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HomeMy WebLinkAbout2/5/1975`WEDNESDAY, FEBRUARY 5, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, FEBRUARY 5, 1975 AT 8:30 O'CLOCK A.M. PRESENT WERE ALMA LEE LOY, CHAIRMAN; WILLARD W. SIEBERT, JR., VICE CHAIRMAN; EDWARD J. MASSEY, EDWIN S. SCHMUCKER AND WILLIAM WODTKE. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, COUNTY COORDINATOR; JACK HOCKMAN AND ELIZABETH FORLANI', DEPUTY CLERKS, PAUL D. BURGH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS PRESENT FOR PART OF THE MORNING SESSION AND ,GEORGE G. COLLINS, ATTORNEY SAT: IN FOR HIM DURING THE REMAINDER OF THE MEETING. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER MASSEY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND FATHER JOHN B. O'HARE FROM ST. HELEN'S CATHOLIC CHURCH GAVE THE INVOCATION. THE CHAIRMAN THEN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JANUARY 22, 1975. COMMISSIONER WODTKE REQUESTED ON PAGE 18, SIXTH PARAGRAPH, THIRD LINE,•THE WORD "APPROVAL" BE CHANGED TO READ "TRAVEL". COMMIS$IONER SIEBERT REQUESTED ON PAGE 2, SEVENTH PARAGRAPH, LAST LINE, THE WORD "SHOULD" BE CHANGED TO READ "COULD" ; AND ON • PAGE 6, THIRD PARAGRAPH, THE SENTENCE READING "...STATE INCREASES BENEFITS..." BE CHANGED TO READ "....STATE INCREASES WORKMEN COM_ PENSATION BENEFITS...."; AND THE FOURTH PARAGRAPH THAT SENTENCE READING '...INCREASE IN OUR PREMIUMS .."BE CHANGED TO READ "...INCREASE IN OUR AUTOMOBILE INSURANCE PREMIUMS...": AND ON PAGE 13, SECOND PARAGRAPH BE CHANGED TO READ AS FOLLOWS: "ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO INSTRUCT THE COUNTY ADMINISTRATOR TO HAVE LOT 29, BLOCK 22, ROYAL PARK SUBDIVISION CLEANED." CHAIRMAN LOY REQUESTED ON PAGE 6, FIFTH PARAGRAPH, BE CHANGED TO READ AS FOLLOWS: 80 -OK 42 PAGE 34 FER 51975 "MR. SCHLITT CONTINUED THAT ROYAL GLOBE INSURANCE COMPANY, MWHICH HAS THE COUNTY'S WORKMEN COMPENSATTON, AUTOMOBILE AND GENERAL LIABILITY INSURANCE COVERAGE DECIDED TO CANCEL OUR INSURANCE CONTRACT ON MARCH 8, 1975, WHICH IS THE SECOND ANNIVERSARY DATE OF A THREE YEAR CONTRACT. CHAIRMAN LOY REQUESTED ON PAGE 3, SECOND • PARAGRAPH; FIRST SENTENCE, THE WORD "ROAD" BE CHANGED TO READ "BLVD ". THESE CORRECTIONS HAVING BEEN MADE A MOTION WAS MADE BY COMMISSIONE! SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JANUARY 22, 1975, AS WRITTEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC HEARING TO ABANDON 300 FEET OF SEBASTIAN AVENUE, FORMERLY BAY STREET, IN THE TOWNSITE OF ROSELAND, AS REQUESTED BY JAMES T. PATTERSON. THE COUNTY ADMINISTRATOR INFORMED THE.BOARD OF A REQUEST FOR ROAD MAINTENANCE OF TWO NEW STREETS IN ERCILDOUNE SUBDIVISION BY ROBERT R. DUERDEN. HE CONTINUED THAT THIS IS AN OLD RECORDED SUB- DIVISION. THE BOARD DISCUSSED THE FACT THAT THIS IS A RECORDED SUBIDIVISION. BUT UNLESS THE ROADS ARE BROUGHT UP TO COUNTY SPECIFICATIONS, THEY CANNOT BE ACCEPTED BY THE COUNTY FOR MAINTENANCE. ATTORNEY BURCH STATED THAT JUST BECAUSE A PERSON DEDICATES A, ROAD TO THE PUBLIC DOES NOT MEAN THE COUNTY HAS TO MAINTAIN THAT ROAD. THE COUNTY HAS TO FORMERLY ACCEPT THE ROAD FOR MAINTENANCE,AND IT SHOULD BE STATED ON THE PLAT THAT'THE COUNTY WILL ACCEPT THESE ROADS FOR MAINTENANCE." COMMISSIONER