, Florida on property located in In. than River County, as follows: In the matter of u PARCEL 1 , - Tract 17, in the S 1h of Section 9, Township 32 South, Range 39 East. ' in the Court, was pub- PARCEL2 Tract 18 and Tracts 21 to 32 inclusive, in the S 1h of Section 9, Township 32 South, Range 39 East. lished in said newspaper in the issues of PARCEL3 Tracts 4 and 5 (Savannah) (less Canal) inru 15, Township 32 South, Range 39 East. Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at PARCEI,4 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 The NW V4 and the NE V, of Section 16, in Township 32 South, as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Range 39 East. for a period of one year next preceeding the first publication of the attached copy of adver- PARCELS 11sement; and affiant further says that he has neither paid nor promised any person, firm or orporation any discount, rebate, commission or refund for the purpose of severing this adver- That part of the E I/W the SW 14 of Section 15, lying North of the tisement for publication in the said newspaper. North Relief Canal (less canal) t, A.D. Swom to and subscribed before me his y f/�/J��A - In Section 15, Township 32 South, Range 39 East. BOARD OF COUNTY !/w,a�~`» COMMISSIONERS rk�ly C/'� 1 By: Alma Lee Loy, (Business Manager) Chairman July 22, 1973. If (Clerk Of the Circuit Court, Indian River County, Florida) (SEAL) . j i DAVID ROBINSON, ARCHITECT, MADE A PRESENTATION OF INDIAN RIVER TRAILS BEING DEVELOPED BY LAMESA, INC. INDIAN RIVER TRAILS IS LOCATED ON THE NORTH BY SOUTH WINTER BEACH ROAD, ON THE WEST BY KINGS HIGHWAY AND ON THE SOUTH BY STORM GROVE ROAD. — 17 - AUG 2 21973 o� 17 TW364 • Y A14 2 21973 THE CHAIRMAN•STATED THAT STEPHEN STINE. GENERAL PLANNER WITH THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL WAS PRESENT TODAY TO SPEAK ON THIS LAMESA INC.,PROJECT IN REGARD TO THEIR APPLICATION FOR APPROVAL OF DEVELOPMENT OF REGIONAL IMPACT. MR. STINE INFORMED THE BOARD THAT AFTER REVIEWING THIS:`DEVELOPMENT OF REGIONAL IMPACT APPLICATION H:IS OFFICE RECOMMENDED APPROVAL OF THIS PROJECT WITH THE FOLLOWING MODIFICATIONS. 1. WITH THE COMPLETION OF THIS PROJECT, STATE ROAD 505A MAY BE INADEQUATE AND MR. STINE RECOMMENDS NOTIFYING THE DEPARTMENT OF TRANSPORTATION TO PLAN ON WIDENING THIS ROAD TO FOUR LANES.' Z. FIRE PROTECTION SHOULD BE MADE AVAILABLE FOR THIS PROJECT. THE NEAREST FIRE STATION IS APPROXIMATELY 5 MINUTES DRIVING TIME FROM THE PROJECT. COMMISSIONER SIEBERT STATED THAT THERE IS A FEASIBILITY STUDY NOW UNDERWAY REGARDING A COUNTYWIDE FIRE DEPARTMENT. MR. STINE INFORMED THE BOARD THAT THE ABOVE RECOMMENDATIONS WILL BE PRESENTED TO THE PLANNING COUNCIL AND FINAL APPROVAL WILL COME FROM THEM. CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD. .JEROME KRAMER. REPRESENTING THE VERO BEACH ASSOCIATION APPEARED REQUESTING TO BE HEARD. MR. KRAMER STATED THAT HE WOULD OBJECT TO THE BOARD MAKING A DECISION ON THIS DEVELOPMENT OF REGIONAL IMPACT WITHOUT FINAL APPROVAL FROM THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL. ATTORNEY BURCH INFORMED THE BOARD THAT THEY WERE WITHIN THE LAW TO MAKE THIS DECISION BASED ON THE REPORT SUBMITTED BY STEPHEN STINE-AS 30 DAYS HAD PASSED SINCE.THE SUBMISSION OF THE DEPARTMENT OF REGIONAL IMPACT APPLICATION TO THE REGIONAL PLANNING COUNCIL. —18-- 1 _ e 8Box V PAGE . k' AUG 22 i9?3 COMMISSIONER SIEBERT ASKED MR. KRAMER IF HE HAD ANY OBJECTION TO THE PROJECT ITSELF, MR. KRAMER SAID HE HAD W NO OBJECTION IT WAS A BEAUTIFUL PROJECT, BUT HE OBJECTED TO THE BOARD MAKING A DECISION BASED ON THE INFORMATION PRESENTED TODAY, AS IN HIS OPINION, IT IS INCOMPLETE AND AND HE ALSO OBJECTED TO THE FACT THAT THE'MASTER PLAN IS NOT COMPLETED AND WE DO NOT KNOW IF THIS PROJECT CONFORMS TO THE PLAN. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN Loy VOTED IN FAVOR, THE BOARD UNANIMOUSLY APPROVED THE DEVELOPMENT OF REGIONAL IMPACT AS FILED BY LAMESA, INC. FOR THEIR PROJECT, INDIAN RIVER TRAILS. 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: - 19 - eflo� 17 PAGE 66. — NOTICE NOTICE IS HEREBY GIVEN that the Commission of Indian VERO BEACH PRESS-JOURNAL Riverr County, Florida. has made its County, preliminary report recommending the following changes and additions Published Weekly 10 the Zoning Ordnance of Indian Rive' County. Florida, which said Vero Beach, Indian River Coun Florida �r changes and additions are sub- atantiallyas follows: 1. That the Zoning Map be changed In order that the following ' described property situated n In- COUNTY OF INDIAN RIVER: it' than River County, Florida, to-wit: STATE OF FLORIDA Commencing at the NW corner of Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Section 15, Township 32-South, Range 39-East, Indian River County,. r published says that he is Business Manager of the Vero Beach Press-Journal, a weekly newspape pu Florida; that the attached copy of advertisement, being Florida; thence Easterly along the Section at Vero Beach in Inthan River County, Northerly boundary of said - i 15 to the Westerlyrightofwaylineof a 160' wide Lateral "G" Canal, this . being the POINT OF BEGINNING; a thence N 3ldegrees,SSI 36" W, along said right of way line 415'; thence S ° 67 degrees, 30' ro" W 380'; thence N in the matter of - ]�� 36 degrees. 30 00 W, 770'; thence N 83 degrees. 20' 00" W, 375'; thence S 79 degrees, 30' 00" W, 850'; thence S S 19 degrees, 00' 00" W, 530': thence N 59 degrees. 00' 00" E 100'; thence 64 degree, 00' 00" E. 725'; thence S to the Court, was pub- 87 degrees, 25' 00" E, 685'; thence S OS degrees, DO' 00" E, 100'; thence S 75 degrees, 30' 00" W, 900'; thence S j A degrees, 00' 00" W. 575'; thence S lisped in said newspaper in the issues of 19 degrees, 45' O(W, 130'; thence S 50 degrees, 40' 00" E, 700'; thence S 78 degrees, 30' OW" E,6110'; thence N 14 degrees, 00' OW" E, 600'; thence N - 80 degrees, 00' 00" E, 930'; thence Northeasterly to the POINT OF. Affiant further says that the said Vero Beac Press-Journal is a newspaper published at that the said newspaper has heretofore BEGINNING. Be changed from Ra Single Vero Beach, in said Indian River County, and in published in said Indian River County, Florida, weekly and has been entered been Family District to R-2 Multiple District. eBeach as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida the attached copy of adver- Family at the SW comer of for a period of one year next preceeding the first publication of he has neither paid nor promised any person, firm or the NW Ili fCommenciction 15, Township 32 River tisement; and affiant further says that corporation any discount, rebate, commission or refund for the purpose of securing this adver- South, Range 39-East, Indian County, Florida; thence Easterly tlsement for publication in the said newspaper. along the Southerly boundary of said NW +A to the Westerly right of way (� ��} line of a 160' wide Lateral "G" Sworn to and subscribed before the this - 7 Jay A.D.92-1 Canal; thence N 31 degrees, 55. 3611 %L W along said Westerly right of way �1 line 1510' to the POINT OF BEGINNING; thence continuing N' (Business Manager) 31 degrees. 55' 361' W. 940'; thence S 52 degree. 00' 00" W, 590'; thence S 32 degrees. 00' 00" E, 550'; thence Southeasterly to the POINT OF (Clerk of the Circuit Court, Indian River County, Florida) BEGINNING. (SEAL) Be changed from R-1 Single Family District to C-1 Commercial District. . Commencing at the SW comer of the NW IA of Section 15, Township 32- South, Range 39-East, Indian River I County, Florida; thence Easterly - - t -along the Southerly boundary of said - - -" !. NW IA to the Westerly right of way - T .line of a 1601 wide r-a lG . N 31 degrees, 55' 36'1 Cal; thence Canal, W along said Westerly right of way POINT OF line 200' to the thence continuing N BEGINNING; 31 degrees, 55' 36" W, 11801; thence S 60 degrees, 00' 00" W, 565'; thence S 17 degrees, a E,POINThenOcF Easterlyeth BEGINNING. R.1 Single ' Be changed from Family District to R-2 Multiple Family District. commencing at the NE corner of o- Section 16, ip 32-South, P, 39 East, River County, Florida; thence Westerlyalong Northerly boundary of said Section POINT OF 16, 3474.50' to the BEGINNING; thence N 50 degrees, i 30+ 00" W, 580'; thence S 62 degrees, W. 520'; thence S 03 degrees. 31)• 001' 43'O0" W, 160'; thence S 74 degrees, 930'; I0'•, ' - - OW W, C'; thence N 68 degrees, 45' W„ E. 445'; thence N 24 degrees. E. 9151; thence N 13 degrees. 30' 00" 00, W, 701; thence Northwesterly lPOINT - t0 the,OF BEGINNING. Be changed 21u Family District oR Mlt ple - Fanny District. Commencing at the SW corner of ' the NW V4of Section 15, Township 32- South, Range 39-East, Indian River y 4 County, Florida; thence Easterly Southerly boundary of paid 5 + - along the NW V4 to the Westerly right of way line of a 160' wide Lateral "G" Canal, this being the POINT OF + BEGINNING; thence S 31 degrees. _ 55' 36" E, along said Westerly right line 90' more or less; thence S _ . Of way 20 degrees, 15' 36" E, along said Westerly right of way line Ilao'more e1. less; thence S 00 degrees. 00' W' • or E,250',moreorless tothe Northerly line of the NORTH right of way RELIEF CANAL, right of way being 2O0' wide; thence N 85 degrees. 