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HomeMy WebLinkAbout2/6/19741974 WEDNESDAY, FEBRUARY 6, 1974 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, FEBRUARY 6, 1974 AT 8;30 O'CLOCK A.M. PRESENT WERE ALMA LEE Loy, CHAIRMAN; EDWARD J. MASSEY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; .JACK U. DRITENBAS, 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. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS -OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF .JANUARY 23, 1974. COMMISSIONER DRITENBAS REQUESTED ON PAGE 14, THLRD PARAGRAPH, SIXTH LINE ..12... BE CHANGED TO READ "...20".'...". THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF .JANUARY 23, 1974, AS WRITTEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLL, FOR THE CIRCUIT COURT FALL TERM, IN THE AMOUNT OF $86.72. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT -OF - COUNTY TRAVEL FOR GLADYS VIGLIANO, WELFARE DIRECTOR TO ATTEND THE STATE ASSOCIATION OF COUNTY WELFARE EXECUTIVES ON MARCH 2 - STH AT PANAMA CITY, FLORIDA. ON MOTION BY COMMISSIONER SIEI£RT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR PERMITS TO CARRY FIREARMS BY VERLIN C. WAUGH AND PHIL HARGIS. BOOK La PAGE256 ® i THE SHERIFF FILED WITH THE BOARD A STATEMENT OF HIS APPOINTMENT OF BERNARD C. HERSCHMAN AND ROY FRANCIS ,JONES AS DEPUTY SHERIFFS AND SAID DEPUTY SHERIFFS FILED THEIR BOND WITH THE CLERK OF THE CIRCUIT COURT WHICH WAS PRESENTED TO THE BOARD. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE BOND OF SAID DEPUTY SHERIFFS AND ORDERED THEM FILED WITH THE CLERK OF THE CIRCUIT COURT. INDIAN RIVER COUNTY WELFARE DEPARTMENT SUBMITTED THEIR MONTHLY REPORT FOR JANUARY 1 - 31ST, 1974 AND IT WAS PLACED ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT. JACELYN K. BLOCK, VOLUNTEER COORDINATOR WITH THE YOUTH GUIDANCE VOLUNTEER PROGRAM APPEARED REQUESTING THE BOARD TO ADOPT A RESOLUTION STATING THAT THE COUNTY IS INTERESTED IN CONTINUING THIS PROGRAM THROUGH 1974. MRS. BLOCK STATED THAT SHE WILL SUBMIT THE ADOPTED RESOLUTION, GRANT APPLICATION AND BUDGET REQUEST FOR 1974 TO THE BUREAU OF CRIMINAL .JUSTICE PLANNING AND ASSISTANCE FOR REVIEW AND APPROVAL. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 74-10. =I 009 FEB 1974 Book 19. PAGE25`� RESOLUTION NO -74-10 WtfEREAS, the Board of County Commissioners of Indian River County, Florida, herein called the "Applicant", after thorough consideration of the problem and available data, has hereby determined that the project described below is in the best interests of the general public: The Youth Guidance Volunteer Program is designed for children who are not yet classified as delinquent but are on the way. ! It is hoped that by utilizing the skills of a volunteer on a one-to-one basis, the child's needs can be met, therefore, preventing the child from having to go through with official court action and receiving a court record. With the use of the Volunteer Program the child's needs can be met by a Volunteer, diverting the child from the Juvenile Court and Division of Youth Services personnel, therefore freeing the Youth Counselor's time to provide more efficient counseling to those children that need his professional skills. and WHEREAS, under the terms of Public Law 90-351 as amended, the United States of America has authorized the Law Enforcement Assistance Ad- ministration, through the Bureau of Criminal Justice Planning and Assis- tance, to make Federal Grants to assist local governments in the improve- ment of criminal justice; and WHEREAS, the Applicant has examined and duly considered such Act and the Applicant considers it to be in the public interest and to its benefit to file an application under said Act and to authorize other ac- tion in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners -of Indian River County, Florida, in open meeting assembled in the City of Vero Beach, Florida, the.6th day of February, 1974, as follows: .1. That the project generally described above is in the best in- terests of the Applicant and the general public. 