SCHMUCKER STATED THAT WE HAVE BEEN MAINTAINING OTHER STREETS IN THIS SUBDIVISION AND HE SUGGESTED THAT THEY OPEN -UP AND MARL THESE NEW STREETS, AND THE COUNTY MAINTAIN THEM. COMMISSIONER SIEBERT STATED THAT THOSE ROADS WOULD BE OPENED UNDER MINIMUM SPECIFICATIONSJNOT ACCORDING TO TODAY'S REQUIREMENTS AND THERE ARE MANY OLD SUBDIVISIONS IN THIS COUNTY WHERE ROADS COULD BE OPENED AND MARLED AND THEN THE COUNTY BE EXPECTED TO GO IN AND MAINTAIN THEM. COMMISSIONER SCHMUCKER STATED THAT THE COUNTY IS NOW GRADING -2- 800k 22 PAGE 35 MOST ROADS IN ERCILDOUNE SUBDIVISION, UNIT 1 AND UNIT 2. COMMISSIONER SCHMUCKER SUGGESTED THAT THE BOARD INSTRUCT THE COUNTY ADMINISTRATOR TO INSPECT ERCILDOUNE SUBDIVISION AND SEE IF THESE STREETS HAVE BEEN OPENED AND IF THEY HAVE BEEN) THAT THE COUNTY OCCASIONAL RUN THE GRADER THROUGH THESE STREETS. HE STATED THAT HE IS NOT IN FAVOR OF ACCEPTING THESE STREETS -AS THEY DO NOT MEET OUR REQUIREMENTS. A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COM- MISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY AD- MINISTRATOR TO INVESTIGATE THE CONDITIONS OF THE STREETS IN ERCILDOUNE SUBDIVISION. PETE MUSICK, LAND SURVEYOR, AND Gus HOLOWINKO APPEARED REQUESTING AN EXTENSION OF TENTATIVE APPROVAL AND A REVISION OF THEIR ORIGINAL PLAT. IN AUGUST, 1973, MR. HOLOWINKO, PRESIDENT OF WINTER BEACH LAND DEVELOPMENT COMPANY RECEIVED TENTATIVE APPROVAL OF THE EAST 450 FEET OF THE WEST ONE-HALF OF TRACT 5, SECTION 33,. TOWNSHIP 32 SOUTH, RANGE 39 EAST. ATTORNEY BURCH STATED THAT SINCE THIS HAS PASSED THE EXPIRATION DATE OF AUGUST., 1974 NO EXTENSION CAN BE GIVEN AND IT SHOULD BE CON- SIDERED AS A NEW PLAT. MR. MUSICK STATED THAT THE ONLY CHANGE BETWEEN THIS PLAT AND THE ORIGINAL PLAT IS THAT THIS'WILL BE A PRIVATE SUBDIVISION, WITH PRIVATE ROADS INSTEAD OF PUBLIC ROADS. THE LOT SIZES ARE TO REMAIN THE SAME, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF A -.NEW PLAT THE THE EAST 450 FEET OF THE WEST ONE HALF OF TRACT 5, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SQUIRES SUBDIVISION, AS REQUESTED BY WINTER BEACH LAND DEVELOPMENT COMPANY, Gus HOLOWINKO, PRESIDENT. CHARLES SULLIVAN, ATTORNEY, REPRESENTING FRED AND RICHARD MORRILL OWNERS OF ANDY'S SANITATION APPEARED REQUESTING APPROVAL TO ADVERTISE FOR A PUBLIC HEARING FOR AN ASSIGNMENT OF TRANSFER OF ANDY'S SANITATION FRANCHISE TO HARRIS SANITATION, INC. FEB 51975 -3- BOB, a PAGE 36 ATTORNEY BURCH EXPLAINED THAT THE ORIGINAL FRANCHISE APPROVED BY THE COUNTY WAS TO A.G. AND ETHEL MAE FITTZ, WHO LATER SOLD THE BUSINES. TO WILLARD D. CHADWICK AND BOBBY DORTON. IN 1970, MR. CHADWICK AND MR. DORTON SOLD THE BUSINESS TO FRED AND RICHARD MORRILL. MR. CHADWICH AND MR. DORTON WERE REQUIRED TO MAKE APPLICATION FOR AN "ASSIGNMENT TRANSFER" OF THIS FRANCHISE, BUT NO RECORD OF THIS TRANSFER HAS BEEN. FOUND. ON OCTOBER 5, 1972, A LETTER WAS WRITTEN TO THE BOARD BY ATTORNEY SULLIVAN REQUESTING INFORMATION AS TO WHAT ACTION SHOULD BE TAKEN IN ORDER TO HAVE THIS FRANCHISE TRANSFERRED TO FRED AND RICHARD MORRILL. ATTORNEY BURCH, AT THAT TIME, INFORMED MR. SULLIVAN OF WHAT REQUIREMENTS HAD TO BE MET. MR. SULLIVAN WAS UNDER THE INPRESSION THAT THESE IN- STRUCTIONS WERE CARRIED OUT, BUT