50' 23" W. along said Northerly right of 1410' moreor less; thence N way line 02 degrees, 05' 401' E. 1475'; thence S 83 degrees, 30' 00" E. 800' to the oine f wide LWesterlateraht l G Y thence Southeasterly alongsaid right of POINT OF way tine to the BEGINNING. BB changed from R-1 Single e C•1 Commeraal Family District to District. A public hearing In relation thereto a< which parties In interest and citizens shall have an op pprtunity to be heard will be held by •• of County mmisslonj?rs . . ofeindiald Rive County, Florida, in Ission ROOM, an the Com County Cc thous,, VeroBeach, Florida, August 22, 1973, at 1<30 , AUGS �i �• g�o,� 39l � P.M.. after which said public hearing, said board will take ac+ion thereon with respect to any ij y DAri / 1 f7L i wv in zoning of sa.d aNve changes described property or any lesser or a in the vicinity of said �r greater are property or pertaining to sold >> . hanges as shall appear proPev Board of Coiinly oners Commissioners By. Alma Lee Loy. _a DAVID ROBINSON, ARCHITECT MADE A PRESENTATION OF INDIAN RIVER TRAILS BY LAMESA, INC. AND DESCRIBED THE AREAS THAT ARE INVOLVED IN THE REQUEST FOR THIS ZONING CHANGE. DEWEY WALKER. ZONING DIRECTOR, INFORMED THE BOARD THAT THE ZONING COMMISSION APPROVED THE ZONING CHANGE AT THEIR MEETING ON .JULY 26, 1973. CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD. JEROME KRAMER REPRESENTING THE VERO BEACH ASSOCIATION APPEARED AND REQUESTED THAT THE FOLLOWING "COMPLAINT" FILED BY THE VERO BEACH ASSOCIATION, INC. AGAINST INDIAN RIVER COUNTY, FLORIDA BE MADE A PART OF THESE MINUTES. _ 1 ,AUG 2 2197'3 -.21 — IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUN'7TY, FLORIDA. CASE NO. / 3 " GSL 7- 3 JEROME F. KRAMER, ARTHUR S. FRIEND, JOHN R. WEST, RALPH W. EDMISTON, LLOYD E. BERNEGGER, THOMAS J. TIERNEY and GORDON S. GILMORE, on behalf of themselves.as residents and taxpayers of Indian River County, and on behalf of the members of the Vero Beach Association, Inc., who are similarly situated, -and further on behalf of all other taxpayers of Indian River County similarly situated, and BURTON A. FARAONE, W. ROSS CHAPMAN, RODNEY M. GOETCHIUS and HEPBURN WALKER, on behalf of themselves.as residents and taxpayer of Indian River County, and further on . behalf of all other taxpayers of Indian River County similarly situated, Plaintiffs, -vs- INDIAN RIVER COUNTY, FLORIDA, Defendant. COMPLAINT COME NOW the plaintiffs, JEROME F. KRAMER,= T�' '_ ..: _ : FRIEND, JOHN R. WEST, RALPH W. EDMISTON,,LLOYD E. BERNEGGL,_-'LS J. TIERNEY, GORDON S. GILMORE, BURTON A. FARAONE, W. ROSS CHAPR--"d, R,.DNZY M. GOETCHIUS and HEPBURN WALKER, who bring this action on behalf of themselves and all others similarly situated and stage and allege. as follows: COUNT I Plaintiffs sue the defendant and allege: (1) This is an action for a temporary and perma-.::at injunction. (2) The right sought to be enforced by this action is one of joint interest within the meaning of Florida Rules of Civil Procedures 1.220 to all persons who are taxpayers of Indian River County, Florida. (3) The persons constituting the class described above are so numerous as to make it impractical to place them all before the Court. (4) On or about August 7, 1968, the defendant, INDIAN RIVER COUNTY, FLORIDA, initiated what was called the "City Planning Authority", 22 r G 2 21973 1 k� . '7 g . eoox PacE369 and agreed to work jointly with the City of Vero Beach, Florida, and.agreed further to expend County funds and to procure Federal funds toward the preparation of a comprehensive plan affecting Indian River County and the City of Vero Beach, Florida. (5) On January 20, 1971, the defendant did e4act,Resolution No. 71-3 which pro7ided, among other things, for the authorization of the "Vero Beach`glndian River County Planning Commission" and further authorized the application for Federal planning assistance i grants and .the entering into of a contract by the defendant with the State and.Federal governments to grant a comprehensive plan.. (6) That from or after. January 20, 1971, defendant has expended local and Federal tax revenues in excess of at least $50,000.00 for the purposes of developing a master plan to control growth in Indian River County, Florida. (7) On or about September of 1972, the planning consultants, Adley & Associates, presented a multi -volume "Indian River Land Use Plan", containing, among other things, three (3) alternative pro- posals based on low, medium or high densities for the zoning of Indian River County, Florida. (8) That from and after September of 1972, nw.;e=ous workshop sessions were held by elected and appointed officials of the City and.County for the avowed purpose of arriving at a final compre- hensive master plan incorporating all or some of the recommendations of the aforesaid planning consultants to be presented at public hearings for acceptance in whole or in part by the interested electorate and taxpayers of the City and County, but that no such public hearings have yet been scheduled even though the joint City and County planner has publicly reported that such a proposal was completed by June 30, 1973, under the terms'of the funding agreements between the City and j County and the State of Florida. AVG 22 '119f73 Page Two. - 23 - 44, FOK 7 ': �,- `�lu Y' (9) That the Indian River County Board of County Commis- sioners met on December 20, 1972, during which meeting defendant's -- planner, Val Brennan, reported that the Vero Beach -Indian River County Planning Commission recommended that a map of the compre- hensive land use master plan be published in the local newspaper For the purpose of informing the public as to the proposals made and recommended before the public hearing was held; that the Board of County Commissioners authorized Mr. Brennan to proceed with said recommendations, including a two-page advertisement in the local newspaper and to print 2,000 copies of the plan resulting from the final public hearing at a cost to the County not to exceed $2,500.00. (10) That from and after January 20, 1972, defendant, by and through its County Commission, has repeatedly ir_dicated its intent to promptly arrive at and hold public hearings for adoption of a comprehensive master plan; that, in fact, various rezoning applica- tions were deferred on the basis that said applications :could be considered subsequent to the adoption of said master plan. (11) That plaintiffs, the members of the Vero*Beach Associa- tion, by and through its Board of Directors and other taxpayers, have on several occasions petitioned and requested the Board of County Com- missioners to postpone and consider any and all zoning change requests which would have the effect bf conflicting with the comprehensive plan ultimately adopted. (12) on or about May and June of 1973, defendant received and accepted certain rezoning applications involving large tracts of land located in Indian River County, Florida, said rezoning applications requesting rezoning to multiple -family districts; that, in opposition' to said rezoning applications, plaintiffs, members of the Vero Beach Association, by.and through its Board of Directors, and other taxpayers, again petitioned and requested the Indian River County Zoning Commission Page Three. • - 24 - Bout 17 PAGEM AUG 2 21973 y{ (9) That the Indian River County Board of County Commis- sioners met on December 20, 1972, during which meeting defendant's -- planner, Val Brennan, reported that the Vero Beach -Indian River County Planning Commission recommended that a map of the compre- hensive land use master plan be published in the local newspaper For the purpose of informing the public as to the proposals made and recommended before the public hearing was held; that the Board of County Commissioners authorized Mr. Brennan to proceed with said recommendations, including a two-page advertisement in the local newspaper and to print 2,000 copies of the plan resulting from the final public hearing at a cost to the County not to exceed $2,500.00. (10) That from and after January 20, 1972, defendant, by and through its County Commission, has repeatedly ir_dicated its intent to promptly arrive at and hold public hearings for adoption of a comprehensive master plan; that, in fact, various rezoning applica- tions were deferred on the basis that said applications :could be considered subsequent to the adoption of said master plan. (11) That plaintiffs, the members of the Vero*Beach Associa- tion, by and through its Board of Directors and other taxpayers, have on several occasions petitioned and requested the Board of County Com- missioners to postpone and consider any and all zoning change requests which would have the effect bf conflicting with the comprehensive plan ultimately adopted. (12) on or about May and June of 1973, defendant received and accepted certain rezoning applications involving large tracts of land located in Indian River County, Florida, said rezoning applications requesting rezoning to multiple -family districts; that, in opposition' to said rezoning applications, plaintiffs, members of the Vero Beach Association, by.and through its Board of Directors, and other taxpayers, again petitioned and requested the Indian River County Zoning Commission Page Three. • - 24 - Bout 17 PAGEM AUG 2 21973 y{ AUG 221973 and.Board of County Commissioners to defer action on said tezoning requests until a comprehensive master plan was for- mally adopted. (13) Regardless of said petition and request; the Indian River County Zoning Board recommended approval of at least one such rezoning application and further threatens -to recommend approval of other similar rezoning applications; that the Indian River County Board of County Commissioners threatens to approve the rezoning sought on at least one such application at its meeting on August 22, 1973, and further threatens to approve similar re- zoning applications; that, in view of the petitions and requests made by plaintiffs, members of the Vero Beach Association, through its Board of Directors, it is plaintffs' belief that to exhaust their administrative remedies by further petitions and requests of the same nature would be a vain act. (14) On -or ab*u -: ,C/;? �3, Indian River County, by and through its County Commissioners, held a public hearing following notice duly published for the purpose of considering and approving an Ordinance affecting the property surrounding State Road 60 in Indian River County, Florida; that said Ordinance (No. 72-3) was adopted in accordance with the formalities required for the adoption of Ordinances; that concurrent with the adoption of said Ordinance, zoning districts which might conflict with or might be inconsis- tent with the comprehensive master plan as ultimately adopted were rezoned into holding districts pending adoption of a comprehensive master plan; and that said Ordinance was extended on or about March 8, 1973. (15) That on more than one occasion, beginning on or about • December of 1972, defendant's planner had.reported to the Board of County Commissioners that the City Planning Commission had completed its study and that a final recommended composite master plan has been Page Four. - 25 - 7 PMfr F/y/2 has been prepared for approval by the Board of County Com missioners; that the minutes of the Board of County Commis- sioners show that upon a printing of the recommended compre- hensive master plan, public hearings would be held for the purposes of approving and adopting said plan; that it plaintiffs' belief that, were defendant and its agencies to usetheir best efforts, said adoption of a comprehensive mrster plan could be accomplished within a relatively short period. , (16) On.or about May of 1973, Indian River County, by and through its County Commissioners, held a public hearing following notice duly published for the purpose of considering and approving the adoption of a comprehensive land use plan af- fecting property surrounding State Road 60 in Indian River County, Florida; that said comprehensive master plan was adopted in accor- dance with the formalities required for the adontior. or Ordinances; that concurrent with the adoption of said comprehensive master plan, all zoning districts which conflict or were inconsistent with the comprehensive master plan as adopted were rezoned according to the criteria of said comprehensive master plan. (17) Plaintiffs contend that the actions threatened by the Indian River County Zoning Commission and County Commission would cause irreparable harm to plaintiffs in that: (a) To approve mzoning applications while the preparation aria adoption of a ronprehe-osive Zana use plan is emm•inent wouldhave have the ef£ec t of diluting or usurping and possibly circwventing the effect -of a comprehensive land use plan when adopted, thus resulting in a squandering, misapplication and waste of tax funds previously invested in the,study and development of said comprehensive land Page Five. - 26 -- 9 enaK $7 AUG N 2 �qV%d �, c' � � PAA73 s: Y ' Y has been prepared for approval by the Board of County Com missioners; that the minutes of the Board of County Commis- sioners show that upon a printing of the recommended compre- hensive master plan, public hearings would be held for the purposes of approving and adopting said plan; that it plaintiffs' belief that, were defendant and its agencies to usetheir best efforts, said adoption of a comprehensive mrster plan could be accomplished within a relatively short period. , (16) On.or about May of 1973, Indian River County, by and through its County Commissioners, held a public hearing following notice duly published for the purpose of considering and approving the adoption of a comprehensive land use plan af- fecting property surrounding State Road 60 in Indian River County, Florida; that said comprehensive master plan was adopted in accor- dance with the formalities required for the adontior. or Ordinances; that concurrent with the adoption of said comprehensive master plan, all zoning districts which conflict or were inconsistent with the comprehensive master plan as adopted were rezoned according to the criteria of said comprehensive master plan. (17) Plaintiffs contend that the actions threatened by the Indian River County Zoning Commission and County Commission would cause irreparable harm to plaintiffs in that: (a) To approve mzoning applications while the preparation aria adoption of a ronprehe-osive Zana use plan is emm•inent wouldhave have the ef£ec t of diluting or usurping and possibly circwventing the effect -of a comprehensive land use plan when adopted, thus resulting in a squandering, misapplication and waste of tax funds previously invested in the,study and development of said comprehensive land Page Five. - 26 -- 9 enaK $7 AUG N 2 �qV%d �, c' � � PAA73 s: Y use plan. (b) That further, to permit the approval of Laid rezoning applications referred to above would have the effect of denying plaintiffs the opportunity of public hearing in connection with the adoption of a comprehensive land use plan as'said plan may affect its areas sought to be rezoned. WHEREFORE, plaintiffs pray as follows: t (1) That at an early hearing herein, this Court, with or without notice, issue a temporary injunction or restraining order against the defendant, restraining the Board of County Commissioners of Indian River County from granting any changes in the present zoning law and/or districts until said Board of County Commissioners holds public hearings on and approves and adopts a comprehensive master plan in accordance with the desires of the public as made known at Page Five -A. 27 - UG 2 2 19173 eiao 17 P4'c(374 said public hearings. (2) That a Final Judgment be entered perpetually enjoining the foregoing acts. (3) That the Court enter a permanent order at an early hearing herein, with notice, ordering defendant to proceed promptly end diligently in the setting of public hearings and in the final formulation and adoption of the comprehensive master plan in accor- dance therewith. COUNT II Plaintiffs sue defendant and allege: (1) That plaintiffs hereby incorporate by reference Paragraphs 1, 2 and 3 of Count I as though fully set out herein. (2) That on or about June of 1973, defendant approved a rezoning application from one Lamesa, Inc., which application was made for the purposes of seeking rezoning of a large tract of land located in Indian River County for the purpose of developing a large I residential project; that said project qualified as a Development of Regional Impact; pursuant to Florida Statute Section 380.06 and Chapter 22F of the Florida Administrative Code (effective July 1, 1973); that to plaintiffs' knowledge and belief said applicant did file an application for development approval under Section 380.06(6) of Florida Statutes, but that no public hearing as required by said Chapter has been held. (3) That on or about June of 1973, defendant accepted a 3 rezoning application from Veromar Development Co., Ltd., which application sought rezoning from single-family districts to multiple- faynily aistYLCtS 4.(f ectiAg A urge tract of property located in Indian River County, Florida; that said &velopXu9ftf as xe�?= as .ated by the applicant constitutes a Development of Regional Impact of Florida Page Six. i 28 AUG 221973 s BOOR' 11 euE375 <Q Statute 380.06 and Chapter 22F of the Florida Administrative Code (effective July 1, 1973); that to plaintiffs' knowledge and - belief, said applicant has not filed an application for develop- ment approval pursuant to Florida Statute 380.06(6), nor have public hearings pursuant to said Chapter been scheduled or held. (4) That the rezoning applications referred to above have been scheduled for a public hearing before the Indian River County zoning Commission on September 6, 1973, for the purpose of reco- mmending approval or disapproval to the Board of County Commissioners; that defendant, by and through its Zoning Commission and County•Com- missioners, has failed or threatens to fail to require the applicants to.comply with Florida Statute Section 380.06 as a condition to ap- proving the requested zoning changes. (5) That Florida Statute Chapter 380 requires compliance with its provisions prior to a developer undertaking a Development of Regional Impact; that an approval of the zoning changes requested would constitute developing as described by Florida Statute Section 380.04(1) in that a change in the use of . land . . would result. (6) Plaintiffs have previously urged the defendant, by and through its Zoning and County Commissioners, to deny rezoning appli- cations submitted, development plans of which would constitute Devel- opments of Regional Impact, until the requirements of Florida Statute 380 are complied with, but defendant has refused to consider said request and has continued to process rezoning applications that may be inconsistent with the master plan ultimately adopted and approved; that to plaintiffs' knowledge and belief, to exhaust their admini- strative remedies by again urging the adoption of the procedure referred to above would be a vain act. (7) Because of defendant's actions, plaintiffs will sustain irreparable injury in that: } (a) Should the Developments of Regional Impact be disapproved I Page Seven. -29- _4 I f,. tlOK 17 PAGE3 76 AUG 2 2197 by the appropriate government agencies pursuant to Florida Statute Chapter 380, rezoning approval will result in a change in the use of the land, regardless of said disapproval. (b) Certain of the plaintiffs or property owners and resi- dents in the areas of the proposed Developments of Regional Impact would suffer such irreparable injury in the nature of increased population and traffic congestion and decreased efficiency of public utilities servicing areas, without the opportunity of expressing their objections to same at a public hearing held pursuant to Florida Statute Chapter 380. (c) The actions and threatened actions of defendant will deprive plaintiffs of a prior opportunity to challenge the proposed projects on the grounds of the failure to meet the criteria of Florida Statute Section 380.06 as implemented by Section. 