The URL can be used to link to this page

Home My WebLink About11/21/1973J I E7 WEDNESDAY, NOVEMBER 21, 1973 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 21, 1973 AT 8:30 01CLOCK A.M. PRESENT WERE ALMA LEE LOY, CHAIRMAN; EDWARD J. MASSEY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; JACK U. DRITENBAS; AND RICHARD P. BOGOSIAN. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; L. S. THOMAS, COUNTY FINANCIAL COORDINATOR; ROY KIRKLAND AND ELIZABETH FORLANI, DEPUTY CLERKS AND JAMES REAMS, DEPUTY SHERIFF. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 1, 1973. CHAIRMAN LOY REQUESTED ON PAGE 2, SIXTH PARAGRAPH, THE DATE 'JULY 1974" BE CHANGED TO READ "JULY 1973`. CHAIRMAN LOY REQUESTED ON PAGE 4, FIRST PARAGRAPH, FIRST SENTENCE, "RICHARD NEAL" BE CHANGED TO READ "RICHARD NEILL". THESE CORRECTIONS HAVING BEEN MADE ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMIOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 1, 1973 , AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 1973. COMMISSIONER DRITENBAS REQUESTED THAT ON PAGE 3, SECOND PARAGRAPH, THAT PORTION OF THE FIRST SENTENCE READING, "...LEASED PROPERTY AND MR. ZORC STATED HE WILL RELINGUISH THIS PARCEL OF LAND", BE CHANGED -TO READ, ".,.LEASED PROPERTY AND ST. FRANCIS MANOR WILL RELINQUISH THIS PARCEL OF LAND." 0:1'1x3 40 a '67 ATTORNEY BURCH REQUESTED THAT ON PAGE 24, THIRD PARAGRAPH, SECOND SENTENCE BE CHANGED TO READ: "ATTORNEY BURCH DID NOT HIRE THE APPRAISOR BECAUSE THE COST WAS, IN HIS OPINION, HIGHER THAN HE THOUGHT THE COMMISSIONERS HAD ANTICIPATED AND HE WAS BRINGING IT BEFORE THE BOARD FORITHEIR RECOMMENDATIONS " COMMISSIONER DRITENBAS REQUESTED THAT ON PAGE 46 THE FOLLOWING SENTENCE BE ADDED TO THE BOTTOM OF.THE PAGE. "THE FOLLOWING FIFTEEN PAGES ARE EXCERPTS TAKEN FROM THE COUNTY COMMISSION MINUTES OF SEPTEMBER 19TH AND OCTOBER 10TH, 1973." COMMISSIONER SIEBERT REQUESTED ON PAGE 7, AFTER THE SIXTH PARAGRAPH, THE FOLLOWING PARAGRAPH BE INSERTED. "COMMISSIONER SIEBERT POINTED OUT THAT HE UNDERSTOOD THAT THERE WAS NO FORMAL WRITTEN AGREEMENT ON THE AVAILABILITY OF WATER METERS AND IT WAS NOT INCLUDED IN THE OFFER OF THE SALE " THESE CORRECTIONS HAVING BEEN MADE ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 1973, AS WRITTEN. CHAIRMAN LOY BRIEFLY INFORMED THE BOARD OF A SERIES OF EVENTS REGARDING A TRIP TO TALLAHASSEE WITH COMMISSIONERS" BOGOSIAN AND SIEBERT AND ATTORNEY BURCH TO DISCUSS WITH VARIOUS CABINET OFFICIALS AND AIDES THE NEGATIVE FEELINGS OF THE CITIZENS OF INDIAN RIVER COUNTY REGARDING THE PRISON FACILITY PROPOSED FOR INDIAN RIVER COUNTY. CHAIRMAN Loy STATED THAT THE OUTCOME OF THEIR MEETINGS WAS THAT THE PRISON PROJECT WAS DEFERRED FOR FURTHER STUDY. COMMISSIONER SIEBERT COMPLIMENTED THE CHAIRMAN ON DOING AN EXCELLENT JOB OF CONVEYING THE COUNTY'S WISHES. ATTORNEY BURCH STATED THAT WHILE IN TALLAHASSEE HE STOPPED IN THE ATTORNEY GENERAL'S OFFICE TO QUESTION WHEN HE COULD EXPECT A RESPONSE TO HIS LETTER REQUESTING OPINIONS ON SEVERAL QUESTIONS PERTAINING TO COUNTY PLANNING PROCEDURES. THE FOLLOWING LETTER WAS RECEIVED FROM THE ATTORNEY GENERAL'S OFFICE - 2 - 0 a AND IS HEREBY BEING MADE A PART OF THESE MINUTES. STATE or FLORIDA DEPART,IEti'T OF LEGAL AFFAIR'S P• oj'ptcE OF THE ATTORNEY GEAER&L OF0.0THE CAPTSOL TAU'&wAssE, gLOUTDA =304 ROBERT L. SH -1 �trowNsr oeaeaw� ' November 19, 1973 Honorable Paul D. Burch County Attorney Indian River county Road a Bridge Department Room 115, Courthouse Vero Beach, Florida 32960 Re: COUNTIES --comprehensive planning for future development--int125o01 rafter aandg eeme65 nts. 55125.01(j)(8), F.S. Dear Mr. Burch: r letter requesting an opinion on This is in response to you the following questions: 1.S PART II, COUNTY AND MUNICIPAL PLANNING FOR FUTURE DEVELOPMENT, CHAPTER 163, FLORIDA STATUTES 1971, PERMISSIVE ONLY OR MANDATORY? R TO QUESTION ONE IS 2. IF THE ANSWE "PERMISSIVE ONLY", DOES FLORIDA STATUTE 125.01(1)(8) PROVIDE SUFFICIENT AUTHORITY FOR THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, OF FLORIDA, EXPEND PREPARATION HENSIVE PLANRFOREINDIAN RIVER COUNTY? MPRE— i 3. MAY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ENTER INTO AN AGREEMENT WITH ANOTHER GOVERNMENTAL AGENCY FOR THE JOINT PREPARATION OF A COMPRE— HENS SPS, UNDER D1) (g)E AUTHORITYSTATUTE. 01( (P) FLORIDA DA 125.01(3)(a) and (b)?-" a N O V 21.1973 • A • a , i BOOK iS PAA242' Honorable Paul D. Burch Page Two - Your question four will be answered in a separate letter. QUESTION ONE The provisionsof Part II, County and Municipal Planning for Future Development Chapter 163, Florida Statutes, are permissible and not mandatory. This is made clear by the language found at Section 163.165(3), Florida Statutes, which states that: "Any governing body of any county or any incorporated municipality may, but shall not be required to exercise any of the powers granted by this part. .° (e.s.) QUESTION TWO Section 125.01(i)(g), supra, states that the county governing body shall have the power to carry on county government, includ- ing, inter alia, the power to•prepare and enforce comprehensive plans for the development of the county. This section authorizes the budgeting and expenditure of tax funds by the Board of County Commissioners in order to prepare comprehensive plans for development. QUESTION THREE Section 125.01(1)(p), supra, authorizes a county to enter into agreements with governmental agencies within or outside the boundaries of the county "for joint performance, or performance by one unit in behalf of the other, of.any of either agencies authorized functions." This action would clearly authorize • the Board of County Commissioners to enter into an agreement with another governmental agency for the joint preparation of a comprehensive plan. This is an informal opinion which has been prepared by the legal staff of the Department of Legal Affairs and should not be con- .sidered a formal Attorney General's Opinion. Sincerely, ROBERT L. SHEVIN _ •� ATTORNEY GENERAL S aryn�smith • Assistant Attorney General RLS/Ssf qn . NOV 11973 BOOK— i8 PAG243 THE BOARD DISCUSSED THE FOLLOWING LETTER FROM