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Home My WebLink About12/4/1974WEDNESDAY, DECEMBER 4, 1974 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, DECEMBER 4, 1974, AT 8;30 O'CLOCK A.M. PRESENT WERE ALMA LEE Loy, CHAIRMAN; EDWARD J. MASSEY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND WILLIAM WODTKE. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, COUNTY COORDINATOR; JACK HOCKMAN AND ELIZABETH FORLANI, DEPUTY CLERKS. PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS CALLED TO ACTIVE DUTY WITH THE AIR NATIONAL GUARD IN PANAMA CITY, FLORIDA AND ' DURING HIS ABSENCE ATTORNEY'S GEORGE G. COLLINS AND RENE VANDEVOORDE SAT IN FOR HIM. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 20, 1974. THERE WERE NONE AND ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 20,.1974, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITITONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 19, 1974. THERE WERE NONE AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COM- MISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 19, 1974. ' ON MOTION BY COMMISISONER SIEBERT, SECONDED BY COMMISaIONER 9 K. MASSEY, THE BOARD•UNANIMOUSLY APPROVED THE FOLLOWING APPOINTMENTS OF DEPUTY SHERIFFS BY SHERIFF SAM T. JOYCE: i�ICHAtD .JOSEPH NOTT JJOHN �AATIN, JR. RHUL ARL S . GIBBONS K. FAFEITA WILBUR D. DAY WAYNE D. FELTHOUSEN WALLACE PHILLIP WILLIAMS RICHARD J. BATISTE RONC..FRETWELL ANNY HAYS QUILEN ENNETH EUGENE WILTON $ OEC 4197. r� BecK 21 PAGA99 4 a L ON MOTION BY COMMISSIONER SIEBERT,,SECONDEDI BY COMMISSIONER MA*SSEY, THE BOARD UNANIMOUSLY APPROVED ISSUING DUPLICATE TAX SALE CERTIFICATES TO: IVERS'ANDERSON - TAX SALE CERTIFICATE IVERs ANDERSON - TAX SALE LERTIFICATE �00: ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR FREDERICK PIERSON, CLIFFORD FERGUSON, HANFORD K. CODD AND HANSEL H. PICKLESIMER FOR PERMITS TO CARRY FIREARMS. INDIAN RIVER COUNTY WELFARE DEPARTMENT REPORT FOR THE MONTH OF NOVEMBER, 1974 WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. L.S. "Tommy" THOMAS DISCUSSED A MEMORANDUM RECEIVED FROM BREVARD COUNTY REQUESTING THIS BOARD TO ADOPT A RESOLUTION SUPPORTING THE CONTINUATION OF FEDERAL REVENUE SHARING IN ITS PRESENT FORM. FEDERAL REVENUE SHARING FACES POTENTIAL DEFEAT IN THE CONGRESS. THIS BOARD IS REQUESTED TO URGE OUR SENATORS AND CONGRESSMEN TO -SUPPORT PASSAGE OF ANY LEGISLATION THAT WILL ENSURE ITS CONTINUATION, MR. THOMAS STATED THAT REVENUE SHARING FUNDS SHOULD NOT BE USED FOR OPERATIONAL -PURPOSES BECAUSE IF FEDERAL REVENUE'. SHARING IS DISCONTINUED THE COUNTY COULD BE IN SERIOUS FINANCIAL DIFFICULTIES, AFTER- DISCUSSION, A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE*BOARD UNANIMOUSLY AGREED TO INSTRUCT THE ATTORNEY TO PREPARE A RESOLUTION, ASKING FOR THE CONTINUATION OF THE FEDERAL REVENUE SHARING PROGRAM ALONG THE LINES THAT WE HAVE IN THE PAST EXPENDED REVENUE SHARING MONEY MR. HOCKMAN INFORMED THE BOARD THAT THE"PLANNED USE REPORT" FOR FEDERAL REVENUE SHARING FUNDS MUST BE FILED BY JUNE 1975, AND THE -"ACTUAL USE REPORT" FILED BY SEPTEMBER 1975, AND THAT HE WILL PREPARE A REPORT ON THE,FEDERAL REVENUE SHARING PROGRAM FOR THE BOARD'S INFORMATION. "C. -2- aou el, mc�20,0; SHERMAN SMITH III, ATTORNEY REPRESENTING MR. HAGER APPEARED AND REQUESTED TENTATIVE APPROVAL OF HAGER HIGHLANDS SUBDIVISION. MR, SMITH STATED THAT THIS IS A PRIVATE ROAD SUBDIVISION, AND THE LOTS ARE JUST UNDER ONE ACRE. THESE LOTS WERE DIVIDED BY METES AND BOUNDS IN 1972 AND WERE DEEDED TO PRIVATE OWNERS PRIOR TO THE REQUIREMENTS BY THE DEPARTMENT OF HEALTH FOR ONE ACRE LOTS. THE COUNTY ADMINISTRATOR HAD NO OBJECTION TO THE BOARD GRANTING TENTATIVE APPROVAL, A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, TO APPROVE THIS PLAT OF HAGER HIGHLANDS SUB- DIVISION FOR TENTATIVE APPROVAL. THE BOARD REQUESTED MORE DISCUSSION. COMMISSIONER SIEBERT STATED THAT THE REAR LOT EASEMENTS ARE ONLY 10 FEET AND THE COUNTY REQUIRES 12 1/2 FEET. MR. SMITH AGREED TO THE 12 1/2 FEET EASEMENTS. COMMISSIONER SCHMUCKER WITHDREW HIS MOTION AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF HAGER HIGHLANDS SUBDIVISION, SUBJECT TO THE REAR LOT EASEMENTS BEING CHANGED FROM 10 FEET TO 12.1/2 FEET. .JACK .JENNINGS, COUNTY ADMINISTRATOR DISCUSSED WITH THE BOARD THE ROAD SITUATION IN THE FELLSMERE WATER MANAGEMENT DISTRICT. THIS WAS PREVIOUSLY DISCUSSED AT THE NOVEMBER 7TH AND 20TH, 1974 MEETINGS TODAY MR. JENNINGS REPORTS THAT HE HAS TRAVELLED THROUGH FELLSMERE AND HAS PREPARED A MAP OF THE ROADS HE FEELS SHOULD BE PAVED. THESE ROADS WOULD BE A MINIMUM SYSTEM OF ARTERIAL ROADS AND THE MAIN ROADS THAT WOULD CIRCULATE TRAFFIC IN THIS AREA. MR. .JENNINGS STATED THAT IT WOULD BE 10.7 MILES OF ROADS, COMMISSIONER SIEBERT STATED THAT HE WOULD BE IN FAVOR OF MAINTAINING THESE ROADS IF ALL THE RECOMMENDATIONS MADE BY THE BOARD AT THE NOVEMBER 7, 1974 MEETING ARE MET BY THE FELLSMERE WATER MANAGEMENT DISTRICT. -3- A �9 BOOK 2l pw gal MR. JENNINGS SUGGESTED THAT PORTIONS OF THE FOLLOWING ROADS BE MAINTAINED BY THE COUNTY. NORTH AND SOUTH ROADS: PARK LATERAL COMMUNITY STREET WILLOW STREET EAST AND WEST ROADS: DITCH S - COMMUNITY STREET TO STATE ROAD 507 DITCH 10 - FROM WILLOW ST. TO STATE ROAD'507 DITCH 12 - FROM WILLOW ST. TO PARK LATERAL DITCH 13 - FROM WILLOW ST. TO PARK LATERAL ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE ABOVE NAMED ROADS PROVIDED THE FOLLOWING STEPS, AS STATED IN THE NOVEMBER 7, 1974 MINUTES, ARE CARRIED OUT BY THE FELLSMERE WATER MANAGEMENT DISTRICT AT THEIR EXPENSE: - 1. CONDUCT SURVEY WORK TO ESTABLISH RIGHTS-OF-WAY. Z. CONTACT ALL PROPERTY OWNERS TO MOVE THEIR FENCES OFF RIGHT-OF- WAY PROPERTY. 