HomeMy WebLinkAbout12/19/19730
WEDNESDAY, DECEMBER 19, 1973
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE,
VERO BEACH, FLORIDA ON WEDNESDAY, DECEMBER 19, 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;
RICHARD P. BOGOSIAN WAS ABSENT. 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.
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED
IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF
THE REGULAR MEETING OF DECEMBER 5, 1973.
COMMISSIONER DRITENBAS REQUESTED ON THE FIRST PAGE,
FIRST PARAGRAPH, AFTER PAUL D. BURCH INSERT, "ATTORNEY TO -THE
BOARD OF COUNTY COMMISSIONERS: L.S. THOMAS, COUNTY FINANCIAL
COORDINATOR: ROY KIRKLAND AND ELIZABETH FORLANI, DEPUTY CLERKS."
COMMISSIONER SIEBERT REQUESTED ON PAGE 49, LAST PARAGRAPH
EIGHTHSENTENCE, THE SPELLING OF THE WORD "THEIR" BE CHANGED TO
"THERE".
THESE CORRECTIONS HAVING BEEN MADE ON MOTION BY
COMMISSIONER MASSEY, SECONDED BYCOMMISSIONERSIEBERT, THE
BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING
OF DECEMBER 5, 1973, AS WRITTEN.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE
OCEAN SETBACK LINE IN THE TOWN OF INDIAN*RIVER SHORES AS
.REQUESTED BY ROLAND B. MILLER, MAYOR OF THE TOWN OF INDIAN RIVER
SHORES,
MAYOR MILLER., THEN REQUESTED THE BOARD TO CONSIDER ESTABLISH-
ING A FIRE STATION TO BE LOCATED IN THE TOWN OF INDIAN RIVER SHORES.
MAYOR MILLER SUGGESTED THAT THE BOARD ALLOCATE $50,000.00 IN THIS
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YEARS BUDGET TOWARDS A FIRE_STATION AND THE TOWN OF INDIAN RIVER
SHORES WILL ALLOCATE $25,OOO.00 IN THEIR BUDGET, PLUS THE LAND ON WHICH
TO BUILD THE FIRE STATION.
COMMISSIONER BOGOSIAN.ENTERED THE MEETING AT 9:45 O'CLOCK A.M.
CHAIRMAN Loy STATED THAT AT THIS TIME WE HAVE HAD
NO RECOMMENDATIONS FROM THE FIRE STUDY COMMITTEE AND AFTER MUCH
DISCUSSION THE -BOARD SUGGESTED THAT MAYOR FILLER MEET WITH THE
FIRE STUDY COMMITTEE AT THEIR SCHEDULED MEETING OF .JANUARY 4, 1974.
MAYOR MILLER AGREED TO THIS.
MAYOR MILLER THEN PRESENTED A LETTER TO THE CHAIRMAN STATING
THAT THE TOWN COUNCIL OF THE TOWN OF INDIAN RIVER SHORES SUPPORT
THE BOARD OF COUNTY COMMISSIONER'S DECISION TO OPPOSE THE LOCATION
OF A CORRECTIONAL INSTITUTION.IN INDIAN RIVER COUNTY,
THE BOARD WELCOMED THE LETTER FROM THE TOWN COUNCIL.
CHAIRMAN LOY THEN REPORTED ON THE OUTCOME OF A MEETING
IN TALLAHASSEE WITH CABINET OFFICIALS REGARDING THE STATUS FOR
LOCATING A STATE CORRECTIONAL INSTITUTION IN INDIAN RIVER COUNTY.
THE CHAIRMAN STATED THAT THE MAJORITY OF THE CABINET IS RESPONSIVE
TO THE NEEDS AND DESIRES OF THE CITIZENS OF THIS COMMUNITY.AND
THE FINAL DECISION.REGARDING THE LOCATION OF THIS FACILITY HAS
BEEN DEFERRED UNTIL .JANUARY 3, 1974, AT WHICH TIME, THE CHAIRMAN
CONTINUED, WE SHOULD HAVE SPECIFIC RECOMMENDATIONS THAT WILL FURTHER
SUPPORT THE COMMUNITY'S STAND ON THIS ISSUE.
THE CHAIRMAN SUGGESTED THE FOLLOWING: SECURING TWO
APPRAISALS FROM LOCAL APPRAISORS: AND PREPARING A REPORT FOR
CABINET OFFICIALS INDICATING THE MANY EFFORTS THAT ARE PRESENTLY
BEING MADE BY INDIAN RIVER COUNTY IN THE WAY OF CRIME PREVENTION
AND REHABILITATION FOR ITS YOUNG PEOPLE,
THE BOARD AGREED.TO DISCUSS THIS FURTHER'LATER IN THE
MEETING,
MAYOR MILLER STATED THAT THE TOWN COUNCIL WILL PREPARE
A RESOLUTION STATING THE TOWN OF INDIAN RIVER SHORES OPPOSES
THE LOCATION OF A STATE CORRECTIONAL INSTITUTION IN INDIAN RIVER
COUNTY.
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ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE
FOLLOWING LETTER FROM THE UNITED STATES EVIRONMENTAL PROTECTION
AGENCY BE MADE A PART OF THESE MINUTES.
' JN�fo srgrFr -
R' ff Q UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
1421 PEACHTREE ST.. N. E
ATLANTA. GEORGIA 30309 '
December 11, 1973
Honorable Alma Lee Loy
Chairman, Indian River County Commission
Indian River County Courthouse
Indian River Shores, Florida 32960
Dear Mrs. Loy:
A technical, legal, and administrative review has been
performed on the contracts submitted by Vero Beach, Indian
River County, and Indian River Shores.
From a legal point of view, there appears to be no
problem. Our technical staff has given their conditional
approval with some reservations as follows:
1. The Vero Beach plant was designed to accommodate
the community of Indian River Shores. If Indian
River Shores should ever require services by
Vero Beach and be refused, this action could
provide grounds for termination or recovery of
the Vero Beach grant.
2. It should be understood that in the event that
Indian River Shores does, in fact, construct
their own facility, it must be done so without
EPA funds. Funds could only be -expended to
implement the'approved plan or any other amended
version of the plan which may be approved by EPA.
It must be understood that this approval in no way
obviates the grantees from their responsibility to fulfill
all terms and conditions of the existing grant.
If we may be of further assistance, please do not
hesitate to call on us.
Sincerely yours,
i
Bernard M. Porche'
Chief
Grants Administration Branch
10
8.0OK '.8 FAA56 ►
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THAT A
CERTIFIED COPY OF THAT PORTION OF THE MINUTES PERTAINING TO
THE LETTER FROM THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY BE SENT TO MAYOR ROLAND MILLER.
PETE NOEL, REPORTER REPRESENTING WGYL RADIO STATION
APPEARED REQUESTING THE BOARD TO TAPE ALL COUNTY COMMISSION MEETINGS
AND TO SUPPLY SUPPORTIVE MATERIAL TO ":: REPORTERS PRIOR TO
COUNTY COMMISSION MEETINGS. MR. NOEL REQUESTED THAT THE NEWS
MEDIA RECEIVE SUPPORTIVE MATERIAL ON MONDAY BEFORE THE COUNTY
COMMISSION MEETING. THE COMMISSIONERS RECEIVE SUPPORTIVE MATERIAL
ON FRIDAY BEFORE THE COUNTY COMMISSION MEETING.
PHIL LONG, BUREAU CHIEF, THE MIAMI HERALD PUBLISHING
COMPANY STATED THAT SUPPORTIVE MATERIAL AND TAPING OF ALL MEETINGS
WOULD SERVE IN DOING A MORE EFFICIENT JOB OF SERVING THE COMMUNITY.