THERE IS NO RECORD IN THE OFFICIAL COUNTY RECORDS THAT THEY WERE. ATTORNEY BURCH STATED THAT IF THIS FRANCHISE WAS NEVER LEGALLY ASSIGNED TO FRED AND RICHARD MORRILL) THEY CANNOT ASSIGN IT TO ANYONE ELSE. ROBERT JACKSON, ATTORNEY WHO REPRESENTS RURAL SANITATION, ANOTHER FRANCHISE HOLDER, STATED THAT THERE WERE FOUR SANITATION FRANCHISES GRANTED BY THE LEGISLATURE AND ONE OF THE REQUIREMENTS STIPULATED IN SELLING A FRANCHISE IS THAT IT BE SUBJECT TO THE BOARD'S APPROVAL. MR. JACKSON SUGGESTED THAT SINCE FRED AND RICHARD MORRILL HAVE BEEN OPERATING FOR 2 1/2 YEARS WITHOUT A FRANCHISE, THAT THE BOARD' TERMINATE THE FRANCHISE AND REJECT THEIR REQUEST. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO CONTINUE CONSIDERATION OF THIS REQUEST FROM FRED ANDRICHARD MORRILL UNTIL ATTORNEY BURCH CAN DETERMINE WHO OWNS THE FRANCHISE. ATTORNEY BURCH INFORMED THE BOARD THAT THE SUBLEASE BETWEEN MERRIMAN & RODDENBERRY AND INDIAN RIVER COUNTY FOR OFFICE SPACE IN THE PROFESSIONAL BUILDING ON 15TH AVENUE AND 21ST STREET, FOR THE STATE ATTORNEY, HAS BEEN COMPLETED, AT $400.00 PER MONTH INCLUDING UTILITIES. ON MOTION BY COMMISSIONER'WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, TO ACCEPT THE SUBLEASE AGREEMENT BETWEEN MERRIMAN & RODDEN- BERRY AND INDIAN RIVER COUNTY AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. FEL.. 5 1915 -4- ROO 22 PAGE 37 i COMMISSIONER SIEBERT ASKED IF A "RENEWAL CLAUSE" IS IN THE AGREEMENT. ATTORNEY BURCH STATED THAT IT WAS NOT. COMMISSIONER WODTKE AND COMMISSIONER SCHMUCKER WITHDREW THEIR MOTION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO ACCEPT THE SUBLEASE AGREE- MENT BETWEEN MERRIMAN & RODDENBERRY AND INDIAN RI\ER COUNTY SUBJECT TO THE ATTORNEY ADDING TO THE AGREEMENT A ONE-YEAR RENEWAL CLAUSE AT THE SAME RATE, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. ATTORNEY BURCH INFORMED THE BOARD THAT BARBARA JENKINS HAS FILED A LAW SUIT AGAINST THE CITY OF VERO BEACH AND THE DEPARTMENT OF TRANS- PORTATION OVER THE.RIGHT OF THE CITY TO DEED THE 17TH STREET RIGHT-OF-WAY TO THE COUNTY AND TO FORCE THE CITY TO OPPOSE THE COUNTY'S CONDEMNATION OF THAT RIGHT-OF-WAY. THIS SUIT WAS FILED IN LEON COUNTY, ATTORNEY BURCH SUGGESTED GOING AHEAD AND FILING THE CONDEMNATION SUIT ON THAT RIGHT-OF-WAY AND TRYING TO GET THEM CONSOLIDATED FOR TRIAL AND .HE -WOULD LIKE.THE BOARD'S APPROVAL TO WORK WITH THE ATTORNEY.FOR THE DEPARTMENT OF TRANSPORTATION AND THE ATTORNEY FOR THE CITY OF VERO BEACH, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CONSENTED TO ATTORNEY BURCH GETTING INVOLVED WITH THE LAW SUIT INVOLVING BARBARA JENKINS, IN ORDER TO PROTECT -THE COUNTY'S INTEREST. COMMISSIONER SIEBERT STATED THAT THE MOBILE HOME TIE DOWN COMMITTEE MET AND ALL INTERESTED PARTIES WERE PRESENT. REPRESENTATIVE CHESTER CLEM; DONALD ADAMS, BUILDING DIRECTOR; REPRESENTATIVES OF MOBILE HOME PARKS; MEMBERS OF THE FLORIDA COALITION OF MOBILE HOME OWNERS AND HIMSELF. THE COMMITTEE CONCURRED THAT TIE -DOWNS COULD BE WORKED OUT ON THE BASIS THAT THE COUNTY FOLLOW.THE STATE OF FLORIDA REGULATIONS ON TIE -DOWNS THAT BECAME EFFECTIVE ON .JANUARY, 1975 INSTEAD OF FOLLOWING THE COUNTY ORDINANCE. COMMISSIONER SIEBERT STATED THAT THERE IS LITTLE DIFFERENCE