3. BE RESPONSIBLE FOR CLEARING RIGHTS-OF-WAY. 4. DEDICATE TO THE COUNTY THE ROADS THE COUNTY IS TO MAINTAIN. 5. THE COUNTY DECIDE WHICH ROADS THEY WANT TO ACCEPT A DEDICATED. EASEMENT ON, THE HOUR OF 9:30 O'CLOCK HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: -4_ :�. 41979 �oo� "21 PAGE 02 r t„ _ g. VERO BEACH PRESS -JOURNAL NOTICE Notitc is ne%I)y given that the Published WeeklyMarquis ,C=ershon, a Fiorida corporation, h. +s filed a Pet,tion with the Board of County Com - Vero Beach, Indian River County, Florida missionersof Trio an River County, Fleriaa, ft J':3 :'"ng said Coard to adopt a Resolution to vacate. abandon, discont'nue and close COUNTY OF INDIAN RIVER: certain put:ic streets and roaas STATE OF FLORIDA described as follows: That certain street known as Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath ° 133rd Avenue, being 70 feet in says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published width, lying South of the North at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being North line of Lot16, Block A, line of Lot of Bock H, and the , and that certain street known as 134th Avenue, being 70 feet — in width, lying South of the North line of Lot 16, Block H, and South of the North line of ; the matter Of�L!iC�( Lot 3, Block J, VERO U TROPICAL GARDENS, Unit 1, according to the plat thereof as retarded in Plat Book 4, page 75, public records of Indian River County, Florida. _.,.in the and to release all express or im- -�, was tom- resulied lt ng dedicatfherefrom ions en and and lted in said n O disclaiming any right of Indian Ils newspaper in the issues of 1L�'!!_�- _•_� `� River County and of the public in ) and to any land In connection therewith except any public utility E __ _ and drainage easements necessary in connection with the said subdivision. Affiant further says that the said Vero Beach Press -Journal is a newspaper published atNone of the foregoing street, roadVero Beach, in said Indian River County, and that the said newspaper has heretofore was acquired for constitutes or been continuous) was acquired for a State or y published in said Indian River County, Florida, weekly and has been entered Federal highway and none is as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida located within the limits of any for a period of one year next preceeding the first publication of the attached copy of adver- incorporated municipality. Nsernent; and affiant further says that he has neither paid nor promised any person, firm or Said Board will hold a public corporation any discount, rebate, commission or refund for the purpose of securing this adver- hearing thereon at 9:30 o'clock tisement for publication in the said newspaper. A.M. on December 4. 1974, in the office of said Board in the Cour- �o� -� 4—Stvom to and subscribed before me this thouse in Indian River County at .__day of._._. � A.D.__!l Vero Beach, Florida. Persons interested may appear and be Pz heard at said time and place. "'-"– . Board of County (Business Manager) Commissioners Indian River County, / Florida By: Aima Lee Loy M ( le rk of the cuit Court, Indian River County, Florida) Chairman (SEAL) .Noy. 14, 1974. .JOHN -H. SUTHERLAND, ATTORNEY APPEARED REPRESENTING THE MARQUIS CORPORATION, OWNERS OF PROPERTY KNOWN AS VERO TROPICAL GARDENS AND REQUESTING THAT CERTAIN STREETS IN THIS SUBDIVISION BE VACATED. MR. SUTHERLAND MADE HIS PRESENTATION. THIS PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE I-95 AND STATE ROAD 60 INTERCHANGE AND MR. SUTHERLAND JS REQUESTING ABANDONMENT OF 133RD AND 134TH AVENUES. THESE ROADS HAVE NEVER BEEN CONSTRUCTED AND ARE ONLY SHOWN ON THE PLAT. THEY ARE ROADS THAT DEAD— END AT STATE ROAD 60. THE BOARD WAS CONCERNED ABOUT INGRESS AND EGRESS TO STATE ROAD 60 IF THIS PARCEL OF LAND IS SOLD BY LOTS AND IT WAS SUGGESTED THAT A 25 FOOT EASEMENT RUNNING PARALLEL WITH STATE ROAD 60, ALONG THE EDGE OF THEIR PROPERTY, BE PLACED ON THE PLAT. MR, SUTHERLAND STATED THAT THIS PROPERTY IS OWNED•BY ONE OWNER AND IT IS ZONED COMMERCIAL AND, IN HIS OPINION, THE OWNER HAS NO INTEREST IN SELLING•THIS PROPERTY BY LOTS. —j— BOOK I PAGE 203 Ll THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. A MOTION WAS MADE BY COMMISSIONER SCHMUCKER TO APPROVE ABANDONMENT OF 133RD AND 134TH AVENUES AS ADVERTISED, SUBJECT TO A 25 FOOT EASEMENT RUNNING PARALLEL WITH STATE ROAD 60 BEING PLACED ON THE PLAT. THE MOTION DIED FOR LACK OF A SECOND. ON MOTION BY COMMISSIONER MASSE Y, SECONDED BY COMMISSIONER $CHMUCKER, COMMISSIONER WODTKE AND CHAIRMAN Loy VOTED IN FAVOR, COM- MISSIONER SIEBERT VOTED IN OPPOSITION, THE BOARD APPROVED THE ABANDONMENT OF RIGHTS OF WAY - 133RD AND 134TH AVENUES IN VERO TROPICAL GARDENS AS ADVERTISED. 