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HomeMy WebLinkAbout10/9/1974WEDNESDAY, OCTOBER 9, 1974 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON 14EDNESDAY OCTOBER 9, 1974 AT 3:30 O'CLOCK A.M. PRESENT WERE ALMA LEE LOY, CHAIRMAN; EDWARD J. MASSEY, VICE CHAIRMAN; -JACK U. DR I TENBAS; 14I LLARD 1.4. S I EBERT, JR . ; AND RICHARD P. BOGOSIAN. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L.S. THOMAS, COUNTY COORDINATOR; PAUL D. BURCH ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JACK {IOCKMAN 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 REGULARD MEETING OF SEPTEMBER 25, 1974. COMMISSIONER SIEBERT REQUESTED ON PAGE 4 SECOND AND THIRD PARAGRAPH THE WORD "SCHOOL" BE CHANGED TO READ "ECONOMIC OPPORTUNITY COUNCIL". CHAIRMAN LOY REQUESTED THE FOLLOWING CORRECTIONS: ON PAGE 4, EIGHTH PARAGRAPH, "43RD AVENUE" BE CHANGED TO READ "KINGS HIGHWAY". ON PAGE 4, EIGHTH PARAGRAPH, LAST SENTENCE THE WORDS "PER MILE" BE ADDED. ON PAGE 161 SECOND PARAGRAPH, LAST SENTENCE , "THE EASEMENT" BE CHANGED TO READ "ANY EASEMENT". ON PAGE 20, "SANTANA" BE CHANGED TO READ "LANTANA". ON PAGE 291 "ARTHUR LEROY HIGHTS" BE CHANGED TO READ "ARTHUR LEROY HIGHT" ON PAGE 30, THE LAST THREE PARAGRAPHS SHOULD BE CHANGED TO READ: "CHAIRMAN LOY PROPOSED THE APPOINTMENT OF THE INDIAN RIVER COUNTY BICENTENNIAL COMMITTEE. THE ORIGINAL APPOINTMENTS TO INCLUDE THE CO-CHAIRMAN AND FOUR MEMBERS TO FORM THE STEERING COMMITTEE. THIS COMMITTEE IS CHARGED WITH THE RESPONSIBILITY OF PROMOTING AND COORDINATING INDIAN RIVER COUNTY ACTIVITIES IN CO- OPERATION WITH THE STATE AND NATIONAL BICENTENNIAL COMMITTEE CELEBRATION. 9 1974 N IT IS PROPOSED THIS COMMITTEE WILL EXPAND TO INCLUDE A REPRESENTATIVE FROM ALL MUNICIPALITIES, CIVIC, FRATERNAL OR ORGANIZED GROUPS AND CITIZENS WHO WISH TO SUPPORT AND PROMOTE BICENTENNIAL PROJECTS IN INDIAN RIVER COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPOINTED THE FOLLOWING TO SERVE ON THE BICENTENNIAL STEERING COMMITTEE: SHERIFF SAM T. JOYCE AND MRS. IRENE MENSER AS CO-CHAIRMAN: MRS.PAT CALLAHAN. MRS. LORETTA CRAIG, J.B. EGAN III AND ANGELO SANCHEZ." ATTORNEY BURCH REQUESTED ON PACE 26, LAST PARAGRAPH, THE FOLLOWING AMENDMENT BE INSERTED. AMENDMENT Number One to an Agreement Dated June 21, 1972, by and between the Board of County Commissioners of Indian River County, Florida, hereinafter Called the Owner, and Smith -Davis & Associates, Inc. (now Sverdrup & Parcel and Associates. Inc., and Beindorf and Associates, Inc., A Joint Venture, hereinafter called the Engineer. WITNESSETH, THAT WHEREAS, the Owner did on June 21, 1972, enter into an Agreement with the Engineer, which Agreement provided for the Engineer to furnish certain professional engineering services, and WHEREAS, Section II, Paragraph A of said Agreement provides for the Owner to authorize additional services by the Engineer, and WHEREAS, the Owner now desires the Engineer to furnish additional services as required to prepare*a 201 Facilities Plan for the area designated in the Agreement as a requirement to retain eligibility for Federal grants for sewerage construction within said area. NOW, THEREFORE, the parties hereto agree to amend said Agreement as follows: 1. SCOPE OF SERVICES -The Engineer will prepare and present fifty (50) copies of a 201 Facilities Plan for -the said area within'Indian River County. The said Plan will meet the requirements as published in the U. S. Environmental Protection Agency's 'Guidance for Facilities Planning," dated January, 1974. 2. STARTING AND COMPLETION DATE OF SERVICES The Engineer shall not commence the additional services described'in this Amendment unless and until the Owner issues written authorization to proceed with such sergices. The Engineer shall complete and submit said 201 Facilities Plan within eighteen (18) months after receipt of written authorization to proceed -2- QCT 19-143 ROOK 2i PAGE 02., 3. FEE FOR SERVICES _ The Owner'shall pay the Engineer a -total fee.in the lump sum amount of Two Hundred and Seventy Thousand Dollars -($270,000.00) for the services provided under this Amendment. The fee will be payable upon receipt by -the Owner of grant funds from the U. S. Environmental Protection Agency, except that no fee will be paid unless the Owner has issued written authorization to proceed in accordance with Paragraph 2, above. The owner shall not be liable to the Engineer for any fee in excess of -the 201 Facilities plan grant money received by the owner. - 4, FEE FOR ADDITI0NIL SERVICES The fee for services in Paragraph 3, above, is based on the inclusion of an i infiltration/inflow analysis involving the estimation, on a preliminary basis, -of the infiltration and inflow of existing sewage collection systems,'as specified In Subparagraph 2.6 of the said "Guidance for Facilities Planning.' In the event a more detailed sewer system evaluation survey is required for any of the -systems, the Engineer shall provide such servicesrequired by the Environmental Protection Agency and/or the Florida -Department of Pollution. Control under -Additional terms and conditions to -be mutually agreed upon at the appropriate time. 4, 14ATERIALS FURNISHED TO THE ENGINEER ' I The Owner will furnish to the Engineer a copy of each land use map, studies vn sewerage facilities, and other -studies which have been prepared for said -study n WITNESS WHEREOF, the parties hereto have made and executed this Amendment :lhjmber One to the Agreement this 25th day of September , 1974. :80ARD OF COUNTY COMMISSIONERS OF i31NER: '3NDIAN RIVER COUNTY, -FLORIDA TITLE: Chairman -ATTEST a - ouat Adni irator ENGINEER: •. A JOINT VENTURE jMRUP*& PARCEL AND ASSOCIATES, INC. AND EEINDORF AND ASSOCIATES, INC. . TITLE: Assistant Vice President verdrup & Parcel and Associates, Inc. by: President Beindorf and Associates, Inc. Lffflllm� f�. 600K a ?AGE 63 , ATTORNEY BURCH REQUESTED ON PAGE 27, SIXTH PARAGRAPH, THE WORD "ADVERTISING" BE CHANGED TO READ"DISCUSSION". COMMISSIONER DRITENBAS REQUESTED ON PAGE 14, SIXTH PARAGRAPH THE WORD "REQUESTED" BE CHANGED TO READ "REQUEST "a THESE CORRECTIONS HAVING BEEN MADE, A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 25, 1974 AS WRITTEN. THE HOUR OF 8:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: 'VERO BEACH PRESS -JOURNAL Pubti shed Weekly Vara Beach, Indian River County, Florida COUNTY OF INDIAN RIVERi STATE Of FLORIDA .. NOT1Ca t II a red J. J. khununn, who on oath Yya tFts�ts Susi A� ger��he Beach Press•Jbumal, a weekly newspaper NOTICE IS HEREBY h GIVEN that the following ts a statement Florida; that the attached Copy of advertlM- summarizing a Dudga tentafivelY adopted W tee BdaM of County I published at Verb Beath in Indi gn River County, COmmisslMBre of Indian Rtvar County, Florida, for we Indian River County t+ealre 17epartment, operated by the Steer Board of health, ,, alavrtn9 receipts oe sea tMparhnent far said fiscal Year and Shmving me Ment, beingt i'�'^ beginning proposed uyel�9i, in w�orddssad fWDepartment esfol taws•. aid fiscal Year U the mattee of g�tlGCGL- -"""" +- Estimated Receipts a rc srtu: O Statea Federal sources glqXL Local sources ( City a School) 11000. Ad Valorem Taxes .. I100o08. Ithm Lauf Percent • Oma Source was pub -Cash a81 J4 Court,76 1 to the Court, Total Estimated Receipts aBalancs x6. �!- Q �%' Appropriations: Ilshad in said newspaper in the issues of—.tfGCeG.1A -t• •—� salatnawapea =M679. Employee Benefits 218SL Contract Services Logo. Travel a Automobile Expense 11A00. ...— Omer Expense 18,080. Affiant further says that the said Vero Beach Press-Joum.l Ie a newspaper published at Equipment 9'�• Vero Beach, In said Indian Riva County, and that the said newspaper has hererofbro Case Balence Forward 6.30.73 ,0.076. been Continuously published in said Indian River County, Florida, veeicly ens! has beers Fentened Total Budget as second clan mail matter at the post office in Vero Beach, in said Indian River Calmly, A aetatled copy of tae proposed budget is on nle In the Office of the for a period of arae year next preceeding the fiat publication of the attached Copy of advar- Clark of Circuit Court, Indian River County, Florida. The acid tiseme t, and affiant further says that he has neither paid nor, promised any person, firm or rtment win ere represented sty TM Board of Commissioners, and corporatiorn arty discOwt. rebate, Commission or refund for fhe purpose Of securing this adver- Vjig meet hl I" County Commissioners' Room. Indian River County tieelnQM LOr public tion in the said newspaper. C*L4,m,use, Vero Beach. Florida, at 8:30 o'clock A.M. on Wednesday. n October 9, 1974, for the purpose of hearing rebuests and complaints Sean to and subscribed before me cods .—s -- day of . — A D. from the pumic regarding Mid proposed budget. The 1973 mileage was ..._ ^ .1310; the estimated mi -s -M is .1731 Loy 1974. . �C.� gY:.s.Nf C LIs3 COYChirma Cawth CemmiMianars inwWish River t aunty, Florida(Cleric ndian Rivet County. Florida) II DR. C.C. FLOOD, COUNTY HEALTH DIRECTOR, WAS PRESENT FOR THIS PUBLIC HEARING. • THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD DURING THIS PUBLIC HEARING, THERE WERE NONE. -4- 800K 41 VAG[ 04 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE INDIAN RIVER COUNTY HEALTH DEPARTMENT BUDGET FOR 1974-75,AS ADVERTISED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED ISSUING A DUPLICATE -TAX SALE CERTIFICATE TO EVA CROSBY, IN THE SUM OF $359.56 FOR PROPERTY DESCRIBED AS: REPLAT OF LONGMIRE SUBDIVISION LOT 6. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS TO CARRY FIREARMS OF WILLIAM H. WILLARD, JR., WILLIAM H. WILLARD, SR. AND MICHAEL J. GERBHARDT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLLS FOR COUNTY COURT, SEPTEMBER, 1974 TERM IN THE AMOUNTS OF $212.28 AND $135.00: AND CIRCUIT COURT, SPRING 1974 TERM IN THE AMOUNTS OF $518.52; $182.04; $161.04 AND $245,08. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE CLERKS AND INSPECTORS SELECTED TO CONDUCT THE GENERAL ELECTION, TUESDAY, NOVEMBER 5, 1974 AS FOLLOWS: 0 `. T 91974 aaoK 21 Fur 05 N O T I C E NOTICE is hereby given that the Board of County Commissioners of Indian River County has this day selected the Clerks and Inspectors of several voting precincts to hold and conduct the General Election to be held Tuesday, November 5, 1974. Precinct No. 1 (Roseland) Community Hall Clerk, Becky Lee Crippin Inspectors: Ethel Pratt, Claudia Norris, Vergie Herbert Debra Cook Precinct No. lA (Fellsmere) City Hall Clerk, Elaine Carter Inspectors: Ruby S. Albright, Virginia Tripplett, Gladys Chard, Eva King Precinct No. 1B (Sebastian) Sebastian City Hall Clerk, Gladys M. Donnelly Inspectors: Esther Kirkpatrick, Magdalen Storch, Marguerite M. Dillon, Janet Baptiste, Ethel Arkich7c Precinct No. 1C (Wabasso) Wabasso School Building Clerk, Alma Jones Robertson Inspectors, Betty Wintermute, Muriel Ann McMechan, Lorraine Chalfont, Imogene Chatham, Pauling Jones Precinct No. 2 (Winter Beach) Old Winter Beach School Buildin Clerk, Ruby M. Williams, Inspectors, Laura Hurst, Eunice Walker, Helen B. Mardis Judi Funnell Precinct No. 2A (Northwest Vero Beach, outside city limits) C emanns,Sc oo Bull ing Clerk, Lula Carlsward, INspectors, Margaret C. Griffis, Ruth D. Hill, Helen Triebsch, Dorothy L. Friburg, John P. Sawyer II, Winifred Zentner Precinct No. 2B(Country Club Pointe Area and North AlA area, outside liMi —s,) ElkS Club Buil Qing Clerk, Joseph McLoughlin Inspectofs, Ida M. Bennett, Violet Woofter, Iffie C. Rogers, Ruth Havenner, Helen Dobbs, Precinct No. 2C—(Gifford-area) Indian River Middle School - 7 Clerk, Walter M. Jackson, In Inspectors, Willie M. Darrisaw, Anna L. Lane, Beulah Dupree, Glover Huston, Bettie B. English, Floyd Wrease, Alyse Snell t T 11974 000!