2. That Jack G. Jennings, County Administrator, be hereby autho- rized utho rized to file in behalf of the Applicant an application in the form pre- scribed by the Bureau of Criminal Justice Planning and Assistance in con- formity with said Act, for a grant to be made to the Applicant to assist in defraying the cost of the project generally described above. 52 FEB 6 1974 eoox '19 PAGE258 3. That if such grant be made, the Applicant shall provide or make necessary arrangements to provide such funds and/or in-kind contributions in addition to the grant as may be required by the Act to defray the cost of the project generally described above. 4. That said Jack G. Jennings, County Administrator, is hereby au- thorized to furnish such information and take such other action as may be necessary to enable the Applicant to qualify for said grant. S. That the Official designated in the preceding paragraph is here- by designated as the authorized representative of the Applicant for the pur- pose of furnishing to the Bureau of Criminal Justice Planning and Assistance such information, data and documents pertaining to the application for said grant as may be required and otherwise to act as the authorized representa- •tive of the Applicant in connection with this application. 6. That certified copies of this resolution be included as part of the application for said grant to be submitted to the Bureau of Crimi- nal Justice Planning and Assistance. 7. That if such grant be made, the Applicant or Official desig- nated in paragraph 4 above shall maintain such records necessary and fur- nish such information, data and documents as required by the Bureau of Criminal Justice Planning and Assistance to support the implementation of the project generally described above. ..8. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By 4�:� t C airman i V . FEBW BOOK 19 PAG(259 M M 0 Commissioner j2s(--�&Ir- offered the foregoing resolution. and moved its adoption which was seconded by commissioner Upon Toll call, the vote was: Ayes: Nays: Absent and/or not voting: Date: February 6, 1974 ATTEST: Clerk �aoK '19 PAcr260 THE ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM OWNERS OF LOTS I AND 2 OF BLOCK "An, GRANADA GARDENS, UNIT N0, 1 REQUESTING THE ABANDONMENT OF A FIVE FOOT UTILITY EASEMENT LOCATED BETWEEN LOTS I AND 2. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED ABANDONING THE FIVE FOOT UTILITY EASEMENT BETWEEN LOTS I AND 2 OF BLOCK A, GRANADA GARDENS, UNIT I AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE EASEMENT. THE BOARD THEN DISCUSSED THE ABANDONING OF EASEMENTS AND THE PROCEDURE CURRENTLY BEING USED. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER $IEBERT, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION.NO. 74-11. -6- s4 aooK 19 FacE2' C C CHAMBER OF COMMERCE VERO BEACH - INDIAN RIVER COUNTY 1216- 21ST STREET P.O. BOX 1656 VERO BEACH, FLORIDA 32960 ( 309 ) 567.3491 PROPOSED RESOLUTION 7d1 --l1 WHEREAS, the first citrus grove was planted in this county in 1880, and WHEREAS, since that time, the citrus industry has continued to grow, and WHEREAS, with the growth has come the continued striving for excellence, and WHEREAS, such dedication has made Indian River citrus fruit a by -word for quality, and WHEREAS, there are approximately 52,000 acres of citrus - being grown in Indian River County today, and WHEREAS, citrus constitd6s the largest agricultural industry in Indian River County and is the major factor in its economy, and WHEREAS, the week of February 15 through February 23, 1974, has been designated by the Governor of Florida as "Florida Citrus Week", it would appear fitting and proper that due recognition be given to the citrus industry of Indian River County and its vital part of our future. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of February 15, through February 23, inclusive, 1974, shall be, and is hereby, designated as Indian River Citrus Festival, in honor of that industry and the part played by it in our community. 