22F of the Florida Administrative Code. . WHEREFORE, plaintiffs pray that the Court enter: (1) A temporary order enjoining the defendant from approving said rezoning applications, and any and all other rezoning applications involving Developments of Regional Impact, untilthe provisions of Florida Statute Chapter 380 and Florida Administrative Code Section 22F are complied with. (2) A Final Judgment perpetually enjoining the foregoing acts. COUNT III Plaintiffs sue the defendant and allege: (1) All Paragraphs in Count I and II are hereby incorporated herein by reference as though fully set out in Count III. ' (2) On August 22, 1973, the Lamesa, Inc.., request for change in zoning is scheduled to come before the County Commission of Indian River County, Florida. This request by Lamesa, Inc., wherein they request a change in zoning from lower density to a higher density and AUG 2 21973 Page Eight. - 30 - 800K 17 PAGE,3 �a Nk• from a residential to multiple -family and commercial districts has previously been approved on a first hearing by the County. Zoning Commissioners of Indian River County, Florida. This change in zoning, should it be granted by the County Commission of Indian River County, Florida, would be an illegal change in zoning because said change may be inconsistent with.the master plan and would be conditioned on the fact that said change would fit in with the master plan when it is eventually adopted. Therefore, this request would amount to conditional zoning, which is improper. (3) A zoning change granted to Sea Oaks development was con- ditional in that a separate contract was agreed to by the applicant in the event that his petition for change of zoning from a lower to a higher density be granted and that said change of zoning as to Sea Oaks property located in Vero Beach, Florida, on the east side of the also Indian River, constitutes conditional zoning and is/conditioned on being consistent with the ultimate master plan to be adopted, and is illegal and improper. (4) The petitions for change of zoning by Lamesa, Inc., Veromar and Dahlstrom (the Dahlstrom petition having been rror_�r_ed by Lawrence D. Wilcox) were initially approved by the County zoni.g Board under amended Section 27. Section 27 was amended under emergency con- ditions without stating what emergency conditions existed, if any, and also was in violation of Florida Statute 125.66. Therefore, said last three (3) petitions named above are proceeding on a void provision of the County Zoning Ordinances and there are other petitions pending or to be filed which are presently unknown, but which will be ascertained in the future by the plaintiffs and which would be processed under Section 27, as amended,.which in fact in void. (5) Property known as the Sea Oaks property which was changed from a lower density to a higher density is till.in the same condition as when the zoning change was granted. Present zoning laws of•Indian Page Nine. { - 31 - AUG �7 �acE37$ 2 2 1973 permit for River County, Florida, require that/construction be initiated within a six-month period or the County Commission can change . the zoning back to the original classification. The County Com- mission of Indian River County, Florida, is abusing its discretion in failing to charge said property back to its original classification, Peeause, on information and belief, this property was recently offered for resale and the petitioners who originally obtained the change in zoning on Sea Oaks apparently do not plan to develop this property as they originally proposed to the County Commission. WHEREFORE, plaintiffs pray as follows: (1) That at an early hearing herein, a temporary order be entered by this Court enjoining the defendant from approving said rezoning applications, based upon conditions outside of existing Ordinances, until the adoption of a comprehensive master plan, and until the present zoning practices of the County Commission of Indian River County, Florida, are amended to comply with Florida laws. (2) That a Final Judgment be entered perpetually enjoining the foregoing acts. (3) That the Court declare invalid any rezoning based upon conditions as aforesaid. COUNT IV Plaintiffs sue the defendant and allege: (1) All Paragraphs in Count I, II and III are hereby incorporated by reference and made a part hereof as though fully set out herein. E'2) That the above-cited petitions for changes in zoning, all of which i-herease the cle-Asi.ty from a lower to a higher classification may be and **Li other pending requests for a chahge of zori o which / incon- sistent with the master plan which has been completed bl& not presented to the public for approval, do not show than they will promote the Page Ten. 1 -32- AUG 221973 eooir VPAGE'379 C,f 4` public health, welfare and safety, when in fact said pending petitions will actually be detrimental to the public health, welfare and safety, in that they will cause an increased burden on public sewer, waterand electrical facilities; that they will. cause an increase on other public facilities such as hospitals, schools, libraries and recreation buildings and locations; that most of the pending petitions will affect the beach area of Vero Beach, Florida, which is serviced by one main roadway known as A -l -A which is only a two-lane road and which is already over- burdened with existing traffic and that none of.these pending pe- titions have been studied or considered in reference to the impact on the local citizens who live, or taxpayers owning property, in the Vero Beach area, and that most of the above -listed plaintiffs are residents of the Vero Beach area, having their homes or other property located in the area in the vicinity of the above -listed projects and they will be adversely affected by any changes in zoning which will increase the density particularly wheare an overall master plan has not yet been approved and adopted by Indian River. County, Florida. (3) The granting of the above petitions would constitute spot zoning inasmuch as the proposed comprehensive master plan, although completed, has not been approved by the public for adoption by the County Commission of Indian River County, Florida. (4) The proposed rezoning, if they should be adopted, would be arbitrary and discriminatory as to the other property otmers in Indian River County, Florida, and particularly as to the property owners in Vero Beach area and said proposed changes would be. unlawful and unconstitutional. WHEREFORE, plaintiffs pray as follows: (1) That this Court enter a temporary order enjoining the defendant from approving said rezoning applications, and any and I Page Eleven. - 33 - AUG 2 21973 7 ?Aa' J00 all other rezoning applications until a comprehensive master plan has been adopted by Indian River County, Florida. (2) That a Final Judgment be entered perpetually enjoining the foregoing acts. COUNT V Plaintiffs sue the defendant and allege: (1) That plaintiffs incorporate by reference paragraphs 1, 2, 3, 4 and 8 of Count I as though fully set out herein. (2) That on May 7, 1969, the aforesaid Board of County Commissioners by Resolution No. 69-22 concurred in a Resolution No. 2085 adopted by the City of Vero Beach for a joint arrangement. to employ a "City and County Planning Consultant", and,the Board pledged to jointly fund the costs of same with the City. (3) That on or about June 11, 1969, the aforesaid Board of County Commissioners unanimously approved the creation of a new "Buffer Commission" to work directly with the new joint City -County full-time planner. (4) That on January 20, 1971, following enactment of the Florida Interlocal Cooperation Act of 1969 (Chapter 163, Florida Statutes), the afore-SC14 Baard of County Commissioners by Resolution ATo. 71-3 approYed and authorized +he Yero Be,5ch-Tnaizm River County Planning Coxvi-ssion" (buffer ComMSSr.10Y J to Maxe appliCatiori for federal planning assistance grants and "to enter into.con-crac-c wic, the State and Federal governments to complete a comprehensive plan"; and that, on information and belief, the aforesaid Board of County Commissioners, by Resolution No. 71-64 on December 22, 1971, may have similarly authorized a further such application and agreement and/or amended agreement. (5) That prior to Septerdber of 1972, the City and County jointly engaged Adley & Associates as planning consultants to develop, Page Twelve. - 34 - BBQk V PACE 381 AUG 2 21973 ; i i - 1 10 } prepare and make recommendations for a comprehensive master i plan for controlling growth in,the City and County, and that on . i l . F or .about September of 1972, said planning consultants presented . their recommendations to elected and appointed officials of the City and County. (6) That some.of the aforesaid -procedures and actions were i j not in compliance with the Florida Interlocal Cooperation Act of .i . 1969, particularly Part II thereof; that the County has no other i pre-existing authority to jointly engage in any such activities 1 4 nor to jointly expend.local and/or Federal tax funds thereon; and j that, in any event, the County, by jointly entering inco funding { agreements with the State -of Florida has elected de facto to f proceed under the provisions of said Act. WHEREFORE, plaintiffs pray as follows: (1) That a Final Judgment be entered declaring that the 6 County is obliged or has otherwise -elected to comply with the pro- visions of Chapter 163, Florida Statutes and that they shall comply j S therewith, in the further development, adoption and implementation of a comprehensive masterjplan for controlling future growth ix. and throughout the Countiy. �. DATED. this 17th day of August, 1973. i JEROME F. •KRANER, ARTHUR S. FRIEND, JOAN R. WEST, RALPH W. EDMISTON, LLOYD E. BERNrGGER, THOMAS J. TIERNEY and GORDON S. GILMORE, on behalf of themselves as residents of and taxpayers of Indian River ` County, and on behalf of the members of the Vero Beach Association, Inc., who are similarly situated, and further on behalf of all other taxpayers. of Indian River County similarly situated, and BURTON A. FARAGNE, W. ROSS CHApylui, RODNEY M. GOETCH,IUS and HEPBURif TIAL= -R, on behalf of themselves as residents and taxpayers of Indian River County, and further on behalf of all other taxpayers of Indian River County similarly situated, STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) JEROME F. KRAMER, on behalf of himself and the above plaintiffs, Page Thirteen. - 35. +gyp AUG 2 Z IJ73 a Book V NAGE o2 x I i being under oath, does hereby verify and affirm that he has } read the above Complaint and that to the best of his knowledge and belief, the allegations set out therein are true and correct. , E • Jerome F. Kramer j SWORN TO AND SUBSCRIBED ' before me this 07 day of August, 1973. H j Notary Public, State of i Florida at _urge My do-zmfssion expires: 140T.ARY PUBLIC STATE Wr j bly COF."MIZZ'Cit ' Ci�i� 4i$iji�.Ai:�:6 U:ViJL:.:r::11i �iW.