HomeMy WebLinkAbout5/8/1974c
WEDNESDAY, MAY If 1974
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THE BOARD OF COUNTY COMMISSIONERS OF'INDIAN RIVER
COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE,
VERO BEACH, -FLORIDA ON WEDNESDAY, MAY 8, 1974 AT 8:30
O'CLOCK A.M. PRESENT WERE ALMA LEE LOY, CHAIRMAN, EDWARD
J. MASSEY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; JACK Ur
DRITENBAS; RICHARD P. BOGOSIAN. ALSO PRESENT WERE JACK G.
.JENNINGS, COUNTY ADMINISTRATOR; PrAUL D. BURCH, ATTORNEY
TO THE BOARD OF COUNTY COMMISSIONERS;-L.S. THOMAS, COUNTY
COORDINATOR; JACK HOCKMAN AND ELIZABETH FORLANI, DEPUTY
CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED
IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE SPECIAL
MEETING OF APRIL 16, 1974; THERE WERE NONE AND ON MOTION
BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL
MEETING OF APRIL 16, 1974, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS
OR CORRECTIONS TO THE SPECIAL MEETING OF APRIL 18, 1974; THERE
WERE NONE AND ON MOTION BY COMMISSIONER DRITENBAS, SECONDED
BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY'APPROVED THE
MINUTES OF THE SPECIAL MEETING OF APRIL 18, 1974, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR
CORRECTIONS TO THE REGULAR MEETING OF APRIL 241 1974,
COMMISSIONER DRITENBAS REQUESTED-bN PAGE*8, THIRD
PARAGRAPH, THIRD LINE; THE. WORD- "IF" BE CHANGED TO READ "IS
THIS CORRECTION HAVING BEEN MADE ON MOTION BY
COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE
BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING OF APRIL 24, 1974, AS WRITTEN.
Y 8 1974 �t�o : 0 ps at
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ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED AN
ITEM TO ITEM TRANSFER IN THE AMOUNT OF $940 00 FROM SHERIFF S
CONTINGENCY FUND 03-9990709 TO SHERIFFS EQUIPMENT FUND 03-
3101402.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED -BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED THE
COUNTY FINANCE OFFICER TO LOAN FEDERAL REVENUE SHARING FUNDS TO
s
THE GENERAL FUND, IN THE AMOUNT OF $330,382.00, EFFECTIVE
MAY 1, 1974,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED
OUT -OF -COUNTY TRAVEL FOR GLADYS VIGLIANO, INDIAN RIVER COUNTY
WELFARE DIRECTOR TO ATTEND THE STATE ASSOCIATION OF COUNTY
WELFARE EXECUTIVES IN ORLANDO, FLORIDA MAY 22 - 24, 1974,
THE SHERIFF FILED WITH THE BOARD A STATEMENT
OF HIS APPOINTMENT OF JACK D. LOHMAN AS DEPUTY SHERIFF AND THE
SAID DEPUTY SHERIFF FILED HIS BOND WITH THE CLERK OF THE CIRCUIT
COURT, WHICH WAS PRESENTED TO THE BOARD. ON MOTION BY COMMISSIONER
SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY
APPROVED THE BOND OF -SAID JACK D. LOHMAN DEPUTY SHERIFF
AND ORDERED IT FILED WITH THE CLERK OF THE CIRCUIT COURT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY >
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION
No. 74-31.
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��� 20 PAGE 02
RESOLUTION No. 74-31
WHEREAS, this Board did establish a Budget for the opera-
tional expenses of the Indian River County Court,and
WHEREAS, the County Judge has requisitioned 1/12 of said
budget each month to meet the Court's expenses, which amounts have been
paid to the Indian River County Judge by County Warrant, and
WHEREAS, said Judge is presently under suspension and
not authorized to do any official act and
WHEREAS, the operating expenses of the County Court must
be paid,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That
until the County Judge is no longer under suspension or until said office is
lawfully filled, the Clerk of the Circuit Court shall be authorized to receive
1/12 of the County Court's annual budget each month and to pay direct the
operating expenses of the County Court. The Clerk will maintain a separate
accounting ledger showing receipts and expenditures by the Clerk on behalf of
the County Court.
May 8, 1974 BOARD OF COUNTY COMMISSIONERS
Attest
Clerk
OF INDIAN RIVE C TY RIDA
By
Chairman
e
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MAY 8197
r Book 4-u Pw 03
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED
THE APPLICATIONS'FOR CHARLES A, FLETCHER; REEDY STRICKLAND;
MARY E. CORDON; STANLEY BROXTON; AND WESLEY D, WILSON FOR PERMITS
TO CARRY FIREARMS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVER THE
APPLICATIONS FOR RUDY HUBBARD,, ARTHUR M. HILL .JRl; JOHN THOMAS'
DAYTON; EVERETT E. DAVIS; ED G. WHITE; ROLAND J. LANGFANG;
ANTHONY OLIVADOTI FOR RENEWAL PERMITS TO CARRY FIREARMS,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED
BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED THE
STATE WITNESS PAYROLLS, COUNTY COURT, APRIL, 1974 TERM, IN THE
AMOUNTS OF $184.02; $204,60; $180.88; AND $138,20,
THE FOLLOWING REPORTS WERE RECEIV ED AND PLACED.
ON FILE IN THE OFFICE OF THE CLERK;
REPORT FROM SHERIFF JOYCE REGARDING COST OF
FEEDING PRISONERS FOR THE MONTH -OF APRIL, 1974.
REPORT FROM INDIAN RIVER COUNTY WELFARE DEPARTMENT
FOR THE MONTH OF APRIL, 1974,
REPORT OF CONVICTIONS - MONTHIOF APRIL 1974 -
CIRCUIT COURT AND COUNTY COURT.,
DALE PATCHETT*, URBAN FORESTER, APPEARED REQUESTING
AUTHORIZATION FOR THE DIVISION OF FORESTRY TO CONSTRUCT A
.. .......... .. ...
NATURE TRAIL IN DONALD MACDONALD PARK,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION
74-32 SUPPORTING THE CONSTRUCTION OF AN ELEVATED NATURE TRAIL
IN DONALD MACDONALD PARK,
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MAY 8 1974 eo�A
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MAY 8 1974
RESOLUTION NO. 74-32
WHEREAS, the Board of County Commissioners of Indian River
County,, Florida, entered into an agreement with the Florida Board
of Forestry, in September, 1967, leasing that County property knvran -
as Donald MacDonald Park to the Division of Forestry for Public
Recreation. ,
BE IT RESOLVED, that the Indian River Board of County Commissioners
as owner of said property supports the construction of an elevated
nature trail, by the Florida Division of Forestry, for educational
use by the public.
BOARD OF COUNTY COMMISSIONERS
By: Li��J-r7
Alma Lee Loy, Chairman
ATTEST: EFFECTIVE May 8, 1974
C„�erk
BOOK u PACE 05
DUDLEY AND KATHERINE CLYATT REPRESENTING INDIAN
RIVER FARM BUREAU APPEARED TO REQUEST THE BOARDS CONSIDERATION
TO APPROPRIATE FUNDS FOR AN EXTENSION HOME ECONOMIST. KATHERINE
CLYATT OUTLINED THE PROGRAMS AN EXTENSION HOME ECONOMIST
WOULD BE INVOLVED IN.
FORREST MCCULLARS, COUNTY EXTENSION DIRECTOR
APPEARED. AND STATED THAT HE WOULD BE IN FAVOR OF AN_„
EXTENSION HOME ECONOMIST FOR INDIAN RIVER COUNTY.
THE BOARD AGREED TO GIVE THIS CONSIDERATION
AT BUDGET TIME AND INSTRUCTED MR. MCCULLARS TO PREPARE
ADDITIONAL INFORMATION AS TO COST AND PRESENT IT AT BUDGET
TIME. MR. MCCULLARS STATED THAT THIS WOULD BE INCLUDED AS
PART OF HIS BUDGET.
S.P. MUSICK SURVEYOR APPEARED REQUESTING TENTATIVE
APPROVAL OF A PRIVATE SUBDIVISION COVERING THE WEST lO ACRES
OF TRACT 14, SECTION 11, TOWNSHIP 33 SOUTH, RANGE 39 EAST ON
BEHALF OF DANIEL CAMPBELL AND HELEN M. NIGBAR.
THIS PLAN WAS INCOMPLETE AND MR.. MUSICK WITHDREW
HIS REQUEST AND ASKED TO BE PUT ON THE AGENDA FOR THE NEXT
BOARD MEETING ON MAY 22, 1974.
ED SCHMUCKER, ENGINEER AND MARVIN CARTER, SURVEYOR
APPEARED REQUESTING FINAL APPROVAL OF RIVER EDGE SUBDIVISION.
THIS SUBDIVISION IS LOCATED IN THE CITY OF SEBASTIAN. ON MARCH
21, 1973, WHEN THE BOARD GRANTED TENTATIVE APPROVAL, RIVER
f EDGE SUBDIVISION WAS IN INDIAN RIVER COUNTY, BUT WAS LATER
ANNEXED INTO THE CITY OF SEBASTIAN.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER BOGOSIAN, FINAL APPROVAL WAS GRANTED TO RIVER
EDGE SUBDIVISION, AS PRESENTED BY ED SCHMUCKER AND MARVIN CARTER.
DISCUSSION FOLLOWED AND COMMISSIONER SIEBERT STATED
THAT HE DID NOT APPROVE OF THE HELTER-SKELTER METHOD USED IN
ANNEXATION OF LAND, ON THE SEBASTIAN RIVER.
THE CHAIRMAN CALLED FOR THE MOTION.
THE BOARD UNANIMOUSLY APPROVED AND THE MOTION
WAS CARRIED.
MAY 1974 BOOKZU PACE 06
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DONALD ADAMS, BUILDING DIRECTOR, APPEARED REGARDING
PUBLIC HEARINGS ON AMENDMENTS TO THE BUILDING CODE RESOLUTION.
