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HomeMy WebLinkAbout3/5/1975MAR 51975~ -k WEDNESDAY, MARCH 5, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, MARCH 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. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS ABSENT BECAUSE OF ILLNESS AND GEORGE G. COLLINS, ATTORNEY SAT IN FOR HIM THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE Td THE FLAG; AND REVEREND GEORGE P. LABARRE FROM THE TRINITY EPISCOPAL CHURCH GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF FEBRUARY 19, 1975. COMMISSIONER WODTKE REQUESTED ON PAGE 1 AND PAGE 2 "JOHN EGAN III" BE CHANGED TO READ J.B. EGAN III" CHAIRMAN LOY REQUESTED ON PAGE 5 THE FOLLOWING BE INSERTED AFTER THE BTH PARAGRAPH. "COMMISSIONER MASSEY VOLUNTEERED TO INVESTIGATE THE ITEMS BROUGHT TO THE BOARD'S ATTENTION BY THE ROSELAND WOMEN'S CLUB. CHAIRMAN LOY REQUESTED ON PAGE 20,THIRD PARAGRAPH, FOURTH LINE, "FEBRUARY, 1975" BE CHANGED TO READ FEBRUARY 20, 1975". ATTORNEY COLLINS REQUESTED ON PAGE 22, FIFTH PARAGRAPH, :".._ SECOND LINE, THE WORD "DESIGNATE" BE CHANGED TO READ "DELEGATE". THESE CORRECTIONS HAVING BEEN MADE, A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 19, 1975, AS WRITTEN. FORREST MCCULLARS, COUNTY EXTENSION DIRECTOR APPEARED AND INTRODUCED JUDITH WAKEFIELD, THE NEW HOME EXTENSION ECONOMIST IN INDIAN RIVER COUNTY, BOON 22 PACE 74 NM .51975 MR. MCCULLARS DISCUSSED WITH THE BOARD HIRING A SECRETARY FOR MS. WAKEFIELD UNDER A ,MANPOWER PROGRAM. MR. MCCULLARS WAS INFORMED THAT AT THE PRESENT TIME WE ARE WAITING FOR AN EXTENSION OF MANPOWER PROGRAMS AND THAT THIS WILL BE DISCUSSED LATER IN THE MEETING. AT THE FEBRUARY 19, 1975 BOARD MEETING THE BOARD AGREED TO A STRAW VOTE BALLOT ON A PROPOSED $1,050,000.00 BOND ISSUE FOR THE PRESERVATION OF MCKEE JUNGLE GARDENS, PAUL GOODRIDGE, A MEMBER OF THE COMMITTEE FOR THE PRESERVATION. OF MCKEE JUNGLE GARDENS APPEARED WITH THE RESULTS O.F THE STRAW VOTE. THE TOTAL RESPONDENTS IN FAVOR OF THE PROPOSAL 1867 THE TOTAL RESPONDENTS NOT IN FAVOR OF THE PROPOSAL 195 MR. GOODRIDGE POINTED OUT THAT IF A MAILING ADDRESS HAD BEEN PUT ON THE BALLOT THERE MIGHT HAVE BEEN MORE RESPONSES. THE BOARD FELT THERE WAS -ENOUGH -RESPONSE TO INDICATE THE INTEREST OF THE CITIZENS IN THE COMMUNITY. MR. GOODRIDGE SUGGESTED THAT THE BOND REFERENDUM BE PUT TO THE VOTERS BEFORE THE SUMMER, AS MANY PEOPLE LEAVE FLORIDA DURING THE SUMMER MONTHS, BUT THE BOARD STATED THAT IT POSSIBLY WOULD TAKE LONGER THAN THAT TO PREPARE FOR THIS REFERENDUM. THE BOARD EXPRESSED -CONCERN ABOUT THE APPRAISAL BEING LOWER THAN THE ASKING PRICE AND THAT THE COUNTY SHOULD UNDERTAKE HAVING ANOTHER APPRAISAL, BUT THE APPRAISAL SHOULD BE OF THE GARDENS AND THE CAMPSITE ONLY AND NOT INCLUDE ANY OTHER PROPERTY, THE BOARD STATED THAT THE FOLLOWING QUESTIONS NEED ANSWERS: 1. WILL THE OWNER OF THE GARDENS SPLIT THEIR PACKAGE PROPOSAL AND SELL ONLY THE GARDENS AND THE CAMPSITE.- 2. WHAT IS THE COST OF MAINTAINING THE GARDENS? 3. WOULD THE COMMITTEE FOR THE PRESERVATION OF THE GARDENS BE INTERESTED IN CONTINUING THEIR EFFORTS? Ii. WILL THE OWNER ACCEPT A 60 DAY EXTENSION ON THE OPTION TO BUY THE GARDENS? 5. How WIL°, THE GARDENS BE MANAGED? JERO.'.E KRAMER, ATTORNEY REPRESENTING THE VERO BEACH CIVIC. ASSOCIATION A?PEARED AND STATED THAT THE MAJORITY OF THEIR MEMBERS ARE IN FAVOR GF TRYING TO PRESERVE THE GARDENS, BUT THEY BOOK 22 PAGE 75 FEEL THEY NEED MORE INFORMATION. MR. KRAMER CONTINUED THAT 90 ACRES OF THE GARDENS ARE NOW ZONED COMMERCIAL AND THE VALUE OF THAT LAND HAS A CONSIDERABLY HIGHER VALUE THAN IF IT WERE ZONED FOR PARKS AND RECREATION. SINCE IT IS NOT PUT TO A COMMERCIAL USE, HE SUGGESTED REZONING THIS 90 ACRES OF THE GARDENS TO PARKS AND RECREATION ZONING AND THE SELLING PRICE WOULD HAVE TO REFLECT THIS CHANGE. THE PROPOSED MASTER PLAN HAS SHOWN THIS AREA AS PUBLIC RECREATION AREA, AND THE BOARD COULD JUSTIFY REZONING THIS AREA. MR. GOODRIDGE STATED THAT HE WILL BE PREPARED WITH THE INFORMATION THE BOARD HAS REQUESTED IN TWO WEEKS AND ASKED TO BE ON THE AGENDA, MARCH 19, 1975. 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 in the matter of in the Court, was in pub- lished •1 75 lashed said newspaper in the issues of • 3, /G! / 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. (SEAL) .e NOTICE NOTICE IS HEREBY GIVEN that Indian River County Board of County Commissioners will receive sealed bids to the hour of 9:30 A.M. Wednesday, March 5, 1975, for sale to the County of the following equipment: ITEM: One new latest model 15 horsepower air cooled gasoline engine, two cylinder, cast Iron block, electric Starter, 25 ampere flywheel alternator. Instructions to bidders and bidding blanks are available at the Office of the County Ad- ministrator, Room 115, County ,_ Courthouse, or will be mailed upon request. The Board of County Ad- ministrators reserves the right to reject any or all of the bids and to make awards in any manner which the Board considers to be in the best ,interest of Indian River County, Florida. Bids for above items shall be .submitted in an envelope securely sealed and marked an the outside to show the items being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room 11S, County Courthouse, Vero Beach,. Florida 32960. Proposals received affer 9:30 A.M. Wednesday, March S, 1975, will be returned unopened. Indian River County Florida Board of County Commissioners By: Aima Lee Loy Chairman Feb. 13. 16, 1975. MAR;, 1975 THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: rIELYIS REPAIR SHg - VERO BEACH WISCONSIN MODEL -16 HORSEPOWER AMPS. S835.62 ALTERNATE ID S ONSIN MODEL - 18 HORSEPOWER U AmPS. 819.27 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE COUNTY ADMINISTRATOR FOR EVALUATION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL PLAT APPROVAL TO SEARS COVE SUBDIVISION AS REQUESTED BY MRS. RUTH SEARS, MESSRS. REDISH AND STURGIS AND PRESENTED BY MARVIN CARTER, SURVEYOR. MR. .JENNINGS STATED THAT HE RECEIVED A LETTER FROM G.. KENDALL SHARP, ATTORNEY REQUESTING THE BOARD'S AGREEMENT TO RELEASE MURPHY ACT TITLES ON LOTS 8, 9, AND 10 BLOCK 7, SUNNYSIDE PARK SUBDIVISION. MR. JENNINGS STATED THAT HE CAN SEE NO OBJECTION TO THE RELEASE OF THIS PROPERTY BECAUSE THE RIGHTS-OF-WAY ESTABLISHED ARE SUFFICIENT. A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, TO AGREE WITH THE RELEASE OF MURPHY ACT TITLES ON LOTS 8, 9 AND 10, BLOCK 7, SUNNYSIDE PARK SUBDIVI- SION, PROVIDED THAT THE CITY OF VERO BEACH ALSO AGREES. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE - WERE NONE. THE CHAIRMAN CALLED FOR THE MOTION, THE BOARD UNANIMOUSLY AGREED AND THE MOTION WAS CARRIED. THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: �oox PAGE 77 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RiVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the Court was pub- Iished in said newspaper in the Issues of -e,�- 91 /9 7.j 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 (SEAL.) (Clerk of t Cir Court, Indian River County, Florida) NOTICE ' %' NOTICE IS HEREBY GIVEN that the Board o1 County Com- missioners of Indian River County, Florida, will hold a public hearing at Its regular meeting in the Indian River County Courthouse, Vero Beach, Florida, at 10:00 A.M. on . the Sth day of March, 1975, at' which time and place the Board of County Commissioners will consider• the advisability of vacating, abandoning, dis- continuing and closing the public ; street described as follows: All that part of Sebastian Avenue, formerly known as Bay Street, in the townsite of Roseland, Indian River County, Florida, lying West of Lewis Street, in the townsite of . Roseland, Indian River • County, Florida. • and to consider the advisability of renouncing and disclaiming any right of the County and the public in and to the aforedescribed public .• street. No part of the aforedescribed public street now constitutes or was acquired for a State or • Federal Highway or park, and no part of said street is located within the limits of any incorporated. municipality.' All persons interested and all ' persons having any obiections to the ' vacating, abandoning, dis- continuing or closing of said street are by this Notice advised•eo ap• ` pear and be heard at the time and place above set forth. Board of County Commissioners of Indian River County Florida By: -s -Alma Lee .Loy . Chairman Feb. 9, 1975. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO.SPEAK. J.T. PATTESON APPEARED AND MADE HIS PRESENTATION. HE STATED' THAT SEBASTIAN AVENUE, FORMERLY KNOWN AS BAY STREET HAS NOT BEEN USED FOR MANY YEARS. AT THE END OF SEBASTIAN AVENUE AND MR. PATTESON'S PROPERTY THERE IS A LARGE DITCH AND MR. PATTESON 'STATED THAT THE ADJOINING PROPERTY OWNER MR. TEAGUE SIGNED THE ORIGINAL REQUEST AND.; IS IN FAVOR OF THE ABANDONMENT OF THIS ROAD. ON MOTION. BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ABANDONMENT OF SEBASTIAN AVENUE, FORMERLY KNOWN AS BAY STREET, AS REQUESTED BY J. T. PATTESON. tBOOK acr d RESOLUTION N0. 75-12 WHEREAS, JAMES T. PATTESON and PAUL N. TEAGUE made application to the Board of County Commissioners requesting said Board to vacate, abandon, discontinue and close the public street hereinafter described, and to renounce and disclaim any right of the County and the public in and to such public street,said public street being described as follows: All that part of Sebastian Avenue, formerly known as Bay Street, in the townsite of Roseland, Indian River County, Florida, lying West of Lewis Street, in the townsite of Roseland, Indian River County, Florida and, WHEREAS, the Board of County Commissioners determined to hold a public hearing to consider the advisability of exercising its authority to grant said application, and 1 4 ti ..WHEREAS, this Board did publish notice of such public hearing one time on the 9th day of February, 1975, in the Vero Beach Press Journal, a newspaper of general circulation in said county, said publication being at least two weeks prior to the date stated for the public hearing, as is more fully shown by Proof of Publication thereof filed in these minutes. At the time and place stated, the Board did hold the advertised public hearing and all persons interested were heard and this Board did determine that the street above described is not located within the limits of any incorporated municipality and was not acquired for and is not now being used for state or federal highways. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, that the Board of County Commissioners does herewith and hereby renounce and disclaim any right of the county and the public in and to the public street described as follows: All that part of Sebastian Avenue, formerly known as Bay Street, in the townsite of Roseland, Indian River County, Florida, lying West of Lewis Street, in the townsite of Roseland,.Indian River County, Florida, and does herewith vacate, abandon, discontinue and:lose the aforedescribed public street. -MAR 51975 -1- AN, BE IT FURTHER RESOLVED, that notice of this Resolution shall be published one time within thirty days following its adoption in one issue of the newspaper of general circulation published in the county. The Proof of Publication of Notice of the public hearing and certified copy of this Resolution and Proof of Publication of the notice of the adoption of this Resolution shall be recorded in the Deed Records of Indian River County, Florida. STATE OF FLORIDA COUNTY OF INDIAN RIVER r, RALPH HARRIS, Clerk of the Circuit Court of Indian River County, Florida, and ex officio Clerk of the Board of County Commissioners, do herewith certify that the foregoing is a true and correct copy .if Resolution 75-12 duly adopted by the Board of County Commissioners of Indian River County, Florida. WITNESS my hand and official seal this 14 day of March, 1975. MAR 51975 Deputy Clerk (SEAL) Beta 22 PAGE 80 • MAR •• WILLIAM BEVAN, AREA MANAGER FOR GENERAL DEVELOPMENT CORP. APPEARED INFORMING THEBOARD THAT IN 1958 GENERAL DEVELOPMENT RECORDED A PLAT OF VERO BEACH HIGHLANDS ...UNIT 2 AND AT THAT TIME THEY DEDICATED A PARK SITE TO THE PERPETUAL USE OF THE PUBLIC, SINCE THAT TIME THIS PARK SITE PROPERTY HAS BEEN EXEMPT FROM COUNTY TAXES AND A COMMUNITY CENTER WAS BUILT ON THIS PARK PROPERTY. MR, BEVAN STATED THAT SINCE THIS PROPERTY WAS DEDICATED TO THE COUNTY IT SHOULD BE THE RESPONSIBILITY OF THE COUNTY TO MAINTAIN IT. MR. BEVAN STATED THAT THERE IS NO DEED CONVEYING THIS PROPERTY TO THE COUNTY AND THECOUNTY ACCEPTING IT, COMMISSIONER SIEBERT SUGGESTED THAT THIS PARK BELONG TO THE PROPERTY OWNERS ASSOCIATION, BUT MRe BEVAN STATED THAT THE PROPERTY OWNERS ARE TOO FEW AND COULD NOT MAINTAIN THE PROPERTY AND THE BUILDING. ATTORNEY COLLINS STATED THAT IF GENERAL DEVELOPMENT CORP. MADE REPRESENTATION TO THE PUBLIC THAT THE PROPERTY WOULD REMAIN AS A GENERAL DEVELOPMENT CORP. PARK, THEN THEY WOULD HAVE TO CONTINUE TO MAINTAIN IT. COMMISSIONER SIEBERT STATED THAT ACCEPTING THE PLAT DOES NOT MEAN THE COUNTY ACCEPTED THE PARK, THAT IS WHY THERE IS NO DEED ON RECORD. THIS PROPERTY IS STILL OWNED BY GENERAL DEVELOPMENT CORPORATION, MR, BEVAN STATED THAT IF THE STATE LAND SALES BOARD FINDS THAT A COMMUNITY PARK WAS PROMISED TO PURCHASERS OF PROPERTY, HE WILL WITHDRAW HIS REQUEST THAT THE COUNTY ACCEPT THIS PARK. HE SUGGESTED THAT THIS MATTER BE TABLED UNTIL HE CHECKS WITH THE STATE. LAND SALES BOARD, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO TABLE THIS -REQUEST UNTIL MR. BEVAN CHECKS WITH THE LAND SALES BOARD. COMMISSIONER WODTKE VOLUNTEERED TO ATTEND A MEETING WITH THE PROPERTY OWNERS AND MR. BEVAN WILL NOTIFY HIM OF WHEN THE NEXT ONE IS SCHEDULED. AT THE SPECIAL MEETING ON FEBRUARY 27, 1975, THE BOARD ACCEPTED TWO INSURANCE PROPOSALS, ONE WAS FROM ARDEN INSURANCE SERVICES AND THE OTHER WAS FROM WARREN T. ZEUCH INSURANCE AGENCY INC sM -6- el et PAGE 4 BOOK "CC THE ZEUCH PROPOSAL DID NOT INCLUDE WORKMAN'S COMPENSATION, AUTOMOTIVE OR EQUIPMENT INSURANCE. GEORGE MCKENNA, ASSISTANT COUNTY ADMINIS- TRATOR STATED THAT THE ZEUCH INSURANCE PROPOSAL WAS NOT ACCEPTABLE AS IT DID NOT MEET THE SPECIFICATIONS AS ADVERTISED. SHERIFF SAM T. JOYCE WAS PRESENT FOR THIS DISCUSSION AND IT WAS STATED THAT HIS FLEET POLICY DOES NOT EXPIRE UNTIL AUGUST 31, 1975 AND THE ARDEN INSURANCE PROPOSAL DID NOT QUOTE A RATE FOR THIS POLICY. HAMILTON ARDEN APPEARED AND STATED THAT THE SHERIFF'S FLEET POLICY WAS EXCLUDED BECAUSE OF THE TIME DIFFERENCE, BUT HE WOULD QUOTE A RATE BEFORE EXPIRATION OF THAT POLICY. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF ARDEN INSURANCE SERVICE FOR COUNTY COVERAGE, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $54,007.00. MR. ARDEN INFORMED THE BOARD OF A MEETING OF THE KIWANIS- HOBART PARK COMMITTEE WHO HAD REVIEWED PROPOSALS FOR A BRIDLE PATH AND THERE IS AN AREA THAT THE COMMITTEE AGREES IS SUITABLE. THE COMMITTEE HAS RECEIVED THE APPROVAL OF THE KIWANIS CLUB, PLANNING DEPARTMENT AND THE URBAN FORESTER, MR. ARDEN STATED THAT THERE ARE 60 ACRES THAT THE COMMITTEE IS RECOMMENDING FOR THIS PURPOSE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED THAT THE COUNTY ACCEPT THE RECOMMENDATION OF THE KIWANIS-HOBART PARK COMMITTEE REGARDING A BRIDLE PATH AT THE KIWANIS-HOBART PARK. MR. ARDEN FORMALLY TURNED OVER TO THE BOARD A NEW BASEBALL ' FIELD AT THE PARK. THIS BALL FIELD IS FENCED, HAS A WATER SPRINKLING SYSTEM, PUMP AND WELL AND WILL BE READY FOR USE WITHIN 30 DAYS. 