• �1 - . - { Joan T. Brennan, Esquire (CA LTON, BR Ei�iNr'N, �2CALILEY & HAYSKAR ttorneys for FlzAntif f s Post Office Bos: 3779 i Fort Pierce, Florica 3345.0 t CERTIFICA^E OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint has been furnished by mail to PAUL BURCH, ESQUIRE, County i Attorney, Post Office Box 5, Vero Beach, Florida 32960, this 17th. day 9f August, 1973. y r i Page Fourteen. - 36• A 17 PuE 383 UG 22 1973 WITH REGARD TO THE FOREGOING "COMPLAINT" FILED. ON AUGUST 24, 1973, JUDGE D.C. SMITH FILED AN ORDER STATING THAT THE DEFENDANT'S MOTION TO. DISMISS BE GRANTED AND THE PLAINTIFF'S BE GRANTED 15 DAYS IN WHICH TO FILE AN AMENDED COMPLAINT. COMMISSIONER SIEBERT QUESTIONED IF MR. KRAMER HAD ANY SPECIFIC OBJECTIONS TO THIS PROJECT. MR, KRAMER STATED THAT HE WAS OPPOSED TO ANY REZONING UNTIL THE MASTER PLAN IS ADOPTED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, CHAIRMAN Loy VOTED IN FAVOR, THE BOARD UNANIMOUSLY APPROVED THE ZONING CHANGE AS REQUESTED BY LAMESA INC. AND ADOPTED THE FOLLOWING RESOLUTION. - 37 - AUG 2 Z 1913. Doi 17 QAc[384 RESOLUTION NO. 13-58 WHEREAS, the Zoning Commission of Indian River County, Florida, did, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian River County, Flor- ida; and WHEREAS, this Board did publish its notice of said recommended. changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which 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.Ordinance 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 4 described property owned by LaMesa, Inc., situated in Indian River � County,, Florida, to -wit: AUG 22 1973 Commencing at the NW corner of Section 15, Township 32 -South, Range 39 -East, Indian River County, Florida; thence Easterly along the Northerly boundary of -said Section 15 to the West- erly right of way line of a 160' wide Lateral "G" Canal, this being the POINT OF BEGINNING; thence N 31055136" W, along said right of way line 4156; thence S 67030'00" W 380'; thence o N 36030'00" W, 770'; thence N 83020'00" W, 375'; thence S 79 30'00" W, 8501; thence S 29000100" W, 530'; thence S 59000'00" E 1001; thence N 64000'00" E, 725'; thence S 87025100" E, 685'; thence S 05000'00" E, 1001; thence S 75030'00"W, 9001; thenge S 57000'00" W, 575'; thence S 19045'00" W, 130'; thence S 50 40'00" E 700'; the Bce S 78030'00" E,-680'; thence N 14°00'00" E 6001; thence N 80 00100" E 930'; thence'Northeasterly to the POINT OF BEGINNING. Be changed from R-1 Single Family District to R--2 Multiple Fam- ily District. Commencing at the SW corner of the NW 1/4 of Section 15, Town- ship 32 -South, Range 39 -East, Indian River County, Florida; thence Easterly along the Southerly boundary of.said NW 1/4 to the Westeriz right of way line of a 160' wide Lateral "G" Canal; thence N 31 55'36" W along said Westerly right of way line 1510' to the POINT OF BEGINNING; thence continuing N 31055'36" W 940'; thence S 52°00'00" W 590'; thence S 32100'00" E 550'; thence Southeasterly to the POINT OF BEGINNING. Be changed from R-1 Single Family District to C-1 Commercial District. Commencing at the SW corner of the NW 1/4 of Section 15, Town- ship 32 -South, Range 39 -East, Indian River County, Florida; thence Easterly along the Southerly boundary of said NW 1/4 to the westerly right of way line of a 160' wide Lateral "G" Canal; thence N 31055'36" W along said Westerly right of way line 200' to.the POINT OF BEGINNING; thence continuing N 31055'36" W, 1180'; thence S 60000'00" W, 565'; thence S 17000'00" E 740'; thence Easterly to the POINT OF BEGINNING. Be changed from R-1 Single Family District to R-2 Multiple Fam- ily District. ., - 38 Page 2e Commencing at the NE coiner of'Section 16, Township 32-South,, Range*39-Eastr Indian River County, Florida; thence Westerly along the Northerly boundary of said Section 16, 3474.501 to the POINT OF BEGINNING; thence N 50°30'00" W, 5801; thence S 62030'00" W 5201; thence S 03 45160" W, 1601; thence S 74 001 00" E, 9301; thence S 07000'00" W, 810'; thence N 68°45'00" E, 445'; thence N 24030'00"�E, 9151; thence N 13000-00.- W, 701; thence Northwesterly to the.POINT OF BEGINNING. Be changed from R-1 Single Family District to R-2.Multiple Fam- ily District. Commencing at the SW corner of the NW 1/4 of Section 15, Town- ship 32-South, Range 39-East, Indian River County, Florida; thence Easterly along the Southerly boundary of said NW 1/4 to the-Westerly right of way line of a 160' wide Lateral "G" El Canal, this being the POINT OF BEGINNING; thence S 31055136" along said Westerly.right of way line 901 more or less; thence, S, 2015136" E, along osaid -Westerly right of way line 11801 more or less; thence S 00000'00" E, 250', more or less to the Norther- ly right of way line og the NORTH RELIEF CANAL, right of way being 200' wide; thence N 85 50123" W, along said Northerly right of way line 14101 more or less; thence N 02005140n E 14751; thence S 83030'00" E 800' to the Westerly right of way line of said 1601 wide Lateral "Gn Canal; thence Southeasterly along said right of way line to the POINT OF BEGINNING. Be changed from R-1 Single Family District to C-1.Commercial District. All within the meaning and intent and as set forth and described in said Zoning Regulation. 39 AUG22-103 a aci.a V FAA00un 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. Sworn to and subscribed before me this _ day of _92- A.D. / � ��-- (Business Manager) (SEAQ (Clerk of the Circuit Court, Indian River County, Florida) portunity to be heard will be held by the Board of County Commissioners Of Indian River County, Florida, in the Commission Room, Indian River County Courthouse, Vero Beach, ` Florida, August 22, 1973, at 1:30 P.M., after which said public hearing, said Board will take action thereon With respect to any other changes in zoning of said above described property or any lesseror` .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 July 1, 1973. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, WILLIAM BENTON, DEVELOPER, APPEARED AND MADE THE PRESENTATION. DEWEY WALKER, ZONING DIRECTOR STATED THAT THE ZONING COMMISSION ., APPROVED THIS ZONING CHANGE AT THEIR MEETING OF JULY 26, 1973. -40- ,- yy r� c7 S 'AUG 2 1973 800K 1 1 PAG 8 ir'1 u., ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, CHAIRMAN Loy VOTED IN FAVOR, THE BOARD. UNANIMOUSLY APPROVED THAT A DEVELOPMENT ORDER BE ISSUED TO LAMESA, INC. AS STATED IN FLORIDA STATUTE 3,80. 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: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida NOTICE I NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian COUNTY OF INDIAN RIVER: River County, Florida, has made Its final report recommending the following changes and additions to STATE OF FLORIDA the Zoning ordinance of Indian 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 River County, Florida, which said changes and additions are sub - stantially as follows: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 1. That the Zoning Map be changed in order that the following described property, situated in a Ll, 'Ivndian River County, Florida, to - �.• / The North 7h of the NE 1A of the I_ -- — In the matter of G_i."Id �e� _ SW r/4 of Section 3, Township 32- South, Range 39 -East; said land % lying and being In Indian River County, Florida. i Restricted gCommercial District and R-3 Multiple Dwelling District, to R-2 Multiple Family In the Court, was pub- District - A public hearing in relation thereto at which parties in interest lished In said newspaper in the issues of and citizens shall have an op - 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. Sworn to and subscribed before me this _ day of _92- A.D. / � ��-- (Business Manager) (SEAQ (Clerk of the Circuit Court, Indian River County, Florida) portunity to be heard will be held by the Board of County Commissioners Of Indian River County, Florida, in the Commission Room, Indian River County Courthouse, Vero Beach, ` Florida, August 22, 1973, at 1:30 P.M., after which said public hearing, said Board will take action thereon With respect to any other changes in zoning of said above described property or any lesseror` .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 July 1, 1973. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, WILLIAM BENTON, DEVELOPER, APPEARED AND MADE THE PRESENTATION. DEWEY WALKER, ZONING DIRECTOR STATED THAT THE ZONING COMMISSION ., APPROVED THIS ZONING CHANGE AT THEIR MEETING OF JULY 26, 1973. -40- ,- yy r� c7 S 'AUG 2 1973 800K 1 1 PAG 8 ir'1 u., ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY s COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE ZONING CHANGE AS REQUESTED BY WILLIAM M. BENTON AND ADOPTED THE FOLLOWING RESOLUTION. 77RESOLUTION NO. 73-59 WHEREAS, the Zoning Commission of Indian.Ri.ver County,Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River .i . County, Florida; and, 1 WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which 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 Ordinance 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 r -i described property owned by William M. Benton, situated in Indian River County, Florida, to -wit: The North 1/2 of the NE 1/4 of the SW 1/4 of 'Section 3,* Township 32 -South, Range 39 -East; said land lying and being in Indian River County, Florida. Be changed from C-lA Restricted Commercial District and R-3 Multiple Dwelling District, to R-2 Multiple Family District. All within the meaning and intent and as set forth and described in -said Zoning Regulation. - 41 - 8008 17 f'AG.M8 AUG 22 1973 ►i 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: 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 a de In the matter of / (- ecMZ�- in the lished in said newspaper In the issues of .Court, was pub - Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at VeroBeach, 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 is .. !:,? d y of. (Business Manager) i (Clerk oft ircuit Court, Indian River County, Florida) (SEAQ it NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has made its final report recommending the --following changes Iand additions to the Zoning Ordinance 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 North 232.5 feet of the South 390 feet of Government Lot 1, Section 8, Township 31 -South, Range 39 -East, lying West of Old U.S. Highway No. 1; said land lying and being In Indian River County, Florida; ALSO That part of the following described property lying East of the right-of-way of the new U.S. Highway No. 1, being part of said parcel: That part of the following described land lying East of the Florida East Coast Railway right of way; Begin. fling 990 feet south of the NE corner of the SE 1/4 of the NE 1/4 for Government Lot 4) of Sec - "on 7, Township 31 -South, Range 39 -East, running 330 feet I - south to the south line, West 1320 feet to West line, North 330 feet, East 1320 feet to the East line to beginning, containing 3.75 acres, more or less; situated in Indian River County. Be- changed from C-1 Com- i mercial District to R-2 Multiple Family District. A public hearing in relation thereto at which parties in Interest .and citizens shall have. an op- porhmity to be heard will be held by the Board of County Commissioners `of Indian River County, Florida, In the Commission Room, Indian River County Courthouse, Vero Beach, Florida, August 22, 1973, at 1:30 P.M., after which said public hearing, 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 6 By: Alma Lee Loy, E' Chairman � yJuly_ 1. 