MICHAEL C. DURWIN REGARDING THE APPOINTMENT OF A BICYCLE PATH COMMITTEE TO PREPARE A CITY -COUNTY f'1ASTER PLAN FOR BICYCLE PATHS TO BE r PRESENTED FOR CITY -COUNCIL AND COUNTY COMMISSION APPROVAL. VERO BEACH PLANT Piper Aircraft Corporation �_ Vero Beach, Florida 32960 c. (305) 567-4361 tl Cw B.. ADDRESS CUB November 9, 1973 Chairman Alma. Lee Loy County Commission 2036 35th Ave. Vero Beach, Florida 32960 Dear Miss Loy: As an outgrowth of three meetings of an unofficial Bicycle Path Committee gathered by Val Brennen, Vero Beach -Indian River County Planning Director, I, as temporary chairman, have been directed to request the County Commission and City Council to appoint an official committee with legal status. This committee's object should be to follow through on the establishment of an approved City/County Master Plan for bicycle paths and coordinate the phase implementation of this plan. This unofficial committee has presently made arrangements with the University of Florida, Architectural Planning Department, to come to the area and prepare a pro posed master plan. This master plan will cost the city and county $250.00 each., The other costs of maintaining this group while here would be handled by community efforts. Therefore, we would like your group to consider an appointment of a joint committee of seven individuals. The following individuals are highly recommended for various reasons: City Council, Stewart Campbell; County Commission, W. Siebert; School Board, Samuel Hunter (Wm. McClure will be happy to make these arrangements); Indian River County Sheriff, Sam Joyce; Vero Beach Police Department, Lt. Walt Mills; and one person to represent the older segment of our population. President of the American Association of Retired People, Mrs. George Abbey, has agreed to recommend a suitable person for your consideration. Our committee then suggested that Michael C. Durwin be considered as the seventh member representing interested parents and for coordination between the original committee and the official committee. Then in addition, the following exoffi.cio members should be included: Planning Director, Val Brennen; Public Works Director, Lewis Green; Department of Transportation, Billy Howard. There are several obvious reasons for a comprehensive planned bike path system within the city and county area. In order to establish this plan before circumstances require bicycle paths, a quick favorable response on this proposal to approve this committee and the needed funds is urgently requested. Sincerely yours, e 1, hl ichael C. Durwin Chairman MCD:em - 5 - NOV 211973 1 244 THE BOARD DISCUSSED AREAS THAT COULD BENEFIT FROM BICYCLE PATHS, VAL BRENNAN, PLANNING DIRECTOR STATED THAT THE DEPARTMENT OF TRANSPORTATION HAS NEW REGULATIONS IN WHICH THEY WILL CONSIDER BICYCLE PATHS IN THE DESIGN OF ALL NEW PRIMARY AND SECONDARY ROADS, CHAIRMAN Loy STATED THAT SHE HAD NO OBJECTION TO A COMMITTEE, BUT FELT THE PLANNING DEPARTMENT HAS THE CAPABILITIES TO PREPARE A PROPOSAL FOR A MASTER PLAN AND SHE ALSO STATED THAT THERE ARE MANY WILLING MEMBERS OF THE COMMUNITY WHO WOULD WORK ON THIS PROJECT, COMMISSIONER BOGOSIAN STATED THAT HE FELT BICYCLE PATHS ARE NEEDED AROUND SCHOOL AREAS SO CHILDREN CAN GO_:TO°AND FROM SCHOOL IN SAFETY BUT, HE ADDED, JUST TO PUT IN A BICYCLE PATHS FOR A SMALL PORTION OF THE CITIZENS WOULD BE A WASTE OF MONEY, COMMISSIONER DRITENBAS STATED THAT THERE ARE OTHER AREAS THAT NEED BICYCLE PATHS BESIDE SCHOOL AREAS, IN ORDER TO PROVIDE SAFETY TO ALL BICYCLE RIDERS. COMMISSIONER DRITENBAS SUGGESTED A COMBINATION SIDEWALK AND BICYCLE PATH. IT WAS STATED THAT THE CITY COUNCIL OF VERO BEACH HAD ACCEPTED THE PROPOSAL AS PRESENTED BY MICHAEL DURWIN. ON MOTION BY COMMISSION DRITENBAS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE T COMMITTEE AS OUTLINED BY MICHAEL C. DURWIN, IN HIS LETTER OF NOVEMBER 9, 1973, BUT TO ALSO INCLUDE THE OPTION TO APPOINT UP TO TWO ADDITIONAL MEMBERS TO SERVE ON THIS COMMITTEE WHICH COULD POSSIBLY INCLUDE THE COUNTY ADMINISTRATOR. THE BOARD AGREED THAT THIS OPERATION SHOULD BE HANDLED BY THE PLANNING DEPARTMENT. THE PLANNING DEPARTMENT WILL THEN COME TO US WITH THEIR RECOMMENDATIONS FOR THE EX- PENDITURE OF FUNDS. -6-- NOV - NOV 211973 18 ruf 245 L 4 MARVIN CARTER, SURVEYOR, J.R. GRAVES, SJR., AND DEAN LUETHJE, ENGINEER, REPRESENTING GRAVES BROTHERS COMPANY APPEARED REQUESTING TENTATIVE APPROVAL OF ESQUIRE ESTATE SUBDIVISION. THE BOARD WAS INFORMED THAT THE DEPARTMENT OF POLLUTION CONTROL HAS CHANGED THEIR REQUIREMENTS. THIS CHANGE IN THEIR REQUIREMENTS CAUSES A CONFLICT IN OUR SUBDIVISION REGULATIONS. AFTER MUCH DISCUSSION A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD TENTATIVELY APPROVED ESQUIRE ESTATE SUBDIVISION SUBJECT TO ALL DRAINAGE PROBLEMS BEING WORKED OUT BEFORE THIS PROJECT COMES BEFORE THIS BOARD FOR FINAL APPROVAL. .JOHN CALMES REPRESENTING VISTA PROPERTIES OF VERO BEACH, INC. AND .JAMES BEINDORF, COUNTY CONSULTING ENGINEER APPEARED BEFORE THE BOARD TO DISCUSS A SOUTH COUNTY SEWER AND WATER AGREEMENT BETWEEN INDIAN RIVER COUNTY AND VISTA PROPERTIES. ON MAY 23, 1973, VISTA PROPERTIES AGREED TO CONSTRUCT SEWER AND WATER FACILITIES IN THE SOUTH COUNTY AREA AT THEIR VISTA ROYALE DEVELOPMENT AND WHEN COMPLETED TO TURN THESE FACILITIES OVER TO THE COUNTY. MR. BEINDORF STATED THAT HE REVIEWED THE AGREEMENT AND HAD NO OBJECTIONS, BUT DR. DAVID SMITH HAD NOT REVIEWED THIS AGREEMENT. THERE WERE TWO AREAS THAT THE BOARD FELT NEEDED FURTHER CLARIFICATION, THE FIRST BEING, AT WHAT -STAGE IN VISTA ROYALE DEVELOPMENT WOULD THE COUNTY TAKE OVER THIS SEWER AND WATER SYSTEM AND THE SECOND BEING, RATES CHARGED TO RESIDENTS. THE BOARD AGREED THAT THE RATES CHARGED SHOULD BE SUBJECT TO CHANGE BY THE BOARD IF THEY SO DESIRE, - 7 - NOV 211973 . �ao� 1& Pig 2'4 r NOV 211973 ATTORNEY SURCH WILL MEET WITH JOHN CALMES AND THE COUNTY CONSULTING ENGINEERS TO REVIEW THIS AGREEMENT AND THE RECOMMENDATIONS OF THE BOARD AND PRESENT IT AT THE NEXT COUNTY COMMISSION MEETING. JAMES BEINDORF INFORMED THE BOARD THAT THE 190 DAYS EXTENSION GIVEN TO THE BOARD BY FARMERS HOME ADMINISTRATION REGARDING