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: -7- MAR 51975 : MIX 22 PAGE 82 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-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of _In the 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. Swam to and subscribed before me this (SEAL) MAR 5 1975 (Business Man .40e/f 4424.1- (CIof the Oat& Court, Indian River County, Florida) NOTICE NOTICE 1S HEREBY GIVEN that the Board of County Com- missionersof Indian River County, Florida, will hold a public hearing on March 5, 1975, 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. F Board of County Commissioner§ Indian River County Florida By: Alma Lee Loy Chairman . Feb. 23, 1975. •a THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. VAL BRENNAN, PLANNING DIRECTOR; ROBERT BERG, ASSISTANT PLANNING DIRECTOR; AL ¥ANDA, AND ROBERT "FLIP" LLOYD, ENGINEERS WERE PRESENT FOR THIS DISCUSSION. THIS ORDINANCE AS ORIGINALLY PROPOSED REQUIRED THAT CURBS AND GUTTERS BE CONSTRUCTED ON ALL STREETS, HOWEVER, THE SUBDIVISION REVIEW COMMITTEE RECOMMENDED THAT THIS BE REVISED SO THAT IT BE OPTIONAL TO THE DEVELOPER. COMMISSIONER SIEBERT STATED THAT HE WAS IN FAVOR OF LEAVING THE OPTION TO REQUIRE CURBS AND GUTTERS UP -TO THE COUNTY COMMISSIONER AND NOT UP TO THE DEVELOPERS. THE COUNTY ADMINISTRATOR STATED THAT WITH THE PRESENT ECONOMIC SITUATION, IT WAS THE FEELING OF THE COMMITTEE THAT IT WOULD MAKE REQUIRING CURBS AND GUTTERS, WHICH SOMETIMES DOUBLES THE COST OF CONSTRUCTING A ROAD, A HARDSHIP TO THE DEVELOPER. THE COUNTY ADMINISTRATOR CONTINUED THAT ON PRIVATE ROAD SUBDIVISIONS, THE DEVELOPER WILL BE REQUIRED TO PUT IN A GOOD STANDARD ROAD. COMMISSIONER SIEBERT STATED THAT HE WILL GO ALONG WITH THE COMMITTEES RECOMMENDATION, WITH THE UNDERSTANDING THAT IF IT IS ABUSED, HE WILL RECOMMEND AN AMENDMENT TO THE ORDINANCE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY. COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 75-3 ENTITLED INDIAN RIVER COUNTY SUBDIVISION ORDINANCE, TO BE EFFECTIVE ON THE 17TH DAY OF MARCH, 1975. ORDINANCE 75-3 SHALL BE MADE A PART OF THE MARCH 19, 1975 COUNTY COMMISSION MINUTES. BIM •a 7 THE BOARD RECESSED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF NEELY'S REPAIR SHOP, VERO BEACH FOR A GASOLINE ENGINE - WISCONSIN MODEL -18 HORSE- POWER ENGINE WITH 25 AMPERES, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS IN THE AMOUNT OF $835.62. AT THE FEBRUARY 19, 1975 BOARD MEETING, THE BOARD DISCUSSED A PETITION RECEIVED REGARDING THE COUNTY BUILDING A SIDEWALK ALONG NORTH GIFFORD ROAD FROM 43RD AVENUE WEST FOR APPROXIMATELY THREE- QUARTERS OF A MILE.. THE BOARD: AGREED THAT THIS REQUEST SHOULD INITIATE FROM THE SCHOOL BOARD. IN A LETTER DATED FEBRUARY 26TH FROM THE SCHOOL BOARD THEY HAVE REQUESTED THAT SIDEWALKS BE CONSTRUCTED ON NORTH GIFFORD ROA.- FOR THE SAFETY OF THE CHILDREN WALKING TO SCHOOL. THE COUNTY ADMINISTRATOR STATED THAT THERE IS A 60•FOOT RIGHT-OF-WAY . ON THE SOUTH SIDE OF NORTH GIFFORD ROAD THERE IS 30 FEET BUT THE INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT HAS A DRAINAGE CANAL ALONG THIS SOUTH SIDE. HE CONTINUED THAT HE HAS NOT BEEN ABLE TO DETERMINE IF THERE ARE MURPHY ACT TITLES FROM 43RD ST. TO KINGS HIGHWAY ON THE NORTH SIDE WITHOUT GOING THROUGH THE EXPENSE OF A TITLE SEARCH. UNLESS THE COUNTY HAS SUFFICIENT RIGHT-OF-WAY IT WOULD BE IMPOSSIBLE TO BUILD A SIDEWALK ON THE NORTH SIDE OF NORTH GIFFORD ROAD. THE COUNTY ADMINISTRATOR STATED THAT IN THE LETTER FROM THE. SCHOOL BOARD IT WAS THEIR SUGGESTION THAT THE SIDEWALK BE CONSTRUCTED BETWEEN THE DRAINAGE DITCH AND THE RIGHT-OF-WAY ON THE SOUTH SIDE OF NORTH GIFFORD ROAD, BUT THAT WOULD BE ON DRAINAGE DISTRICT PROPERTY. COMMISSIONER SCHMUCKER SUGGESTED A FOUR FOOT SIDWALK BE CONSTRUCTED, IF THE DRAINAGE DISTRICT APPROVED, WITH THE SIDEWALK PLACED SO THAT DITCH CLEANING EQUIPMENT COULD STRADDLE IT. THE BOARD AGREED THAT THE FIRST STEP WOULD BE FOR THE COUNTY ADMINISTRATOR TO CONTACT THE INDIAN RIVER FARMS WATER MANAGE- MENT DISTRICT FOR THEIR APPROVAL. AT THE FEBRUARY 5TH AND FEBRUARY 19TH, 1975 BOARD MEETINGS, THE BOARD DISCUSSED FRED AND RICHARD MORRILL OPERATING ANDY'S SANITATION WITHOUT OBTAINING AN ASSIGNMENT OF TRANSFER OF ANDY'S -10- LIAR 5157 Km 22 pia 85 t SANITATION FROM WILLARD D. CHADWICK AND BOBBY DORTON. FRED AND RICHARD MORRILL ARE NOW REQUESTING AN ASSIGNMENT OF TRANSFER OF ANDY'S SANI- TATION TO HARRIS SANITATION. WILLIAM COBB, ATTORNEY, REPRESENTING FRED AND RICHARD MORRILL) ANDY'S SANITATION, AND MR. NEILL, REPRESENTING HARRIS SANITATION, APPEARED BEFORE THE BOARD. MR. COBB STATED THAT ANDY'S SANITATION HAS BEEN WORKING IN THIS COUNTY UNDER AN ASSIGNMENT OF TRANSFER THEY HAD PREPARED IN GOOD FAITH ON OCTOBER 1972, BUT IT WAS NEVER BROUGHT BEFORE THE BOARD FOR PUBLIC HEARING AND THEIR APPROVAL. MR. COBB AND MR. NEILL ASKED IF ONE PUBLIC. HEARING COULD BE GRANTED TO FIRST TRANSFER THE FRANCHISE FROM CHADWICK AND DORTON, AND THEN WHEN APPROVED, TRANSFER THE FRANCHISE FROM THE MORRILLS TO HARRIS SANITATION, ATTORNEY COLLINS STATED THAT THE -REASON THERE CANNOT BE ONE PUBLIC HEARING IS SPELLED OUT IN CHAPTER 59-1380, WHICH REQUIRES A PUBLIC NOTICE TO'APPEAR ONE WEEK BEFORE THE PUBLIC HEARING IS SCHEDULED, AND THERE WILL HAVE TO BE TWO PUBLIC HEARINGS - THE FIRST ONE FROM CHADWICK AND DORTON TO THE MORRILLS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED A PUBLIC HEARING RELATIVE TO THE TRANSFER OF ANDY'S SANITATION FROM CHADWICK AND DORTON TO FRED AND RICHARD MORRILL. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-9 ESTABLISHING NEW ELECTION PRECINCT BOUNDARIES. THE MAP OUTLINING THE NEW PRECINCTS WAS PLACED ON FILE IN THE SUPERVISOR OF ELECTIONS OFFICE. THE LEGAL DESCRIPTION IS BEING RECHECKED AND THIS RESOLUTION 75-9 WILL BE IN THE MINUTES OF MARCH 19, 1975. AT THE FEBRUARY 19, 1975 MEETING, THE COUNTY ADMINISTRATOR DISCUSSED A LETTER FROM THE ROSELAND WOMEN'S CLUB REQUESTING THE COUNTY TO INSTALL AN ADDITIONAL WELL AS THEIR WATER SUPPLY IS IN- ADEQUATE. THE BOARD SUGGESTED THAT AN AGREEMENT BETWEEN THE COUNTY: AND THE ROSELAND WOMEN'S CLUB ESTABLISHING FEES TO ORGANIZATIONS WISHING TO USE THE CLUB BE INVESTIGATED. COMMISSIONER MASSEY STATED THAT THEY HAVE SOLVED THEIR WATER PROBLEM AND THAT THE PROBLEM WAS IN THE PIPES AND NOT THE WELL. THE COUNTY ATTORNEY STATED THAT IN REGARD TO THE AGREEMENT BETWEEN THE COUNTY AND THE ROSELAND WOMEN'S CLUB THERE IS A LETTER OF RECOMMENDATION OF THE RATES TO BE CHARGED, BUT NO AGREEMENT, THERE IS A CLEAR UNDERSTANDING, BUT NO FORMAL AGREEMENT, THE LETTER OUTLININGFEES IS HEREBY BEING MADE A PART OF THE MINUTES, COMMISSIONERS RICHARD P. BOGDSIAN, Chakma, ALMA LEE WY. ViesOtaim,a, JACK 0. DRITENBAS D. B. McCULLERS, JR. EDWARD J. MASSEY PAUL D. BURCH RALPH HARRIS Mame/ to the Bawd- Clerk INDIAN lfl]ER COUNTY JACK G. JENNINGS, Administrate, ROAD AND BRIDGE DEPARTMENT Mrs. Lucy E. Cook Route #2, Box 237 Sebastian, Florida 32958 VERO BEACH, FLORIDA - 32960 February 11, 1974 In re: Roseland Womens' Club Building Dear Mrs. Cook: I am having our insurance agent contact you for the requested in-. formation on the county's insurance policy. In my opinion, the Board would • not be interested in leasing the building to the Roseland Womens' Club, but . • merely allowing you to be in charge of it as previously has been discussed. After examining the material forwarded to me, I would propose the following budget for the next year: Utilities $200. 00 Minor repairs 100.00 Insurance - 250.00 Caretaking 150.00 Contingency fee 150.00 Total $850.03 I would propose the following daily rentals: individuals, $15. 00; • 'non-profit groups, $10. 00; profit groups, $30. 00; plus a $10. 00 clean-up fee to anyone who does not clean up the building afterward. Please discuss these proposals with your ladies and let me know your thoughts. It would be the Board's intent that the Womens' Club itself would not pay any rent in return for the duties you are performing with the building. Sincerely, MAR 51975 Paul D. Burch County Attorney PDB/ dbh •• cc: Mr. Jack Jennings, County Administrator 12-' vrwiy a`� iw BOOK 22 ac,[ 8 MAR 5 1975 COMMISSIONER MASSEY STATED THAT THE CLUB HAS SOLVED THEIR WATER PROBLEM, BUT NOW THEY ARE REQUESTING THE PUBLIC DOCK IN THE BACK OF THE CLUBHOUSE BE REPAIRED. CHAIRMAN LOY QUESTIONED IF THERE WILL BE MONEY FROM THE DEPARTMENT OF NATURAL RESOURCES TRUSTEES' FUND BASED ON BOAT REGIS- TRATION IN EACH COUNTY) TO REPAIR THIS DOCK. L. S. "TOMMY" THOMAS STATED THAT WE HAVE BEEN ALLOCATED $10,000,00, OF WHICH $6,000.00 TO $7,000.00 HAS BEEN SET ASIDE FOR CONSTRUCTION OF BOAT RAMPS. SOME OF THIS MONEY POSSIBLY WILL BE AVAILABLE TO REPAIR THIS DOCK. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY INSTRUCTED THE COUNTY ADMINISTRATOR TO INVESTIGATE THE. COST TO REPAIR THIS DOCK LOCATED NEAR THE ROSELAND WOMEN'S CLUB, ELTON H. SCHWARZ, PUBLIC DEFENDER, APPEARED INFORMING THE BOARD THAT HE HAS RENTED OFFICE SPACE IN THE PROFESSIONAL BUILDING AT 1515 21ST STREET AND REQUESTING THAT HIS OLD OFFICE IN THE COURTHOUSE CONTINUE TO BE AVAILABLE FOR HIS OFFICE STAFF'S USE DURING TRIALS. HE STATED THAT THERE IS THE POSSIBILITY OF GETTING A COURT REPORTER FOR INDIAN RIVER COUNTY AND THAT THE OFFICE SPACE HE HAD BEEN USING WOULD BE IDEAL FOR A COURT REPORTER. HE ALSO STATED THAT HE WOULD LIKE TO TEMPORARILY UTILIZE ANY SURPLUS OFFICE FURNITURE IN HIS NEW OFFICE UNTIL HIS NEW BUDGET APPROPRIATION IS.APPROVED IN JULY, 1975, HE ALSO . REQUESTED APPROVAL TO USE MANPOWER FUNDS TO HIRE AN INVESTIGATOR FOR INDIAN RIVER COUNTY IF THOSE FUNDS BECOME AVAILABLE. THE BOARD STATED THAT THE ONLY MANPOWER FUNDS AVAILABLE ARE UNDER THE TITLE 2 PROGRAM, AND AT THE PRESENT TIME. THAT PROGRAM HAS NOVBEEN RENEWED BY CONGRESS AND HAS ONLY FOUR MONTHS LEFTI ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO RELEASE ANY EXCESS FURNITURE TO BE LOANED ON A TEMPORARY BASIS TO THE PUBLIC DEFENDER'S OFFICE AFTER APPROVAL OF THE COUNTY ATTORNEY; AND -13- PAC E 88 BOOK AGREED THAT THE USE OF THE OFFICE SPACE FORMERLY OCCUPIED BY THE PUBLIC DEFENDER BE CONTROLLED AND UP TO THE DISCRETION OF THE CIRCUIT JUDGE, AT THE FEBRUARY 19, 1975 MEETING THE BOARD ADOPTED RESOLU- TION #75-8. REGARDING GIVING THE CITY -COUNTY COORDINATING COMMITTEE FOR Low AND MODERATE INCOME HOUSING THE AUTHORITY TO APPLY FOR FEDERAL GRANTS AND TO UTILIZE THESE FUNDS RECEIVED TO CARRY OUT THE COMMITTEE'S OBJECTIVES, SUBJECT TO REVIEW OF THE COUNTY ATTORNEY, ATTORNEY COLLINS STATED THAT THE ORIGINAL RESOLUTION REFERS TO OFFICES THAT ARE GOING TO BE REPRESENTED ON THE TASK FORCE COMMITTEE, BUT THE NEW RESOLUTION REFERS TO PEOPLE, THE ORIGINAL RESOLUTION NAMES EIGHT OFFICES AND THE NEW RESOLUTION NAMES TEN PEOPLE TO FORM THIS COMMITTEE, THE BOARD AUTHORIZED THE COUNTY ATTORNEY TO CHANGE RESOLU- TION 75-8 TO DESIGNATE TITLES AND NOT NAMES AND TO INVESTIGATE WHETHER THIS COMMITTEE WILL HAVE EIGHT MEMBERS OR TEN MEMBERS, THIS HAVING BEEN COMPLETED RESOLUTION 75-8 IS HEREBY BEING MADE A PART -OF THESE MINUTES.; MAR 51975. 44 - AGE 89 • RESOLUTION NO. 75-8 A RESOLUTION SANCTIONING A CITY - COUNTY COORDINATING COMMITTEE FOR LOW AND MODERATE INCOME HOUSING; ENUMERATING THE FUNCTIONS AND AUTHORITY OF SAID COMMITTEE; APPOINTING MEMBERS OF THE EXISTING TASK FORCE COMMITTEE FOR LOW COST HOUSING AS MEMBERS OF THE COM- MITEE WHEREAS, the need for the purchase or rental of low cost housing in the City of Vero Beach and Indian River. County, Florida, is acute, resulting in extreme hardship for low and medium income employees and their families; and WHEREAS, the lack of low cost housing discourages • industry from locating in the City of Vero Beach and Indian River County; and WHEREAS, the economy of the aforementioned area is experiencing a recession and a clear and present need exists to stimulate the building industry, whereby jobs would be created and a flow of money would be realised by the business community; and WHEREAS, the City Council of the City of Vero Beach, by Resolution No. 2590, established a Task Force Committee for Low Cost Housing, the membership of which includes a representative of each of the following agencies: The Indian River County Commission; the Vero Beach City Council, a commercial bank, a savings and loan association, the Associated General Contractors, Piper Aircraft Company, the Chamber of Commerce, and the Board of Realtors; and WHEREAS, the Task Force Committee for Low Cost Housing as above mentioned, has met and voted to have the City of Vero Beach and Indian River County, Florida pass resolutions renaming the Committer to the Csty - County Coordinating Committee for Low and Moderate Income Housing and in said Resolution to briefly state the functions of the Committee and to provide same with authority to investigate available Federal grants andother sources of revenue necessary to carry out the objectives of the Committee; MAR 51975 NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, that the County Commission does hereby sanction and approve the City - County Coordinating Committee for Low and Moderate Income Housing, the membership of which shall be the same as established by and appointed as a result of City of Vero Beach Resolution No. 2590 and that the functions of that Committee shall be to study the location and size of low and moderate income housing, to determine the appropriate types of such housing, to meet with representatives of private enterprises and to prepare plans and make recommendations to the City of Vero Beach and Indian River County, Florida. IT IS FURTHER RESOLVED that the City - County Coordinating Committee for Low and Moderate Income Housing be and is hereby granted authority by Indian River County to investigate available Federal grants and other sources of revenue necessary to carry out the objectives of the Committee. *********** I HEREBY CERTIFY that the foregoing Resolution was. passed by the County Commission of Indian River County on the 19TH day of FEBRUARY , 1975. INDIAN RIVER COU1xTY CfJMMJySSION By adeZ Attest: Clerk Alma Lee Loy, Chafna MAR 51975_ 0.1):01( 1 MAR = 51975 P ATTORNEY COLLINS STATED THAT THE ORIGINAL SUBDIVISION REGU- LATIONS WERE ADOPTED BY RESOLUTION AND THAT RESOLUTION SHOULD BE RE- PEALED, HE WILL PREPARE A RESOLUTION REPEALING THE OLD SUBDIVISION REGULATIONS RESOLUTION AND PRESENT IT AT THE NEXT MEETING. THE BOARD DISCUSSED THE CHARTER STUDY COMMITTEE WORKSHOP MEETING TO BE HELD ON MARCH 6, 1975 AT 7:30 O'CLOCK P.M. IN THE COUNTY COMMISSION ROOM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO POST SIGNS AT AMBERSAND BEACH PARK PROHIBITING OVERNIGHT PARKING. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A REQUEST FROM EDWARD L. JACKSON, JR,, CIVIL DEFENSE DIRECTOR, TO PURCHASE A FM TRANSCEIVER TO BE INSTALLED IN HIS PRIVATE CAR FOR COMMUNICA- TION WITH HIS OFFICE AT A COST NOT TO EXCEED $500.00. THIS WOULD COME OUT OF THIS CURRENT BUDGET. COMMISSIONER WODTKE QUESTIONED THE LEGALITY OF COUNTY"RADIO IN A PRIVATE VEHICLE AND FELT THAT HE WILL NOT BE IN HIS CAR THAT MUCH TO USE IT. A MOTION WAS MADE BY COMMISSIONER SIEBERT TO APPROVE THE REQUEST FOR AN FM TRANSCEIVER AS REQUESTED BY EDWARD L. JACKSON, CIVIL DEFENSE DIRECTOR. COMMISSIONER SCHMUCKER SAID THAT WITH THE ECONOMIC SITUATION AS IT IS, HE WOULD LIKE TO POSTPONE APPROVAL OF THIS REQUEST UNTIL A LATER DATE, THE MOTION DIED FOR LACK OF A SECOND, NO FURTHER ACTION WAS TAKEN BY THE BOARD. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 75-10 AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, -17- • rt BOOK 22 YE[ 92 • .STATE OF FLORIDA COUNTY RESOLUTION ON USE. OF SECONDARY ROAD FUNDS RESOLUTION NO. 75-10 YEAR 1975-76 through 1979-80 • COUNTY INDIAN RIVER WHEREAS, under the provisions of Section 206.47, Florida Statutes .and Section 9, Article XII Constitution of the State of Florida, the •• Florida Department of Transportation.will•receive a portion of the surplus . of this County's pfo-rata'share of the 5th and 6th cent gasoline tax to be used within this County; and .• • WHEREAS,. under the provisions'.of.Section 339.O8. and Section 339.081, •Florida Statutes, the expenditure of such funds' shall be as prescribed by '..—regulations of the Department and pursuant to am adopted •resolution• by this Board of County Commissioners; and •.. • WHEREAS, -under the provisions of Section 334.21, Florida Statutes, 'the County is requiredto submit to the.Department.of•Transportation a plan. of Mork foie the construction and iinaintenance of roads and streets within its. • jurisdiction for the five-year period beginning. 1975 r • NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1�•. That the Florida Department of Transportation is hereby re-• • quested to use the aforesaid fundsfor the purposes'and projects -listed in EXHIBIT UP attached hereto and made a part hereof and that the Department -• consider the listed items in accordance with priorities shown and to the . • • extent of available funds in the preparation of its annual program of work for. the above -listed fiscal year with the remaining requests constituting a :• continuing program tote scheduled in accordance with estimated available funds during the succeeding four year -s. 2.. That the actual scheduling of work by the Department on the re- quested projects be in the order of priorities listed insofar as is practicable, but not to the extent of retarding the whole program or precluding the grouping' of similar, type projects in one construction contract° 3. That allocations and expenditures of funds by the Department shall not be restricted by an estimate of cost shown herein, and•that J. • • • MAR 51975 • • r • 1•••'.;:e - .i . • s� , y• . Yrc • v c. a.