1973. CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, DEWEY WALKER, ZONING DIRECTOR STATED THAT THE ZONING COMMISSION APPROVED THE ZONING CHANGE AT THEIR MEETING OF JULY 29, 1973. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. - 42' - 80UK 17 PAGE389 AUG 2 2 1973 d K RESOLUTION NO. 73-60 :WHEREAS, the %onipg Commission of 3Cndian River County, Flor- ida, did, after public hearing, make its final report recommend- :ing changes and additions to the Zoning Ordinance of .Indian River County, Florida; and, ,- WHEREAS, this Board did publish its notice of said recommended. Changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which 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 Ordinance 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 4described property owned by John C. Palmer, situated in Indian River County, Florida, to -wit: The North 232.5 feet of the South 390 feet' of Government Lot 1, Section 8, Township 31 -South, Range 39 -East, lying West of Old U. S. Highway No. l; said land lying and being in Indian River County, Florida; ALSO That part of the following described property lying East of the right-of-way of the new U. S. Highway No. 1, being part of said parcel: That part of the following described land lying East of the Florida East Coast Railway right of way; Beginning 990 feet south of the NE corner of the SE 1/4 of the NE 1/4 (or Government Lot 4) of Section 7, Township 31 South, Range 39 -East, running 330 feet south to the south line, West 1320 feet to West line, North 330 feet, East 1320. ' feet -to the East line to beginning, containing 3.75 acres, more or less; situated in Indian River County. Be changed from C-1 Commercial District to R-2 Multiple ram- ily District. All within the meaning and intent and as set forth and described in said Zoning Regulation. -43- AUG 22 41973 I THE HOUR OF 1:30 OfCLOCK P.M. HAVING PASSEID,, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS -JOURNAL ' Published Weekly _.k@ eaTfceOTICE GIVENthat - ..Vero Beach, Indian River County, Florida the Zoningl commission ofHEREBY Indian River County, Florida, has made its final report recommending the COUNTY OF INDIAN RIVER: following changes and additions to the Zoning Ordinance 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 - stantially as follows: says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published 1. That the Zoning Map be at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being changed in order that the following described property, situated in eJ Indian River County, Florida, to - ac wit: wit: Lots 9, 11, 13, 15 & 17, Block 2; Lots 8, 10, 12, 14, 16, 13, 15 & 17, � /%', to the matter of �� =�='O 1 j �'" —�'e all In Black 3, Tropical Village Estates, Inc., Township 31 - South, Range 37 -East, Plat Book 4, page 941/2, Indian River o. County. Be changed from C -i Com- mercial District to R•1 Single In the Court, was Web- Family ub District. public hearing, In relation thereto at which parties in interest lished in said newspaper in the issues of . 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, InddiananRiver _ • County Courthouse, Vero Beach;. i Florida, August 22, 1973, at 1:30 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Press-JournalVero hears after which said public thereon, said Board will take action Beach, in said Indian River County, and that the said newspaper has heretofore thereon with respect to any . other been continuously published in said Indian River County, Florida, weekly and has been entered changes in zoning of said above as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida described property or any lesser or 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 property or pertaining to said corporation any discount, rebate, commission or refund for the purpose of securing this adver- changes as shall appear proper. tisement for publication in the said newspaper. Board of County ( Commissioners By: Alma Lee LOY, f A.D.�9Z 3 Sworn to and subscribed before a 1pis _ do-Vy Chairman ;a ' July 1, 1973.. -- (Business Manager) (Clerk of the Circuit Court, Indian River County, Florida) <SFAU F CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE a • WERE NONE AND ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. I A 1 -44- eoo 17 PAGL391 t. AUG 22 1973 F- . } I wHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board•did publish its notice of said recommended . changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian j, River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning kap, be changed as follows 1: That the Zoning Map be changed in order that the following -4,described property owned by Leonard R. Herndon, George R..Arnold, and Elven Herndon, situated in Indian'River County, Florida, to -wit: Lots 9, 11, 13, 15, & 17, Block 2; Lots 8, 10, 12,-14, 16, 13, 15, & 17, all in Block 3, Tropical Village Estates, Ina., Township 31 -South, Range 37 -East, Plat Book 4, page 94h, Indian River County._ Be changed from C-1 Commercial District to R-1 Single Fam- .ily District. All within the meaning and intent and asset forth and described iri said Zoning Regulation. AUG 22 1973 -45- -- 800K PQGEJ ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY* THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO ADVERTISE FOR- A PUBLIC HEARING ON A SUPPLEMENTAL BUDGET AT 8:30 O'CLOCK A.M. SEPTEMBER 5, 1973. THE FOLLOWING NOTICE OF PROOF OF PUBLICATION REGARDING REVENUE SHARING FUNDS IS HEREBY BEING MADE A PART OF THESE MINUTES. 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. says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspa at Vero Beach in Indian River County, Florida; that the attached copy of advertia a In the matter of AL.. g In the Cc. lashed In said newspaper in the Issues of /` — - ' Affiant further says that the said Vero Beach Press-Joumal is a newspaper Vero Beach, In said Indian River County, and that the said newspaper h been continuously published in said Indian River County, Florida, weekly and has., as second class mail matter at the st office in Vero Beach in said Indian River C' nro+r ro.a nrrmao in s 1. _`va am.ev wiao�uw� I'IDIRR Rim COL"W .uwam.ora�wwar..wn 1.00 �UULLKvum4Yl AW .7P4 i, IOIIMMtYO�t H 9%�..o-q FiW':0• 1972 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY* THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO ADVERTISE FOR- A PUBLIC HEARING ON A SUPPLEMENTAL BUDGET AT 8:30 O'CLOCK A.M. SEPTEMBER 5, 1973. THE FOLLOWING NOTICE OF PROOF OF PUBLICATION REGARDING REVENUE SHARING FUNDS IS HEREBY BEING MADE A PART OF THESE MINUTES. 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. says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspa at Vero Beach in Indian River County, Florida; that the attached copy of advertia a In the matter of AL.. g In the Cc. lashed In said newspaper in the Issues of /` — - ' Affiant further says that the said Vero Beach Press-Joumal is a newspaper Vero Beach, In said Indian River County, and that the said newspaper h been continuously published in said Indian River County, Florida, weekly and has., as second class mail matter at the st office in Vero Beach in said Indian River C' nro+r ro.a nrrmao in 'i•-: m oa.wwr a 1. _`va am.ev wiao�uw� I'IDIRR Rim COL"W .uwam.ora�wwar..wn 1.00 �UULLKvum4Yl AW .7P4 i, IOIIMMtYO�t H 9%�..o-q FiW':0• 1972 rmrawm..w.awwU WfK MtIrA.� .Sid•13: upn�Watrucw�Y�vr*waar 10 1 031 9:1 . wrmr.. .m.,...,....—«r..� JWIFWRtYMCa W Cad77V CLM FraG ACMPIVCL3WY DA OP.MTIM(UYYNfiM1NLq fl1YtM0�NP1.' � enmrnl 6M40rfY1118 % %. % % % % :f % %�, f % % %i % % % % x s !s %1 %a:s f % %. % % ..usm..w u.... s.r ..r..eme. %. %- % % �.a"O�e.miaoam.°�n'rouewoa IY.r�IDuy l.Y4t.n Y...rsf0 HA........ 133 go /� . Yre4s1............ r�— wa....n......... '�� o�'r �A48EY FSS $lanm of LWI- r.`.a.m••.,.. •,... �. vem Beaah Ra. Ja X 6-1642 po for a period of one year next preceeding the first publication of the attached c Aug. 16,.9973 1 tisement; and affiant further says that he has neither paid nor promised any pf ----- co, _L corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swam to and subscribed before me this 16d4y 0—dc •• A.D. AUG 22 1971 / � – (Business Manager) (Clerk of the inc it Court, Indian River County, Florida) THE ADMINISTRATOR INFORMED THE BOARD THAT BLOCK VILLA SUBDIVISION WAS RECORDED IN THE OFFICIAL RECORDS IN 1953 AND THE ROADS IN THE SUBDIVISION HAVE NOT BEEN MAINTAINED. THE ADMINISTRATOR RECOMMENDS PUTTING THESE ROADS ON A REGULAR MAINTENANCE PROGRAM, THE BOARD AUTHORIZED THE ADMINISTRATOR TO PROCEED IN -46— r� otcox V ?Ad[39 i .r IN SETTING UP A REGULAR MAINTENANCE SCHEDULE, IN BLOCK VILLA SUBDIVISION. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY - COMMISSIONER MASSEY, THE BOARD. UNANIMOUSLY APPROVED THE COUNTY ADMINISTRATOR TAKING HIS VACATION FROM SEPTEMBER 21ST TO -OCTOBER -8TH, -19-73. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD HAD.NO OBJECTION TO THE ISSUANCE OF AN SAJSP PERMIT #73-0779, DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, TO INSTALL A FLOATING MODULAR FIBERGLASS DOCKING SYSTEM AT THE VERA CRUZ CONDOMINIUMS LOCATED ON NORTH AIA. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. i _ 47 - E RESOLUTION NO. 73-62 A RESOLUTION OF THE COUNTY OF INDIAN RIVER, FLORIDA, PROVIDING FOR COMPLIANCE - WITH CERTAIN REQUIREMENTS UNDER THE FLORIDA REVENUE SHARING ACT OF 1973. WHEREAS, the County of Indian River, Florida, desires to participate in and receive from the State of Florida, at the earliest possible time, all funds which the County of Indian River is entitled to receive under the Florida Revenue Sharing Act of - 1973,.as said Act may from time to time be amended; and WHEREAS, in order to qualify for said revenue sharing funds during the 1973-74 fiscal year, the County of Indian River is required to complete and return to the Florida Department of Revenue on or before June 1, 1973, an application for Reve- nue Sharing 1973 incldding certification that, a. All police officers, as defined by Subsection 23 061 1 ,Florida Statutes, employed by the County of Indian River, meet the qualifications for employment as established by the Police ' Standards Board of the State of Florida, b. The salary structure and salary plans of the County of Indian River for law enforcement officers meet the provisions of Part N of Chap ter 23, Florida Statutes, and C. All police officers as defined in Subsection 23.061 (1), Florida Statutes of Indian River County are compensated at an annual salary rate of $6, 000.00 or more, and WHEREAS, upon due investigation, the County Commission of the County of Indian River, has determined that all police officers . employed by the County do meet the qualifications for employment established by the Police Standards Board, and that no police officer employed by the County of Indian River is compensated for his ser- vices at an annual salary rate of less than $6, 000. 00, and the County Commission of the County of Indian River desires to hereby evidence by this Resolution said County's compliance with the provisions of Paragraphs (a), (b) and (c) above; • . -48- a....e:%:::..:.d.as. sx�:...r-awkJ.aiw'rJ�az:..a••�. .. es�br ...9aJtY�, �..:. ..... .., _... ,. ., -.. . ;. m. ra�iei:Khc-.ssr•...s��.a..:.ara b�rE:9+..eea �,.•+u:s�.-mi.Pa+<4*:aame to+ssY.+xd�io-sF.�ww �ibv-� d::a4bri. anri::.N's.-a,.+. � 'y. �OU V AUG 2 2 i9- Nacf395 73 June 30 and September 30, of each year containing information relative to compensation of police officers employed by it, and such other information as the Council may require. SECTION 5. EFFECTIVE DATE: Except as herein otherwise specifically indicated all pro- visions of this Resolution 'shall be and become effective immediately upon its adoption hereof. 49 - Q 1 .% , e'oox PaA9 613 Y NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY ` COMMISSION OF THE COUNTY OF INDIAN RIVER, FLORIDA, AS FOLLOWS: SECTION 1. QUALIFICATION OF POLICE OFFICERS:'. The Indian River County Commission has duly investigated the qualifications of each police officer presently employed by the County of Indian River, and has determined that all such police officers do meet the qualifications for employment established by the Police Standards Council of the State of Florida; and all police officers hereafter employed by the County of Indian River shall, i prior to employment, ,be required to show that they meet said. qualifications for employment.. SECTION 2. MINIMUM SALARY FOR POLICE OFFICERS: All police officers employed by the County --of Indian River, Florida are compensated at an annual salary rate of $6, 000.00 or more. SECTION 3. SALARY INCENTIVE PROGRAM: The salary incentive benefits as defined in Section 23.078, Florida Statutes and authorized hereby shall be payable in accor- dance with the rules and regulations established by the Bureau of Police Standards through its Council in cooperation with the Depart- ment of Community Affairs. SECTION 4. SUBMISSION OF REPORTS: The County of Indian River shall submit quarterly reports to the Police Standards Council as of December 31, March 31, June 30 and September 30, of each year containing information relative to compensation of police officers employed by it, and such other information as the Council may require. SECTION 5. EFFECTIVE DATE: Except as herein otherwise specifically indicated all pro- visions of this Resolution 'shall be and become effective immediately upon its adoption hereof. 49 - Q 1 .% , e'oox PaA9 613 Y -50- l.e..,si;:`.ka.,w:u.�aV-:a-a.r,...... a.m�.va.c'ail.+i..m,�.z-v:61s'+3tar.:ru.w:m.�,.u,a...- a..�:.:.,.:ds. �awi:.+.Si:Z�/4a8iw:4.^win's:isru'4G.'�b4r,'�ec:�.uv�!acs+�.;,:r;s. s�bd�3c�?:v:.s.5t isr�:�i'.iY•::;.•�P-'rw".c. AUG 221973 eaox 17 Pig( 397 ON MOTION BY .COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING PROCEDURES FOR OBTAINING ROAD ABANDONMENTS AND FOR OBTAINING RELEASE OR VACATING OF EASEMENTS -TO BE SET AS..POLICIES OF THE BOARD OF COUNTY COMMISSIONERS. INSTRUCTIONS FOR OBTAINING RELEASE OR VACATING OF EASEMENTS FROM THE BOARD OF'COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA The following things must be done by the Applicant prior to the Board of County Commissioners release of any easement. 1. Submit a written request for release of easement to the County Administrator containing an accurate legal description of the easement to be released or vacated, (copy of Subdivision Plat if easement is in a Subdivision) and the purpose for which the release is being requested. AuI 2 2 1973 2. The County Administrator will submit the request to the Board of County Commissioners along with his recommenda- tions. If approved the applicant will have the required release prepared for signing by the Board. Releases must be approved by the County Attorney prior to pre- sentation to the Board. 3. If you have any questions, call the County Attorney. Procedure adopted by the Board of County Commissioners on day of , 1973. 11, - 51 - eaox 17 P4098 J,. r INSTRUCTIONS.FOR OBTAINING ROAD ABANDONMENTS FROM THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA The following things'must be done by the Applicant prior to the Board of County Commissioner's abandoning any road'or part thereof in Indian River County, Florida. 1. Submit a written request for abandonment to the County Administrator containing accurate legal description and purpose for which abandonment is being requested. 2. The County Administrator will submit the request to=the Board of County Commissioners along with his recommendations. If approved the applicant shall prepare the required resolutions and public notices to be published; (See Florida Statutes 336.09 and 336.10) have the resolutions -and notices approved by the County Attorney prior to publica- tion; get the hearing date approved by the County Administrator; publish required notice and pay for same and submit Proof of Publication to the Board; appear at the hearing; if finally approved by the Board of County Commissioners cause final Resolution i to be published and record all notices and Resolutions. 3. If you have any questions concerning the above, call the County Attorney. Procedure adopted by the Board of County: Commissioners on day of 1973. 52 AUG 2 2.1073.,, B�QK VA6f J�+�7 AUG 2 21973 ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, ' THE BOARD UNANIMOUSLY APPROVED PAYMENT OF $200.00 TO E.M.B..COLL"ARD APPRAISOR, FOR AN APPRAISAL OF FOUR BEACHFRONT LOTS IN PELICAN COVE SUBDIVISION II., AS REQUESTED BY THIS BOARD. THE BOARD DISCUSSED MAYOR ALFRED FLETCHER'S LETTER TO THE BOARD DATED AUGUST 15, 1973 REGARDING THE COUNTY:!S COMMITMENT TOWARDS THE PURCHASE OF BEACHFRONT LOTS NO. 1,2.3, AND 4, BLOCK I, PELICAN COVE SUBDIVISION II. ON APRIL 18, 1973, THE BOARD AUTHORIZED THE AMOUNT OF $200,000.00 TOWARDS THE PURCHASE OF THE ABOVE DESCRIBED BEACHFRONT LOTS, SUBJECT TO STATE AND FEDERAL REVENUE SHARING PAYING $400,000.00 AND THE CITY OF SERO BEACH CONTRIBUTING $200,000.00. THE TOTAL COST OF THE PROPERTY WAS $800,000.00 THE OWNERS OF THIS PROPERTY REJECTED THE CITY- OFFER OF $800,000.00 AND ON JUNE 4, 1973, THEY RAISED THE PRICE OF THIS PROPERTY TO $1,000,000.00. MAYOR FLETCHER ASKED IN HIS LETTER OF AUGUST 15, 1973, WHAT AMOUNT THE BOARD OF COUNTY COMMISSIONERS WILL COMMIT TOWARDS THE PURCHASE OF THESE LOTS AT THE NEW PRICE. AFTER MUCH DISCUSSION COMMISSIONER SIEBERT MOVED THAT THE COUNTY COMMIT UP TO, BUT NOT TO EXCEED, $230,000.00 OR ONE-FOURTH OF THE APPRAISED VALUE OF $920,000.00 ON LOTS 1,23, AND 4, BLOCK I, PELICAN COVE SUBDIVISION II, TO BE PURCHASED JOINTLY BY THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY, BEING TENANTS-IN-COMMON WITH EACH PART OWNING AN UNDIVIDED 1/2 INTEREST, SUBJECT TO RECEIVING STATE AND FEDERAL MATCHING FUNDS, CHAIRMAN LOY ASKED IF THERE WAS A SECOND TO THE ABOVE MOTION, THERE WAS NONE AND THE MOTION DIED FOR LACK OF A SECOND. - 53 - F y�; In AFTER FURTHER DISCUSSION A MOTION WAS MADE BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY THE BOARD UNANIMOUSLY APPROVED THAT THE ADMINISTRATOR BE AUTHORIZED TO REPLY TO MAYOR FLETCHER'S LETTER DATED AUGUST 15, 1973, STATING THAT THIS BOARD REAFFIRMS THEIR PREVIOUS COMMITMENT OF $200,000.00 TOWARDS THE PURCHASE OF LOTS 1,23 AND 4 BLOCK I, PELICAN COVE SUBDIVISION II, WITH THE UNDERSTANDING.THAT THE TITLE OF THE PROPERTY WILL BE IN JOINT OWNERSHIP BETWEEN THE COUNTY AND THE CITY. EACH PARTY WILL OWN AN UNDIVIDED 1/2 INTEREST AS TENANTS-IN-COMMON. THIS COMMITMENT TO BE IN EFFECT UNTIL NOVEMBER 1, 1973. THE ADMINISTRATOR WAS ADVISED TO INCLUDE IN THE i LETTER TO MAYOR FLETCHER THAT IF THIS PROPERTY CANNOT BE NEGOTIATED, THAT THE CITY BE REQUESTED TO PARTICIPATE WITH THE COUNTY IN SEEKING OTHER BEACHFRONT PROPERTY IN THE COUNTY. ON MOTION BY COMMISSIONER-.SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED DISCUSSING THE LETTER RECEIVED TODAY FROM HEPBURN