MICHAEL THOMAS REPRESENTING THE ORLANDO SENTINEL APPEARED
IN SUPPORT OF TAPING ALL MEETINGS AND RECEIVING BACKGROUND
INFORMATION PERTAINING TO ALL ITEMS ON THE AGENDA BEFORE THE
COUNTY COMMISSION MEETING.
THE BOARD INFORMED.THE REPORTERS THAT THEY HAD NO
OBJECTION TO THEIR TAPING THE COMMISSION MEETINGS WITH THEIR EQUIP-
MENT, BUT THE BOARD AGREED NOT TO TAPE THE FULL MEETING -AND WILL
CONTINUE WITH THEIR POLICY OF TAPING PUBLIC HEARINGS. IT WAS ALSO
STATED THAT THE COUNTY COMMISSION ROOM WILL BE RENOVATED IN THE
NEAR FUTURE AND AT THAT TIME THIS REQUEST WILL BE RECONSIDERED.
IT WAS THE FEELING OF THE BOARD REGARDING THE ISSUING
OF SUPPORTIVE MATERIAL TO REPORTERS IS THAT THIS INFORMATION MIGHT
BE USED BEFORE THE BOARD AS A GROUP HAS HAD AN OPPORTUNITY TO DISCUSS
IT.
THE REPORTERS SUGGESTED TRYING IT ON A TRIAL BASIS,
THE BOARD DID AGREE TO THIS.
PETER SABONJOHN APPEARED REQUESTING APPROVAL TO REPLAT
YORKSHIRE SUBDIVISION. LOTS 4, 5, AND 6.
THE ADMINISTRATOR INFORMED THE BOARD THAT THIS IS
A VERY COMPLICATED SITUATION AND MR, SABONJOHN AND HIS ENGINEER
HAVE TRIED TO COMPLY WITH SUBDIVISION REGULATIONS.
THE FOLLOWING ITEMS WERE DISCUSSED:
1. THERE ARE NO ADEQUATE TURN-AROUNDS SHOWN ON THE PLAT
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2. THERE ARE NO EASEMENTS SHOWN. THE RIGHT-OF-WAY IS IO FEET
WIDE AND THIS IS TOO NARROW TO INSTALL SEWER.AND WATER LINES,
3. A PROFILE OF THE PROPERTY TO SHOW DRAINAGE SHOULD BE SUBMITTED,
4. ADDITIONAL EASEMENTS SHOULD BE SHOWN ALONG THE EXISTING
DRAINAGE DITCH.
THE BOARD AGREED THAT THE ABOVE ITEMS NEEDED FURTHER
INVESTIGATION AND SUGGESTED THAT THE ADMINISTRATOR, ATTORNEY BURCH,
COMMISSIONER DRITENBAS, AL PANDA, ENGINEER AND MR. SABONJOHN
MEET TO DISCUSS THESE ITEMS,
JAMES BEINDORF, ENGINEER APPEARED REQUESTING FINAL
APPROVAL OF A PLAT OF HAMPTON WOODS SUBDIVISION.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL
TO THE PLAT OF HAMPTON WOODS SUBDIVISION, SUBJECT TO A TURN-
AROUND BEING INDICATED ON THE FINAL PLAT,
EDWIN S. SCHMUCKER, ENGINEER AND B.B. NELSON APPEARED I
SUGGESTING THAT THE COUNTY PLACE SEWER AND WATER PIPES UNDER THE
SOON TO BE CONSTRUCTED I-95 EXTENSION FOR THE FUTURE PLACEMENT OF
WATER AND SEWER LINES TO CONNECT THE EAST AND WEST SIDES OF 1-95
INTO A CENTRAL SYSTEM. MR. SCHMUCKER STATED THAT THE COST TO
INSTALL THESE PIPES AT THIS TIME WOULD BE MINIMAL COMPARED TO THE
COST OF JACKING PIPES UNDER THE COMPLETED I-95 EXTENSION.
AFTER MUCH DISCUSSION IT WAS SUGGESTED THAT THIS BE
REFERRED TO THE COUNTY ADMINISTRATOR TO MEET WITH DEPARTMENT OF
TRANSPORTATION OFFICIALS AND THE COUNTY CONSULTING ENGINEERS FOR
FURTHER INVESTIGATION,
IT WAS STATED THAT IF IT IS ECONOMICALLY POSSIBLE. THE.
BOARD WOULD BE IN AGREEMENT.
THE ADMINISTRATOR REFERRED TO A LETTER FROM CHARLES
A. SULLIVAN WHO OWNS A LOT IN THE CITY OF VERO BEACH, BUT THE
ONLY MEANS OF INGRESS AND EGRESS IS THROUGH COUNTRY CLUB POINTE
SUBDIVISION. MR. SULLIVAN IS FILLING HIS LOT WITH DIRT AND .,THE
TRUCKS ARE USING THE COUNTY ROADS IN THIS SUBDIVISION TO GET TO
HIS PROPERTY, ON OCTOBER 10, 1973, A RESOLUTION WAS PASSED PRO-
HIBITING TRUCKS WEIGHING 5 TONS OR MORE TO USE THE ROADS IN
COUNTRY CLUB POINTE SUBDIVISION. MR. SULLIVAN IS REQUESTING
A SPECIAL PERMIT TO COMPLETE THE FILLING-IN OF HIS PROPERTY,
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1973 eoox 18PW 358
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE ADMINISTRATOR WAS AUTHORIZED TO MEET
WITH MR. SULLIVAN AND ARRANGE A TIME SCHEDULE IN ORDER THAT THIS
LAND FILLING OPERATION IS DONE AS QUICKLY AS POSSIBLE: THE ADMIN-
ISTRATOR WAS ALSO AUTHORIZED TO ISSUE A SHORT TERM PERMIT. THE,
BOARD ALSO STATED THAT THE SIZE OF THE TRUCKS COMING THROUGH
THIS SUBDIVISION BE LIMITED TO 15 YARD TRUCKS.
THE BOARD THEN DISCUSSED ROADS IN THE COUNTY AND THE
FACT THAT THE WEIGHT OF CONSTRUCTION TRUCKS ARE SERIOUSLY DAMAGING
THE ROADS. THE ATTORNEY SUGGESTED AN ORDINANCE BE PREPARED
ESTABLISHING WEIGHT LIMITATIONS FOR TRUCKS USING COUNTY ROADS.
IT WOULD BE A VIOLATION OF THE LAW TO EXCEED THOSEWEIGHT LIMITATIONS
AND ANYONE GOING OVER THE WEIGHT LIMITATIONS WOULD BE REQUIRED
TO REPAIR THE ROAD DAMAGE THEY CREATED,
THE BOARD INSTRUCTED THE ADMINISTRATOR TO PREPARE A REPORT
ON SUBDIVISION ROADS FOR THE ATTORNEY AND INSTRUCTED THE ATTORNEY
TO PREPARE AN ORDINANCE ESTABLISHING WEIGHT LIMITATIONS FOR TRUCKS
USING COUNTY ROADS.
THE CHAIRMAN STATED THAT THERE IS A MOTION AND A SECOND
ON THE FLOOR, THE BOARD UNANIMOUSLY APPROVED AND THE LOTION WAS
PASSED.
