Loading...
HomeMy WebLinkAbout12/18/19741T 0 4fM WEDNESDAY, DECEMBER 18,1974 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, DECEMBER 12, 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 14ODTKE. 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 ABSENT DUE TO ILLNESS AND ATTORNEY J GEORGE G. COLLINS 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 DECEMBER 4, 1974. CHAIRMAN LOY REQUESTED ON PAGE 10, FOURTH PARAGRAPH, SECOND SENTENCE, THE WORD "VOLUSIO" BE CHANGED TO READ "VOLUSIA"; ON PAGE 22, FIFTH PARAGRAPH, LAST SENTENCE, THE WORD "WA -RANTS" BE CHANGED TO READ "WARRANTS"; ON PAGE 4, FIRST PARAGRAPH, THE SENTENCE READING "MR. JENNINGS SUGGESTED THE FOLLOWING ROADS BE MAINTAINED BY THE COUNTY" BE CHANGED TO READ, "MR. .JENNINGS SUGGESTED THAT PORTIONS OF THE FOLLOWING ROADS BE MAINTAINED BY THE COUNTY"; ON PAGE 4, SECOND PARAGRAPH, THE FOLLOWING BE ADDED: "....ARE CARRIED OUT BY THE FELLSMERE WATER MANAGEMENT DISTRICT AT THEIR EXPENSE:" THESE CORRECTIONS HAVING BEEN MADE A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF DECEMBER 4, 19741 AS WRITTEN. BOOK PAGE2i r; r ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THAT THE PRICE OF THE CODE OF ORDINANCE FOR INDIAN RIVER COUNTY BE SET AT $75.00, WHICH WILL INCLUDE THE SUPPLEMENTS THROUGH THE YEAR 1975. .JACK JENNINGS, COUNTY ADMINISTRATOR INFORMED THE BOARD THAT AT THE SEPTEMBER 11TH AND 25TH, 1974 MEETINGS, THE BOARD APPROVED A REQUEST FROM RICHARD RHOADES IN BLOCK VILLA SUBDIVISION TO TRANSFER A DRAINAGE DITCH EASEMENT AT NO EXPENSE TO THE COUNTY, AND SUBJECT TO THE COUNTY ADMINISTRATORS INSPECTION OF THE NEW DITCH AND HIS APPROVAL. THE ADMINISTRATOR HAS INVESTIGATED THIS NEW DITCH AND STATES IT IS NOT SATISFACTFORY. MR. RHOADES REQUESTED THE COUNTY TO CUT THE DITCH AS HE DOES NOT WANT TO GO THROUGH THE EXPENSE OF HAVING THE DITCH CUT. MR. RHOADES HAS REQUESTED THAT THE ORIGINAL SOUTH EASEMENT BE TRANSFERRED BACK TO HIM. THE ADMINISTRATOR CON- TINUED THAT THIS RELEASE OF EASEMENT HAD BEEN RECORDED AND A NEW RELEASE OF EASEMENT WILL HAVE TO BE PREPARED AT THE EXPENSE OF MR. RHOADES. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED HOLDING THIS REQUEST FROM MR, RHOADES IN ABEYANCE UNTIL ATTORNEY BURCH RETURNS. NATHAN C. DAVIES, THE BOARD'S REPRESENTATIVE TO THE TRI -COUNTY REHABILITATION CENTER, APPEARED AND PRESENTED THE FOLLOWING YEAR END REPORT - 1974. -3- BOOK l Pd.vE �+J CHAIRMAN Loy INFORMED THE BOARD THAT ATTORNEY BURCH HAD BEEN CALLED TO ACTIVE DUTY WITH THE AIR NATIONAL GUARD AND HAD MADE ARRANGEMENTS TO ATTEND THIS BOARD MEETING, BUT HE IS ILL AND CONFINED TO THE INFIRMARY AT THE AIR BASE AND ATTORNEY GEORGE COLLINS WILL SIT FOR HIM. t ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLL, COUNTY COURT, FOR OCTOBER AND NOVEMBER, 1974 IN THE AMOUNT OF $160.12. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL TO FORREST N. MCCULLARS, COUNTY EXTENSION DIRECTOR TO ATTEND A DISTRICT 4-H CLUB PLANNING MEETING IN COCOA ON DECEMBER 4, 1974. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR GERMAN D. SUAREZ; AND EVA G. MCNEAL FOR RENEWAL PERMITS TO CARRY 0 FIREARMS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER $IEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR STEVEN TIMOTHY MYERS; AND MARGUERITE SHOR MULLEN FOR PERMITS TO CARR` FIREARMS. REPORTS OF TRAFFIC VIOLATIONS COUNTY COURT - FOR THE MONTH OF NOVEMBER, 1974 WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. JACK HOCKMAN, FINANCE OFFICER DISCUSSED WITH THE BOARD ESTABLISHING A FEE FOR SELLING THE CODE OF ORDINANCES AND SUPPLEMENTS FOR INDIAN RIVER COUNTY. THE COST TO THE BOARD IS $68.91 PER BOOK AND $17.19 FOR THE FIRST SUPPLEMENT, A MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THAT WE SELL THE ORIGINAL COPY AND THE SUPPLEMENT UP TO THE DATE OF PURCHASE, WHICH WILL INCLUDE UP- DATED COPIES FOR THE FIRST YEAR AT $75.00 AND $20.00 A YEAR FOR THE SUPPLEMENTS. DISCUSSION FOLLOWED AND.COMMISSIONER WODTKE WITHDREW HIS MOTION AND COMMISSIONER $CHMUCKER WITHDREW HIS SECOND. -2- DEC 1819"kooK -21 Pdcc222 YEAR h%0 REPORT 1974 TRI COUNTY REHABILITATION CENTER (FORMERLY PIONh;kR) l TO THE COUNTY C0I0iISSIONLRS OF INDIAN RIVER COUAiTYs It has been my pleasure to serve as representative of Indian River County on the board of Trustees of the above center for the past three months. Our County presently has eleven residents that are being served by the center and they are Bussed daily to Stuart for their training. You have currently pledged 35uuU towards the support of this center. For those of you unfamiliar with the project, it is located in a building • originally built as a bowling alley located on Highway #1 about two miles south of Stuart City limits. The property has recently been appraised at S275,UUU. This years budget is around $17U,Uuu and a good proportion of this is being supplied by the State Division of Rehabilitation and the State Dept. for Mentally Retarded. These divisions now approve this Center for these services. Many improvements have been made this past few months. Anaddition of 175b square feet lean to metal building was added to the rear of the main building. The 26,000 square feet of roof on the main building was coated with two coats of Randustrial roof coating. The main building was com- pletely painted. A 36x2U Work Evaluation room was partitioned off in the main building. The kitchen was greatly enlarged for expanded client instruction in food preparation and related food services. Many other electrical and plumbing additions were made. All of this takes money which has to come from various donations and from the three counties involved. These improvements totaled nearly $20,000.. We should be proud to be a part of this enterprise. We do need help from various civic minded organisations in this county and we have not con- tributed our share for these much needed improvements and others that are needed. We plan to ask several' organisations in this county in the near future for help in --these endeavors. There are very few centers in Florida that are supplying the varied pro- grams that are now being offered by this center. It is a going enter- prise and I ask the commissioners to lend their full support to make this Rehabilitation center a permanent ongoing project. Respectfully submitted, Nathan C. D-avies Dec. 17, 1974 -4- _ I0oK 1 Fac1224 0 MR. DAVIES REQUESTED THAT THE $5,000,00 BUDGETED FOR THE TRI -COUNTY REHABILITATION CENTER BE SENT TO THEM AS SOON AS POSSIBLE IN ORDER THAT THEY MAY PURCHASE A NEW BUS, A CERTAIN AMOUNT OF E MONEY MUST BE PUT UP BY THE CENTER IN ;ORDER TO RECEIVE MATCHING a FUNDS. CHAIRMAN Loy STATED THAT IT IS THE BOARD'S POLICY TO PAY AGENCY ACCOUNTS ON A QUARTERLY BASIS, COMMISSIONER SIEBERT SUGGESTED A STATEMENT FROM THE DIRECTOR OF THE CENTER STATING THAT THIS $5,000.00 IS REALLY NECESSARY IN ORDER TO RECEIVE THIS GRANT. THE BOARD AGREED TO DEFER DECISION 9'N THIS REQUEST UNTIL LATER IN THE MEETING AND INSTRUCTED L.S."TOMMY" THOMAS TO CONTACT MR. FOX, FINANCE DIRECTOR AT THE CENTER AND QUESTION IF THIS MONEY IS NECESSARY IN ORDER TO RECEIVE THIS GRANT. 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: 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 a — - - -- - — —in the matter of4'4e — ---- __----- -----__in the ------__-_-_----—.__--p---)Court, was pub- lished in said newspaper in the issues of _— �__ •�'L_}_____f 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- tiserrent; 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. Sworn to and subscribed before me this _. _ c 7 _ ._ _.da f. ...LC U----- A.D. __19 !_ e (Business Manager) (SEAL) e i (Clerk of thrcuit Court, Indian River ounty, Florida) _5- NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com- missioners ofIndian River County, Florida, will receive bids to the hour of 9:30 A.M. on Wednesday, December 18, 1974, at a meeting of said Board to be held In the County Commissioner's Room, Indian River County Courthouse, Vero Beach, Florida, for sale to said County of the following: - Item: One New Latest Model Motor Grader. One used Motor Grader is available for trade-in. This grader may be inspected at the County Garage located on South Gifford Road just west of 43rd Avenue. Bid forms and detailed specifications may be obtained at the office of the County Road and , Bridge Department, Room 115, Courthouse, Vero Beach, Florida, or will be mailed upon request. All bids shall be in an envelope, securely sealed, and marked on the outside, "Bid for Motor Grader, -opening date December 18, 1974." Any bids received after the date and time stated above will be returned unopened. Board of County Commissioners Indian River County Flnnda By: Alma Lee Loy Chairman Nov. 74, 28, 1974. -- 800K 21 PAGE22 lo c �a. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE i WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: FLORIDA EQUIPMENT OF ORLANDO NO BID KELLY TRACTOR COMPANY, MIAMI CATERPILLAR MODEL 12G $62,9 9.08 TRADE N ALLOWANCE 4.2 O.O DELIVERY 60 DAYS FROM RECEIPT OF $58,669.00 ORDER LINDER INDUSTRIAL MACHINE CO., LAKELAND C�HAMPITN MODEL D -560 -HD $4 (RADE IN ALLOWANCE .UU $42,000.00 CHAMPION MODEL D -560 -HD $38,905.00 TWO CYCLE ENGINE — SPECS. CALL FOUR CYCLE ENGINE TRADE IN ALLOWANCE 3.500.00 MACHINE IN STOCK $35,405.00 H.F. MAso _ANY. HIAL EAB ODEL $51,925.00 RADE IN ALLOWANCE 4.500.00 $47,425.00 EWIND ACHINE CO., FT. LAUDERDALE --YODEL--$46,950.00 RADE IN LLOWANCE 2.000.00 BRDER ELIVERY 60 DAYS FROM RECEIPT OF $44,950.00 . ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE COUNTY ADMINISTRATOR FOR EVALUATION. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A VIOLATION FROM THE CITY OF VERO BEACH STATING THAT A COUNTY—OWNED LOT IN THE CITY HAS RECEIVED A COMPLAINT THAT THE UNDERBRUSH EXCEEDS 12. INCHES AND MUST BE CLEARED. THE ADMINISTRATOR SUGGESTED THAT THIS GO THROUGH THE ROUTINE PROCEDURE OF THE CITY RATHER THAN COUNTY FORCES DOING THE WORK. MR. CHRIS EKONOMOU LIVES NEXT DOOR TO THIS LOT APPEARED AND -6-BOOK _ i PAGE STATED THAT HE WOULD APPRECIATE HAVING THIS LOT CLEARED AS SOON AS POSSIBLE. MR. EKONOMOU ALSO STATED THAT HE WOULD BE INTERESTED IN PURCHASING THIS LOT. THE LOT IS 50 FEET BY 169 FEET. THE BOARD DISCUSSED THE MANY LOTS THEY OWN THROUGHOUT THE COUNTY AND THE POSSIBILITY OF PUTTING THEM ALL UP FOR SALE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISS DNER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO CONTACT THE CITY OF VERO BEACH TO HAVE LOT 29, BLOCK 22, ROYAL PARK SUBDIVISION CLEANED IMMEDIATELY, AND BILL THE COUNTY FOR THE EXPENSE INVOLVED. i THE HOUR OF IO:OO O'CLOCK A.P. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BELCH PRESS -JOURNAL Published Weekly ' Vera 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 a NOTICE OF the matter of—_—__. _______`___�`___—_. LANDSALE NOTICE IS HEREBY GIVEN that the Board of County Com- �--� missionersofIndian River County, Florida, will accept written bids until 10:00 A.M. on the 18th day of December, 1974, for the sale of the _ —in the v_ __.____�_ —� Court, was pub- following described property owned by Indian River County. • Title to be passed by Quit Claim Deed. Bids are to be sent to the lished,in said newspaper in the issues of__.__________________�._�_____�--__ County AdminWrator, Room 115, /) �.