(04 41 PAGE 06 ,j . Precinct No. 3 (North Vero Beach City Limits) Old Communit u�irding,. ,14th Avenue Clerk, Ruth W. Blakley Inspectors, Myrtle Jones, Gladys Lea, RoseAnne Helseth, Vlasta Booth, Gladys McNulty Precinct No. 3A(South Vero Beach) YMCA 16th Street Clerk, Florence S. Huffman Inspectors, J. M..Huffman,,Beatrice Goodwin, Lisbeth Maxwell, Elinor V. Wilkinson, Wilhelmina A. Drapeau, Mildred Johnson Precinct No. 3B (Southwest Vero Beach, outside City Limits) Asbury Methodist C urc , 43rd Avenue XClerk, Mamie A. Smith Inspectors, Edna K. McDaniel, Ellen'1RUShton, Mino 0. Hoven Marcene Jackson., Elizabeth Johnson, Warren Becker Precinct No. 3C (South Vero Beach, outside cit limits, east of 27th venue an west o rai roa en a e Baptist Churcht enue tAve. Clerk, Dorothea Sturke Inspectors, Helen G. Hamlin, Alfred G. Hughes, Harriet 0. Hughesi Estella /Davis, Julia Helseth, Eleanor Creswell,A1£red Creswell " Precinct No. 4,(South Vero Beach) Youth Center - 19th Street Clerk, Jean Acker Inspectors, Florence Hilliard, Clinton S. Stocker;,Rose Yantz, Mae Weaver, Florence M. Fersch, John G. Vicek Precinct No. 4A (S. W. Vero Beach, outside city limits, west of 27th Avenue to 74th Avenue and north of SthStreet S. W. j Cl-trus School Clerk, Therese Carden Inspectors, Ruby Blair, Leah Radzihowski, Elsie Hills, Sue Ann Musick, Patty Prange, Helen Duffy Precinct No. 4B (East Vero Beach And Oslo) Community Center at Vero Beach Higfilands Zist. Road Clerk, Dorothy Yount Inspectors, Cecilia Nason, Marion H. Erb, Glen Joyce, Frances Sherman, Mary S. Southerland Precinct No. S (Vero Beach, East of Railroad) Carpenters Hall corner of 12th Avenue and 26th Street Clerk, Helen Bass, Inspectors, R. L. Bass, Charles Schmidt, Josephine Schmidt, Bula Pugh, Meryl Jean Gordy, Dorothy S. Hogah:j Katie Ledwell, There$l. Buss, Madelen Leetch, Alice Rawson 7— sooK 21 ?acf 07 Precinct No. SA (Vero each, .East of Indian River) Beach Fire tation Clerk, Betty S. Lloyd Inspectors, Jeanne Fetzer, Betty Ann Monroe, Elizabeth Coppy, Ec Effie Strong, Sylvia Bailey, Helen Wilkosky, Melba Campbell, Hazel Ostrander, Viola Seraphine, Christine Kuhn Harold Jefferson Predinct No. 5B (Southeast Vero Beach)Rockridge Community Building Clerk, Joe Blake, Inspectors, Rose Marie Mintern, Corinne M. Blake, Charles E. Thomas, Helen Taylor -T•, Daisy Close, Dorothy Taylor. Dated this 9th day of October, 1974. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA IF YOU CANNOT SERVE, PLEASE CALL RALPH HARRIS, CLERK 569-1200 THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. REP RT FROM THE HERIFF'S DEPARTMENT OF ARRESTS FOR THE MONTH. OF JEPTEMBER I9% . IND AN RIVER QUN]"x WELFARE DEPARTMENT MONTHLY REPORT SEPTEMBER 1, TO FPTEMBER 74. DEPORT OF CONVICTIONS - COUNTY COURT - SEPTEMBER 1974. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED MAKING THE FOLLOWING RESOLUTIONS FROM THE SEBASTIAN INLET DISTRICT, INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT AND THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT A PART OF THESE MINUTES. anon 21 pu[ 08 OCT 9 .t At a regular neati.n; of the Dowd of Commissioners of Sebastian Inlet District hold at t`.v. office of the Commissioners at 1231 New Haven Avenue, Melbourne, Florida, in said Inlet District, on the day' of $ep4,, 1874, at 2x00 o'clock �e M., at which meet- ing there was /,present a quorum of the co=issioners of .said district, Commisaioner % •' presented, road and moved the adop- tion of the following resolutions 8u IT RzCL7E' BY TU BOARD OF COMMICD:�.LS OF S B.,,j 1AU ITIM DIC UCS A:i iGIW;JS2 Section 1. Pursuant to Chapter ?976 Special Acts of Florida of 1919; Chapter 12259 General Daws of Florida of 19271 and Chapter 22891 General Laws of :Florida of 1045, there shall 6e, and is hereby levied a tax on all real and personal tremble property in said Inlet District conprisin, the area or territory in what is now Indian tdvor and Brevard Counties, 'Florida, as follows: All the area or territory within the bUrd County Co=issioncrz Dis.trict of Eravard County, Florida, and that fart of the area or territory within the Fourth uou :ty Comair, :;loners ' iztrict of Brevard County bounded on ;:he North by the Township line between •Ao:•rnship 25 and ,ourasaip 26, and all tiie area or territory within the First County Commis- suiuers ::istrict of St. Lucie County, .71orida, as the same was located and established on May 252. 1919; and all such other area or territory as may exist by reason of the changes of the boundaries of Brevard and Indian :liver Counties, Florida, as approved at the Special General Llection held on November 31 19599 in accordance with the provisions of Chapter 55-486, Laws of 'Florida of 1959: for they czar 1974 at + c ..:., �� c ., 'Nuc .� �/h e, d r s �o. 7� of one mill on the dollar, to be used solely for the purpose of maintaining Sebastian Inlet and keeping it open for co=erce, as authorized an prescribed in and by any of the laws of the State of `lorida herein- above mcationed. Section 2. That said Board. of Commissioners of said Inlet District doep hereby find and declare tl--,at the Sc ,/ c,,7 '/-,0 c vi AIL4 !fir f . j/1, of 0110 ::.ill a::; levic;i as aScrc:ozid is z,cce;srry for the-u_rpoze o� mai.ntainin.; ,cbastirui Inl,.;t cr,,d kecepiu ; it o :on for commerce, N -a- As. �ooK— 21 rain 09 L�� tra ncportaticn, and t -,a L intcn=ce of tLe health, ccmfort and wel- fare of the inhabitants of said district, and tbaY said tax of v c di : W,'hs of one r ill is hereby found and declared to be nececsa y for the purioses authorized and Prescribed by the lavas horeinubove mentioned. Section 3. The Board of County Go=-i.ssioners of Indian River County, Mori: s, and of Brevard County, +lorida, be and they are hereby severUly requirad to orc3Qr and require tho county tax assezz- ore of said respective counties to assess, and the county tax col- lectors of said respective counties, to collect the mount of tax herein assessed and levied uz:on all of the tax4ble properties in. said Inlet District at the rate of taxation herein provided, for the year 1974. Zection 4. The tax collectors of Indian :fiver and Brevard Counties, "Florida, severally, a::all collect said tax hereon levied in the sa=e manner as other state and county taxes are collected, and shall pay the proceeds from the 5'e vi c, f< ?## f/u &.1 of f e of -14 s or one mill herein levied and assessed for the purposos authorized and prescribed by any of the aforesaid laws, to the treasurer of said Inlet District, LIS30 within the tine and in the manner prescribed by laws for the ,payment by the county tax collector of County taxes. Section 5. The Comptroller of the state of Florida be, and ho is hereby required to assess and levy on all railroad properties and railroad lines, all telegraph properties and telegraph lines, and all telerhone proi.erties and telephone lines, situated or located within said Inlet Distriet, the taxes herein levied for the year 1974* section 6. The Comptroller of the State or plorida shall assess and collect said taxes in the sac.e ,wanner as are count; taxes upon said prof arties, and such taxes shall be remitted by the collecting; officer as herein provided. Section 7. his resolution shall be onto -red at larGo ui�on t:.c ,minutes ox 4his Boar . anJI c cerL•ifled copy executed in the u -,,.-.e of va1d:.:o,_rd by its c:iair--an a.::c; sec_.�t..��y, unser its corjol•i.tite s:ea1, sb-.sill ba delivc-rc-t', to w -`.s Boc.rd cf Uats.sty Cor-micoio-W.rss of Indian OCT 9 1974 Booir PAGE 10 - +A 7-7 :river Cai;.rt3s loridw, wed Bray k Countys Zlorida, severally and to it8 CQ A ux'allvr Oi tie :: L=_J U RESOLUTIC N WHEREAS, the laws of Florida require the Board of Commis- sioners of the Indian River Mosquito Control District to assess and levy against the taxable property within said District to be paid into the Dis- trict for the operation of the District for the fiscal year; and . WHEREAS, it is the duty of the Board to adopt a budget for. operation of the Indian River Mosquito Control District for the fiscal year 1974-75; and WHEREAS, the District has cash reserve in the gross amount of $18,293000 (Local funds - $6,768.00; State I funds - $4.018.00; State II funds - $7,507.00) available for the operation of the Mosquito Control District for the fiscal year beginning Gctober 1, 1974 and ending Septem- ber 30, 1975, in lieu of a tax levy upon the property in said District; NOW, THEREFORE, BE IT RESOLVED by the Board of Com- missioners of the Indian River Mosquito Control District, Indian River County, Florida, that the Cash reserve of $18,293.00 be transferred to the budget for the operation of the Mosquito Control District for the year 1974-75 in lieu of a millage levy of the equivalent of $18,293.00; and BE IT FURTHER RESOLVED By the Board of Commissioners of the Indian River Mosquito Control District of the State of Florida that there shall be and is hereby levied upon all of the real and personal taxable property in said district, which comprises the following territory: Begin at a point where the South boundary line of Indian River County, Florida, intersects the Atlantic Ocean; thence run West along the South boundary line of Indian River County, Florida to the Southwest corner of Section 31, Township 33 South, Range 36 East; thence run North along the ran;;e Iiaz dividing Range 35 East and Range 36 East to the Northwest corner of Section 6, Township 33 South, Range 36 East, and which corner Is pn the boundary line dividing Township 32 Scuth and Township 33 South; thvrce run East on the boundary line dividing Town ,hip 33 South and Township 32 South to the Southwest corner of Sec- tion 36, Township 32 Scuth, Ran -c 3,13 East; thence run North to tl:,z Northwest corner of SectVn 36, Townshil) 31 Sleuth, Ran -c 33 Fn:yt; thc:ce run V,`cot to the S eutl.west corner of Scction 26, To�tirnc:iiip 31 : u.ICh, I;rlr. ,: 3 L:a.;t; ti -once run 11 -rth to the Nortlwvc° t corner of 23, Tov. nLhip 31 3; OCT � a d3t SHARP, JOHNSTON 6 BROWN, Anofm&dArLAW, VERO BEACH, FLORIDA Book r`aoE 1 u ;_'0GT 91974 r ' ,,yam •.y.: ` 3., �. East; thence run Fti'est to the Fleming; Grant line and the Southwest_ corner of Govrrn:nent Lot 3, Section 15, Township 31 South, Rnn ;e 33 East; thonce run Northeast along the Fleming Grant line to the East corner of Flemtn7 Grant Section 26; thence run Northwest to the West cornu of Fl -ming Grant Section 27; thence run Northeast to the 1,*orCh corner of Flcming Grant Sect'on 27; thence run Ncrthivest to the vest corner of Fleming Grant Section 23; thence run Northenst along the boundary line of said Fleming Grant Sec- tion 23 to the North boundary line of Indian River County, Florida; thence run East along said North boundary line to the point where said line intersects the medial line of the youth Fork of the St. Sebastian River; thence N::rtherly down the thread of said stream to the main stream of the St. Sebastian River; thence down the thread of the- St. SebastiQ-n River to its confluence with the Indian River; thence East to the intersection with the Southwesterly extension of the center line of the approach channel to the Sebastian Inlet from the Indian River; thence Northeasterly along the center line and continue Northeasterly and Easterly along the center line of the Sebastian Inlet to the Atlantic Ccean; thence run Southerly along and following the Easterly boundary line of. Indian River County, Florida, to the point of beginning; for the year 1974, a tax of 0.439 mills on the dollar, to be used solely In carrying out the purposes of the Act creating the Indian River Mos- quito Control District, being Chapter 24,600, Acts of the 1947 Florida Legislature, as amended by Chapter 61-2275, Laws of Florida; and BE IT FURTHER RESOLVED that the Board of County Commis- stoners of Indian River County, Florida, be and it is hereby required to order the Tax Assessor of said County to assess, and the Tax Collector to collect, the amount of said tax herein levied upon all of the taxable property, real or personal, in said District, and to cause said levy to be included in the warrant to the Tax Assessor which is attached to the assessment roll of taxes; and BE IT FURTHER RESOLVED that the Tax Collector of said County shall collect such tax as levied in the same manner as other taxes are collected and shall pay the some when collected within the time and in the manner prescribed by law for the payment of other taxes to the Secretary of the Board of Commissioners of the Indian River Mosquito Control District; and BE IT FURTHER RESOLVED that the Comptroller of the State of Florida be and he is hereby required to assess and levy on all of the railroad lines and railroad property, telegraph lines and telegraph property ;.TARP, JOHNSTON 6 BROWN, ATTORNEYSIA'J LAW, VERO BEACH, FLORIDA 1 eaoK 21- PAGE 13 0 ;_'0GT 91974 r ' ,,yam •.y.: ` 3., �. East; thence run Fti'est to the Fleming; Grant line and the Southwest_ corner of