A DECISION BY THE BOARD TO PROCEED WITH A COUNTYWIDE SEWER AND WATER SYSTEM WILL BE OVER THE END OF DECEMBER AND MR. BEINDORF REQUESTED A MEETING BE SCHEDULED TO DISCUSS GUIDELINES FOR THE COUNTY CONSULTING ENGINEERS TO FOLLOW. THE BOARD AGREED TO DISCUSS THIS LATER IN THE MEETING. VAL BRENNAN, CITY -COUNTY PLANNING DIRECTOR APPEARED TO DISCUSS THE "701" FEDERAL PLANNING ASSISTANCE PROGRAM FOR 1973-74. THIS PROGRAM IS BASED ON A ONE-THIRD LOCAL AND TWO- THIRDS FEDERAL PARTICIPATION. ON THE LOCAL LEVEL IT WAS AGREED THAT THE CITY WILL PARTICIPATE 40% AND THE COUNTY 607 IN THE COST OF THIS PROGRAM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED. -THE "701" FEDERAL PLANNING ASSISTANCE PROGRAM AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. THE COST TO THE COUNTY WILL BE APPROXIMATELY $5,743.00. CHRISTINE RUBINAS REPRESENTING THE STATE MANPOWER COUNCIL APPEARED TO INFORM THE BOARD OF AN EXECUTIVE ORDER No. 73-61 FROM GOVERNOR REUBIN O'D ASKEW REGARDING THE CREATION OF THE STATE MANPOWER COUNCIL WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMERCE. UNDER THE STATE MANPOWER COUNCIL, REGIONAL MANPOWER P AFVJNG BOARDS WILL BE SET UP TO INCLUDE THE FOLLOWING: 1. EACH CQUNTY COMMISSION WITHIN THE REGIONAL PLANNING DISTRICT WILL RECOMMEND THREE REPRESENTATIVES TO BE APPOINTED BY THE GOVERNOR: ONE EACH FROM THE CLIENT, PUBLIC, AND AGENCY SECTORS 9. THE REGIONAL MANPOWER PLANNING BOARDS WILL ELECT A BBC% LD nc1247 t CHAIRMAN PREFERRABLY FROM THE PUBLIC SECTOR, 3. TWO OF THE THREE INITIAL APPOINTMENTS WILL SERVE A ONE YEAR TERM. ALL OTHER APPOINTMENTS WILL BE FOR TWO YEAR TERMS, MRS. RUBINAS STATED THAT THE GOVERNOR HAS REQUESTED THAT RECOMMENDATIONS FOR THESE APPOINTMENTS BE MADE AVAILABLE TO HIM BY DECEMBER 15, 1973. THE BOARD ADJOURNED AT 12:15 O'CLOCK P.M. AND RECONVENED AT 1:35 O'CLOCK P.M. THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being .. — In the matter of A 4=2te- In the Court; was pub - lashed in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this, ZeR �VVV (Business Manager) (Clerk of Circuit Court, Indian River County, Florida) (st:Au —9 NOTICE OF PUBLIC HEARING The Board of County Com- missionersof Indian River County, Florida, w;+l, en the 71st day of N:,vember, , 1913-3; 1:30 P.M. in the Board of County Commissioners' room at the Indian River County Courthouse, Vero Beach, Indian River County, Florida, consider granting an exclusive franchise to Clifford S. Reuter and Leonard J. Hatale to erect, construct, operate and maintain a water and sewer system within all that part of In. dian River County, Florida, located within the following described boundary lines, to wit: All of Tract 3 and North 20 Acres of Tract 6, Section 26, Township 33 South, Range 39 East. Proposed changes will be hookup, water — $200; sewer — S250; monthly rates, water — s4.00 or BS cents per 1,000 gal. whichever Is greater; sewer — &1.00 or 65 cents per 1,000 gal. whichever is greater. Parties In interest and citliens will be heard by the Board at said Public Hearing. This 71h day of November, 1973. Board of County Commissioners, Indian River County, Florida. By: Alma Lee Loy Chairman Approved for public hearing -Board of County Commissioners Indian River County, Florida. Date: November 7, 1973 0y: -s -Jack G. Jennings Nov. 11. 1973. Nov 21)973 BOOK 18 ?A9 24.8- t i CLIFFORD REUTER APPEARED AND MADE HIS PRESENTATION. CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD. • THE ADMINISTRATOR AND THE COUNTY CONSULTING ENGINEER STATED THAT THE FRANCHISE REQUIREMENTS WERE MET AND THEY HAD NO OBJECTIONSi. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE SEWER AND WATER FRANCHISE FOR OSLO LAKE MOBILE HOME PARK AS REQUESTED BY -CLIFFORD REUTER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE OSLO LAKE MOBILE HOME PARK SEWER AND WATER FRANCHISE RESOLUTION. 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 -Journal, a weekly newspaper Published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a —7�`<a _ C1 — — — --- ------- ---/----��--- ----- In the matter of i — ....-------- in the --- ---------- ----- Court, was pub - fished in said newspaper in the issues of .__- -- ----- 77 – 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 pub'ished in said Indian River Countv, Florida, weekly ar.d 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- tiserrent; 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 thi5�-• day of . A r i J ,j P. (Business Manager) i (SEAL) (Clerk of the C cult Court, Indian River: County, Florida) — 10 — NOTICE OF PUBLIC NEARING The Board of County Com. mlSsionerSofIndian River County, Florida, will on the 21st day of November, 1973, at 1:30 P.M. in the Board of County Commissioners room at the Indian River County Courthouse. Vero Beach, Indian River County, Florida, consider granting an exclusive franchise for 40 years to: Earl H. Groth and C. Reed Knight, 99 Royal Palm. Boulevard, Vero Beach, Florida 32960, to erect•construct, operate and maintain a sewer system, and a Water system within all that part of Indian River County, Florida, located within the following described boundary lines, to. wit: Tracts 4 and 5, Section 6, Township 33 South, Range 39 East, according to blat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2. page 25, less road right -of. way; said lands now lying and being in Indian River County, Florida. Franchiserates and hookup charges will be as follows: $2.50 per month for water S2.50 per month for sewer. Hookup charges — Water and Sewer — S5.00 each Parties in interest and citizens will be heard oy the Board at said Public Hearing. The 21st day of November, 1973. Board of County Commissioners Indian River County Florida. 13y: -s Alma Lee Loy Chairman Approved for public hearing Board of County Commissioners Indian River County, Florida Date: Nov. 6. 1973 By:S-Jack G. Jennings Nov. 11, 1973. seek 18 ?Ac, 49 L ROBERT .JACKSON, ATTORNEY REPRESENTING VILLAGE GREEN. MOBILE HOME PARK APPEARED AND MADE HIS PRESENTATION, .JAMES BEINDORF, COUNTY CONSULTING ENGINEER, STATED THAT HE HAD NO OBJECTION TO THE ISSUANCE OF A SEWER AND WATER FRANCHISE TO VILLAGE GREEN MOBILE HOME PARK. THE ADMINISTRATOR STATED THAT VILLAGE GREEN MOBILE HOME PARK HAD MET ALL UTILITY FRANCHISE REQUIREMENTS, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE AND.ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE SEWER AND WATER FRANCHISE FOR VILLAGE GREEN MOBILE HOME PARK SUBJECT TO THE APPROVAL OF THE RESOLUTION BY THE COUNTY ATTORNEY AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. 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 -Journal, a weekly newspaper published at Vero Beach in IndianRiverCounty, Florida; that the attached copy of advertisement, being a �CL e% ---- In the matter of 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 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 met 's _ da o -c (Business Manager) (SEAL) -- - (Clerk of the Circuit Court, Indian River County, Florida) Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, November 21, 1973; at 1:30 P.M. Board of County • Commissioners Indian River County By: Alma Lee Loy, Chairman Indian River County Zoning Commission By: Ratph Sexton, 11 a Chairman NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, .Florida, has ten- tatively approved the following changes and additions to the Zoning Ordinance of Indian River County,.... Florida, which changes and ad• di tions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to - Commence at the northeast corner of Government Lot 3, Section 21, Township 33 -South, Range 40 -East, run North 89 degrees 58' 02" West along the north Iine of Government Lot 3 a distance of 84.11 feet to the point of beginning; thence run South 0 degrees, 01' 58" West a distance of 208.71 feet; thence run South. 89 degrees, 58' 02" East a distance of 208.71 feet; thence. run South 0 degrees, 01' 58" a distance of 261.90 feet; thence run South 16 degrees,32' 22" East a distance of 329.45 feet; thence run South 81 degrees, 15' 58" West and along the shore of - Indian River a distance of 297.19 feet; thence run North 78 degrees, 22'_22" West along the shore of Indian River a distance of 530.60 feet;.thence run North 61 degrees, 39' 12" West along the shore of the Indian River a distance of 442.11 feet; thence run North 83 degrees, 06' 02" West along the shore of the Indian River a distance of 287.23 feet; thence run North 50 degrees, 42' 36" East a distance of 759.03 feet;, thence run South 89 degrees 58' 02" East a distance of 598.0 feet to the point of beginning. Containing 17.94 acres all lying in Section 21, Township 33 -South, Range 40- East, Indian River County, Florida. Be changed from R -IA Single. Family District to R-3 Multiple Dwelling District. A public hearing in relation thereto at which parties in interest and citizens shall have an op. portunity to be heard will be held by said Zoning Commission in the County Commission Room,- Indian River County Courthouse, Vero Beach, Florida, Thursday, October 25, 1973, at 1:30. P.M., after which a public hearing in relation thereto, at which parties in interest and citizens Shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County /• Oct. 4, 1973. �IOV 2 11873 MAW F t MICHAEL O'HAIRE, ATTORNEY REPRESENTING THE MOORINGS DEVELOPMENT COMPANY AND .JORGE GONZALEZ, PRESIDENT OF THE MOORINGS DEVELOPMENT COMPANY APPEARED AND MADE THEIR PRESENTATION. THERE ARE APPROXIMATELY 17 ACRES OF LAND PROPOSED FOR REZONING. THIS PROPERTY IS SURROUNDED BY THE MOORINGS GOLF COURSE AND THE INDIAN RIVER. THERE ARE NO RESIDENTS WITHIN 300 FEET OF THIS AREA. CHAIRMAN SOY ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO BE HEARD. HEPBURN WALKER, ST. CHRISTOPHER BEACH, APPEARED IN FAVOR OF THIS ZONING CHANGE. JEROME KRAMER REPRESENTING THE VERO BEACH ASSOCIATION WAS OPPOSED TO ANY REZONING IN THE SOUTH BEACH AREA AND REMINDED THE BOARD THAT THERE IS A LAW SUIT NOW PENDING INVOLVING THE BOARD'S DECISION TO DENY REZONING OF PROPERTY TO MULTIPLE FAMILY DWELLINGS IN THE SOUTH BEACH AREA. MR. KRAMER WAS IN OPPOSITION TO THIS ZONING CHANGE. CLOYD ELIAS, REPRESENTING THE BILLOWS BY THE SEA STATED THAT THEY WERE IN FAVOR OF THIS ZONING CHANGE. BOBBIE KENDRICK, SURFSIDE TERRACE APPEARED IN OPPOSITION TO THE CHANGE IN ZONING. PETER BENEDICT REPRESENTING ST. EDWARD'S SCHOOL APPEARED TO ENDORSE THE REZONING OF THIS PROPERTY AND MR. GONZALEZ' PROJECT, GRANT WORTMAN, SURF,.IDE.TERRACE APPEARED IN OPPOSITIO:l TO THE REZONING OF THIS PROPERTY. TOM HACKETT APPEARED IN OPPOSITION TO THE ZONING CHANGE CHET RINGENOLDUS APPEARED IN FAVOR OF.-T.HIS ZONING CHANGE. ROBERT RAMSDELL APPEARED IN FAVOR OF THIS ZONING CHANGE. N. GIBSEN APPEARED STATING THAT REZONING OF THIS PROPERTY TO CONSTRUCT GOLF,COTTAGES WOULD BRING IN TRANSIENTS WHO WOULD RENT THESE COTTAGES ON A MONTH TO MONTH BASIS, AND HE WAS OPPOSED TO THIS. 12 - PW 211973 BOOK 18- w[251. . BoB-HOLMAN, CHAIRMAN OF THE BOARD OF TRUSTEES OF' ST. EDWARD'S SCHOOL APPEARED TO ENDORSE THE REZONING OF THIS PROPERTY. THIS APPLICATION FOR REZONING -REQUESTED A ZONING CHANGE FROM R -IA SINGLE FAMILY DISTRICT TO R-3 MULTIPLE DWELLING DISTRICT AND WAS SO ADVERTISED. MR. O`HAIRE INFORMED THE BOARD THAT -THE REQUEST FOR R-3 ZONING WAS MADE BECAUSE R -2B CLASSIFICATION WAS NOT AVAILABLE AT THAT TIME. HE FURTHER STATED THAT THE MOORINGS DEVELOPMENT COMPANY WOULD ACCEPT A REZONING TO A R -2B CLASSIFICATION. A MOTION WAS MADE BY COMMISSLONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THAT THE R -2B REZONING REQUEST BY THE MOORINGS DEVELOPMENT COMPANY AND THE ADOPTION OF THE FOLLOWING RESOLUTION BE APPROVED, THE BOARD REQUESTED TIME FOR,MORE DISCUSSION AND COMMISSIONER BOGOSIAN ASKED VAL BRENNAN, PLANNING DIRECTOR FOR HIS COMMENTS. MR. BRENNAN STATED THAT IN HIS OPINION, THE ZONING • COMMISSION DENIED THIS REZONING REQUEST BECAUSE THEY ARE -UNDER THE IMPRESSION THAT THE COUNTY COMMISSIONERS HAVE ISSUED A MANDATE STATING THAT THERE WOULD BE NO REZONING OF PROPERTY TO R-2 ZONING IN THE SOUTH BEACH AREA AND THAT MAY HAVE BEEN THEIR REASON FOR DENYING THIS PROJECT, COMMISSIONER DRITENBAS STATED THAT HE FEELS WE SHOULD DEFER APPROVING THIS REZONING UNTIL THE GOLF COURSE IS ALSO REZONED FROM R-1 TO AGRICULTURAL