21 -6 J 800K _ pAGt u4 RESOLUTION 74- 90 WHEREAS, THE MARQUIS CORPORATION, a Florida corporation, did file a Petition with the Board of County Commissioners of Indian River County, Florida, ,requesting, said Board to adopt a Resolution to vacate, abandon, discontinue and close parts of those certain streets known as 133rd Avenue and 134th Avenue, hereinafter described; and WHEREAS, a public hearing was duly held by said Board on December 4, 1974, pursuant to Notice thereof duly published in the -Vero Beach Press Journal, a newspaper of general circulation in Indian River -County, which said publication was had two weeks prior to the public hearing as xequired by law; and WHEREAS, the Board of County Chas duly considered -the same; - TOW, THEREFORE, BE IT RESOLVED that this Board does find and --determine the following: 1. --That this Board has published a Notice of the hearing on the Petition -of THE MARQUIS CORPORATION, a Florida -corporation, one time in the Nero Beach Press Journal, a newspaper of general -circulation in Indian River County, Florida, said publication being published at least two weeks prior to the time stated thereon for such public hearing. '2. —That the land hereinbelow described -is not -a part of the public woad and street required by the State of Florida, or by the Federal Government -as part of -the State or Federal Highway system and said street as described -hereinbelow is not located within the corporate limits of any municipality and is -located in Indian River County, Florida; and the following .described land is .-not-needed .for street, road, highway or other public pruposes:by Indian River . County. --BE IT FURTHER RESOLVED that the Board of County Commissioners of Indian River County, Florida, for and on behalf of Indian River County, Florida, -1Aw Cee ciOliPl �i SU771ERLAND --VM MACH, FLORIDA _7_ gg�� BOOK 1 YAGE205 _,�4 197.. . does hereby renounce and disclaim any right, title or interest in and to the following described public street or road, to -wit: That certain street known as 133rd Avenue, being 70 feet in width, lying South of the North line of Lot 3 of Block H, and the North line of Lot 16, Block A, and that certain street mown as 134th Avenue, being 70 feet in width, lying South of the North line of Lot 16, Block H, and South of the . North line of Lot 3, Block J, VERO TROPICAL GARDENS, hit 1, according to the plat thereof as recorded in Plat Book 4, -}gage 75, public records of Indian River County, Florida. --and-that the same be and is hereby vacated, abandoned, discontinued and -dosed and that all express or implied dedications thereon and -resulting there- - *vm -are hereby vacated, abandoned, discontinued end closed. BE TT TIMTHER RESOLVED that Notice of the -adoption of this —4tesolution shall be published once in the Vero Beach Press Journal, a news- -paper cf general circulation in Indian River County, and proof of publication -the Notice of public hearing, a certified copy of this Resolution as -adopted --end proof of the publication of the Notice of adoption of such Resolution shall --be vecorded in the -deed records of Indian River County, Florida, -as required by law. W 3-4o 3iereby certify that the above .and foregoing Resolution was duly -adopted by the Board of County Commissioners of Indian River County at its regular meeting on -December 4, , 3974. =RALPH HARRIS As Clerk of the Board of County -Commissioners and Clerk of the -Circuit Court of Indian River County, Florida. -�t+l 140TION BY COMMISSIONER SCHMUCKER, SECONDED BY -COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC TEARING TO ABANDON A PORTION OF 21ST STREET IN VERO BEACH HIGHLAND, UNIT �r AS REQUESTED BY GENERAL DEVELOPMENT CORPORATION. - W�FFICFS -_iaDHNM__1 i T499WD -MW0$EA01, 1MDA ON MOTION BY COMMISSIONER`SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC HEARING TO ABANDON A PORTION OF SUNRISE AVENUE -IN WABASSO MANOR ADDITION, UNIT 1, AS REQUESTED BY LAWRENCE A. BARKETT, ATTORNEY, AND THAT AD- JOINING PROPERTY OWNERS BE SPECIFICALLY NOTIFIED OF THE SCHEDULED PUBLIC HEARINGO, THE BOARD DISCUSSED SETTING A DATE FOR A PUBLIC HEARING ON THE PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE, AND ALL COMMISSIONERS WERE IN FAVOR OF SETTING A DATE FOR A PUBLIC HEARING AFTER THE BOARD HAS A WORKSHOP MEETING.IN ORDER THAT THEIR INPUT COULD BE INCORPORATED INTO THE ORDINANCE PRIOR TO THE PUBLIC HEARING. THE BOARD REQUESTED THE PLANNING DEPARTMENT PREPARE A COMPLETE PACKETT OF ALL -AVAILABLE INFORMATION REGARDING THE PROPOSED P.U.D. ORDINANCE TO BE PRESENTED TO ALL COMMISSIONERS BEFORE THE WORKSHOP SESSION. , MR...JEROME KRAMER, ON THE BOARD OF DIRECTORS OF THE VERO BEACH CIVIC ASSOCIATION ASKED IF THE ASSOCIATION COULD BE INCLUDED IN THE DISCUSSION. THE BOARD AGREED THAT THE PUBLIC WILL BE INVITED TO LISTEN, BUT THIS WORKSHOP IS FOR THE COMMISSIONERS TO REVIEW THIS PROPOSED ORDINANCE. -IT WAS STATED THAT THE BOARD WOULD CONSIDER ANY MATERIAL THAT IS SUBMITTED IN WRITING. THE BOARD TENTATIVELY SCHEDULED THE WORKSHOP SESSION ON DECEMBER 11, 1974 AT 7:30 O'CLOCK P.M. IN THE COUNTY COMMISSION ROOM OF THE COURTHOUSE TO DISCUSS THE PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE. .JEROME KRAMER, A MEMBER OF THE BOARD OF DIRECTORS OF THE VERO BEACH CIVIC ASSOCIATION APPEARED REGARDING A CHARTER STUDY COMMISSIION AND MADE HIS PRESENTATION. HE STATED THAT A PETITION