Govrrn:nent Lot 3, Section 15, Township 31 South, Rnn ;e 33 East; thonce run Northeast along the Fleming Grant line to the East corner of Flemtn7 Grant Section 26; thence run Northwest to the West cornu of Fl -ming Grant Section 27; thence run Northeast to the 1,*orCh corner of Flcming Grant Sect'on 27; thence run Ncrthivest to the vest corner of Fleming Grant Section 23; thence run Northenst along the boundary line of said Fleming Grant Sec- tion 23 to the North boundary line of Indian River County, Florida; thence run East along said North boundary line to the point where said line intersects the medial line of the youth Fork of the St. Sebastian River; thence N::rtherly down the thread of said stream to the main stream of the St. Sebastian River; thence down the thread of the- St. SebastiQ-n River to its confluence with the Indian River; thence East to the intersection with the Southwesterly extension of the center line of the approach channel to the Sebastian Inlet from the Indian River; thence Northeasterly along the center line and continue Northeasterly and Easterly along the center line of the Sebastian Inlet to the Atlantic Ccean; thence run Southerly along and following the Easterly boundary line of. Indian River County, Florida, to the point of beginning; for the year 1974, a tax of 0.439 mills on the dollar, to be used solely In carrying out the purposes of the Act creating the Indian River Mos- quito Control District, being Chapter 24,600, Acts of the 1947 Florida Legislature, as amended by Chapter 61-2275, Laws of Florida; and BE IT FURTHER RESOLVED that the Board of County Commis- stoners of Indian River County, Florida, be and it is hereby required to order the Tax Assessor of said County to assess, and the Tax Collector to collect, the amount of said tax herein levied upon all of the taxable property, real or personal, in said District, and to cause said levy to be included in the warrant to the Tax Assessor which is attached to the assessment roll of taxes; and BE IT FURTHER RESOLVED that the Tax Collector of said County shall collect such tax as levied in the same manner as other taxes are collected and shall pay the some when collected within the time and in the manner prescribed by law for the payment of other taxes to the Secretary of the Board of Commissioners of the Indian River Mosquito Control District; and BE IT FURTHER RESOLVED that the Comptroller of the State of Florida be and he is hereby required to assess and levy on all of the railroad lines and railroad property, telegraph lines and telegraph property ;.TARP, JOHNSTON 6 BROWN, ATTORNEYSIA'J LAW, VERO BEACH, FLORIDA 1 eaoK 21- PAGE 13 I the annount of such levy as in the case of other State and County taxes, and to collect the said tax in the some manner as is required by law as to the assessment and collection of taxes on the public property for State and County purposes, and to remit the same to the Secretary of said Indian River Nooquito Control District in the same manner as such remittances are made in the collection of other taxes; and BE IT FURTHER RESOLVED that this Resolution be duly entered at large. upon the minutes of the Board and that a duly certified copy of the same executed in. the name of said Board by its Chairman and Secretary, and under its corporate seal, shall be delivered to the 13oard. an River County, Florida, and transmitted of County Commissioners of Indi by mail to the Comptroller of the State of Florida. We, C. Reed Knit ht and E. J. Beldler, Chairman and Ex - Officio Secretary of the Board of Commissioners of the Indian River Mosquito Control District, hereby certify the foregoing to be a true copy of a Resolution duly adopted by said Board at its regular meeting held on September 24, 1974. This 24th day of September, 1974. Attest: of If mQan� X. SHARP. JOHNSTON & BROWN. ATTORNEYS -Al LAW. VERO BEACH, FLORIDA cook 21 PAGE 14 z I i {' CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT i t, - ! RESOLUTION NO. 7448 ADOPTION OF BUDGET FOR FISCAL YEAR 1974-75 WHEREAS, Chapter 373, Florida Statutes as amended, and Chapter 25270, Laws of Florida, Acts of 1949, require that the Governing Board of the Central and Southern Florida Flood Control District adopt a final budget for each fiscal year; and WHEREAS, the Governing Board of the Central and Southern Florida Flood Control District, after careful consideration and study,.has caused to be prepared a tentative budget for the District covering its proposed operation and requirements for the ensuing fiscal year begin- ning October 1, 1974 and ending September 30, 1975; and } +' WHEREAS, notice of intention to adopt said tentative budget, or as the same may be ! amended, setting forth said tentative budget in full as the final budget for said District for said fiscal year, was duly published in a newspaper published in each county having land in the District, all as required by law; and ' 4? WHEREAS, public hearings were held by the Governing Board of the District in West Palm Beach, Florida on August 16, 1974 and on September 13, 1974, at the time and place pro- vided in said notice. F NOW, THEREFORE, BE IT RESOLVED, by the Governing Board of the Central and Southern Florida Flood Control District that the following budget be, and it is hereby adopted as, the finalbudget of the District for the fiscal year beginning October 1, 1974 and ending Septem- ber 30, 1975, and it shall be the official operating and fiscal guide of the District for the said fiscal {{` year. {i DISTRICT FUNDS DistrictTazes $15,621,650. ! Spoil Escrow Account �•� 41 800000. Miscellaneous Sources Transfer From Reserves 1.000,000• Unappropriated Surplus 760•000 SUB TOTAL DISTRICT FUNDS $18.241.150• GRANTS FROM OTHER AGENCIES Department of Natural Resources i State of Florida -Aquatic Weed Program $ 125 000• (I Department of Natural Resources I State of Florida -Aid to Water Management Districts •500,000. SUBTOTAL GRANTS FROM OTHER AGENCIES $ 625.000• STATE FUNDS Water Resources Development Account $ 4•=,800 - TOTAL ANTICIPATED FUNDS $ 23,174,950. RECOMMENDED APPROPRIATIONS DISTRICT FUNDS AND GRANTS For Conduct of the Affairs of the District Generally Personal Services $ 1.558°633• Contractual Services 391.731. Commodities 122,814. Current Charges 175,688. Operating Capital Outlay 59,725. TOTAL $ 2,308,791. q 21 PAuc 15 I T 91974 - BOON 2i ?AU FOR TAX OFFICIALS' COMMISSIONS r $ 625,000. FOR RESERVE —CONTINGENCIES $ 200.000• FORRESERVE— EMERGENCIES $ 100000• i For Resource Ptanning i f Personal Services $ 1,397.642. Contractual Services 369883 .• Commodities 68,423. i! Current Charges 7,656• Operating Capital Outlay 172,857. TOTAL $ 2,006,460. • I� For Land. Acquisition and Relocations 1. Personal Services $ 518,166. Contractual Services 85,718. Commodities, 16,050. Current Charges 3064• Operating Capital Outlay 18.013. Fixed Capital Outlay 655,775. ?j TOTAL $ 1,296,806. i. For Resource Management i Personal Services $ 665,575. Contractual Services 139,765. Commodities 18,335. Current Charges 15,416. Operating Capital Outlay 79,453. i`. Fixed Capital Outlay 345,000• i, TOTAL $ 1,461.543. li + r. For Operation & Maintenance of the District's Works . i Personal Services $ 6086,870. Contractual Services 306A80• ! Commodities 1,476,637. Current Charges 174,495. ( Operating Capital Outlay 279,568. j! j TOTAL $ 8.323050. �j For Construction Commodities $ 1,w• Current Charges 30,000• Fixed Capital Outlay 2,513,000. i - TOTAL $ 2,544,500• SUB -TOTAL DISTRICT FUNDS AND GRANTS $18,866,150. STATE FUNDS Water Resources Development Account Land Acquisition $ 1.870,000• Construction • Project Works $ 2,438,800. SUB -TOTAL STATE FUNDS $ 4.308,800. TOTAL RECOMMENDED APPROPRIATIONS $ 23,174,950. Estimated amount which will appear at the beginning of the abbve referred to fiscal year ds obligated upon commitments made but incomplete $ 8,500.000• T 91974 - BOON 2i ?AU OCT -,4!W-,4 PASSED and ADOPTED, this 13th day of Scptember, A D 1974. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, BY ITS GOVERNING BOARD By_ Isl Robert L. Clark, Jr. Chairman (corporate Seal) ATTEST: /sl By G. E. Dail, Jr. • Secretary f —3— ORA 21 p4g 17 OCT 9 1974 CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT RESOLUTION NO. 74-49 ADOPTING THE TAX RATE AND CERTIFYING THE LEVY TO THE TAX ASSESSORS OF THE DISTRICT WHEREAS, the Governing Board of the Central and Southern Florida Flood Control District in compliance with and by authority of Chapter 373, Florida Statutes as amended, and Chapter 25270, Laws of Florida, Acts of 1949, did on Stptember 13, 1974, adopt its budget for the fiscal year 1974-75 and did approve and confirm lists of lands against which taxes of the District are to be assessed; and WHEREAS, it is determined that a tax 'levy of three hundred ninety-four one - thousandths mill (.394 mill) upon all property lying within the District subject to the District's tax is necessary to provide funds for budgeted expenditures. NOW, THEREFORE, BE IT RESOLVED, by the Governing Board of the Central and Southern Florida Flood Control District that there is hereby levied and assessed on the tax rolls for the year 1974 a uniform .ad valorem tax on all property in the District as determined for county taxing purposes at the rate of three hundred ninety-four one -thousandths mill (.394 mill) . on the dollar on the assessed valuation of such property including lands held by the Board of Trustees of the Internal Improvement Trust Fund; and BE IT FURTHER RESOLVED, that said three hundred ninety-four one -thousandths mill (.394 mill) tax levy and the lists of lands included in the District are hereby certified to the respective Board of County Commissioners and Tax Assessors of each of -the counties wholly or Central and Southern Florida Flood Control District partially embraced within the limits of the for extension on 1974 tax rolls of each of said counties. PASSED and ADOPTED, this the 13th day of September, A.D., 1974. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT BY ITS GOVERNING BOARD i' • BY /s/ Robert L. dark, Jr. (Corporate Sea[), Chairmen ATTEST: By /s/ G. E. Dail, Jr. Secretary q 0G. . 000x 21 PAGE 18 CERTIFICATE 1975 TAX LEVY CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT I hereby certify that the boundaries of Central and Southern Florida Flood Control District as established by Chapter 25270, Acts of 1949, embrace all land and taxabl a property within the limits of Indian River County. EXCEPT herefrom (for taxing purposes) so much of said lands as were certified for exemption on list furnished on the 12th day of March , A. D.,1974 i said list being those certain lands wherein title•or use rights are vested in Central and Southern Florida Flood Control District. IN WITNESS wHEREOF, I hereunto set may hand and the official seal of Central and Southern Florida Flood Control District, this 17th day of September , A. D., 1974 CENTRAL AND SOUTHERN FLORIDA .FLOOD CONTROL DISTRICT BY tom-' GL'i Secretary (Corporate Seal) s; 9, Book -2-1 iwji 19 ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO HAUL 120 YARDS OF FILL, MORE OR LESS, TO THE SAFETY CITY PROJECT AND IF NECESSARY TO SPREAD THIS FILA,. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD'UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE A RESOLUTION IN SUPPORT OF A Low -COST HOUSING TASK FORCE COMMITTEE AND AUTHORIZED THE CHAIRMAN TO APPOINT A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS TO THIS COMMITTEE. 