- �V, /�( LC l �7/ Indian River County Courthouse, Vero Beach, Florida 02960. The Board reserves the right to reject --t------ •------- all bids. Terms are cash on closing within five (S) days of acceptance Affiant further says that the said Vero Beach Press -Journal is a newspaper published at of bid. Minimum bids acceptable Vero Beach, in said Indian River County, and that the said newspaper has heretofore shall be 5400-00: been continuously published in said Indian River County, Florida, weekly and has been entered Lot 6, Block 104, as shown on as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Plat Town of FB a and for a period of one year next preceeding the first publication of the attached copy of adver- recordd ed in Pict Book k 2 2, Pages o, tisement; and affiant further says that he has neither paid nor promised any person, firm or �, 3 and 4, Public Records of Lucie County, Florida, now corporation any discount, rebate, commission or refund for the purpose of securing this adver- being in Indian River County, tisement for publication in the said newspaper. Florida. Sworn to and subscribed before me this 1, T- of.-__-j-__--_--__�_. A.D.__L Board of County Commissioners ____ ___________day __ _ ___ of Indian River County Florida _ (� ack G. Jennings (Business ager] Colin CountyyAdministrator Approved for public hearing Board of County Commissioners Indian River County, Florida Date: Novemtyer 1974 Clerk of the Circuit Court, Indian River County, Florida) 25. By: -s J. G. Jennings (SEAQ Nov. 28, Dec. 5, 1974. -7- 1 197 y soon ►'acE�' f4 THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING BID WAS RECEIVED, OPENED AND READ: EMILY E. OWEN BID $400.00 PLUS $25.00 HANDLING COSTS. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COM- MISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF $400.00 PLUS $25.00 FOR EXPENSES FROM EMILY E. OWEN FOR LOT 6, BLOCK 104, i FELLSMERE. NANCY COOK REPRESENTATIVE OF THE BEACH BUSINESS BUREAU APPEARED INFORMING THE BOARD OF THE NEED FOR ADDITIONAL TENNIS COURTS FOR THE COMMUNITY. SHE HAD BEEN TO THE CITY OF VERO BEACH CITY COUNCIL AND THEY SUGGESTED SHE COME TO THE COUNTY TOO. MRS. COOK STATED THAT THE BEACH BUSINESS BUREAU COULD RAISE ONE-HALF THE MONEY NEEDED FOR FOUR - LIGHTED AND FENCED TENNIS COURTS. THE BEACH BUSINESS BUREAU HAS $5,000.00 AND HAS NOT YET STARTED THEIR FUND RAISING PROGRAMS. THE CITY COUNCIL RECOMMENDED THAT $12,000.00 BE ALLOCATED FROM THE BEACH BUSINESS BUREAU; THE CITY OF VERO BEACH; AND THE COUNTY, THE CITY COUNCIL HAS STATED THAT THEIR $12,000.00 IS CONTINGENT ON THE COUNTY'S SHARE. CHAIRMAN Loy STATED THAT THIS BOARD HAS ENDEAVORED TO SECURE LANDS TO BE USED FOR PARK PURPOSES. WITH THE LIMITED FUNDS THAT WE HAD IT WAS THE BOARDS DECISION THAT IF LAND COULD BE SECURED THE DEVELOPMENT COULD COME LATER, BUT DUE TO THE CRUNCH THAT WAS PUT ON BY THE TAXPAYERS AND REPRESENTATIVES TO CUT THE BUDGET, WE TOOK OUR PROPOSED RECREATIONAL LAND PURCHASE ACCOUNT AND CUT IT TO NOTHING AND ONLY LEFT IN IT OUR COMMITMENT TO THE CITY OF VERO BEACH TO PURCHASE BEACHFRONT PROPERTY. CHAIRMAN Loy STATED THAT RESIDENTS OF MUNICIPALITIES ARE VERY CONSCIOUS OF THEIR RECREATIONAL NEEDS BUT AT THE PRESENT TIME WE DO NOT HAVE FUNDS. THESE PROPOSED TENNIS COURTS WILL BE BUILT AT THE CIVIC ART CENTER PROPERTY LOCATED ON THE EAST SIDE OF THE RIVER, SOUTH OF BEACHLAND BLVD. m 8Q0� 1 PAGE 228 THE CHAIRMAN STATED THAT THE COUNTY HAD MADE A VERY SIZABLE CONTRIBUTION OF FILL FOR THE CIVIC ART CENTER PROPERTY, IN ORDER TO OBTAIN THE PROPER LEVEL SO THAT THE CITY OF VERO BEACH COULD SUBMIT A DEVELOPMENT PLAN, COMMISSIONER SIEBERT STATED THAT POSSIBLY THE FEES COLLECTED FROM COUNTY RESIDENTS FOR PARTICIPATION IN THE RECREATION PROGRAM, THAT ARE PUT INTO A CAPITAL OUTLAY FUND COULD BE USED FOR IMPROVEMENTS AND IF IT WAS DECIDED THAT THESE TENNIS COURTS ARE A NUMBER ONE PRIORITY, THESE FUNDS COULD BE USED AND PLEDGED FOR THE FOLLOWING YEARS. IT WAS ALSO SUGGESTED THAT POSSIBLY THE COUNTY COULD INSTALL THE FENCES AND LIGHTING AS AN IN-KIND CONTRIBUTION. / NANCY COOK WILL RETURN TO THE CITY COUNCIL WITH THE BOARDS COMMENTS. RICHARD COOK, FIRE CHIEF FOR THE ROSELAND VOLUNTEER FIRE DEPARTMENT APPEARED REQUESTING THE BOARDS APPROVAL TO USE THE ROSELAND COMMUNITY BUILDING, A COUNTY OWNED BUILDING, MAINTAIN IT AND BUILD A FIRE STATION TO HOUSE THEIR NEW FIRE TRUCK ON THIS COUNTY OWNED PROPERTY. MR. COOK STATED THAT THE ROSELAND WOMEN'S CLUB WOULD NOT SPEAK TO THE FIRE CHIEF REGARDING SHARING THIS BUILDING. CHAIRMAN Loy STATED THAT WE DO HAVE A BONAFIDE AGREEMENT WITH THE ROSELAND WOMEN'S CLUB GIVING THEM CONTROL OVER THE USE OF THE BUILDING. COMMISSIONER SIEBERT STATED THAT HE DID NOT FEEL WE SHOULD USE THIS PIECE OF PROPERTY ON THE SEBASTIAN RIVER FOR A FIRE STATION, BUT THAT THE VOLUNTEERS LOOK FOR ANOTHER PIECE OF PROPERTY THAT MIGHT BE MORE ACCEPTABLE AND BRING THEIR RECOMMENDATION BACK TO THE BOARD. FORREST SMITH, VERO BEACH FIRE CHIEF APPEARED AND STATED THAT THE ROSELAND VOLUNTEER FIRE DEPARTMENT IS UNIQUE IN TWO AREAS; 1. THAT THEY HAVE WOMEN VOLUNTEER FIRE FIGHTERS AND Z. THAT THEY HAVE NO FIRE STATION. MR. SMITH STATED THAT THEY HAVE A BEAUTIFUL FIRE TRUCK, BUT IT IS NOW EXPOSED TO THE WEATHER. HE CONTINUED THAT IF A BUILDING WAS BUILT IT WOULD BE A STEP TOWARDS A 000NTY- WIDE SYSTEM. CHIEF SMITH STATED THAT THEY DO SUPPLY A GOOD SERVICE FOR THE PEOPLE IN THAT AREA AND THAT, IN HIS OPINION, THE ROSELAND -D- DEG 18 197 ®oo� Z1 PAc[229 1. • �qq M COMMUNITY BUILDING COULD SERVE AS A TEMPORARY BUILDING UNTIL SOMETHING ELSE BECOMES AVAILABLE. CHAIRMAN Loy STATED THAT ONE OF THE FIRST CONCERNS OF THIS BOARD, WHEN ROSELAND VOLUNTEERS APPEARED REQUESTING FUNDS TO PUR- CHASE A FIRE TRUCK WAS WHERE WOULD THEY HOUSE THIS EQUIPMENT AND THEY STATED THAT THEY WOULD TRY TO RAISE FUNDS TO BUILD A BUILDING = AND THIS BOARD WENT ALONG WITH THIS. THOMAS BALTIMORE, ASSISTANT FIRE CHIEF INFORMED THE BOARD THAT THEY HAVE BEEN WORKING TOWARDS OBTAINING PROPERTY TO BUILD A FIRE STATION, BUT THEY HAVE RUN INTO PROBLEMS. HE STATED THAT THEY DO HAVE $2,500.00 IN THEIR BUILDING FUND AND ANY BUILDING BUILT ON COUNTY PROPERTY WOULD BELONG TO THE COUNTY. THE BOARD AGREED TO INVESTIGATE IF THERE IS ANY COUNTY PROPERTY IN THIS AREA THAT MIGHT BE ACCEPTABLE. IT WAS FURTHER AGREED THAT A SPECIAL COMMITTEE BE FORMED CONSISTING OF A COUNTY COMMISSIONER, THE COUNTY ADMINISTRATOR AND THE ROSELAND VOLUNTEER FIRE DEPARTMENT TO INVESTIGATE WHERE THIS FIRE STATION WOULD BEST SERVE THE COMMUNITY. 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 ;v Published Weekly Vero Beach, Indian River County, Florida i 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 o!L! _22 In the COYR was pub. W NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com. ' lisped In missionersof Indian River County, Ftoridaywili hold a public nearing said newspaper in the Issues of __ ._.. L_ . %— on December la, 1974, at 11:00 A.M. o'clock in the Indian River County Courthouse to consider _ adoption of a proposed County "-- '-- Ordinance amending Indian River ' Affiant further says that the said Vero Beach Press -Journal is a newspaper published at County Ordinance 71.7 by adding a new coning District to be known as • 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 "M P MARINE PARK OlSTRICT.•' as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Board of County for a period of one year ne>,Y preceeding the first publiwtian of the attached copy of adver- tisemanf; and affiant further says that he has neither paid nor promised any person, fine or Commissioners Indian River County t:orporation arty discount, rebate, commission or refund for the pur pose of securing this adver- tisement for publication in the said newspaper. Florida ey: Alma Lee Loy Sworn to and subscribed before me this .__. 4 _._day Chairmen Nov. td, 1974. ��/f1 (Busineq ager) y _T_ f the Cir (Clerk o Court, Indian River it County, Florida) (SEAQ �n —1v— -21 THE BOARD DISCUSSED THIS PROPOSED ORDINANCE. CHAIRMAN L.OY RECOMMENDED THAT UNDER SECTION 4, THE SECOND SENTENCE 'BE DELETED AND THE FOLLOWING SENTENCE BE ADDED: "THE COMMISSION SHALL BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS AND SERVE AT THEIR PLEASURE." BOB BERG, ASSISTANT PLANNER STATED THAT THE INTENT OF THE ORDINANCE WAS TO APPLY TO LANDS THAT WERE UNDER THE CONTROL. OF THE BOARD OF COUNTY COMMISSIONERS. COMMISSIONER SIEBERT STATED THAT HE FELT THAT INTENT SHOULD BE IN THE ORDINANCE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK MR. ROBERT AMOS OF 2721 WHIPPDORWILL LANE ASKED IF THIS ORDINANCE INVOLVED THE FOLLOWING AREA: EAST SIDE OF THE INDIAN RIVER WEST OF THE WABASSO BRIDGE AND SOUTH OF THE SEBASTIAN INLET. THE BOARD STATED THAT THIS ORDINANCE DOES NOT TAKE IN PELICAN ISLAND, IT IS ONLY FOR THE FOUR SPOIL ISLANDS OWNED BY THE COUNTY. THE BOARD AGREED THAT THE INTENT OF THE CREATION OF THE ORDINANCE WAS TO COVER ONLY THOSE COUNTY OWNED OR CONTROLLED PROPERTIES. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 74-26 WITH THE FOLLOWING CORRECTION: DELETING THE SECOND SENTENCE IN SECTION 4 AND ADDING, "THE COMMISSION SHALL BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS AND SERVE AT THEIR PLEASURE." -11- DEC. 18 19 BOOK l PAG231 ORDINANCE NO. 74-26 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3 CREATING A ZONING CATEGORY KNOWN AS "MP" (MARINE PARK) DISTRICT; ESTABLISHING A PURPOSE FOR AN ".".DISTRICT; SETTING FORTH PERMITTED USES WITHIN SUCH "MP" DISTRICT; ESTABLISHING A MARINE ISLAND ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the County Commission of Indian Rivezounty has found and determined that the bays, streams, estuaries, rivers, waterways, and other natural water bodies in Indian River County, which are owned or controlled by Indian River County, are valuabIewhatural resources of present and potential aesthetic and recreational value which the County desires to preserve, protect and continue to make accessible for the use of the residents and visitors of the County, subject to the continued maintenance and utilization of the Atlantic Inter- coastal Waterway, and WHEREAS, it is the opinion of the Board of County Commissioners of Indian River County that in order to preserve and protect such waters and adjacent or included lands, which are owned or controlled by Indian River County, that the same should be zoned into a classification which would permit park and recreational uses, conservational uses, and research use and thereby preserve the right of the public to the use and enjoyment of such water resources; NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: SECTION I CREATION OF A ZONE There is hereby created a zoning district for Indian River County to be known and designated as "MP" (Marine Park) District. SECTION II PURPOSE The purpose and objective of the "MP" district shall be: (1) To conserve and preserve the physical features and natural habitat in a pristine like condition of lands and water resources that are either owned or controlled by Indian River County. (2) To provide and maintain open space and recreational areas, and (3) To provide, maintain and protect environmental areas for the preservation of the natuural plant and wildlife habitat found in areas owmed or controlled by Indian River Countv. BOOK, PAv[ SECTION III PERMITTED USES In a "MP" District, the permitted uses for lands and waters shall be° boating, swimming, fishing, diving, water skiing, surf - boarding, wading and related water oriented recreational uses. In the case of Indian River County Controlled Islands, a conservation, recreational or research use may b6 designated. The development e of recreational facilities for the said County Controlled Islands shall be determined by the Indian River County Commission. SECTION IU MARINE ISLAND ADVISORY COMMISSION An advisory commission hereafter known as the Marine Island Advisory Commission shall be established to recommend plans and policies for the use of the County Controlled Islands. The Commission shall be comprised of not less than five (5) nor more than eleven (11) members who shall be appointed by the Board of County Commissioners and serve at the Board's pleasure. The commission may report any violations of the provisions of this Ordinance, specifically dealing with the