MR. ADAMS WAS INFORMED THAT THOSE.PUBLIC HEARINGS
HAVE BEEN SCHEDULED FOR THE NEXT BOARD MEETING ON MAY 22, 1974.
ATTORNEY BURCH REQUESTED A MEETING BE SCHEDULED
WITH MR. ADAMS AND COMMISSIONER DRITENBAS AND HIMSELF TO
DISCUSS THESE PROPOSED AMENDMENTS TO THE BUILDING CODE RESOLUTION.
MR. ADAMS AND COMMISSIONER DRITENBAS AGREED TO .
THIS MEETING.
DANA HOWARD, REPRESENTING VICTOR PALISANO
APPEARED REQUESTING THE BOARDS APPROVAL OF A REVISED PLAT
OF SUN VILLA EAST SUBDIVISION..
THE BOARD GRANTED TENTATIVE APPROVAL OF THIS
SUBDIVISION ON OCTOBER 10, 1973. SINCE THAT TIME THE
STATE BOARD OF HEALTH AND THE DEPARTMENT OF POLLUTION CONTROL
HAVE ESTABLISHED NEW SEPTIC TANK REQUIREMENTS. THE REQUIREMENT
STATES THAT SUBDIVISION LOTS MUST BE A MINIMUM OF ONE ACRE
AND HAVE A MINIMUM FRONTAGE OF 150 FEET IN ORDER TO PUT IN
SEPTIC TANKS. MR. PALISANO HAS REVISED HIS SUBDIVISION PLAT
AND HAS INCREASED THE SIZE OF THE LOTS IN ORDER TO CONFORM
WITH THESE NEW SEPTIC TANK REQUIREMENTS.
THE BOARD DISCUSSED A 15 FOOT UTILITY DRAINAGE
EASEMENT ABUTTING EACH SIDE OF THE RIGHT-OF-WAY BEING SHOWN
ON THE PLAT. IN ORDER TO PROVIDE THIS 15 FOOT UTILITY
EASEMENT, THE LOT SIZES WOULD THEN BE LESS THAN 1 ACRE AND
NOT MEET SEPTIC TANK REQUIREMENTS. MR. HOWARD STATED THAT
MORE TIME WOULD BE NEEDED TO WORK THIS OUT AND REQUESTED
THAT THIS BE PUT ON THE AGENDA FOR THE NEXT BOARD MEETING.
THE ADMINISTRATOR THEN DISCUSSED WITH THE BOARD
THE FACT THAT HE RECEIVES REQUESTS TO BE PUT ON THE AGENDA
IN TIME, BUT SUPPORTIVE MATERIAL IS NOT SUBMITTED, IN SOME
INSTANCES, UNTIL THE DAY BEFORE THE COMMISSION MEETING OR
ON THE MEETING DAY AND WHEN :THAT HAPPENS HE DOES NOT HAVE
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MAY 81974 Book sin
LU PACE 07
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SUFFICIENT TIME TO REVIEW THE MATERIAL BEFORE IT COMES
BEFORE THE BOARD.
REGARDING FRANCHISES IN ENOUGH TIME FOR HIM TO REVIEW IT. THE
BOARD AGREED THAT ALL MATERIAL PERTAINING TO FRANCHISES MUST
BE APPROVED BY THE COUNTY ATTORNEY, COUNTY CONSULTING
ENGINEERS AND THE ADMINISTRATOR BEFORE BEING SCHEDULED AND
ADVERTISED FOR PUBLIC HEARING.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED
ATTORNEY BURCH TO PREPARE A RESOLUTION INDICATING THE CUT-
OFF DATES ON VARIOUS MATTERS TO BE BROUGHT BEFORE THE BOARD
AND THAT ALL MATERIAL AND -SUPPORT MATERIAL MUST BE IN -THE
ADMINISTRATOR`S OFFICE, WEDNESDAY EVENING BEFORE THE SCHEDULED
BOARD MEETING.
THE ADMINISTRATOR READ A LETTER FROM BILL CLUMPNER
REPRESENTING AMERICAN FRIENDS SERVICE COMMITTEE, REQUESTING
THE ABANDONMENT OF UTILITY EASEMENTS ALONG THE FOLLOWING
SIDE LOT LINES IN KINGS MUSIC LANDS SUBDIVISION.
3' UTILITY EASEMENTS ON EITHER SIDE OF THE LOT LINE
THAT SEPARATES LOTS 9 AND 10, BLOCK 4.
3' UTILITY EASEMENTS ON EITHER SIDE OF THE LOT LINE
THAT SEPARATES LOTS 1 AND 2, BLOCK 2.
3' UTILITY EASEMENTS ON BOTH SIDES OF THE LOT LINE
THAT SEPARATES LOTS 6 AND 7, 7 AND S, BLOCK 3.
ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE
ATTORNEY TO INVESTIGATE HAVING THE NECESSARY DOCUMENTS PREPARED
TQ':,ABANDON THESE'EASE ENTS, AND AUTHORIZED THE SIGNATURE
OF THE CHAIRMAN.
N.
MAY 191 onox r® PACE 08
THE ADMINISTRATOR STATED THAT HE HAS RECEIVED
FOUR NAMES FOR THE BOARDS CONSIDERATION.AND POSSIBLE
APPOINTMENT TO THE ADVISORY BOARD TO THE TRANSIT AUTHORITY.
THE ADVISORY BOARD WILL CONSIST OF SEVEN MEMBERS AND '
THE COMMISSIONERS AGREED THAT A NEWS RELEASE SHOULD BE PREPARED
INDICATING THAT THE BOARD IS LOOKING FOR PERSONS WHO HAVE
HAD EXPERIENCE IN THE FIELD OF TRANSPORTATION AND WHO WOULD .
BE INTERESTED IN SERVING ON THIS ADVISORY BOARD.
THE ADMINISTRATOR STATED THAT HE HAS RECEIVED TWO
REQUESTS FOR OFFICE SPACE IN THE COURTHOUSE. ONE FROM
STATE ATTORNEY ROBERT STONE FOR ADDITIONAL SPACE AND ONE FROM
PUBLIC DEFENDER ELTON SCHWARZ.
THE BOARD AGREED THAT THEY WOULD LIKE TO SUPPORT
THE REQUESTS FROM THE STATE ATTORNEY AND THE PUBLIC DEFENDER
BUT THERE JUST IS NO AVAILABLE SPACE IN THE COURTHOUSE. THE
ADMINISTRATOR WAS INSTRUCTED TO CONTACT MR. STONE AND MR.
SCHWARZ AND INFORM THEM OF THE BOARDS DECISION.
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MAY 8 1974
eooK '20 PACE 09
THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED
THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF
PUBLICATION ATTACHED TO WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
r
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA . NOTICE
Before the undersigned authority personally appeared J. J. Schumann, who on oath NOTICE IS HEREBY GIVEN
says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper that the Board of County Com-
published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- Florida,missionrsofIndian River County,
loridawill hold a public hearing
on Mayo, 1974,at 11:00 A.M., at the
Indian River County Courthouse in
ment, being a Vero Beach, Florida, to consider
r� the adoption of an Indian River
% County Ordinance to be en-
--In the matter of_i t rte! /�`''�—� ! titled:
An Ordinance Relating to
Dune Protection amending
Indian .River County Or.
---� J -- dinance . 73.1, providing
definitions to provide
restrictions for use of the 50
in the Court, was pub- - foot construction set -back fine,
providing exceptions and
providing an effective date."
Copies of the proposed ordinance
lished in said newspaper in the issues of maybe obtained at the office of the
Clerk' /� L� River County. the ircuit Court of Indian
// / River
3 (� � � Board of County
Commissioners
Affiant further saysthat the said Vero Beach Press-Joumal is a newspaper published at Florida.Indian River County,
Pape P F
Vero Beach, in said Indian River County, and that the said newspaper has heretofore By: Alma Lee Loy
been continuously published in said Indian River County, Florida, weekly and has been entered Chairman
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Apr. 18, 1974.
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.
Ic
Swom to and subscribed before me this._ d of- _ A.D./ 517
(Business Manager)
Clerk oft Circuit Court, Indian River County, Florida)
(SEAQ
4
DR. HERBERT KALE, PRESIDENT OF THE PELICAN AUDUBON SOCIETY
APPEARED AND MADE HIS PRESENTATION.
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MAY 81974 ixin
eoo 20 PHE 10
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THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED
TO BE HEARD.
►JEROME KRAMER, REPRESENTING THE VERO BEACH
CIVIC ASSOCIATION APPEARED TO DISCUSS LIMITING THE USE OF
THE BEACH TO PEDESTRIANS AND NOT ALLOWING DUNE BUGGIES ON
THE BEACH.
THE BOARD AGREED THAT DUNE BUGGIES ARE A
DIFFERENT MATTER AND WOULD BE DISCUSSED AT A LATER MEETING.
AFTER MUCH DISCUSSION, A MOTION WAS MADE BY
COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING ORDINANCE
No, 74-10.
t
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MAY 8 1974 ®a za pasE1
INDIAN RIVER COUNTY ORDINANCE
No. 74-10
An Ordinance relating.to Dune Protection, amend-
ing Indian River County Ordinance 73-1, to
provide restrictions for the use of the 50 foot
construction setback, providing definitions and
providing exceptions and an effective date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, -FLORIDA, that Indian River County Ordinance
73-1 is hereby amended by adding the following definitions to
Section 2:
_ y
Beach
The word "beach" as used hereinafter means the
sandy area lying between the waterline of the
Atlantic Ocean at mean low tide to a point west
thereof, where the vegetation grows generally.
Natural Vegetation Line -
The point on the beach above mean high water
where rooted terrestrial vegetation exists.
Main Dune Bluff -
The seaward edge of the easternmost highest,
most prominent dune immediately west of the
vegetation line. This dune can be determined
by its continuous relationship -to the main
dune line extending north and south from the
point of determination.