ATTORNEY BURCH INFORMED THE BOARD THAT ROSEMARY RICHEY,
SUPERVISOR OF ELECTIONS HAS BEEN SUED BY THE TOWN OF INDIAN RIVER
SHORES OVER INTERPRETATION OF CHAPTER 73-155 OF THE LAWS OF
FLORIDA. THE TOWN OF INDIAN RIVER SHORES HAVE FOLLOWED ARTICLE VI
OF CHAPTER 29161 OF THE LAWS OF FLORIDA WHICH IS THE CHARTER OF THE
TOWN OF INDIAN RIVER SHORES. THIS FRIENDLY SUIT IS TO DETERMINE
WHICH LAW MRS. RICHEY AND THE TOWN OF INDIAN RIVER SHORES SHALL ABIDE
BY,
MRS RICHEY IS REQUESTING THAT ATTORNEY BURCH BE AUTHORIZED
TO REPRESENT HER IN THIS SUIT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DRITENBAS, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY BURCH TO
REPRESENT ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS IN THE IMPENDING
SUIT BETWEEN HER AND THE TOWN OF INDIAN RIVER SHORES.
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ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED
BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED
PAYMENT OF $9,572,00 FOR THE PREPAYMENT OF THE0701"CONTRACT
TO THE DEPARTMENT OF COMMUNITY AFFAIRS, AS REQUESTED BY
VAL BRENNAN, PLANNING DIRECTOR.
THE BOARD THEN ADJOURNED AT 12:10 O'CLOCK P.M. AND
RECONVENED AT 1:30 O'CLOCK P.M.
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE
DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION
ATTACHED TO WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly STATE Of FLORIDA
COUNTY OF INDIAN RIVER
IN RE:
Vero Beach, Indian River County, Florida EVELYN F. NEVILLE, INC., a
Florida Corporation
NOTICE OF PUBLICATION
NOTICE IS HEREBY GIVEN that EVELYN F. NEVILLE, INC., a
COUNTY OF INDIAN RIVER: Florida corporation, will appear before the Board of County Com -
STATE OF FLORIDA - missioners of Indian River County at its regular riveting in the County
Courthouse of said County at 1:30 P.M., December 19, 1973, at which
Before the undersigned authority personally appeared J. J. Schumann, Jr time and place the County Commission will hear the application_ of
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newsp EVELYN F. NEVILLE, INC., for a 40 -year sewer franchise and the
at Vero Beach in Indian River County, Florida; that the attached copy of adverti Proposed rate and hook-up charges are as fellows, affecting the land
described as:
L /) That part of the South half of Government Lot 1, except the north
a -_. s495 1hipeet oath, R lying east of Highway Aart in Section en Town•
tf r:�K t�ti.�C C ship 33 South, Range 40 East, and that part of Government Lot 1,
Section 22, Township 33 South, Range 40 East, which lies east of the
above described parcel; and the north 165 feet of the South 332.11
in the matter of _.___.—___.__.--___-_- -------------- feet of Government Lot 1, Section 21, Township 33 South, Range 40
_1 East, lying east of State Road A•1 -A, and that part of Section 22,
- ... +</J. Z.•G 1 -Township 33 South, Range40 East, lying east of the aforementioned
M
property; 811 being Indian River County, Florida.
RATE AND HOOK-UP CHARGES
---- — --------------------------------- in the -------- _- ----------------------- _ _ _...... Co Sanitary Sewer Service Charges:
4" & s/e" Meter Minimum 8 6.76
1" Meter Minimum 11.70
lished in said newspaper in the issues of _— ------------------ - ------- IN" & l 2" Nutter Minimum 22.50
Y' Meter Minimum 30.76
3" & 4" Meter Minimum - 54.00
- `� - -- / %✓'�- _ —. 6" Meter Minimum 75.00
Affiant -further says that thesaidVero Beach Press -Journal is a newspaper
Sewer Quantity Charges:
Vero Beach, in said Indian River County, and that the said newspaper h First 3,000 gallons 6.76 minimum
been continuously published in said Indian River County, Florida, weekly and has Next 12,000 gallons 1.06 per thousand gal.
as second class mail matter at the post office in Vero Beach, in said Indian River C Next 25,000 gallons .90 per thousand gal.
for a period of one year next preceeding the first publication of the attached c Next 35,000 gallons .78 per thousand gal.
tisement; and affiant further says that he has neither paid, nor promised any p. Next 75,000 gallons - .66 per thousand gal
Corporation any discount, rebate, commission or refund for the purpose of securir
tisement for publication in the said newspaper. Sewer Connection Charges:
Within 75 days,of availability SM.00
Sworn to and subscribed before me thi ._ d y of.".: D. Thereafter 375.00
Newly Improved properties 375.00
Dec. 9, 1973.
1 / (Business Manager)
(Clerk of
(SEAL) the iWGit Court, Indian River County, Florida)
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BOOK 18 PAGE 360
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DEAN LUETHJE, ENGINEER APPEARED REQUESTING APPROVAL FOR
A'SEWER FRANCHISE FOR ANGLERS COVE SUBDIVISION, UNITS I AND 2.
AS REQUESTED BY EVELYN NEVILLE, INC.
IT WAS STATED THAT CLARK A. DEPUE III OWNS A PORTION
OF THIS PROPERTY AND THE BOARD AGREED THAT THE APPLICANT SHOULD
HAVE A WRITTEN STATEMENT FROM EACH PROPERTY OWNER STATING THAT
THEY HAVE NO OBJECTION TO THIS SEWER FRANCHISE. MR. DEPUE IS
THE ONLY OTHER PROPERTY OWNER,
MR. LUETHJE STATED THAT MR. DEPUE WAS IN AGREEMENT AND
HE WOULD OBTAIN A WRITTEN STATEMENT FROM HIM TO THAT EFFECT,
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
MR. AND MRS. IRVIN STAECKER APPEARED IN OPPOSITION
TO THIS SEWER FRANCHISE BECAUSE THEIR PROPERTY ADJOINS THE
PROPERTY WHERE THE TREATMENT PLANT IS TO BE LOCATED.
ATTORNEY BURCH REVIEWED THE SEWER FRANCHISE AND RE-
COMMENDED SEVERAL CHANGES. MR. LUETHJE AGREED TO THE CHANGES
MADE BY ATTORNEY BURCH,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BO OSIAN, THE BOARD U ANIMOUSLY APPROVED THE SEWER
FRANCHISE FOR ANGLED S COVE SUBDIVISION, UNITS 1 AND 2 SUBJECT TO
THE RECOMMENDED CHANGES BEING MADE AND APPROVED BY ATTORNEY BURCH:
A WRITTEN AGREEMENT FROM CLARK A. DEPUE III STATING HE HAS NO
OBJECTION TO THE SEWER FRANCHISE: AND AUTHORIZED THE SIGNATURE OF
THE CHAIRMAN.
COMMISSIONER BOGOSIAN LEFT THE MEETING AT 2:00 O'CLOCK P.M.
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD APPROVED RECOMMENDING TO GOVERNOR
REUBIN OBD. ASKEW THAT A. RONALD HUDSON: DAVID GROTEFEND: AND
L.S. THOMAS BE APPOINTED TO SERVE ON THE REGIONAL MANPOWER PLANNING
COUNCIL. ,
L.S. THOMAS COUNTY FINANCIAL COORDINATOR WAS INSTRUCTED
TO NOTIFY GOVERNOR ASKEW OF THE BOARDS RECOMMENDATIONS.