BETWEEN THE STATE ORDINANCE AND THE COUNTY ORDINANCE. THE STATE FEB 51975 -5- Mk 22 PAGE 38 • SAYS THAT AFTER JANUARY 1975, MOBILE HOMES MUST MEET THEIR REQUIREMENTS AND THE COUNTY STATES THAT ALL MOBILE HOMES MUST MEET REQUIRMENTS. COMMISSIONER SIEBERT STATED THAT THE COMMITTEE AGREED, IF IN MR. ADAMS OPINION A MOBILE HOME IS SAFE FOR OCCUPANCY, IT WOULD BE HIS OPTION TO ACCEPT AN ALTERNATE METHOD OF TIE -DOWN. THE ISSUING OF CERTIFICATES OF OCCUPANCY WAS ALSO DISCUSSED BY THE COMMITTEE. THE COMMITTEE ALSO REQUESTED THAT RATHER THAN THIS BEING A MISDEMEANOR IF NOT COMPLIED WITH, THAT VIOLATORS BE CITED FOR VIOLATION OF A COUNTY ORDINANCE. ATTORNEY BURCH STATED THAT IT IS A VIOLATION OF A COUNTY ORDINANCE AND IT IS PART OF THE 1968 STATE CONSTITUTION AND THERE IS NOTHING THAT CAN BE DONE TO CHANGE THAT. COMMISSIONER SIEBERT CONTINUED THAT THE COMMITTEE AGREED,IT SHOULD BE REQUIRED THAT THE PEOPLE DOING THE INSTALLATION OF TIE -DOWNS HAVE A LICENSE TO DO SO AND THAT THIS LICENSE BE REVOKABLE IF THEY ARE CITED FOR VIOLATIONS) AND THAT THEY BE BONDED FOR $1,000.00. ATTORNEY BURCH STATED THAT HE WILL MEET WITH DON ADAMS, AND COMMISSIONER SIEBERT AND PREPARE A NEW MOBILE HOME TIE -DOWN ORDINANCE. ATTORNEY BURCH LEFT THE MEETING AT 10:25 O'CLOCK A.M. AND GEORGE G. COLLINS, ATTORNEY SAT IN FOR HIM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD HAD NO OBJECTIONS TO DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS SAJSP PERMIT 74C-1341 TO CLEAN OUT SAND TRAP AND DEEPEN THE BOTTOM OF THE SAND TRAP TO A UNIFORM DEPTH AND DEPOSIT THE SAND AND ROCK MATERIAL ON THE BEACH FOR BEACH NOURISHMENT, AS REQUESTED BY THE SEBASTIAN INLET DISTRICT, HARRY C. GOODE, CHAIRMAN. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD HAD NO OBJECTIONS TO THE DEPARTMENT OF THE ARMY CORPS OF ENGINEERS SAJSP PERMIT 74C-1343, TO CONSTRUCT A 150 FOOT EXTENSION TO AN EXISTING 150 FOOT PRIVATE DOCK THAT WAS CONSTRUCTED UNDER DEPARTMENT OF THE ARMY, CORPS OF ENGINEER SAJSP PERMIT 73-1113 ISSUED DECEMBER 20, 1973, AS REQUESTED BY BURT J. SNELL. GEORGE GIPSON APPEARED BEFORE THE BOARD REQUESTING A SPECIAL EXCEPTION PERMIT IN ORDER TO BUILD A HOUSE ON HIS PROPERTY, MR. GIPSON FEB 595 eon- 22 PAGE 39 HAS OWNED THIS PROPERTY SINCE 1967, BUT IT DOES NOT MEET SUBDIVISION REQUIREMENTS. MR, GIPSON'S PROPERTY IS 50 FEET BY 10O FEET AND THZ REQUIRMENTS STATE THAT IN ORDER TO BUILD THERE MUST BE 70 FOOT FRONTAGE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION PERMIT TO GEORGE GIPSON TO BUILD ON HIS 50 BY 100.'FQOT PIECE OF PROPERTY. COMMISSIONER SCHMUCKER STATED THAT AT THE MEETING SCHEDULED BY THE DEPARTMENT OF TRANSPORTATION ON INDIAN RIVER BLVD. THERE WAS • DISCUSSION, BUT NO DESIGN FOR A BRIDGE OVER THE MAIN CANAL AT INDIAN RIVER BLVD. HE SUGGESTED THAT WE INSTRUCT THE COUNTY ADMINISTRATOR TO WRITE TO THE DEPARTMENT OF TRANSPORTATION"AND REQUEST THEM TO FORWARD THE DESIGN FOR A BRIDGE THAT THEY ARE PLANNING OVER THE MAIN CANAL AT INDIAN RIVER BLVD. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO WRITE TO THE DEPARTMENT OF TRANSPORTATION REQUESTING THEM TO ADVISE US AND WORK WITH US WHEN THEY DESIGN THE BRIDGE OVER THE MAIN CANAL AT INDIAN RIVER BLVD. THE COUNTY ADMINISTRATOR STATED THAT AT THE JULY 24, 19711 MEETING. A REQUEST FROM ESTER RYMER WAS APPROVED BY THE BOARD TO HAVE THE COUNTY FORCES MOVE'A DRAINAGE EASEMENT 20 FEET FROM THE EDGE OF AN ADJOINING COUNTY OWNEDPARK TO THE CENTER OF THE PARK AND TO .ABANDON THE ORIGINAL EASEMENT..AT MRS. RYMER'S EXPENSE. THE COUNTY ADMINISTRATOR CONTINUED THAT IF THE COUNTY FORCES AND EQUIPMENT DO THIS WORK IT WILL COST MRS. RYMER APPROXIMATELY $600.00 BECAUSE THERE ARE TREES GROWING DOWN THE MIDDLE OF THE PARK. MRS. RYMER IS NOW SUGGESTING THAT THE TREES BE LEFT AND THE NEW SWALE BE DUG AROUND THEM AND SHE WILL HAVE THE SWALE DUG. THE COUNTY ADMINISTRATOR HAD NO OBJECTION TO THE WINDING SWALE DITCH. MRS. RYMER WOULD HAVE THE SWALE DITCH DUG AND HAVE THE ORIGINAL DITCH FILLED IN AND STATED THAT AFTER INSPECTION BY THE COUNTY ADMINISTRATOR, IF IT WAS NOT SATISFACTORY THE RELEASE OF EASEMENT WOULD NOT BE ISSUED, SEB 1971, - 22. FACE 40 COMMISSIONER SIEBERT STATED THAT HE WOULD HAVE NO OBJECTION TO THE ABOVE REQUEST AS LONG AS THE GRADE IS PROPER; IT DRAINS THE WATER AND THE COUNTY ADMINISTRATOR APPROVES IT. THE BOARD HAD NO OBJECTIONS TO THE ABOVE REQUEST. THE ADMINISTRATOR CONTINUED THAT THE BLANCHARD'S, WHO OWN THE PROPERTY JUST SOUTH OF THIS PARK MAINTAIN THE REMAINING 20 FEET. THEY HAVE INFORMED THE COUNTY ADMINISTRATOR THAT THEY ARE INTERESTED IN PURCHASING THAT 20 FEET OF PARK PROPERTY THAT ADJOINS THEIR PROPERTY. IT SEEMS THAT THE PREVIOUS OWNER HAD PLANTED FRUIT TREES ON THE 20 FEET OF COUNTY PROPERTY AND THE BLANCHARD'S MAINTAIN THAT PORTION OF THE PARK. COMMISSIONER WODTKE STATED THAT THE BOARD IS GOING TO REVIEW ALL COUNTY OWNED PROPERTY AND IF THIS PIECE OF PROPERTY, IN THEIR OPINION, IS TO BE DISPOSED OF, IT WILL HAVE TO BE ON THE .PROPER BID BASIS. THE COUNTY ADMINISTATOR WILL ANSWER THE BLANCHARD'S LETTER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JACK G. JENNINGS, COUNTY ADMINISTRATOR TO ATTEND A DEDICATION CEREMONY DESIGNATING STATE ROAD 50 IN ORANGE COUNTY FROM THE LAKE COUNTY 'LINE TO KIRKMAN-ROAD, AS THE WILLIAM -G. MCGEE HIGHWAY, ON FEBRUARY 7, 1975 AT THE LAKE -ORANGE COUNTY LINE ON STATE ROAD 50. THE BOARD THEN DISCUSSED OUT -OF -COUNTY TRAVEL THAT HAS BEEN AUTHORIZED THROUGHOUT THE YEAR. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR FORREST N. MCCULLARS, COUNTY EXTENSION DIRECTOR TO ATTEND THE STATE AGRICULTURE IN URBAN AGE CONFERENCE ON FEBRUARY 11TH AND 12TH, 1975 AT THE UNIVERSITY OF FLORIDA. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR JAMES D. STARKEY FOR RENEWAL PERMIT TO CARRY A FIREARM. THE FOLLOWING REPORTS HAVING BEEN RECEIVED WERE PLACED ON FILE IN THE OFFICE OF THE CLERK: BEVERAGE LICENSES IN INDIAN RIVER COUNTY REPQRT OF CONVICTIONS FOR THE MONTH OF JANUARY, 1975 - CIRCUIT LOURT Fgo 51975 -8- Book 22 PAGE 41 • REPORT OF CITATIONS FNM THE SHERIFF'S DEPARTMENT, FOR THE MONTH OF JANUARY, 1w5 LETTER OF REPRESENTTATIVEAFOIOR NINDN IANFKIVERE.OUNR YEONGTHEPtASTELENTS RAL FLORIDA KEGIONAL FLANNING COUNCIL - ADVISORY COMMITTEE• ON AGING. JACK HOCKMAN, COUNTY FINANCE OFFICER, INFORMED THE BOARD OF AN INQUIRY FROM SENATOR LORI WILSON REGARDING A DRAFT OF RECOMMENDATIONS FROM THE SUBCOMMITTEE ON FINANCIAL REPORTING, MR. HOCKMAN STATED THAT HE