SIGNED BY SEVEN PROPERTY OWNER GROUPS, THE PELICAN ISLAND AUDUBON SOCIETY AND THE VERO BEACH ASSOCIATION HAD BEEN PRESENTED TO THE BOARD REQUESTING THE FORMING OF A CHARTER STUDY COMMISSION. MR. KRAMER STATED THE STUDY COMMISSION SHOULD BE APPOINTED TO INVESTIGATE ALL POSSIBILITIES TO IMPROVE COUNTY GOVERNMENT, NOT JUST A CHARTER OR CONSOLIDATION OF SERVICES. HE CONTINUED THAT WE ARE ON THE THREASHOLD OF POTENTIAL GROWTH AND THE TIME TO LOOK AT THE MOST EFFICIENT WAY TO DEAL WITH THIS IS NOW. m �. Zi 197v- BOOK l PACE 2`07 MR. KRAMER CONTINUED THAT IN FORMING A STUDY COMMITTEE THERE IS A TIME LIMIT TO BE CONSIDERED. FROM THE TIME THE STUDY COMMITTEE IS FORMED, THERE IS A SET TIME OF 18 MONTHS TO PREPARE THIS REPORT AT THE END OF THE IS MONTHS IT WILL BE BROUGHT BEFORE THE VOTERS. MR. KRAMER STATED THAT IF THE STUDY COMMITTEE IS APPOINTED BY MARCH, 1975, THEIR REPORT COULD BE BROUGHT BEFORE THE VOTERS AT THE 1976 GENERAL £LECTION. IF A SPECIAL FLECTION IS -REQUIRED., -17 WOULD BE AN ADDITIONAL COST.. MR. KRAMER SUGGESTED A WORKSHOP SESSION BE SCHEDULED IN .JANUARY 3975 TO CONSIDER ADOPTING A RESOLUTION TO ESTABLISH A CHARTER STUDY 7AMMITTEE. --MR.-aJOHN NEST INFORMED THE BOARD THAT HE RESEARCHED THE -CHARTER FORM OF GOVERNMENT ADOPTED BY..BROWARD COUNTY AT A -COST OF X80;000.00. THIS WAS APPROVED BY THE VOTERS AT THE NOVEMBER 1974 -GENERAL ELECTIONS. -AR. -.Lwx GWATHMEY -INFORMED THE -BOARD THAT THE -STUDY COMMISSION IN -SARASOTA SERVED WITHOUT COMPENSATION. VOLUSIA COUNTY PAID A TOTAL -r:OF $27,000 .FOR THIS STUDY. THE COUNTY FUNDED $20,000.00 -AND THE .CITIZENS FUNDED $7,000.00. MR. GWATHMEY INFORMED THE :BOARD THAT -MARTIN AND COLLIER COUNTIES ARE IN THE VROCESS OF STUDYING THE BENEFITS -DF.A CHARTER GOVERNMENT. ---AR.' l(RAMER -STATED THAT AN AMENDMENT TO CHAPTER 125.61, FLORIDA STATUTES STATES THAT THE BOARD OF COUNTY COMMISSIONERS SHALL -APPOINT MEMBERS TO SERVE ON THE CHARTER STUDY COMMISSION. =.THE BOARD AGREED THAT THIS IS -WORTHY OF THEIR -CONSIDERATION .=AND AFTER THE FIRST OF THE YEAR A_WORKSHOP SESSION WILL -BE SCHEDULED. ATTORNEY GEORGE G. COLLINS LEFT THE MEETING. THE BOARD RECESSED AT 12:05 O'CLOCK P.M..AND RECONVENED AT x;35 O'CLOCK P.M. --ATTORNEY RENE VANDEVOORDE SAT IN FOR ATTORNEY PAUL I). -$URCH . -10- . THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being �_ _ — in the matter of - : — the Court, Was pub- lished in said newspaper in Jthe 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. G Sworn to and subscribed before me this _.__ Al_____day of._ �® ' -- A.D. �_ B sines na rf — (SEAU (Clerk of the ,curt Court, Indian River County, Florida)- NOTICE OF PUBLIC HEARING In Re: Application for Sewer and t Water Franchise. To Whom It May Concern: You are hereby notified that i Whispering Palms Too, a Mobile Home Park, will apply to the Board of County Commissioners of Indian River County, on December 4, 1974, at the hour of 1:30 P.M., in the County Commissioners' Room in the Indian River County Court House, at Vero Beach, Florida, for I a sewerage and water franchise covering the following described property to be embraced by said franchise, to -wit: Description of land requested to be rezoned from CA to R-1TM for Dermal W. Allen, Owner. 1 The Westerly 60.00 feet of and parallel to the F.E.C. RR., of that portion of the South 1/2 of the North 1't of the N.W. 1/4 of the N.E. 1,s of Section 20, Township 31 South, Range 39 East, lying West of U.S. t No. 1 and East of the F.E.C. RR., , containing 0.504 acres of land, I ._together with; The Westerly part, measuring I ' 842.14 feet on the North Line and f 622.42 feet on the South Line, of the North 12 of theNorth I/2 of the N.W. t 14 of the N.E. 114 of Section 20, t Township 31 South, Range 39 East, 1 lying West of U.S. No. l and East of .the F.E.C. RR., containing 6.096 acres of land, together with; The Westerly 72.50 feet, con. I centricand parallel with the - F.E.C. RR., of the South 10.71 acres of that part of Section 20, Township 31 South, Range 39 East, -lying between U.S. No. 1 and the i F.E.C. RR., containing 0.784 acres 1 of land, together with; The Westerly 150.00 feet of the I South 120.00 feet of the land con- veyed to Mae Aker by deeds recorded in Deed Book 60, Page 151 and Deed Book 61, Page 303, Indian i -River County Records, and con I taining 0.414 acres of land. The total acreage of the above described lands is 7.798. Description of Land Requested - to be Rezoned from C-1 to RAMP for Dormal W. Allen, Owner. That part of the South 1/2 of the North 1.2 of the N.W. 1/4 of the N.E. 14 of Section 20, Township 31 South, Range 39 East, lying West of U.S. No. 1 and East of the F.E.C. RR. and also that part of the South 1/2 of the North 112 of the N.E. 1/4 of the N.E, 14 of said Section 20 lying West of U.S. No. 1, less the t AL YANDA ENGINEER, REPRESENTING WHISPERING .Westerly 60.00feet parallel tothe F.E.C. RR., containing 8.016 acres 1 of land, together with; PALMS TOO APPEARED AND MADE HIS PRESENTATION. The Easterly portion, measuring 210.00 feet on the Northerly Line 1 and 430.00 feet on the Southerly l MR. JENNINGS STATED THAT THE APPLICATION Line, ofthat of the North 1poofonofthe th.Noofthe N.E. 1a and the North 1/2 of the FOR A SEWER AND WATER FRANCHISE FOR WHISPERING