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ON MOTION BY COMMISSIONER SIEBERT♦ SECONDED BY
COMMISSIONER MASSEY, THE BOARD APPROVED ADOPTING RESOLUTION
No. 73--80
RESOLUTION NO. 73-80�
WHEREAS, St. Lucie County owns and operates a facility
6
serving both as a Juvenile Detention Center and a Juvenile
Rehabilitation Center, with construction of said facility
initially funded by public subscription rather than through ad
valorem taxes, and
WHEREAS, the 1973 Legislature passed into law Senate Bill
264, which provides for State funding and operation of Juvenile
detention facilities and for County financing of renovations
and new construction required, with a phase-in of.all State -
operated detention centers to be completed by December 31, 1973,
' and
WHEREAS, after meeting with representatives of adjoining
e
counties and State officials, it was determined to be fair and
equitable to allow St. Lucie County's existing facility to be
used as a State operated juvenile detention facility for the
four counties comprising the Nineteenth Judicial Circuit on the
condition that all counties involved contribute funds towards
the construction of a replacement juvenile rehabilitation center
to serve St. Lucie County, and
WHEREAS, all counties have agreed to share in said costs
as follows:
Indian River 29% $43,500 maximum
Martin 23% 34,500 maximum
Okeechobee 8% 12,000 maximum
St. Lucie 407. For structure costing
$150,000. or less, plus
100% of all costs in excess
of.$150,000.
and
WHEREAS, State officials have approved Indian River County's
juveniles requiring detention to be temporarily housed in Brevard
County's Detention Center after January 1, 1974, until completion
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Book 8 PAG -F 362
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of the new facility in St. Lucie County and a lease agreement
executed with the State of Florida for the present facility;
NOW THEREFORE, BE IT RESOLVED by the Board of County Com-
- missioners of Indian River County, Florida, in meeting assembled
this 19th day of December, 1973, as follows:
1. That Indian River County will join with the other
counties comprising the Nineteenth Judicial Circuit in financing
the construction of a replacement rehabsitation center for St.
Lucie County with costs to be shared as heretofore set forth.
2. That upon completion of said replacement rehabil-
itation center, St. Lucie County will lease said existing structure
to the State for use as a State operated juvenile detention center
for the four counties in the Nineteenth Judicial Circuit.
3. That after January 1, 1974, all juveniles requiring
detention will be temporarily housed in Brevard County until the
e
St. Lucie County facility is ready.
4. That a copy of this Resolution be forwarded to -Mr.
Oliver J. Keller, Secretary, Department of Health and Rehabili-
tative Services, Mr. Paul Charters, Chief, Bureau of Detention,
Mr. Denny Abbott, Regional Director, Division of Youth Services,
Senator Phil Lewis, Senator Russell Sykes, Senator Tom Johnson,
Representative Charles Nergard, Representative Chester Clem,
Board of County Commissioners, St. Lucie County, Board of County
Commissioners,Martin County, Board of County Commissioners,
J
Okeechobee County, Judge James Alderman.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORID
BY Z& d �2
Alma Lee Loy, Chairman
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o00K 18 PAGEa`i3
C. 191973
ATTEST:
Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The undersigned, Clerk of the Board of County Commissioners
of the County and State aforesaid, does hereby certify that the
above and foregoing is a true and correct copy of a resolution
adopted by the said Board of County Commissioners at a meeting
held on December 19, 1973.
Witness my hand and the seal of said Board this 1�6 day of
December, 1973.
Ralph Harris, Clerk Circuit Court
By
fit. Grerk
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EC. 91973
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COMMISSIONER BOGOSIAN RETURNED TO THE MEETING.
DR. HERBERT KALE, PRESIDENT PELICAN ISLAND AUDUBON
SOCIETY AND CHAIRMAN OF THE ENVIRONMENTAL STUDY COMMITTEE APPEARED
REQUESTING THE BOARD TO CONSIDER AMENDMENTS TO THElPROPOSED
DUNE ORDINANCE IN ORDER TO -PREVENT DESTRUCTION .OF THE NATURAL
VEGETATION WHICH IS VITAL TO=MAINTAINING-THE DUNES.
DR. KALE INFORMED THE BOARD THAT AT PRESENT THERE IS'A 50
FOOT SET -BACK WHICH PROHIBITS BUILDING STRUCTURES BUT DOES NOT
- PROHIBIT PARKING LOTS, ETC, THE NEW ORDINANCE WOULD PROHIBIT
ANY DISTURBANCE OF THE BLUFF LINE OR VEGETATION WITHIN THE
50 FOOT SETBACK LINE. THIS WILL PROVIDE THE PROTECTION NEEDED
TO PREVENT DESTRUCTION AND REMOVAL OF THE VEGETATION COVER AND
THE DUNE ITSELF.
THE BOARD DISCUSSED THE PROPOSED RECOMMENDATIONS PRESENTED
BY DR. KALE AND AGREED THAT FURTHER STUDY BY THE ENVIRONMENTAL
STUDY COMMITTEE WAS NECESSARY,
ATTORNEY BURCH QUESTIONED THE LEGALITY OF ONE OF THE
RECOMMENDED PROVISIONS AND STATED HE WOULD INVESTIGATE FURTHER
AND NOTIFY THE BOARD AND DR. KALE.
DR.•KALE ALSO REQUESTED THAT THE BOARD CONSIDER AN
ORDINANCE FOR SITE PREPARATION PRIOR TO SITE PLAN APPROVAL.
THE ADMINISTRATOR AND DEWEY WALKER, ZONING INSPECTOR
INFORMED THE BOARD OF A HARDSHIP CASE INVOLVING MR. AND MRS.
GEORGE KEiALING WHO HAVE SUBDIVIDED THEIR PROPERTY WITHOUT FOLLOWING
COUNTY SUBDIVISION REGULATIONS. THEY OWNED A LARGE PARCEL OF
LAND WITH A HOUSE SITUATED AT ONE END OF THE PROPERTY. THEY SOLD
THE HOUSE AND WOULD NOW -LIKE TO BUILD ANOTHER HOUSE ON THE RE-
MAINING PROPERTY AND ARE REQUESTING AUTHORIZATION FROM THE BOARD TO.
ISSUE THEM A SPECIAL PERMIT TO BUILD. THEY ARE NOW LIVING IN A TENT,
WHICH THEY PUT UP ON THEIR PROPERTY.
CHAIRMAN.LOY LEFT THE MEETING AT 3:20 AND
VICE CHAIRMAN MASSEY PRESIDED.: -
CHAIRMAN LOY RETURNED TO THE MEETING AT 3:25 O'CLCOK P.M.
AFTER MUCH DISCUSSION A MOTION WAS MADE BY COMMISSIONER
BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, COMMISSIONER SIEBERT
VOTED IN OPPOSITION, THE BOARD APPROVED A VARIANCE BE GRANTED TO
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19 1973
12-x.91973 aoo 18 f�065
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MR. AND MRS. GEORGE KEALING AND THAT A ZONING PERMIT FOR CON-
STRUCTION OF A PERMANENT RESIDENCE BE GRANTED TO THEM BECAUSE
OF THE HARDSHIP SITUATION INVOLVED.
ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY
COMMISSIONER MASSEY, COMMISSIONER SIEEERT VOTED IN OPPOSITION,
THE BOARD GRANTED A TEMPORARY TENT PERMIT TO PSR. AND MRS. GEORGE
KEALING UNTIL THEIR PERMANENT HOME IS CONSTRUCTED.
COMMISSIONER SIEBERT LEFT THE MEETING AT 3:35 O'CLOCK P.M.
ATTORNEY BURCH LEFT THE MEETING AT 3:36 O'CLOCK P.M.
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID
OF ARNOLD FORD SALES INC. AS FOLLOWS AS BEING LOWEST AND BEST
BID MEETING.SPECIFICATIONS.IN THE TOTAL AMOUNT OF $85,285.00.