By substituting the following for Section 3, Paragraph 8:
8. A. Along the Atlantic Ocean, no building or man-made
structure, except as provided for herein, shall be located above or
below natural grade closer than 50 feet from the main dune bluff,
west of the natural vegetation line until a permanent construction
setback line shall be established by a.survey by the State Department
of Natural Resources and duly approved according to law.
B. Except as provided for herein, distrubance of the
bluff line or vegetation seaward of the construction setback line
is prohibited.
C. No roadway shall be allowed to cross the area
within the 50 foot construction setback, except at specified
locations, to be designated by Resolution of the Board of County
Commissioners.
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MAY 8 197� 2
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D. Parking of automobiles, boats, trailers, motor
homes, recreation and like vehicles are prohibited within the
setback area.
E. During construction, a chain or rope barrier
running parallel to the dune line shall be maintained no - less than
35 feet back from the main.bluff for the purpose of preventing
workers and their equipment and material from destroying the dune
and its vegetation during construction activities. No parking of
construction equipment or other vehicles shall be allowed nearer
than 35 feet of the main dune bluff during construction. The 15
r
foot leeway shall be restored with natural vegetation or sod upon.
completion of construction. Under special circumstances requiring
extra -wide equipment or vehicles, this leeway may be extended an
additional 10 feet seaward.
F. It shall be unlawful for any person to operate,
drive, or propel any automobile, motorcycle, dune buggie or other
motor vehicle upon, over or within the dune setback area, including
the area in front of the main dune eastward to the natural vegetation
line, except at specified access routes as provided in (C) above.
G. During periods of emergency, such as hurricanes
or severe storms, in order to protect life or property, provisions.
of this ordinance may be temporarily suspended by petition to, and
approval of � the Board of County Commissioners'.
H. This Ordinance will bec.ome effective on May 13, 1974.
13.
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THE BOARD ADJOURNED AT 12:20 O'CLOCK P.M. AND RE—
CONVENED 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
NOTICE OF PUBLIC HEARING
Vero Beach, Indian River County, Florida IN RE. APPLICATION FOR SEWERAGE FRANCHISE
TO WHOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED that VERO BEACH
DEAUVILLE, INC., a Florida corporation, whoseaddress is 2800 South
COUNTY OF INDIAN RIVER: Ocean Drive, Suite D, Vero Beach, Florida, will apply to the Board of
STATE OF FLORIDA County Commissioners of Indian River County, Florida, on May 8, 1974,
at the hour of 1:30 P.M., in the County Commissioners' Room in the
Before the undersigned authority personally appeared J. J. Schumann, wr Indian River County Courthouse, at Vero Beach, Florida, for a
says that he is Business Manager of the Vero Beach Press -Journal, a weekly sewerage franchise covering the following described property to be
published at Vero Beach In Indian River County, Florida; that the attached copy o' embraced by said franchise, to -wit:
r
All of Government Lots 3, 4, 5, 6, 7 and 8, in Section 8, Township 33
>> South, Range 40 East, and Government Lot 1, Section 9, Township
menf, being a " ��s�--s�f�--���'[ e' 33 South, Range 40 East, lying and being in Indian River County,
o Florida.
the matter of A. Sanitary Sewer Rates
u Minimum monthly bill shall be based on water meter size.
�.— 3/4" & S/e" Meter Minimum S 6.76
.1" Meter Minimum 13.50
IVa" & 1'/." Meter Minimum 22.50
2" Meter Minimum 30.76
In the Cour` 3" & 4" Meter Minimum 54.00
.61 Meter Minimum 75.00
Excess Quantity Charge
lished in said newspaper in the issues of
First 3,000 9a1..............Mlnimum 86.78
_ Next 12,000gaI..........:...11.16 per1,000ga1.
• �� % Next 25,000 gal. ........:.... .90 per 1,000 gal.
Next 35,000 gal. ............. .78 per 1,000 gal.
All over 75,000 gal. ............. .66 per 1,000 gal.
Affiant further says that the said Vero Beach Press -Journal Is a newspaper F
Vero Beach, in said Indian River County, and that the said newspaper has This shalt be a private sewerage system and shall continue in effect
been continuously published in said Indian River County, Florida, weekly and has b until such time as it may be merged and taken into a sewerage system
as second class mail matter at the post office in Vero Beach, in said Indian River Cot operated by a governmental agency and -or authority.
for a period of one year next preceeding the first publication of the attached cog Dated this 18Th day of April, 1974.
tisement; and affiant further says that he has neither paid nor promised any per., BOARD OF COUNTY COMMISSIONERS
corporation any discount, rebate, commission or refund for the purpose of securing INDIAN RIVER COUNTY, FLORIDA.
tisement for publication in the said newspaper. Count
Jack G. Jennings
County Administrator
Apr. 25, 1974. -
Sworn to and subscribed before me this _—s ay of A.D.
(Business Manager)
(Clerk of the Circuit C011k, Indian River County, Florida)
(SEAL) 4
SHERMAN SMITH, .JR., ATTORNEY, WAS PRESENT REPRESENT—
ING VERO BEACH DEAUVILLE, INC.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE
HEARD. THERE WERE NONE, AND UPON MOTION MADE BY COMMISSIONER
SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE FOLLOWING
RESOLUTION No. 74-33 PERTAINING TO VERO BEACH DEAUVILLE, INC.,
SEWER FRANCHISE WAS UNANIMOUSLY ADOPTED.
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Y 8 get mix zu faa 14
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` RESOLUTION
No. 74- 3 3
BE IT RESOLVED by the"Board of County Commissioners of !adian River
County, Florida:
SECTION
. 1
This Resolution shall be known and may be cited as the "Vero Reach
Deauville, Inc., Sewer Franchise."
SECTION
For the purpose of this Resolution, the following terms, phrases, words
and their derivations shall have the meaning given herein: When not inconsistent
with the context, words using the present tense 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) "Company" is the Grantee of rights under this franchise, that ,
is, VERO BEACH DEAUVILLE, INC., a Florida corporation.
(c) "Board" Is the Board of County Commissioners of the County.
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(d) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(e) "Territory" means the area located in Indian River County, r'
Florida,'outside the corporate limits of any municipality as the same is more particu-,
larly defined and described herein.
(f) "Sewer System" is any plant, system, facility or property used
or useful or having the present capacity for the future use in connection with the E
collection, treatment, purification or disposal of sewage and sewage affluent and
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residue for the public and, without limiting the generality of the foregoing definition,'
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shall embrace treatment plants, pumping stations, intercepting sewers, pressure
lines, mains, laterals and all necessary appurtenances and equipment and shall '
Include all property rights, easements and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32900
Cox 20 pw 15
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SECTION 111
There is hereby granted by the County to the Company the non-exclusive
franchise, right and privilege to erect, construct, operate and maintain a sewer
system within the prescribed territory as herein provided and for these purposes
to collect and dispose of sewage within the territory and for these purposes to estab-
lish the necessary 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 o"er lawful purposes and subject always
to the paramount right of the public In and to such public places.
SECTION IV
The territory In which this franchise shall be applicable is all that part
of Indian River County, Florida, described as follows:
All of Government Lots 3, 4, 5, 6, 7 and 8, Section 8, Township
33 South, Range 40 East, and Government Lot 1, Section 9, Town-
ship 33 South, Range 40 East, lying and being in Indian River
County, Florida.
I. SECTION V
The Company shall at all times during the life of this franchise be subject 11
? i
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 provide.
Itis expressly understood and agreed by and between the Company and
the County that the Company shall save the County and members of the Board harm- '
less from any loss sustained by the County on account of any suit, judgment,
execution, claim or demand whatsoever resulting from negligency on the part of the
Company in the construction, operation or maintenance under the terms of this
franchise. The parties agree that, in the construction of this section, the claim of
any person resulting .from negligence on the part of the Company may be prosecuted
- I
directly by such person against the Company as if no governmental immunity accrued
to the County by virtue of the Company's use of a public place of the County. The
County shall notify the Company promptly after presentation of any claim or demand.
-2-
(1 Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
DSI( 20 PAGE 16 .
a � �
` SECTION VII
Tye Company 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. The right is hereby reserved to the County. to I
adopt, In addition to the provisions herein contained and existing applicable reso-
lutions or laws, such additional regulations as it shall find necessary.in the exercise:
of the police power and lawful authority vested in said County, provided that such
regulations shall be reasonable and not in conflict with the rights herein granted i
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
g P
Inspections as it shall find necessary to insure compliance with all governing
regulations.
SECTION Vill
Ail 'the facilities of the Company shall be constructed only in accordance
with plans and specifications approved by the State Board of Health of the State of
i
Florida and The Indian River County Utilities Department and the manner of collection
and disposal of sewage shall at all times be and remain not inferior to the rules, regu-
lations and standards now or hereafter adopted by the State Board of.Health. Whenever
i
t
It is necessary to shut off or Interrupt service for the purpose of making repairs or
Installations, the Company shall do so at such times as will cause the least amount of
I
Inconvenience to its consumers and, unless such repairs are unforeseen and immedi
ately necessary, it shall give reasonable notice thereof to Its consumers.
SECTION IX
A. The Company shall have the authority to promulgate such rules,
regulations, terms and conditions covering the conduct of its business as shall be
reasonably necessary to enable the Company to exercise its rights and perform its
obligations under this franchise and to issue an uninterrupted service to each 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.
L'
-3-
Smith, Heath, Smith & O'Halre, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
MAY 1974 nox 20 PACE P
i
,MAY 81974
M
B. At all times herein where discretionary power is left with the Board
of County Commissioners, the Company, before discretionary action is taken by the
Board of County Commissioners, can request of said Board that a group'of arbitrators
be appointed, and such group shall consist of:
1. County -Engineer
..2.- Company Engineer
3. One person selected by the `
two above-named persons -
. i
and this Board of Arbitrators shall make recommendations to the Board of County `!