PALMS 14 of Section T wnshp31South, Range 39 East, lying between U.S. No. 1 and the F.E.C. RR., con - T00 HAS BEEN PROCESSED AND COMPLETED IN ALL RESPECTS taining 2.n424 acres of land, together with; I The South 10.71 Acres of that THERE ARE SOME MINOR CHANGES IN THE WORDING, SUCH part of Section 17, Township 31 South, Range 39 East, lying bet. ween U.S. No. 1 and the F.E.C. AS THE WORD %EWEFf WAS INADVERTENTLY LEFT OUT OF RR.,less theEast 300.00feet ofthe North 40.00 feet of the aforesaid 10.71 acres, less the West 72.50 feet THE FRANCHISE. MR, YANDA WILL HAVE IT RETYPED. parallel with the F.E.C. adjacent thereto, of the aforfor andesaid -- 10.71 acres, containing 9.651 acres MR. YANDA STATED THAT HE HAS A FINANCIAL oftotalacreage of the above described lands is 20.091. Approved for public hearing DISCLOSURE AFFIDAVIT AND ASKED IF ANY OF THE COUNTY Board of County Commissioners, Indian River County, Florida. Date: November 21, 1974. C"ISSIONERS WISHED TO REVIEW IT, THE BOARD AGREED By: -s -Jack G. Jennings The proposed rates are as follows, to -wit: A monthly charge of 55.00 for Water and a monthly charge of $5.00 for Sewerage. This shall be a public sewerage and water system and shall con. tinue in effect until such time as it may be merged and taken into a water and sewerage system operated by a governmental agency and or authority. Dated this 20th day of Novem. ber, 1974. 1 s.Alfred D. Yanda 1 P.E. Engineer of Record Nov. 24, 1974. THAT THEY DID NOT WISH TO SEE IT. -11- MR. YANDA STATED THAT THE BOARD HAa.REQUESTED THAT HE INVESTI- GATE ADVERTISING FOR A PUBLIC HEARING FOR A"SEWER'AND WATER FRANCHISE ON THE ORIGINAL WHISPERING PALMS VILLAGE MOBILE HOME AND WHISPERING - r PALMS T00, BUT HE STATED THAT THE ORIGINAL --PARK WAS GRANDFATHERED IN AND IT COULD NOT BE INCLUDED IN THIS FRANCHISE,_AT_THI.S TIME, BECAUSE f IT DID NOT MEET THE COUNTY FRANCHISE REQUIREMENTS. THE OWNERS OF f F THE PARK AGREED TO APPLY JUST FOR A SEWER AND WATER FRANCHISE FOR E THE NEW SECTION OF THIS PARK. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. A MOTION WAS MADE BY COMM15SIONER SIEBERT, SECONDED f BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED THE SEWER AND WATER FRANCHISE - RESOLUTION N0. 74-91 TO WHISPERING PALMS T00, j AS REQUESTED BY AL YANDA, SUBJECT TO REVIEW AND APPROVAL OF THE COUNTY ATTORNEY. MR. .JENNINGS, COUNTY ADMINISTRATOIr READ A LETTER FROM STATE ATTORNEY ROBERT STONE REQUESTING ADDITIONAL OFFICE SPACE IN THE COURT- HOUSE. AFTER MUCH DISCUSSION A MOTION WAS --MADE BY COMMISSIONER SIEBERT,! SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED THAT THE COUNTY ADMINISTRATOR INFORM MR. STONE THAT THERE IS NO SPACE AVAILABLE IN THE COURTHOUSE -AT THIS TIME, BUT.WE ARE OPEN TO SUGGESTIONS FROM HIM. MR. .JENNINGS INFORMED THE BOARDOFA LETTER FROM .JUDGE GRAHAM W. STIKELETHER, JR. REGUESTING THE COUNTY TO CARPET HIS OFFICES AND ALSO PUT DRAPERIES ON THE FOUR WINDOWS IN HIS OFFICES. COMMISSIONER SCHMUCKER MOVED THAT THE COUNTY CARPET AND PUT DRAPERIES IN JUDGE STIKELETHER'S OFFICE AS PER HIS REQUEST. THIS MOTION DIED FOR LACK OF A SECOND. CHAIRMAN Loy STATED THAT NO MONEY WAS PLANNED IN THE 1974-75 BUDGET FOR THESE ITEMS. THE BOARD AGREED THAT THE COUNTY ADMINISTRATOR EXPLAIN TO .JUDGE STIKELETHER, THAT THE COURTROOMS HOLD A HIGHER PRIORITY FOR CARPETING AND BUDGET WISE NO FUNDS HAVE BEEN BUDGETED FOR SUCH RE- FURBISHING. -12- JOEL KIMREY OF THE UNITED STATES GEOLOGICAL SURVEY APPEARED BEFORE THE BOARD TO DISCUSS THE WATER RESOURCE STUDY - TECHNICAL ANALYSIS REPORT. THIS STUDY BEGAN IN 1969 AND WAS ONLY RECENTLY FINALIZED. MR. KIMREY STATED THAT THE CONDITION OF THE UNDERGROUND WATER AQUIFIERS COULD SUPPORT CONSIDERABLE GROWTH IN THE COUNTY. FOR MANY YEARS AHEAD, IF STEPS ARE TAKEN TO PREVENT POLLUTION OF THE SHALLOW AQUIFIEP. WATER. MR. KIMREY STATED THAT THE SHALLOW AQUIFIER COULD YIELD AS MUCH AS 60 MILLION GALLONS OF WATER PER DAY. STATE ATTORNEY ROBERT STONE APPEARED AND THE BOARD INFORMED HIM THAT THEY HAD ALREADY DISCUSSED HIS REQUEST FOR ADDITIONAL OFFICE SPACE. MR. STONE INFORMED THE BOARD OF THE REASON FOR HIS NEEDING ADDITIONAL OFFICE SPACE AND EXPLAINED THAT THE INCREASE IN CASE LOAD HAS NECESSITATED HIS HIRING A FULL-TIME ASSISTANT STATE ATTORNEY, A SECRETARY AND ANOTHER INVESTIGATOR. MR. STONE STATED THAT HE HAS HIRED NORMAN GREEN AS A FULL-TIME ASSISTANT STATE ATTORNEY. THE BOARD.SUGGESTED TO MR. STONE THAT HE INVESTIGATE RENTAL OFFICE SPACE AND NOTIFY THE COUNTY ADMINISTRATOR OF WHAT HE FINDS. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A THANK YOU LETTER FROM .JIMMY B. WALKER, D.VICTOR KNIGHT AND NANCY L. ZIKE FOR THE PAVING OF 49TH STREET BETWEEN OLD U.S. 1 AND NEW U.S. 1, WHICH THE BOARD APPROVED. THE COUNTY ADMINISTRATOR STATED THAT HE RECEIVED A LETTER FROM D.W.STUBBS, ASSISTANT DISTRICT RIGHT-OF-WAY ADMINISTRATOR REGARDING WHO IS GOING TO HANDLE THE ACQUISITION OF RIGHTS-OF-WAY IN THE INDIAN RIVER BLVD - FROM STATE ROAD 60 TO BARBER AVENUE PROJECT AND THE BARBER AVENUE - FROM STATE ROAD 5 TO INDIAN RIVER PROJECT. IT WAS THE ADMINISTRATOR`S SUGGESTION THAT WE HAVE THE DE- PARTMENT OF TRANSPORTATION HANDLE THIS RIGHTS-OF-WAY ACQUISITION BECAUSE OF THEIR STAFF AND EXPERTISE, WITH THE SUPPORT AND BACK-UP OF THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO HAVE THE DEPARTMENT OF TRANS- PORTATION HANDLE THE ACQUISITION OF RIGHTS-OF-WAY ON PROJECTS -SECTION 88501-1603 (2604) AND SECTION 88511-1601 (2601) AND AUTHORIZED THE ADMINISTRATOR TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF THE BOARDS DECISION. -13- 800x 21 pAGE 211 0 r OEC. 4197� THE ADMINISTRATOR REPORTED TO THE BOARD THE STATUS OF INTER- STATE -95 PROJECT. HE STATED THAT I-95, SOUTH OF STATE ROAD 60 TO THE SOUTH COUNTY LINE HAS BEEN LET ON SEPTEMBER2H,`1973 AND WORK SHOULD BE COMPLETED BY JULY 1975. MR. JENNINGS STATED THAT WORK IS PROCEEDING ON SCHEDULE, HE CONTINUED THAT 3.8 MILES OF I-95 FROM THE SOUTH COUNTY LINE TO INDRIO ROAD HAS NOT BEEN LET AND WILL POSSIBLY BE LET IN JANUARY 1975. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR, JACK JENNINGS AND THE COUNTY CONSULTING ENGINEER JAMES BEINDORF TO MEET WITH OFFICIALS OF THE DEPARTMENT OF POLLUTION CONTROL IN FORT LAUDERDALE, DECEMBER 5, 1974. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM J. RALPH LUNDY, CHAIRMAN OF THE COMMUNITY RECREATION ASSOCIATION OF GIFFORD REQUESTING THE USE OF A COUNTY UTILITY TRAILER TO BE USED AS A FLOAT AT THE 42ND ANNUAL ORANGE BLOSSOM CLASSIC IN MIAMI, DECEMBER 7,1974. THE CHAIRMAN STATED THAT AS MUCH AS WE WOULD LIKE TO PARTICIPATE THERE IS NO LEGAL WAY TO AUTHORIZE ANY GROUP THE USE OF COUNTY EQUIPMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ANSWER THE LETTER IN THE NEGATIVE WITH OUR REGRETS. MR. JENNINGS INFORMED THE BOARD THAT THE APPLICATION FOR FEDERAL ASSISTANCE TO INDIAN RIVER COUNTY FOR THE 201 FACILITIES PLAN HAS BEEN REVISED BY THE FEDERAL GOVERNMENT. THE COUNTY CONSULTING ENGINEERS HAVE MADE THESE SUGGESTED CHANGES AND IT WILL BE RESUBMITTED. THE ADMINISTRATOR INFORMED THE BOARD THAT THIS IS IN CONFORMANCE WITH THE ORIGINAL AGREEMENT AND THAT THERE WILL BE NO ADDITIONAL CHARGE TO THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 74-92 AND REQUESTED THAT THE COURT ORDER FROM THE SUPREME COURT OF FLORIDA BE MADE APART OF THESE MINUTES. -14- BOOK -21 li,-;ErXfw Q Or r RESOLUTION NO. 74-92 Wi3:;R_:AS, this BOARD did issue RESOLUTION No. 74-31 on May 8, 1974, concerning the suspension of the County Judge, and W-11kEAS, the Clerk of the Circuit Court was Auth- orized to receive 1/12 of the County Court's annual budget each month and to pay direct the operating expenses of the County Court, and WHEREAS, the Clerk of the Circuit Court did maintain a.separate accounting ledger showing receipts and expenditures by the Clerk on behalf of the County Court," and WHEREAS, the Clerk did ask Zor, and receive, the ledger and all funds held by the County Judge, and TAIHEREAS, the County Judge has been reinstated effective on or about November 27, 1974. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that upon receipt by the Clerk of the Circuit Court of official notice from the STATE OF FLORIDA of the reinstatement of the County Judge, that all .records be returned to the County Judge and that the Clerk of the Circr.it Court shall be relieved -of his obligation established under RESOLUTION No. 74-31. Be it further resolved that the County Judge resume his requisitions of 1/12 of his budget each month to meet the Courts' expenses as provided by law. December 4, 1974 Attest: T lark BOARD OF COUNTY CO!14'.SSIONFRS OF INDIAN RIVER C TY, FL . DA By Chairman nox 21 PAGE 213 IN THE SUPREME COURT OF FLORIDA JULY. TERM, A. D. 1974 WEDNESDAY, NOVEMBER 27, 1974 IN RE: INQUIRY CONCERNING A JUDGEF No. 73-10 ** ** CASE NO. 45,353 ** 0 RD'ER On November 20, 1974 the Florida Judicial Qualifications r Commission filed its following findings of fact and unanimous recommendation in respect of the above matter: THIS CAUSE came on to be heard before the Florida Judicial Qualifications Commission sitting in Indian River County, Florida, October 28 through November 1, 1974. Respondent Graham W. Stikelether, County Court Judge, was given notice of the hearing pursuant to Rule 11 (a) of the Rules of the Florida Judicial Qualifications Commission (RFJQC), and he appeared in person and with his counsel. The purpose of the hearing was to determine: 1. Whether respondent had willfully or persistently engaged in conduct unbecoming a member of the Judiciary. 2. Whether respondent, while a Judge, engaged ih the practice of law. 3. Whether respondent has a disability that seriously interfers with the performance of his duties as Judge of the County Court of Indian River County, Florida, which is, or is likely to become,.permanent in nature. FINDINGS OF FACT 1. Respondent is 44 years of age and was elected County Court Judge of Indian River County in November.1972. He assumed office January 1, 1973. 2. Sometime during March or May 1973 Philip Thibideau, Director of the DWI Counterattack School in Respondent's area, complained to Chief Justice James C. Adkins that Respondent was not cooperating in the DWI Program and that he had observed respondent treat defendants "less than properly". 3. On June 20, 1973, Chief Justice Adkins directed County Court Judge Gerald Klein to go to.Indian River County, observe Respondent's conduct, and report his findings to the Traffic Review Committee. Judge Klein observed Respondent in Court on June 27, 1973. 