1974 BOOK B PACE262 Proposed Resolution Board of County Commissioners Indian River County ATTEST: FEB174 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA i By _d4rt '�4. Board Chairman 119 a�oK 19 PnE 3 THE ADMINISTRATOR INFORMED THE BOARD OF A LETTER RECEIVED FROM MR. SIMPSON FROM THE DEPARTMENT OF TRANSPORTATION REGARDING THE RESURFACING OF STATE ROAD AIA FROM BEACHLAND BLVD. TO THE SOUTH COUNTY LINE. IT WAS STATED THAT THIS PROJECT HAS BEEN MOVED UP TO NUMBER ONE POSITION FOR THE FISCAL YEAR 1974-75. THE ADMINISTRATOR INFORMED THE BOARD OF A LETTER RECEIVED FROM RAY GARNER, COURT ADMINISTRATOR, REQUESTING THAT THE ENTRANCE DOOR TO ROOMS 214 AND 214A IN THE COURTHOUSE BE RELOCATED, THE BOARD AGREED TO REFER THIS REQUEST TO THE BUILDING COMMITTEE FOR EVALUTION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE BUILDING COMMITTEE TO DO WHAT IS NECESSARY IN REGARD TO THIS,COURTHOUSE ALTERATION AS REQUESTED BY THE COURT ADMINISTRATOR. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ED JACKSON, CIVIL DEFENSE DIRECTOR TO ATTEND A STATE ASSOCIATION OF COUNTY COMMISSIONERS MEETING ON FEBRUARY 7, 1974 IN TAMPA, FLORIDA RELATIVE TO THE ENERGY CRISIS AND TO SUBMIT A WRITTEN REPORT TO THE BOARD, THE ADMINISTRATOR SUBMITTED TO THE BOARD FOR FINAL APPROVAL A PLAT OF BRUMLEY ACRES SUBDIVISION. THIS IS A PRIVATE ROAD SUBDIVISION MEETING ALL REQUIREMENTS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF BRUMLEY ACRES SUBDIVISION, SUBJECT TO THE AD- .MINISTRATOR'S REVIEW AND APPROVAL OF THE FINAL PLAT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR VAL BRENNAN, PLANNING DIRECTOR TO ORLANDO, FLORIDA TO ATTEND THE AMERICAN INSTITUTE OF PLANNERS MEETING ON FEBRUARY 9TH, 1974. -9- FEB 61974 scox 19 PA,21164 CHAIRMAN Loy, COMMISSIONER BOGOSI.AN, AND ATTORNEY BURCH ATTENDED A FLORIDA STATE CABINET MEETING ON FEBRUARY S, 1974 IN TALLAHASSEE AND REPORTED TO THE BOARD THAT -THE ACTION TAKEN BY THE FLORIDA STATE CABINET WAS TO APPROVE THE LOCATION OF A PRISON IN INDIAN RIVER COUNTY. THE BOARD DISCUSSED SCHEDULING A SPECIAL MEETING IN ORDER TO DISCUSS OCEAN AND RIVERFRONT PROPERTY THAT THE COUNTY IS CONSIDERING FOR PURCHASE AND AUTHORIZED L.S. THOMAS, FINANCIAL COORDINATOR, TO PREPARE A LIST OF ALL PROPERTIES OFFERED TO THE COUNTY FOR SALE AND ALSO TO SECURE A SET OF AERIAL PHOTOGRAPHS OF THESE AREAS FOR THEIR REVIEW. CHAIRMAN Loy INFORMED THE BOARD OF A LETTER FROM .JOHN BEIDLER, MOSQUITO CONTROL DIRECTOR REQUESTING ESTABLISHMENT OF A POLICY THAT THE MOSQUITO CONTROL BOARD COULD OPERATE UNDER, ATTORNEY BURCH STATED THAT THE "STATEMENT OF POLICY REGARDING MOSQUITO CONTROL IMPOUNDMENTS & FISH & WILDLIFE OCCURRING THEREIN BY INDIAN RIVER MOSQUITO CONTROL DISTRICT" DOES NOT CONFLICT WITH ANY EXISITING COUNTY POLICIES. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD AUTHORIZED THE CHAIRMAN TO ANSWER MR. BEIDLER'S LETTER STATING THAT THE ABOVE MENTIONED STATEMENT OF POLICY DOES NOT CONFLICT WITH ANY EXISTING COUNTY POLICIES. COMMISSIONER SIEBERT INFORMED THE BOARD OF A CALL FROM DON VICKERS, REGARDING A PRIVATE ROAD OWNED BY MR, VICKERS THAT IS LOCATED'WEST OF U.S.#1, RUNNING NORTH AND SOUTH FROM SAN SOUCCI MOBILE HOME PARK TO SEBASTIAN HIGHLANDS. THIS ROAD HAS BEEN MAINTAINED BY THE COUNTY, BUT IT IS IN NEED OF MAJOR REPAIR. MR. VICKERS HAS REQUESTED THAT THE COUNTY MAINTAIN AND REPAIR THIS ROAD. IF THIS IS NOT POSSIBLE, THEN HE WILL DO THE NECESSARY ROAD WORK AND POSSIBLY CLOSE THE ROAD TO ALL THRU TRAFFIC. THE BOARD REFERRED THIS TO THE ADMINISTRATOR FOR INVESTIGATION. =10 - FEB 6 1974 Bonk 19 pAc[265 COMMISSIONER SIEBERT THEN INFORMED THE BOARD THAT IN HIS OPINION SAN $GUCCI MOBILE HOME PARK IS NOT BEING DEVELOPED ACCORDING TO THEIR SITE PLAN AND COULD BE IN VIOLATION OF THE COUNTY ZONING ORDINANCE. THE BOARD DISCUSSED THIS AND IT WAS SUGGESTED THAT STARTING IMMEDIATELY NO CERTIFICATE OF OCCUPANCY BE ISSUED UNTIL THIS MOBILE HOME PARK CONFORMS TO THEIR.APPROVED SITE PLAN. THE BOARD SUGGESTED A MEETING WITH DON ADAMS, BUILDING DIRECTOR, ATTORNEY BURCH, COMMISSIONER DRITENBAS, AND BOB BERG, ASSISTANT PLANNER BE SCHEDULED TO DISCUSS SITE PLAN INSPECTION AND FOLLOW-UP PROCEDURES, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ATTORNEY TO INVESTIGATE THE POSSIBLE VIOLATIONS AT THE SAN $GUCCI MOBILE HOME PARK AND TO TAKE APPROPRIATE ACTION. .JEROME KRAMER, VERO BEACH ASSOCIATION APPEARED REQUESTING THAT THE FOLLOWING LETTERS BE MADE A PART OF THESE MINUTES. MR. KRAMER ALSO REQUESTED THE BOARD MAKE EVERY EFFORT TO ADOPT THE COUNTY MASTER PLAN. THE BOARD AGREED TO MAKE THE LETTERS A PART OF THE MINUTES AS REQUESTED BY MR. KRAMER. -11- 1974 eflax 19 PACE266 :-se li�.a1 r �s ._.? 