WALKER, .JR.BECAUSE IT STATES AN EMERGENCY SITUATION. THE BOARD DISCUSSED THE LETTER RECEIVED FROM MR. WALKER REGARDING THE ST. CHRISTOPHER BEACH AREA OBTAINING t A WATER LINE FROM E MOORINGS UNDER AN AGREEMENT BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER.000NTY. MR. WALKER STATES HE WAS INFORMED THAT THE CITY OF VERO BEACH HAS NO INTENTION OF ABIDING WITH THE AGREEMENT. ST. CHRISTOPHER BEACH IS SITUATED .2 OF A MILE SOUTH OF THE MOORINGS AND THE WATER IN THAT AREA IS NOT FIT TO DRINK BECAUSE,OF THE HIGH SALT CONTENT, THE BOARD INFORMED MR. WALKER THAT THERE IS NOTHING THIS BOARD CAN DO AT THIS TIME, BUT THERE IS A MEETING SCHEDULED FOR SEPTEMBER 7, 1973 IN ATLANTA, GEORGIA WITH THE ENVIRONMENTAL PROTECTION AGENCY, THE CITY OF VERO BEACH, INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES TO DISCUSS AN E.P.A. GRANT OF 1.5 MILLION DOLLARS TO THE CITY OF VERO BEACH, WHICH IS CONTINGENT ON THE CITY OF VERO BEACH SERVING PORTIONS OF INDIAN RIVER COUNTY. AND THE TOWN OF INDIAN RIVER SHORES, - 54 - iii '17 PA4401 x: AtIG 2 21973 7 r rsmG 2 21973 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY$ THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE A nESOLUTION- HONORING THE FELIX POPPLE POST #39, AMERICAN LEGION BASEBALL ` TEAM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED .JAY A. SMITH, CIVIL DEFENSE DIRECTOR TO PURCHASE 3 FM TRANSCEIVERS, THE TOTAL AMOUNT NOT TO EXCEED $900.00. FUNDS TO BE TAKEN FROM THE 1972-73 BUDGET., ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER.MASSEY, CHAIRMAN Loy VOTED IN FAVOR, THE -BOARD UNANIMOUSLY APPROVED THE REQUEST FOR OUT -OF -COUNTY TRAVEL FOR FORREST N. MCCULLARS, COUNTY EXTENSION DIRECTOR TO THE UNIVERSITY OF FLORIDA, GAINESVILLE, FLORIDA, ON AUGUST 21ST TO 24TH, 1973. ON MOTION BY COMMISSIONER MASSEY SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION OF ALBERT .JAMES DELK FOR ADMISSION TO THE A.G. HOLLEY STATE HOSPITAL. THE SHERIFF FILED WITH THE BOARD A STATEMENT OF HIS APPOINTMENT OF CHARLES W. BRUMLEY, .JR. AS DEPUTY SHERIFF, AND THE SAID DEPUTY SHERIFF FILED HIS BOND WITH THE CLERK OF THE CIRCUIT COURT, WHICH WAS PRESENTED TO THE BOARD. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE CHAIRMAN VOTED IN FAVOR. THE BOARD UNANIMOUSLY APPROVED THE BOND OF SAID DEPUTY SHERIFF AND IT WAS ORDERED FILED WITH THE CLERK OF THE CIRCUIT COURT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLL FOR THE CIRCUIT COURT, SPRING;'TERM, IN THE AMOUNT OF $1,249.72 ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR RENEWAL PERMITS TO CARRY A FIREARM BY LEON G. BASS, J. RONNIE GRICE, .JAMES H. PAIGE, O.F. PIPPIN, DR. HOWARD J. PRESTON. AND GEORGE CHARLES, JR. — 55 — BDDIC ..t 1 PAGE` uro I F i 9 THE FOLLOWING CONTRACT HAVING BEEN CORRECTED, AS TO WITNESSES SIGNATURES, IS HEREBY BEING MADE A PART OF THESE MINUTES. C O N T R A C T - ,WHEREAS, by the terms and provisions of Chapter 71-183, Laws of Florida, 1971 (Sections 589.28-589.34, Florida Statutes, as amended by 1971 Legislature), Indian , the County of Rive r , Florida, hereinafter referred to as the "County", is authorized to appropriate funds and to enter into a cooperative agreement with the Department of Agriculture and Consumer Services, Division of Forestry, herein- after referred to as the "Department", for the purpose of.stimulating the product - Ion of timber wealth through the proper use of forest lands within the County and making and keeping the lands best suited to that purpose profitable to the owner thereof, the County and the State; and to protect and improve the beauty of urban and suburban areas, by helping to create in them an attractive and healthy environ- ment through the proper use of trees and related plant associations; WHEREAS, by the provisions of the said Chapter (Section 589.29, Florida Statutes), the Department is authorized to provide forest related assistance to counties and municipalities. Indian • WHEREAS, on the . 18thday of Anri 1 , 19_2.-, the Ri ver County Commission did, by resolution duly adopted at a regiilar meeting of the said Indian -River County Commission, determine that it is to the best interests of • the County and individual landowners therein that the produc:Lon of timber wealth through the.proper use.of forest lands and the protection and improvement of the. beauty of urban add suburban. areas be stimulated by entering into'a cooperative agreement with the Aepartment, as authorized by the said Florida Statutes: NOW, THEREFORE, this Cooperative Agreement made and entered into on this Indian 20th day of June 19 73 , by and between the County of River a duly � G 2 2 1gl 3 - 56 - 8001 ' 17 PAPAW } constituted county of the State. -of Florida, acting by and through the authority a -of its County-.Commisoioners°heretofore duly elected and qualified, hereinafter j designated as the'. 'County", and the State of Florida, Department of Agriculture- f and Consumer Services Division of Forest t - , ry, a department of government of. the � State of tlorida,.hereinafter.designated as the "Department" WITNESSETH, "that for and in consideration of the mutual covenants herein ' recited of.the respective parties hereto to be performed and the carrying into Indian i effect the said.resolution of the. River County Commission and of the �r provisions of the governing statutes of*the.Stat.e of Florida recited in the•pre- ' amble hereof, it is'agreed: i 1.. This Cooperative Agreement -shall be effective on the 1St day of October lg 73 , and continue in full force and effect from year to year thereafter unless written notice is given by either party to the -other at least thirty days prior to July.lst of any year of the intention to discontinue -the work provided for herein and to cancel this agreement. t 2. The County shall pay to -the Department from the general revenue funds of the County annually a sum equal to 40% of the amount necessary toprovide one ' man year of assistance.up to a maximum of $3,000 per annum for each man year covered by this agreement. This agreement provides for one (1) man year of assist- . °. ante and a maximum payment by the County of $3,000 per year. The Department shall ;provide the balance of the monies necessary to fund the'objectives of this.agres- meat. 3, By June let each year,.the Department shall prepare and submit to the County for its approval an estimate of the cost of providing the assistance covered by this agreement for the fiscal year beginning on July let and ending on June 30th, 57 AUG 2 2 Id/3 �. BDOK '17 PAGE404 • which, when approved by.the County, shall determine the amount of money to be provided by the County to the Department during that fiscal year. 4. The amount;of money payable by the County to the Department under the terms of this agreement for any fiscal'•period beginning July 1st and ending 'June 30th, shall be paid by the-County in two equal payments, one of which shall be paid on or before January 1st and the remainder before July lst, which.said payments when made shall be deposited by the Department in the incidental trust fund of the Division of Forestry. 5. ,The Department shall supply one•(1) man year of forestry assistance whose duty it will be to assure continuous growth value to timber landowners, and protection and improvement of the beauty of the urban and suburban areas of the County. The DistrictForester or his representative shall be responsible to the Director of the Division of Forestry for the faithful performance of the duties assigned tq him by the Division in carrying out this agreement. 6. The Department shall select, employ and supervise the work of such per- sons employed to carry out the provisions of this agreement. ;t 7. Upon termination of this agreement, the balance of all unexpended funds shall be returned pro rata to the Division of Forestry-and the County as provided -in Section 589.33, Florida Statutes. S. Not later than September 30th following the end of each fiscal year, or June 30th, the Department will furnish the County with a report covering the line of work undertaken, the results obtained, and forestry needs of the County. 9. No amendment, revision, alteration, or change in the provisions of this agreement, or any addition thereto or extension thereof, shall be valid and bind- ing upon the parties hereto, or either of them unless each amendment, revision, - 58 - 4UG 2 2193 $. eonK Pace X05 alteration, change, addition, or extension be reduced to writing and executed by the parties hereto. 10. This agreement when duly executed by the parties hereto, voids and super - Indian sedes the agreement executed by the County of River and the Florida Board of Forestry for similar purposes, dated June 20th, 1973. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in quadruplicate the day and year first above written. STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY BY Commiss oner of Agriculture Witness (for Commissioner) -Witness (for Commissioner) Approv as t foXA leg y L By: Resident ttorney Indian River COUNTY COMMISSION I n d i a n R i ve r COUNTY, FLORIDA BY Chairman, Board of County Commissioners ATTEST :44, / Clerk aW the Circuit Court AUG 2214-114 - 36 - V� 4 THE CHAIRMAN INFORMED THE BOARD OF A LETTER FROM WILLIAM AND SHIRLEY MACBLAIN WHICH PRESENTED THE FACT THAT THERE IS A PROBLEM IN OUR ZONING ORDINANCE WITH REGARD TO HORSES IN AN R-1 DISTRICT. THERE IS NOTHING IN OUR ZONING ORDINANCE THAT STATES IN AN R-1 DISTRICT YOU CANNOT KEEP HORSES IN YOUR FRONT YARD, ATTORNEY BURCH STATED THAT THIS SHOULD BE CORRECTED. -THE BOARD DIRECTED THIS PROBLEM TO THE PLANNING DEPARTMENT TO INVESTIGATE THIS SITUATION AND MAKE RECOMMENDATIONS TO THE BOARD REGARDING AN AMENDMENT TO THE ZONING ORDINANCE IN ORDER TO -1-NSURE PROPER CONTROL OF HORSES. 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. 1192 - 1215 INCLUSIVE; ROAD AND BRIDGE NOS. 0708 - 0718 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 0542 - 0546 INCLUSIVE; CAPITAL OUTLAY FUND NOS. 142, SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED THE BOARD ADJOURNED AT 6:45 O'CLOCK P.M. ATTEST: Llnk - 60 - A4 LHA I RMAN