4. On October 9, 1973, Circuit Court Judge Benjamin M. Tench, at the request of Chief Justice Adkins, observed 8OOK -21 PAGE21,4 a ev Respondent conduct court in Indian River County. 5. This matter was referred to the Florida Judicial Qualifications Commission. 6. Pursuant to Rule 6 (b) RFJQC, Respondent was given Notice of Investigation on January 25, 1974, and in accordance: with the same Rule he appeared before the Commission for approximately four and one-half hours on the same date. 7. On April 8, 1974, formal proceedings were instituted pursuant to Rule 7, RFJQC, and thereafter, the Florida Supreme Court suspended Respondent pursuant to Rule 8 RFJQC. 8. Excerpts from tape recordings of court sessions over which Respondent presided on April 24, June 6, June 12, June 27, and October 9, 1973, include comments made by Respondent which the Commission finds were rude, intemperate and which constitute conduct unbecoming a member of the judiciary. 9. In 1963, during a period when Respondent was having difficulty sleeping, his family physician prescribed a drug called Doriden. Respondent continued to take Doriden until four days before he had what was described as a "serious seizure" in October, 1973. The evidence before this Commission is that, contrary to promotional claims made in the early 1960's that Doriden was non -addictive, subsequent studies and experttestimony indicate it is. The evidence also indicates that Doriden often causes low tolerance, incoherence, confusion, depression and rambling. Respondent no longer takes Doriden, but is required to take medication daily to prevent seizures and to control hypertension. 10. Based on the evidence before the Commission, including the testimony of Dr. Paul Satts, Ph.'D., and Dr. James L. Mason, M. D., the Commission finds that during most of 1973 through January 25, 1974, Respondent: (a) was going through a transitory period of disfunction, a manic episode or a series of manic episodes - or (b) was a person with an obsessive personality who came under a great deal of emotional strain in early 1973, caused by the impending marriage of his daughter, the pressures of a new, unfamiliar and demanding position plus the cumulative effects of a very "bad drug". In either event, Respondent is apparently in control of his mental facilities and emotions at this time and no serious illness is expected in the future. Both doctors testified there is no evidence of brain damage. 11. Prior to assuming office in January 1973, Respondent turned all of the files from his law practice over to Attorney Kenneth Padgett and Respondent terminated the practice of law. Respondent neither sought nor received compensation for his law practice. Respondent stated he would not sell his former clients. In September 1973, Respondent signed two petitions, prepared by and subsequently filed by Attorney Padgett in two estates. Respondent testified that he was under:the mistaken impression that the Code of Judicial Conduct permitted him to close pending estates within a certain time period. Other evidence supports Respondent's testimony'.' (The Code of Judicial Conduct does permit judges to ronti.nue as executors of pending estates -until September 30, 1975. 2111. 00, 24 21 AL P. 33.) -2- BOOK - 21 PAGE Z15 DEC 4,97# 0 The Commission finds that Respondent erred in signing the two petitions in question as attorney for the Estates of Colborn H. Blake and Janet Watts Engelfried, deceased,but that he neither received nor sought compensation for his acts and that his only interest was to secure court approval for what he had done while he was a practicing attorney and to assist Attorney Padgett, who was closing the estates. CONCLUSION AND RECOMMENDATIONS The Commission concludes from the evidence before it that: 1. The conduct of Respondent in certain judicial proceedings over which he presided was rude, intemperate and constituted conduct unbecoming a member of the judiciary, but.that at the time of the conduct in question Respondent was suffering a medical disability. Since Respondent is apparently in full control of his mental facilities and emotions at this time and since in all likelihood he will enjoy a full recovery, the Commission recommends his suspension be removed and he be returned to his duties as a County Court Judge. 2. Respondent erred in executing petitions as attorney for the Estates above-named, but that, considering all surrounding circumstances, the errors are not of such magnitude that a recommendation of disciplinary action is required. The Commission's recommendation is accepted by the Court and it is ordered that the suspension be removed instanter and the Respondent, Graham W. Stikelether, be and is hereby returned to his duties as County Court Judge. A True TEST:. Sid 0-, White Cl rk 5upreme-Court.' w.. .... ~V. ep J, DEC1974 RECEMED FINANCE DEPT. Vt Y CC: Honorable Sherman N. Smith, Jr. Honorable R. L. Edwards Florida Judicial Qualifications Commission, Tallahassee Honorable Richard T. Earle, Jr. -3- BOOK - 21 PACE 216 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF STATEMENT FROM BENJAMIN WITHERS OF THE RMBR PLANNING/DESIGN GROUP FOR EXPERT TESTIMONEY GIVEN DURING THE EISWELL CORPORATION V. INDIAN RIVER COUNTY LITIGATION, IPJ THE AMOUNT OF $2,440.20. - `'NF -IL CaF3tFFtN tiTEFFRiES`7&_tLOY� ' .