21- gr 1974 ubleooK ��' raty 1 20 RESOLUTION NO. 74-79—A A RESOLUTION ESTABLISHING A TASK FORCE COMMITTEE FOR IMMEDIATE STUDY, LOCATIONS, FINANCING AND IMPLEMENTATION OF LOW COST HOUSING; ESTABLISHING THE TYPES OF REP- RESENTATIVES TO CONSTITUTE THE SAID COM- MITTEE; AND DESIGNATING AN IMMEDIATE DISCUSSION MEETING. WHEREAS, the need for the purchase or rental of low cost housing in the City of Vero Beach and Indian River County, Florida, is acute, resulting in extreme hardship for low and median income employees and their families; and WHEREAS, the lack of low cost housing discourages industry from locating in the City of Vero Beach and Indian River County, and one industry presently located therein, The Piper Aircraft Company, is limiting plant expansion, due to the inability of its employees to find affordable housing; and WHEREAS, the economy of the aforementioned area is experiencing a recession and a clear and present need exists to stimulate the building industry, whereby jobs would be created and a flow of money would be realized by the busi- ness community, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board calls upon the citizens of Vero Beach and Indian River County and their duly elected officials and the busi- ness community and its leaders to join in an all out effort to seek out and find the solution to the need for low cost housing by establishing a TASK FORCE COMMITTEE FOR LOW COST HOUSING as hereinafter constituted, to commence imme- diately to study the need; to locate and determine the availability of and the cost of suitable land for such housing; to recommend the most suitable type of construction �.I -22- PAGE 2 IJ and to determine the means of financing low cost housing in the City - County area. The TASK FORCE COMMITTEE FOR LOW COST HOUSING shall consist of eight members as follows: 1. A member of the Indian River County Commission. 2. A member of the Vero Beach City Council. 3. The president or senior officer of a commercial bank. 4. The president or senior officer of a savings and loan association. 5. A member of the Associated General Contractors. 6. The general manager of Piper Aircraft Company. 7. The president of the Chamber of Commerce. 8. The president of the Board of Realtors. The initial appointees to the TASK FORCE COMMITTEE FOR LOW COST HOUSING representing the Vero Beach City Council and the Indian River County Commission shall meet within ten (10) days after their appointment and select additional appointments to fully constitute the COMMITTEE for recommenda- tion to the City Council and for the setting of an organiza- tional meeting. ADOPTED this 9th day of October 1974. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Z&20 Alma Lee Loy, Chair Attest: / Clerk IFA2 CT 9 1974 Qa�ix - 1 fAGE 22 I ki COMMISSIONER DRITENBAS LEFT THE MEETING AT 9:15 O'CLOCK A.M. STEVE HENDERSON, ATTORNEY AND LEONARD HATALA DEVELOPER OF HATALA SUBDIVISION APPEARED REQUESTING THE BOARD'S APPROVAL OF AN EXTENSION OF TIME ON THEIR SITE PLAN. TENTATIVE SITE PLAN APPROVAL WAS GRANTED BY THE BOARD ON OCTOBER 10, 1973.'' ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF SITE PLAN APPROVAL OF ONE YEAR AS REQUESTED BY MR. HENDERSON AND MR. HATALA. AT THE SEPTEMBER 25, 1974 BOARD MEETING, .JOHN GLICKMAN INQUIRED AS TO THE PROCEDURE USED TO BID ON A COUNTY OWNED LOT IN FELLSMERE. HE SENT A CHECK FOR $250.00 TO COVER HIS BID ON THE LOT AT $225.00 AND $25.00 FOR ADVERTISING AND HANDLING. THE COUNTY ADMINISTRATOR STATED THAT HE INVESTIGATED THE LOCATION OF THIS LOT WHICH IS IN SEBASTIAN GROVE ESTATES, BLOCK 1, LOT 13 AND FOUND IT TO BE A VERY HIGH LOT. COMMISSIONER DRITENBAS RETURNED TO THE MEETING AT 9:25 O`CLOCK A.M. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO NOTIFY MR. GLICKMANJHAT THE BOARD IS NOT INTERESTED IN SELLING LOT 13 WITHOUT SELLING LOTS 12 AND 14 AND IF HE IS INTERESTED IN BIDDING ON THESE THREE LOTS WE WOULD ENTERTAIN SOME CONSIDERATION OF HIS REQUEST; A MINIMUM AMOUNT TO BE CONSIDERED WOULD BE THE ASSESSED VALUE OF $1,290.00 PER LOT, THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: a 24— a�o-i eac 23 0 0 0 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE' OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertise - ment, being a In the matter of _lam the Court, was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper.�Q Sworn to and subscribed before me this __��jj 'S_____,r._day f -_f% P�'A.D. /�_ (Clerk of the Circu/court, Indian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com- missioners of Indian River County, Florida, will receive sealed bids to the hour of 9:30 A.M. Wednesday, October 9, 1974, for the following: Item: One new Model 1974 or 1975 Pick -Up Truck with Four Wheel Drive Instruction to bidders, specifications and bidding forms are available at the office of the County Administrator, Room 115, Court House, Vero Beach, Florida, or will be mailed on request. Board of County Commissioners of Indian River County, Florida By: Alma Lee Loy Chairman Sept. 15, 19, 1974. s THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: INDIAN RIVER FARMS SUPPLY CO. $4,400.00 ARNOLD FORD -SALES, INC. 3,922,00 6 CYCLINDER — 60 DAYS DELIVERY ALTERNATE BID 4,222.00 S CYCLINDER — ONE DAY DELIVERY ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COM— MISSIONER. BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED REFERRING THESE BIDS TO THE COUNTY ADMINISTRATOR FOR HIS.EVALUATION AND RECOMMENDATION. MARVIN CARTER, SURVEYOR .APPEARED REQUESTING TENTATIVE APPROVAL OF BANYAN ACRES DEVELOPMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED TENATIVE APPROVAL TO BANYAN ACRES DEVELOPMENT SUBJECT TO THE DELETION OF THE WORD "PUBLIC" IN THE "UTILITY EASEMENT" WORDING ON THE PLAT, GEORGE REMER AND MILTON HOUSE DEVELOPERS OF EL VERO VILLA T 9197 eo 1 rauE 24 T 91974 I� SUBDIVISION APPEARED REQUESTING THE BOARDS APPROVAL TO RELOCATE A DRAINAGE DITCH THAT IS LOCATED DOWN THE CENTER OF 54TH AVENUE BETWEEN 20TH STREET AND 22ND STREET THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT THIS.IS A COUNTY ROAD IN A RECORDED SUBDIVISION WITH THE*DRAINAGE DITCH RUNNING DOWN THE MIDDLE OF THE ROAD BECAUSE THE COUNTY DID NOT OWN ANY MORE RIGHT-OF-WAY. MR. REMER AND MR. HOUSE HAVE AGREED TO DEDICATE 20 FOOT EASEMENTS ON THE EAST AND WEST SIDE OF THIS ROAD AND TO PAVE THIS ROAD, IF THE BOARD APPROVES. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED FILLING IN THE DRAINAGE DITCH ON 54TH AVENUE BETWEEN 20TH ST. AND 22ND ST. AND THE 2O FOOT EASEMENTS ON THE EAST AND WEST SIDE OF 54TH AVENUE BE DEDICATED AND DEEDED TO THE COUNTY, AS REQUESTED BY GEORGE REMER AND MILTON HOUSE DEVELOPERS OF EL VERO VILLA SUBDIVISION. THE BOARD DISCUSSED DISTRIBUTION AND SELLING OF THE NEW INDIAN RIVER COUNTY SPECIAL ACTS AND COUNTY ORDINANCE BOOK. THE BOARD INSTRUCTED ATTORNEY BURCH TO PREPARE A LIST OF WHO SHOULD RECEIVE A COPY OF THIS BOOK AND TO PREPARE AN ORDINANCE REPEALING ALL SPECIAL ACTS NOT INCLUDED IN THIS BOOK AND ANY THAT ARE IN IT THAT ARE NO LONGER USED. THE COUNTY ADMINISTRATOR STATED THAT HE RECEIVED A LETTER FROM FRANK ZORC, VICE PRESIDENT OF ST. FRANCIS MANOR APARTMENTS REQUESTING THE USE OF A COUNTY OWNED DRAGLINE TO CLEAR THE WEED GROWTH AT THE WATERS EDGE ON THE WEST BANK OF THE SMALL POND OF WATER AT ST. FRANCIS MANOR APARTMENTS. ATTORNEY BURCH STATED THAT THIS WOULD BE IN CONFLICT TO COUNTY CRITERIA - PUTTING COUNTY EQUIPMENT ON PRIVATE PROPERTY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY DENIED THE REQUEST OF FRANK ZORC, ST. FRANCIS MANOR APARTMENTS AND THAT A LETTER EXPLAINING WHY IT WOULD NOT BE PROPER FOR US TO PROVIDE THAT SERVICE BE SENT, THE BOARD DISCUSSED A LETTER FROM F.T. FRANKENBERGER, ATTORNEY TO THE CITY OF VERO BEACH CITY COUNCIL REGARDING THE COUNTY PASSING A RESOLUTION CLAIMING ALL BEACHES AS A DISASTER AREA AFTER THE STORM OF OCTOBER 5TH AND 6TH, 1974. -26- - 21 r'AGE 25 THE COUNTY ADMINISTRATOR STATED THAT HE DID A SURVEY OF THE BEACHES AND REPORTED THAT THE BEACHES LOCATED IN THE_CITY HAD THE MOST DAMAGE. CHAIRMAN Loy INFORMED THE BOARD OF A LETTER FROM J.T.-CARLTON STATING THAT THE GOVERNOR AND CABINET WILL CONSIDER ESTABLISHMENT OF THE COASTAL CONSTRUCTION SETBACK LINE FOR THE INDIAN RIVER COUNTY SHORELINE AT THEIR OCTOBER 15, 1974 MEETING. MR. CARLTON WAS APPOINTED AS HEARING OFFICER BY THE DIRECTOR OF THE ' a DIVISION OF MARINE RESOURCES OF THE DEPARTMENT OF NATURAL RESOURCES AND HAS PREPARED A REPORT RECOMMENDING THE LOCATION OF .THE COASTAL CONSTRUCTION SETBACK LINE. DEAN LUETHJE, ENGINEER, REPRESENTING BREEZY VILLAGE MOBILE HOME PARK APPEARED AGAIN TO DISCUSS THE PAVING OF VICKERS ROAD BY THE DEVELOPER AND THE SIGNALIZING OF THE RAILROAD CROSSING KNOWN AS, "HALES CROSSING". THIS SUBJECT HAD BEEN PREVIOUSLY DISCUSSED BY THE BOARD AT THEIR SEPTEMBER 19TH AND OCTOBER 10TH, 1973 MEETINGS AND ALSO AT THEIR SEPTEMBER 11TH AND 25TH, 1974 MEETINGS. MR. LUETHJE STATED THAT ON EITHER SIDE OF VICKERS ROAD, PROPERTY OWNERS HAVE DEDICATED RIGHT—OF—WAY TO ALLOW A ROAD TO BE CONSTRUCTED IN ACCORDANCE WITH COUNTY SPECIFICATIONS FROM U.S. HIGHWAY 1 TO SAN SOUCI MOBILE HOME PARK, MR. LUETHJE PRESENTED AN AGREEMENT FROM MR.EDWARD KARR, DEVELOPER OF BREEZY VILLAGE STATING THAT HE WILL ALSO PAVE THE ROAD RUNNING NORTH AND SOUTH ALONG THE WEST SIDE OF HIS PROPERTY AT NO EXPENSE TO THE COUNTY, MR, LUETHJE AGAIN EXPLAINED HIS REQUEST TO THE BOARD THAT VICKERS ROAD RUNNING EAST AND WEST FROM U.S. 1 TO SAN SOUCI MOBILE HOME PARK WILL BE ' GRADED AND CONSTRUCTED BY COUNTY FORCES; THE COUNTY WILL ACCEPT THIS ROAD AND TAKE OVER THE MAINTENANCE OF IT WHICH WILL MAKE IT A PUBLIC ROAD. MR. KARR WILL THEN PAY THE COUNTY THE COST OF CONSTRUCTING VICKERS ROAD. THE BOARD THEN DISCUSSED THE DANGEROUS PRIVATE RAILROAD CROSSING AT VICKERS ROAD KNOWN AS `HALES CROSSING". ATTORNEY BURCH STATED THAT IF THE COUNTY ACCEPTS THE DEDICATION OF VICKERS ROAD, HALES CROSSING WILL BECOME A PUBLIC RAILROAD CROSSING AND THE FLORIDA EAST COAST RAILROAD WILL MAINTAIN IT, BUT THEY WILL NOT INSTALL ANY PROTECTIVE DEVICES — THAT WILL BE THE RESPONSIBILITY OF THE COUNTY. THERE ARE NO REQUIREMENTS ESTABLISHED BY THE RAILROAD WHICH STATE THEY MUST PUT IN SAFETY DEVICES. -27- 9 27- 9 19 �06 71 PAGE 26 VAL BRENNAN, PLANNING DIRECTOR INFORMED THE BOARD THAT THE PLANNING DEPARTMENT .IS PARTIALLY RESPONSIBLE FOR THIS CONDITION, AND THAT THIS WOULD NOT HAPPEN AGAIN. HE STATED THAT, IN THE FUTURE, IF THIS SITUATION ARISES, THE DEVELOPER SHALL BE RE- QUIRED TO PROVIDE THE ROAD AND THE SAFETY PRECAUTIONS BECAUSE THE PROBLEM IS BEING CAUSED BY THE DEVELOPER AND NOT THE COMMUNITY. THE FOLLOWING PROPERTY OWNERS EFFECTED BY THE PAVING OF VICKERS ROAD AND THE RAILROAD CROSSING WERE PRESENT FOR THIS DISCUSSION: J. VINCENT SPARKS - OWNER OF SAN SOUCI MOBILE HOME PARK WHICH IS LOCATED WEST OF BREEZY VILLAGE MOBILE HOME PARK DON VICKERS - GROVE OWNER R. PAT DORAN - GROVER OWNER EDWARD KARR - OWNER OF BREEZY VILLAGE MOBILE HOME PARK ATTORNEY BURCH STATED THAT HE HAD A CONFLICT OF INTEREST REGARDING BREEZY VILLAGE MOBILE HOME PARK AS HIS PARTNER IN HIS LAW FIRM IS REPRESENTING THEM. AFTER MUCH DISCUSSION A MOTION WAS MADE BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, TO OBTAIN ALL FIGURES AND COSTS THAT WE WOULD WANT TO HAVE TO PREPARE AN AGREEMENT RE- FLECTING THAT THE COUNTY COMMISSIONERS AND THE OWNERS OF THIS PROPERTY WOULD SHARE IN THE EXPENSE OF PAVING VICKERS ROAD, AS INDICATED ON THE PROPOSED PLAT, AND INSTALLING SIGNALS AT THE RAILROAD CROSSING;. AND THE COUNTY TO ACCEPT THE MAINTENANCE OF VICKERS ROAD ONCE IT HAS BEEN PAVED, DISCUSSION FOLLOWED AND COMMISSIONER DRITENBAS STATED THAT HE WOULD BE IN FAVOR OF PAYING ONE-HALF THE COST TO INSTALL SIGNALS AT THIS CROSSING, BUT WOULD NOT BE IN FAVOR OF PAYING ONE-HALF THE COST TO CONSTRUCT VICKERS ROAD. COMMISSIONER MASSEY STATED THAT MR. KARR HAS AGREED TO PAVE VICKERS ROAD AND HE FEELS THE COUNTY SHOULD ACCEPT THAT ROAD FOR MAINTENANCE AFTER IS IT COMPLETED AND AS FAR AS SIGNALIZING THE RAILROAD CROSSING, HE STATED THAT RUMBLE STRIPS COULD BE IN- STALLED TO ALERT DRIVERS AT THIS TIME AND SOME YEARS FROM NOW, IF IT IS NEEDED, SIGNALIZING THE CROSSING CAN AGAIN BE DISCUSSED. 27 s 'h THE ORIGINAL MOTION MADE BY COMMISSIONER BOGOSIAN, AND SECONDED BY COMMISSIONER SIEBERT WAS WITHDRAWN. A MOTION WAS MADE BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SI"EBERT, THAT THE COUNTY AGREE TO ACCEPT VICKERS ROAD aF THE DEVELOPER AGREES TO PAY ONE—HALF THE COST OF PAVING THIS ROAD AND ONE—HALF THE COST TO SIGNALIZE THIS RAILROAD CROSSING; AND AND AGREEMENT BE DRAFTED BETWEEN THE COUNTY AND THE DEVELOPER OF BREEZY VILLAGE MOBILE'HOME PARK ON THESE TERMS. MR. EDWARD KARR, DEVELOPER OF BREEZY VILLAGE MOBILE HOME PARK AGREED TO THESE TERMS, THE CHAIRMAN CALLED FOR THE MOTION. COMMISSIONER DRITENBAS AND COMMISSIONER MASSEY VOTED IN OPPOSITION TO THE MOTION; COMMISSIONER $IEBERT, COMMISSIONER BOGOSIAN AND CHAIRMAN Loy VOTED IN FAVOR OF THE MOTION AND THE MOTION WAS CARRIED. THE BOARD THEN ADJOURNED AT 12:25 O'CLOCK P.M. AND RE— CONVENED AT 2:00 O'CLOCK P.M. �, PAGE t . _ T 91974 Eoax r, Y ~ 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 NOTICE -NOTICE IS HEREBY GIVEN Vero Beach, Indian River County, Florida that the oard of miissionersof Indian River County, ' Florida, will hold a public hearing on October 9, 1974, at 11:00 A.M. COUNTY OF INDIAN RIVER: STATE OF FLORIDA o'clock in the Indian River County Courthouse for the purpose of considering adoption of the Before the undersigned authority personally appeared J. J. Schumann, who on oath following proposed ordinances: says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper MININGAND EXCAVATION published at Vero Beach in Indian River Cdunty, Florida; that the attached copy of advertise - An Ordinance amending In- dian River County Ordinance No. 71.3, providing for Mining ment, being a __ _ -- -- and Excavation Permits, providing definitions, -intent, permitted uses, zoning _ In the matter of classifications, conditions, - review by the Indian River County Zoning Commission, filing fees, bond, Progress 1lGCL.