ARNOLD FORD SALES INC. ,
ITEM 1 $43,104.00
LESS TRADE IN _ .800.00 $35,304.00
ITEM 2 $15,448.00
LESS TRADE IN 5,200.00 10,248.00
ITEM 3 $15,034.00
LESS TRADE IN x.800.00 411,234.00
ITEM'4 $_4,116.00 $4,116.00
ITEM 5 $ 3,649.00
LESS TRADE IN $24649.00
00
ITEM 6 OPTION $211 Rl:pp
ITEM % i!0 BID
COMMISSIONER SIEBERT RETURNED TO THE MEETING AT 3:40
O'CLOCK P.M.
ATTORNEY BURCH RETURNED TO THE MEETING AT 3:40 O'CLOCK P.M.
A MOTION WAS MADE BY COMMISSIONER DRITENBAS, SECONDED
BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE
ADMINISTRATOR TO CONTRACT WITH BUILDERS SPECIALTIES, 847 20TH PLACE
TO REPLACE TWO OVERHEAD DOORS AT THE COUNTY GARAGE IN THE AMOUNT
OF $648.45 EACH. -13-
aoo� 18 PAA66
i
J
ON TION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED AN
AGREEMENT FROM K.D. HEDIN CONSTRUCTION COMPANY REGARDING THE
BOARD'S ACCEPTANCE OF THEIR BID TO RENOVATE THE COURTHOUSE,
SUBJECT TO THE ATTORNEY'S REVIEW AND APPROVAL AND AUTHORIZED
THE SIGNATURE OF THE CHAIRMAN.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED TO
FURNISH 325 CUBIC YARDS OF FILL AND A DOZER FOR ONE DAY TO THE
CITY OF VERO BEACH, AS PER THEIR REQUEST.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY DENIED THE REQUEST
FROM ALCO-HOPE REHABILITATION CENTER TO BORROW A COUNTY OWNED
POWER SAW, AS THIS WOULD BE AGAINST COUNTY POLICY.
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED A SICK LEAVE
POLICY FOR THE INDIAN RIVER COUNTY ROAD AND BRIDGE DEPARTMENT
AS PREPARED BY GEORGE MCKENNA, PERSONNEL DIRECTOR.
THE BOARD INSTRUCTED THE ADMINISTRATOR TO'PREPARE*
A HOLIDAY SCHEDULE FOR 1974 BASED ON THE SCHEDULE PREPARED BY THE
STATE AND TO CONTACT ALL ELECTED OFFICIALS BY LETTER FOR THEIR
SUGGESTIONS OR CONCURRENCE. THE 1974 HOLIDAY SCHEDULE WILL BE
ADOPTED AT THE NEXT COUNTY COMMISSION MEETING.
THE ADMINISTRATOR DISCUSSED A LETTER FROM THE ROSELAND
WOMAN'S CLUB REQUESTING A STREET LIGHT BE INSTALLED AT THE
INTERSECTION OF BAY STREET AND BAIRD STREET. IT WAS STATED
THAT THE COUNTY OWNS THE LAND AND THE CLUB OWNS THE BUILDING
AND THE COUNTY HAS DONE ALL MAJOR REPAIRS ON THE BUILDING. THE
BOARD AGREED THAT THERE SHOULD BE AN AGREEMENT WITH THE ROSELAND
WOMEN'S CLUB AS TO THE SPECIFIC WORK THE COUNTY COULD D0,
COMMISSIONER DRITENBAS LEFT THE MEETING AT 4:10 O'CLOCK P.M.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
MASSEY, THE BOARD REGRETFULLY DENIED THE REQUEST OF THE ROSELAND
WOMEN'S CLUB TO INSTALL STREET LIGHT AT THE INTERSECTION OF BAY
STREET AND BAIRD STREET AS THIS IS AGAINST ESTABLISHED COUNTY
POLICY.
-11-
600 18
THE ADMINISTRATOR DISCUSSED A LETTER FROM A. GROVER
FLETCHER, PRESPDENT OF THE ROSELAND PROPERTIES ASSOCIATION, INC.
REQUESTING THAT THE COUNTY PARK ON THE SEBASTIAN RIVER BE CLEANED
AND CLEARED UP TO THE SHORE LINE, CIRCULAR TREE BENCHES BE PUT IN
AND A SURFACE DRAINAGE SYSTEM INSTALLED IN THE CENTER OF THE
PARK,
THE ADMINISTRATOR STATED THAT THE CLEARING OF THE SHORE
LINE WOULD HAVE TO BE APPROVED BY THE ENVIRONMENTAL STUDY COMMITTEE.
COMMISSIONER DRITENBAS RETURNED TO THE MEETING AT 4:15 O'CLOCK
P.M.
THE BOARD AGREED TO REFER THIS MATTER TO THE COUNTY
ADMINISTRATOR FOR FURTHER INVESTIGATION.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED THE
APPOINTMENT OF DR. HENRY A. FISCHER TO SERVE ON THE INDIAN RIVER
COUNTY ZONING COMMISSION.
ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY
COMMISSIONER SIEBERT, THEBOARD UNANIMOUSLY APPROVED THE PAYMENT
OF $250.00 TO SHOWPLACE PROPERTIES, INC. 3415 GALT OCEAN DRIVE,
FORT LAUDERDALE, FLORIDA FOR ESTIMATING THE COST TO APPRAISE A
PIECE OF OCEANFRONT PROPERTY THAT THE BOARD WAS CONSIDERING
FOR PURCHASE,
THE BOARD HAD A REQUEST FROM FRANK ZORC, REAL ESTATE
AGENT TO ABANDON A ROAD IN SUN ACRES SUBDIVISION. THE ATTORNEY
STATED THAT THIS IS A PRIVATE SUBDIVISION AND THIS ROAD IS FOR
THE USE OF SUN ACRES RESIDENTS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY*
COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY AUTHORIZED THE
COUNTY ADMINISTRATOR TO WRITE MR. ZORC THAT THE BOARD DOES NOT
HAVE THE LEGAL AUTHORITY TO ABANDON THIS ROAD,
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING
RESOLUTION No. 73-81.
-15-
eooK
RESOLUTION(NO. 73-81
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have received numerous complaints of heavy trucks
and other vehicles parking on the county's right-of-way along 16th
Street (Rockridge Boulevard) between 7th Avenue and 8th Avenue and
WHEREAS, the parking of vehicles in that area creates a traffic
hazard and road maintenance problems,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that the County Administrator shall. immediately post "No Parking"
signs on the County's right-of-way on both sides of 16th Street
(Rockridge Boulevard) between 7th Avenue and 8th Avenue and the
Sheriff of Indian River County is requested to assist with enforcement
of this "No Parking" Resolution.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
Alma Lee Loy, Chairman
ATTEST:
'Eleik
-16-
DEC, 18 1973
. ` A . 'Q
-oflu , 10 PA.69
c ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED GEORGE
MCKENNA, PERSONNEL DIRECTOR, TO REPRESENT THE COUNTY AT THE
EQUAL EMPLOYMENT OPPORTUNITY ACT PROGRAM IN FORT LAUDERDALE,
FLORIDA ON DECEMBER 20, 1973.
THE BOARD DISCUSSED THE MANY APPLICATIONS RECEIVED
FOR THE POSITION OF CIVIL DEFENSE DIRECTOR AND IT WAS AGREED
THE GENERAL PUBLIC SHOULD BE NOTIFIED THAT THE DEADLINE FOR
SUBMITTING APPLICATIONS IS JANUARY 2ND, 1974 AND THAT A SPECIAL
MEETING WILL BE CALLED AFTER THAT DATE TO REVIEW AND EVALUATE
ALL THE APPLICATIONS.