+L:. .»; ..1k4.4.1• e.-.waaL.[oCw.: ua-U+c:.1u+.u+.s�.ne.6V......n..t:... •........r �� _ Boo 22• PAGE 93 • e this Board concurs in the use by the Department of any available funds' necessary incidental to making those road projects listed in Exhibit "A" fu11y operating facilities within the termini described in said Exhibit, ' .and as shown on the accompanying map. 4. Waifat. any time, this County's secondary funds .programmed 0 . ° allocations become over or under -programmed in the amount of 105, the Depart event will. adjust the Secondary Program with the approval and recommendations •' ®f this Board to bring said program into balance. • . :5. 'That the methods and standards employed by the Department for the determination of major improvement features, including specific alignment, ivies and width of pavement, types of materials, and the Department's standard • specifications for construction are concurred in and approved by.ttiis Board. • PASSED. AND DULY ADOPTED IN OPEN SESSION 'March 5'; -1975. - • BOARD OF COUNTY COMMISSIONERS OF bidian River COUNTY, FLORIDA . ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONEF SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 75-11 AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE RIGHT OF WAY CONTRACT. .:!L f, -..,i . • 101.. ; p f M — 1'..•a.._ ... �i1� 1, . . MAR .51975 fiDo;41 .22:14.1 eaeV. H-72 Section 88511-2601 COUNTY COMMISSIONERS RESOLUTION No. 75-11 on motion n9 Commissioner Schmucker seconded by Commissioner Siebert , the following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized and requested Indian River County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 88511-2601 - extending from State Road 5 Easterly along Barber Avenue to Indian River in Vero Beach which has been surveyed and located by the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION as shown by a map on file in the Office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction :of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon or encroaching within the limits of the land recuired for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANS- PORTATION be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, �• of buildings, fences and other structures and utility relocations and for other expenses of said rights of way, borrow pits and easements including the removal improvements thereon, acquiring title to by purchase or condem- •nation, from proceeds of State of Florida Department of General Services bonds or secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further V- - p.. - .r. 0" " ci..:�. MAR 51975 -1- 0 •• 1. RES LVED, that said County through its Hoard of County Commissioners, comply with the request of said Department and pro- .. cure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of the Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Indian River County, Florida, at a meeting held the 5th day of March75 ,A. D., 19__, and recorded in the Commissioners minutes. IN WITNESS WHEREOF, / hereunto set my hand and official seal this 6th day of March ,A. D. 19 75 (SEAL) • 1 MAR 5 1875 e Bo n of County Clerk of is:ioners of Indian River County -2- BOOK 96 Rev. 8-72 MAR 51975 Section :33"11-2...31 RIGHT OF WAY CONTRACT PROVIDING FOL USE OF SECONDARY GASOLINE TAX FUNDS OR STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS THIS AGREEMENT made and entered into this 5th day of March , 19 75 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "Department", and the COUNTY OF I'"•ZT.'" ^IVER a Political Subdivision of the State of Florida, hereinafter called the "County", W I T N E S S E T H: WHEREAS, the Legislature of Florida has designated and established State Road No. none , and the Department has °located and surveyed a part of said Road designated as Section J3511-2Cn1 ,and has prepared a Map of Survey and Location covering that portion of said Section gn511-2go1 - e: tar.dieu from State loa.•'. 5 raattrly along Barber Avenue to Ino ian River in Vero Beach in said County, as shown on a map, duly certified as provided by law, on file in the office of the Department of Transportation, Tallahassee, Florida, and on file in the Office of the Clerk of the Circuit Court of said County, and in the judgment of the Department said location and survey have been found to be practicable, necessary and to the best interest of the State, and WHEREAS, the Department has requested and authorized said County to secure by donation or purchase, if possible, the lands and property necessary for such right of way, borrow pits and drainage ' easements for said portion of said Section, and such as may here- after be found necessary by the Department for said portion of said Section, and WHEREAS, the County is financially unable at this time to provide the necessary funds from local sources to acquire the right of way, borrow pits and drainage easements, and WHEREAS, the Board of County Commissioners of said County, at a meeting duly called and held on the 5Ln day of March A. D., 19 75, adopted a resolution, a copy of which is attached here - -1- BOOK r to as Exhibit "A" and made a part hereof, signifying its agreement to comply with the Department's said request, requesting the Depart- ment to pay for acquiring said lands for right of way, borrow pits and drainage easements from funds which have been or may be remitted to the Department under provisions of Article XII, Section 9 (4), of the Florida Constitution, and Section 335.041,.Florida Statutes, as amended, for expenditure solely within the County, or from proceeds of the State of Florida Department of General Services bonds issued for the purpose of constructing this project, and authorizing. its Chairman and its Clerk, on its behalf, to execute this Contract; NOW, THEREFORE, for and in consideration of the premises and of the mutual undertakings hereinafter set forth, the parties mutually covenant and agree as follows: 1. The County shall forthwith furnish the Department` with a title search made by a reliable Abstractor or Abstract Company. showing the present ownership and record description of each parcel of land over which said right of way,.borrow pits and/or easements extend, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens and tax certificates, or other interests, including possessive interests. Thereupon the Department shall prepare and furnish to the County the descriptions of said rights of way, borrow pits.and/or easements to be acquired for each of the several parcels of land, or interests therein as shown by said title search. The furnishing of said descriptions shall be solely for the assistance of the County and nothing in this paragraph shall be taken or construed as the Department's acceptance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the County of its agreement herein to furnish the Department free, clear and unencumbered title to the land required for said rig1it of way, borrow pits and easements, or from any of its covenants hereunder. 2. After the Department has furnished the County said descrip- tion, the County shall proceed, out of the funds specified below, to acquire either by donation or purchase the free, clear and unen- cumbered title to the land so required as aforesaid for said portion MAR 51975 -2- 8O8 " 22 ; : 98 1 MAR of said Section by the Department for said rights of way, borrow pits and easements, convey or vest the same to.or.in the State of Florida for the use of the State of Florida Department of Transpor- tation, by good and sufficient deed or deeds, and deliver to the Department said land. physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said porton of said Section and shall have adjusted or 'secure arrangements for the adjustment of all sanitary and/or storm sewers, gas mains, meter, water mains, fire hydrants,.pipes,.poles, wires, cables, conduits, and other utilities and facilities situate or encroaching upon said land. Any land to which the County has heretofore acquired free,.clear and unencumbered title, which may be necessary for said rights of way, borrow.pits and/or easements, shall be conveyed by the. County to the State for the said use under the provisions of.. this section. Upon completion, the County shall make a certificate to the Department stating for each parcel and instruments vesting the free, clear and unencumbered title thereto in the State and certify- ing the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustment of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed and that said rights of way are ready for construction of said por- tion of said Section. 3. In those instances where the County is unable to acquire, either by donation or purchase the lands and property necessary for such right of way, borrow pits and drainage easements for said por- tion of said Section, and such as may hereafter be found necessary by the Department for said portion of said Section, the County shall notify the Department of the necessity for condemnation proceedings.. The Department shall then, at its sole option, either condemn the lands,or authorize the County to do so. In those cases where the Department authorizes the County to handle the condemnation proceed tngs0, the County shall make a certificate to the Department stating - r)' ~:,:. 51975 -3- am 22' Pa', E • for each parcel condemned the .instruments vesting the free, clear and unencumbered title thereto in the State and certifying the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustments of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 4. Commencing with the date when the Department shall begin construction operations on said portion of said Section, and • at all times thereafter for so long as said portion of said Section shall continue to be a part of the State System of Roads the County, solely at its own expense, shall save, defend and keep the State of Florida, and the Department, its officers, employees and contractors harmless from any and all damages, claims Or injuries, actions at law or suits in equity arising from or growing out of any defector alleged defect affecting the title or right of possession of the State of Florida for the use of said road, to any portions of the lands, borrow pits and easements acquired by the County and required by the Department for said portion of said Section as aforesaid, or because of the lack of title or right of possession thereto or by reason of encumbrances thereon, or failure to have removed occupants, tenants, fences, buildings and/or -other structures and improvements or made or caused to be made adjustments of utilities and facilities thereon, and the County agrees to pay and discharge all lawful claims, damages, judgments, decrees and any other expenses arising from or growing out of such claims, injuries, actions or suits. 5. The Department agrees, at the direction of the County, by resolution attached hereto and made a part hereof, to pay for items set forth in Paragraph 7 below; either from proceeds of State of Florida Department of General Services bonds issued for the pur- pose of construction this project, or from secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended). 6. The County agrees that its acquisition of said rights of way, borrow pits and easements shall be conducted under supervision r .- -c- W4- W: • . Y,. •'il q . •. t ' 1• ��,yix'�1S'e°' i..6. s MAR 5 1975 of the Department. Upon receipt of the necessary and proper infor- mation from the County, the Department shall prepare requisitions • for payment out of said funds directly to the proper persons for the items set forth in Paragraph 7. 7. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements for said portion of said Section as aforesaid shall be paid for in the following manner: An appraisal shall be prepared of costs and damages required for the acquisition of the lands and ease- ments and the clearing of the right of way of all physical obstructions which shall be approved by the Department. After the appraisal is thus approved, expenditures of said funds will be approved for the following purposes and in the following amounts: 1. Payment of the price for the parcels of land or easements arrived at either by negotiation or by awards in condemnation including relocation assistance as applicable under Department policies and regulations. 2. The costs of title search and other title infor- mation up to such amount as may be approved by the Department. 3. The costs of the appraisal up to such amount as may be approved by the Department, provided the appraiser is approved by the Department before he is employed. 4. The compensation to be paid to the County Attorney, if applicable, handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolu- tion, which shall, in all cases, be subject to approval by the State of Florida Department of Transportation. 5. Payment into the Registry of the Court of amount set out in Order of Taking, if proceedings are instituted under Chapter 74, Florida Statutes. ,The County agrees not to stipulate for or agree to expenditure of funds from this deposit without approval of same by the Department, and further agrees that money so deposited shall be used only for the payment of awards of compensation to pro- perty owners; and the County further agrees to reimburse the bepartment for any money expended from said deposit for any other purpose. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed in quadruplicate by its Director of Administration and Executive Secretary, and its official seal to be affixedvand -5- . Elf1131( 22 ,11:[101. MAR 5 1975 I the County has caused it to be executed by its Chairman and its Clerk, and its official.seal to be affixed, the day and year first above written. Signed, sealed and delivered STATE OF FLORIDALIRDEPARTMENT OF in the presence of: . As to the Department OR 1975 -6- BY: Director of Administration ATTEST: (SEAL) Executive Secretary COUNTY OF I':DIT.?: PIVE% FLORIDA BY: ATTEST: ea, .t�/ iNr�.s (SEAL)- Clerk d/it Court & Ex - Officio Clerk of the Board of qpunty Commissioners of Indian raver' County ,. Qaxo.v 'll ,QO2 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED OUT—OF— COUNTY TRAVEL FOR JACELYN BLOCK, YOUTH GUIDANCE VOLUNTEER COORDINATOR, TO ATTEND A MEETING OF THE EAST CENTRAL FLORIDA PLANNING COUNCIL ON MARCH 12, 1975, IN ORLANDO REGARDING LAW ENFORCEMENT ASSISTANCE ADMINI— STRATION FUNDING FOR INDIAN RIVER COUNTY FOR 1975-76. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED OUT—OF—COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR TO ATTEND A STATE ASPHALT ASSOCIATION CONFERENCE IN STe AUGUSTINE ON MARCH 14, 1975, THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT AT THE COUNTY GARAGE MATERIAL IS STORED TO FENCE THE PERIMETER OF KIWANIS— HOBART PARK, AND HE SUGGESTED THAT ALBERT KERSEY BE HIRED UNDER CONTRACT TO INSTALL THIS FENCE. MR. KERSEY WILL FURNISH EVERYTHING NEEDED EXCEPT THE MATERIALS AT A COST TO THE COUNTY OF $.75 A LINEAL FOOT. THERE IS ABOUT FOUR MILES OF FENCING TO BE INSTALLED. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED HIRING ALBERT KERSEY UNDER CONTRACT TO INSTALL APPROXIMATELY FOUR MILES OF FENCING AT $.75 A LINEAL FOOT, TO BE PAID OUT OF FEDERAL REVENUE SHARING FUNDS; SUBJECT TO THE APPROVAL OF THE COUNTY ATTORNEY. L. S. "TOMMY" THOMAS INFORMED THE BOARD THAT THE DIVISION OF HEALTH UNDER THE EMERGENCY MEDSCAL SERVICE HAS FUNDING FOR ANOTHER AMBULANCE. UNDER THIS PROGRAM WE HAVE RECEIVED APPROVAL FOR A NEW AMBULANCE FOR SEBASTIAN, WHICH WILL COST APPROXIMATELY $13,000.00 e THE DIVISION OF HEALTH WILL PAY ONE—HALF, AND THE COUNTY'S SHARE WILL BE PAID WITH REVENUE SHARING FUNDS, MR. THOMAS SUGGESTED TALKING WITH THE CITY OF VERO BEACH FIRE CHIEF, FORREST SMITH, AS HE HAS • EXPRESSED A NEED FOR A NEW MODULAR AMBULANCE WHICH WOULD QUALIFY AS AN AMBULANCE AND AS RESCUE EQUIPMENT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR MAR 51975 az 103 L. S. "TOMMY" THOMAS, COUNTY COORDINATOR, TO ATTEND A MANPOWER COUNCIL MEETING IN KISSIMMEE OH MARCH 13, 1975. MR, THOMAS STATED THAT UNDER THE COMPREHENSIVE EMPLOYMENT TRAINING ACT THAT WILL EXPIRE JUNE 30, 1975, THERE WILL BE $128,000.00 LEFT OVER BECAUSE THE COUNTY, ALTHOUGH ALLOCATED $244,000.00 TO CREATE 84 JOBS, DID NOT RECEIVE ANY MONEY UNTIL THEY WERE SIX MONTHS INTO THE PROGRAM, MR, THOMAS CONTINUED THAT THERE ARE NO PLANS TO SPEND THE $1.28,000.00 BECAUSE AGENCIES DO NOT WANT TO HIRE AND TRAIN SOMEONE FOR ONLY FOUR MONTHS. THERE IS A POSSIBILITY THAT THIS PROGRAM MAY BE RENEWED FOR ANOTHER YEAR, BUT CONGRESS HAS NOT YET ACTED TO DO SO. THE $128,000.00 LEFT OVER WILL BE RETURNEDTOTHE FEDERAL GOVERNMENT IF THE PROGRAM IS NOT RENEWED, THE BOARD THEN DISCUSSED FORREST MCCULLAR'S REQUEST TO HIRE A SECRETARY FOR THE HOME EXTENSION ECONOMIST THAT WAS DISCUSSED THIS MORNING, THE BOARD AGREED THAT THERE IS MONEY BEING HELD IN ABEYANCE BUT UNTIL CONGRESS RENEWS THE CETA PROGRAM, THERE ARE NO FUNDS AVAIL- ABLE TO HIRE A SECRETARY AS REQUESTED BY FORREST MCCULLARS, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED FINAL PAYMENT OF $500.00 FOR SERVICES RENDERED TO ATTORNEY RICHARD NEILL WHO DEFENDED THE, COUNTY IN THE INDIAN RIVER COUNTY VERSUS EISWIL CORPORATION SUIT, STATEMENT FROM ATTORNEY RICHARD NEILL IS BEING MADE A PART OF THESE MINUTES. -29_ MAR 51975 80OK 22 pA'G'[104 IW ACCOUNT WITH NEII.L GRIFFIN JEFFRIES & LLOYD • CNARTIRCD a AiTORNIY$ P. 0. SOK 1570 PORT PIERCE. FLORIDA 33450 4f1.0MONi February 25,1975. . Indian River County Commission Indian River County Courthouse Vero Beach, Florida 32960 Re:.Indian River County advs Eiswil Corporation • LEGAL SERVICES:. Per attached itemization x Itemization of Statement Re: •Indian River County advs Eiswil February 25, 1975 $500.00 . 