DISTRICT. AND THIS WHOLE AREA INCLUDING THE GOLF COURSE AND PROPERTY IN QUESTION TODAY SHOULD BE BROUGHT TO THE BOARD FOR REZONING AS ONE PACKAGE. THE CHAIRMAN STATED THAT THERE WAS A MOTION ON THE FLOOR, COMMISSIONER DRITENBAS VOTED IN OPPOSITION AND THE BOARD ADOPTED THE FOLLOWING RESOLUTION No. 73-73 - 13 - N O V 2119113 saqk act;? RFSOLUTInN NO. 73-7 WITERLAS, the Zoning Commission of Indian Piver County, Florida did,.after public hearing, make its final report denying changes and additions to the Zoning Ordinance of Indian Piver county, Flor- ida; and whirr As , this Eoard 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 Zoninq Ordinance of Indian River County, Florida, and the accompanying Zoning *tap, he changed as follows• • 1. That the Zoning Map be changed in order that the following -tdescribed property owned by The floorings Development Company, situated in Indian River Ccinty, Florida, to -wit: Commence at the northeast corner of novernment Lot 3, Sec- tion 21, Township 33 -South, Range 40 -Fast, run North 89 de- grees 58' 02" West along the north line of Government Lot 3 a distance of 84.11 feet to the point of beginniro; thence run South 0 degrees 01' 58" West a distance of 208.71 feet; thence run South 89 degrees 58' 02" East a distance of 208.71 • feet; thence run South 0 degrees 01' 58" West a distance of 261.90 feet; thence run South 16 degrees 32' 22" East a dis- tance of 329.45 feet; thence run South 81 degrees 15' 58" west and along the shore of Indian River a distance of 297.19 feet; thence run Vorth 78 degrees 22' 22" West along the shore of Indian River a distance of 530.60 feet; thence run Forth 61 de- grees 39' 12" West along the shore of the Indian Piver a dis- tance of 442.11 feet; thence run North 83 degrees 06' 02" West along the shore of the Indian River a distance of 287,23 feet; thence run North 50 degrees 42' 36" East a distance of 759.03 - F feet; thence run South 89 degrees 58' 02" Fast a distance of 598.0 feet to the point of beginning. Containing 17.94 acres all lying in Section 21, Township 33 -South, Range 40 -East, Indian River County, Florida. Be changed from R -1A Single Family District to R -2B Multiple Family District. All within the meaning and intent and as set forth and descrj" in said Zoning Regulation. COMMISSIONER DRITENBAS STATED THAT HE VOTED IN OPPOSITION TO THIS REZONING BECAUSE HE FEELS THE GOLF COURSE o- REZONING TO AGRICULTURAL AND THE R -2B ZONING SHOULD BE, PRESENTED.TO THE BOARD AS ONE PACKAGE. 14 - NOV 211973 eaox 1 ?4E253- . 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 c _ Beach iin Indian River County, Florida; that the attached copy of advertisement, being r —in the matter of! _sem,:-. ! •_�+.-..0 ._..— • to the _ _ Court, was pub- lished in said newspaper in the issues of 73 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. • Sworn to and subscribed before me this _ f,� � _' A.D. l eJ 7`3_ – �.-.. v (Business Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAQ NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has ten- tatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and ad- ditions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property, situated -in Indian River County, Florida, to - wit: From the Southwest corner of Section 28, Township 31 -South, Range 39 -East, Indian River County, Florida, run North along said line 547.05 feet; thence, run East 220.00 feet to point of beginning; thence, run East 50.00 feet; Thence, run North 125.00 feet; thence run west 5o.00 feet; thence, run South 125.00 feet to the point of beginning. Lot No. S. Be changed from C-1 Com- mercial District to R-1 Single Family District. A public hearing In relation thereto at which parties in interest and citizens shall have an op. portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, October 25, 1973, at 7:30 P.M., after which a public hearing in relation thereto, at -which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, November 21, 1973, at 1:30 P.M. Board of County Commissioners Indian River County By: Alma Lee Loy, Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman Oct. 4, 1973. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. BOARD. THOMAS EALY APPEARED AND MADE HIS PRESENTATION TO THE THIS REQUEST FOR A ZONING CHANGE WAS APPROVED BY THE ZONING COMMISSION. 15 — NOV 21 1973 Boox18 aI,F� ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REZONING AND ADOPTED THE FOLLOWING RESOLUTION. RESOLUTTON NO. 73-74 TIIIERrAS, the Zoning Commission of Inlian River. County, Florida, did, after public hearing, make its final report recommendirg chanrrns and additions to the Zoning Ordinance of Ineian river Grunts, rlor- ida, and, T%IIEr,EAS, this Poard 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 Fiver County, Florida, that the Zoning Ordinance of Indian Fiver County, Florida, and the accompanying Zoning Plan, be charged as follows: 1. That the Zoning Map be changed in order that the following ") described property owned by Thomas Faly and Cathering Ealy, his wife, situated in Indian River County, Florida, to -crit: From the Southwest corner of Section 28, Township 31 -South, Range 39 -Past, Indian River County, Florida, run P7orth along_ said section line 574.05 feet; thence, run Fast 170.00 feet to point of beginning; thence, run East 50.00 feet; thence, run North 125.00 feet; thence run West 50.00 feet; thence, run South 125.00 feet to the Point of beginning. Lot f4. From the Southwest corner of Section 23, Township 31 -South, Range 39 -East, Indian River County, Florida, run Porth along said line 547.05 feet; thence, run Fast 220.00 feet to point of beginning; thence, run East 50.00 feet; thence, run. Porth 125.00 feet; thence run T-test 50.00 feet; thence, run South 125.00 feet to the point of beginning. Lot #5. Be changed from C-1 Commercial District to R-1 Single Family District. All within the meaning and intent and as set forth and described in said Zoning Regulation. - 16 - NOV 211973A BOOK 18, aGE25 THE BOARD INSTRUCTED THE PLANNING DEPARTMENT TO CONVEY THE BOARD'S SENTIMENTS TO THE ZONING COMMISSION TO CONSIDER RE— ZONING OF THIS AREA LOCATED NORTH OF S.R. 520 AND WEST OF THE FLORIDA EAST COAST RAILROAD FROM C-1 To R-1 DISTRICT. THE BOARD DISCUSSED THE STATEMENT MADE BY MR. BRENNAN REGARDING THE POSSIBILITY THAT THE ZONING COMMISSION FEELS THAT THIS BOARD HAS ISSUED A MANDATE REGARDING THE REZONING OF THE SOUTH BEACH AREA.