Commissioners, but such recommendations are not mandatory.
Any final decision the arbitrators or Board may have, with respect to
this franchise, can be appealed to the Cigcuit Court of Indian River County by either-,
7
Party.
SECTION X
All pipes., mains, valves and other fixtures laid or placed by the Company
I
shall be so located in the public places in the County so as not to obstruct or inter-
fere with any other uses made of such public places aIready. Instal led. The Company,
shall, whenever practicable, avoid interfering with the use of any street, alley or {
4
.other highway where the paving or surface of the same would be disturbed. In
i
case of any disturbance of pavement, sidewalk, driveway or other surfacing, the
� j
Company shall, at its own cost and expense and in a manner approved by the County
1
Engineers, replace and restore all such surface so disturbed in as good condition as
�i
before said work was commenced and shall maintain the restoration in an approved
condition for a period of one (1) year. In the event that the County shall, at any
time, lawfully elect to alter or change the'grade of or relocate or widen or otherwise
change any such public way, the Company shall, upon reasonable notice by the
County, remove, relay and relocate its fixtures at its own expense. The Company
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
Jpublic. in the event any such public place under or upon which the Company shall
have located its facilities shall be closed, abandoned, vacated or discontinued, the
Board may terminate such easement or license of the Company thereto; provided,
I however, in the event of this termination of easement, the person requesting such
! -4-
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
�i
eoo� -20 PAcr 18.
termination shall pay to the Company, in advance, its costs of removal and reloca-
tion of the removed facilities in order to continue its service as theretofore existing,
or the County shall retain an easement not less than ten (10) feet in width for the
benefit of the Company and its facilities.
SECTION XI
The Company shall not, as to rates, charges, service facilities, rules, i -
regulations or in any other respect, make or grant any preference or advantagq to
any person nor subject any person to any prejudice or disadvantage, provided that !�
• f
nothing herein shall prohibit the establishment of.a graduated scale of charges and
classified rate schedules to which any consrhter coming within such classification
would be entitled.
SECTION XII
A. The Company shall furnish, supply, install and make available its ff
- I
public sewer system to any and all persons within the territory making demand there=
j
for and.shall provide such demanding person with its services and facilities within
one (1) year from the date of such demand; provided. however, that the Board may,
upon application of the Company, extend the time for providing such service to such
demanding person. In the event the Company 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
Y
territory to that area then being serviced by sewer by the Company or such greater
area as the Board shall determine, and thereafter the territory shall be only the area
set forth, defined and provided by the Board, and the provisions of this franchise
shall not extend beyond the limits of the area so restricted and defined. }
B. The Company shall not be required to furnish, supply, install and
make available its public sewer system to any person within the territory as herein-
i
r
before set forth unless the same may be done at such a cost to the Company as shall
make the addition proposed financially feasible. "Financially feasible" shall mean
that, with a fair and reasonable rate to be charged by the Company for all its services
I
under this franchise, such rate will produce to the Company a sum sufficient to meet 1
all necessary, costs of the services, including a fair rate of return on the net i
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
I'
eooK 20 PAGt 19
i
-MAY 81974
a
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 Company.
SECTION XIII
The Company 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 j
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 Instru-
ment In writing reciting the fact of such transfer and accepting the terms of this f
franchise and agreeing to perform all of the conditions thereof. In any event, this
franchise shall not be transferable and assignable until notice or request for transfer
and assignment shall be given by the Company to the Board In writing, accompanied
by a request from the proposed transferee, which application shall contain informa-
tion 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 newspaper
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 consent by the Board to any assignmen
of this franchise shall not be unreasonably withheld.
SECTION XIV 4
The rates charged by the Company 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 Company agrees that 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 Company shall have authority to charge and
collect, but not to exceed, the following schedule of rates, which shall remain
effective until changed or modified as herein provided, to wit:
-6- . .
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
BOOK 20 PUE 20
i
A. Sanitary Sewer Rates
Minimum monthly bill shall be based on water meter size.
3/4" E 5/8"
Meter Minimum
$ 6.76
1"
Meter Minimum
13.50
1 1/4" E 1 1/2"
Meter Minimum
22.50
2"
Meter Minimum
30..76
3" si 4"
Meter Minimum
54.00
6"
Meter Minimum
75.00
Excess Quantity Charge
First 3,000 gal. ------------- Minimum - $6.76
Next 12,000 gal. ---------- --- @ $1.06 per 1,000 gal.
Next. 25,000 gal. -------- @ .90 per 1,000 gal.
Next 35,000 gal. -------- ----- @ .78 per 1,000 gal.
All over 75,000 gal. ------------- @ .66 per 1,000 gal.
SECTION XV
i
The County shall have access at all reasonable hours to all of the Company's
pians, contracts, engineering data, accounting, financial, statistical, consumer and
i
service' records relating to the property and the operation of the Company and to all
t.
(-
other records required to be kept hereunder, and it shall file such accounting '
reports and data with the County when required.
SECTION XVI
The Company shall at all times maintain public liability and property f
damage insurance in such amounts as shall be required from time to time by the E
I
,
Board in accordance with good business practices as determined by safe business !
I standards as established by the Board for the protection of the County and the
general public bnd for any liability which may result from any action of the Companyr
If any person serviced by the Company under this franchise complains to the Board
i
concerning the rates, charges and/or operations of such utility and the Company,
after request is made upon it by the Board, fails to satisfy or remedy such complaint i
or objection or fails to satisfy the Board that said complaint or objection is not proper,
the Board may, thereupon, after due notice to the Company, schedule a hearing con-
cerning such complaint or objection, and the Board may review the rates and charges
set and charged by the Company for the service it furnishes or the quality of
services fern=shed. if the Board enters its order pursuant to such hearing and the
Company fee's it is aggrieved by such order, the Company may seek review of the
-7-
Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
pY 1974
BOOK 20 PAGE 21
W
Board's action by proceedings iA the Circuit Court of the County; otherwise, the
Company hall promptly comply with the order of the Board.
SECTION XVII
Should the Company desire to increase any charges heretofore _established
i
and approved by the Board; then the Company shall notify the Board in writing, i
_ j
setting forth the schedule of rates and charges which it proposes. A public hearing
shall then be held on such request, of which notice shall be given by publication_i.n
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 publica-
tion of such notice shall be filed with the Board. Said hearing may thereafter be
continued from time to time as determined by the Board. If the Board enters an order
pursuant to such hearing and the Company or any person feels aggrieved by such
order, then the Company or such person may seek review of the Board's action by
proceeding in the Circuit Court of the County.
SECTION XVIII
Prior to the Company's placing any of its facilities in any of the public
places as herein authorized, the Company shall make application to and *obtain a
permit from the Indian River County Utilities Department authorizing said construc-
tion in the same manner as permits are authorized in the County for the use of the
public roads as shall now or hereafter be established by regulations of the County.
The County shall have the right, when special circumstances exist, to determine the
i
time in which such construction shall be done.
SECTION XIX
{
If the Company 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
i
Board shall give the Company written notice of such deficiencies or defaults and a
reasonable time within which the Company shall remedy the same, which notice shall
specify the deficiency or default. if the Company fails to remedy such deficiency or I
f
default within the time required by the notice from the Board, the Board may, there-
after, schedule a hearing concerning the same with reasonable notice thereof to the
Q
Company anJ, after such hearing at which all interested parties shall be heard, the
i; Smith, Heath, Smith & O'Haire. Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
0oox 20 pni 22
I
Board may further limit or restrict this franchise or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the Board. if the
t
Board enters an order pursuant to such hearing and the Company or any other per- i
son feels aggrieved by such order, the Company or such other person may seek
review of the Board's action by proceedings in the Circuit Court of the County. t
" SECTION XX
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 JXI
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 con-
tinue in force and effect for a term of forty (40) years after such adoption; provided, {
however, that, within sixty (60) days from the time of the adoption of this resolution;
the Company shall file with the Board its written acceptance of this franchise and all
i
of its terms and conditions, and provided further that, if such acceptance is not filed
,
within the time specified, then the provisions of this franchise shall be null and void:
SECTION XXII
The franchise and rights herein granted shall continue in force and effect
I
until such time as the County or other governmental agency is operating a public- I
f
owned sewer system offering service to the territory. The Company agrees with the
E
County.that it will, upon written notification from the County, at its own expense,
4
deed to the County all sewage facilities, easements and rights of ways within the
franchise area. In consideration of such a conveyance, the County agrees with the
Company that the Company will be reimbursed for those parts of its sewage system F
s
which will become an Integral part of the County's master utility plan. The amount
i
,
of the reimbursement will be determined by a formula established by the County and
agreed to by the Company prior to the County's issuing a permit for construction of
the sewer system.
_g_
Smith, Heath, Smith & O'Hairo, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 329GO
eao20 PAGE 23,
r
r -
`SECTION XXI11
,'V -any word, section, clause or part of this resolution is'held invalid, such
i
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 Commissioners, and
- - j
its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the
Board of County Commissioners adopted on the 8th day of MaY
A. D. 1974. f
COUNTY,QF INDIA RI R, F O A
By: a.,
As Chairman of the Board o ounty
Commissioners
Attest:
Clerk
ACCEPTANCE OF FRANCHISE
VERO BEACH DEAUVILLE, INC., a Florida corporation, does hereby accept
the foregoing franchise and, for itself and its successors and assigns, does hereby
r
covenant and agree to comply with and abide by all of the terms, conditions and
provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this 13th day
r
of May 1974. I`
VERO BEACK DEAU I LE, INC. 1
(Corp. Seat)
-10-
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
BDO� L� NAGE .24
MAY 81974
STATE OF FLORIDA M
COUNTY OF INDIAN RIVER
I .HEREBY CERTIFY that on this day, before me, an officer duly authorized '
In the State and County aforesaid to take acknowledgments, personally appeared
FREI) J. _ EISLER , as authorized agent of VERO BEACH
DEAUVILLE, INC.; a Florida corporation, and he acknowledged before me that he
executed the foregoing instrument for the uses and purposes. therein expressed..