[JL.aGl�7 CXCi reports and an effective date. SITE PLAN APPROVAL In the Court, was pub- An Ordinance amending In- dian River County Ordinance q / lished in said newspaper in the issues of �� 1 }-1 No. 71.3, Section 23, by adding Paragraph K to provide zoning department inspection and . approval of completed site plans and providing an ef. fective date. SITE PLAN APPROVAL Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore An Ordinance amending In - been continuously published in said Indian River County, Florida, weekly and has been entered dian River County Ordinance No. 71-3, Section 23 A by as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida changing the word •ten•' to m" to fora period of one year next preceeding the first publication of the attached copy of adver- pe y p g twenty" and providing an tisement; and affiant further says that he has neither paid nor promised any person, firm or effective date. ' corporation any discount, rebate, commission or refund for the purpose of securing this adver- Full texts of the proposed or- tisement for publication in the said newspaper, dinances may be obtained at the ' - Sworn before this �-__ day of—_ A.D.-.674( Clerk of the Circuit Court's office. Board of County Commissioners to and subscribed me - Indian River County Florida — —� By: Alma Lee Loy (Business Ma er • Chairman Sept. 19, 1974. (Clet of the Cir Court, Indian River County, Florida) (SEAIJ THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. VAL BRENNAN, PLANNING DIRECTOR WAS PRESENT AND MADE A PRESENTATION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 74-16 WHICH AMENDS INDIAN RIVER COUNTY ZONING ORDINANCE 71-3, SECTION 25, BY ADDING SUB—PARAGRAPH (R) °MINING AND EXCAVATION". -3p- B00�' 21 PAGE 2 INDIAN RIVER COUNTY ORDINANCE No. 74- 16 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3, SECTION 25, GENERAL PROVI- SIONS , BY ADDING SUB -PARAGRAPH (R) "MINING AND EXCAVATION". BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 71-3, Section 25, is hereby amended by adding the following sub -paragraph "(R)": . SECTION 25. GENERAL PROVISIONS (R) Mining and Excavation (1) Definition For the purpose of this Ordinance, Sand Mining shall mean the digging, stripping or removal by any process of natural materials br. deposits from their natural state and location, said materials and deposits to include rock, stone, minerals, shell, sand, marl, muck, and soil, but not including sod. Sand mining as used herein shall not include digging for foundations, fences, structures or incidental to construction work, wherein no materials are removed from the premises, except surplus not required for backfill or grading of the premises. Mining shall be further defined to include oil and/or natural gas drilling or excavation. (2) Intent The process of hydraulic mining lends itself to an operation that need have little effect or no adverse effect on ecological environmental or pollution characteristics. The following is criteria to be considered in mining or excavation activities as defined under the Indian River County Ordinance 71-3. (a) Sand mining, conducted in conformance with this Ordinance, lends itself to virtually 10016 recirculation of water and does not contribute to either air or water pollution. Sand mining need not have any adverse effect on adjoining properties. (b) Sand mining is a temporary use with no adverse long range effect on the ultimate utilization of the land for normal purposes. (c) Sand mining conducted in accordance with a pre- determined plan, lends itself to the enhancement of land values; to total reclamation of the land; *o significant contribution to water conservation and storage without undue economic burden on the operator. (d) Public policy of Indian River County shall be that sand mining be conducted in a proper manner that will best contribute to long range public benefit within the reasonable limits of economic feasibility as a normal cost of doing business in the industry. (e) Indian River County shall promote the maximum Ultimate environmental, aesthetic and economic values that can be produced at any given site. BOOK'Au� 30 3 T 9 1974 (f) The promotion of increased water storage facil- ities, such as lakes and connecting canals, that can be and logically are, created in this process; the increased aesthetic quality of such lakes and waterways; the increased development potential; and, the related increase in terms of taxable value; or the increased potential for conservation and/or public recreation areas, are clearly in the public interest and proper concerns for public regula- tions. egula- tions. (3) Permitted Uses Mining and/or excavation involves relatively limited process of product preparation. The following related activities shall be permitted.: (a) The clearing of land and stripping of overburden necessary to reach the deposit. (b) Excavation and/or extraction of the desired aggregate. (c) Washing, grading and stock piling of materials (d) Diking, channel digging and drainage as necessary to store, retain and circulate water and to interconnect mining pits. (e) Related activities serving the above. (4) Areas Boundaries and Zoning Classification These provisions shall apply to Sand Mining Operations, where ever conducted, and shall be considered to be a permitted use in an Agricultural zoning district. (5) Permitting All operators of an existing Sand Mining Operation shall, within 180 days after the effective date of this amendment, file a Mining Site Plan; and any proposed new Sand Mining Operations, after such effective date, shall file a Mining Site Plan prior to any work, for the approval of the Indian River County Zoning Commission. (6) Conditions of a Permit The land surface shall be restored to a condition suitable for development for residential use within 48 months from the time of the original change of the land surface unless a renewal permit is obtained. Mining shall not be carried on within one hundred and fifty (150) feet of the projected R/W line of any existing or pro- posed public road nor within one hundred and fifty (150) feet of the outer perimeter of the land area. The banks of created water areas by mining or excavation shall be sloped at a ratio of 3:1, graded, and dressed up. (7) Provisions for Continuing Operation Nothing herein shall be construed as a requirement that an operator of an existing sand mine shall cease operations until the required Mining Site Plan has been approved, provided the said Mining Site Plan shall be submitted within 180 days and the Zoning Commission finds the submitted plan to be acceptable. h Bou -21 PAGE 1 (8) Review and Findings by the Indian River County Zoning Commission Upon submission of a Mining Site Plan to the Indian River County Zoning Commission, the Zoning Commission shall within 30 days, notify the operator at a meeting of the Zoning Commission, its findings with regard to compliance with these regulations stating the said Commission's approval as submitted; or, stating the Commission's disapproval and setting forth the reasons, specifying the deficiencies that led to disapproval, and setting a reasonable time for correction of such deficiencies. (9) Operating Permits The Indian River County Zoning Commission shall, upon approval of the Mining Site Plan order issuance of an Operating Permit to the operator and such permit shall be issued, within ten (10) days after the determination of compliance by the Zoning Commission. An operating Permit shall authorize the operator to commence sand mining activities in accordance with the Mining Site Plan, as approved. (10) Filing Fees (a) The owner shall be required to file a fee with the application in an amount -to be established by Resolution of the Board of County Commissioners. (b) There shall be an annual renewal fee of twenty-five ($25. 00) dollars to be filed by the owner of said mining operation. The County shall inspect periodically, and at least once per year, the sand mining operation in order to determine the said operation's conformance to the intent of this ordinance. (11) Bond The County Administrator after sufficient review and prior to forwarding the mining site plan to the County Zoning Commission shall determine the amount of bond that will be required. The amount of bond shall be determined on the basis of cost to put the land into safe and useable condition should the owner or his agency(s) not complete the approved operation. (12) Permit Revoked Operating Permits as defined in (9) may be revoked, suspended by the County Administrator' in the event the operators non -comp] i ance with the approved Mining Site Plan upon due notification of reasons for the determination of non-compliance and provision of reasonable opportunity for correction of the deficiency. (13) Effect of Failure to File Annual Progress Report The Operator holding a valid Operating Permit shall file, on or before October 1, or each year, a written report, with the Zoning Commission, reviewing the reclamation progress for the preceeding calendar year and identifying lands expected to be mined and lands planned for reclamation during the current year. OCT 91974 Book 21 w[ -32 a (14) Effect of Failure to File Annual Progress Report Failure to file the required Annual Progress Report shall be grounds for suspension of the Operating Permit, however, an extension of time for filing may be granted by the Zoning Com- mission upon request and for reasonable cause. (15) Applications for Permits . Applications for Permits shall be submitted in accordance with the provisions established by Resolution of the Board of County Commissioners. (16) THIS ORDINANCE SHALL TAKE EFFECT ON November 1, 1974. THE BOARD THEN DISCUSSED AN ORDINANCE AMENDING INDIAN* RIVER COUNTY ORDINANCE N0. 71-3, SECTION 23 BY ADDING PARAGRAPH K TO PROVIDE ZLONING DEPARTMENT INSPECTION AND APPROVAL OF COMPLETED SITE. PLANS, THE BOARD STATED THAT IT WAS THEIR FEELING THAT THIS SHOULD BE THE BUILDING DEPARTMENTS RESPONSIBLE AND NOT THE ZONING 1 DEPARTMENT, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THIS PUBLIC HEARING ON OCTOBER 23, 1974 AND TO REQUEST DONALD ADAMS, BUILDING DIRECTOR TO APPEAR, THE BOARD DISCUSSED AN ORDINANCE AMENDING INDIAN RIVER COUNTY ZONING ORDINANCE 71-3 SECTION 23 A(1) BY CHANGING THE WORDS "TEN DAYS" TO "TWENTY DAYS" ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0, 74-17 AMENDING ORDINANCE 71-3 - SECTION 23A(1) AS ADVERTISED, 74 -'1� Boa— 2 .SAGE 3 F1 INDIAI4 RIVER COUNTY ORDINANCE 74-17 AN ORDINANCE ENTITLED "AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3 SECTION 23 A(1) BY CHANGING THE WORD "ten" TO "twenty" AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That Indian River County Ordinance 71-3, Section 23 A(1) is hereby amended to read as follows: SECTION 23, SITE PLAN APPROVAL A(1). Before such site plan shall be approved, an application for such ap- proval shall be filed with the County Administrator at least 20 days before the meeting at which the Zoning Com- mission considers the application. This Ordinance to become effective the 1st day of November , 1974. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER IIHSSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 74-801 BOOK _ eA PAGE 34 RESOLUTION No. /4=bU__ BE IT RESOLVED BY THE BOARD OF COUNTY COMMrSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That applications for Mining & Excavation Permits and Mining and Excavation Site Plans shall contain the following minimum information - The following information shall be considered necessary to comply with the requirements of an application and shall be attached to the required Site Plan. I. Mining Site Plan Submission The required Mining Site Plan shall be accurately drawn to scale and shall contain at least the following information: 1. Name, address and telephone number of the operator or ' agent. 2. The legal description of the tract, proposed to be included in the mining site and contiguous tracts. 3. For the proposed development, indicate: a. Type of Mining Operation. b. Yearly schedule of operation ' c. Estimated area in acres of land surface mined d. Estimated area in acres of surface mined land reclaimed. e. Proximity of the mining operation to urban areas.. f. What chemical processes, if any, are involved in the mining operation. 4. Describe the condition of the land prior to any mining including: a. The existing uses at the time of application. b. Any previous mining uses of the area. c. Capability of the site prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography and vegetative cover. / 5. What will be the amount of removal or disturbance of solid minerals or overburden? 6 What considerations have been given to insuring the maximum effective recovery of the mineral resource? 7 Will the operation require/or are these plans to intersect or transfer water from one watershed to another? 8. What effect will the proposed mining have on water resource areas? 11 a. Recharge areas. b. Water retention areas c. Withdrawals from ground water and the result. d. Withdrawals from surface water Boor —21 PAGE 3 OCT 9 1974 9. How many cubic yards of material will be removed by dredging and what will be the disposition of the dredged soil? 10. Reclamation: a. What are the plans for reclamation and rehabilitation of the area after completion of each phase of opera- tion? b. Give a time schedule for the completion of all stages or reclamation. 11. Is the developer leasing the land for the mining operation? If so, give every legal owner of the property surface and mineral to be mined. 12. What provisions, if any, have been considered far a program for periodic inspection and maintenance of retaining dikes? After the said Mining Site Plan has been completed by the operator or agent of the said mining or excavation , it shall then be submitted to the Indian River County Administrator's office for review; for the purpose of: making recommendations to the Indian River County.Zoning Commission. This Resolution shall take effect on November 1, 1974. Book ?Aq 36 THE BOARD DISCUSSED A PROPOSED ORDINANCE AMENDING THE INDIAN -RIVER COUNTY ZONING ORDINANCE 71-3 REGARDING THE CONSTRUCTION OF'WALLS AND FENCES. COMMISSIONER DRITENBAS REQUESTED THE FOLLOWING SENTENCE BE INCLUDED IN•THIS ORDINANCE. "FENCES AND WALLS MAY NOT BE CONSTRUCTED ON OR OVER DRAINAGE OR UTILITY EASEMENTS OR PUBLIC RIGHTS-OF-WAY EXCEPT IN AGRICULTURE ZONED AREAS AND THEN ONLY WITH THE CONSENT OF THE AUTHORITY HOLDING THE EASEMENT". ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC HEARING ON NOVEMBER 7, 1974, WITH COMMISSIONER DRITENBAS SENTENCE ADDED TO THE ORDINANCE. CHAIRMAN Loy STATED THAT THE FIRST MEETING IN NOVEMBER WILL BE ON THE SEVENTH, THURSDAY, BECAUSE THE CHAIRMAN AND ONE COMMISSIONER WILL HAVE TO SERVE.ON THE COUNTY CANVASSING BOARD TO COUNT THE ABSENTEE BALLOTS OF THE GENERAL ELECTION.'OF NOVEMBER 5TH, 1974, ON WEDNESDAY. COMMISSIONER SIEBERT REQUESTED DEWEY WALKER, ZONING INSPECTOR �., T 9 1974 TO INVESTIGATE THE CONSTRUCTION SET -BACK OF A HOME BEING BUILT IN SUMMERPLACE. MR. WALKER STATED HE WOULD CHECK THIS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL TO L.S. "TOMMY" THOMAS TO SANFORD, FLORIDA, OCTOBER 21, 1974 AT 7:00 01CLOCK P.M. TO ATTEND A MEETING REGARDING OBTAINING FUNDS FOR THE 911 EMERGENCY PHONE NUMBER SYSTEM. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 74-81 0 IN -38- BDOK + 21 PAGE 37 r RESOLUTION No. 74- St »-� WHEREAS, INDIAN RIVER COUNTY, FLORIDA, and the CITY OF VERO BEACH, FLORIDA, purchased Lot 4, Block 1, Pelican Cove II ' -Subdivision for use as a public park, and WHEREAS, said purchase was closed on February 26, 1974, and WHEREAS, Florida law provides that the Board of County Commis- sioners may waive all ad valorem taxes due following the closing of the transaction, NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That all ad valorem taxes due on Lot 4, Block 1, Pelican Cove II Subdivision due after, February 25, 1974, are hereby waived and shall not be paid. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Chairman ATTEST: Clerk T 9�1Book— nu 38 m - ATTORNEY BURCH INFORMED THE BOARD OF A LETTER FROM V.K. OWENS REALTY WITH THEIR CHECK FOR $275.00 WHICH INCLUDES THE $25.00 FOR ADVERTISING AND THEIR BID FOR A COUNTY OWNED LOT IN FELLSMERE, LOT 6, BLOCK 104. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY REFERRED THIS BID FROM V.K. OWENS REALTY TO THE COUNTY ADMINISTRATOR FOR HIS RECOMMENDATIONS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC HEARING REGARDING THE DUTIES OF THE COUNTY ADMINISTRATOR AS SET FORTH IN FLORIDA STATUTE 74-193. ATTORNEY BURCH INFORMED THE BOARD THAT HE HAS PREPARED A "CONTRACT FOR DEED" FOR THE GIFFORD JAYCEES REGARDING THE PURCHASE OF A COUNTY OWNED BUILDING LOCATED IN GIFFORD IN THE AMOUNT OF $1,200.00 WITH PAYMENT"SET _AT -,$25.00- PER=MONTH. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THIS CONTRACT FOR DEED, BETWEEN THE COUNTY AND THE GIFFORD .JAYCEES. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COM- MISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF BERGGREN EQUIPMENT INC., FORT PIERCE FOR A HERBICIDE SPRAYER WITH A STAINLESS STEEL TANK AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS IN THE AMOUNT OF $1,035.33. THE COUNTY ADMINISTRATOR STATED THAT HE HAD CONTACTED INDIAN RIVER FARMS SUPPLY REGARDING A HERBICIDE SPRAYER AND THEY INFORMED HIM THAT THEY DO NOT HANDLE THIS TYPE OF SPRAYER. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE FOLLOWING BIDS FOR THE ANNUAL MATERIALS FOR 1974-75 AS BEING THE LOWEST AND BEST BIDS MEETING SPECIFICATIONS. r,.! .y -40- eook - 21 PAGE 39 i TO: Board of County Commiszioners October 9, 1974 a a CT 9 1974 8009- 21 rAU 40 Recommended Award of Bids - Annual Requirements for Material 1974-1975 Bid Itam No. Material Lowest or Best Bid 1 Type II Asphaltic Concrete No bids Surface Coarse Material 2. Hauling, Spreading and No bids (See below) Furnishing Asphaltic Concrete 3. Piling - 12 lb. pressure The Longdale Co. treated creasoted so.pine Valdosta, Ga. 4. Lumber, 12 lb. pressure Koppers Co. Inc. treated creasoted so. pine Gainsviile, Fla. 5: Limerock-pit run Dixie Lime & Stone Co. Miami oolite or Naranga Ocala, Florida type. 6. Asphalt coated galvanized Southern Culvert steel corrugated pipe for Pinellas Park, Fla. culverts 7. Aluminum Pipe for culverts Southern Culvert Pinellas Park, Fla. 8. "O" Ring Concrete Pipe Carns Concrete Pipe Co. Orlando, Fla. 9. Petroleum Products Cancel.bid of Hi -Test gasoline Treasure Coast Oil Co. , No Lead gasoline and sign consumer Diesel Fuel agreement with Oil Standard Oil Co. Tampa, Fla. e 10. Ready Mixed Concrete Rinker Materials Corp. Vero Beach, Fla. Item 2 After the bid opening, Dickerson Inc. presented a proposal contract including escalation of prices. It is recommended that this proposal be accepted, with a cancellation clause, effective in 30 days for both parties. CT 9 1974 8009- 21 rAU 40 7 r Board of County Commissioners - 2 o October 9, 1974 Bid Item No. Material Lowest or Rest F3,id 11, Six Inch Depth Pan American Eng.Co. Soil Cement Vero Beach, Fla. 12. Liquid Asphalt Mariani Asphalt Co. .Tampa, Vlorida 13. Limerock e 6"Depth. Pan American Eng. Co.. Vero Beach, Fla. 14. Mixed in•Place Pan American Eng. Co. 6" Base Vero Beach, Fla. 15. Signs - Stop Municipal Signs an*dL.. St;eet & Miscellaneous Supply Co. Naples, Florida ck G. Jen ounty Admi trator a u"'T 91974 0 B00� 21 PAGE U a ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL CONTRACT INCLUDING ESCALATION OF PRICES FROM DICKERSON, INCORPORATED, WITH A CANCELLATION CLAUSE EFFECTIVE IN 30 DAYS FOR BOTH PARTIES. THE BOARD AGREED THAT THE CONTRACT PROPOSAL BE MADE A PART OF THESE MINUTES. ✓��t�ra� ��o�ol`yccrfnt'd October 4, 1974 Mr. Jack Jennings County Administrator Indian River County County Courthouse, Suite 114 Vero Beach, Florida 32960 Reference: Annual Bid Indian River County Paving Program Dear Mr. Jennings: We are enclosing herewith a bid for your annual requirements for Type II Asphalt furnished at our plant and also a price for furnishing and laying the material. We are proposing a pay adjustment clause based on the price adjustment system that the Department of Transportation uses at this time, of which I am enclosing a copy of their price adjustment format. The Department of Transportation payment adjustment is based on the payment for the bituminous material per gallon as a separate pay item, whereas you pay for your material including ' the liquid used. To arrive at a price per ton adjustment, you can use the change in price per gallon per the index system multiplied by seventeen (17) gallons per ton per mix, to give the increase or decrease per ton. There would be no adjustment made on the fuel prices. This would be done in a manner similar to our June 26, 1974 letter. We regret that we did not furnish a bid at the time requested. We had, through an error in our office, misplaced the proposal and did not discover it until after your letting date. We appreciate this opportunity to quote you on this work and we would be glad to discuss any questions you may have on this matter. Very truly yours, DICKERSON, _-�ORPORATED Ted Tyson Executive Vice President TT:ma enc. OCT ' 9 17 Book -43- PJJONC ZB7•fi13Z0 dm• P. O. U1fAWCI4 719 Jeyt�rrc� ���-rc/r�iefors October 4, 1974 Board of County Commissioners Indian River County, Florida Indian River County Courthouse Vero Beach, Florida 32960 Gentlemen: Reference: Letting of September 25, 1974 Bids for Materials ITEM $1 We are pleased to quote the following price for Bid Item Number 1. Approximately 500 tons of Type II Asphaltic Concrete Surface Course Material, F.Q.B. Vero Beach, Florida 500 Tons @ $15.90 - .$ 7,950.00 Very truly yours, DICKERSON, INCORPORATED Ted Tyson Executive Vice President TT:ma 0 800K 21 PAGE 43 PN6N! • �y�lllC�L, ��L61��1,� October 4, 1974 Board of County Commissioners Indian River County, Florida Indian River Courthouse Vero Beach, Florida 32960 Gentlemen: Reference: Letting of September 25, 1974 Bids for Materials ITEM #2 We are pleased to quote the following price for Bid Item Number 2 for furnishing, hauling, spreading by approved mechanical spreader, and finishing approximately 5000 tons of Type II.Asphaltic Concrete Surface Course Material in accordance with Florida State Department of Transportation specifications. , 5000 tons @ $22.50 = $112,500.00 TT:ma Very truly yours, DICKER`SSON, INCORPORATED Ted Tyson -Executive Vice President OCT t 111974 BOOK �, SAGE 44 f OCT t 111974 BOOK �, SAGE 44 014�3-GR PAYMrrIT AD,T►1STMFN1P BITUPITNMIS r1ATERTAL. (4-74 r 0-- q)fll, ARTtCt,F,' :�-". X (Ta!Ie �%�'). 