COMMISSIONER MASSEY BROUGHT UP FOR DICUSSION THE
PROGRESS BEING MADE ON SECURING BEACHFRONT PROPERTY,
GEORGE BLOIS AND BART COLLARD, WHO HA W PROPERTY
IN THE SOUTH COUNTY AREA FOR SALE APPEARED AND MR. BLOIS MADE A
NEW OFFER TO THE COUNTY COMMISSIONERS WHICH IS BELOW THE APPRAISED
VALUE OF THE LAND. THIS NEW OFFER WAS REFERRED TO THE COMMITTEE
FOR EVALUATION.
THE BOARD AGREED TO A WORKSHOP.SESSION BEING SCHEDULED
TO FULLY DISCUSS THIS PROJECT AND ALSO SUGGESTED THAT THE COUNTY
ADMINISTRATOR MEET WITH THE PLANNING DEPARTMENT FOR WHATEVER
ASSISTANCE THEY CAN GIVE IN EVALUATING THE MANY PARCELS OF OCEAN
AND RIVERFRONT PROPERTY THAT IS FOR SALE.
THE BOARD SUGGESTED THAT COMMISSIONER MASSEY AND L.S.
THOMAS, THE BEACHFRONfPROPERTY COMMITTEE, PUT TOGETHER THEIR
RECOMMENDATIONS OF ABOUT 8 PARCELS AND PRESENT IT TO THE BOARD.
THE BOARD AGAIN DISCUSSED WHAT ACTION SHOULD BE TAKEN
REGARDING THE PROPOSED SITE FOR A STATE CORRECTIONAL INSTITUTION
IN INDIAN RIVER COUNTY. A MEETING OF THE STATE CABINET TO DISCUSS
THIS ISSUE HAS BEEN SCHEDULED FOR JANUARY 3, 1974. THE CHAIRMAN
SUGGESTED SECURING TWO APPRAISALS OF THE PROPERTY IN QUESTION IN
ORDER TO COMPARE THEM WITH APPRAISALS OBTAINED BY THE STATE. THE
BOARD IS UNDER THE IMPRESSION THE STATE APPRAISALS WERE TOO HIGH
FOR THIS PROPERTY.
-17-
_� _ 91973 6004 '18 PAGT370
THE ATTORNEY STATED THAT HE WOULD HAVE TO RESEARCH
THE LEGALITY OF THE BOARD HIRING AN APPRAISOR.
AFTER MUCH DISCUSSION A MOTION WAS MADE BY COMMISSIONER
MASSEY, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY
AUTHORIZED COMMISSIONER BOGOSIAN TO HIRE TWO M.A.I. APPRAISORS
TO APPRAISE THE PROPERTY THE STATE IS CONSIDERING FOR PURCHASE
IN ORDER TO CONSTRUCT A STATE CORRECTION INSTITIUTION, SUBJECT
TO THE APPROVAL OF ATTORNEY BURCH.
THE CHAIRMAN STATED THAT THE CABINET MEMBERS SHOULD
BE INFORMED OF WHAT INDIAN RIVER COUNTY IS DOING IN THE AREA
OF REHABILITATION AND PREVENTION
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE AP-
PLICATION FOR DR. HENRY A. FISCHER FOR A RENEWAL PERMIT TO CARRY
A FIREARM.
COMMISSIONER DRITENBAS RECOMMENDED THAT COUNTY FINANCE
MATTERS BE PLACED AS ITEM NO. 2 ON THE AGENDA. THE BOARD,
AGREED WITH THIS SUGGESTION.
THE FOLLOWING AGREEMENT HAVING BEEN RECEIVED IS
HEREBY BEING MADE A PART OF THESE MINUTES. u
I
919 coax 8 PAcE37i
1
AMM- IMT
This agreement, made and entered into on the _ 6 , day of November. , 19 -at
between the State of Florida, acting through the Department of Health and aeha-
bilitative Services, Rei on 08, and Indian River " Cou tv Welfare Dent., provides
for the acceptance of vouchers in a form approved by the parties to this agreement.
Such vouchers submitted in duplicate, are to be in lieu of cash for the purchase
of food stamps.
The Division of Family Services, Food Stamp Units operating in nr7ian 'm _-____
County will accept such vouchers issued by Indian FAjaar (`n U7e ►fare
Department for food stamps issued to the authorized household named in the
voucher.
Vouchers accepted in lieu of cash for food stamps will be submitted to the In� d3-rn
River Co. Welfare Department , by the Division of Family Services, Food
Stamp Unit, with a request for payment on the a_ day of each month.
The Indian River Co. Welfare Department _ _ agrees to remit payment 3n full
for the total amount of the vouchers to the Division of Family Services, Food
Stamp Unit, within , 20 _ days from the date of billing.
1 i n
This agreement is effective when approved by the parties to the agreement and
may be terminated by either party to the agreement upon thirty (30) days notice
in writing. Failure to remit payment in full within the specified time, will
result in immediate suspension.
Division of Family Services
Approved:
7� .i; n R;ticr inn L'Te�'Farf! T�ro'irt,meLLi: --- �:� � •••��
Legion Director
�: !� Department of Health and '_',ehabili-
tative Services,
Division of Famil�Servi�es ,�,
BY:�
gm 10 PAGM12%
Y
w
THE FOLLOWING RESOLUTION HAVING BEEN FULLY.'SIGNED IS
HEREBY BEING MADE A PART OF THESE MINUTES.
RESOLUTION No. 73-80
BE IT RESOLVED by the Board of County Commissioners of Indian
River County, Florida:
SECTION 1
This Resolution shall be known and may be cited as "Oslo Lake Mobile
Home Park Water and Sewer Franchise. "
SECTION 2.
For the purpose of this Resolution, the following terms, phrases, words
and their derivations shall have the meaning given herein. When not incon-
sistent with the context, words using the present terms include the future;
words in the plural number include the singular and vice versa. The word
"Shall" is always mandatory.
(a) "County" is Indian River County, a political subdivision of the State
of Florida:
(b) "Owner" is the Grantee of the rights under this franchise, that is,
Clifford S. Reuter and Leonard J. Hatale;
(c) "Board" is the Board of County Commissioners of the County;
(d) "Department" means the Indian River County Utilities Department;
(e) "Person" is any person, firm, partnership, association, corpora-
tion, company or organization of any kind.
(f) "Territory" means the area located in Indian River County, Florida,
outside the corporate limits of any municipality as the same is more particu-
larly defined and described herein.
(g) "Utility" means water or sewer utilities serving subdivisions,
apartment and housing complexes, condominium, mobile home or trailer parks,
industrial complexes, shopping centers and similar systems serving more
than one building. "Utility" includes wells, pumps, tanks, treatment facili-
ties, force mains, pump stations, collection systems, service lines and pipes,
real estate and easements necessary to such systems and includes every person,
corporation, lessee, trustee or receiver owning; operating, managing or
controlling a utility system or proposing construction of a system or who is
providing or proposes to provide water or sewer service to the public.
�DOK iS PAA73
SECTION 3.
There is hereby granted by the County to the Owner, the exclusive•
franchise, right and privilege to erect, construct, operate and maintain a
water and sewer system within the prescribed territory as herein provided
and for these purposes to sell water and sewerage collection and treatment
services within the territory and for these purposes to establish the neces-
sary facilities and equipment and to lay and maintain the necessary lines,
pipes, mains and other appurtenances necessary therefor in, along, under
and across the public alleys, streets, roads, highways and other public
places of the County; provided, however, that the County reserves the right
to permit the use of such public places for any and all other lawful purposes
and subject always to the paramount right of the public in and to such public
places.
SECTION 4.
The territory in which this franchise shall be applicable is all that part
of Indian River County, Florida, located within the following described boundary
lines, to -wit:
All of Tract 3, and North 20 Acres of Tract 6,
Section 26, Township 33 South, Range 39 East.