COULD SEE NO PROBLEMS IN ANSWERING THIS REPORT ON HOW THIS COUNTY HANDLES THEIR ACCOUNTING SYSTEM. MR. HOCKMAN REVIEWED THE REPORT WITH THE BOARD AND THEY OFFERED NO OBJECTIONS TO MR, HOCKMAN FILING THIS REPORT. MR, HOCKMAN PRESENTED ANOTHER REPORT FROM THE FLORIDA HOUSE OF REPRESENTATIVES - REPRESENTATIVE CHARLES BOYD REGARDING INVESTIGATION INTO POSSIBLE SOURCES OF OBTAINING ADDITIONAL REVENUE, THIS REPORT WAS RECEIVED JANUARY 31, 1975 AND HAD TO BE COMPLETED AND MAILED BY FEBRUARY 7, 1975, WHICH DOES NOT GIVE THE BOARD SUFFICIENT TIME TO REVIEW IT. CHAIRMAN LOY STATED THAT IT ISNOT IMPERATIVE THAT THESE SURVEY QUESTIONS BE ANSWERED UNLESS YOU HAVE SOMETHING TO ADD, AND IF YOU CAN GIVE THEM FEEDBACK. CHAIRMAN LOY STATED THAT IF ANY COMMISSIONER WISHES TO ANSWER THIS QUESTIONNAIRE THEY CAN DO SD INDIVIDUALLY. ATTORNEY COLLINS STATED THAT HE DISCUSSED THE APPLICATION FOR A PISTOL PERMIT BY DOYLE HAROLD JONES WITH SHERIFF JOYCE. SHERIFF• JOYCE DID NOT RECOMMEND ISSUING A PISTOL PERMIT TO MR. JONES AND GAVE ATTORNEY COLLINS THE FOLLOWING REASONS: 1969 AND 1970 - RECORD OF CONVICTION FOR TRAFFIC OFFENSES 1971, 1972 AND 1973 - CONVICTED OF ASSAULT AND BATTERY 1969 - CONVICTED OF RECEIVING AND SELLING STOLEN MERCHANDISE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY DENIED THE APPLICATION OF DOYLE HAROLD JONES FOR A PERMIT TO CARRY A FIREARM, BECAUSE OF THE ABOVE STATED REASONS, L. S. "TOMMY" THOMAS REPORTED TO THE BOARD THE STATUS OF LOCATING SUITABLE PROPERTY TO BUILD A PROPOSED FIRE STATION FOR THE ROSELAND VOLUNTEER FIRE DEPARTMENT. MR. THOMAS STATED THAT HE MET WITH STANDISH FOSTER CRIPPIN, WHO OWNS PROPERTY IN ROSELAND. FEB 61975 r>- -9- 6.01)1 22 PAGE 42 THE COUNTY ADMINISTRATOR THOUGHT MR. CRIPPIN MIGHT BE INTERESTED IN EXCHANGING A PARCEL OF HIS PROPERTY FOR PROPERTY THE COUNTY OWNS. COMMISSIONER. SIEBERT STATED THAT THIS SHOULD BE HELD IN ABEYANCE UNTIL THE BOARD DECIDES ON HOW THEY ARE GOING TO PROVIDE FIRE PROTECTION FOR THE COUNTY NEXT YEAR. MR. THOMAS STATED THAT HE ASKED MR. CRIPPIN IF HE WOULD BE INTERESTED IN A POSSIBLE TRADE AND HE SAID HE WOULD BE. THE BOARD AGREED TO HAVE MR. THOMAS SPEAK WITH MR.CRIPPIN ABOUT AN EXCHANGE OF PROPERTY, WITH THE UNDERSTANDING THAT THE COUNTY IS NOT IN A POSITION TO BUILD A FIRE STATION AT THIS TIME. MR. THOMAS DISCUSSED WITH THE BOARD THE POSSIBILITY OF USING THE SOUTHERN 14O ACRES OF KIWANIS-HOBART PARK, FOR WHICH THERE ARE NO DEVELOPMENT PLANS AT THIS TIME, TO BUILD CONTROLLED MOTORCYCLE TRAILS COMMISSIONER SIEBERT EXPRESSED CONCERN OVER THE COUNTY'S LIABILITY INSURANCE COVERAGE AND PREMIUMS FOR THIS TYPE OF ACTIVITY. THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT IN THE DEVELOPMENT OF THE KIWANIS-HOBART PARK, THERE SHOULD BE A SYSTEM OF PROCEDURES AND REGULATIONS FOR PEOPLE WHO HAVE PROPOSALS AND SUGGESTIONS FOR THE DEVELOPMENT OF THE PARK. THE BOARD AGREED THAT NO PROPOSAL SHOULD BE REVIEWED WITHOUT FIRST RECEIVING THE'CONCURRENCE AND APPROVAL OF THE KIWANIS CLUB. THE BOARD AGREED THAT THE KIWANIS -HOBART PARK COMMITTEE SHOULD BE INFORMED OF WHAT IS HAPPENING AND THAT A LIST OF PROCEDURES AND REGULATIONS FOR PEOPLE WHO HAVE SUGGESTIONS FOR THE DEVELOPMENT OF THE PARK BE PREPARED. AT THE JANUARY 