'Plti.a ,,^.ttlrrr? irr�n i.F narrandFri a3 fn l.7orta: The bid unit price£or bituminous Material will be adju.tted to reflect charicles, both increase and decrease, in the Asphalt Index price of bituminous material from that in effect during the month in which bids were received for this contract. The Contractor will not be given the option to reject this cost adjustment of. Bituminous Materials. This adjustment will be made in accordance with the following criteria: (a) Price adjustments will apply only to the price of bituminous material F.O.B. manufacturer's asphalt terminal and will not reflect variations in the cost. of transportation .from the terminal to the job site. (b) Price adjustments will be made for all bituminous material incorporated into asphalt pavement whether paid for under a separate hid item such as Item No. 300-1 or under other items which include the cost of bituminous material. (c) Price adjustments will not be made until the semifinal or final payment is made on the contract. The bid unit price for Bituminous Material will be used in preparing monthly progress payments. (d) No p ice adjustment reflecting any further increases in the cost of bituminous material will be made for any month-a'fter expiration.of the allowable contract time, including any extensions that may be Y granted. (e) The adjusted unit price shall be calculated for the month during which the material was incorporated into the project in accordance with the following formula: Pa = Pb + (Id - Ib) where: Pa = Adjusted unit price for Bituminous Material. (To be calculated separately for each month during which bituminous material is used and will reflect an increased or decreased price). Pb Bid unit price for Bituminous Material. .Id =*Asphalt Price Index during the month in which the material is incorporated into the project. Ib Asphalt Price Index during the month in which bids were received for this contract. (f) The Department will determine the Asphalt Price Index for each month. The Index shall be determined by averaging quotations -,in effect on the first day of the month at all terminals which could reasonably be expected to furnish bituminous material to projects in the State of Florida. (9) A price adjustment will he mule only when the current Asphalt Price Index vnr.ies 1,y i^, or more from the Index that was applicable when hids were received or 5% or more from when the last Previous adjustment was made. • GR -7 3-25-74 5 74 - i OUCT 91974 BOOK -2.1 i'AGE 45 r 4 (rsi If thr :ti: i" '. �cl unit pr re ror. any B i LI'mi 1;011.^. rtaf er. ill item excoe: M da Department of Transportation F4 lori •WALTER L. REVELL REUBIN WD. ASKEW KCRETARY • GOVERNOR Septetber 9, 1974 Mr. P. F. Langford • Contracts office Florida Department of Transportation Tiallahassee, Florida 32304 pat Asphalt Price Index Dear Mr. Langford: The Special provision entitled pavrrent Mjustrrent - Bituminous Material (4-74) (FA 3-20-74) states, 117he- Departirent will determine the Asphalt Price Index for.each each month" and also "The Asphalt Price Index will be available from the Department's Contract Office after the 15th of each month." 11herefore-, the Asphalt Price Index of the various grades of bituminous materials for the first day of Septenber, 1974 are as folio.;s: AC -5 $0.2906 0 AC -20 .2889 RS -2 (Emulsified) 0.2906 IC -70 (Cut-back) 0.3184 IC -250 (Cut-back). 0.3100 very truly yours, P. J. White State Construction Engine= PJW/rh ca; T. E. Drwdy Carlos Stone Carroll Lance/ Archie MontgoVeLYs FhVA t ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE.BOARD UNANIMOUSLY ACCEPTED THE BID OF ARNOLD FORD SALES INC.FOR AN H.CYLINDER.PICKUP TRUCK AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS IN THE AMOUNT OF $4,222.00. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM THE FLORIDA EAST COAST RAILROAD STATING THAT THERE ARE SEVERAL CROSSINGS THAT NEED WORK AND THEY INQUIRED INTO THE COUNTY DOING THE NECESSARY WORK OR THE RAILROAD THE COUNTY ADMINISTRATOR RECOMMENDED THAT THE -RAILROAD DO THE REPAIR WORK NECESSARY AND BILL THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY ACCEPTED THE COUNTY ADMINISTRATOR'S RECOMMENDATION TO HAVE THE RAILROAD DO THE REPAIR WORK ON THE RAILROAD CROSSINGS AND TO BILL THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JACELYN BLOCK, YOUTH COORDINATOR TO INDIAN RIVER COMMUNITY COLLEGE FORT PIERCE ON ALL FUTURE TRIPS TO THE COLLEGE FOR THE PURPOSE OF RECRUITING VOLUNTEERS AND FOR PROGRAM DEVELOPMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE OUT -OF -COUNTY TRAVEL FOR .JACELYN BLOCK, TO INDIAN RIVER COMMUNITY COLLEGE IN ORDER TO RECRUIT NEW VOLUNTEERS AND FOR PROGRAM DEVELOPMENT ON SEPTEMBER LOTH, 11TH, 17, 19TH AND 26TH, 1974. ON MOTION BY COMMISSIONER MASSEY,, SECONDED BY COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY APPOINTED COMMISSIONER SIEBERT AS PROJECT DIRECTOR . FOR THE YOUTH GUIDANCE PROGRAM. COMMISSIONER DRITENBAS AND CHAIRMAN Loy WILL SERVE ON THE COUNTY CANVASSING BOARD TO COUNT THE ABSENTEE BALLOTS FOR THE GENERAL ELECTION ON NOVEMBER 5, 1974, CHAIRMAN Loy STATED THAT THE BOARD OF TAX ADJUSTMENT WILL START ON OCTOBER LOTH, 1974 AT 3:30 O'CLOCK A.M. THE FOLLOWING LETTER AND REPORT FROM R. DALE PATCHETT, 49- 1974 eoox1,EacE 48 INDIAN RIVER COUNTY'S URBAN FORESTER WERE RECEIVED AND ARE BEING MADE A PART OF THESE MINUTES. O�F ,� 0 9 STATE OF FLORIDA 0 1 FLORIDA DEPARTMENT OF AGRICULTURE E CONSUMER SERVICES DOYLE CONNER, COMMISSIONER # DIVISION OF FORESTRY / COLLINS BUILDING / TALLAHASSEE 32304 October 2, 1974 Miss Alma Lee Loy, Chairman Board of County Commissioners Indian River County Courthouse Vero Beach, FL 32960 Dear Miss Loy: The attached report is in compliance with the Contract between the Division of Forestry and Indian River County. The contract states that an annual report will be submitted by the local Forester to the CoRnty Commission covering the progress of the project. The normal process is for the Forester to come before the Board and give this report. Unfortunately I was out of town during both September meetings and again will be out of town for the first meeting of October. Since the new fiscal year began October 1, I felt that this report should be presented to the Board at one of the aforementioned meetings. I apologize for not being able to accomplish this. I would be more than happy to come before the Board, at your pleasure, to answer any questions which might occur. If the Board deems this not to be necessary, please accept this as my report. I have enjoyed working with the County and I am looking forward to many more years of cooperation. • Respectfully yours, R. Dale Patchett r Urban Forester RDP:dk Enclosure 14 -50- BOOK -21 PuE 49 u a 4 Accomplishments for'the First Year of Urban Forestry In the last year 45% of my time was spent serving Indian River County. The following is an accounting of major projects which I have worked on for the County and a copy of the Long -Range Objectives for this project. Some of these objectives have already been met this past year. The report should be used as a guide and will be changed as needed. Over 400 individual Homeowner Assists 60% Insect & Disease Controls and Identification 10% Tree Identification 10% How to Plant Trees ` 20% Where to Plant Trees and How to Protect Them Public Education 40 News Stories,'in.cludes Radio, T.V. and Newspapers. 30 Programs for Groups -Civic Organizations Approximately 2500 people Environmental Education Curriculum Development - In cooperation with Indian River County School System Advice Developers on Tree Protection & Landscaping County Government Assists „ Consult the City -County Planning Department Hobart Park Study Committee Environmental Study Committee_ Landfill Planting Study - incomplete County Ordinances - Site Preparation (incomplete) Wetlands Protection (incomplete) Dune Protection (complete) Dune Access Study Committee Sebastian Tree Protection Ordinance - incomplete Assist County Administrator on Request Wood Utilization Study - (continuous) RDP:dk 10/4/74 COMMISSIONER MASSEY STATED THAT THE RESIDENTS OF ORCHID ISLE SUBDIVISION HAVE EXPRESS AN INTEREST IN HAVING THE_ COUNTY OWNED ROAD RUNNING THROUGH ORCHID ISLE BEING CONVERTED TO A PRIVATE ROAD. THE BOARD STATED THAT IF ALL THE RESIDENTS SIGN A PETITION TO THIS FACT, IT CAN BE PUT ON THE AGENDA FOR DISCUSSION. THE FOLLOWING RESOLUTION N0. 74-78 HAVING BEEN FULLY SIGNED IS HEREBY BEING MADE A PART OF THESE MINUTES.. -51- BOOK FAGE 50 d rIMU"t Ml RESOLUTION NO. 74-78 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: .s SECTION 1 This Resolution shall be known and may be cited as the "HERITAGE VILLAGE WATER AND SEWER FRANCHISE." SECTION 2 For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the contest, words using the present terms include the future; words in the plural number in- clude the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political subdi- vision of the State of Florida; (b) "Owner" is the Grantee of rights under this fran- chise, that is, HERITAGE VILLAGE OF VERO BEACH, INC. (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Utilities Department; (e) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (f) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Utility" means water or sewer utilities serving sub- divisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and 11 eook 21 PAGE 51 0 easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing con- struction of a.system or who is providing or proposes to pro- vide water or sewer service to the public. SECTION 3 There is hereby granted by the County to the Owner the exclusive franchise, right and privilege to erect, construct, operate and maintain a water and sewer system within the pres- cribed territory as herein provided and for these purposes to , sell water and sewage collection and treatment services within the territory and for these purposes to establish 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 pub- lic places for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following -described boundary lines, to -wit: Tracts 9 and 10, LESS 5 acres, Northeast corner of Tract 9, and LESS the West 10 acres of Tract 10, Section 11, Township 33 South, Range 38 East, Indian River Farms Company Subdivision, as per map or plat thereof as recorded in Plat Book 2 at page 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. The portion of the property described above as "Less 5 acres, NE corner of Tract 9" is described as follows: Commencing at the East 1/4 corner of Section 11, Town- ship 33 South, Range 38 East go North 89004'02" West 466.69 feet; thence South 01 16'49" West 30.00 feet to the point of beginning; thence South 01016149" West 436.69 feet; thence South 89004102" East 426.69 feet; thence North 01016'49" East 436.69 feet; thence North 89004102" West 426.69 feet to the point of beginning. 1-1 -2- 000k 21. PAGE 52 SECTION 5 The Owner shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution or ordinance provide. SECTION 6 It is expressly understood and agreed by and between the Owner and the Cdunty that the Owner shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, -judgment, execution, claim or demand whatsoever resulting from negligences on the part of the Company in the construction.."bperation 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 Owner may be prosecuted directly by such person against the Owner as if no governmental immunity accrued to the County by virtue of the Owner's use of a public place of the County. The County shall notify the Owner promptly after presentation of any claim or demand. SECTION 7 The Owner shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. Additionally, the Owner shall comply with all requirements of the Department of Health and Rehabilitative Services, Division of Health, the Department of Pollution Control, The Indian River County Utilities Department, and appropriate planning agencies relative to construction, design, operation, capacity, main- tenance and expansion. The right is hereby reserved to the -3- Ro0y 21 Pact 5 County to adopt, in addition to the provisions herein con- tained and existing applicable resolutions or laws, such ad- ditional 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 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 per- formed and to make such inspection as it shall find necessary to insure compliance with all governing regulations. Upon the termination of this franchise, the Owner shall grant and de- liver to the County,,upon demand of the County, all of its- facilities, tsfacilities, system, easements and rights appurtenant thereto lying within Indian River County without charge to the County. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event, the Owner agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all of the property, assets and facilities of the Owner without charge used in its services under this franchise. SECTION 8 The Owner shall commence construction of its sanitary sewer treatment and collection system within six (6) months from date, otherwise the franchise created hereby may become void and of no further force and effect at the option of the Board. All the facilities of the Owner shall be constructed only in accordance I, -4- BOOR 21 PAGE .54 with plans and specifications approved by the State Board of Health of the State of Florida and The Indian River County Utilities Department, and the quantity and qualify of sewage treat- ment shall, at all times, be and remain not inferior to the rules, regulations and standards now.or hereafter adopted by the State Board of Health. Whenever it is necessary to shut off or interrupt services for the purposes of making repairs or installa- tions, the Owner,shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unforeseen and immediately necessary, it shall give reason., able notice thereof to.its customers. SECTION 9 (A) The Owner 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 Owner to exercise its rights and perform its obligations under this franchise, and to issue an uninterrupted service to such and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the Paws of the State of Florida and all of the same shall be subject to the approval of the Board. (B) At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before dis- cretionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators -be authorized to determine such discretionary action and such group shall con- sist of: 1. The Board's Consulting Engineer; 2. The Company Engineer; and 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted shall make recommendations to the Board of County Commissioners but such re- commendations are not mandatory. -5- so�K 2�. pact 5�+•. �' X974 y L 0 Any final decision the arbitrators or Board may have, with respect to this franchise, may be appealed to the Circuit Court of Indian River County, Florida by either party. SECTION 10 All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Owner shall be so located in the public places in the County as not to obstruct or interfere with any other uses made of such public places already installed. The Owner shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or. surface of the same would be disturbed. In case of any distur- bance of pavement, sidewalk, driveway, or other surfacing, the Owner shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such public way, the Owner shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Owner shall not locate any of its facilities nor do any construction which would create any ob- structions or conditions which are or may become dangerous to the travelling public. In the event any such public place under or upon which the Owner shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Owner thereto, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Owner, in advance, its costs of removal and relocation of the removed facilities -6a Book 21 WE 56 in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Owner and its facilities. SECTION 11 The Owner shall not, as to rates, charges, services, facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor sub- ject any person•to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and. classified rate schedule to which any consumer coming within such classification would be entitled. SECTION 12 (A)_,._ The Owner shall furnish, supply, install and make available its water and sewer collection and treatment system to any and all persdns within the territory making demand there- for, and shall provide such demanding person with its services and facilities within 90 days from the date of such demand; pro- vided, however, that the Board may, upon application of the Owner, extend the time for providing such service to such demanding person. In the event the Owner fails to provide its services and facilities to any area within the territory within the time provided, then in such event, the County may, by resolution of the Board limit, restrict and confine the territory to that area then being serviced by the Owner or such greater area as the Board shall determine and thereafter the territory shall be the only area set forth, defined and provided by the Board and the provision of this franchise shall not extend beyond the limits of the area so restricted and defined. (B) The Owner shall not be required to furnish, supply, install and make available its water and sewer collection and treatment system to any person within the territory as hereinafter .w -7- BOOK11-41 PacF 57 J set forth, unless the same may be done at such a cost to the Owner as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to b e charged by the Owner for all the services under this franchise, to the end, that such rate will produce to the Owner a sum sufficient to meet all necessary costs of the ser- vices; including a fair rate of return on the net valuation of its property,.- devoted, thereto, under efficient and economical manage- ment. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Owner. SECTION 13 The Owner shall not sell or transfer its plant or -system to another nor transfer any rights under this franchise to another without the approval of the Board and provided, further, that no such sale or transfer after such approval shall be effective until the vendee, assignee -or lessee has filed with the Board an instru- ment in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Owner to the'Board in writing, accompanied by a request from the proposed transferee, which ap- plication shall contain information concerning the financial / status and other qualifications of the proposed transferee and such other information as the Board may require. A public hear- ing 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 - 8- eooK 21 ?AGE 58 CT 9 197 y ,, be continued from time to time as determined by the Board. The Board will, however, approve or disapprove such sale or transfer within ninety (90) days from the date of said public hearing. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. SECTION 14 The rates charged by the Owner for its service hereunder a 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 eff icient'and ' economical management. The Owner agrees that it shall be sub- ject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Owner shall have authority to charge and col- ' lect not to exceed -the following rates: SEWER CHARGE and WATER CHARGE $4.50 per month SEWER HOOK-UP CHARGE NONE WATER HOOK-UP CHARGE NONE Provided, however, that the Owner does not contemplate charging for water or sewers at this time. Company's rates shall, at all times, be subject to the review and approval of Indian River County's Board of County Commissioners and no change may be made by Company on the basis of its rates without first making application therefor and public hearing thereon. SECTION 15 The County shall have access at all reasonable hours to all of the Owner's plans, contracts, engineering data, account- ing, financial, statistical, consumer and service records relating to the property and the operation of the Owner and to all other data -9- BOOK PAGE ' 59 T 9 1914 0 01 - requfired to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION 16 The Owner shall at all times maintain public liability and property damage insurance in such amounts as shall be re- quired from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Owner. The County shall be named as an add'i= tional insured on all such policies of insurance. If any person serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such utility and the Owner, after request is made upon them by the Board, fails to satisfy or remedy such complaints or objections or fails to satisfy the Board that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by the Owner for the services which it furnishes or the nature and character of the service it furnishes or the quality of services furnished. If the Board enters its order pursuant to such a hearing and the Owner feels it is aggrieved by such order, the Owner may seek re- view of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Owner shall promptly comply with the order of the Board. SECTION 17 Should the Owner desire to increase any charges heretofore established and approved by the Board, then the Owner shall notify the Board in writing, setting forth a schedule of rates and I 0 .1 _10- BOOK 21 'PAGE 60 charges which it proposes. A public hearing.shall be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month, nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined'by the Board. The Board will, however, approvg or disapprove said increase in rates within ninety (90) days of said public hearing. If the Board enters order pursuant to said hearing and the Owner or any person feels aggrieved by such order, then the Owner or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 18 Prior to the Owner constructing any of its facilities as herein authorized, the Owner shall make application to and obtain a permit from the Indian River County Utilities Department auth- orizing said construction. The County shall have the right when special circumstances exist to determine the time in which such construction shall be done. SECTION 19 If the Owner fails or refuses to promptly and faatifully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Owner,written notice of such deficiencies or defaults and a reasonable time within which the Owner shall remedy the same, which notice shall specify the deficiency or default. If the Owner fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing con- cerning the same with reasonable notice thereof to the Owner and -11- T 91974 BOOK 2t ?ACE 61 �, 0 i N e after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons therefor are found by the Board. If the Board enters order pursuant to such hearing and the Owner or any other person feels aggrieved by such order, the -utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 20 The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may install or acquire its own sewage collection and treatment system and supplies the same to individual customers at which time, Owner will convey all of its facilities (except for sewer treatment plant and plant site) and easements for location of same as Owner may own, free and clear of all liens or mortgages, to said County without charge; pro- vided, however, that within sixty (60) days from the time of the adoption of this resolution, the Owner shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provide further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SECTION 21 If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and inde- pendent 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 -12- OCT 9 Book 2 1 PAGE 62 .-t T 9 1974 r, executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the Resolution of the Board of County Commissioners adopted.on the 25TH _ day of SEPTEMBER , 1974. COUNTY OF INDIAN RIVER, FLORIDA. �Q L� By / �i2� Alma Lee Loy, as Chair m of the Board of County Commis oners Attest Harris Clerk Signed, sealed and"delivered in the presence of: As both artieV ACCEPTANCE OF FRANCHISE HERITAGE VILLAGE OF VERO BEACH, INC. does hereby accept the foregoing franchise, and for itself and its successors and/or as- signs, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. Dated atVer ach, Indian River County, Florida this 1717 ZZ' day of �Be, 1974. HERITAGE VILLAGE OF VERO BEACH, INC. By Robert A. Peters, President Attest , *arold Ma , retary -13- aoo� . PACE 63 7 0 Signed, sealed and delivered i e presenc of* As to Herit ge,:,I illage of Vero Beach, Inc. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared ROBERT A. PETERS, as President, and Harold W. Mayes, as Secretary, respectively, of Heritage Village of Vero Beach.- Inc. each;Inc. and they acknowledged to and before me that they executed the foregoing instrument for the purposes therein expressed by authority vested in them by said corporation, and that the impression seal affixed hereto is the true seal of the cor- poration. WITNESS my hand and official seal inn the state and county aforesaid this � day of 1974. i APPROVED AS TO FORM: Bq County Attorney c? 0 �Q t' Notary Publid'p- State of Florida at Large. My Commission Expires: �ad�7 7 -14- 2 -1 PAGE 64 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, 2951 - 3072 INCLUSIVE; ROAD AND BRIDGE FUND NOS. 1668 -1743 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 765-779 INCLUSIVE; CAPITAL OUTLAY FUND N0, 166. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS f SO ISSUED FROM THE RESPECTIVE'FUNDS BEING LISTED IN THE SUPPLE- MENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED r AND CARRIED, THE BOARD ADJOURNED AT 4:00 O'CLOCK P.M. ATTEST: 1,9 s CLERK CHAIRMAN L' T 9 19 4 BOOK Ll PAG[ 65