islands, to the enforcement. agencies. The Marine Island Advisory Commission shall advise and recommend to the County Commission on the development of recreational uses for the Islands owned or controlled by Indian River County and shall establish a uniform system of distinguishable signs delineating the use of the said Islands and shall review all permit applications for structures or work within said district which are made to state or federal agencies. SECTION V. EFFECTIVE DATE / This Ordinance shall take effect on the 15th day of January, 1975. DEC. 2 1 � aaoK- 1 PAv1233 .4 THE HOUR OF 11:00 O'CLOCK,A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS JOURNAL Published Weekly Vero Beach, Indian River County, Florida 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 a the matter of _ NOTICE NOTICE IS HEREBY GIVEN In 4he Court• was pub- that the Board of County Com. missionersof Indian River County, Ftlffida, will hold a public hearing lashed in said newspaper in the issues Of az c at the Indian River County Courthouse at 11:00'A.M. _ December 18, 1974, to consider adoption of the following proposed —� County Ordinances: 1. An Ordinance Amending Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Section les, Indian River County Vero Beach, in said Indian River County, and that the said newspaper has heretofore Ordinance 71.3 redefining the been continuously published in said Indian River County, Florida, weekly and has been entered functions, powers and duties of the as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Board of Zoning Adjustment. for a period of one year next preceeding the first publication of the attached copy of adver- 2. An Ordinance Amending tisement; and affiant further says that he has neither paid nor promised any person, firm or Section 21, Indian River County o ration an discount, rebate, commission or refund for the Ordinance 71.3, LM•1 Light 4 rpo y purpose of securing this adver- Manufacturing District, in. tisement for publication in the said newspaper. creasing the permitted uses. Board of County �_ __.l._i� Swum .- to and subscribed before me this c _da of,.-- A.D.Commissioners — ^ — of -Indian River County, Florida By: Alma Lee Loy man (Business anaer) Nov Cha24, 19749 h g 74. (SEAL) (C erk of the suit Court, Indian River County, Florida) STEVEN HENDERSON, ATTORNEY, REPRESENTING DURAND AND KEEN APPEARED IN SUPPORT OF THIS AMENDMENT TO SECTION 21, ORDINANCE 71-3 — LM -1 LIGHT MANUFACTURING DISTRICT. ATTORNEY COLLINS STATED THAT THE PROPOSED ORDINANCE IS IN GOOD ORDER. BOB BERG, ASSISTANT PLANNER APPEARED AND STATED THAT THE PLANNING DEPARTMENT HAS NO OBJECTIONS TO THIS PROPOSED ORDINANCE. COMMISSIONER SIEBERT QUESTION THAT ENCLOSED STORAGE, WAREHOUSE SPACE WAS NOT INCLUDED IN PERMITTED USES. -14- Book " IIc j, racF 34 0 MR. BERG STATED THAT IT WAS THE INTENTION TO DISALLOW WAREHOUSES EXCEPT AS AN ACCESSORY TO A PERMITTED USE. MR. HENDERSON STATED THAT HE FELT ENCLOSED STORAGE STRUCTURE IS CONSISTENT WITH -THE LM1 LIGHT MANUFACTURING DISTRICT AND THAT THE ORDINANCE SHOULD BE AMENDED TO INCLUDE THE ENCLOSED STORAGE AREA AS A PERMITTED USE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, COMMISSIONER MASSEY, CHAIRMAN Loy VOTED IN FAVOR, COMMISSIONER WODTKE VOTED IN OPPOSITION, THE BOARD ADOPTED ORDINANCE N0. 74-27 - LM -1 LIGHT MANUFACTURING DISTRICT WITH THE ADDITION OF "ENCLOSED STORAGE°AS A PERMITTED USE, 15- DEQ.18197A 6oak 21 rACE23 v INDIAN RIVER COUNTY ORDINANCE NO. 74-27 An Ordinance amending Indian River County Ordinance 71-3, Section 21, LM -1 Light Manufacturing District, increasing the permitted uses and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. SECTION 21 - LM -1 LIGHT MANUFACTURING DISTRICT (a) PURPOSE OF DISTRICT: The LM -1, Light manufacturing District, is intended to provide a restricted Light Industrial District for en- closed storage, research, development, and manufacture•, of small products making the use of processes of manu- facturing not likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, air pollution or other physical manifestations. The develop- ment standards in LM -1 Districts are intended to assure an open, uncrowded and attractive appearance through limitations on yards, setbacks, coverage and location of incidental activities. The LM -1 District uses shall be located with convenient access to transportation facilities. (b) USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following uses: (1) Manufacture of products from aluminum, brass bronze, copper, steel, or other metal or from bone, cloth, hair, leather, paper, rubber, shell, plastic, wood or other similar materials. (2) Any of the following: Bakery Cutting or blending of liquor Electroplating Pattern making Printing Publishing Lithography and Engraving Stamping Dyeing Tool Dye and Gauge Shop Enclosed Storage BOOK -21 PAG123 11 Y 0 z (4) Accessory uses and structures. (5)' All operations must be conducted within the buildings located on the premises, except that outside storage of materials may be permitted, providing that the total building area and storage area does not exceed 50% of lot coverage. All waste materials must be stored while on the premises in a screened enclosure which is to be counted as part of the area allowed to be covered by buildings and structures. (6) No processes resulting in creation of visible smoke from the burning of fuels are permitted. (7) No process emitting an odor, nuisance or noise beyond the plant site is permitted. Where odors or noise are produced, and provisions for eradication within a building are provided, the burden of successful elimination of the odors or noise shall rest on the occupant of the premises. (8) Dust and dirt must be confined within the buildings of the plant. Ventilating and air -filtering devices must be provided as required by applicable building and sani- tary codes. (9) All provisions of the State Air and Water Pollution Control Act shall apply and permits for construction and operation shall be required. (10) Operations creating glare shall be so shielded that the glare cannot be seen from outside the plant site. (11) Where processes involve the disposal of industrial wastes, approval of the proposed method of disposal by the County Health Officer, the Director of Mosquito Control and the Regional Engineer, Southeast Region Air and Water Pollution Control Department must be secured and presented to the County Building Department before a building permit will be issued. 12, Commercial and retail uses designed to serve primarily the needs of employees in the area or which are associated with and incident to the industrial use, including, but C . -2= sooK- 21 PAG1237 -f.,1 7 not limited to wholesale and retail outlets, provided said outlets are located on the premises so as to provide adequate access to and from adjoining roads. (C) BUILDING HEIGHT LIMIT: No building or structure shall exceed forty (40) feet in height. (D) STANDARDS: Since the size and nature of the uses permitted may vary widely, no minimum size lot or floor area shall be required. Instead, yard setback requirements shall be used to attain an industrial park -like atmosphere keeping in mind future expansion needs. (E) LOT COVERAGE: No principal building or structure and its accessory structure shall occupy more than forty (40) percent of the lot. F. FRONT YARD Every lot shall have a front yard or street yard of not less than twenty-five (25) feet in depth. (G) REAR YARD: Every lot shall have a rear yard of not less than twenty (20) feet in depth. (H) SIDE YARDS: A side yard shall be provided on each side of every lot of not less than ten (10) feet in width. (I) PARKING REGULATIONSy Off-street parking spaces shall be provided in accordance with the requirements for specific uses as set forth in Section 24 of this ordinance. This Ordinance shall become effective on January 15th, 1975. BOOK 1 PAGE 238 THE CHAIRMAN_ -ASKED IF ANYONE PRESENT WISHED TO BE HEARD REGARDING AN ORDINANCE AMENDING SECTION 26, INDIAN RIVER COUNTY ORDINANCE 71-3 REDEFINING THE FUNCTIONS, POWERS AND DUTIES OF THE BOARD OF ZONING ADJUSTMENT. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO POSTPONE THE ABOVE z SCHEDULED PUBLIC -HEARING UNTIL 4:00 O'CLOCK P.M. TODAY. THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida 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 a--------------- ... _ --- ------------------------ - -- -- — -._-in the matter of„Q,(�t�'_sa±i — --�--------____in the -�------_-- --- -----q__ Court, was pub- lished 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. Sworn to and subscribed before me this ___________day of�A.D.1�y _� — -- c - - (/ (Business Ma er) ( erk of the (SEAL) Ci it Court, Indian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com- missionersof Indian River County, Florida, will hold a public hearing on December 18, 1974, at 11:00 A.M. o'clock in the Indian River County Courthouse to consider adoption of a proposed County Ordinance establishing new Subdivision Regulations for Indian River County, Florida. Board of County Commissioners Indian River County Florida By: Alma Lee Loy Chairman Nov. 24, 1974. . PRESENT FOR THIS DISCUSSION OF THE PROPOSED SUBDIVISION REGULATION ORDINANCE WERE PETE MUSICK, MARVIN CARTER AVD DANA (TOWARD, SURVEYORS; ROBERT BERG, ASSISTANT PLANNER AND .JACK U. DRITENBAS, CONTRACTOR. _19 - DEC. 18 197" soak- 21 pc,239 CHAT-RMAN Loy STATED THAT EACH COMMISSIONER WILL HAVE / A CHANCE TO EXPRESS HIS VIEWS ON THE PROPOSED SUBDIVISION ORDINANCE. COMMISSIONER SCHMUCKER STATED THAT HIS MAJOR OBJECTION TO THIS ORDINANCE IS THE REQUIREMENT OF CURBS AND STORM DRAINAGE SYSTEMS FOR ALL STREETS, PUBLIC OR PRIVATE IN THE COUNTY. COM- MISSIONER SCHMUCKER LISTED THE FOLLOWING REASONS FOR HIS OBJECTIONS: 1. ENVIRONMENTAL PLANNING -DISCOURAGES FAST RUNOFF AS IT CAUSES POLLUTION. 2. PERCOLATION AND NOT CURBED DRAINAGE IS BEST FOR RECHARGE OF OUR SHALLOW AQUIFER. 3. THE POLLUTION CONTROL BOARD IS TRYING TO REDUCE OR ELIMINATE AS MUCH AS POSSIBLE DIRECT OUTFALLS WHICH IS A BASIC RE- QUIREMENT FOR ALL STORM DRAINAGE SYSTEMS. 4. OUR COUNTY DRAINAGE SYSTEM CANNOT POSSIBLY TAKE STORM DRAINAGE FROM DEVELOPMENTS. THE BASIC INDIAN RIVER FARMS DRAINAGE DISTRICT CANALS ARE DESIGNED FOR ONE INCH OF RAINFALL IN 24 HOURS STORM DRAINAGE DEVELOPMENT, FOR INSTANCE, IN THE AREA OF ROUTE 60 WEST IS ALREADY CRITICAL WITH THE SMALL AMOUNT OF EXISTING DEVELOPMENT. PERCOLATION OF AS MUCH WATER AS POSSIBLE IS ESSENTIAL FOR ALL FUTURE DEVELOPMENTS. 5. THE COUNTY DOES NOT CONSTRUCT CURBED STREETS, WHY ARE WE A SPECIAL EXCEPTION FROM THE REQUIREMENTS MADE FOR A RESIDENTIAL OR COMMERCIAL DEVELOPER, 6. THE CITY OF VERO BEACH DOES NOT REQUIRE CURBED STREETS AND THEY ARE IN A MUCH BETTER POSITION TO DESIGN OUTFALL SYSTEMS INTO THE RIVER. THEY MUST STILL DESIGN EXPENSIVE OUTFALL SYSTEMS FOR THE RUNOFF WHICH EXISTS EVEN WITHOUT CURB CONSTRUCTION. 