� i�..�.-.. - -_� r_ � � CMARiERE$--• _ _ _ _ . - _ e.. -.__..tee. . • - �. _-�.. - _.�� .-fir.- . . RICHARD V. NE1LL PORT PIERCE. FLORIDA 33400 CHESTER 8 -GRIFFIN. W4 -A NORTH 2S STREET MICHAEL JEFFRIES November 25 1974 POST OFFICE aOX 1270 ROOERT N. LLOYD TELEPHONE (305) 4a4 -a200 l � F i Miss Alma Lee Loy Chairwoman, Indian River County Commission Indian River County Courthouse Vero Beach, Florida Dear Miss Loy: _ Enclosed is a statement from Men Withers': planning firm for his _.services in connection with the Indian River County- Eiswill litigation. It is in order and should e be paid. , We will keep you advised of our progress. With best regards. Yours ry truly. chard V. Ne' RVN/hmb Enc. cc: Mr. Burch ,.y L4 197 _') -19- BOOK "21 PAG I2V 9 November 20, 1974 MEMORANDUM* TO: Richard V. Neill Neill, Griffin, Jeffries & Lloyd, Chartered FROM: 'Benjamin Withers 60 The RMBR Planning/Design Group SUBJECT: Eiswil Corporation v. Indian River County STATEMENT Principal time: 48.0 hours @ $30/hr. _ $1,440.00 Project Manager time: 1.5 hours @ $25/hr. = 37.50 Planner time: 28.5 hours @ $20/hr. = 570.00 Graphics preparation time: 11.0 hours @ $15/hr. 165.00 Travel expenses: 227,70 TOTAL FEE $2,440.20 Description of Services: The services performed under this agreement included evaluation of planning documents, conferences•with legal counsel, conduct of a land use survey, preparation of graphic displays, and appearance at the hearing. RECEIVED Nov 2 2 197 616 S�� S'�'R7�3�ET, TB► Pte.. FI.OR.ImA 33606 �iia®a�a�aaia�'V71t1x00s— - 3C)93Vw1d WAEL3r3L4or 1'""" ry J 1. v eoa 21 PAGE �8 ON MOTION E(Y COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR THE COUNTY COMMISSIONERS; COUNTY ATTORNEY AND COUNTY ADMINISTRATOR TO ATTEND THE STATE ASSOCIATION OF COUNTY COMMISSIONERS BI -ANNUAL CONFERENCE, .JANUARY 12TH - 14TH, 1975 IN TALLAHASSEE, FLORIDA. ON MOTION BY COMMISSIONER S.IEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE. BOARD UNANIMOUSLY APPROVED APPOINTMENT OF CHARLES MILFORD TO THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, FLORIDA, AVIATION SYSTEM PLAN TECHNICAL COMMITTEE. THE COUNTY ADMINISTRATOR WILL NOTIFY THE PLANNING COUNCIL OF MR. MILFORD'S APPOINTMENT. COMMISSIONER SCHMUCKER REQUESTED THAT THE DEPARTMENT OF TRANSPORTATION DO A SPEED STUDY AT THE INTERSECTION OF U.S.1 AND 12TH STREET BECAUSE OF THE MANY SERIOUS ACCIDENTS OCCURRING AT THIS INTER- SECTION. COMMISSIONER SCHMUCKER ALSO REQUESTED THAT ON STATE ROAD 60 AT 42ND AND 43RD AVENUES THE TWO TRAFFIC LIGHTS AT THOSE INTERSECTION BE COORDINATED. THE COUNTY ADMINISTRATOR STATED THAT THE U.S.1 AND 12TH STREET INTERSECTION IS UNDER STUDY AT THIS TIME. THE BOARD INSTRUCTED THE COUNTY ADMINISTRATOR TO WRITE THE DEPARTMENT OF TRANSPORTATION TO INCLUDE THE COORDINATION OF TRAFFIC LIGHTS AT 42ND AND 43RD AVENUES IN THEIR STUDY. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE RECEIVED A TELEPHONE CALL FROM MRS. WINGATE, WHO COMPLAINED THAT THE RIGHT-OF- WAY TO A MARL PIT THAT WAS DUG MANY YEARS AGO BY THE COUNTY WAS CLOSED. THIS MARL PIT WAS ON THE HUMANES PROPERTY. MR. .JENNINGS STATED THAT THE COUNTY DID LEASE THIS PROPERTY FOR A MARL PIT. THE COUNTY TOOK OUT THE MARL AND THEN THE PROPERTY WAS REVERTED BACK TO THE ORIGINAL OWNERS. THE OWNER HAS TITLE TO THIS RIGHT-OF-WAY IN QUESTION AND HAS THE LEGAL RIGHT TO CLOSE IT 'OFF. THE COUNTY DID NOT BLOCK THIS RIGHT-OF-WAY. THE BOARD AGREED THAT THIS IS A PROBLEM BETWEEN MRS, WINGATE AND THE PERSON WHO BLOCKED THE RIGHT-OF-WAY AND NOT THE COUNTY. -21- 9 7P 21-97 80ox- 21 J 41974 . t -s COMMISSIONER SIEBERT INFORMED THE BOARD OF A TELEPHONE CALL FA ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, STATING•THAT PRECINCT 5A ON THE BEACH HAS BECOME SO LARGE THAT IT NEEDS TO BE DIVIDED AND SHE IS ASKING FOR OUR SUGGESTIONS_ ON HOW TO DIVIDE THIS AREA, COMMISSIONER SIEBERT SUGGESTED USING OLD BEACHLAND BLVD. AS THE DIVIDING LINE AND THE RESIDENTS LIVING SOUTH WOULD USE THE FIRE STATION TO VOTE AND RESIDENTS LIVING NORTH WOULD USE THE .JAYCEE BUILDING TO VOTE. THE BOARD AGREED WITH THIS SUGGESTION AND COMMISSIONER SIEBERT WILL TALK TO MRS; RICHEY ABOUT IT. COMMISSIONER SIEBERT STATED THAT ROSEMARY RICHEY SPOKE WITH THE RECREATION COMMISSION REGARDING THE COST OF A SPECIAL COUNTY ELECTION AND, MRS. RICHEY STATED THAT IT WOULD COST IN EXCESS OF $6,000.00. COMMISSIONER MASSEY REQUESTED THAT THERE SHOULD BE SIGNS ON MAJOR HIGHWAYS INDICATING HOW TO GET TO A HOSPITAL. THE ADMINISTATOR STATED THAT HE WOULD INVESTIGATE THIS WITH THE DEPARTMENT OF TRANS— PORTATION AND HE WILL INFORM THE HOSPITAL OF HIS INTENT. CHAIRMAN Loy CONFIRMED THE WORKSHOP MEETING TENTATIVELY SCHEDULED FOR DECEMBER 11, 1974 AT 7:30 O'CLOCK P.M. IN THE COUNTY COM— MISSION ROOM TO DISCUSS THE PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE. 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. 3510 - 3573 INCLUSIVE; ROAD AND BRIDGE FUND NOS. 1844 - 1870 INCLUSIVE; FINE AND FORFEITURE FUND NOS. 797 — 8011INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT".COURT THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 4:45 O'CLOCK P.M. ATTEST: _ LLERK/ HAIRMAN s r, - -22- 4:1974 22- BOOK -21 PW 22®