WITNESS my hand and official seal in the State and County aforesaid this
13uh , day of -- - May . 1974.
No y, Public, State of Florida at rge.
My commission expires:
NOTARY PUBLIC, STATE Of FLORIDA AT LARGE
(Notary Seal) My COMISSION EXPIRES FEB. 1, 1978
BONDED THRU GENERAL IMURAN ICE UNDERWRITERS
-11-
Smith, Heath, Smith & O'Haire. Attomeys At Law, P. O. Box 518, Vero Beach, Florida 32960
BUOX 2u ?Ac[ 25
ON MOTION MADE BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID
OF PARENT CONSTRUCTION COMPANY FOR A STEEL BUILDING AS BEING
THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT
OF $10,014,00. THE AMOUNT OF $9,975,00 SHOWN IN THE MINUTES
OF APRIL 24,"1974, WAS INCREASED TO $10,014,00 DUE TO THE COUNTY
REQUESTING A CHANGE IN SPECIFICATIONS,
ON POTION MADE BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE
ADMINISTRATOR TO ADVERTISE FOR BIDS ON A SMALL PICK-UP TRUCK..
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUEST FOR
OUT -OF -COUNTY TRAVEL FOR .JACELYN BLOCK TO ATTEND A TWO-DAY
WORKSHOP HELD BY THE BUREAU OF COMMUNITY SERVICES IN WEST PALM
BEACH ON MAY 13TH AND 14TH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER MASSEY, THE BOARD UNANIMOUSLY.APPROVED THE RETRO -ACTIVE
REQUEST FOR OUT -OF -COUNTY TRAVEL FOR MR. L. S. THOMAS, COUNTY
COORDINATOR, ON APRIL 9TH AND MAY 7TH TO KISSIMMEE, FLORIDA,
AND MAY 9TH TO SANFORD, FLORIDA TO ATTEND REGIONAL MANPOWER
COUNCIL MEETINGS AND TO MELBOURNE, FLORIDA, MAY iOTH TO ATTEND
THE FLORIDA INLAND NAVIGATION MEETING. ;
MR, THOMAS THEN MADE A PRESENTATION REGARDING THE
PROPOSED FUNDING OF THE REGIONAL MANPOWER PROGRAMS, WHICH WILL
GIVE PRIORITY TO YOUTH AND YOUTH RELATED PROJECTS WITH SPECIAL
i
EMPHASIS ON THE TRAINING FACETS OF SUCH PROGRAMS,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COM-
MISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE LEASE
BETWEEN THE CITY OF VERO BEACH AND THE COUNTY OF INDIAN RIVER.
FOR FLOOR SPACE FOR THE PLANNING DEPARTMENT AND AUTHORIZED
THE SIGNATURE OF THE CHAIRMAN, THIS LEASE BEING FULLY SIGNED
IS HEREBY BEING MADE A PART OF THESE MINUTES.
w
noon 20' PAGE 26
If
Q
L E A S E
THIS LEASE, made and entered into this t day of
, •1974, by and between the City if
Vero Beach, municipal corporation of the State of Florida, party
of the first part, hereinafter referred to as Lessor and the County
of Indian River,'*a county of the State of Florida, hereinafter re-
ferred to as Lessee:
WITNESSETH:
1. PREMISES AND TERM:
s.
For and in consideration of the rents herein covenanted to
be paid and all of the other covenants and conditions herein con-
tained on the part of the Lessee to be kept, observed and performed,
the Lessor herewith and hereby rents and leases to the Lessee and the
Lessee does herewith and hereby rent and lease from the Lessor the
following described property, to -wit:
That portion of the second floor of the Utilities
Department addition to the Vero Beach City Hall, as
shown and designated on the plat or sketch hereto
attached as Exhibit A and as such made a part hereof,
and shown in red thereon, located upon.Lots 9 - 17
and 26 - 36, Block 2 of Langwick Subdivision, ac-
cording to the recorded plat thereof. It being
understood and agreed that only that portion of the
building located upon said lots which is designated
by the red coloring on the sketch attached as Ex-
hibit A is the leased premises, but that Lessee shall
have the full right of ingress and egress for itself
and its employees and that the general public in and
to the leased premises over and upon the remainder
of the building, of which the leased premises is a
part.
The area above described comprises 2,475 -square feet, more or less.
i
TO HAVE AND TO HOLD all of the hereinabove described pre-
mises with all rights, privileges, easements and appurtenances there-
unto belonging, unto the Lessee for a term commencing on the 1st day
of May, 1974 and continuing for a period of twelve (12) months imme-
diately thereafter: Thereafter, the Lessee shall have the option to
renew this lease on a month to month basis for the period of one year
as long as fifteen (15) days advance written notice is given of their
intention to remain each additional month. The monthly option rate
shall be $928.13 per month.
MAY 8 1974
�Ao 20 PuE 27
t
. 2. RENT, TAXES AND INSURANCE:
The Lessee `will pay to the Lessor as rental for said pre-
raises for the first one year term the annual sum of $11,137.50;
(2,475 x 4.50 per sq. ft. annually) or $928.13 per month, which neat
can be paid in -total at the time of the execution of this agreement
or monthly, in advance. Should the Lessee exercise any part of the
option to'renew.this'lease on•a month to month basis thereafter, the.
monthly option rate shall be $928.13 per month in advance.
The Lessor will pay all taxes and assessments levied against '
the leased premises, and all insurance thereon, excepting insurance
on Lessee's items of personal property, i.e.•office equipment, drapes-,
.etc., brought into the leased premises by Lessee.
'
3. USE:
Said premises are to be used'b'p the Lessee for the'operation
of the Vero Beach -Indian River. County Planning Commission.
4. PAYMENTS AND STATEMENTS:
-All.payments to be•made by the Lessee to the Lessor here-
under -shall be made payable to the City of Vero'Beach and submitted
to the Director of .Finance, 1053 - 20th Place, Post Office Box 1389,
Vero Beach, Florida, or such other place as Lessor may from time to
time designate in writing and all statements to be furnished'by the
Lessee to the Lessor hereunder, shall also be sent to toe same address.
5. USE OF PREMISES:
The premises during•the term of this lease shall be used and
occupied solely for the purpose stated in,Article 3 of this lease and
/
4
Lessee shall not use or permit the same to be used for any other pur-
pose or purposes without the prior written consent of the Lessor.
Lessee. agrees that there will be no changes in usage conditions and j
space as presently prevails. Lessee at all times shall fully and
i
promptly comply with all laws, ordinances, ordersand regulations of !
any lawful authority having jurisdiction of said premises, including
but not limited tp such as shall relate to the cleanliness, safety,
occupation and use of'said premises.
' 6. PARKING FACILITIES:
i
Lessee shall have the exclusive right to the -use of one
-2-
MAY 8 1974
eook -20 PAGE 28
e
(1) parking place at -the location to be determined*by Lessee's City
Manager. ,
7. OFFICE FURNISHINGS - TELEPHONE - UTILITIES
Lessee shall provide all office furnishings necessary for
the.conduct of its business o -n the leased premises. Lessor shall pro-
vide all utilities and janitorial services for the leased premises.
8. MAINTENANCE AND REPAIRS:
Lessor at his sole cost and expense shall maintain and keep
in good repair, the roof, exterior and supporting walls of the building,
the heating units, air-conditioning equipment,,electrical fixtures and
equipment and fixtures located in and upon the leased premises; pro-
' vided, however, that the cost of any such repair required as a resuit
` of the negligence or willful act of Lessee, its customers, licensees,
agents, servants or employees, shall be borne by Lessee.
9. CARE OF PREMISES:
'Lessee agrees to permit no waste of the property, but on the
contrary, to take good care of same; and upon the termination of this
..
lease, to surrender possession of sante without notice, in as good con-
dition as at the commencement of the term, or as they may be put in
during the term, as the reasonable use and wear thereof will permit.
10. DAMAGE OR LOSS OF PROPERTY:
i -
Lessor shall not be liable for any loss of any property of
Lessee from said premises or for any damages to any property of Lessee
however occuring except only such damage -in the'latter instance as may
result directly from the failure of Lessor to perform an act required
under the terms of this agreement.
11. ENTRY BY LESSON:
Lessor,, their agents and representatives, at all reasonable
times may enter said premises for the purpose of (1) inspection thereof,
(2). inspection and examination of premises for making repairs, replace-
ments, alterations, or additions to said premises of said building, and
(3) exhibiting the premises to prospective Lessees*or other persons.
-3- -
MAY 81974
BOOKOPACE �+�
a
12. DAMAGE BY FIRE OR OTHER CASUALTY:
If the leased property is damaged by fire or other casualty
to the extent of.twenty-five (25%) percent or more, the Lessor shall
either.rebuild and repair the leased property or terminate this lease;
if damaged to a lesser extent, the Lessor will rebuild and repair. In
the event of damage by fire or other casualty, the rent payable under
this lease shall abate, in•proportion to the impairment of the use
that can reasonably be made of the property for the purpose permitted` _
by this lease, until the property is rebuilt and repaired (or until
the lease is terminated, if terminated "in accordance with this para-
graph).
13. ASSIGNMENT OR SUBLETTING:
Lessee shall not assign or in any manner transfer this lease
or any.estate, interest or benefit therein, or sublet said premises or
any part thereof or permit the use of the same or any part thereof by
any one other than Lessee•without the prior written consent of Lessor.
Consent by Lessor to any assignment or transfer of interest under this
lease,•or subletting of•said premises or part or parts thereof shall
not constitute a release, waiver or consent -to any other assignment or
sublet but shall be limited to the instance stated in such written con-
sent, transfer of interest or subletting.