22, 1975 MEETING THE BOARD DISCUSSED A LETTER FROM THE FLORIDA EAST COAST RAILWAY, STATING THAT A PUBLIC HEARING HAD BEEN SCHEDULED ON FEBRUARY 11, 1975 TO CONSIDER CLOSING THE GRADE CROSSING LOCATED IN THE VICINITY OF VICKERS ROAD KNOWN AS MILE POST 217+3226'. ATTORNEY COLLINS INFORMED THE BOARD THAT HE DISCUSSED WITH THE FLORIDA EAST COAST RAILWAY ITS PROPOSAL TO CLOSE VICKERS ROAD RAILROAD CROSSING AT WABASSO. HE STATED THAT THE ATTORNEY FOR THE'RAILROAD HAD A MISCONCEPTION OF THE ISSUE AND HAD BEEN GIVEN ERRONEOUS INFORMATION. .:ATTORNEY COLLINS CONTINUED THAT THE RAILWAY IS INTERESTED IN CLOSING -10- BOOK- 22 PAGE 43 THE VICKERS ROAD CROSSING OR A CROSSING IN SEBASTIAN. THE ATTORNEY FOR THE RAILROAD ASKED ATTORNEY COLLINS IF THE BOARD WOULD CONSENT TO CLOSING A RAILROAD CROSSING IN SEBASTIAN IF THE RAILROAD AGREED.NOT TO CLOSE THE VICKERS ROAD CROSSING. ATTORNEY COLLINS STATED THAT HE GAVE NO INDICATION THAT THIS BOARD WOULD APPROVE THIS. COMMISSIONER WODTKE REPORTED TO THE BOARD ON A SEMINAR HE ATTENDED IN TALLAHASSEE ON JANUARY 23RD AND 24TH, 1975 ON THE "CONSTITUTIONAL LEGAL LIMITS TO THE REGULATIONS OF PRIVATE LAND". COMMISSIONER MASSEY INFORMED THE BOARD OF A REQUEST FROM ORCHID ISLE SUBDIVISION RESIDENTS REQUESTING THAT THIS SUBDIVISION BECOME A PRIVATE ROAD SUBDIVISION. THE COUNTY ADMINISTRATOR STATED THAT. ORCHID ISLE SUBDIVISION WAS ACCEPTED BY THE COUNTY AS A PUBLIC ROAD SUBDIVISION AND THERE ARE TWO DEDICATED COUNTY PARKS IN THIS SUBDIVISION. THE COUNTY ATTORNEY IS INVESTIGATING HOW TO HANDLE THIS SITUATION IN ORDER TO COMPLY WITH THE RESIDENTS WISHES AND IT WILL BE FURTHER DISCUSSED AT A FUTURE MEETING. COMMISSIONER MASSEY REQUESTED THAT THE DEPARTMENT OF TRANSPORTATION DO A STUDY OF THE INTERSECTION AT STATE ROAD 510 - U.S. HIGHWAY 1 AND 85TH STREET. COMMISSIONER MASSEY STATED THAT THIS IS A DANGEROUS:INTER— . SECTION. THE COUNTY ADMINISTRATOR STATED THAT A STUDY WAS TO HAVE BEEN DONE OF THIS INTERSECTION AND HE WILL INVESTIGATE THIS. COMMISSIONER SIEBERT INFORMED THE BOARD THAT ON JUNE 30, 1975, IT WILL BE THE 5OTH ANNIVERSARY OF INDIAN RIVER COUNTY AND HE SUGGESTED THAT IT BE A SPECIAL CELEBRATION. CHAIRMAN LOY STATED THAT SHE HOPED THE BOARD COULD ENGENDER ENOUGH ENTHUSIASM TO HAVE A SPECIAL 5OTH ANNIVERSARY COMMITTEE TO COORDINATE SUITABLE ACTIVITIES TO CELEBRATE THIS EVENT. COMMISSIONER SIEBERT STATED THAT HE HAS HAD SEVERAL INQUIRIES FROM PRIVATE AND CIVIC ORGANIZATIONS AS TO WHAT IS BEING PLANNED TO CELEBRATE THIS 5OTH ANNIVERSARY AND RATHER THAN ORGANIZATIONS GOING IN DIFFERENT DIRECTIONS, COMMISSIONER SIEBERT THOUGHT IT WOULD BE NICE TO COMBINE ALL EFFORTS INTO ONE CELEBRATION. THE BOARD AGREED WITH COMMISSIONER SIEBERT'S SUGGESTIONS. AT THE JANUARY 22, 1975 MEETING COMMISSIONER SCHMUCKER SUGGESTED THAT THE TELEPHONE LOG FROM THE PLANNING DEPARTMENT WHICH INDICATES FEB 51975 -11- eOOK 22 PAGE 44 "RETURNING_CALL" BE CHECKED INTO. CHAIRMAN LOY STATED THAT SHE DID DISCUSS THIS WITH VAL BRENNAN, PLANNING DIRECTOR AND HE STATED THAT THE ONLY RETURN CALLS THE DEPARTMENT MAKES ARE TO LIKE AGENCIES AND THEY DO HAVE A POLICY OF NOT RETURNING CALLS TO DEVELOPERS OR INDIVIDUALS, BUT THEY DO RETURN CALLS TO AGENCIES ON A RECIPROCAL