7. OUR ECONOMY IS SLACK, THIS REQUIREMENT MORE THAN DOUBLES BASE CONSTRUCTION COSTS AND DEFINITELY WILL RETARD OR ELIMINATE LOW COST HOUSING. COMMISSIONER SCHMUCKER CONTINUED THAT WE HAVE RECEIVED NO COMMENTS FROM CONTRACTORS, AND HE WOULD LIKE THEIR COMMENTS, -20- DEG 18 197 Book 1 FnGI� O COMMISSIONER SIEBERT AGREED WITH COMMISSIONER SCHMUCKER'S OBJECTION TO THE REQUIREMENT OF CURBS AND GUTTERS FOR ALL STREETS AND SUGGESTED ON PAGE 4 - PARAGRAPH HEADED"PRIVATE STREET" ADDING "...THAT THE PROVISION OF CURBS AND GUTTERS BE WAIVED IF CERTAIN CRITERIA COULD BE SHOWN". FOR INSTANCE: IF IT COULD BE SHOWN THAT IT WAS NOT PARTICULARLY NECESSARY FOR THE DRAINAGE OF THE AREA UNDER CONSIDERATION; THAT IT IS NECESSARY FOR THE RECHARGE OF THE SHALLOW AQUIFIER; THAT IT WOULD CREATE A HAZARD BY RUNOFF INTO A DRAINAGE r CANAL. f COMMISSIONER SIEBERT STATED THAT IF THE ABOVE ITEMS COULD BE SHOWN, POSSIBLY THE NECESSITY OF CURBS AND GUTTERS COULD BE WAIVED BY THE COUNTY COMMISSION. COMMISSIONER SIEBERT ASKED IF PARAGRAPH HEADED "MULTIPLE DWELLING" ON PAGE 4 WAS CHANGED'AND IF IT INCLUDED DUPLEX DWELLINGS. BOB BERG STATED THAT THIS WAS NOT CHANGED FROM THE ORIGINAL SUBDIVISION REGULATIONS AND THAT ONE DUPLEX DWELLING DOES NOT COME UNDER MULTIPLE.DWELLING, BUT TWO OR MORE DUPLEX DWELLINGS DOES COME UNDER MULTIPLE DWELLING. COMMISSIONER SIEBERT QUESTIONED IF PARAGRAPH HEADED "SUBDIVISION" ON PAGE S, WAS CHANGED FROM "...REAL PROPERTY INTO TWO OR MORE LOTS..." TO "...REAL PROPERTY INTO THREE OR MORE LOTS..". MARVIN CARTER STATED THAT THIS WAS NOT CHANGED AND THAT THIS INFORMATION WAS TAKEN FROM CHAPTER 177 OF THE FLORIDA STATUTES. COMMISSIONER SIEBERT STATED THAT WHAT CONCERNED HIM WAS THAT SOMEONE COULD SELL ONE-HALF OF THE BACK PORTION OF A FIVE ACRE TRACT BY METES AND BOUNDS DESCRIPTION AND THE PERSON WOULD FULLY INTEND TO BUILD A HOME ON IT, BUT THERE IS NOTHING THAT PROHIBITS HIM FROM TURNING AROUND AND SELLING THAT PIECE OF PROPERTY BY METES AND BOUNDS DESCRIPTION AND THEN THAT PERSON COULD NOT OBTAIN A ZONING CERTIFICATE ON THAT PROPERTY. THE BOARD DISCUSSED THIS PARAGRAPH HEADED "SUBDIVISION". MARVIN CARTER SUGGESTED THAT POSSIBLY WE SHOULD FURTHER DEFINE THE DEFINITION OF "SUBDIVISION". -21- qq GOOK 21 Pact 241 VJ COMMISSIONER SIEBERT QUESTIONED IF PARAGRAPH HEADED "CONSIDERATION BY THE BOARD" SECTION G, ITEM 1 ON PAGE 8 WAS CHANGED FROM "..FOR A PERIOD OF 12 MONTHS..' TO "...FOR A PERIOD OF 18 MONTHS.." IT WAS STATED THAT,AFTER CONSIDERATION BY THE COMMITTEE, SECTION G,ITEM 1 WAS CHANGED FROM 12 MONTHS TO 18 MONTHS. COMMISSIONER SIEBERT QUESTIONED IF PARAGRAPH HEADED "REQUIREMENTS" ITEM B. PAGE 9, SHOULD ALSO STATE THAT "GROUND ELEVATIONS WILL BE REQUIRED UNDER CERTAIN CIRCUMSTANCES". THE BOARD DISCUSSED PUTTING THIS UNDER "FINAL PLATS - ITEM C-SUBMISSION'ON PAGE 121 BUT IT WAS AGREED THAT THE FOLLOWING ADDITION SHOULD GO UNDER "REQUIREMENTS" ON PAGE 10 - ITEM 131 "THAT SUCH CONTOURS OR ELEVATIONS AS REQUIRED BY THE COUNTY ADMINISTRATOR". .JACK DRITENBAS STATED THAT HE HAD A NUMBER OF QUESTIONS RELATIVE TO THIS ORDINANCE AND HE WILL SUBMIT THEM IN WRITING. THE BOARD AGREED THAT ALL QUESTIONS SHOULD BE SUBMITTED IN WRITING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THIS PUBLIC HEARING UNTIL .JANUARY 8, 1975 AT 3:00 O'CLOCK P.M. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 74-93 REGARDING EXCESS FEES BID AT A TAX SALE ON PROPERTY OWNED BY ROCCO J. AND ELEANOR VENDURO. -22- �tlok - 21 PAC4242 RESOLUTION NO. -74-93 WHEREAS, according to a request, the Clerk of the Circuit Court did duly advertise and hold a tax sale on the following described property, to -wit: Lot 1, Block K, Pine Tree Park, Unit No. 2, according to the plat thereof recorded in the Public Records of Indian River County, Florida owned by Rocco J. and Eleanor Venduro; and WHEREAS, there was an excess of $1,709.02 bid at said sale which the prior owners are entitled to; and WHEREAS, Rocco J. Venduro and Eleanor Venduro, are no longer husband and wife by virtue of Final Judgment of Dissolution entered May 15, 1969, in the Supreme Court of the State of New York, in and for Albany County in the City of New York, thus creating a tenancy in common between Rocco J. and Eleanor Venduro; and WHEREAS, the whereabouts of the said Eleanor Venduro is unknown; and WHEREAS, the said Rocco J. Venduro, also known as Rocco Venduro, has appointed Pat Traylor, d/b/a International Locator Service, as Agent and Attorney in Fact for receipt of any funds due him by Indian River County, Florida, for excess of funds received on the sale of said property set out above; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners in meeting assembled this 18th day of December, 1974, as follows: 1. That the Clerk of the Circuit Court shall be and he is hereby authorized to pay to International Locator Service as Agent and Attorney in Fact, for Rocco J. Venduro, also known as Rocco Venduro, the sum of $854.51, representing the undivided one-half (1/2) interest of Rocco Venduro of excess o` the sale of: Lot 1, Block F., Pine Tree Park, Unit No. 2, Indian River County records OD'OK - PAO[ 243 / from the General Fund, less any service fee imposed by Florida Statute 197.291 (2). 2. The remaining amount of $854.51 of excess funds on said sale due Eleanor Venduro shall transferred out of the General Fund by the Clerk of the Circuit Court and set k up in a Trust Fund for Eleanor Venduro until October 1, 1975, or until such time as its proper dispostion can be ascertained. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Alma Lee Loy, Cha rma l ATTEST: e,fi'? rk This Rbsolution was duly adopted this 18th day of December, 1974. Clerk f 80ox -2. FACE 244 9 THE BOARD THEN RECESSED AT.I:OO O'CLOCK P.M. AND RECONVENED AT 2:00 O'CLOCK P.M. ATTORNEY GEORGE COLLINS LEFT THE MEETING.. THE HOUR OF 2:00 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 i a-- — --- _------- w S �. ---- — -- -�_—in the matter of1C�/: — <—O L;� -- ____—__in the Court, was pub - ZZ lished in said newspaper in the issues of 'T 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. Sworn to and subscribed before me this$(Business A.D.117 --- Manager) --- — /0"2 Z ( le7' ice— -f=tTy�-- — rlC of the cuit Court, Indian River County, Florida) (SEAU NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission Of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows ol lows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to - wit: Lots 1 through 11, Block 1; Lots 1 through 26, Block 2, LESS Lots 16 and 17; Lots 1 through 12, Block 3, Hillside Subdivision; 58th Avenue at West Wabasso Road. Be changed from CA Com- mercial District, to R-1 Single Family District. A public hearing in relation thereto at which parties in interest and citizens shall have an OP• portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthcuse, Vero Beach, Florida, Thursday, . November 21, 1974, at 7:30 P.M., } after which a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian kiver County Courthouse, Vero Beach, Florida, on Wednesday, December. 18, 1974, at 2:00 P.M. Board of County Commissioners Indian River County By: Alma Lee Loy Chairman Indian River County Zoning Commission By: Ralph Sexton Chairman Nov. 3, .1974. , . DEWEY WALKER, ZONING DIRECTOR APPEARED AND STATED THAT MRS. ZETTIE EALY APPLIED FOR A ZONING CHANGE IN HILLSIDE SUBDIVISION IN ORDER TO BUILD A HOUSE. THE ZONING COMMISSIONER RECOMMENDED THAT THE WHOLE SUBDIVISION BE REZONED AS THE PREDOMINANT USE OF THIS PROPERTY IS SINGLE FAMILY WITH A FEW TRAILERS. MR. WALKER STATED THAT THE SURROUNDING PROPERTY OWNERS WERE NOTIFIED AND NO OBJECTIONS WERE RAISED AT THE ZONING MEETING. -25- . l 197 609K 21 ?V'4 5 a BOB BERG, ASSISTANT PLANNING DIRECTOR APPEARED AND STATED THAT HE AGREED WITH MR. WALKER. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD AT THIS PUBLIC HEARING. KATHERIN EALY, P.O..Box 491, WABASSO APPEARED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 74-94 REZONING HILLSIDE SUBDIVISION FROM C-1 COMMERCIAL DISTRICT TO R-1 SINGLE FAMILY DISTRICT AS ADVERTISED. THE EFFECTIVE DATE OF THIS RESOLUTION SHALL BE JANUARY 2, 1975. -26- DEG 18 19740 0OOK - 21 i'AGE 246 k,. i RESOLUTION NO. 74-94 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows:' 1. That the Zoning Map be changed in order that the follow- ing property comprising Hillside Subdivision, situated in Indian River County, Florida, to -wit: Lots 1 through 11, Block 1; Lots 1 through 26, Block 2, LESS Lots 16 and 17; Lots 1 through 12, Block 3, Hillside Subdivision; 58th Avenue at West Wabasso Road. Be changed from C -i Commercial District, to R-1 Single Family District. All within the meaning and intent and as set forth and de8crib- ed in said Zoning Regulation. The effective date of this resolution is January 2, 1975. -27- e X- 21 PAG -1247 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS-J:4jRK,,. 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 a --- -- — -- --in the matter of __�,�* the -------------------- - Court, was pub- lished in said newspaper in the issues of _—._�LlriL�_..�____� l_—y'—___— 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 one further says that he has neither paid nor promised any person, fine or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this ----- – ___ _day o _ ,_—_ A.D.-LU (Business Manager) (Clerk o Circuit Court, Indian River County, Florida) (SEAQ THELMA CLEVELAND APPEARED AND STATED THAT SHE WOULD LIKE TO BUILD A HOUSE ON HER PROPERTY, BUT IT IS ZONED C-1 COMMERCIAL DISTRICT, -2a- NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of 'Indian River County, Fl: rida, has .tentatively approved thn following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes land additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to - wit: From the Northeast corner of, the North 1/2 of the S E r/4 of the NE 1/4 of Section 7, Township 31 -South, Range 39 -East, In. dian River County, Florida; run South on the section line a distance of 270 feet; thence run North 79 degrees, 19 minutes East a distance of 321.3 feet; thence run North 10 degrees, 41 minutes West a distance of 80 feet to a Point of Beginning of the Southwest comer of the 15 foot easement for ingress and egress across the West side of Parcel "B"; thence run North 79 degrees, 33 minutes East a distance of 151.1 feet to the West shore of the Indian River; thence run North 33 degrees, 52 minutes West a distance of 101.49 feet to the intersection of the South right- of-way line of a 40 foot private read; thence nm South 68 degrees, 17 minutes West on said right-of-way a distance of 134.68 feet to the NorMeast corner of Parcel "C"; thence run South 27 degrees, 32 minutes East a distance of 72.15 feet to said Point of Beginning. Containing 0.27 acres more or less. (Being designated as Parcel "B" on unrecorded Certificate of Survey of the lands known as "'ROUSSEAU RIVER - SHORES"; dated May 8, 1963, -prepared by R. D. Carter Engineering Firm, Inc., Vero Beach, Florida.) TOGETHER WITH the right of ingress and egress over a private road. • Be changed from CA Com- mercial District, to R-1 Single i - Family District. A public hearing in relation �thereto at which parties in interest and citizens shall have an op- portunity to be heard will beheld by said Zoning Commission in the County Commission Room, Indian , River County Courthouse, Vero Beach, Florida, Thursday, November 21, 1974, at 7:30 P.M., i after which a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be ' held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, December 18, 1974, at 2:00 P.M. Board of County Commissioners Indian River County By: Alma Lee Loy Chairman Indian River County Zoning Commission By: Ralph Sexton Chairman Nov. 3, 1974. BOOK -4-1 � -4248 BOB BERG, ASSISTANT PLANNING DIRECTOR APPEARED AND STATED THAT THIS PROPERTY IS NOT IN A RECORDED SUBDIVISION AND THE LAND USE INDICATES A LOW DENSITY RESIDENTIAL AREA. THE CHAIRMAN ASKED •IF ANYONE PRESENT WISHED TO SPEAK. 4 THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 74-95 REZONING AS REQUESTED BY CHARLES A. AND THELMA Y. CLEVELAND AS ADVERTISED AND THAT THE EFFECTIVE DATE BE JANUARY 2, 1975. s -29- DEC. 18 1971- BOOK 21 ?Ab'E249 0 RESOLUTION NO. 74-95 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board -did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of.County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1.