1: e� � t3 r 4: 7 i:_.v its ie a w ioi 4d Y •t! _`' Jj INCO A+'OPATtO F'. O. BOX 3381 - VER O BEACH FLORIDA - 321G0 %\ 12 % 0 S��. ti OCT 1971 RECEIVED -' CM October 3, 1973' �.:�•^„J�w�� ��i,. Board of County Commissioners Indian River County In connection with the County portion of the proposed Mas- ter Pian which will be presented for public consideration at a -meeting tonight, October 3, we invite your attention to an ex- pression of the public attitude as reflected by the results of a survey presented to you on February 13, 1973 and by an excess of 2000 petitions presented to you in May and June, all of which indicate opposition to any attempts to permit rezoning of -single dwelling property along North and South beaches in the County. We also remind you that your action on September 19 acknowledged the public's view and was consistent therewith. The County por- tion of the proposed Master Plan is clearly inconsistent with both the public's interests and your position. Accordingly, supplementing the earlier survey reports and petitions, we submit herewith/0 1.7. petitions asking that you and your planning staff modify that proposed plan in a manner consistent with the public view and your position* These peti- tions also ask that you adopt the County portion of the proposed Master Plan as so modified and take the necessary action to render that Plan enforceable as a zoning map. We shall supply you with additional petitions consistent . herewith as they are received. Sincerely 'yours, Ralph Edmiston Secretary Treasurer cc: Joint City -County Planning Dept. 6A ... An Organization of 11onlrotvnrrs of City of Vero Beach and Indian River (:ounty r —1.2- 4 FE 61 6 1974 nox 19 pAcf297 - INc_O.POWAt40 32960 - P.O. BOX 3381 VERO BEACH FLORIDA January 21,1974 Board of County Commissioners Indian River County This will supplement our letter and enclosures o relatingthe3, 1973 wherein we supplied you with /a/Z petitions County portion of the proposed Master Plan. Enclosed herewith are an additional 191 such petitionsh petitions we askthathat youmake a with part of the record together withthe our letter of October 3, It has been over 3 months since your Planning Department supplied the proposed Master Plan for public consideration at a meeting at the Community Center on October 3, 1973. As a result. of that meeting your Planning Department agreed to modify the pro- posed Master Plan to.limit the area between the South City line and the south County line along A- =oofiagplanasolmodifiednsub- zoning. We have indicated our appoval ject to adoption of the plan by you with a committmeut to permit no rezoning inconsistent with the plan and to revise your zoning districts to conform to the plan as soon as practical. We have been informed by your Planning Department that they propose to present the plan to a joint session of the County Com- mission and the County Planning Commission for approval and adoption in principle as outlined above. We -urge efyou toerably no later schedule such a joint session as early as possible than February of this year. Sincerely, The Vero Beach Association, Moorings, Floralton, Smuggler's Cove and Porpoise Point Property Owner's Associations - By Arthur S. Friend c ad, ASF/kw VBA ... An Organization of Homeowners of City of Fero Beach and Indian River Connty -13- 0 FES 6 1974 00.0K. 19 Pa9[268 a COMMISSIONER BOGOSIAN INFORMED THE BOARD, AS.A POINT OF CLARIFICATION, THAT ALCO HOPE, INC. IS UNDER THE MENTAL HEALTH BOARD AND SUGGESTED THAT THE ADMINISTRATOR REQUEST A LETTER FROM THE MENTAL HEALTH BOARD TO SATISFY THIS BOARD THAT THE ALCO-HOPE FACILITIES ARE UNDER CONTRACT AND ARE BEING OPERATED AND FINANCED UNDER THE MENTAL HEALTH BOARD. ON OCTOBER 24, 1973, THE BOARD AUTHORIZED THE ADMINISTRATOR TO WORK OUT THE DRAINAGE PROBLEMS AT THE ALCO HOPE REHABILITATION CENTER LOCATED ON BARBER AVENUE. THIS WORK HAS NOT BEEN DONE. COMMISSIONER BOGOSIAN REQUESTED THAT WHEN THE ADMINISTRATOR RECEIVES THE ABOVE SUGGESTED LETTER FROM THE MENTAL HEALTH BOARD THAT THE WORK AUTHORIZED BY THE BOARD IN OCTOBER BE DONE . ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED RETRO- ACTIVE OUT -OF -COUNTY TRAVEL FOR COMMISSIONER Loy, COMMISSIONER BOGOSIAN AND ATTORNEY BURCH TO TALLAHASSEE ON .JANUARY 31 AND FEBRUARY 1ST, 1974 TO DELIVER THE YEAR END FISCAL REPORT TO THE COMPTROLLER'S OFFICE AND ON FEBRUARY 4TH AND 5TH, 1974 TO ATTEND THE FLORIDA STATE CABINET MEETING REGARDING A--. PRISON BEING LOCATED IN INDIAN RIVER COUNTY. THE ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM ROBERT J. KRZEMINSKI FROM THE DEPARTMENT OF TRANSPORTATION, STATING THAT THE BRIDGE NORTH OF FELLSMERE ON STATE ROAD 507 IS SCHEDULED FOR REPLACEMENT AND STATE ROAD 605 BETWEEN 612 AND 60 IS SCHEDULED FOR UPGRADING AND THE WORK ON THESE TWO PROJECTS WILL BE COMPLETED PRIOR TO CHANGING THESE ROADS FROM THE PRIMARY ROAD SYSTEM TO THE SECONDARY ROAD SYSTEM, L. S. THOMAS, FINANCIAL COORDINATOR INFORMED THE BOARD THAT HE ATTENDED A MEETING WITH THE FLORIDA INLAND NAVIGATION DISTRICT AND AT THAT MEETING THE FOLLOWING RESOLUTION WAS ADOPTED REGARDING THE UTILIZATION OF SPOIL AREAS BY INDIAN RIVER COUNTY. -14- Book �:9 269 k3, TATHEREAS, numerous islands, o�,ned or controlled by FUM, the United States, or TIIF, exist within arei;s under spoil disposal easement to the United States in connection with the Intracoastal Waterway project; and WHEREAS, there is no planned or supervised program for utilization or protection of these islands in the public interest; and WHEREAS, these islands may be required.to be used £roz time to time for the disposal of dredged materials in con- nection with the maintenance and improvement of the Intra- coastal Waterway; and WHEREAS, the Board of Commissioners of Indian River. County have expressed a desire to develop a program for appropriate public.,use of these islands; and WIIEREAS, it has long been the belief of this Board that the natural and public resources represented by these spoil islands should be properly.protected and developed in the public interest; hroll, -THEREFORE, BE IT RESOLVED by the Board of Comr%is- sioners of the Florida Inland Navigation District meeting in the County Courthouse, Stuart, on 25 January 1974 that; 1. The Florida Inland Navigation District cooperate in every practicable manner with the Board of Commissioners of Indian River County to develop and.to promote a comprehensive -pro- gram for the public recreational and conserva- tional utilization and protection of these islands, subject to their continued availability for use as necessary as disposal areas for dredged materials in connection with the Intra- coastal SdaL•erway prejcct; and 2. BE IT FURTHER ItESO qBD that til_ Florida Inland P:avirati.on lAstrict stLIH is he::ebv author�.zed to cspernd not to e::ceed $Z, 500 from the budgeted item fc)r spoil area raanau,_;aent in furtherance oc this cooperative effort. -15- FEB 6 197 coax 19 Pw270 ATTORNEY BURCH WAS INSTRUCTED TO WRITE A LETTER TO .JOE EARMAN, SR.THANKING HIM FOR HIS EFFORTS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED PAYMENT OF $5,873.00 TO MCALPIN, CURTIS AND O'HAIRE, CERTIFIED PUBLIC ACCOUNTANTS, FOR THEIR WORK ON THE COUNTY'S YEAR END FINANCIAL REPORT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT - OF -COUNTY TRAVEL FOR ROBERT BERG, ASSISTANT PLANNER TO ATTEND A MEETING ON IMPACT ZONING IN BROWARD COUNTY ON FEBRUARY 11,-1974 , _16 - FEB 8OOB 19 PAc[271 THE FOLLOWING BOND HAVING BEEN RECEIVED IS HEREBY BEING MADE A PART OF THESE MINUTES. STANDARD CONTRACT BOND KNOW ALL MEN BY THESE PRESENT'S: Bond No. LB 625732 That Bert Martin and Son, Inc. of Vero Beach, , State'of Florida hereinafter called the Principal, and Florida Farm Bureau Mutual Insurance Company of Gainesville, Florida , hereinafter called the Surety, are held and firmly bound unto Indian River County of Vero Beach , State of Florida hereinafter