14. REPOSSESSION ON DEFAULT:
The Lessee agrees and covenants that if default shall be
made by said Lessee, its successors or assigns, in the payment of the
rent herein reserved, and such default sliall•continue for thirty (30)
i
days after notice thereof in writing to the Lessee, its successors or
assigns, or if default other than 3n the.payment of said rent shall be
made in the agreements, stipulations and covenants, or any of them here-
in contained to be kept, observed, performed or fulfilled by the Lessee,.
its successors or assigns, and the said default shall continue for thirty
(30) days after notice thereof in writing to the Lessee, its successors
or assigns, then•and in either of any such event, it may and shall be
lawful for the Lessor•at any time thereafter, without however, waiving
or postponing any right against the tenant or the right to enforce any
-4-
MAY 81974 eon 20 PAcf 30
' e
bond or other security given for the faithful performance of the'cove-
nants and agreements herein contained, to enter into or upon the said
demised premises, repossess, expel the Lessee or anyone holding under
said Lessee, its successors or assigns, and remove its effects f.Prcibly,
if necessary, without prejudice.to•any right or remedy whether by statute
or common law which might otherwise be used, for recovering arrears in
rent or for the breach of -,any term, covenant or condition of this Lease.
15. MODIFICATION OF TERMS:
The foregoing provisions constitute all of the terms of this,
lease and no modification or•change shall be made except in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals and the corporate party has caused this agreement to be exe-
cuted in its name by its duly authorized officers and its corporate
seal to be affixed, all in duplicate, the day and year first above
written. M
Signed, sealed and delivered
in the presence of:
( r' -e �I .
As tq Lessor
As- to Lesse
Prepared
by:
T. �'rankenbcrger
ity Attorney
Lessor:.
CITY OF VERO BEACH, FLORIDA
Arthur R. Net6ekger, M
John V. Little, City Manager
Lessee: a
INDIAN RIVER COUNTY, FLORIDA
Cr���%!�-lG G� •
Alma Lee Loy, thai-man
County Commission
0
r
Jack Denning untyAdmin' -ator
MAY .8 1974
eoox 20 PA 1JL
THE ADMINISTRATOR INFORMED THE BOARD THAT A BLINKER
LIGHT HAS BEEN INSTALLED AT THE INTERSECTION OF NORTH GIFFORD
ROAD AND KINGS HIGHWAY.
ATTORNEY BURCH INFORMED THE BOARD THAT THE LEASE
BETWEEN THE AGRICULTURAL CENTER OF INDIAN RIVER COUNTY, INC.,
AND THE BOARD OF COUNTY'COMMISSIONERS, INDIAN RIVER COUNTY,
FOR FLOOR SPACE FOR FORREST MCCULLARS, COUNTY EXTENSION
DIRECTOR, HAS BEEN RECEIVED AND SIGNED AND IS HEREBY BEING
MADE A PART OF THESE MINUTES;
32
MAY 8 1974 Doak -20 NAGE 12
LEAS E
The Lessors, AGRICULTURAL CENTER OF INDIAN RIVER COUNTY., INC.,
7150 20th Street, Vero Beach, Florida, and the Lessee
Board of County Commissioners, Indian River County
each in consideration of the agreements to be performed by the other, hereby,
on this, the 10th. day of April 197_4 , agree:
1. PROPERTY AND TERM: The Lessors hereby lease to the Lessee the space
known as Office Unit No. F and G in the
Agricultural Center of Indian River County, Inc., Vero Beach, Florida, -far a
term.of three years from the date of this lease.
2. RENT: The Lessee will pay to the Lessor rent payments for the property
leased in the following manner:
(A) The total annual rent for the first year of the lease shall be
the total sum of $ 5100.00
F «�,� T tb 8ka 44be _r _-t —hereby a6krmwiefted. Monthly
rental payments in the amount of $ 425.00 per month
shall be paid on the first day of each month in advance commencing
k
p
May 1, 1974
1
(B) The total annual rent for the second year of the lease shall be the
total sum of $ 5,100.00 payable in monthly rent installments
of $425.00 due on the first day of
each month in advance commencing 1 May 1975
(C) The total annual rent for the .third year of the lease shall be the
total sum of $5, 100. 00 , payable in monthly rent install–
i
ments of $ 425, 00 due on the first day
/ of each month in advance commencing 1 May 1976 t
3. DAMAGE PROVISION: am,
yt .-L_ e ..F /�\�'G' VTTATT\Di1T Tf1T i d2� �C 1 nn 09)damage-
F! _ . In the event that at
termination of this lease, should any repairs be necessary other than normal wear
and tear, the Lessee shall be responsible for said repairs, and damage deposit
ghal1 be
-. p91 ...T the ste . '7Le ••T• ••T T .. -.Fd l Inspeetlen
m County Tax Exempt Plumber: 03000170541.
County Extension Director's Account Number: 6302 (idust be on all
bills/.
MAY 8 1974 ODOR 20 PAGE 33
Or
• -2-
4. USE: The Lessee will use the leased property only as an office g
i
for the practice of business as approved by the Lessors and will make no
unlawful, improper or offensive use of the leased property.
5. ASSIGNMENT OR SUB -LEASING: The Lessee may not assign this lease
or sub -let the premises or any portion thereof without the prior written
consent of the Lessors.
• j
6. ACCESS BY LESSORS: The Lessors may enter, inspect, and make such
repairs to the leased property as the Lessors may reasonably desire, at all
reasonable times.
7. REPAIRS: The Lessors will maintain the exterior of the leased
property, including the roof, windows,•air-conditioning unit and exterior walls,
r ,
in good and substantial repair. The Lessee will maintain the interior of
the -leased property, including interior ceilings, walls, floors, fixtures, --
pipes and doors in good and substantial repair. The agreements in this
.paragraph _do 'not, apply -to. any -damage caused .by fi7c4or :other casualty. •; . ; y ,
8. ALTERATIONS. Any and all alterations, or modifications to the
leased property made by the Lessee, must be first approved by the Lessors.
9. DAMAGE BY FIRE OR OTHER CASUALTY: If the leased property is
damaged by fire or other casualty to the extent that it is untenantable,
t
the Lessors shall have the option. to rebuild and repair the leased property
or to terminate this lease; if damaged to a lesser extent, the Lessors
will rebuild and repair. In the event of such damage, the rent payable under
this lease shall abate in proportion of the impairment of the use that can
reasonably be made of the property for the purpose permitted by this lease,
until the property is rebuilt and repaired (or until the lease is terminated
in accordance with this paragraph).
10. WAIVER OF EXEMPTION: Any constitutional or statutory exemption of
the Lessee or any Assignee or Sub -lessee, of any property usually kept on the
leased premises, from distress or forced sale is waived.
11. REMEDIES FOR FAILURE TO PAY RENT. If rent required by this lease shall
not be paid when due, the Lessors shall have the option to: (a) terminate this
lease, resume possession of the property for their own account, and recover
immediately from the Lessee the difference between the rent specified in this
lease and the fair rental value of the property for the remainder of the term,
reduced to present.worth, or (b) resume possession and release the property for
MAY 8 1974
IL
eoo� 20 FACE 34
t
c
' -3-
the remainder of the term for the account of the Lessee, and recover from the
Lessee at the end of the term or at the time each payment of rent comes due
under this lease, as the Lessors may choose, the difference.between the rent
specified in the lease and the rent received on the re-leasing or renting.
In either event, the Lessors shall also recover all expenses incurred by
reason of the breach, including reasonable attorney's fees.
12. REMEDIES FOR BREACH OF AGREEMENT: If either Lessors or Lessee shall
fail to perform or shall breach any agreement of. this lease other than the
agreement of the Lessee to pay rent, for ten (10) days after written notice
specifying the performance required shall have been given to the party failing
to perform, the party so giving notice may institute action in a court of
r
competent jurisdiction to terminate this lease or to compel performance of the
agreement, and the prevailing .party..in that...litigation shall be paid by the
dosing party all expenses of such litigation, including a reasonable attorney's
fee.
13. TERMINATION OF LEASE: -This lease shall be terminated immediately if
the Lessee shall be dissolved, become insolvent or bankrupt, or make an assign-
ment for the benefit of creditors.
{
14: UTILITIES: The Lessee is to pay all light and other utility charges,
including expense of air conditioning operations which may be due and payable
against the property leased herein. Water shall be furnished at the expense
of the Lessor.
15. OPTION TO RELEASE: The Lessee shall have the option to re -lease the
premises subject to negotiations at time of renewal. TLe rent for the option
period shall be the rent agreed on at the time of the renewal negotiations.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
in duplicate on the day and year first written.
signed, sealed and delivered
in the presence of:
/7/d A,1_4_1 dM:2_A2Z —
As to Lessors
As to Lessees-'
(Seal)
(Seal)
Lessor6
ra - >-V zll��
Chairman - Board of County mf•;kioners
Lessees
(Seal)
eoox -24 PAGE 35
e
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COM-
MISSIONER SIEBERT, THE BOARD -UNANIMOUSLY APPROVED A FIVE-
YEAR LEASE BETWEEN THE BOARD OF COMMISSIONERS OF THE FLORIDA
INLAND NAVIGATION DISTRICT AND THE BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVER COUNTY FOR FOUR SPOIL ISLANDS,
SAID.LEASE IS HEREBY BEING MADE A PART OF THESE
MINUTES,
36
MAY 8 1974 eooK r 20 PAst 36
LEASE AGREEMENT
Ej
THIS LEASE AGREEMENT made this 8th day of May 1974,
1,
1t;+
aI
BOARD OF COMMISSIONERS OF THE FLORIDA INLAND NAvIG3TION,
between the
w.
taxing district organized and existing under the.