• That the Zoning Map be changed in order that the follow - ling property owned by Charles A. and Thelma Y. Cleveland, situated in Indian River County, Florida, to -wit: From the Northeast corner of the North 1/2 of the SE 1/4 of the NE 1/4 of Section 7, Township 31 -South, Range 39 - East, Indian River County, Florida; run South on the sec- tion line a distance of 270 feet; thence run North 79 de- grees, 19 minutes East a distance of 321.3 feet; thence run North 10 degrees, 41 minutes West a distance of 80 feet to a Point of Beginning of the Southwest corner of the 15 foot easement for ingress and egress across the West side of Parcel "B"; thence run North 79 degrees, 33 minutes East a distance of 151.1 feet to the West shore of the Indian River; thence run North 33 degrees, 52 minutes West a distance of 101.49 feet to the intersection of the South right-of-way line of a 40 foot private road; thence run South 68 degrees, 17 minutes West on said right-of-way a distance of 134.68 feet to the Northeast corner of Parcel "C"; thence run South 27 degrees, 32 minutes East a distance of 72.15 feet to said Point of Beginning. Containing 0.27 acres more or less. (Being designated as Parcel "B" on unrecorded Certificate of Survey of the lands known as "ROUSSEAU RIVERSHORES:" dated May 8, 1963, prepared by R. D. Carter Engineering Firm, Inc., Vero Beach, Florida.) TOGETHER WITH the right of ingress and egress over a private road. Be changed from C-1 Commercial District, to R-1 Single Family District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. Effective as of January 2, 1975. - 70 BOOK 21 PAGEIrQ 0 THE HOUR OF 2:00 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, 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 t��/��� Y he matter of _j`.-�X_ 10 ' ii' Court, was pub - lished In said newspaper in the issues of — , -�t 0 ��- -- — 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. Sworn to and subscribed before me this __._ 1__ -day oo�f___/�(/ZL--��_ -/-1 -- -XI--♦ (Clerk of the Cirmg'Court, Indian River County, Florida) (SFAU r,' 0 THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, TO AP— PROVE THE ZONING CHANGE AS RECOMMENDED BY THE ZONING COMMISSION AND AS ADVER— TISED EFFECTIVE .JANUARY Z, 1975. MR. FINLEY APPEARED IN FAVOR OF THE REZONING. —31- NOTICE NOTICE IS HEREBY GIVEN 'hat the Zoning commission of Indian River County, Florida, has tentatively approved the following changes and - additions to the Zoning and of Indian River County, Florida, which changes and additions are substantially as follows: I'That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to. wit: All of Tract 14 and the un. subdivided portion of Tract 13, of Section 21, Township 32 - South, Range 39 East; Be changed from M-1 Restricted Industrial District, to R IRM Residence -Mobile Home District. All of the subdivision of Crystal Sands, as recorded in Plat Book 8, page 16, of the public records of Indian River County, EXCEPT Lot 1, Block 1. AND The east 940' plus-minus of Tract 8; the east 315' Plus- minus of Tract 1; the east 280 plus minus of Tract 9; all in Section 28, Township 32 -South, Range 39 East; Be changed from M-1 Restricted Industrial District, to R -I Single Family District. Tracts11, 10 and the West 660' of Tract 9, the east 690' plus- minus of Tract 12, the East 330' plus-minus of Tract 5, the West 197' plus minus of Tract 6, all in Section 28, Township 32 - South, Range 39 East; Be changed from M 1. Restricted Industrial District to LM -1 Light Manufacturing District. The east 115' plus minus of Tract 2, and the following described parcel of land; commence at a point being the intersection of the north -south dividing line between Tracts 1 and 2, Section 28, Township 32 - South, Range 39 -East, run east along said line 145' plus-minus to the point of beginning; thence run south 170' to a point; thence east 100' to a point; thence south 1,130' plus- _ minus to a point; thence run east 408.75' plus minus to a point; thence run north 1,300' plus minus to a point; thence run east for 165' plus-minus to a point; thence north for 261' plus-minus; thence run west to the point of beginning; Be changed from M•1 Restricted Industrial District, to R-2 Multiple Family District. A public hearing in relation thereto at which parties in interest and citizens shall have an op. portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, ` November 21, 1974, at 7:30 P.M., after which a public hearing, in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River ,County, Florida, in the County Commiss,on Room, Indian River County Courthouse, Vero reach, Florida, on Wednesday. D,,cember 18, 1914, at 2*00 P.M. Board of County Commissioners Indian River County By Alma Lee toy Chmrman Indian River County Zonmy Cumml,swn By Ralph SvOun Cho.rfnan OU. 20, 1974, 8001 �. Fr1Gf 251 THE BOARD DISCUSSED CHANGING A SECTION OF M-1 RESTRICTED INDUSTRIAL DISTRICT TO R -IMP RESIDENCE MOBILE HOME DISTRICT INSTEAD OF R-1 SINGLE FAMILY DISTRICT AS ADVERTISED, THE CHAIRMAN CALLED FOR THE MOTION. THE BOARD UNANIMOUSLY VOTED IN FAVOR OF THE MOTION AND T THE MOTION WAS CARRIED. -32- 19776 eooK2 ivi(252 RESOLUTION NO. 74-96 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing.in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board or County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that t-i,&.follow- ing described property comprising the area of Gifford West of 43rd Avenue, situated in Indian River County, Florida, to -wit: All of Tract 14 and the unsubdivided portion of Tract 13, of Section 21, Township 32 -South, Range 39 -East; Be changed from M-1 Restricted Industrial District, to R-1RM Residence -Mobile Home District. All of the subdivision of Crystal Sands, as recorded in Plat Book 8, page 16, of the public records of Indian River County, EXCEPT Lot 1, Block 1. AND The East 9401+ of Tract 8; the east 315'+ of Tract 1; the east 280'+ of Tract 9; all in Section 28, Township 32 -South, Range 39 -East; Be changed from M-1 Restricted Industrial District, to R-1 Single Family District. Tracts 11, 10, and the West 660' of Tract 9, the east 6901+ of Tract 12, the East 3301+ of Tract 5, the West 1971+ of Tract 6, all in Section 28, Township 32 -South, Range -39 -East; Be changed from M-1 Restricted Industrial District to LM -1 Light Manufacturing District. The east 115'+ of Tract 2, and the following described parcel of land; commence at a point being the intersection of the north -south dividing line between Tracts 1 and 2, Section 28, Township 32 -South, Range 39 -East, run east along said line 1451+ to the point of beginning; thence run south 170' to a point; thence east 100' to a point; thence south 11301+ to a point; thence run east 408.751+ to a point; thence run north 13001+ to a point, thence run east for 1651+ to a point, thence north for 261'+; thence run west to the point of beginning; Be changed from M-1 Restricted Industrial District, to R-2 Multiple Family District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. The effective date is January 2, 1975. -pEG.181971� Book 21 iv'1253 DEWEY WALKER, ZONING DIRECTOR INFORMED THE BOARD THAT SAMUEL TUZ APPEARED BEFORE THE BOARD ON SEPTEMBER ZS, 1974, RE- QUESTING APPROVAL TO CONSTRUCT A FENCE AROUND THE PERIMETER OF HIS PROPERTY. THE BOARD GRANTED A PERMIT TO CONSTRUCT A FENCE IN ACCORDANCE WITH THE PLANS SUBMITTED BY MR. TUZ, SUBJECT TO THE CONDITION THAT MR. TUZ NOT PUT A FENCE ACROSS ANY EASEMENTS, MR.WALKER STATES THAT MR. TUZ HAD A DRAINAGE DITCH ON HIS PROPERTY AND HE'FlULED THAT DITCH IN ORDER TO PUT UP HIS FENCE. BY FILLING IN THE DITCH ON HIS PROPERTY THE SURROUNDING AREAS WILL BE FLOODED IN THE EVENT WE HAVE HEAVY RAINS. THE ADMINISTRATOR SUGGESTED ANGLING THE DITCH AROUND MR. TUz'S PROPERTY. THE BOARD AGREED THAT THIS SHOULD BE CHECKED OUT WITH ATTORNEY BURCH AND THAT IT SHOULD BE PUT ON THE AGENDA FOR THE NEXT MEETING. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO ADVERTISE FOR BIDS OF AERIAL PHOTOGRAPHS OF THE COUNTY, AS REQUESTED BY HOMER C. FLETCHER, TAX ASSESSOR. THECHAIRMAN INFORMED THE COMMISSIONERS THAT THE BOARD OF COUNTY COMMISSIONERS SITS AS THE CIVIL DEFENSE ADVISORY COUNCIL AND ED .JACKSON, CIVIL DEFENSE.DIRECTOR HAS REQUESTED EACH COM- MISSIONER TO SUBMIT THE NAME OF A PERSON WHO WOULD SERVE AS THEIR ALTERNATE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 74-97. _34- .1811970 gook1, w1254 p 11 RESOLUTION NO. 74-97 WHEREAS, inflationary costs have resulted in an additional demand on the County's revenues; and WHEREAS, Federal Revenue Sharing monies represent a loss of County improvements; and WHEREAS, General Revenue Sharing Legislation will be considered by the 94th Congress; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, does hereby urge that: 1. General Revenue Sharing be continued in its present form. 2. Passage of such General Revenue Sharing Legislation be a primary objective of our Senators and Congressmen. BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Indian River County delegation in Washington, D. C. and all Counties in the State of Florida, requesting support for General Revenue Sharing and passage of a similar Resolution by the Governing Board of each County requesting the continuation of Federal Revenue Sharing. DONE AND ADOPTED in regular meeting of the Board of County Commissioners herein assembled this 18th day of December, 1974. Attest: Ralph Hay-'ris, Clerk^ (SEAL) BOARD OF COUNTY COMMISSIONERS OF INDIANNN RIVER COUNTY, FLORIDA By Alma Lee Loy, Chairman/,,T the Board wK -21 PAG[255 J I 1' O M. ' s .JACK SEWELL SPECIAL INVESTIGATOR WITH THE STATE ATTORNEY'S OFFICE APPEARED AND PRESENTED TWO RECOMMENDATIONS FOR RENTAL OFFICE SPACE FOR THE STATE ATTORNEYS OFFICE AS REQUESTED BY THE BOARD AT THEIR LAST MEETING. J MR,StWELL STATED THAT IN THE LLOYD AND ASSOCIATES BUILDING ON 20TH STREET THERE IS 2,000 SQUARE FEET OF SPACE AVAILABE AT .$4.15 PER SQUARE FOOT WITH NO UTILITIES AND ANY RENOVATING NEEDED WOULD BE AT THE EXPENSE OF THE TENANT. MR.SEWELL CONTINUED THAT THE 2001 BUILDING OWNED BY WILLIAM LAMOLLA HAS APPROXIMATELY 900 SQUARE FEET RENTAL OFFICE SPACE FOR $500.00 PER MONTH, INCLUDING UTILITIES AND ADEQUATE PARKING FACILITIES. COMMISSIONER SIEBERT QUESTIONED IF A YEARS LEASE WITH THE OPTION TO LEASE ANOTHER YEAR IS AVAILABLE AT THE 2001 BUILDING. THE BOARD INFORMED MR.SEWELL THAT THE COUNTY WOULD REQUIRE A LEASE, THAT IT SHOULD BE FOR A MINIMUM OF ONE YEAR WITH THE OPTION TO RENT AN ADDITIONAL YEAR; AND THAT MR.SEWELL LOOK INTO OTHER RENTAL SPACES, SUCH AS, THE COMMERCIAL BANK, AND THE ZORC BUILDING. THE FOLLOWING LETTER RECEIVED FROM .JUDGE D.C. SMITH IS HEREBY BEING MADE A PART OF THESE MINUTES. S-1* 60QK -2-1 r' cq 256 D. C. SMITH CHIEF JUDGE T IIF. T rirp A � � y 66� C y 1 Stab of Xovba December 6, 1974 Honorable Board of County Commissioners Indiaif River County F Vero•?Beach, Florida 32960 Dear Commissioners: 224 COUNTY COURT HOUSE• VERO BEACH. FLA. 32960 PHONE? (3051 562.7671 J The Circuit Court of Indian River County has experienced a critical situation in obtaining court reporters for recording court proceedings for the past several months. It has been extremely difficult to obtain court reporters to service the court for the compensation allowable by the State of Florida and this court. Because of this critical situation the State Court Administrator's office has allocated and will during the last week of December or first week of January install an eight -track tape recording machine in the Circuit Courtroom here in the Court House. The aforementioned recording device has eight separate tracks with a separate microphone for each track for the purpose of recording individ- ual court participants on each track. It has already been demonstrated that this type of recording device affords a far more reliable'recording from which transcripts of the court proceedings may be accomplished, as the recording of each court participant on an individual track can be clearly identified. There are no similar accommodations in the recording device presently