1974 Dee 5 Preparing and filing motion to tax costs Received notice of appeal from plaintiff's attorney- 27 ttorney 27 Letter from Miss Loy 1975 Jan 8 Preparating and filing notice of hearing on defendant's motion to tax costs 29 Telephone call to Ronald Sales, Esq., plaintiff's attorney Feb 3 Received copy of letter from Mr. Sales to Mr. Richard Taylor of Con Dev of Vero Beach • Letter from Mr. Sales Preparing Consent.Order Letter to Mr. Sales Call from Mr. Sales 5 Received stipulation to extend time to file brief from plaintiff's attorney 10 Letter from Mr. Sales 14 Letter from Mr. Sales 18 Letter to Miss Loy .19 Received copy of Order granting extention of time Received copy of notice of dismissal •LEGAL SERVICES $500.00 - 30- MAR BOOK PAG€ O ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED OUT-OF$COUNTY TRAVEL FOR THE COUNTY COMMISSIONERS, COUNTY ADMINISTRATOR AND COUNTY ATTORNEY TO ATTEND THE MID -YEAR CONFERENCE OF THE STATE ASSOCIATION OF COUNTY COMMISSIONERS IN .JACKSONVILLE ON MARCH 9, 1OTH AND 11TH, 1975. THE BOARD DISCUSSED APPOINTMENTS TO THE COASTAL COORDINATING COUNCIL WHICH WILL BE MADE AT THE NEXT MEETING, COMMISSIONER SIEBERT DISCUSSED WITH THE BOARD THE VIOLATION OF MINING OPERATIONS IN INDIAN RIVER COUNTY UNDER INDIAN RIVER COUNTY ORDINANCE 74-16 AMENDING ORDINANCE 71-3, SECTION 25. COMMISSIONER SIEBERT STATED THAT NO MATTER HOW MUCH WE SCREEN OUR MINING REGULATIONS THEY ARE STILL BEING VIOLATED, WE KNOW RIGHT NOW OF QUITE A FEW OPERATIONS THAT ARE IN VIOLATION OF THEIR PERMITS, HE FEELS WE SHOULD GIVE THEM TWO WEEKS TO SIjAPE UP OR THEY WILL BE CLOSED DOWN, ON JANUARY 29, 1975 A LETTER WAS WRITTEN BY THE ZONING DEPARTMENT STATING THAT MINING SITE PLANS HAVE NOT BEEN RECEIVED BY SEVERAL OPERATORS. THEY WERE GIVEN UNTIL APRIL 1OTH TO SUBMIT THEIR PLANS FOR REVIEW AND APPROVAL, IF THEY ARE NOT SUBMITTED BY APRIL 10TH, THEIR OPERATION WILL BE CLOSED DOWN UNTIL PROPER PLANS ARE SUBMITTED AND APPROVED BY THE SITE PLAN REVIEW COMMITTEE OF THE ZONING COMMISSION, ALSO DISCUSSED WAS THE MINING OPERATOR THAT SUBMITTED SITE PLANS, BUT DOES NOT FOLLOW THEM, AFTER DISCUSSION, ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED IN- J-. STRUCTING THE COUNTY ADMINISTRATOR, ZONING DIRECTOR AND COUNTY ATTORNEY TO INVESTIGATE EXISTING MINING PLANS AND PERMITS AND REPORT TO THE BOARD WITH A METHOD OF ENFORCING THE PLANS. NOW ON RECORD, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR WALLACE J. GOSSETT) JOHN A. MERRILL; ROBERT W. FERNANDEZ; ARTHUR C. NICHOLAS; J. LESTER POYNER; AND H. T. .JAMES, JR. FOR RENEWAL PERMITS TO CARRY FIREARMS. -31- MAR 51975 BOOK Z2 PAGEI.06 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR A. A. MUZZEY; RUFUS BUTLER; RICHARD PAUL COOK; RAYMOND NEIL GOODIN; ALLEN CRAIG FLETCHER; KENNETH WILLIAM POWELL, SR., FOR PERMITS TO CARRY FIREARMS, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED RETROACTIVE OUT -OF -COUNTY TRAVEL FOR HAROLD DE'WEIN, FINANCE DEPARTMENT, TO ORLANDO TO ATTEND AN IBM SYSTEMS SEMINAR, MARCH 4 -7TH, 1975. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED SHERIFF SAM T. JOYCE'S RECOMMENDATION TO DENY THE APPLICATION OF CLARA BELL WILLIAMS FOR A PERMIT TO CARRY A FIREARM BECAUSE OF HER BLINDNESS AND AUTHORIZED THE FINANCE DEPARTMENT TO REFUND HER $5.00, THE MONTHLY REPORT OF CITATIONS FOR FEBRUARY, 1975 WAS RECEIVED FROM THE SHERIFF'S DEPARTMENT AND PLACED ON FILE IN THE OFFICE OF THE CLERK, THE BOARD DISCUSSED A LETTER RECEIVED FROM CHARLES L. HERRING, ATTORNEY FOR URBAN DEVELOPMENT UTILITIES, INC., REQUESTING A SPECIAL MEETING BE SCHEDULED TO INCLUDE OFFICIALS OF THE DIVISION OF HEALTH DEPARTMENT OF POLLUTION CONTROL, COUNTY HEALTH DEPARTMENT, DEPART- MENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION, URBAN DEVELOPMENT UTILITIES AND COUNTY CONSULTING ENGINEERS TO DISCUSS URBAN DEVELOPMENT UTILITIES, INC., WATER PROBLEMS, THE BOARD INSTRUCTED THE COUNTY ADMINISTRATOR TO INFORM MR, HERRING THAT IN ACCORDANCE WITH HIS LETTER, THE BOARD WILL BE AGREEABLE TO HOLD A MEETING, PROVIDED THAT ALL OFFICIALS FROM THE ABOVE MENTIONED DEPARTMENTS CAN ATTEND, THE BOARD AGREED TO HOLD A SPECIAL MEETING ON THURSDAY, ,MARCH 13, 1975 AT 10:00 O'CLOCK A.M. IN THE COUNTY COMMISSION ROOM TO DISCUSS URBAN DEVELOPMENT UTILITIES, INC., WATER PROBLEMS:.. -32- .BAR 51975 eoog 22 PACE1O7 • THE JEANETTE B. FOLLOWING SUB -LEASE BETWEEN INDIAN RIVER COUNTY AND MERRIMAN) FOR OFFICE SPACE FOR THE STATE ATTORNEY, HAVING BEEN COMPLETELY SIGNED MINUTES. V IS HEREBY BEING MADE A PART OF THESE A S E This Sub Lease, made and entered into the Eighth day of January , 1975, by and between JEANETTE B. MERRIMAN as Guardian of L. M. Merriman, hereinafter termed Lessor, and THE COUNTY OF INDIAN RIVER, hereinafter termed Lessee, WITNESstad THAT: The Lessor, in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee and upon the conditions hereafter set out and subject to the rules herein referred to, hereby- demises and leases to the Lessee certain space in a building known as the Professional Building, situate on the Southwest corner of Twenty -First Street and Fifteenth Avenue in the City of Vero Beach, Florida, to wit: All of of the except the rooms East of the hall on the East Wing building, except the reception room and a portion of the South Room, beginning on the Eighth day of January, 1975, and ending on the Thirty-first day of December, 1975, together with the option to renew for one (1) additional year ending on the Thirty-first day of December 1976 at the same rate. Such. option to renew shall be exercised by the Lessee by written notice to the Lessor thirty (30) days prior to the Thirty-first day of December, 1975. The Lessee, in consideration of said demise and of the covenants and agreements herein by the Lessor agreed to be kept and performed, covenants and agrees with the Lessor as follows, to -wit: 1. To pay the Lessor at the office of Merriman and Roddenberry, as rent, for the said leased premises, during the term hereof, the sum of $400.00 per month on the first day of each and every calendar month during said term, said payments to begin on the first day of February, 1975. 51975 s�- 800ii 22 PAGE108 1 Page Two 2. The Lessor shall furnish the Lessee with lights, air conditioning, heating and water. 3. The rent for the month of January, 1575, shall be $12.90 per day for twenty-three C231 days. 4. The Lessor agrees that the checks for the payment of the rent shall be made payable to the firm of Merriman and Roddenberry. 5. The Lessee agrees to abide by the pertinent provisions of that certain Lease dated January 1, 1974, between BLOOMFIELD-VERO CORPORATION, Lessor and L. M. MERRIMAN Lessee; the pertinent parts of which said Lease are attached hereto and made a part hereof. WITNESSE our hands and seals thTni day of AR 5- 797 5 J ette B. Merriman, as Guardian of/L. M. Merriman Alma Lee Loy, as Chai an of the Board of County Commissioners for Indian River County 600X CONSENT TO SUB -LEASE WHEREAS, BLOOMFIELD VERO CORPORATION is the Lessor.of certain office space in the Professional Building, wherein L. M. MERRIMAN is the Lessee, AND WHEREAS, L. M. MERRIMAN desires to sub -lease certain por- tions of that office space to Indian River County, AND WHEREAS, Paragraphs six (61 and seven (71 of the original Lease between BLOOMFIELD VERO CORPORATION and L. M. MERRIMAN call for the approval of BLOOMFIELD VERO CORPORATION to sub -let any portion of the premises, NOW THEREFORE, for ten (10) dollars and other good and valuable consideration, BLOOMFIELD-VERO CORPORATION hereby agrees and consents to the subletting of that portion of the premises described in the Sub -Lease, attached hereto and made a part hereof, between JEANETTE B. MERRL , ;s Guardian of L. M. Merriman, and THE COUNTY OF IND John Moore, President B: OMFIELD-VERO CORPORATION Sworn to and subscril d before me this j) day of , 1975. Notary Pub id, State Florida at Large My Commission expiregjdhary Public, State of Florida at Large My Commission Expires Sept. 13, 1976." r P �t Boot .113 -10 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINEDAND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT AS SAME AS FOLLOWS: GENERAL FUND NOS. 3937 - 4009 INCLUSIVE; ROAD AND BRIDGE FUND Nos. 2085 - 2116 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 853 - 856 INCLUSIVE; CAPITOL OUTLAY FUND Nos. 169 - 171 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 6:40 O'CLOCK P.M. ATTEST: • CLERK CHAIRMAN Aer WEDNESDAY, MARCH 19, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA. ON WEDNESDAY, MARCH 19, 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. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS ABSENT BECAUSE OF ILLNESS AND CALVIN B. BROWN, ATTORNEY, SAT IN FOR HIM. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND RICHARD C. "DICK" STEVENS, FROM THE CHAPEL IN THE PINES GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF TUESDAY, FEBRUARY 25, 1975, THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 25, 1975 AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF THURSDAY, FEBRUARY 27, 1975, THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 27, 1975, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF WEDNESDAY, MARCH 5, 1975. COMMISSIONER WODTKE REQUESTED THE FOLLOWING CHANGES: ON PAGE 17 FOURTH PARAGRAPH, THIRD LINE THAT PORTION OF THE SENTENCE READING "... TO BE INSTALLED IN HIS CAR..." BE CHANGED TO READ "....TO BE INSTALLED IN HIS PRIVATE CAR..". ON PAGE 31, FOURTH PARAGRAPH, FIRST LINE, "COMMISSIONER STATED.." BE CHANGED TO READ "COMMISSIONER SIEBERT STATED...". COMMISSIONER SCHMUCKER REQUESTED ON PAGE 5 THE NAME J.T. PATTERSON'BE CHANGED TO READ*J.T. PATTESON. COMMISSIONER SIEBERT REQUESTED THE FOLLOWING CHANGES: ON PAGE 1, FIFTH PARAGRAPH, "COMMISSIONER WODKTE" BE CHANGED TO READ "COMMISSIONER WODTKE". ON PAGE 4, SIXTH PARAGRAPH, SECOND LINE, "....THE BOARD UNANIMOUSLY AGREED WITH THE RELEASE.ro BE CHANGED TO READ "...TO AGREE:` WITH THE RELEASE...". ON PAGE 15 - RESOLUTION 75-8 - TO INCLUDE A REPRESENTATIVE OF THE CITRUS INDUSTRY AND THE HOTEL AND MOTEL INDUSTRY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO.AMEND'RESOLUTION 75-8: TO INCLUDE AMENDING THE MEMBERSHIP OF THE CITY-COUNTYCOORDINATING COMMITTEE FOR LOW AND MODERATE INCOME HOUSING TO INCLUDE A REPRESENTATIVE OF THE CITRUS INDUSTRY AND THE HOTEL AND MOTEL INDUSTRY, THESE CORRECTIONS HAVING BEEN.MADE, A MOTION WAS MADE BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, THE BOARD. UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF MARCH 5, 1975, AS WRITTEN. PAUL GOODRIDGE AND DALE PATCHETT, MEMBERS OF THE COMMITTEE FOR THE PRESERVATION OF MCKEE JUNGLE GARDENS,APPEARED WITH INFORMATION THE - BOARD REQUESTED AT THEIR MARCH 5, 1975 MEETING. A FINANCIAL STATEMENT OF THE GARDENS, FROM JULY, 1974 TO FEBRUARY, 1975 WAS PRESENTED TO THE BOARD ALONG WITH THE COMMITTEES SUGGESTIONS FOR MANAGEMENT ALTERNATIVES OF THE GARDENS. THE FINANCIAL STATEMENT FROM JULY, 1974 TO FEBRUARY 1975 SHOWS A NET LOSS OF $51,667.66. MR. GOODRIDGE STATED THAT HE DISCUSSED WITH THE OWNERS OF THE GARDENS, THE POSSIBILITY OF THEIR CONSIDERING SELLING ONLY THE GARDENS AND NOT.THE OTHER PARCELS LISTED IN THE PACKAGE AND THEY STATED THAT THEY WILL NOT REDUCE THE PRICE OF THE GARDENS. . THEY ARE WILLING TO SELL THE GARDENS WITHOUT THE PARCELS TO THE SOUTH AND TO THE WEST OF THE GARDENS, BUT THEY WILL NOT LOWER THE PRICE. MR. PATCHETT DISCUSSED THE MANAGEMENT ALTERNATIVES AND SUGGESTED THAT THE GARDENS BE USED AS A COUNTY PARK AND NOT AS A BUSINESS. IF IT IS USED AS A PARK,THE ANIMALS AND CAGES,. THE GIFT SHOP AND GATE FEES COULD BE ELIMINATED, WHILE ATTEMPTING TO FIND CIVIC ORGANIZATIONS TO MAINTAIN THE GARDEN'S ORCHID DISPLAYS.. .HE CONTINUED THAT THE BEST USE OF THE GARDENS WOULD BE FOR PICNICKING, ENVIRONMENTAL EDUCATIONAL FACILITIES AND BOAT LAUNCHING FACILITIES. THE SECOND CHOICE WOULD BE TO OPERATE THE GARDENS AS THEY ARE'NOk -2.- AR 131975 K avr� BO , PAG l.13 BEING RUN, WITH SUGGESTED ADDITIONS OF MORE PICNIC FACILITIES, AN ENVIRONMENTAL EDUCATION CENTER AND BOAT LAUNCHING FAILITIES. THE COMMITTEE'S THIRD ALTERNATIVE WOULD BE ABOUT THE SAME AS THE SECOND CHOICE, EXCEPT SOME COSTS, SUCH AS -ANIMAL MAINTENANCE AND PROPERTY TAXES, INSURANCE, EQUIPMENT RENTAL, DUES AND.;SUBSCRIPTIONS, FOOD, WOULD BE ELIMINATED. MR. PATCHETT STATED THAT THE COMMITTEE IS INTERESTED IN CONTINUING THEIR EFFORTS TO OBTAIN THE GARDENS- HE INFORMED THE BOARD THAT THERE IS NO LONGER AN OPTION TO BUY THE GARDENS. MR. PATCHETT SUGGESTED THAT THE NEXT STEP SHOULD BE THE BOARD'S AUTHORIZATION FOR A SECOND APPRAISAL. DR. HERBERT KALE, PRESIDENT OF THE PELICAN ISLAND AUDUBON SOCIETY AND A MEMBER OF THE COMMUNITY APPEARED AND STATED THAT AT MCKEE JUNGLE GARDENS THERE ARE 'COASTAL HAMMOCKS° WHICH WE DO NOT HAVE -ANYWHERE ELSE IN THE COUNTY AND DR. KALE URGED THE COMMISSIONERS TO PROCEED WITH THE PROPOSED PURCHASE OF THE GARDENS. JEROME KRAMER, REPRESENTING THE VERO BEACH CIVIC ASSOCIATION APPEARED AND AGREED THAT ANOTHER APPRAISAL IS NECESSARY AND SUGGESTED THAT THE BOARD AUTHORIZE THIS. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, TO AUTHORIZE HAVING AN APPRAISAL MADE OF MCKEE JUNGLE GARDENS. COMMISSIONER SIEBERT QUESTIONED THE COST OF AN APPRAISAL. COMMISSIONER SCHMUCKER WITHDREW HIS MOTION AND COMMISSIONER WODTKE WITHDREW HIS'SECOND. A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY, ATTORNEY TO CONTACT AN APPRAISER AND FOR THEM TO ADVISE US OF THE APPROXIMATE COST OF AN APPRAISAL OF THE TOTAL PROPERTY PACKAGE OF MCKEE JUNGLE GARDENS, BUT TO SEPARATE THE PROPERTY THAT IS NOT CONTIGUOUS. JACELYN BLOCK, WITH THE YOUTH GUIDANCE VOLUNTEER PROGRAM APPEARED REQUESTING THE BOARD'S APPROVAL OF THE YOUTH GUIDANCE VOL- UNTEER PROGRAM FOR 1975-76 AND ITS BUDGET. MARGARET KULCZYCKI, A GUIDANCE COUNSELOR AT THE CITRUS ELEMENTARY SCHOOL APPEARED STATING THAT SHE IS USING THE SERVICES OF THE YOUTH GUIDANCE PROGRAM AND HAS SEEN GOOD RESULTS. MRS.KULCZYCKI IS VERY MUCH IN FAVOR OF THE PROGRAM. MRS. BLOCK STATED THAT THE FUNDS FOR THIS PROGRAM COME FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION THROUGH THE BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE. THE COUNTY'S SHARE IS $3,345.00; L.E.A.A. SHARE IS $11,750.00 AND THE STATE'S SHARE IS $625.00. THE TOTAL BUDGET IS $15,220.00. MRS. BLOCK STATED THAT THE FISCAL YEAR OF THIS PROGRAM WILL BE CHANGED TO COINCIDE WITH THE COUNTY'S FISCAL YEAR AND THE $15,200.00 -BUDGET WILL BE FOR 14 MONTHS. COMMISSIONER SCHMUCKER STATED THAT YOUTH GUIDANCE IS A VERY GOOD PROGRAM, BUT DUE TO THE TOUGH ECONOMIC SITUATION WE ARE IN, HE PROPOSED A 10% CUT IN THIS BUDGET. COMMISSIONER SIEBERT STATED THAT AS THE YOUTH VOLUNTEER COORDINATOR OF THIS PROGRAM HE DID NOT AGREE WITH A 10% DECREASE IN THE BUDGET. HE STATED THAT THIS A PREVENTATIVE PROGRAM FOR CHILDREN AND -YOUNG ADULTS AND HE FEELS THIS EXPENDITURE IS VERY WORTHWHILE COMMISSIONER WODTKE ASKED HOW MANY PAID PEOPLE IN THE PROGRAM AND ARE THERE ANY SALARY INCREASES? MRS. BLOCK STATED THAT SHE IS THE 'ONLY PAID EMPLOYEE AND ALL OTHER PEOPLE ARE VOLUNTEERS AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, COMMISSION SCHMUCKER VOTED IN OPPOSITION; THE BOARD APPROVED THE YOUTH GUIDANCE VOLUNTEER PROGRAM AND 1975-76° BUDGET AND ADOPTED THE FOLLOWING RESOLUTION No. 75-13. RESOLUTION NO. 75-13 WHEREAS, the Board of County Commisssioners of Indian River County, Florida, herein called the "Applicant", after thorough consideration of the problem and available data, - has hereby determined that the project described below is in the best interests of the general public: The Youth Guidance Volunteer Program is designed for children who are not yet classified as delinquent but are on the way. It is hoped that by utilizing the skills of a volunteer on a one-to-one basis, the child's needs can be met, therefore, preventing the child from having to go through with official court action and receiving a court record. With the use of the Volunteer Program the child's needs can be met by a Volunteer, diverting the child from the Juvenile Court and Division of Youth Services personnel, therefore freeing the Youth Counselor's time to provide more efficient counseling to those children that need his professional skills. and WHEREAS, under the terms of Public Law 90-351, as amended, the United States of America has authorized the Law Enforcement Assistance Administration, through the Bureau of Criminal Justice Planning and Assistance, to make Federal Grants to assist local governments in the improvement of criminal justice; and WHEREAS, the Applicant has examined and duly con- sidered such Act and the Applicant considers it to be in the public interest and to its benefit to file an application under said Act and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, in.open meeting assembled in the City of Vero Beach, Florida, the 19th day of March, 1975, as follows: 8OOK 22 PAGE 1IC et 1. That the project generally described above is in the best interests of the Applicant and the general public. 