1 x1 i
! ;i
DISTRICT, a special
laws of the State of Florida, hereinafter referred to as "Lessor",
and the BOARD OF COUNTY COMMISSIONERS -OF INDIAN RIVER COUNTY, herein-
after referred to as "Lessee".
parcels of land in
PTHERE-As, the Lessor is the owner of four (4) p
Indian River County designated as MSA IR -4A, MSA IR -6A, MSA !R -6B,
j
f
and MSA IR -6C, also designated as Islands 24, 27A (a part of the
i
island), 28 and 29, respectively, legal descriptions of whici are
;
j
attached hereto as Exhibit "A" and made a part hereof, which c:mer-
', ship is for the use by the United States in.connection with the
improvement and maintenance of the Intracoastal Waterway from 3ac=:
sonville to Miami, Florida, and the Lessor now holds the title
4�
thereto subject to an easement heretofore granted by it to the
United States of America for such use; and
WHEREAS, said parcels of land are.four of.those parcels kno7m
�
as spoil islands lying in the Intracoastal Waterway within the
�!
limits of Indian River County, Florida; and
t�
f;
LiHEREAS, said spoil islands are, in the opinion of the Lessor,
a resource of the State which should be preserved and
natural
i
utilized as wildlife sanctuaries, recreational areas and similar
i
related purposes in the public interest; and
- I,T'rIEREAS, said parcels of land are subject to iru-nediate occu-
k
and use at any time by the United States pursuant to said
panty
easements and the Lessee has requested the Lessor to permit it to
of land for public recreational or municipal
use said parcels
(recreation, conservation or research) subject to said
Purposes
right and easement of the United States and to the terms and
prior
cr)nditions of this lease in furtherance of a planned proara^ cf
;.. Lc::moz for the preservation, protection and proper public
1.11:.:ilYlhll of the Spoil islands in the Int.r.aco,'Strll. watery -.,z_,' .n
MAY 81974 Soak 20 PAGE 37
Indian River County; and
6itir_REAs, the Lessor is of . the opinion that_ such use by the Lessee
is in the public interest and should be granted for a:limited te^i at
a nominal rental, subject only to the terms and conditions stated
herein;
NOW, THEREFORE, inconsideration of the premises and the mutual
covenants and agreements herein contained, itis agreed by the aarties'
hereto:
1. SUBJECT to conditions stated "herein, the Lessor does hereby
lease the above mentioned parcels of land as' is and in their existing
condition to the Lessee for a term of five (5) years from the date
hereof for use by the Board of County Commissioners of Indian River
County for recreation, conservation or research and upon condition that
no structures or improvements of any kind are to be placed on said land
without prior written consent of the Lessor and that any such struc-
tures or improvements placed thereon with Lessor's consent are to be
completely removed at Lessee's expense within thirty (30) days after
request therefor by Lessor.
2. Lessee shall include said parcels of land in its program for
the preservation, protection and proper public utilization of the
i
scoil islands in and along the Intracoastal Waterway in Indian. River
County and shall determine for each parcel the most -appropriate public
use within the program. Assignments of jurisdiction, control cr
authority over any portion of these parcels to any, except of-ficers,
employees and appointees of Indian River County, shall be subject to
the written approval of the Lessor.
3. Upon and subject to the terms and conditions stated herein,
which it agrees to perform and abide by, the Lessee does hereby lease
said parcels of land from the Lessor and further agrees:
(a) To accept the leased premises as is and in their existing
condition subject to the use by the United States for
roil disposal in accordance with the aforesaid easement.
MAY 8 1974 aao 20 PAGE 38
t_ r
(b) To promptly pay in advance the annual rental of ONE DOLLAR
($1.00).
(c) Not to permit or suffer any waste in or upon said .premises;
to strictly comply with any and all rules, regulations and
requirements that may be imposed from time to time by virtue
of the laws of the State of Florida, or any rules and regu-
lations of any governmental"agency having jurisdiction over
the leased premises.
(d) To permit the Lessor, or its duly authorized agents, fred-
access to the leased premises at any and all reasonable
times for the purpose of examining and inspecting same.
(e) Not to assign or sublet this lease, or any portion of the
leased premises, without written consent of the Lessor,
except as herein provided.
(f) Not to permit the use of said premises for purposes other
than for recreation, conservation, or research, as herein
provided.
(g) To make no unlawful, improper, or offensive use of the
premises.
(h) To make adequate provision for inspection and patrol of the
premises to insure continuing compliance with the provisions
of this agreement.
(i) To execute such maintenance and clean-up work aq may be
necessary to establish and maintain the -satisfactory appear-
ance of the premises.
(j) 'At the termination of this lease, by lapse of time or other-
wise, to yield immediate possession to the Lessor.
(k) To pay any and all taxes levied upon the leased premises
during the term of this lease.
(1) To save the Lessor harmless from any and all liability, loss,
damage, claim, action, costs and attorney's fees resulting
from or caused by any claim, loss or damage to person or
property on or about or by reason of said leased premises.
MAY - 81974 gook 20 Pnc 39
k
Or
4. This lease may be terminated by notice in writing by one party
thereto to the other sixty (60) days prior to any anniversary date dur-
ing the lease period. For this purpose, May 8, 1979 is con-
sidered to be the anniversary date of the lease.
5. The Lessee agrees to save the Lessor harmless from any liabil-
ity by reason of property damages or personal liability to any person or
persons, firm or corporation on or about -said premises, and to carry
indemnity insurance as protection against said liability for the protec-
tion of the Lessor with a reputable insurance company to be approved by '
the Treasurer of .the Lessor, with $250,000-$500,000 limits, such poli-.
cies to be deposited with and receipted payment of premiums thereof sent
to the said Treasurer during the term of this lease, or any extension
thereof.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals on the day and year first above written.
Signed,, sealed and delivered BOARD OF COMMISSIONERS OF THE
in our presence: , _ FLORIDA/ INLAN,1 NAVIGATIONDISTRICT
• - By: (Seal i
IvIezaa �C Attest:�e7a,42 (Sea!)
Its Secretary
BOARD OF COUNTY COM-MISSIONERS OF
INDIAN RIVER COUNTY
By: Cc (Seal)
Its Chairman
Aalll,�2.L�'n Attest: _ (Seal )
Clerk of the.Circuit Court
MAY 81974 Book 4u PACE 40
1'
r
I
MSA IR -6-C
A parcel of land lying in Tract 22 of Indian River Lands in Section 30 and 31,
Township 32 South, Range 40 Fast, Indian River County, Florida, as shown on.
Carter and Damerow Map dated May 5, 1930 of Indian River and Adjacent Lands,
and more particularly described as follows:
As a point of reference commence at a point 2525 feet West of the NoT:heast
r of Section 311 Township 32 South, Rango 40 East, thence colltiritl duc:
ewe .
AY 81974 BOOK � PAGE 41
EXHIBIT "A"
MSA IR -4-A
o=
A parcel of land lying in Sections 11 and 12, Township 32 south, Range 39 east,
!'
Indian River County, Florida, more particularly described as follows:
E5
From a point 4588.60' West and 510.00' North of the Southeast corner of
<E
Section 12, Township 32 South, Range 39 East, run North 17030' West a
continuing the
distance of 1758.00' ,to the POINT OF BEGINNING; thence on
heretofore described line run a distance of 500.001; thence run North 27030'
East a distance of 722.00'; thence run North 74030' East a distance of 605.00`;
thence run South 7015' East a distance of 1000.00' to a point; thence_run
Southwesterly to the Point of Beginning.
t
Listed in Florida Inland Navigation District Inventory as Island X24.
MSA IR -6—A
A parcel of land lying in Sections 19, 25, and 30,. Township 32 South, Range 40
East, Indian River County, Florida, more particularly described as- follows:
From the Southwest corner of Section 19, Township 32 South, Range 40 East, ran'
due North along section line a distance of 673• to point "J"; thence run South
'1
c
51 30' East a distance of 1116' to a point "I", being on the south boundary of
Section 19, Township 32 South, Range 40 East; thence run Southwesterly to a
point "B", being on the section line between Sections 25 and 30, To:r..srfp 32
South, Range 40 East; and lying 630' South of the Southwest comer of Section 19,
Township 32 South, Range 40 East; thence run North 26007' West 720 feet to a
point "A"; thence run due East 316 feet to the point of beginning; and being shown
Carter and Damerow Map dated May 5,. 1930 of Indian River and Adjacent Lands.
on
Listed in Florida Inland Navigation District Inventory as Island 127A (a part of
the island),
MSA IR -6-B
A parcel of land lying in Tract 17 of Indian River Lands' in Section 30, To:vnship
32 South, Range 40 Fast, Indian River County, Florida, as shown on Carter an 3
Damerow Map dated May 5, 1930 of Indian River and Adjacent Lands,.and more
particularly described as follows
From the Southwest corner of the Northwest Quarter of Section 30, Township 37-
2South,
4
South,Range 40 East, run North along the section line to point "C" in the boundary
of Tract 17, said point being the POINT OF BEGINNING: from said Port of
i
' Beginning run North 200 feet; thence run East 1050 feet; thence run So :h 500
feet; thence run West to a point in the Southwest boundary of Tract 17; trance
run North 28015' West in this boundary to the Point of Beginning.
Listed in Florida Inland Navigation District Inventory as Island #28.
MSA IR -6-C
A parcel of land lying in Tract 22 of Indian River Lands in Section 30 and 31,
Township 32 South, Range 40 Fast, Indian River County, Florida, as shown on.
Carter and Damerow Map dated May 5, 1930 of Indian River and Adjacent Lands,
and more particularly described as follows:
As a point of reference commence at a point 2525 feet West of the NoT:heast
r of Section 311 Township 32 South, Rango 40 East, thence colltiritl duc:
ewe .
AY 81974 BOOK � PAGE 41
MAY 1974 sock 2--0 PUE 42
MAY 8 1974
L.-
CHAIRMAN Loy AGREED TO WRITE A LETTER OF THANKS
TO THE ENVIRONMENTAL COMMITTEE FOR THEIR WORK IN OBTAINING
THIS LEASE,
COMMISSIONER SIEBERT REPORTED THAT HE HAD RECEIVED
A PETITION SIGNED BY THE RESIDENTS OF LITTLE ORCHID ISLAND
OPPOSING THE EXISTING COMMERCIAL ZONING ON A PORTION OF THE
ISLAND NORTH OF STATE ROAD SIO AND THE WABASSO BRIDGE AND .