BASIS. COMMISSIONER SCHMUCKER QUESTIONED IF THE COUNTY ADMINISTRATOR HAS HEARD ANYTHING REGARDING TURNING LANES BEING CONSTRUCTED ON THE MERRILL BARBER BRIDGE APPROACH. • THE COUNTY ADMINISTRATOR STATED THAT BIDS WERE LET AND DICKERSON INC. HAD A GOOD BID OF $29,500.00, BUT HE HAD NOT HEARD IF THE CONTRACT WAS AWARDED, COMMISSIONER SCHMUCKER REQUESTED THE COUNTY ADMINISTRATOR TO INVESTIGATE IF THIS CONTRACT HAS BEEN AWARDED, AT THE MEETING OF SEPTEMBER 25, 1974, SAMUEL TUZ RECEIVED APPROVAL TO INSTALL A CHAIN LINK FENCE AROUND THE PERIMETER OF HIS PROPERTY. THE BOARD GRANTED A PERMIT SUBJECT TO THE CONDITION THAT MR, TUZ NOT PUT A FENCE AGROSS ANY EASEMENTS. AT THE DECEMBER 18, 1975 MEETING, THE BOARD WAS INFORMED THAT MR. TUZ HAD A DRAINAGE DITCH ON HIS PROPERTY AND HE FILLED THAT DITCH IN ORDER TO PUT UP HIS FENCE ON THE PROPERTY LINE. BY FILLING IN THE DITCH ON HIS PROPERTY, THE SURROUNDING AREAS MIGHT BE FLOODED IN THE EVENT WE HAVE HEAVY RAINS. COMMISSIONER SCHMUCKER ASKED IF PERSONNEL HIRED UNDER THE MANPOWER PROGRAM COULD HAND DIG A DITCH ON AN EASEMENT IN BACK OF MR. TUZ' • PROPERTY IN ORDER TO RELIEVE THIS THE BOARD HAD NO OBJECTIONS TO COMMISSIONER SCHMUCKERS SUGGESTION. CHAIRMAN LOY STATED THAT AT THE JANUARY 22, 1975 MEETING, THE COUNTY'S INSURANCE COVERAGE AND PREMIUMS WERE DISCUSSED WITH AGENTS OF THE "BIG I" (INDEPENDENT INSURANCE AGENTS) AND AT THAT MEETING LOUIS SCHLITT, REPRESENTING ROYAL GLOBE INSURANCE COMPANY, INFORMED THE BOARD THAT ROYAL GLOBE WILL CANCEL THE COUNTY'S INSURANCE COVERAGE ON MARCH 8, 1975. THE BOARD REQUESTED AN ADDITIONAL 30 DAYS IN ORDER 'TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS. THE CHAIRMAN REPORTS THAT ROYAL GLOBE INSURANCE CO. COULD NOT EXTEND US THE ADDITIONAL 30 DAYS AS THE BOARD REQUESTED AND GEORGE MCKENNA, ASSISTANT ADMINISTRATOR PREPARED PACKETS OF THE SPECIFICATIONS FOR THE COUNTY'S COVERAGE AND HAND DELIVERED THEM TO ALL THE INSURANCE FEB 51975 -12- B011i 22 PAGE 45 • AGENTS IN THE AREA AND TO SOME AGENTS OUTSIDE THE AREA. A SPECIAL CALLED MEETING HAS BEEN SCHEDULED FOR FEBRUARY 27, 1975 AT 4:00 O'CLOCK P.M. FOR THE SOLE PURPOSE OF ACCEPTING THESE INSURANCE PROPOSALS, AND THE CONTRACT WILL BE AWARDED AT THE REGULAR MEETING OF MARCH 5, 1975. THE CHAIRMAN STATED THAT THE BOARD HAS BEEN ASKED BY THE STATE OF FLORIDA TO SCHEDULE A MEETING WITH ALL INTERESTED PARTIES IN REGARD TO THE STATEWIDE 911 EMERGENCY PHONE NUMBER SYSTEM. A REPRESENTATIVE WILL BE IN THE AREA ON FRIDAY, FEBRUARY 7, 1975 AT 1:00 O'CLOCK TO UP -DATE INTERESTED CITIZENS ON THE STATES PLAN FOR IMPLEMENTING THE 911 PROGRAM. THE CHAIRMAN STATED THAT SHE RECEIVED A LETTER FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ASKING US TO HAVE A REPRESENTATIVE AT A MEETING SCHEDULED FEBRUARY 19, 1975 IN PALATKA, BUT UNFORTUNATELY THAT IS THE DATE OF THE BOARD'S REGULAR MEETING, 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. 3800 - 3868 INCLUSIVE; ROAD AND BRIDGE FUND NOS. 2013 - 2049 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 835 - 839 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF CIRCUITCOURT 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 1:05 O'CLOCK P.M. ATTEST: „40a, CLERK CHAIRMAN 1 -13- BOOK 22 PAGE 46