2. That Jack G. Jennings, County Administrator, be hereby authorized to file in behalf of the Applicant an application in conformity with said Act, for a grant to be made to the Applicant to assist in defraying the cost of the project generally described above. 3. That ifsuch grant be made, the Applicant shall provide or make necessary arrangements to provide such funds and/or in-kind contributions in addition to the grant as may be required by the Act to defray the cost of the project generally described above. • 4. That said Jack G. Jennings, County Administrator, is hereby authorized to furnish such information and take such other action as may be necessary to enable the Applicant to qualify for said grant. 5. That the Official designated in the preceding paragraph is hereby designated as the authorized representa- tive of the Applicant for the purpose of furnishing to the Bureau of Criminal Justice Planning and Assistance such in- formation, data and documents pertaining to the application for said grant as may be required and otherwise to act as the authorized representative of the Applicant in connection with this application. 6. That certified copies of this resolution be included as part of the application for said grant to be submitted to the Bureau of Criminal Justice Planning and Assistance. 7. That if such grant be made, the Applicant, or Official designated in paragraph 4 above shall maintain such records necessary and furnish such information, data and documents as required by the Bureau of Criminal Justice Planning and Assistance to support the implementation of the project generally described above. 8. That this resolution shall take effect'immediately upoit its adoption. DONE AND ORDERED in open meeting.:.` ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN; RIVER COUNTY, FLORIDA By Cha Clerk -MAR 191975 1 ,a1 BOOK _2Z • PAGE118 A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY; AGREED THAT THE COUNTY ADMINISTRATOR WILL BE THE IMPLEMENTING AGENT FOR THE YOUTH GUIDANCE VOLUNTEER PROGRAM. CHAIRMAN LOY STATED THAT AT THE CONCLUSION OF A WORKSHOP SESSION ON MARCH 6, 1975 REGARDING FORMING A CHARTER STUDY- COMMISSION TO STUDY OUR PRESENT GOVERNMENT STRUCTURE, IT WAS THE CONSENSUS OF THE BOARD, THAT THEY WOULD BE INTERESTED IN APPOINTING SOME TYPE OF COMMITTEE TO STUDY OUR PRESENT COUNTY GOVERNMENT AND THE ALTERNATIVES THAT ARE AVAILABLE TO THEM, CHAIRMAN LOY RECOMMENDED: "THE FORMATION OF AN INDIAN RIVER COUNTY GOVERNMENT STUDY COMMITTEE CHARGED WITH THE RESPONSIBILITY OF EXAMINING OUR PRESENT COUNTY GOVERNMENT AND ALL FEASIBLE ALTERNATIVES, TO PROVIDE THE MOST ECONOMICAL, MOST EFFICIENT, AND MOST RESPONSIVE GOVERNMENT TO THE CITIZENS OF INDIAN RIVER COUNTY, THE COMMITTEE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS SHALL BE COMPOSED OF NINE MEMBERS, REPRESENTING A CROSS SECTION OF AREAS AND INTERESTS OF THE COUNTY. THE COMMITTEE TO BE FUNDED FOR ADMINISTRATIVE NEEDS UPON RECOMMENDATION OF THE COMMITTEE, IN CONSULTATION WITH THE BOARD OF COUNTY COMMISSIONERS AND APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS. FUNDING APPROVALS TO BE APPROVED PRIOR TO EXECUTION. THE COMMITTEE SHALL REPORT FINDINGS TO THE BOARD OF COUNTY COM- MISSIONERS AS THEY DEEM APPROPRIATE, BUT NO LATER THAN DEC EMBER 31, 1975." COMMISSIONER SIEBERT STATED THAT HE AGREED WITH CHAIRMAN LOY BUT FELT THAT THE STUDY COMMITTEE SHOULD BE SET-UP FOR A SPECIFIC PERIOD OF '' TIME SUCH AS SIX MONTHS FROM THE TIME OF THE FIRST COMMITTEE MEETING, AND IF NECESSARY, IT COULD BE EXTENDED, HE CONTINUED THAT, IN HIS:OPIN OIN, THE FIRST ORDER OF BUSINESS WOULD BE TO DECIDE ON THE ADMINISTRATIVE • NEEDS AND FUNDAMENTAL NEEDS OF THE COMMITTEE; SELECT A CHAIRMAN; APPOINT- MENT OF THE COMMITTEE SHOULD BE IN CONSULTATION WITH THE CHAIRMAN AND HIS COMMENTS BE CONSIDERED IN THE SELECTION OF THE COMMITTEE. COMMISSIONER SIEBERT STATED THAT HE HAD TALKED WITH DAN RICHARDSON REGARDING THE CHAIRMANSHIP OF THIS COMMITTEE, BUT MR, RICHARDSON HAS IN NO WAY ACCEPTED IT. COMMISSIONER SCHMUCKER AGREED WITH COMMISSIONER SIEBERT AND CHAIRMAN LOY'S SUGGESTIONS, 114411':1 91975 BOOK 2 eAct119 COMMISSIONER WODTKE AGREED BASICALLY WITH THE IDEA, BUT FELT THAT ELEVEN MEMBERS ON THE COMMITTEE INSTEAD -OF THE SUGGESTED NINE'JWOULD BE BETTER. ATTORNEY BROWN RECOMMENDED THAT THE BOARD HAVE A NINE MEMBER GOVERNMENT STUDY COMMITTEE SO THAT THERE WILL BE NO CONFUSING THIS COMMITTEE WITH A CHARTER STUDY COMMISSION, WHICH THE STATUTE STATES WILL HAVE ELEVEN TO FIFTEEN MEMBERS. CHAIRMAN LOY STATED THAT THE DECISION TO HAVE A NINE MEMBER COMMITTEE WAS SO THAT IT WOULD NOT BE CONSTRUED AS A COMMISSION, BUT MERELY A COMMITTEE TO INVESTIGATE IF THERE SHOULD BE A CHARTER STUDY COMMISSION. COMMISSIONER WODTKE ALSO SUGGESTED THAT THIS COMMITTEE HOLD PUBLIC HEARINGS TO RECEIVE THE PUBLICS INPUT. COMMISSIONER SIEBERT QUESTIONED IF COMPREHENSIVE EMPLOYMENT TRAINING ACT (CETA) FUNDS WOULD BE AVAILABLE TO STAFF THIS OFFICE. L.S. "TOMMY" THOMAS, COUNTY COORDINATOR STATED THAT THEY WOULD BE AVAILABLE. VAL BRENNAN, PLANNING DIRECTOR, STATED THAT HE DOES HAVE OFFICE SPACE FOR THE CHAIRMAN AND A SECRETARY TO USE. JEROME KRAMER, A MEMBER OF THE VERO BEACH CIVIC ASSOCIATION APPEARED AND STATED THAT HE WAS IN FAVOR OF THIS COMMITTEE BEING FORMED AND ALSO AGREED WITH COMMISSIONER WODTKE'S SUGGESTION OF PUBLIC HEARINGS FOR INPUT, J.B. EGAN III, CHAMBER OF COMMERCE, WAS PRESENT AND AGREED WITH THE ACTION OF THE BOARD. COMMISSIONER SIEBERT STATED THAT IT SHOULD BE CLEARLY UNDERSTOOD THAT THE CHAIRMAN WILL BE SERVING IN A LEADERSHIP CAPACITY ONLY AND THAT THE ACTUAL WORK WILL BE DONE BY THE COMMITTEE AND THEIR SUBCOMMITTEES. MR. KRAMER ASKED IF THE COMMISSIONERS WOULD WELCOME INPUT FROM THE CIVIC ORGANIZATIONS IN THE WAY OF SUGGESTED PROCEDURES AND APPROACHES TO THE SITUATION. COMMISSIONER SIEBERT STATED THAT HE WOULD WELCOME INPUT, BUT NOT PROCEDURES AND APPROACHES. PROCEDURES SHOULD BE SET-UP BY THE COMMITTEEt 800A- (i0Gi 7P la E THE BOARD AGREED TO APPOINT A LOCAL GOVERNMENT STUDY COMMITTEE'. AND OMMITTEE - AND THAT THE FOLLOWING STEPS BE TAKEN. 1. TO CONSULT WITH THE GENTLEMAN THAT HAS BEEN NAMED AND ANY OTHERS THE BOARD FEELS WOULD BE APPROPRIATE TO SERVE AS CHAIRMAN OF THE COM— MITTEE FOR THEIR CONCURRENCE. 2. APPOINT THE CHAIRMAN AND ADOPT THE RULES AND PROCEDURES AT THE APRIL 9, 1975 BOARD MEETING. 3. APPOINTMENT OF CITIZENS TO SERVE ON THE COMMITTEE AT THE MEETING OF APRIL 23, 1975. 5. 6. 7. 8. THE STUDY TO BE COMPLETED WITHIN SIX MONTHS FROM THE FIRST COMMITTEE MEETING. AN ADMINISTRATOR AND/OR SECRETARY WILL BE MADE AVAILABLE -AS REQUIRED, THE CHAIRMAN IS EXPECTED TO ACT IN A LEADERSHIP CAPACITY ONLY. LEGAL ASSISTANCE WILL BE MADE AVAILABLE WHEN NECESSARY. OFFICE SPACE WILL BE PROVIDED FOR ADMINISTRATIVE PERSONNEL. 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, COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appear says that he is Business Manager of the Vero Beach Press -Jou at Vero Beach in Indian River County, Florida; that the attac O) co ,..5\41,5 la/ ✓, 9 10.0to $`JS who • wth ewspaper p . of advertisemecft" ng ay 1.`6.1• a In the Court, was pub - lashed 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 ___ / , /q A.D. ], (SEAL) MAR 19 1975 (Business Managed (Clerk of the Ciit Court, Indian River County, Florida) -10 • NOTICE OF HEARING All Interested parties are hereby notified that the Board of County Commissioners of Indian River County, State of Florida, wilt hold a public hearing on March 19. 1975, at 11:00 o'clock A.M. in the Board of County Commissioners' room to the Indian River County Cour- • thouse, Vero Beach, Indian River i County. Florida, to consider the request of WILLARD D. CHAD - WICK and BOBBY R. DORTON, doing business as Andy's. Sanitation for approval of their transfer and assignment to Fred •Morrill and Richard Morrill of the franchise for the collection of trash • and garbage known as Andy's I Sanitation Service Franchise. which said franchise is applicable kto alt that part of Indian River County, State of Florida, located within the following boundary lines: • All of Indian River County, except that part of Indian River County lying North of State Road 510 and East of the South Fork of the Sebastian River and South of the North County line and West of the - Indian River. Parties in interest and citizens will be heard by the Board at said public hearing. Dated this 5th day of March, _1975. Board of County Commissioners Indian River County Florida •s•Almd Lee Loy Chairman Approved: Date: Mar. S, 1975 -s-Jack Jennings County Administrator Mar. 9, 1915. 121 WILLIAM COBB, ATTORNEY, REPRESENTING FRED AND RICHARD MORRILL APPEARED AND MADE HIS PRESENTATION REQUESTING THE BOARD'S APPROVAL OF A TRANSFER AND ASSIGNMENT OF ANDY'S SANITATION FROM WILLARD D, CHADWICK AND BOBBY R, DORTON, As STATED IN THE MINUTES OF FEBRUARY 5TH_AND 19TH, 1975, FRED AND RICHARD MORRILL HAVE BEEN OPERATING ILLEGALLY UNDERANDY'S SANITATION SINCE 1970, AS'THEY NEVER RECEIVED AN ASSIGNMENT OF TRANSFER OF ANDY'S SANITATION FROM WILLARD CHADWICK AND BOBBY DORTON THAT WAS APPROVED BY THE BOARD, THE BOARD QUESTIONED IF MR, COBB HAD COMPLETED AND FILED THE APPLICATION FOR THE TRANSFER OF THIS FRANCHISE AND DID HE HAVE A FINANCIAL STATEMENT TO PRESENT TO THE BOARD, MR, COBB STATED THAT HE DID NOT HAVE THIS APPLICATION NOR DID HE HAVE THE FINANCIAL STATEMENT, THE BOARD INFORMED MR, COBB THAT IN APPLYING FOR A TRANSFER OF ASSIGNMENT OF A FRANCHISE THE PROCEDURE TO FOLLOW IS OUTLINED IN CHAPTER 59-1380 AND IN THE FRANCHISE:ITSELF, PRESENT FOR THIS DISCUSSION WAS MR, CHADWICK, WHO IS THE LEGAL HOLDER OF THE FRANCHISE, ROBERT JACKSON, ATTORNEY, REPRESENTING RURAL SANITATION APPEARED STATING THAT THE MORRILLS KNEW WHAT THEY HAD TO DO BEFORE THEY STARTED OPERATING UNDER THIS FRANCHISE TWO YEARS AGO, IT WAS HIS OPINION THAT THIS FRANCHISE BE TERMINATED AND HARRIS SANITATION, THE.COMPANY THE MORRILLS ARE SELLING TO, MAKE APPLICATION FOR THIS FRANCHISE, COMMISSIONER WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED COMPLAINTS REGARDING THE SERVICE OF ANDY'S SANITATION, HE STATED THAT HE COULD NOT VOTE TO APPROVE THE ASSIGNMENT OF TRANSFER FOR A SERVICE THAT IS IN FINANCIAL TROUBLE AND IS NOT ABLE TO FUNCTION, CHAIRMAN LOY STATED THAT BEFORE THIS BOARD ENTERTAINS ONE MORE REQUEST FOR FRANCHISE FOR ANYBODY, THE RULES AND PROCEDURES OUTLINED IN THE COUNTY ADMINISTRATOR'S OFFICE WILL - 11 - HAVE TO BE COMPLETED AND APPROVED BY THE COUNTY ADMINISTRATOR BEFORE A DATE IS SET FOR A PUBLIC HEARING, IF THE MORRILL BROTHERS WOULD LIKE TO SUBMIT THE SAME TYPE OF APPLICATION THAT IS REQUIRED OF EVERYONE ALONG WITH THEIR FINANCIAL:STATE MENT, THE BOARD WILL MAKE A DECISION ON THE REQUEST TO TRANSFER THIS FRANCHISE FROM CHADWICK AND DORTON TO THE MORRILLS. IF THEY CHOOSE NOT TO, THE BOARD WILL DECIDE WHETHER OR NOT TO TERMINATE THIS FRANCHISE, HARRIS SANITATION, WHO IS INTERESTED IN THIS FRANCHISE, CAN THEN APPLY FOR A NEW FRANCHISE, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COM- MISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THIS PUBLIC HEARING UNTIL THE APRIL 9, 1975 BOARD MEETING BECAUSE FRED AND RICHARD MORRILL DID NOT SUPPLY SUFFICIENT INFORMATION, THE MORRILL BROTHERS WERE ADVISED TO FURNISH A FINANCIAL STATE- MENT; FILL OUT THE NECESSARY APPLICATION TO ABIDE BY THE RULES AND PROCEDURES SET FORTH BY THE BOARD; AND WERE REQUESTED TO HAVE THIS INFORMATION IN THE COUNTY ADMINISTRATOR'S OFFICE PRIOR TO APRIL 1ST, 1975. MARGARET DIXON, PRESIDENT OF SAFETY CITY, INC., AND TOM NASON, IN BEHALF OF THE BOARD OF DIRECTORS OF SAFETY CITY, APPEARED REQUESTING THE BOARD'S APPROVAL TO USE THE PERSONNEL HIRED UNDER THE VARIOUS FEDERAL AND STATE MANPOWER PROGRAMS TO ASSIST IN THE GRADING AND CLEANUP WORK AT SAFETY CITY, THE BOARD AGREED THAT THE COUNTY ADMINISTRATOR HAS BEEN AUTHORIZED TO DO THIS WORK FOR SAFETY CITY IF SAFETY CITY TELEPHONES THE COUNTY ADMINISTRATOR IN ADVANCE OF THEIR NEEDS, MR, NASON ALSO ASKED IF THERE ARE FUNDS AVAILABLE UNDER A TITLE 6 PROGRAM WHETHER THERE IS ANY WAY SAFETY CITY COULD OBTAIN THESE FUNDS,;'•. HE STATED THAT SAFETY CITY SHOULD BE COMPLETED BY JULY, 1976, IN TIME FOR THE BI -CENTENNIAL CELE- BRATION CHAIRMAN LOY INFORMED MR. NASON THAT IF HE CONTACTED THE BI -CENTENNIAL PROJECT COMMITTEE, THERE MIGHT POSSIBLY BE SOME FUNDS AVAILABLE. THE BOARD RECESSED AT 12:30 O'CLOCK AND RECONVENED AT 2:00 O'CLOCK P.M. 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-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being -per. . in the matter of in the Ilshed in said newspaper in the issues of 30, 157 Affiant further says that the said V=ro Beach Press-Joumal 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 bean 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 MAR191975--,__ d A.D. Pi 1 ) (C = of .• = Circuit ourt, Indian River County, Florida) • 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: 1. That the Zoning Map bd changed in order that the foitowing • described property, situated in Indian, River County, Florida, to- wit: owit: The South 840 feet of the NE IA of the NW IA end the North 120 feet of the SE ¼ 01 the NW IA of .Section 13, Township 33 -South, Range 39•East, Indian River County, Florida, Tying west of the Old Dixie Highway EX- CEPTING from this con- veyance, however, all of Blocks 4 and 5 of Gloria • Gardens according to plat filed in the office of the Clerk of the Circuit Court of St. Lucie Co.mty, Florida, in Plat Book 5, page33 with the exception of Lot 5 of Black 5 of said Gloria Gardens which is being con- veyed hereby. Said land lying • and being in Indian River County, Florida.. • Be changed from R-1 Single Family District, to R -2C Multiple Family District. A public hearing in relation thereto at which parties in Interest.' and citizens shall have an op- • porfunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian +River County Courthouse, Vero ` ,Beach. Florida, Thursday, February 27, 1975, at 7:30 P.M., after whkh a public hearing in relation thereto et which parties in -‘ Interest and citizens shall have an opportunity to be heard, will be ;held the Boarof Co Commisystaners Indian River County, Florida, in the County ``Commission Room, Indian River Coalty.Courthouse, Vero Beach, Florida, on Wednesday, March 19, 1975, at 2:00 P.M. Indian River County Board of County Commissioners By: Alma Lee Loy Chairman rindian River County Zoning Commission By: Ralph Sexton - w Chairman Jan. 30, 1975. • . DAVID ROBISON, ARCHITECT, APPEARED REQUESTING RE- ZONING OF A PARCEL OF LAND FROM R-1 SINGLE FAMILY DISTRICT TO R -2C MULTIPLE FAMILY DISTRICT. -13- BOOK 22 PAGE124 MR. ROBISON PRESENTED A PLAN OF DEVELOPMENT AND STATED THAT THIS PROPERTY IS LOCATED OFF OLD' DIXIE HIGHWAY, SOUTH OF GLENDALE ROAD. THE PARCEL CONSISTS OF 17.6 ACRES AND THE PLAN IS TO BUILD 176 ABUTTING UNITS. A FENCE IS PROPOSED ON,THE WEST SIDE OF THIS DEVELOPMENT, AND ALSO FROPOSED,IS A 120 FOOT SET- BACK FROM THE BACK OF THE BUILDINGS TO THE WEST PROPERTY LINE. THE RECOMMENDATION FROM THE ZONING COMMISSION WAS FOR R -2B, BUT MR, ROBISON IS REQUESTING R -2C MULTIPLE FAMILY DISTRICT. VAL BRENNAN, PLANNING DIRECTOR, APPEARED AND STATED THAT HE AGREES WITH THE ZONING COMMISSIONS RECOMMENDATION OF R -2B. THE ZONING COMMISSION AND THE PLANNING DEPARTMENT AGREE WITH THE 120 FOOT SET -BACK AS IT SETS UP A BUFFER AREA. COMMISSIONER SIEBERT QUESTIONED WHERE THE SEWER ,AND WATER TREATMENT PLANT WILL GO. MR. ROBISON STATED THAT IT WILL BE PLACED ON THE EAST SIDE OF OLD DIXIE HIGHWAY. CHAIRMAN LOY STATED THAT THE RECORDS SHOULD INDICATE THAT THE ZONING COMMISSION WAS PRESENTED WITH A PETITION FROM THE PROPERTY OWNERS AND RESIDENTS OF COLONIAL TERRACE SUBDIVI- SION OPPOSED TO THE REZONING OF THIS PROPERTY TO R -2C MULTIPLE FAMILY DISTRICT. COLONIAL TERRACE SUBDIVISION LIES TO THE WEST OF THIS DISCUSSED PROPERTY REQUESTING REZONING. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK. ELAINE WILLIAMSON, RESIDENT OF COLONIAL TERRACE SUBDIVI- SION, APPEARED REQUESTING THE BOARD TO LEAVE THE ZONING AT R-1 SINGLE FAMILY DISTRICT, BUT CONTINUED THAT IF A 120 FOOT SET- BACK AND A FENCE IS INSTALLED, SHE COULD AGREE TO THE REZONING. WILLIAM HELM APPEARED AND STATED THAT HE WAS NOT OPPOSED TO THE R -2B ZONING IF THE 120 FOOT SET -BACK IS CARRIED OUT AND THE FENCE IS INSTALLED. 14 - BAR 19 1975 _;r,_ _ og :22 PACE 25 114 MAR 191975 COMMISSIONER WODTKE STATED THAT HIS MOTHER OWNS PROPERTY IMMEDIATELY ADJACENT TO THIS DISCUSSED PROPERTY IN' COLONIAL TERRACE SUBDIVISION, AND HE ASKED THE ATTORNEY IF THIS WOULD BE CONSIDERED A CONFLICT OF INTEREST, ATTORNEY BROWN STATED THAT IT WOULD NOT BE A CONFLICT OF INTEREST. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COM- MISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMEN- DATION OF THE ZONING COMMISSION AND AUTHORIZED REZONING OF THIS PROPERTY FROM R-1 SINGLE FAMILY DISTRICT TO R -2B MULTIPLE FAMILY DISTRICT, AS REQUESTED BY WELLINGTON STEVENS. -15- BO 2- ?'AGER MAIi 191975 RESOLUTION NO. 75-14 WHEREAS, the Zoning Commission of Indian River County, Florida, 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 hearing 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 4 following described property owned by Wellington Stevens, James G. Sutherland, situated in Indian River County, Florida, to -wit: The South 840 feet of the NE 1/4 of the NW 1/4 and the North 120 feet of the SE 1/4 of the NW 1/4 of Section 13, Township 33 -South, Range 39 -East, Indian River County, Florida, lying west of the Old Dixie Highway EXCEPTING from this conveyance, however, all of Blocks 4 and 5 of Gloria Gardens according to plat filed in the office of the Clerk of the Circuit Court. of St. Lucie County, In Plat Book 5, page 33 with the exception of Lot 5 of Block 5 of said Gloria Gardens which is being conveyed hereby. Said land lying and being in Indian River County, Florida. Be changed from R-1 Single Family District, to R -2B Multiple Family District. All within the meaning and intent and as set forth and described in said Zoning Regulation. 800 �A fj 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 /each, Indian River Courtly, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the :undersigned auNwrity personally appeared J. J. Schumann, Jr. who on oath' aye But he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attathed copy of advertisement, being "ItalAcji_ In the matter of • (n the UAW In said newspaper in the issues of Court was pub - Affiant further says that the said Vero. Bach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been canNm:ausly published in said Indian River County, Florida, weekly and has been entered as second class mall matter at the post office in Vero Beach, in said Indian River County, Florida • for a period of one year nerd preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor praised any person, firm re. corporation any discount, s Non ithe said rebate, ocommission is ionor refund for the purpose of securing this sower. t for Swans to and subscribed before MAR 191915 the Circuit Court Indian River County, Florida) a disfavor of 287.89 feet. mare J orlaatethmWest right4f-Way of the Recent hw•laned U.S. Highway No. 1 and Point of • Ending. LESS ANO EXCEPT. ell that pert of the abandoned right4fway of Old Roseland Road Tying North of the following described line: .. From the Southeast caner of ' Govenunent Lot 1. 30Ip . RanSectge � ' East, run South a distance of 89.56 feet to a point, said point being the POim4r-Beginning of the the hereafter Malted: from sold Pada - Beginning degrees 10' East a distance of 767 het more or less to to Wee right-of-way of now fe e fined ned U.S. Highway • (State Road No. 5) being the PWM of Termination. Subject to the Aght4f-way for Old Rosetsnd Road (Also known as Bay Strad) as same enlists on. over and across dna .saidWollertY. Be changed from 0.1 Cern- merclal District, and R•1,Sing 1e ' RetirementRDistrict.y DDisMct. h R -3A A public -hearing in relation therdo at which parties in Interest end titian shall have an op- portunity to be heard wi11 be held by sau4 Zoning Commission In the County Commission Room. India: -River Canty Courthouse. Vero • Beach. Florida. Thursday, February 27. 1975. at 7:30 P.M.. n public relation thereto ddn wParties to , bloat and citizens shall have an • dpportuulty to he beard. Whit be held by the Board of County Commissions of Indian River County. Florida, 1n the Coity Commission Room. Indian Beach. County, Cety Courthouse. Florae, on Wednesday. March 19. , 1975, at 2:00 P.M. Indian Riva Canty Board of County Commissioners By: Alma Lee Loy Chairm Indian River Ceeou*H Zoning Commission fly: Ralph Salon Chairman Jan. 30, NSFS. 17e NOM= • NOTICE 15 NEREBY GIVEN .file the Zoning Commission of Indian River County, Florida, has • tentatively approved the foltswing • amigos and additions to the Limber Ordnance of Indian River County. Florida. which dlenges, and additions are substantially as, :Aglow* 1. That the Zoning Map Mt amassed In order that the following .. aesalbad property. situated in • . Mien River River Canty. Merida, toWitt 1.0 15. Block's' ErdWounl )Nights Subdivision. Mill One, . +- aaardbg 10 the plat of same Riad lit the office of the Clerk 'Of the Circuit Court of Inman - RIver Canty. Florida. In Plat Beal: 3, Page 743 AND Lets 16, 17 and m, Work °•A",* Erolldoune Heights Sub. division. Unit Two. according. tante plat d seee tiled in IM Office of the Clerk of the Cir'' alit Court of Indian R1 Canty. Florida. In Plat 4, Page Si AND N1 that part of the following *merited parcel of land lying West Of the West rtghtofwsy Ike of new Maned U.S. Ntgfh way No. 1. (S.R. Na. 3), to- A parcel or land. tparts of Governmemiotss2. 7 end 4. Section 23, Township 34 Soot), Range 39 -Eat, ad.' mere particularly -doom/ as follows: • CO thence at a -Point an tab West boundary of aid Government lot 2. ad 617.60 feet North of the Sodhwes{ corner thereof: thence num Nonni 33 degrees 10' East hi to Wast where of the Indian River which is the pointof- -beginning: from sold palate - beginning. run South 31 degrees it West to a point on the Wast boundary d said Government Lot 2 and 617.10 het North of the Seafarer? tomer thereat; thence ran South on the West boundary of Government 1.ot 2 a distance of 617.60 feet to the Southwest Caner of Government 1.02 2: Bence net West along 1M Boum line of Gavemment Lot 1, of said Section to the 1 FlemingGrant Liner therm - run Southeasterly also the Fleming Grant Linea distance of 1.905 feet to a point 03 teat Northwesterly of the era- arta* of the new Roseland Road: thence run Nam an a lbw perpendicular to the South tine of Government lot 2. A distance of 321.21 feat 90 an Iron pipe: thence North 44 unreel a a distance et to : thence North 41 degrees 23• East a distance el 4214 feet to Se Wast shore of the Indian' Aver; thence northwesterly' meandering the Wast shore of the Indian River to the Points, beginning. LESS the following described property beretatere' deeded le Dr. t(39 G. Rels3. described as follows: Fran a point 617.03 fed Nath ' from the Southeast comer of Government Lot 1, Section 25, Township 30 -South, Range 30• . East, said point being the pol:dof•begbmingr run North *degrees. 10• East a distance • of 521.15 feet to the West ripld• dway of Stare Rosi No. 51 Bence South 15 degrees 35' _. Eat a *stance of 49433 fed along the West rlghht-d•Wey 09 State Road No. 5 to • Point in 6 _ the anter of Old Roseland Rad: thence South 4' 14'• West a distanced 49.45 (eel atom the centerline of Gid Roseland Road: thence South 35 degrees 10' Wes a =Pert= of 743.95 fed: thence North 107.36 fed to the point of beginning: containing she acre more or las: end 11io:.. leas that part of Old Roseland Road occupied by sold description. LESS ANO. EXCEPT THEr FOLLOWING: , A strip of lad 70 (fid In with Wino side adescribec *dine: From rte Intersection - et the Fleming Grant Line and Nur centerline of Old Roseland Road. (Bay Street), said point being the poimt-d•beDIfMnor Run North 26 dedees 21' W" • • Bat a:ag me eelsOuv ♦ a. forme of seal Old Roseland Road." distanced 510.24 tear Said point being the pobutet- anrvdwe of a curve dee0 - concave h Me Southeast, said curve adius d having00 a centerline ret delta anpla d 48 degrees 20' 70" and a ' tangent of 09.76 fed: from said Y pontof•curvdwa run Nor. Meataty Mand said curve, a distanced 166.95 fest to lee pinta tangency; mance run - Norm 14 degrees 41' JO" Last. Bet 2 PACE -� - . DON VICKERS, A MEMBER OF THE BOARD OF DIRECTORS OF THE' SEBASTIAN RIVER MEDICAL CENTER APPEARED REQUESTING A ZONING CHANGE FROM C-1 COMMERCIAL DISTRICT AND R -1 SINGLE FAMILY DISTRICT TO R-3A RETIREMENT DISTRICT, VAL BRENNAN, PLANNING DIRECTOR APPEARED AND STATED IT IS HIS AND THE ZONING COMMISSION'S RECOMMENDATION THAT THIS ZONING CHANGE BE APPROVED IN ORDER THAT A CONVALESCENT HOME COULD BE BUILT ON THIS PROPERTY, CHAIRMAN LOY STATED THAT THE BOARD HAD RECEIVED THE FOLLOWING LETTERS IN SUPPORT OF THIS REZONING. ROSELAND UNITED METHODIST CHURCH ROSELAND PROPERTY OWNERS ASSOCIATION GARNET HANSHAW SEBASTIAN RIVER AREA CHAMBER OF COMMERCE THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD DURING THIS PUBLIC HEARING. GEORGIA ALLEN APPEARED AND SPOKE IN FAVOR OF'THIS REZONING. A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM- MISSIONER MASSEY' THE BOARD UNANIMOUSLY APPROVED THE REZONING REQUEST BY THE SEBASTIAN RIVER MEDICAL CENTER FROM C-1 COMMERCIAL DISTRICT AND R-1 SINGLE FAMILY DISTRICT TO R-3A RETIREMENT DISTRICT. 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 recommend- ed changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which partiesin 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 owned by Sebastian River Medical Center, situated in Indian River County, Florida, to -wit: MAR _1.91975 All that part of the following described parcel of land lying West of the West right-of-way line of new 4-laned U.S. Highway No. 1, (S.R. No.5), to -wit: A parcel of land, comprising parts•of Government Lots 2, 3, and 4, Section 25, Township 30 -South, Range 38 -East, and more particularly described as follows: Commence at a point on the West boundary of said Government Lot 2, and 617.80 feet North of the Southwest corner there- of; thence run North 35 degrees 10'East.to the West shore of the Indian River which is the point -of -beginning; from said point -of -beginning, run South 35 degrees 10' West to a point on the West boundary of said Government Lot 2 and 617.80 feet North of the Southwest corner thereof; thence run South on the West boundary of Government Lot 2 a dis- tance of 617.80 feet to the Southwest corner of Government Lot 2; thence run West along the South line of Government Lot 1, of said Section to the Fleming Grant Line; thence run Southeasterly along the Fleming Grant Line a distance of 1905 feet to a point 83 feet Northwesterly of the center- line of the new Roseland Road; thence run North on a line perpendicular to the South line of Government Lot 2, a dis- tance of 821.23 feet to an iron pipe; thence North 44 degrees 50' East a distance of 758.40 feet to an iron pipe; thence North 41 degrees 23' East a distance of 1214 feet to the West shore of the Indian River; thence northwesterly meander- ing the West shore of the Indian River to the point of be- ginning. LESS the following described property heretofore deeded to Dr. Kip G. Kelso, described as follows: From a point 617.80 feet North from the Southeast corner of Government Lot 1, Section 25, Township 30 -South, Range 38 East, said point being the point -of -beginning; run North 35 degrees, 10' East a distance of 521.15 feet to the West right- of-way of State Road No. 5; thence South 15 degrees 25' East a distance of 494.53 feet along the West right-of-way of State Road No. 5 to a point in the center of Old Roseland Road; thence South 4' 14" West a distance of 49.45 feet BOOK 22 P E 3O along the center line of Old Roseland Road;. thence South 35 degrees 10' West a distance of 742.98feet; thence North 707.36 feet to the point of beginning; containing.six`acres more or less; and also less that part of Old Roseland Road occupied by said description. LESS AND EXCEPT THE FOLLOWING: A strip of land 70 feet in width lying 35 feet either side of the following described centerline: From the:intersect3on of the Fleming Grant Line and the centerline of Old Roseland Road, (Bay Street), said point being the point -of -beginning; Run North 26 degrees 21' 00" East along the existing center- line of said Old Roseland Road, a distance of 510.24;feet; said point being the point -of -curvature -of a curve being concave to the Southeast, said curve having a centerline radius of 200 feet, delta angle of 48 degrees 20' 30" and a tangent of 89.76 feet; from said point -of -curvature run Northeasterly around said curve, a distance of 166.95 feet to the point-of-tangency;thence run North 74 degrees 41' 30" East, a distance of 287.89 feet, more or less to the West right-of-way of the present four-laned U.S. Highway No. 1 and Point of Ending.. LESS AND EXCEPT all that part of the abandoned right-of-way of Old Roseland Road lying North of the following described line: From the Southeast corner of Government Lot 1, Section 25, Township 30 -South, Range 38 -East, run South a distance of 89.56 feet to a point, said point being the Point -of -Begin- ning of the line hereafter described: from .said Point -of - Beginning run North 35 degrees 10' East a distance of 767 feet more or less to the West right-of-way of new four-laned U.S. Highway No. 1 (State Road No. 5) being the Point of Termination. Subject to the right-of-way for Old Roseland Road (Also known as Bay Street) as same exists on, over and across the said property. Be changed from C-1 Commercial District, and R-1 Single Family District, to R -3A Retirement District. All within the meaning and intent and as set forth and des- cribed in said Zoning Regulation. A SCHEDULED PUBLIC HEARING FOR A REZONING REQUESTED BY MIDWAY MOBILE HOME PARK WAS FORMALLY WITHDRAWN BY THE OWNERS OF MIDWAY MOBILE HOME PARK. KENNETH E. PADGETT, JR. REPRESENTING THE VERO BEACH RETAIL BEVERAGE ASSOCIATION APPEARED REQUESTING THE BOARDS CONSIDERATION TO AN EXTENSION OF HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SERVED IN INDIAN RIVER COUNTY FROM 1:00 O'CLOCK A.M. TO 2:00 O'CLOCK A.M. MR. PADGETT STATED THAT THE PROPOSED LONGER HOURS WILL BENEFIT BAR OWNERS WHOSE BUSINESS HAS BEEN HURT BY DAYLIGHT SAVING TIME AND LATER SERVING HOURS IN NEIGHBORING COUNTIES. HE CONTINUED THAT MANY PEOPLE DO TAKE INTO CONSIDERATION THE NIGHT LIFE IN AREA WHEN PLANNING THEIR VACATION. CHAIRMAN LOY STATED THAT SHE DID NOT THINK SHE COULD SUPPORT A PUBLIC HEARING AS, IN HER OPINION, THIS COMMUNITY IS ENTIRELY DIFFERENT THAN THE ONES AROUND US AND WE ARE BECAUSE OF OUR STANDARDS. SHE CONTINUED THAT WE MUST TAKE INTO CONSIDERATION THE 18,19 AND 20 YEAR OLDS THAT ARE NOW ABLE TO GO INTO BARS THAT WEREN'T' BEFORE. SHERIFF SAM JOYCE APPEARED AND STATED STATISTICS POINT TO PROBLEMS THAT ALCOHOLBRINGS TO A COMMUNITY AND AN HOUR MORE CAN ONLY BRING MORE PROBLEMS. IT WOULD CAUSE A PROBLEM WITH LAW EN7 FORCEMENT TO EXTEND THE HOURS THE BARS WILL BE OPENED. HE CONTINUED THAT OUR 18 YEAR OLDS ARE A PROBLEM AND THE STATISTICS ARE SO HIGH THAT HE WOULD NOT BE IN FAVOR OF THIS PROPOSAL. COMMISSIONER SIEBERT STATED THAT HE WOULD BE IN FAVOR OF :.:. HEARING BOTH SIDES OF THIS ISSUE. MR, PADGETT STATED THAT THEY WILL GIVE THE BOARD'S COMMENTS CONSIDERATION BEFORE DECIDING TO ASK FOR A PUBLIC HEARING. WILLIAM DUPPER, COUNCILMAN FROM THE TOWN OF INDIAN RIVER. SHORES APPEARED TO TALK ABOUT A PIECE OF PROPERTY THAT. AT THE PRESENT TIME THE COUNTY OWNS NORTH OF THE TRACKING STATION AND EAST OF STATE ROAD A1A. MR. DUPPER STATED THAT THE TOWN OF INDIAN RIVER SHORES DOES NOT HAVE A PUBLIC BEACH AND AT THE PRESENT TIME THERE IS ONLY LIMITED. - ACCESS TO THIS PIECE OF PROPERTY THE COUNTY OWNS. THERE IS AT -THE NORTH END OF PEBBLE BEACH VILLAS A 20 FOOT EASEMENT WHERE THE TOWN COULD PUT A WALKWAY TO GIVE INDIAN RIVER SHORES RESIDENTS ACCESS TD:THE BEACH. THIS PROPERTY IS LESS THAN ONE ACREAND THEY WOULD LIKE TO MAKE A PARK SO THAT AS THE TOWN GROWS PEOPLE LIVING ON THE WEST SIDE OF S.R. A1A WILL HAVE ACCESS TO THE BEACH. HE WAS ASKED BY THE TOWN COUNCIL TO TALK TO THE COUNTY COMMISSIONERS IN ORDER TO WORK OUT A SOLUTION WHEREBY THE TOWN OF INDIAN RIVER SHORES COULD ACQUIRE THIS PIECE OF PROPERTY THAT WAS PURCHASED BY THE COUNTY FROM THE GENERAL SERVICE AD- MINISTRATION OF THE UNITED STATES ON MARCH 30, 1970 FOR $17,500.00. MR.! DUPPER STATED THAT THIS PROPERTY WILL BE USED AS A PRIVATE BEACH FOR THE RESIDENTS OF THE TOWN OF INDIAN RIVER SHORES, BUT LATER STATED IT WOULD BE A PUBLIC BEACH. CHAIRMAN LOY STATED THAT THE BEST SUGGESTION SHE COULD GIVE IS THAT• THE TOWN AND THE COUNTY WORK TOGETHER IN A UNIFIED EFFORT TO OBTAIN THE PROPERTY KNOWN AS THE "TRACKING STATION" IN ORDER TO DEVELOP THE PROPERTY NOW OWNED BY THE COUNTY AND THE "TRACKING STATION", FOR THE USE AND BENEFIT OF THE WHOLE COUNTY. THE COUNTY ADMINISTRATOR STATED THAT THE PROPERTY WILL REVERT BACK TO THE U.S. GOVERNMENT IF THE OWNER VIOLATES ANY CONDITIONS OF THE SALE AND ONE OF THE CONDITIONSIS THE COMPLIANCE WITH THE CIVIL RIGHTS ACT. THE BOARD AND MR. DUPPER AGREED TO WORK TOGETHER IN OBTAINING THE LAND KNOWN AS THE "TRACKING STATION"AND IN DEVELOPING THE LAND THE COUNTY NOW OWNS FOR PARK PURPOSES. JAMES BEINDORF, ENGINEER APPEARED REQUESTING A LETTER OF APPROVAL FROM THE BOARD TO THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TO APPROVE AN APPLICATION OF EXEMPTION FOR THE PROPOSED CLEAN-OUT. OF BLUNDERBUSS BIGHT, THE MOORINGS, UNIT Two. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER`, SIEBERT, THE BOARD UNANIMOUSLY APPROVED AN APPLICATION OF EXEMPTION, FOR THE PROPOSED CLEAN-OUT OF BLUNDERBUSS BIGHT, THE MOORINGS, UNIT TWO AND REQUESTED THE COUNTY ADMINISTRATOR TO WRITE A LETTER TO THE TRUSTEE: OF THE INTERNAL IMPROVEMENT FUND OF THE BOARD'S ACTION. ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS APPEARED FOR APPROVAI TO TRADE VOTING MACHINES WITH SEMINOLE COUNTY.'` THE FOLLOWING LETTER FROM SEMINO.LE COUNTY IS HEREBY BEING MADI A PART OF THESE MINUTES. OM= Ort EOM Or c urn C NIMISSIOREIm COUNTY OF SEMINOLE FLORIDA March 12 , 1975 Honorable Alma Lee Loy, Chairperson Board of County Commissioners Indian River County 1425 20th Street Vero Beach, Florida 32960 /ybi .:.p/7 u • d /' COUITHOOSL 11. PARE AVL • suroaD.•'IORmDA 53771 Dear Ms. Loy: Our. Supervisor of Elections, Camilla D. Bruce, has been in contact with your Supervisor, Mrs. Rosemary Richey, regarding the possibility of trading even fifteen (15) 2.5 Shoup Voting Machines for fifteen (15) 3.2 Shoup Voting Machines, splitting the transportation costs. The problem is in having two different type machines which. causes terrible printing problems @nd certainly increases the print- ing costs), plus the fact that the printing has to be for two different sizes and delays the delivery of ballots to such a degree that it is almost impossible to•.get the machines ready for the elections. We would like to make this trade• with your County on an even - trade basis, splitting the transportation costs. We would appreciate hearing from you in the near future. Respectfully, BO OF COUNTY CO$4ISSIONERS (-0.19 Sidne L. Vihlen, .Jr., Chairman cc: M. Rosemary Richey, Supervisor. of. Elections Indian River County Ms. Camilla D. Bruce, Supervisor of Elections Seminole County MRS, RICHEY STATED THAT WHEN SHE PURCHASED THESE 3.2 VOTING MACHINES, SHE WAS TOLD BY THE SALESMAN THAT THE DIFFERENT TYPE MACHINE WOULD NOT CAUSE ANY PROBLEMS, BUT MRS. RICHEY HAS FOUND THAT WITH TWO DIFFERENT TYPES OF MACHINES THERE ARE SERIOUS PRINTING PROBLEMS. THERE MUST BE TWO DIFFERENT TYPES OF BALLOTS PRINTED WHICH ADDS TO THE COST OF AN ELECTION. 23 MRS. RICHEY AND BERNARD STECHER, VOTING MACHINE MAINTENANCE MECHANIC WENT TO SEMINOLE COUNTY TO REVIEW THESE MACHINES FOR A POSSIBLE TRADE. MRS. RICHEY STATED THAT THE MACHINES WERE IN GOOD CONDITION AND RECOMMENDED THE TRADE. SHE STATED THAT THEIR MACHINES ARE TWO YEARS OLDER THAN OURS, BUT THEY WERE MORE EXPENSIVE MACHINES WHEN PURCHASED. THE COUNTY WOULD TRADE 15 OF OUR 3.2 SHOUP VOTING MACHINES FOR 15 OF THEIR 2.5 SHOUP VOTING MACHINES THE BOARD OF COUNTY COMMISSSIONERS OF SEMINOLE COUNTY HAVE. APPROVED THE TRADE ON AN EVEN BASIS, SPLITTING THE TRANSPORTATION COSTS. MRS. RICHEY STATED THAT SHE TALKED WITH DOROTHY GLISSON, DIVISION OF ELECTIONS, SECRETARY OF STATE'S :OFFICE, AND SHE STATED THAT AS LONG AS NO MONEY IS TRANSACTED, IT IS NOT NECESSARY TO GO THROUGH THE STATE ELECTIONS OFFICE. • ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE EVEN TRADE OF FIFTEEN 3.2 SHOUP VOTING MACHINES FOR FIFTEEN 2.5 SHOUP VOTING MACHINES FROM SEMINOLE COUNTY, IN ORDER TO SIMPLIFY THE COUNTY'S VOTING PROCEDURES-. AND TO ELIMINATE DOUBLE PRINTING; TRANSPORTATION ARRANGEMENTS WILL BE LEFT UP TO THE COUNTY ADMINISTRATOR. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY) THE BOARD UNANIMOUSLY APPROVED REQUESTING THE PLANNING DE- PARTMENT TO DRAW UP A MAP OF THE NEW PRECINCTS FOR THE ELECTIONS OFFICE, AS REQUESTED BY ROSEMARY RICHEY. ON MOTION BY COMMISSIONER SIEBERT) SECONDED BY COMMISSIONER MASSEY) THE BOARD. UNANIMOUSLY AUTHORIZED THE SUPERVISOR OF ELECTIONS, TO PAY ANY PRIVATE ORGANIZATION THAT OFFERS THE USE OF THEIR FACILITIES AS A POLLING PLACE, AN AMOUNT NOT TO EXCEED $25.00. ON MOTION BY COMMISSIONER SIEBERT) SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUEST FROM THE VERO BEACH HIGH SCHOOL JUNIOR CLASS TO USE TWO OFFICIAL VOTING MACHINES ON TUESDAY, APRIL 1, 1975 FROM 9:00 O'CLOCK A.M. TO 3:00 O'CLOCK P.M. AS AN EFFICIENT AND EDUCATIONAL METHOD OF ELECTING THEIR PROM KING AND QUEEN AND THEIR ATTENDANTS. THE ADMINISTRATOR OF THIS SCHOOL HAS GIVEN HIS APPROVAL OF THIS ELECTION. DOROTHY TALBERT, MEMBER OF THE INDIAN RIVER COUNTY SCHOOL BOARD, TOM WILLIAM, DIRECTOR OF ATTENDANCE SERVICES AND KEN EVITT, ADMINISTRATIVE ASSISTANT FOR EDUCATIONAL SERVICES APPEARED TO DISCUSS WITH THE BOARD A LETTER FROM THE SCHOOL BOARD DATED FEBRUARY 26,-1975. THAT LETTER IS HEREBY BEING MADE A PART OF THESE MINUTES. Y ARREN T. ZEUCH, JR. CHAIRMAN \ THOMAS R. JONES mica CHAIRMAN otos N. ICLETTE. JR. • L018 KRAMER //DOROTHY A. TALBERT February 26, 1975 .....•.4.. a.::-ice-sem.::.-� IN;)IAN RIVER COUP1TY SCHOOL BOARD FIST OFFICE BOX 2648 VERO BEACH, FLORIDA . 32960 Hiss Alma Lea Loy, Chairman Indian Biv:r County CommIssioa Courthouse Nero Beach, Florida-. Dar Miss Loy: / Lbs Indian River County School Board at the special meeting of February 24, '1975, discussed hazardous conditions far students walking on North Gifford Road to attend Indian River Middle School and Clemons Elementary School as well as students waiting for buses to be transported to other schools. The School Board' requests that the speed limit from Young's Trailer Court to the' FEC railroad crossing be lowered, and that sidewalks be constructed vast of 43rd Avenns on North Gifford Road to Toungs Trailer Court. The Board considers the intersection of 43rd Avenue and North Gifford Road a dangerous intersection and requests the County Commission to post a school crossing sign one-fourth mils vest of that intersection and additional school signs all the way down past /adieu River Middle School-7to aka motorists aware of the dangerous problem during school hours. Tha Board understands that signs for the 43rd Avenue and North Gifford Road crossing have bam_ grdered and will be erected upon arrival. . The School Board appreciates the support and cooperation of•tha County Commissioners in working together for the safety of students in Indira River County. • . t• 0 . WILLIAM H. MCCLURE momeINTENDEsy- AREA CODE 305 697.7163 3ga25262 % FEB 197s t- ea RECEIVE© 7.:3J „� era Pte, Ng. Iall me". • Tours vary truly, William B. McClure Superintendent iRMign cc:.ipenack G. Jennings MAR 101975 -25® BOOK 22 PAGE 36 THE COUNTY ADMINISTRATOR INFORMED MRS. TALBERT AND THE OTHER MEMBERS OF THE SCHOOL SYSTEM OF THE PROGRESS MADE REGARDING THE SIDEWALKS ALONG NORTH GIFFORD ROAD. AT THE LAST MEETING THE BOARD APPROVED CON STRUCTING SIDEWALKS CONTINGENT UPON THE INDIAN RIVER FARMS DRAINAGE DISTRICT'S APPROVAL TO USE A PORTION OF THEIR PROPERTY TO CONSTRUCT THESE SIDEWALKS, HE STATED THAT HE MET WITH -.JOHN AMOS, A MEMBER OF THE DRAINAGE DISTRICT, AND REVIEWED THIS SITUATION WITH HIM. MR.. AMOS STATED HE WOULD TAKE THIS UP WITH HIS BOARD AS TO. WHETHER OR NOT THEY WOULD GRANT THE COUNTY PERMISSION TO. CONSTRUCT ANYTHING ON THEIR PORTION OF THE RIGHT-OF-WAY. IF THEY DO NOT APPROVE THERE IS NO TO CONSTRUCT A SIDEWALK ON THE EXISTING RIGHT-OF-WAY. THE COUNTY ADMINISTRATOR CONTINUED THAT HE THEN ASKED IF THE DRAINAGE DISTRICT WOULD NOT ALLOW CONSTRUCTION IF THEY WOULD ALLOW THE COUNTY TO GRADE THAT AREA, SHAPE IT UP AND MAKE IT MORE DESIRABLE FOR THE CHILDREN, TO USE IT AS A WALKWAY. MR. AMOS :STATED THAT HE FELT THE DRAINAGE DISTRICT WOULD HAVE NO OBJECTION TO THAT SUGGESTION AND HE STATED THAT HE WOULD HAVE REMOVED, AS SOON AS POSSIBLE, ANY OBSTACLES LYING IN THE RIGHT-OF-WAY. MRS. TALBERT THEN ASKED IF THE BOARD HAD MADE ANY DECISIONS REGARDING THE SPEED LIMIT SIGNS ON THE CORNER OF 43RD AVENUE AND NORTH GIFFORD ROAD BEING REDUCED FROM 45 MILES PER HOUR TO 35 MILES PER HOUR. THE COUNTY ADMINISTRATOR STATED THAT IF THE BOARD APPROVES THIS COULD BE DONE AND THE SHERIFF`S DEPARTMENT NOTIFIED OF THIS CHANGE. THE BOARD DISCUSSED SPEED LIMIT SIGNS ALONG NORTH GIFFORD ROAD AND ALSO THE LOCATION OF SCHOOL ZONE SIGNS FOR THE INDIAN RIVER MIDDLE SCHOOL SEVEN. MRS. TALBERT STATED THAT SHE WILL GO BACK BEFORE THE SCHOOL BOARD AND OBTAIN DEFINITE LOCATIONS FOR THE SCHOOL ZONE SIGNS AND THE SPEED LIMIT SIGNS IN THIS AREA. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED `OUT -OF -COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR TO ATTEND A MEETING WITH THE DEPARTMENT OF TRANS- PORTATION OFFICIALS AND THE HOSPITAL BOARD MEMBERS REGARDING RIGHT- OF-WAY FOR BARBER AVENUE ON MARCH 20, 1975 IN FORT LAUDERDALE. 26 THE COUNTY ADMINISTRATOR INFORMED.THE:BOARD THAT AT THE OCTOBER. 9, 1974 BOARD -MEETING I' WAS THE DECISION OF THE'BOARD TO FILL IN A DRAINAGE DITCH ON 54TH AVENUE BETWEEN 2OTH STREET AND 22ND STREET AND THAT 20 FOOT EASEMENTS ON THE EAST AND WEST SIDE OF 54TH AVENUE BE DEDICATED AND DEEDED. TO THE COUNTY BY GEORGE REMER AND MILTON HOUSE DEVELOPERS OF EL VERO VILLA SUBDIVISIONe- THESE DRAINAGE EASEMENTS HAVING BEEN FULLY SIGNED ARE HEREBY BEING MADE A PART OF THESE MINUTES s• I N A G 1 A9925 M B N .T OFFICIAL RECORD _ •eoox .486 !AGE 760 THIS EASEMENT made this 3a day of: -• Rt. Zion Free Will Baptist Church Inc. as the first part , and INDIAN RIVER COUNTY, ''..•ash of the State of Florida, as. second party, political subdivision 7 ; ii WITNESSETH: That the party the first part, in consideration of the sum of One Dollar and other valuable considerations paid. the receipt of which is•hereby acknowledged, hereby grant unto the party of the second part, its successors and assigns, a perpetual easement and right of way for the purpose of clearing, excavating, constructing and main- taining drainage ditches and drains in, upon and through the following • described land in INDIAN RIVER COUNTY, FLORIDA, to -wit: 4--. The East 20 feet of Iota 18 through 20,Block 2 slid p _ ._ _.—The East 10 -feet -of •2 ots Z7 aml ock-21 —_-a1-7. in L Fera Vi.Ua Snbdivisian as recorded.in the - Florida, Plat Book 4, Page 9T, sold laud sour lying ecoids of St. Ir Co County, Plorida. �8 in Indian 1U.yer Count TO HAVE AND' TO MOLD the same unto the second assigns, together with immunityunto may its .ts success and or asst the second party, its successors gas from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to -the lands. if any, owned by the first part , lying adjacent or conti above described and the guous to the lands hezeia- ab•veidescds a part of the first part will defend the title against all persons claimingb part of the first part. • y° ®ugh or under said • IN WITNESS WHEREOF the first art- bac • hereunto set• and seal this 3 day of �danuary 75 , 21.D. 19 Signed, sealed and delivered in th presence of STATE OF Flordia COUNTY OF Ansa River 00. NOV Y Before me, the undersianed authority, this day appeared Sam R. Lucky L. Kemble and Larry B. Bowles 4rn14ee4 to me well know °n° xnown ro me to me the and.b.v1duais described in and who executed the foregoing instrument, and before me that executed the same .for the severally acknowledged purposes therein expressed. WITNESS my hand and:o My commission expires !Votary O.bf4 Stab of Florida at tarSe • MI':awni.d,a C.pirw Nev. If 1971 banded by Awoken tin b Comity Co • Notary P • is in anr the Count and State ore - said ..7 149924 DRAINAGE EASEMENT • THIS EASEMENT made this e day of u e A.D. 1915 between as the first party , . d INDIAN RIVER COUNT? of the State of .7larida, as second party, , apolitical subdivision •• WITNESSETHs That the parby I of the first part, in consideration of the sum of One Dollar and other valuable considerations paid, the receipt. • of which is 'hereby acknowledged, hereby grant unto the party of the second part, its successors and assigns, a perpetual easement *and right of way' for the purpose of clearing, excavating, constructing and main- .taining drainage ditches and drains in, upon and through the following' described land in INDIAN RIVER COUNTY, FLORIDA, to -wit: Tike East 20 feet of the followings • . Lots 12 through 17 Block 2, Lots -Z"5 -t rat , i --.e Bloch g, — lot 13, Block 5, The West 20 feet of the followings Lots 1 through 11, Mock 3, Lots 3 through 10, Block 4, Lot 12, Block /p. 4.1 is E,1. Vero Villa Subdivision as recorded in the Public'' Records of St. Lucie:'° County, Florida, Plat Beck 4, Page 97, said land now being is Indian River Ccuntg' TO HAVE AND TO HOLD the same] unto the second party, assigns, together with immun t its successorsand or assigns?� Y unto the second party, its successors from all claims fez. damage, if any, arising from or growing out of such construction• and/or maintenance to the lands, if any, owned by the first part . , lying adjacent or contiguous to the lands herein- above described and the party of the first part will defend the title to said lands against all persons claiming by, through or under said part y of the first part. WITNESS WHEREOF the first Ip "AA haft hereunto set s and sear this Z17 day of . , A.D. i9 Rigned,A sealed and delivered. in the presence o • hand • *ore me, the un ceo to me well known who executed the before me that appeared t., vim) ane xnon co me to be the individuals described in and foregoing instrument, and severally acknowledged :Dw executed the same for the .,_ ..ses therein expressed WITNESS my hand andofficial seal • this my commission expires .)u el, PIC— Hefei Pax, x, M,lo 4 Rake 4 Aeon My Commission Expires Juni f. MS ea.t.e N Aram. M aCam*/ 4 • MAR 191975 23 OFFICIAL rscon® day of` )f.A1\. A‘P•It 197.1 • a Note Public in and :dor • •� the County and State tafortk said .. • . aDOK 486 FADE 89 BOOR L p4Gr140 THE COUNTY ASSISTANT PLANNING DI BINDERS FOR THE SUBDIV DEPARTMENT WILL PRINT THE BOARD AG THE BOARD DI DEWEY WALKER, ZONING 1 COMMISSIONER ERATORS WHO HAVE FILED VIOLATION. MINISTRATOR INFORMED THE BOARD THAT ROBERT BERG:, ECTOR HAS STATED THAT IF THE BOARD WILL BUY SION REGULATION ORDINANCE 75-3, THE PLANNING 0 OR 40 SETS OF THIS ORDINANCE. EED TO PURCHASE BINDERS FOR ORDINANCE 75-3. CUSSED THE COUNTY'S MINING REGULATIONS AND SPECTOR APPEARED FOR THIS DISCUSSION. SIEBERT STATED HIS CONCERN IS ABOUT THOSE OP - A SITE PLAN AND ARE -NOT FOLLOWING IT AND ARE IN MR. WALKER S ATED THAT A MINING OPERATOR NOT FOLLOWING HIS SITE PLAN IS ISSUED A CEASE AND DESIST" ORDER AND HIS OPERATION IS CLOSED DOWN UNTIL THE IOLATION IS .CORRECTED. ATTORNEY BRO N INFORMED THE BOARD OF A LETTER FROM DONALD ADAMS, BUILDING DIRECT R, REQUESTING THE BOARD'S RECOMMENDATIONS. MR. ADAMS'LETTER STAT THAT CHARLES FENNER, OWNER OF A MOTEL ON NORTH- H.S.]