- IT REAr IT WAS THE FEELING OF THE BOARD THAT THE ATTORNEY BE INSTRUCTED TO WRITE A LETTER TO THE ZONING COMMISSION STATING THAT THERE HAS BEEN NO MANDATE SET BY THE BOARD TO INFLUENCE THE ZONING COMMISSION'S THINKING REGARDING REZONING OF PROPERTY IN THE SOUTH BEACH AREA. EVERY PROBLEM THAT COMES BEFORE THIS BOARD AND THE ZONING BOARD MUST BE JUDGED ON ITS OWN MERIT. COMMISSIONER BOGOSIAN LEFT THE MEETING AT 3:45 O'CLOCK P.M. THE ADMINISTRATOR INFORMED THE BOARD THAT J. WADE NODA, COMPTROLLER, DEPARTMENT OF TRANSPORTATION WILL BE IN THE COURTHOUSE, THURSDAY, NOVEMBER 29, 1973 TO DISCUSS SECONDARY ROAD MONEY AND WILL HOLD A PUBLIC DISCUSSION IN THE COUNTY COMMISSION ROOM ON FRIDAY, NOVEMBER 30, 1973 REGARDING GASOLINE TAXES AND SECONDARY ROAD FUNDS. COMMISSIONER BOGOSIAN RETURNED TO THE MEETING AT 4:00 O'CLOCK P.M. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT—OF— COUNTY TRAVEL TO ORLANDO, FLORIDA ON 14OVEMBER 30, 1973 FOR THE COUNTY ADMINISTRATOR TO ATTEND THE STATE ASSOCIATION OF COUNTY ADMINISTRATORS CONFERENCE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT—OF COUNTY TRAVEL TO ORLANDO, FLORIDA ON DECEMBER 7, 1973 FOR THE COUNTY ADMINISTRATOR AND COUNTY CONSULTING ENGINEERS TO ATTEND A DEPARTMENT OF POLLUTION CONTROL MEETING. L. S. THOMAS, COUNTY FINANCIAL COORDINATOR LEFT THE MEETING AT 4:05 O'CLOCK P.M. —17 -- OV 211973 d 0 NOV 211973 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD HAS NO OBJECTIONS TO THE ISSUANCE OF A DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS SAJSP PERMIT #73-1.113 TO CONSTRUCT A 150 FOOT PRIVATE DOCK IN THE INDIAN RIVER AT SEBASTIAN. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD HAD NO OBJECTION TO THE ISSUANCE OF A DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS SAJSP PERMIT #73-1275 TO CONSTRUCT BOAT RAMPS AND FLOATING DOCKS AS REQUESTED BY THE CITY OF VERO BEACH ON.MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD HAD NO OBJECTION TO THE ISSUANCE OF A DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS SAJSP PERMIT #73-1239 TO INSTALL CHANNEL MARKERS IN THE SEBASTIAN INLET, THE BOARD DISCUSSED THE FOLLOWING LETTER FROM J.T. FRANKENBERGER, CITY ATTORNEY: 18 - 000x vu -,,a:G,257 City of Vero Beach t im - 20th PLACE VERO BEACH, FLORIDA -32960 Tebphow 367-5131 J. T.FRANKENBERGER CITY ATTORNEY November S, 1973 Alma Lee Loy, Chairwoman Indian River County Commission 2036 - 35th Avenue Vero Beach, Florida 32960 Re: Lots 1, 2, 3.and 4, Block 1, Pelican Cove Subdivision II Dear Alma Lee: As I am sure you are aware, the purchase of the four lots described above has become a rather complicated matter. At first it was contemplated that all lots would be purchased at one time, that 50% of the purchase price thereof would be -provided by a Federal grant, that the City of Vero Beach would provide approximately $300,000.00 of the purchase price and Indian River County would provide approximately $200,000.00 of the purchase price. This entire situation has now changed and one lot only will be purchased on or before January 15, 1974, and the remaining three lots will be leased until purchased at a rental of $1,500.00 per lot per month. Due to the change in circumstances, the City Council needs guidance from you and the County Commission on several matters. In the grant application sent to the U. S. Department of Interior, Bureau of Outdoor Recreation, the sum of $125,000.00 was requested, which sum represents one-half of the purchase price of the first lot. In the appli- cation I indicated that if the grant was obtained, the City of Vero Beach and Indian River County would pay the remainder of the purchase price by providing the sums of $75,000.00 and $50,000.00, respectively. If at the closing of the first lot, the circumstances hereinabove set out exist,what percentage of ownership will the County Commission demand in said lot? At the regular Council meeting conducted on November 6, 1973, by unanimous vote, the Council directed that the City Attorney obtain title insurance as to all of the four lots. All lots were included since the cost of the insurance will be substantially less on the lots as a group as opposed to insurance on the lots individually. This insurance will cost approximately $3100.00. What part, if any, will the County Commission pay of the cost of obtaining the title insurance? As indicated above, the remaining three lots will be leased for the sum of $1,500.00 per month per lot. What part, if any, will the Indian River County Commission assume of this rental amount? Attached hereto is "Closing Statement to Buyer" which is self-explanatory. Reflected thereon is the cost of closing on Lot 1 which, including the cost of recording and deed stamps, totals $1,037.00. What part of the closing costs will be assumed by the Indian River County Commission? Finally, please advise when and in what manner the $200,000.00 will be turned over to the City of Vero Beach. I respectfully request your immediate attention to this matter and will be most happy to render any assistance_ requested. Very truly yours, CITY OF VERO BEACH By / fAir LCJJX . Fsankenberger U Attorney JTF:bw - 19 - OV 211973 BOOK,: e AFTER MUCH DISCUSSION A MOTION WAS MADE BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY BURCH TO ANSWER THE LETTER FROM J.T. FRANKENBERGER, ATTORNEY TO THE CITY OF VERO BEACH. 