called the Obligee, in the sum of Three Thousand and 00/100-------- --------------------------------------------------($3,000.'00)------ Dollars, for the payment whereof to the Obligee the Principal binds his heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its suc- cessors and assigns, firmly by these presents. Signed, sealed, and dated this 12th day of December , 1973 WHEREAS the Principal and the Obligee have entered into a written contract, hereinafter called the Contract for Excavation of fill from - The NW14 of the SE's of Sect. 20, Township 31 S., Range 39 E.; said land lying and being in Indian River County, Florida AND The N 31 of the N k of the SW14 of the SE 34 of Sect. 20, Township 31 S., Range 39 E; said land lying and being in Indian River County dated the 11th day of January 19 74 , which contract I is by reference made a part hereof: NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principal's failure to comply with any of the terms of the contract, then this obligation shall be void; otherwise it shall remain in force. The foregoing obligation, however, is limited by the following.express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder. 1. Upon the discovery by the Obligee, or by the Obligee's agent or representative, of any act or omission that shall or might involve a loss hereunder, the Obligee shall give immediate written notice thereof with the fullest information obtainable at the time to the surety at its home office. 2. If the Principal shall fail to comply with the provision of the -17- FEB 6 1974 aoK 19 wE272 t M contract to such an extent that the contract shall be forfeited, the Surety shall have the right and opportunity to assume the remainder of the contract and at its option to perform or sublet the same. 3. In the event of any breach of the provisions of the contract, the Surety shall be subrogated to all the rights and properties of the Principal arising out of the contract. All deferred payments, and any and all moneys and properties, that are then, or that may thereafter become,'due to the Principal under or by virtue of the contract shall be credited upon any claim that the Obligee may make upon the Surety. 4. Legal proceedings for recovery hereunder may not be brought unless begun within twelve months from the time of the discovery of the act or omis- sion of the principal on account of which claim is made; but if the Surety shall assume the performance of the contract, the period within which legal proceedings for recovery hereunder may be brought shall be deemed extended twelve months beyond the date of failure of the Surety to perform the said contract. If any limitation set forth in this condition is prohibited by the statutes of the state in which this bond is issued, the said limitation shall be considered to be amended to agree with the minimum period of limitation permitted by such statutes. 5. The. Principal shall be made a party to any suit or action for recov- ery hereunder, and no judgment shall be rendered against the Surety in excess of the penalty of this instrument. 6. The Surety shall not be liable for any damages resulting from strikes or labor difficulties, or from mobs, riots, fire, the elements, or acts of God, or for the repair or reconstruction of any work or material damaged or destroyed by any such causes; nor for damages for injury to person; nor the non-perform- ance of any guarantees of the efficiency or wearing qualities of any work done or materials furnished or the maintenance thereof or repairs thereto; nor for the furnishing of any bond or obligation other than this instrument; nor for damages caused by delay in finishing such contract in excess of ten per cent of the penalty of this instrument. 7. No change shall be made in the plans and specifications forming part of the contract that shall increase the amount to be paid to the Principal more than ten per cent of the penalty of this instrument, unless the Surety's consent thereto shall be secured in writing. 