SECTION 5.
The Owner shall at all times during the life of this franchise be subject
to all lawful exercise of the police power and regulatory authority of the
County and to such regulation as the County shall hereafter'by resolution or
ordinance provide.
SECTION 6.
It is expressly understood and agreed by and between the Owner and
The County that the Owner shall save the County .and members of the Board
harmless from any loss sustained by the County on account of any suit, judg-
ment, execution, claim or demand whatsoever resulting from negligences on
the part of the Owner in the construction, operation or maintenance under
the terms of this franchise. The parties agree that in the construction of
- 2 -
DEC. 191973
this section, the claim of any person resulting from negligence on the part
of the Owner may be prosecuted directly by such person against the Owner
as tf no governmental immunity accrued to the County by virtue of the Owner's
use of a public place of the County. The County shall notify the. Owner
promptly after presentation of any claim or demand.
SECTION 7_
The Owner shall maintain and operate its plant and system and render
efficient service in accordance with the rules and regulations as are or may
be set forth by the Board from time to time. Additionally the Owner shall
comply with all requirements of the Department of Health and Rehabilitative
Services, Division of Health, the Department of Pollution Control, the Indian
River County Utilities Department and appropriate planning agencies relative
to construction, design, operation, capacity, maintenance and expansion.
The right is hereby reserved to the County to adopt, in addition to the pro-
visions he: ein contained and existing applicable resolutions or laws, such
o a
additional regulations as it shall find necessary in the exercise of the police
e
power and lawful authority vested in said County, provided that such regulations
shall be reasonable and not in conflict with the rights herein granted and not
in conflict with the laws of the State of Florida. The County shall have the
right to supervise all construction or installation work performed and to make
such inspection as it shall find necessary to insure compliance with all
governing regulations. Upon the termination of this franchise, the Owner
shall grant and deliver to the County, upon demand of the County, all of its
facilities, system, easements and rights appurtenant thereto (except the
treatment plant and the site for same) lying within Indian River County without
charge to the County. In the event any part or all of the territory covered
by this franchise shall be hereinafter incorporated in the limits of any munici-
pality of the State of Florida, then in such event the Owner agrees as a part
of the consideration of the granting of this franchise that said municipality
is herewith granted the right, power and authority to acquire all the property,
-3-
assets and facilities of the Owner without charge used in its services under
c -
this franchise.
SECTION S.
Owner shall commence construction of its sanitary sewer treatment and
collection system within six (6) months from date, otherwise the franchise
created hereby may become void and of no further force or effect at the option
of the Board. All the facilities of the Owner shall be constructed only in
accordance with plans and specifications approved by the State Board of
Health of the State of Florida and the Indian River County Utilities Depart-
ment and the quantity and quality of sewerage treatment shall at all times be
and remain not inferior to the rules, regulations and standards now or here-
after adopted by the State Board of Health. Whenever it is necessary to shut
off or interrupt services for the purposes of making repairs or installations,
1
the Owner shall do so at such time as will cause the least amount of incon-
venience to its consumers and unless such repairs are unforeseen and imme-
diately necessary, it shall give reasonable notice thereof to its customers.
SECTION 9.
(a) The Owner shall have the authority to promulgate such rules, regu-
lations, terms and conditions covering the conduct of its business as shall be
reasonably necessary to enable the Owner to exercise its rights and perform
its'obligations under this franchise, and to issue an uninterrupted service to
such and all of its consumers; provided, however, that such rules, regulations,
terms and conditions shall not be in conflict with the provisions hereof or with
the laws of the State of Florida and all of the same shall be subject to the
approval of the Board.
(b) At all times herein where discretionary power is left with the Board
of County Commissioners, the Owner, before discretionary action is taken by
The Board of County Commissioners, may request said Board that a group
of arbitrators be authorized to determine such discretionary action and such
group shall consist of:
-4-
DEC . 9197 etc 8 Pact
E
s
1. Board's Consulting Engineer
2. Company Engineer
3. One person selected by the two above persons. The Board
of Arbitrators so authorized and constituted shall make recommendations to
the Board of County Commissioners but such recommendations are not man-
datory.
Any final decision the arbitrators or Board may have, with
respect to this franchise, may be appealed to the Circuit Court of Indian River
County by either party.
SECTION 10.
All pipes, mains, lift stations, pumps, valves and other fixtures laid or
placed by the Owner shall be so located in the public places in the County as
not to obstruct or interfere with any other uses made of such public places
already installed. The Owner shall whenever practicable avoid interfering
with the use of any street, alley or other highway where the paving or surface
of the same would be disturbed. In case of any disturbance of pavement, side-
walk, driveway or other surfacing , the Owner shall at its own cost and expense
and in a manner approved by the County Engineer, replace and restore all
such surface so disturbed in as good condition as before said work was
commenced and shall maintain the restoration in an approved condition for a
period of one year. In the event that any time the County shall lawfully elect
to alter or change the grade of or relocate or widen or otherwise change any
such public way, the Owner shall, upon reasonable notice by the County, re-
move, relay and relocate its fixtures at its own expense. The Owner shall
not locate any of its facilities nor do any construction which would create any
obstructions or conditions which are or may become dangerous to the traveling
public. In the event any such public place under or upon which the Owner shall
have located its facilities shall be closed, abandoned, vacated or discontinued,
the Board may terminate such easement or license of the Owner thereto, pro-
vided, however, in the event of this termination of easement, any person,
-5-
®;C.1919%3 601 18 pasE377
except the County, requesting such termination shall pay to the Owner, in
advance, its costs of removal and relocation of the removed facilities in order
to continue its service as thertofore existing, or the County shall retain an
easement not less than ten feet in width for the benefit of the Owner and its
facilities.
SECTION 11
The Owner shall not as to rates, charges, services, facilities, rules,
regulations or in any other respect make or grant any preference or advan-
tage to any person nor subject any person to any prejudice or disadvantage,
provided that nothing herein shall prohibit the establishment of a graduated
scale of charges and classified rate schedule to which any consumer. coming
within such classification would be entitled.
SECTION 12
r (a) The Owner shall furnish, supply, install and make available its water
and sewer collection and treatment system to any and all persons within the
territory making demand therefor, and shall provide such demanding person
with its services and facilities within 90 days from the date of such demand;
provided, however, that the Board may, upon application of the Owner, extend
the time for providing such service to such demanding person. In the event,
the Owner fails to provide its services and facilities to any area within the
territory within the time provided, then in such event the County may by
resolution of the Board limit, restrict and confine the territory to that area
then being serviced by the Owner or such greater area as the Board shall
1 determine and thereafter the territory shall be the only area set forth, defined
and provided by the Board and the provision of this franchise shall not extend
beyond the limits of the area so restricted and defined.
(b) The Owner shall not be required to furnish, supply, install and make
available its water and sewer collection and treatment system to any person
within the territory as hereinafter set forth, unless the same may be done at
such a cost to the Owner as shall make the addition proposed, financially and
physically feasible. Financially feasible shall mean that with a fair and
reasonable rate to be charged by the Owner for all the services under this
franchise, to the end, that such rate will produce to the Owner a sum suffi-
g
1
tient to meet all necessary costs of the services; including a fair rate of
return on the net valuation of its property devoted thereto, under efficient
and economical management. The burden of showing that a prospective
service to the area is not financially feasible shall be the burden of the Owner.