1 . A November 23, 1973 Mr. J. T. Frankenberger City Attorney City of Vero Beach 1053 - 20th Place Vero. Beach, Florida 32960 In re: Lots 1, 2, 3, and 4, Block 1 Pelican Cove S/D It Dear J. T. Your letter of November 8 to Aima Lee Loy con- cerning above mentioned lots was discussed at our recent County Commission meeting and the Board asked that I relay to you their desires on the purchase of these lots. First, they are still com- mitted to the $200, 000.00 contribution and feel that $50, 000.00 should be applied to each lot. Upon the closing of each lot and the forwarding to the Board of a copy of the deed showing a 2/3 undivided interest in Indian River County, the Board will immediately forward to the City _ of Vero Beach. $ 50, 000.00. The 2/5 interest was arrived at by taking a total purchase price of $250, 000.00 for each lot and applying 1/5 of that price as the County's contribution and 1/5 for the equal maA. Ihing funds that would be received based on that contribution. The Board decided that the extent of their commitment would be $200.000.00 and do not wish to participate in either title insurance, closing costs or any rental agreements the City of Vero Beach might enter W.o. Sincerely, Paul D. Burch County Attorney PDB' / dbh 2 - -19-A- NOV 2 l9fj '18 PM259 e ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE FOR A PUBLIC HEARING ON DECEMBER 19, 1973 REGARDING AN ORDINANCE TO ESTABLISH A TRANSIT AUTHORITY. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE FOR A PUBLIC HEARING REGARDING AN ORDINANCE TO PLEDGE RACE TRACK FUNDS FOR BONDS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO CONTINUE DISCUSSION REGARDING THE ESTABLISHING OF A DUNE ORDINANCE UNTIL THE STUDY DONE BY THE DEPARTMENT OF NATURAL RESOURCES IS RECEIVED. THE BOARD HAD RECEIVED A REQUEST ON APRIL 18, 1973 FROM MIDIA TRONICS, INC. TO PURCHASE COUNTY OWNED PROPERTY IN LAKEWOOD PARK, ST. LUCIE COUNTY, AND THE BOARD INSTRUCTED THE ATTORNEY TO OBTAIN AN APPRAISAL OF THIS PROPERTY. THE ATTORNEY INFORMED THE BOARD THAT HE HAS RECEIVED ' THIS APPRAISAL FROM PHILIP HOUCK, INDIAN RIVER APPRAISORS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE ATTORNEY CONTACTING ST, LUCIE COUNTY TO SEE IF THEY WOULD LIKE TO PURCHASE THESE LOTS AT THE PRESENT APPRAISED PRICE, OR IF THEY OWN ANY PROPERTY IN INDIAN RIVER COUNTY THAT THEY WOULD LIKE TO EXCHANGE FOR THE LOTS IN LAKEWOOD PARK. THE BOARD DISCUSSED CIVIL ACTION CASE No. 73-670 FILED IN THE OFFICE OF THE CLERK BY THE CITY OF VERO BEACH AGAINST THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY. - 20 - N O V 211973000K 'IS ' BO1S p4cL260 a 4 ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO FILE A "MOTION TO DISMISS" BY DECEMBER 4, 1973, BASED ON THE FACT THAT THIS "COMPLAINT" FILED IS PREMATURE. MICHAEL DURWIN APPEARED BEFORE THE BOARD TO DISCUSS HIS LETTER WHICH APPEARS IN THE BEGINNING OF THESE MINUTES REGARDING A MASTER PLAN FOR BICYCLE PATHS IN INDIAN RIVER COUNTY. COMMISSIONER DRITENBAS AGAIN STATED HIS PREFERENCE FOR A SIDEWALK AND BICYCLE PATH COMBINATION. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER•MASSEY, COMMISSIONER BOGOSIAN VOTED IN OPPOSITION, THE BOARD APPROVED $250.00 FROM THE PLANNING DEPARTMENT BUDGET FOR PIASTER PLAN FOR A BICYCLE PATH IN INDIAN RIVER COUNTY. COMMISSIONER BOGOSIAN STATED THAT HIS REASON FOR OPPOSING A MASTER PLAN FOR BICYCLE PATHS IS THAT HE FEELS THESE BICYCLE PATHS SHOULD BE PRIMARILY AROUND SCHOOL AREAS, COMMISSIONER DRITENBAS STATED HE WOULD LIKE TO SERVE ON THIS COMMITTEE IN PLACE OF COMMISSIONER SIEBERT. COMMISSIONER SIEBERT APPROVED THIS CHANGE. COMMISSIONER DRITENBAS STATED THAT HE REVIEWED THE BUILDING KNOWN AS THE SILVER SLIPPER LOCATED ON 33RD AVENUE IN GIFFORD, AND INFORMED THE BOARD THAT IT IS A GOOD BUILDING AND COULD BE PUT TO SOME FUTURE USE, BUT IT WAS HIS FEELINGS THAT NO: MONEY BE SPENT UNTIL A USE IS DETERMINED. ON MOTION BY COMMISSIONER MASSEY', SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED RETRO— ACTIVE OUT—OF—COUNTY TRAVEL TO TALLAHASSEE, FLORIDA ON NOVEMBER 19,1973 FOR COMMISSIONERS'SIEBERT, BOGOSIAN AND LOY AND ALSO ATTORNEY BURCH FOR ATTENDING MEETINGS REGARDING A PRISON BEING LOCATED IN INDIAN RIVER COUNTY THE BOARD DISCUSSED AND AGREED THAT ITS REORGANIZATIONAL MEETING WILL BE HELD THE FIRST MEETING IN JANUARY 1974. — 21 — tow:.. 0 COMMISSIONER DOGOSIAN LEFT THE MEETING AT 5:50 O'CLOCK ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION OF LLOYD B. HARRISON WHO SERVED ON THE INDIAN RIVER ZONING COMMISSION AND AUTHORIZED THE ATTORNEY TO PREPARE A RESOLUTION TO BE PRESENTED TO MR. HARRISON AT THE DECEMBER 5, 1973 MEETING. MR. HARRISON'S RESIGNATION WILL BE EFFECTIVE AS OF NOVEMBER 21, 1973. AN APPOINTMENT TO REPLACE MR. HARRISON WILL BE MADE BY COMMISSIONER MASSEY AT THE NEXT MEETING. THE BOARD AGREED TO SCHEDULE A MEETING WEDNESDAY NOVEMBER 28, 1973, WITH THE COUNTY CONSULTING ENGINEERS TO DISCUSS THE PROCEDURE FOR THE ENGINEER TO FOLLOW REGARDING A COUNTYWIDE SEWER AND WATER SYSTEM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE OUT -OF -COUNTY TRAVEL FOR ROY KIRKLAND, COUNTY FINANCE OFFICER TO ATTEND A MEETING IN .JACKSONVILLE, FLORIDA ON NOVEMBER 30, 1973. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR GLOVER HUSTON AND ARTHUR MARDIAT, .JR. FOR PERMITS TO CARRY FIREARMS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR WILLIAM E. DAVIDSON FOR A RENEWAL PERMIT TO CARRY A FIREARM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF $450.00 TO INDIAN RIVER APPRAISORS FOR APPRAISAL OF FOUR COMMERCIAL LOTS IN LAKEWOOD PARK, ST. LUCIE COUNTY, FLORIDA. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE OUT -OF -COUNTY TRAVEL FOR VAL BRENNAN, PLANNING DIRECTOR AND BOB BERG, ASSISTANT PLANNING DIRECTOR TO ATTEND THE FLORIDA PLANNING AND ZONING ASSOCIATION STATE CONFERENCE, DECEMBER 5 - 5, 1973. - 22 - t4OV 21 `73 B0Qx. 1 : oorac`2 4 r ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED DISCUSSING THE LETTER FROM THE MIAMI HERALD PUBLISHING COMPANY THAT WAS SIGNED BY REPRESENTATIVES FROM THE ORLANDO SENTINEL AND WGYL RADIO STATION PERTAINING TO COMMISSION MEETINGS AT THE NEXT COUNTY COMMISSION MEETING. THE MONTHLY REPORT RECEIVED FROM JUVENILE DIVISION WAS PLACED ON FILE IN THE OFFICE OF THE CLERK. THE FOLLOWING EASEMENT HAVING BEEN RECEIVED IS HEREBY BEING MADE A PART OF THESE MINUTES. - 23 out pw2 e i, EASEMENT` k WHEREAS, ALCO-HOPE, INC., has a Lease on -certain real property in Indian River County, Florida, which it leases q. F. from KIDS KRUSADE, INC., a Minnesota Corporation; and 4 WHEREAS, ALCO-HOPE, INC. has