8. The Obligee shall retain such proportion as the contract specifies lu FEB 6 j974 ODOK 19 wE 273 that the• Obligee shall or may retain of the value of all work performed or materials furnishr_d in the prosecution of the contract (but not less in any event than ten per cent of such value)_until the Principal has completely performed all the terms, covenants, and conditions of the contract to bo per- formed by the Principal. 9. No right of action shall accrue hereunder to or for the use or benefit of any one other than the Obligee, and the Obligee's rights hereunder may not be assigned without the written consent of the Surety. IN WITNESS WHEREOF this instrument has been executed by the duly auth- orized representatives of the Principal and the Suretv. In the Presence of: FEB 6 1974 i Bert Martin and Son, Inc. Principal Flnrida Farm Bureau M+ ++ai Tn urance Company Surety -19- Attorney -in -Fact Ben Davis a0OK 19 ?ac[274 O' T , r D FARM r f 1, ffls3 trig INSURANCE .'r': P. 0. BOX 730 GAINESVILLE, FLORIDA 32601 '� rr CERTIFIED COPY NO. 65-100 POWER OFATTORNEY Know aft hfwt by these Presents: That THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Florida, and having its principal office in The City of Gainesville, Florida, hath made, constituted and appointed, and does by these presents make and constitute and appoint D. W. GOODHART and BEN DAVIS (Each) to true and lawful Attomay-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings required in amounts not exceeding ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and to certify copies of this Power of Attorney under seal of said Company, and the execution of such bonds or undertakings in pursuance of there presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the common seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attomey4n-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the MUTUAL INSURANCE COMPANY at allowing meeting duly called and hlutions heeld onby �the 16th day of rd of June, 1965.ors a FLORIDA FARM BUREAU Resolved: That the President, or any Vice President, may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the Companyaffixed thereto by the Secretary, or any Assistant Secretary, and that the President, or any Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the seal of the Company thereto; and that the President, or any Vice President, may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attmey4n-Fact. Resolved: That Attorneys4n-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney4n-Fact shall be as binding upon the Company as if signed by the President and meys-in-Fact are hereby authorized to verify any affidavit required to be sealed and attested by the Secretary, and, further, Atto attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are, also, authorized and empowered to certify to a copy of any of the by-laws a the Company cert wellcopies 1Bs of tresolution Power of Attorney Directors having to do with the execution of bonds, recognizances, contracts of indemnity, certify P all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of the Company or of Attomeys4n-Fact. in Witness Whereof, FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, has caused these presents to be signed by its President and its corporate seal to be hereto affixed, duly attested by its Secretary on this 12th day of De1e Ser , THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY (SEAL)%, BY I ?��c 'de Attest: Secretary STATE OF FLORIDA COUNTY OF ALACHUA On the date of the execution of the preceding instrument, before me personally came the above-mentioned President and Secretary of THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument and they acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. 1-2.890(Rev.6/73) NOTARY PUBLIC, STATE Of FLORIDA AT LARGE MY COMGIISSION EXPIRES AUGUST 22, 1975 -20- BOOK '19 w1275 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. 1$.32- 1900 INCLUSIVE; ROAD AND BRIDGE FUND NOS.1080 - 1112 INCLUSIVE; FINE AND FORFEITURE FUND NOS, 629 -631 INCLUSIVE. 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 LESGISLATIVE 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 12:10 O'CLOCK P.M. ATTEST: LERK L HAIR -21- FED 1974 BOOK .19 PACE276