being used in the courtroom to separate the various participants of the court which makes transcribing the proceedings most difficult. A major problem contributing to extremely poor court proceedings tape recordings which needs to be remedied is that of the outside noises. The sensitive microphones pick up noises resulting from doors opening and closing, the swinging gate between the audience area and the actual court area of the courtroom, and foot noises of individuals moving about the courtroom. In the absence of an official court reporter the courts must rely on the tape recordings of court proceedings as actual records of the court for in court playback and for subsequent appeal purposes. It is essential that the recordings be as clearly distinquishable as possible. In view of the importance of the recordings, it is imperative that all outside n�o`ises�eilti to the extent possible. It is therefore - ----- -- requesfe at a main courtroom area an pathway area e carvgtg�and all entian&6_d6ors__ ani swingi`ng�ga�te be cushioned to rreduce. the noise In addition an L-shaped recorder station with shelves consistent with the existing judges bench material souId Be—constructe nex o ec �gsI6ti�ri'"th' courtroom: Since we invision no other early solution to our court recording problem, I would greatly appreciate your favorable and early consideration . to this request. lay Garner, my Court Administrator, will be available to work with Mr. Jack Jennings, your County Administrator or any other people you may desire on this matter. t C?n@elISI Chief Judge DCS/RG/cr cc: Hon. Jack Jennings County Administrator mo- -37- e o'u - 21 PAG[257 RAY GARNER, THE COURT ADMINISTRATOR APPEARED TO DISCUSS THE REQUESTS STATED IN JUDGE SMITH'S LETTER. MR. GARNER,,STATED THAT THE STATE WILL PURCHASE THIS EIGHT SEPARATE TRACK RECORDER AND THE RECORDER NOW IN THE CIRCUIT COURT- ROOM WILL BE MOVED TO .JUDGE SMITH'S HEARING ROOM. ON MOTION BY -COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUESTS AS STATED IN .JUDGE SMITH'S LETTER AND ALSO AUTHORIZED THE COUNTY ADMINISTRATOR TO INVESTIGATE .JUDGE GRAHAM STIKELETHER'S OFFICES REGARDING THE NOISE PROBLEM. I L.S. "TOMMY" THOMAS REPORTED TO THE BOARD THAT HE HAS CONTACTED MR. FOX, FINANCE DIRECTOR AT THE TRI -COUNTY REHABILITATION CENTER, STUART, REGARDING THEIR REQUEST TAKEN UP EARLIER IN THIS MEETING. MR. FOX INFORMED MR. THOMAS THAT HE HAD RECEIVED A LETTER FROM GEORGE MILLS, DIRECTOR, WITH THE DIVISION OF VOCATIONAL I t REHABILITATION IN TALLAHASSEE, WHICH STATED SPECIFICALLY THAT IN ORDER TO RECEIVE A GRANT OF $18,433.00 - $3,687.00 MUST BE FORWARDED BY CHECK TO TALLAHASSEE BY AUGUST 15, 1974. THEY HAVE SINCE RECEIVED AN EXTENSION OF TIME TO DECEMBER 20TH, 1974. IT WAS STATED THAT $2,500.00 WAS ALREADY SENT TO THE CENTER AND THERE IS ONLY $2,500.00 LEFT IN THE BUDGET. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY FINANCE OFFICER TO PAY THE BALANCE OF THE YEARS CONTRIBUTION TO THE TRI - COUNTY REHABILITATION CENTER IN ORDER THAT THEY MAY APPLY FOR THIS GRANT. c, we Book. C.L .�A :f 58 THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM FOSTER WRIGHT, REPRESENTATIVE OF BLUE CROSS- BLUE SHIELD RECOMMENDING TO THE BOARD AN INCREASE IN BENEFITS AT A TOTAL COST OF $172.50 PER MONTH. THE CHAIRMAN STATED THAT THE BOARD HAD AUTHORIZED A $10.00 r A DAY INCREASE IN BENEFITS AFTER WE WENT INTO OUR NEW BUDGET YEAR AND SHE SUGGESTED THAT THIS WAIT UNTIL THIS CONTRACT EXPIRES JUNE 15, 1975. THE BOARD AGREED TO PUT THIS ON THE AGENDA OF THE JANUARY 8, 1975 MEETING FOR FURTHER DISCUSSION AND REQUESTED THAT GEORGE MCKENNA APPEAR FOR THAT DISCUSSION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO CONTACT THE DEPARTMENT OF TRANSPORTATION TO REQUEST THAT A TRAFFIC LIGHT STUDY BE DONE AT OSLO ROAD AND U.S. 1 AS REQUESTED BY ALBERT HELSETH. AT THE DECEMBER 4TH, 1974 COMMISSION MEETING COMMISSIONER SCHMUCKER REQUESTED A TRAFFIC LIGHT STUDY BE DONE AT 42ND AND 43RD AVENUES ON STATE ROAD 60 AS THOSE TRAFFIC LIGHTS WERE NOT COORDINATED. THE COUNTY ADMINISTRATOR STATED THAT THOSE TRAFFIC LIGHTS ARE ACTIVATED BY TRAFFIC GOING NORTH AND SOUTH AND THAT IS WHY THE TRAFFIC LIGHTS ON STATE ROAD 60 ARE NOT COORDINATED. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COM- MISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE TYPICAL CROSS SECTION OF INDIAN RIVER BLVD, FROM 17TH STREET TO STATE ROAD 60 - STATE PROJECT NO. 88506-1602, AS PROJECTED BY THE STATE DEPARTMENT OF TRANSPORTATION. DISCUSSION FOLLOWED REGARDING THE BOARD'S STIPULATION TO MAINTAINING ROADS IN THE FELLSMERE WATER MANAGEMENT DISTRICT. THIS HAD PREVIOUSLY BEEN DISCUSSED AT THE NOVEMBER 7TH, 20TH AND DECEMBER 4TH, 1974 MEETINGS. THE BOARD AGREED THAT A COMMITTEE SHOULD BE FORMED AND THAT ATTORNEY BURCH AND THE FELLSMERE WATER MANAGEMENT DISTRICT'S ATTORNEY GEORGE HEATH BE INCLUDED AS PART OF THE COMMITTEE. -39- . 18 197f 0 CHAIRMAN LOY APPOINTED COMMISSIONER WODTKE AS CHAIRMAN OF A COMMITTEE TO WORK WITH THE FELLSMERE WATER MANAGEMENT DISTRICT OFFICIALS TO COME UP WITH A WORKABLE SOLUTION TO THE PRESENT ROAD PROBLEMS. COMMISSIONER WODTKE WILL SELECT HIS OWN MEMBERS TO WORK WITH HIM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY AD- MINISTRATOR TO APPLY FOR A TURNPIKE CREDIT CARD FOR THE USE OF THE.SUPERINTENDENT OF THE ROAD AND BRIDGE DEPARTMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED. THAT_ .JAMES ACKER, WITH THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES BE ALLOWED THE USE -OF OFFICE SPACE IN THE COUNTY WELFARE BUILDING AS IT BECOMES AVAILABLE, AS PER HIS REQUEST. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE LINE ITEM TRANSFERS FOR THE BUDGET YEAR 1973-74 AS PRESENTED BY JACK HOCKMAN, FINANCE OFFICER. -40- 8of�� . t'A�F 4 � Tgzj,-,V IZ Ana e 4M 9 T I l■{ 1 Il'11�1 1■ iii 1■i 11■I■ iiimimiiiiiimimii MINE ONE liiiiimimiiiiiimimiiiillol INN ' ■lillll■I■111111■I■lillll■I molilimisillilimimillillol minlilm!Enllmmlmllllllml I■■ MINE millilimimilillinimiN III !NlN llillimimillinnimiNilli limo, I ■111111■I��O�111■I�111111■I ��_ _ i■i millilimimilillinisioilliol millilinimilillinioNilillolim, MINE molilimiNwillinimillilimi INN INN millilimiNiii"lllmlmlilillolE milliliminiullimiNiiiiiiml INN milliliminillillmolilillmiim INN INN U70 m NINE millilimimillillolmNiillimi m milillinimillilimiNWRilliol INN millillmlwiiiiiimimiiiiiimi milillimi1iiiiiiiialmillillol EiiiiuAI�I l��l _ _- , . lid. I l a 9 s� ©I - I■100111■I■111111■I■111111■ • •' NiNMv Ol a _ I©IE�����I■111111■I■lillll■ ■■I ht1xN tl / ■■I r . �I��1■I■If�ees�l■111111■I■111111■ ■■I .. _ �� _ - _ I■Iil���e�l■111111■I■111111■ ■■I 1 . I■IIE���e�l■111111■I■111111■ �,.A4 3or l Book 211 PAC126 3 ©I - I■100111■I■111111■I■111111■ ■■I _ I©IE�����I■111111■I■lillll■ ■■I .t I■les�l��I■111111■I■11 ■■I r . �I��1■I■If�ees�l■111111■I■111111■ ■■I .. _ �� _ - _ I■Iil���e�l■111111■I■111111■ ■■I 1 . I■IIE���e�l■111111■I■111111■ • ■■i �����il■IIIC��e��■111111■I■111111■ ■■I . �I■111111■lele��'1��1■111111■ ■■I I■IIIEee�l■111111■I■111111■ ■■i I■Il��la�l■111111■I■111111■ ■■Il�� � I■Il��se�l■111111■I■111111■ ■■I ' �.� i■111111■I■17�es�l�i■111111■ Ell �llds����l■111111■I■111111■ ■■I�� - I■1��'��I■111111■I■111111■ . ■■I -� - I■1111���1■111111■I■111111■ ■■I I■111111■I■11a�1�1��I■111111■ " ■■I� �� rL■111 ■i■nElfI■111111■ : ■■I � . , I■��Il�I■111■1■ ■■i I�����n■i■m���il■111111■ . ■■1 I■111111■I■111111■i■111111■ ��I , , . , I■111111■I■111111■I■111111■ A■I � . I■111111■I■111111■I■111111■ ■■I , ,, I■11� ��!- �I■111111■!■111111■ ■■I ... I■Il�ese�l■Illlli■I■111111■ ■■I. I■Illl�e�l■11111■I■111111■ • ■■I - - . -_ - I■111111■I■IL.��-_ ._�i■1111u■ ■■I-©11� m1■11�i■111111■ ■■ rmii■111111 Ell I■111111■I■111111■I■ ■■I I■111111■I■111111■I■111111■ � .1 : ' .. I■111111■I■111111■I■111111■ !:l�91 •_ _ . ' , � . _ - , I■111111■i■111111■i■111111■ ■■IESE-. ; I■111111■I■IIAIlI■111111■ ■■I ... F .. tW_ , I■1111mmI■11 11■I■111111■ ■■� - I0111mlll©W■1111■■ .. ■■I �i�n�n■ii�nni■i■111111■ r ■■I 1■111111■1■111u1■ III ■1111 �■ .: �■I ■I I■111111■I■111111■I■111 ■ • i■11111■I■111111■I 1 u� �� ■ I■11111■I■111111■I��1� I 11 I ■ 1 ■I ■I=INN I In Ill - Book 211 PAC126 3 ,ZM 1 97f r < CN MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE TRANSFER OF ' $221,667.93, AN UNAPPROPRIATED AMOUNT, FROM THE CAPITAL FUND TO THE GENERAL FUND. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COM- P" MISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED PAYMENT OF $4,500.00 TO ADLEY AND ASSOCIATES FOR PAYMENT OF PART ONE OF THE 701 CONTRACT. THE WORK HAS BEEN COMPLETED AND APPROVED BY THE PLANNING DEPARTMENT. F ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COM- MISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF THE STATEMENT FROM RICHARD V. NEILL, ATTORNEY, IN THE AMOUNT OF $7,389.61, FOR SERVICES RENDERED IN THE EISWI.LL CORPORATION VS INDIAN RIVER COUNTY CASE. -44- 80.8 4A,W IN ACCOUNT WITH NEILL GRIFFIN JEFFRIES & LLOYD CHARTERED - ATTORNEYS P. O. BOX 1270 FORT PIERCE. FLORIDA 39450 ! 4 " 7 TO.EPHOHE 444-8200 ' N 4766 December 3, 1974 County Commission Indian River County Vero Beach, Florida 32960 Re: Eiswil Corporation vs Indian River County LEGAL SERVICES: Per attached itemization $7,250.00 COSTS ADVANCED: Jones and Jones Reporting $29.40 Raymond Reporting Service 67.20 Xerox Copies • 9.90 Telephone. Charges 9.11 Trav,4 to Vero Beach, Fla. 24.00 Total,Costs Advanced 139.61 $7,389.61 Itemization of Statement Indian River County advs Eiswil December 3, 1974 1973 Oct 29 Telephone conference with Paul Burch, Esq., attorney for County Commission Letter to Mr. Burch Nov 1 Letter from Mr. Burch enclosing his file on subject zoning application; review of same. 6 Telephone conference with Ronald Sales, Esq., attorney for plaintiff Letter to Mr. Sales File Review 13 Letter from Mr. Burch .�5 Research; review of zoning maps 16 i -Letter to Mr. Burch Preparing and filing Motion to Dismiss Research 19 Letter from Mr. Burch 20 Telephone call from Mr. Henderson Telephone call to Mr. Burch Dec 4 Receipt of notice of hearing 6 Letter to Mr. Sales 13 Telephone call to Mr. Sales -45- a 1974 Jan 3 Receipt of notice of hearing Feb. 6 Preparing for and attending hearing 7 Letter to Mr. Burch 16 Research 18 Letter (memorandum of law) to Hon. James Alderman, Circuit Judge Letter to Mr. Burch 22 Receipt of order dismissing complaint NEILL GRIFFIN JEFFRIES & LLOYD CHARTERED 1974 Feb 25 Letter to Mr. Burch Mar 26 Receipt and review of amended complaint Apr 5 Review of file 8 Preparing motion to dismiss amended complaint 10 Letter to Mr. Burch 17 Letter from Mr. Burch 18 Preparing notice of hearing Receipt of notice of hearing r 24 Receipt of notice of hearing May 9` i paring for and attending hearing f Letter to Mr. Burch Receipt and review of plaintiff's memo of law 13 Receipt of order 16 Telephone call to Mr. Thibadeau ' 23 Letter to Mr. Burch Telephone call to Mr. Sales Call from Mr. Thibadeau 29 Letter from Mr. Val Brennan, Planning Director Vero Beach 30 Letter to Mr. Burch Call to Mr. Thibadeau June 6 Review of file Research Telephone call to Mr. Sales 7 Letter to Mr. Burch Preparing and filing answer 12 Letter to Mr. Burch 18 Various telephone conferences 20 Telephone call to Mr. Thibadeau NEILL GRIFFIN JEFFRIES & LLOYD CHARTERED -46- BOOK 21 PAG1266 a -.