EXPRESSING THEIR DESIRE TO HAVE THIS AREA REZONED TO R -Z.
THIS PETITION IS HEREBY BEING'MADE A PART OF THESE MINUTES.
43
0 parr 43
MAY 81974
4-2b-74
Board of County Commissioners
Indian River County
Gentleman
We the undersigned, being citizens>of Indian Aiver County
and residents of Little Orchid island, wish to express our
opposition to the existing commercial zoning on a portion
of island property lying north of State xoad 510 and the
wabasso bridge.
we believe this zoning to be inconsistent since it is an
island and no other commercial zoning exists nearer that US #1
a distance of some three-quarters of a mile. R-1 zoning
would be more consistent.
'Xhis change would serve the interests of all the residents
of the county in that commercial zoning on river islands is
prescedent setting and would open the possibility of commercial
zoning on all privately owned islands in the future.
ttespectfully ours,
r
COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE HAD
ATTENDED THE MEETING OF THE CITY OF VERO BEACH CITY COUNCIL
AND THE PROPOSAL REGARDING THE COUNTY SHARING IN THE COST OF NINE.
RECREATION PROGRAMS WAS WELL RECEIVED BY THE CITY COUNCIL.
DISCUSSION FOLLOWED, AND IT WAS AGREED THAT A FORMAL
AGREEMENT WAS NEEDED ON THIS MATTER, AND ATTORNEY BURCH WAS
AUTHORIZED TO WORK WITH THE CITY IN DRAWING UP AN AGREEMENT
WITH THE FOLLOWING STIPULATIONS:
r _
1. ALL FEES PAID BY CITY AND COUNTY RESIDENTS
SHOULD BE EQUALIZED.
2. ALL FEES COLLECTED FROM COUNTY RESIDENTS TO
BE PUT INTO A SEPARATE CAPITAL OUTLAY RESERVE
ACCOUNT.
3. AS THESE FUNDS ARE EXPENDED, THE CITY IS TO
SUBMIT REPORTS TO THE COUNTY COMMISSIONERS ON
THE UTILIZATION OF SAID FUNDS,
COMMISSIONER BOGOSIAN INFORMED THE BOARD OF A REQUEST
FROM REAL ESTATE AGENT JOE DISTASIO TO DISCUSS THE PROBLEMS
ENCOUNTERED IN OBTAINING A SEPTIC TANK PERMIT ON VACANT LOTS,
MR. DISTASIO APPEARED AND STATED THAT HIS CLIENTS ARE PUR-
CHASING PROPERTY SUBJECT TO THEIR GETTINb SEPTIC TANK PERMITS.
OUR COUNTY REGULATIONS STATE YOU MUST HAVE A ZONING CERTIFICATE
BEFORE YOU CAN GET A SEPTIC TANK PERMIT, AND REAL ESTATE AGENTS
ARE NOT ABLE TO SELL PROPERTY BECAUSE OF THE WAY COUNTY REGULA-
TIONS ARE SET UP,
AFTER MUCH DISCUSSION] THE BOARD AGREED THAT COMMIS-
SIONER DRITENBAS AND ADMINISTRATOR JENNINGS SHOULD MEET WITH
THE HEALTH DEPARTMENT TO DISCUSS THIS MATTER AND REPORT BACK
TO THE BOARD.
ON MOTION MADE AND SECONDED, THE BOARD OF COUNTY COM-
MISSIONERS RECESSED AT 2:40 O'CLOCK P.M.
45
MAY 8 1974 Bora cu Pas( 45
4
WEDNESDAY, MAY S, 1974
THE BOARD OF TAX ADJUSTMENT OF INDIAN RIVER COUNTY,
FLORIDA, RECONVENED AT 2:40 O'CLOCK P.M. AT THE COURTHOUSE,
VERO BEACH, FLORIDA, ON WEDNESDAY, MAY 8, 1974. PRESENT WERE
ALMA LEE Loy,'CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS;
JACK U. DRITENBAS AND RICHARD P. BOGOSIAN, MEMBERS OF THE
BOARD OF COUNTY COMMISSIONERS; THOMAS JONES AND RIVERS -ANDERSON,.
MEMBERS OF THE INDIAN RIVER COUNTY SCHOOL BOARD. ALSO PRESENT
WERE HOMER C. FLETCHER, INDIAN RIVER COUNTY TAX ASSESSOR,'
PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .
L. S. THOMAS, COUNTY COORDINATOR, AND ELIZABETH FORLANI AND
VIRGINIA.HARGREAVES, DEPUTY CLERKS.
ATTORNEY BURCH READ TO THE BOARD A TELEGRAM DELIVERED
TO RALPH HARRIS, CLERK OF THE CIRCUIT COURT, FROM THE DEPARTMENT
OF REVENUE, WHICH TELEGRAM IS BEING MADE A PART OF THESE
MINUTES AS FOLLOWS:
s
/ H
4�
AGT VERO
224PM
M067(1333)(1®020237'C129)FD 05/09/74 1331
ICS IPMTHFA TAS
E 01044 FR TALLAHASSEE FL 71 05-09.1201F EDT
PISS HONORABLE RALPH HARRIS CLERK OF CIRCUIT COURT
PO BOX 1028FONE 0I2 MAIL COPY
VERO BEACH FL
ATTN: CHAIRMAN BOARD OF TAX ADJUSTMENT INDIAN RIFER COUNTY THE
7® 1974RAND TOOK THE INET F® LOWINGING AS ACTIONSHREGARDINGENT OF REVENUE D 410 FORWARLEDNFOIRY
RVIEW BY THE BOARD OF TAX ADJUSTMENT OF INDIAN RIVER COUNTY
VALIDATE 3176 3175 3179 3190 3191 31928 3134 3195 3196 3197®
INVALIDATE 31 3®,THi CLERK OF THE BOARD,4F TAX AbUSTMINT SHALL.
NOTIFY EACH PET.ITICNER OF THE DISPOSITION OF HIS CASE SINCERELY
RORER T W PERKINS AD VALOREM TAX COUNCEL
NNNN
n
ON MOTION BY MR. ANDERSON, SECONDED BY COMMISSIONER
BOGOSIAN, THE BOARD OF TAX ADJUSTMENT OF INDIAN RIVER COUNTY
UNANIMOUSLY ADOPTED THE REAL PROPERTY TAX ROLL AND THE TANGIBLE
PERSONAL PROPERTY TAX ROLL FOR THE YEAR 1973 AS AMENDED BY
THIS BOARD AND THE DEPARTMENT OF REVENUE,
46
MAY 81974 BOOK 2M
(SPACE 46
qN
J
DR -429
Orig. 4/71
Revised 5/72
CERTIFICATE OF BOARD OF TAX ADJUSTMENT
_ INDIAN RIVER County, Florida
M.
We, the undersigned, as and constituting the Board of Tax Adjustment of the above named
county, do hereby certify that after approval of the following_ described assessment roll by the Depart-
ment of Revenue, all hearings required by Florida Statutes, have been held and that said Board of
Tax Adjustment is satisfied that the
AL PROPERTY FOR T. YZM 1973
(insert proper designation - real property or tangible personal property)
in the above named county includable on such assessment roll meets all requirements imposed by the
statutes of the State of Florida and the requirements and regulations imposed by the Department of
Revenue.
We further certify that it is hereby ordered that upon completion of this certificate and the
attachment of the same to the herein described assessment roll as a part thereof, that the said assess-
ment roll be delivered to the tax assessor of this county„ on the day that this certificate is dated,
who shall adjust the said assessment roll in accordance with the decision of this Board of Tax Adjust-
ment and make all required extensions on the roll to show the tax attributable to all taxable property
_contained therein pursuant to law.
In witness whereof we have subscribed this certificate and caused the same to be attached to and
made a paTLof the above de. 'bed assessment r and a copy thereof spread upon the minutes of this
the OTH day of fAY 19 _
(SEAL)
.1t �&s,e.f!.y� (SEAL)
14V7 9 �, i)W ► (SEAL)
(SEAL)
1 " (SEAL)
and constituting the d ii6:ian River County
Board of Tax Adjustment
MIRY 1974 BOO ZU WE 47
r
i
DR -428
Wig. 4/71
Revised 5/72
CERTIFICATE OF BOARD OF TAX ADJUSTMENT
hDiAN RIVES County, Florida
r
We, the undersigned, as and constituting the Board of Tax Adjustment of the above named
county, do hereby certify that after approval of the following described assessment roll by the Depart-
ment of Revenue, all hearings required by Florida Statutes, have been held and that said Board of
Tax Adjustment is satisfied that the
TmaiBLE PEgsomAL PRopm %'on To Yrm 1973
(insert proper designation - real property or tangible personal property)
in the above named county includable on such assessment, roll meets all requirements imposed by the
statutes of the State of Florida and the requirements and regulations imposed by the Department of
Revenue.
We further certify that it is hereby ordered that upon completion of this certificate and the
attachment of the same to the herein described assessment roll as a part thereof, that the said assess-
ment roll be delivered to the tax assessor of this county, on the day that this. certificate is dated,
who shall adjust the said assessment roll in accordance with the decision of this Board of Tax Adjust-
ment and make all required extensions on the roll to show the tax attributable to all taxable property
contained therein pursuant to law.
In witness whereof we have subscribed this certificate and caused the same to be attached to and
madeart of the above desciihedd assessment 9rol�aild a copy thereof spread upon the minutes of this
the A day of
q (SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
as and constituting the Indian River County
Board of Tax Adjustment
MAY 81974
• T w,,.
BOOK 20' PACE 48
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE
BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER DRITENBAS,
THE BOARD OF TAX ADJUSTMENT OF INDIAN RIVER COUNTY ADJOURNED
SINE DIE AT 2:49 O'CLOCK P.M.
49
MAY .81974
u44 9 wacE 49