requested the ? Board of County Commissioners to do certain work on the leased property because -of drainage problems; and WHEREAS, ALCO-HOPE, INC., has been designed under the Myers Act to carry out the provision of that Act as it applies to Indian River, St. Lucie, Martin and Okeechobee Counties; and WHEREAS, the Board of County Commissioners have agreed to do certain drainage work on the property; NOW THEREFORE, KIDS KRUSADE, INC., in Indian Riv- er County, for and in consideration of the agreements hereinafter -j ~- mentioned, do hereby covenant and agree: 1. KIDS KRUSADE, INC., hereby agrees that Indian River County may perform certain excavation and dirt moving work on the _ I following described property of KIDS KRUSADE, INC., to -wit: Lot 3, less the East 100 feet thereof, and the West 215 feet of the North 115 feet of Lot 4, ALBRECHT ACRES SUBDIVISION, as re- corded in the office of the Clerk of the Cir- cuit Court of Indian River County, Florida, in Plat book 2, page 74, public records of Indian River County, Florida. 2.. That Indian River County will have a period of 120 days in which to perform the work at no cost to KIDS KRUSADE, INC. 3. That Indian River County agrees to carry its own lia- bility insurance and agrees to hold KIDS KRUSADE, INC., harmless from any responsibility from loss occasioned by any negligence or failure of Indian River County, Florida. IN WITNESS WHEREOF, KIDS KRUSADE, INC., and INDIAN RIVER COUNTY, have hereunto acknowledged this Agreement - 24 - , OV 211973 coo ra64 a by and through their authorized representatives, this 21 day Of NOVEMBER 1973. .-Signed, sealed and delivered INDIAN RIVER COUNTY -in the presence of: B, Alma Lee Loy, Chairman Board of County Commissioners 0117 Signed, sealed and delivered KIDS KRUSADE, INC. In the presence of: By oe a-sA ✓ Attest - r 7N Corp. seal) NOV a-1-1973 - I -25- NOV 25- eo PA 265 s THE FOLLOWING LETTER AND APPLICATION AND AGREEMENT FOR STATE AID TO LIBRARIES HAVING BEEN RECEIVED ARE HEREBY BEING MADE A PART OF THESE MINUTES. - 26 - V 21 WX :pag 40 `T PIP t f 11 STATE OF FLORIDA •V i �•-' S THE CAPITOL _ �, TALLAHASSEE 32304 { r��JR, •yip r• RICHARD y (DICK) STONE SECRETARY OF STATE November 14, 1973 Board of County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 Gentlemen: It gives me great pleasure to inform you that our State Library has mailed to your Director of Library Services a state aid warrant in the amount of $3,666 for library system use. Enclosed is your file copy of the application and agreement form. This is your library system's share of the $525,000 in grant funds appropriated by the 1973 Florida.Legislature. Had this program been fully funded, you would have received $28,235. We are grateful to our legislators for their support of the grants-in-aid program. Once again in 1974, we will seek full funding of this program in order that your library system T may receive the total sum for which it qualifies under state p; law. (! _ My best wishes to you and to all the dedicated people in your library system. Whenever we can be of assistance, we 5 invite you to call upon the State Library and the Division of h Library Services. Cordially, r Richard (Dick) Stone RDS:lbr ° Enclosure - 26 - V 21 WX :pag 40 e FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES APPLICATION AND AGREEMENT FOR STATE AID TO LIBRARIES The Board of County Commissioners of Indian River County hereby applies to the Division of Library Services of the Florida Department of State for an operating and equalization grant(s) for public library service as authorized under Chapter 257, Florida Statutes, as amended by Chapter 73-138, Laws of Florida, for the fiscal year beginning October 1, 1973, and ending September 30 ,1974. We certify that the following amounts were expended for the operation of public library service during the fiscal year ending September 30, 1972. Local Expenditures, October 1, 1971 - September 30, 1972 ...........$69,001.20 Less, State Aid ..................................$ 8,085. Less, LSCA Program Grants ........................$ 7.000. Less, Any Funds not Expended Centrally ...........$ Total Local Expenditures Qualified for Matching ..$ 55,49 5.00 We certify that the following amounts, exclusive of federal and state grants, will be available and expended for public library use during the said fiscal year: County Appropriations (county funds from local sources only) ..................................$ 47,400.00 *City Appropriations (city funds from local sourcesonly) ..................................$ Other (specify) Bookiuud. drivs,.g�,ft;s,..fi.l�P,.s.$ 18,500.00 rentals ,out ,of, county, membershiRi , cogier. * Append an affidavit from each city providing funds. TOTAL $ 65,900.00 This library service is provided through contracts with the following cities and counties: The yield of a one mill tax in this county is N/A -27- PO 197 aoox r 0 M The Applicant agrees to expend any grant(s) awarded pursuant to this.Application and Agreement in full compliance with the terms and condi- tions of Chapter 257, Florida Statutes, as amended, and Chapters 1B-1 and 1B-2, Florida Administrative Code, relating to county free public libraries and the State Library, which Chapters are incorporated by reference as part of this Application andAgreement and attached hereto. Xie_r the Circuit Court " a �.- � unty ^/ « 7Board of County Commissioners Date The Division of Library Services of the. Florida Department of State acknowledges receipt of the aforegoing Application and hereby approves said Application for grant(s) in the total amount of $ ; dated this day of 1973, at Tallahassee, Florida. Attest: IL P. BEACH, DIRECTOR Division of Library Services Florida Department of State - 28 - NOV; 217973 OW- y Book 1.8 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, 1558 1599 INCLUSIVE; ROAD AND BRIDGE FUND NOS. 0921 -0943 INCLUSIVE; FINE AND FORFEITURE FUND NOS. 0599 - 600 INCLUSIVE; CAPITAL OUTLAY FUND NO. 145. 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 6:10 O'CLOCK P.M. ATTEST: vaw 6L RK CHAIRMAN , - 29 - NOV 211973 PON �.� �A- 9