• 1974 July 9 Receipt of motion to set cause for trial Letter from Mr. Don Wilcox of Eiswil Corp. Conf with Messrs Thibadeau and Wilcox 10 Received copy of letter from Mr. Wilcox to Mr. Brennan Preparing for and attending Commission meeting Research 19 Receipt of order setting cause for trial 20 Telephone call to Mr. Thibadeau Preparing and filing motion to shorten time Preparation of proposed order r 22 Research re interrogatories 23�,'Letter to Mr. Ben Withers, RMBR Planning Design Group Aug 7 Preparation of interrogatories to plaintiff 8 Letter to Judge Alderman 12 Trial preparation Preparing for and attending meeting with Planning Director 13 Receipt of plaintiff's motion to shorten time Receipt of notice of taking depositions of Sheriff Sam Joyce, John Kirby, Forrest Smith, Bobby Meadows, William McClure, Val Brennan, W. W. Siebert, Jr., Jack Dritenbas, Richard Bogosian, Edward Massey and Miss Alma Lee Loy 14 File review Meeting in Vero Beach with Mr. Brennan. Letter to Mr. Sales 15 Research Preparation of memorandum on expert testimony 19 Preparation of objection to interrogatories Preparation of motion for protective order Preparing notice of hearing 21 Receipt of plaintiff's notice of hearing 1974 Aug. 23 Preparing for and attending hearing on various motions Preparation of proposed order Telephone call to Mr. Burch 26 Telephone call to Mr. Thibadeau and Ms. Lloyd Letter to Mr. Brennan Letter to Mr. Withers 27 Preparing for and attending depositions in Vero Beach 28 Conference with Mr. Withers 29 Telephone calls to Messrs Bogosian and Withers and Ir Miss Loy Sept ;` Telephone call to Mr. Withers 5 Letter from Mr. Brennan enclosing answers to interrogatories and review thereof Memo from Mr. Withers and review thereof 6 Letter to Mr. Thibadeau 9 Trial preparation Telephone call to Mr. Bogosian Preparation of notice to produce 10 Preparation of answers to interrogatories for signature Telephone call to Mr. Withers 80OX, 21 wt267 0 9 11 Receipt and review of answers to interrogatories from LEGAL SERVICES (145 hours at $50) $7,250.00 NEILL GRIFFIN JEFFRIES & LLOYD CHARTERED BE Q 18 197f Book 21 'A"-,(268 plaintiff Attendance at various depositions in Vero Beach Telephone calls to Messrs Sales, Holman and Withers 12 Telephone call to Mr. Wilcox Telephone call to Mr. Thibedeau Trial preparation Letters to Miss Alma Lee Loy, Messrs. Edward J. Massey, 4ichard P. Bogosian, Jack U. Dritenbas, and Willard W. Siebert, witnesses 13 Various telephone conferences Preparing for and attending deposition of Val Brennan in Vero Beach Research 1974 Sept 16 Trial preparations Conference with Mr. Withers Memorandum to Commission 17 Preparing for and attending trial Conference with Mr. Withers Review of County Commission Meeting 18 Preparing for and attending trial 19 Research 20 Research 22 gemo to file Research 23 "Telephone call to Mr. Brennan Oct 21 'Telephone call to Mr. Brennan Preparation of Memorandum of Law 23 Telephone call to Clerk's office Letter to Mr. Sales 25 Review of file Drafting memorandum of law 28 Letter to Miss Loy 31 Receipt and review of plaintiff's memorandum of law Nov 1 Letter to Mr. Withers 8 Letter to Miss Loy Receipt and review of Judge Alderman's opinion Various telephone calls 20 Letter to Mr. Burch 26 Preparing for and attending hearing Letter to Miss Loy Preparation of proposed order Letter to Judge Alderman LEGAL SERVICES (145 hours at $50) $7,250.00 NEILL GRIFFIN JEFFRIES & LLOYD CHARTERED BE Q 18 197f Book 21 'A"-,(268 0 a RICHARD V. NEILL, ATTORNEY REPRESENTING THE COUNTY IN THE EISWILL VS INDIAN RIVER COUNTY CASE INFORMED THE BOARD THAT A NOTICE OF APPEAL HAS BEEN FILED BY THE PLAINTIFF AND ATTORNEY NEILL QUESTIONED IF THE BOARD WISHED HIM TO CONTINUE.HIS DEFENSE OF ACTION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED RICHARD V. NEILL, ATTORNEY TO CONTINUE HIS DEFENSE OF ACTION IN THE CASE OF EISWILL VS INDIAN RIVER COUNTY. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPOINTED ALFRED WEBBER AS THE BOARD'S REPRESENTATIVE TO THE INDIAN RIVER COUNTY COUNCIL ON AGING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED THAT THE PUBLIC HEARING AMENDING SECTION 4- OF ZONING ORDINANCE 71-3 SCHEDULED FOR 11:00 O'CLOCK A.M. TODAY BE TABLED UNTIL THE NEXT MEETING OF JANUARY S, 1974 AT A TIME SET BY THE COUNTY ADMINISTRATOR. COMMISSIONER WODTKE INFORMED THE BOARD OF A DEPLORABLE SITUATION ON U.S.1 SOUTH REGARDING MAINTENANCE OF THE GRASS AND SHRUBBERY AND GENERAL UP -KEEP . THE ADMINISTRATOR WILL INVESTGATE THE MAINTENANCE SCHEDULE OF U.S. 1 NORTH AND SOUTH. COMMISSIONER MASSEY REQUESTED THE COUNTY ADMINISTRATOR TO FOLLOW THRU WITH HOSPITAL SIGNS DIRECTLY TO THE HOSPITAL AND NOT ONLY ON MAIN THOROUGHFARES, THE ADMINISTRATOR WILL CHECK WITH THE DEPARTMENT OF TRANSPORTATION AND FOLLOW THRU. CHAIRMAN Loy INFORMED THE BOARD THAT FUNDS FOR A STUDY SUBSIDIZED BY THE FEDERAL AND STATE GOVERNMENT TO PROTECT ALL LAND ON THE COASTLINE IN THE UNITED STATES, BUT MORE PARTICULARLY IN THE STATE OF FLORIDA, HAS BEEN RELEASED. THIS STUDY WILL ENCOMPASS A 10 MILE WIDE STRETCH OF LAND FROM THE COASTLINE INLAND. THE FIRST PART OF THE PROGRAM AND BASIC INFORMATION THAT THE STATE IS REQUIRED TO PRODUCE, VAL BRENNAF INDIAN RIVER COUNTY PLANNING DIRECTOR HAS INDICATED HIS DEPARTMENT HAS A MAJOR PORTION OF THIS INFORMATION ON HAND WITH THE EXCEPTION OF ONE OR TWO ITEMS. THE STATE LEGISLATURE HAS ALLOCATED TO THE -49- Book l I -50- �o2 t r' EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL APPROXIMATELY $27,660.00. FOR PART I OF THIS STUDY, CHAIRMAN Loy CONTINUED THAT WE HAVE THE OPTION TO LET THE EAST CENTRAL FLORIDA REGIONAL PLAN- NING COUNCIL KEEP THIS MONEY AND THEY WILL SEND A REPRESENTATIVE HERE AND DO THIS WORK, OR WE CAN TAKE THE MOENY AND HAVE OUR t PLANNING DEPARTMENT DO THE WORK. IT IS RECOMMENDED THAT OUR PLANNING DEPARTMENT BE AUTHORIZED TO UNDERTAKE THIS PROJECT AND THAT THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL ALLOCATE APPROXIMATELY $4,000.00 TO INDIAN RIVER COUNTY, THE INFORMATION THAT THE PLANNING DEPARTMENT DOES NOT HAVE WILL TAKE TWO ADDITIONAL EMPLOYEES ABOUT SIX MONTHS TO RE- ' SEARCH. THIS REPORT MUST BE FINISHED BY .JUNE, 1975. UNDER THE OLD EMERGENCY EMPLOYMENT PROGRAM THERE ARE FUNDS AVAILABLE AND THE PLANNING DEPARTMENT COULD HIRE TWO PEOPLE UNDER THIS PROGRAM, THERE IS $13,358.73 AVAILABLE UNDER THE OLD EMERGENCY EMPLOYMENT GRANT WHICH COULD BE -TRANSFERRED TO THE CITY OF VERO BEACH, WHO -WILL ADMINISTER THESE FUNDS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE FOLLOWING: QA RESOLUTION TO THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNFIL INFORMING THEM THAT OUR PLANNING DEPARTMENT WILL DO PART ONE OF THE COASTAL COORDINATING COUNCIL PROJECT STUDY AND THE COUNTY WILL RECEIVE APPROXIMATELY $4,000.00 AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN AFTER REVIEW AND APPROVAL OF THE COUNTY ATTORNEY; A RESOLUTION TO TRANSFER THE BALANCE OF FUNDS FROM THE OLD EMERGENCY EMPLOYMENT PROGRAM IN THE AMOUNT OF $13,358.73 TO THE CITY OF VERO BEACH AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. -50- �o2 t r' RESOLUTION No. 74-98 At the December 18th, 1974 meeting of the Board of County Commissioners a Motion was made by. Commissioner Massey, seconded by Commissioner Siebert, and unanimously passed to transfer the balance of funds under the old Emergency Employment.Program, of $13,358.73 to the City of Vero Beach who will administer these funds. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 1 Alma Lee Loy, Chairman Attest: Ralph hYarris, Clerk DEC 18197BOOK 21 PaEE271 b J I THE FOLLOWING RESOLUTION No. 74-91, ADOPTED BY THE BOARD AT THEIR DECEMBER 4, 1974 MEETING, HAVING BEEN COMPLETELY SIGNED IS HEREBY BEING MADE A PART OF THESE MINUTES. -52- ooa� -2t ,A-[ 272 RESOLUTION NO. 74-91 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 ' This Resolution shall be known and may be cited as WHISPERING PALMS TOO MOBILE VILLAGE UTILITY FRANCHISE. I s; 8 197 For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present terms include the future; words in the plural number include the singular and vice versa. The word "Shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida; (b) "Owners" are the Grantees of the rights under this franchise, that is, DORMAL W. ALLEN and ISABELLE ALLEN, his wife; and HAROLD W. ALLEN and I'ERMA ALLEN, his wife. (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Utilities De- partment; (e) "Person" is any person, firm, partnership, association, 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 subdivisions, apartment and housing complexes, condominiums, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment em 21_,v:f 273 M M facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is providing or proposes to provide sewer service to the public. SECTION 3 There is hereby granted to the Owners by the County, the exclusive franchise, right and privilege to erect, construct, operate and maintain a water and sewer system within the prescribed territory as herein provided and for these purposes to sell water and sewerage collection and treatment services within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along under and across the public alleys, streets, roads, highways and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for any and all 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: PARCEL 1 The South 10 acres of the SW 1/4 of the SE 1/4 of Section 17, Township 31 South, Range 39 East, lying West of the Dixie Highway, being a portion of the first tract of land described in a certain deed by Kate A. Braddock and William C. Braddock, Jr., her husband, to M. C. Kirk and Charles B. Jennings, dated April 29, 1919, recorded in Deed Book 35, page 109, St. Lucie County records; excluding any land lying West of the West right-of- way line of the Florida East Coast Railroad; and Beginning at a point in the center of State Road No. 4, where the South boundary line of the SW 1/4 of the SE 1/4 of Section 17, Township 31 South, Range 39 East, intersects said road; thence run West along said boundary line a distance of 76.8 feet to the center of the old public road; thence North _2_ eooK 274 25 deg. 16 min. West along the center of the old public road 465.9 feet; thence East 70.5 feet to the center of said State Road No. 4; thence Southerly along State Road No. 4 a distance of 465.9 feet more or less to point of beginning. Containing .71 acres and being in the SW 1/4 of the SE 1/4 of Section 17, Township 31 South, Range 39 East; all of said land situate in Indian River County, Florida. PARCEL 2 ' The North 1/2 of the North 1/2, of the Northwest 1/4 of the Northeast 1/4 of Section 20, . Township 31 South, Range 39 East, lying West of U.S. Highway No. 1, and East of Florida East Coast Railway, and also the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 20, Township 31 South, Range 39 East, lying West of U.S. Highway No. 1. Said land lying and being in Indian River County, Florida. PARCEL 3 The South 1/2 of the North 1/2 of the Northwest 1/4 of the Northeast 1/4, Section 20, Township 31 South, Range 39 East, lying West of U.S. Highway No. 1, and East of the Florida East Coast Railway; and also the South 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 20, Township 31 South, Range 39 East, lying West of U. S. Highway No. 1. Said land lying and being in Indian River County, Florida. SECTION 5 The Owners 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 reso- lution or ordinance provide . SECTION 6 It is expressly understood and agreed by and between the Owners and the County that the Owners 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 negligence on the part of the Owners in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Owners may be prosecuted directly by such person against the Owners as if no governmental immunity accrued to the County by virtue of the Owners' use of a public place of the County. The County shall notify the Owners promptly after presentation of any claim or demand. -3- onak - 21 � t, 275 SECTION 7 The Owners shall maintain and operate their plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Botwd from time to time. Additionally the Owners shall comply with all requirements of the Department of Health and Rehabili- tative Services, Division of Health, the Department of Pollution Control, the Indian River County Utilities Department.and appropriate planning agencies relative to construction, design, operation, capacity, maintenance and ex- pansion. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted 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 Owners shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant thereto (except the treatment plant and the site for same) lying within Indian River County without charge to the County. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in f the limits of any municipality of the State of Florida, then in such event the Owners agree as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all the property, assets and facilities of the Owners without charge used in its services under this franchise. O Owners shall commence construction of their sanitary sewer -4 - em 2t:Q::E 276 C 0 treatment and collection system within 90 days from date, otherwise the franchise created hereby may become void and of no further force or effect at the option of the Board. All the facilities of the Owners shall be constructed only in accordance with plana and specifications approved by the State Board of Health of the State of Florida and the Indian River County Utilities Depart- ment and the quantity and quality of sewerage treatment shall at all times be and remain not inferior to the rules, regulations and standards now or here- after adopted by the State Board of Health. Whenever it is necessary to shut off or interrupt services for the purpose of making repairs or installations, the Owners shall do so at such time as will cause the least amount of in- convenience to its consumers and unless such repairs are-unforseen and immediately necessary, it shall give reasonable notice thereof to their customers. SECTION 9 (a) The Owners shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of their business as shall be reasonably necessary to enable the Owners to exercise their rights and per- form their obligations under this franchise, and to issue an 'uninterrupted service to such and all of their consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. (b) At all times herein where discretionary power is left with the Board of County Commissioners, the Owners, before discretionary action is taken by the Board of County Commissioners, may request said Board that a group of arbitrators be authorized to determine such discretionary action and such group shall consist of: 1. Board's Consulting Engineer 2. Company Engineer -5- a 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted shall make recommenda- tions to the Board of County Commissioners but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, may be appealed to the Circuit Court of Indian River County by either party. SECTION 10 All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Owners 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 Owners shall whenever practicable avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or cher surfacing, the Owners shall at their 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 con- dition 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 public way, the Owners shall, upon reasonable notice by the County, remove, relay, and relocate their fixtures at their own expense. The Owners shall not locate any of their facilities nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Owners shall have located their facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Owners thereto, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Owners, in advance, their costs of removal and relocation M DEC. 1 1977 eaok 1 278 of the removed facilities in order to continue their service as theretofore existing, or in the County shall retain an easement not less than ten feet in width for the benefit of the Owners and their facilities. SECTION 11 The Owners 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 subject any person to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedule to which any consumer coming within such classification would be entitled. SECTION 12 (a) The Owners shall furnish, supply, install and make available their water and sewer collection and treatment system to any and all persons within the territory making demand therefor, and shall provide such demanding person with their services and facilities within 120 days from the date of such demand; provided, however, that the Board may, upon application of the Owners, extend the time for providing such service to such demanding person. In the event the Owners fail to provide their 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 Owners 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 provisions of this franchise shall not extend beyond the limits of the area so restricted and defined. (b) The Owners shall not be required to furnish, supply, install and make available their water and sewer collection system and treatment system to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Owners as shall make the addition proposed, financially -7- -;- D E G. 7 --DEG. 1 17 A7- wk 29 e M and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Owners for all the services under this franchise, to the end, that such rate will produce to the Owners a sum sufficient to meet all necessary costs of the services; including a fair rate 11� of return on the net valuation of their property devoted thereto, under efficient and economical management. The burden of showing that a pros- pective service to the area is not financially feasible shall be the burden of the Owners. SECTION 13 The Owners shall not sell or transfer their plant or system to another nor transfer any rights under this franchise to another without the approval of the Board and provided, further, that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the 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 Owners to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information con- cerning the financial status and other qualifications of the proposed trans- feree and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. The 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 un- reasonably withheld. son 21 A:, 280 J M r. DEC 7 SECTION 14 The rates charged by the Owners for their service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of their properties devoted thereto under efficient and economical management. The Owners agree that they shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Owners shall have authority to charge and collect not to exceed the following rates: RATES Water $5.00 per month Sewer $5.00 per month Owners' 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 the Owners in the basis of their 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 Owners' plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Owners and to all other records, required to be kept here- under, and they shall file such accounting reports and data with the County when required. _ The Owners shall at all times maintain public liability and property damage insurance in such amounts as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Owners. The County shall be named as an additional insured on all such policies of insurance and a copy of the policy shall be delivered to the County Administrator. If any person serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such utility and the Owners after request is made upon them by the Board, fail to satisfy or remedy such complaints or objections or fail 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 Owners for the services which they furnish or the nature and character of the service they furnish or the quality of services furnished. If the Board enters its order pursuant to such a hearing and the Owners feel it is aggrieved by such order, the Owners may seek review of the Board's action by proceedings in the Circuit Court of the County, otherwise, the Owners shall promptly com- ply with the order of the Board. SECTION 17 Should the Owners desire to increase any charges heretofore established and approved by the Board, then the Owners shall notify the Board in writing, setting forth a schedule of rates and charges which they propose. 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, approve or disapprove said increase in rates within ninety (90) days of said public hearing. If the Board enters order pursuant to said hearing and the Owners or any person feels aggrieved by such order, then the Owners or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. -10- DEQ. l `�9� eoo� �Act�� M M SECTION 18 Prior tothe Owners constructing any of their facilities as herein authorized the Owners shall make application to and obtain a permit from the Indian River County Utilities 'Department authorizing said construction. The County shall have the right when special circumstances exist to determine the time in which such construction shall be done. SECTION 19 If the Owners fail or refuse to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Owners written notice of such deficiencies or defaults and a reasonable time within which the Owners shall remedy the same, which notice shall specify the deficiency or default. If the Owners fail to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Owners and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons therefor are found by the Board. If the Board enters order pursuant to such hearing and the Owners or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 20 This franchise shall not affect, limit or restrict the rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. 4 SECTION 21 The franchise and rights herein granted shall take effect and be aooK 21 fAGE283 I I in force from and after the time of the adoption of this Resolution by the Board and shall continue in force and effect until such time as the County, a municipal corporation of the State of Florida, within the territory of this franchise, may install or acquire its own water system and sewerage collection and treatment system and supplies the same to individual customers at which time, Owners will convey all of their facilities (except for sewer treatment plant and plant site) and easements for location of same as Owners may own, free and clear of all liens or .mortgages, to said County without charge; provided, however, that within sixty days from the time of the adoption of this Resolution, the Owners shall file with the Board their 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 specif ied, then the provisions of this franchise shall be null and void. SECTION 22 If any word, section, clause or part of this Resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County 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 4th day of December, 1974. Signed, sealed and delivered in the presence of: COUNTY OF INDIAN RI/VER, FLORIDA j 16 2 E \, C r A.o.ti. �. By�,r .G�Y►7 ��u/ �a �� As Chairman of the Board of County rCommissioners Attest: erk -12- soot 21 PAGc-2 DEC. 181974 ACCEPTANCE OF FRANCHISE The undersigned hereby accept the foregoing franchise and for themselves and their successors and assigns, do hereby covenant and agree to comply with and abide by all the terms, conditions and provisions therein set forth and contained. DATED this 4th day of December 1974 4Ae Isabelle Allen Harold W. Allen 1 rma Allen 0 Approved as t o m: By: T ounty tt rney I -13- BflflK 21 PAGES 10 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. 3574 - 3632 INCLUSIVE; ROAD AND BRIDGE FUND NOS. 1871 - 1920 INCLUSIVE; FINE AND FORFEITURE FUND NOS. 802 - 812 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF 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 6:35 O'Ci-OCK P.M. ATTEST: CLERK CHAIRMAN ` DEC 18 197Y 21 pac(286 m