SECTION 13
The Owner shall not sell or transfer its plant or system to another nor
transfer any rights under this franchise to another without the approval of
the Board and provided, further, that no such sale or transfer after such
approval shall be effective until the vendee, assignee or lessee has filed with
the Board an instrument in writing reciting the fact of such transfer and
accepting the terms of this franchise and agreeing to perform all of the con-
ditions thereof. In any event this franchise shall not be transferrable and
assignable until notice or request for transfer and assignment shall be given
by the Owner to the Board in writing, accompanied by a request from the
proposed transferee, which application shall contain information concerning
the financial status and other qualifications of the proposed transferee and
such other information as the Board may require. A public hearing shall be
held on such request of which notice shall be given by publication in a news-
paper regularly published in the County at least one time not more than one
month nor less than one week preceding such hearing. Certified proof of
publication of such notice shall be filed with the Board. Said hearing may
thereafter be continued from time to time as determined by the Board; The
Board will, however, approve or disapprove such sale or transfer within
ninety (90) days from the date of said public hearing. The consent by the
,Board to any assignment of this franchise shall not unreasonably be withheld.
SECTION 14
The rates charged by the Owner for its service hereunder shall be fair
and reasonable and designed to meet all necessary costs of the service,
including a fair rate of return on the net valuation of its properties devoted
thereto under efficient and economical management. The Owner agrees that
-7-
Baa%18
���
- S
it shall be subject to all authority now or hereafter possessed by the County
or any other regulatory body having competent jurisdiction to fix just,
reasonable and compensatory rates. When this franchise takes effect, the
Owner shall have authority to charge and collect not to exceed the following
rates:
1. Water hook-up $200.00
Sewer hook-up 250.00
2. Rates - Water $4. 00 or $. 85 per 1000 gallons,
whichever is greater.
1 3. Rates - Sewer Same as water bill
Owner's rates shall at all times be subject to the review and approval
of Indian River County's Board of County Commissioners and no change may be
made by Owner in the basis of its rates without first making application therefor
and public hearing thereon.
SECTION 15
The County shall have access at all reasonable hours to all of the Owner's
plans, contracts, engineering data, accounting, financial, statistical, consumer
and service records relating to the property and the operation of the Owner and
to all other records, required to be kept hereunder, and it shall file such
accounting reports and data with the County when required.
SECTION 16
The Owner shall at all times maintain public liability and property damage
insurance in such amounts as shall be required from time to time by the Board
in accordance with good business practices as determined by safe business
standards as established by the Board for the protection of the County and the
general public and for any liability which may result from any action of the
Owner. The County shall be named as an additional insured on all such
policies of insurance and a copy of the policy shall be delivered to the County
Administrator. If any person serviced by the Owner under this franchise com-
plains to the Board concerning rates, charges and/or operations of such
utility and the Owner after request is made upon it by the Board, fails to satisfy
or remedy such complaints or objections or fails to satisfy the Board that
-8-
91 73 0.0 8 fAgE380
%
said complaint or objection is not proper, the Board may thereupon, after due
notice to such utility, schedule a hearing concerning such complaint or objec-
tion and the Board may review the rates and charges set and charged by the
Owner for the services which it furnishes or the nature and character of the
service it furnishes or the quality or services furnished. If the Board enters
its order pursuant to such a hearing and the Owner feels it is aggrieved by
such order, the Owner may seek review of the Board's action by proceedings
in the Circuit Court of the County; otherwise, the Owner shall promptly comply
with the order of the Board.
SECTION 17
Should the Owner desire to increase any charges heretofore established
and approved by the Board, then the Owner shall notify the Board in writing,
setting forth a schedule of rates and charges which it proposes. A public
w
hearing shall be held on such request, of which notice shall be given by pub-
lication in a newspaper regularly published in said County at least one time
not more than one month nor less than one week preceding such hearing.
Certified proof of publication of such notice shall be filed with the Board.
Said hearing may thereafter be continued from time to time as determined by
the Board. The Board will, however, approve or disapprove said increase
in rates within ninety (90) days of said public hearing. If the Board enters
order pursuant to said hearing and the Owner or any person feels aggrieved
by such order, then the Owner or such person may seek review of the Board's
action by proceedings in the Circuit Court of the County.
SECTION 18
Prior to the Owner constructing any of its facilities as herein authorized
the Owner shall make application to and obtain a permit from the Indian River
County Utilities Department authorizing said construction. The County shall
have the right when special circumstances exist to determine the time in
which such construction shall be done.
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ee x M FAAK
M
SECTION 19
If the Owner fails or refuses to promptly and faithfully keep, perform
and abide by each and all of the terms and conditions of this franchise, then
the Board shall give the Owner written notice of such deficiencies or defaults
and a reasonable time within which the Owner shall remedy the same, which
notice shall specify the deficiency or default. If the Owner fails to remedy
such deficiency or default within the time required by the notice from the
Board, the Board may thereafter schedule a hearing concerning the same
with reasonable notice thereof to the Owner and after such hearing at which
all interested parties shall be heard, the Board may further limit or restrict
this franchise or may terminate and cancel the same in whole or in part if
proper reasons therefor are found by the Board. If the Board enters order
pursuant to such hearing and the Owner or any other person feels aggrieved
by such order, the utility or such other person may seek review of the Board's
action by proceedings in the Circuit Court of the County.
SECTION 20
This franchise shall not affect, limit or restrict the rights or privileges
as set forth and contained in any license issued to any utility heretofore
granted by the Board pursuant to Section 125. 42, Florida Statutes.
SECTION 21
The franchise and rights herein granted shall take effect and be in force
from and after the time of the adoption of this resolution by the Board -and
shall continue in force and effect until such time as the County, a municipal
corporation of the State of Florida, within the territory of this franchise, may
install or acquire its own sewerage collection and treatment system and
supplies the same to individual customers at which time, Owner will convey
all of its facilities (except for sewer treatment plant and plant site) and
easements for location of same as Owner may own, free and clear of all
liens or mortgages, to said County without charge; provided, however, that
within sixty days from the time of the adoption of this resolution, the Owner
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191973 18 fAA82
i
9
shall file with the Board its written acceptance of this franchise and all of its.
terns and conditions and provide further that if such acceptance is not filed
within the time specified, then the provisions of this franchise shall be null
and void.
SECTION 22
If any word, section, clause or part of this resolution is held invalid,
such portion shall be deemed a separate and independent part and the same
shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of Indian
River County, Florida, has caused this franchise to be executed in the name
of the County of Indian River by the Chairman of the Board of County Com-
missioners, and its seal to be affixed and attested by its Clerk, all pursuant
to the resolution of the Board of County Commissioners adopted on the
day of _�y,;'y'L 1973.
Signed, sealed and delivered
in thep res. ce of: COUNTY OF INDIAN RIVER, FLORIDA
By:
Of As Chairman of the Boar f
County Com missione s
Attest:
Clerk
ACCEPTANCE OF FRANCHISE
The Oslo Lake Mobile Home Park Water and Sewer Franchise Owners
do hereby accept the foregoing franchise and for themselves and their suc-
cessors and assigns, do hereby covenant and agree to comply with and abide
by all of the terms, conditions and provisions therein set forth and contained.
DATED this 3 j _day of` e _ _ �, 1973.
Approve s to form:
County Attornq
CliffOff S. R
Leonard J.
i0 fu[ 83
09979 — 1008 INCLUSIVE: FINE AND FORFEITURE NOS. 608 —.610 IN—
CLUSIVE: CAPITAL OUTLAY FUND No. 146. SUCH BILLS AND ACCOUNTS
BEING ON FILE IN THE OFFICE OF THE CLERK OF THE:CIRGUIT COURT.
i
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
I
SECONDED AND 'CARRIED THE BOARD ADJOURNED AT 6:30 O'CLOCK P.M.
ATTEST:
b
HAIRMAN
a
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