. (HIGHLANDS MOTEL), HAS NOT COMPLIED WITH THE SOUTHERN BUILDING CODE. MR. FENNER HAS !AILED TO OBTAIN NECESSARY BUILDING PERMITS; HE HAS BEEN ISSUED "STOMP WORK" ORDERS, WHICH HE HAS VIOLATED; HE HAS IGNORED VERBAL AND WRItTEN NOTICES TO CEASE WORK. MR. ADAMS STATED THAT HE HAS EXERCISED EVERY!REMEDY TO RESOLVE THESE PROBLEMS AND RECOMMENDS INITIATING CRIMINAL ACJION AGAINST MR. FENNER. THE BOARD AGREED WITH MR. ADAMS' RECOMMENDATION. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER. SIEBERT, THE BOARD UNANIMOUSLY ADOPTED APPENDIX "A" TO THE SUBDIVISION REGULATION ORDINANCE 7-3 THAT BECAME EFFECTIVE MARCH 24, 1975. RESOLUTION NO. 75- 16 WHEREAS, the Board of County Commissioners of Indian River County, Florida, effective as of the 24th day of March, 1975, with the approval of the Secretary of the State of Florida, did adopt Indian River County Ordinance No. 75-3 which fcr the purpose of definition in this Resolution shall be deemed to be the "Subdivision Ordinance"; and WHEREAS, such "Subdivision Ordinance" outlines the administrative requirments, including but not limited to providing for definitions, requirements for application, "^ design standards, and various other related administrative procedures; and WHEREAS, under Section 3 of said "Subdivision Ordinance" there is reference made to "Appendix A" which Appendix applies to the technical specifications for standardization to be used in connection with Said "Subdivision Ordinance"; and WHEREAS, pridr to the adoption by this Board of the said "Subdivision Ordinance" the said Board must approve "Appendix A" referred to in Section 3 of said "Subdivision Ordinance"; and WHEREAS, in Girder to provide for required amendments, alterations, and/or changes in said "Appendix A" that may be demanded from time to time by changing conditions or other extenuating circumstances, and to avoid confusion in identifying any such amendments, alterations, and/or changes to said "Appendix A", it appears feasible. to establish a system or method of identification; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that said "Appendix A" heretoattached is duly adopted as the "Appendix A" referred to in Section 3 of the said "Subdivision Ordinance" and that any alterations, amendments, and/or changes to be made in the said "Appendix A" after the adoption hereof, shall be designated as "Appendix A-1"; "Appendix A-2"; "Appendix A-3"; 4 and consecutively thereafter as such changes are made and such subsequent Appendixel shall be made a part of the original "Subdivision Ordinane" as though they had been made at the time of the adoption.of the said Ordinance No. 7571. Such Resoluti n shall become effective as of the 24th day of March, 1 75. APPENDIX A Subdivision Requirement for Paving, Drainage, Signs and Water. Prior to the commencement of construction, all plans shall have been approved by the County Administrator. Prior to the granting of final approval of the final plat, the subdivider shall install or shall have furnished adequate bond for the completion of the following: 1. As provided for under Chapter 177 Laws of Florida. 2. All improvements required by this Ordinance. A. Technical Specifications: 1. All equipment necessary for the construction of work required in these specifications, shall be on the project, in first class working condition, and shall have been approved by the County Administrator. 2. It is the right of the County Administrator to require the contractor to conform tothe ap- proved plans and specifications. 3." Definitions: Approval -direct approval either by the Board of County Commissioners or the County Administrator. Engineer -County Administrator, or approved professional engineer for the project. 4. Supervision: An approved engineering firm or. professional engineer must control or supervise construction of all improvements at the expense of the owner. Each stage of construction shall receive approval. 5. Base Width: All bases shall be one foot wider than the final pavement width. Radius to conform with final pavement requirements. • 6. Pavement Width: The minimum pavement width shall be 20' (twenty feet) exclusive of curbs. Split pavementjs for a boulevard type street shall have a minimum width of 12' (twelve feet) exclusive of curbs. All paved intersections shall have a minimum of 25' (twenty-five feet) radius at edge of pavement. Larger radii may be required by County Administrator. -1- B. Types of Pavements: 1. An 8 (eight) inch compacted sub -grade, and a 6('six) inch thick lime rock compacted base, a prime coat and a 1" (one) inch asphaltic doncrete wearing surface. 2. A 6 (six) inch thick compacted soil cement base, a prime coat and a 1 (one) inch asphaltic concrete wearing surface. 3. A 6 (six) inch thick compacted mixed in place base, a prime coat and a 1 (one) inch asphaltic concrete wearing surface. 4. An 8 (eight) inch sub -grade, 4 (four) inches of hot sand asphalt, with l (one) inch of wearing surface. 5. The pavements stipulated in Article 1, 2 and 3 may have an alternate wearing surface of a double durface treatment upon approval of the County Administrator. C. Bub -Grades 1. The road bed shall be excavated and shaped in conformity with a typical section shown on the plan and to the lines and grade established by the engineer. All unstable or otherwise objec- tionable material shall be removed from the sub-4grade and replaced with approved material. All holes, ruts and depressions shall be filled with approved material, and if required, the sub - grade shall be thoroughly wetted with water and reshaped and rolled to the extent directed in order to place the sub -grade in an acceptable condition to receive the base material. The sur- face of the sub -grade shall be finished to line and grade as established and be in conformity with the typical section shown on plans. The stability of the sub -grade shall be such as to support construction equipment without rutting, and shall have a minimum Florida bearing value of 50, and shall be compacted to a density of not less than 95% of the maximum density as determined by the A.A.S.H.O. Method T994 at optium moisture, or other approved methods. 2.. The sub -grade width shall be two feet wider -than the base course with the exception that the sub - grade width shall be such as to include the curb and gutter sections when they are to be constructed. Approval of sub -grade shall be obtained before the base course is begun. D. Base Course: 1. Lime Rock Base or. Cemented Coquina Material The material used shall conform with the require- ments specified in the D.O.T. Standard Specifica- tions for Road and Bridge Construction under Section 503 approved and adopted Anril 1, 1973, subject to supplements and new nublications as, issued, approved and adopted by the D.O.T. No forms shall be required unless specified. The lime rock shall be transported and dumped by approved methods. The lime rock shall be spread uniformly with equip- ment approved by the engineer. All segregated areas of lime or course rock shall be removed and replaced with well -graded rock. After spreading is completed, the entire surface shall be scarified and shaped so as to nroduce the exact grade and cross-section after compaction. When the material does not have the proper moisture' content to insure the required density, wetting or drying will be required. As soon as proper condi- tions of moisture are attained the material shall. be compacted to the satisfaction of the Engineer and/or to an average density of at least 95% of the maximum density obtainable A.A.S.H.O. Method T99, modified at optimum moisture. Unless otherwise directed by the engineer, the. surface shall be "hardnlaned" with a blade grader immediately prior to the application of the prime coat, to remove the thin -glazed or cemented surface of the base. If at any time the sub -grade material should become mixed with the base -course material, the contractor shall, without additional compen- sation, dig out and remove the mixture, reshape:• and compact the sub -grade and replace the materials .removed with clean base material, which shall be shapedand compacted as specified above. .If cracks or checks appear in the base, either before or after priming, which, in the opinion of the engineer, -3- would impair the structural efficiency of the base course, the contractor shall remove such cracks or checks by re. -scarifying, reshaping, adding base material where necessary and recom- pacting. Thickness check shall be made as directed by the engineer. 2. Soil Cement Base The material used shall conform with the require- ments specified in the D.O.T. Standard Specifica tionrfor Road and Bridge Construction. That is, Portland cement, Type 1, water which shall be clean and practically free of oil, acid, alkali, chloride, organic matter, or other deleterious substances, and the soil for this base course shall consist of the natural material in the road- way or selected soil placed in the roadbed. Port- land cement shall be applied in the amount deter- mined by tests run by the engineer for the particular soil to be used. No procession of the base shall be started until all tests of the soil to be used have been completed and the exact quantity of cement required for the particular soil has been determined. The quantity of water required shall be the amount necessary for optimum moisture content in the com- pacted mixture. The hand squeeze for determining moisture content may be used. Unless otherwise approved, a Seaman Mixer or P & H Pulvi Mixer shall be used to mix the material in place and a roller suitable to provide required density shall be used for compaction. Before undertaking this work the sub -grade shall_, have been shaped and compacted as specified in Section 2. Prior to the application of cement, the soil to be treated shall be pulverized for sufficient width and depth to give the compacted cross section shown on the plans. A11 roots and other foreign matter shall be removed. After the base material is shaped to the approximate cross section as shown on the plan the specified quantity of Portland cement required shall be dis- tributed uniformly over the surface. No cement shall be applied where the moisture content speci- fied by the Engineer. No cement shall be applied, -4- during periods of high winds which make occasional loss of cement. Immediately after the cement has been distributed it shall be mixed with the loose soil for the full depth of treatment. Mixing shall be continued and repeated as often as necessary as determined by the Engineer, to insure a thorough uniform and intimate mix of the soil and cement and until the resulting mixture is homogeneous and uniform in appearance. The mixture shall then be shaped to the approximate lines and grades shown on the plans. Only that amount of roadway which can be completed within the working day is to be mixed with cement. Imme- diately after mixing of soil and cement is complete the moisture content of the soil cement mixture shall be determined by the engineer and if required water shall be applied in such quantity and at such rate as directed by the engineer until the proper moisture content is obtained. The base shall then be uniformly compacted with a roller until the required compaction is obtained. After the mixture is compacted, the surface of the base shall be reshaped to the required lines, grades and cross section. The surface shall then be thoroughly rolled with a pneumatic -tired roller exerting a compression of not less than 200 pounds per inch width of each tire both front and rear, followed by a motor grader, and then a smooth wheel tandem roller weighing from 5 to 8 tons. Rolling shall continue until all rutting ceases and until the entire base conforms to the requirements specified by the engineer. A wooden header cut to proper crown shall be placed perpendicular to the sub -grade and at right angles to the center line at the end of each day's run. Extreme care must be exercised to overcome any tendency for the base in the vicinity of a junction between runs to fail to be full thickness and true to grade or to be inadequately compacted, improperly proportioned, inadequately wetted, or incompletely mixed. When any of these operations, after the application of cement are interrupted for more than two hours for any reason, or when the uncompacted soil cement mixture is wetted by rain so that the required moisture content is lost, the entire section shall be reconstructed, except that the quantity of cement to be added to the previously Processed soil cement mixture shall be 50% of the amount originally .specified. No cement shall be applied unless the temperature is at least 40 degrees F and rising. Immediately. after compacting and finishing the completed base shall be covered and protected against rapid dry- ing either by an approved method of earth curing or by a bituminous seal coat. Thickness check determination shall be made as directed by the Engineer. The patching of a soil cement base shall not be done with concrete. 3. Mixed in Place Base This base course shall be composed of a compacted mixture of 6070 mineral aggregate and 40% marl (excluding plastic material) or shell material together with asphaltic material. The constituents of the mixed in place base shall be combined in such proportions that after complete mixing the resultant mixture shall be homogeneous and all. particles coated with bituminous material. The exact quantity of bituminous material shall be determined by the engineer during the operations of applying and mixing and will depend upon the character and grading of the aggregate material. The proportions shall be varied, as directed by the engineer after laboratory tests and field trails are conducted. The quantity of bituminous material shall be approximately 0.3 to 1.3 gallons per square yard per inch of compacted thickness. Unless otherwise specified and approved, the bitum- inous material shall be cutback asphalt grade RC -1S. Unless otherwise approved a Seaman Mixer or a P & H Pulvi Mixer shall be used to mix the material in place and a roller or other approved types and methods shall be used for compaction. If in place material is to become a portion of the base course. the amount to be used must be windrowed and the sub - grade prepared as described in Section C.2. All base course material shall have all roots and foreign matter removed to the satisfaction of the County Administrator. After the placing of the base material, it shall be machined with the grader. until a uniformity of line and grade has been ob- tained as determined by the County Administrator. No bituminous material shall be applied when the moisture content of the aggregate material is greater than 5% by weight, unless otherwise speci- fied by the Engineer. No application of bituminous material, mixing, spreading or finishing shall be -6- done when the air temperature is less than 50 degrees F.-, or when, in the opinion of the Engi- neer, the weather conditions or the condition .of the aggregate material is unsuitable. After mixing has been completed the mixture shall be cured until it has reached the proper consis- tency onsistency to be compacted. The mixture shall first be rolled with the roller. The graders shall be used in conjunction with the rollers to keep the mixture,,,_. shaped to approximate plan and cross section. After compaction, the surface shall then be shaped to line, grade and cross section allowing sufficient elevation of the mixture to compensate for final compaction. The mixture shall then be thoroughly rolled with an 8 (eight) ton tandem roller equipped with scrapers and oil sacks on the wheels to prevent picking up the material. E. Prime & Surface Course: 1. Prime Coat "All base courses as specified in Section D shall receive a seal coat. The seal coat shall be an application of cutback asphalt grade RC -1S or other material as specifically approved by the Engineer. For lime rock bases the rate of application shall be not less than 0.15 gallons per square yard. The seal coat shall be applied with a pressure distri- butor equipped with pneumatic tires having a suf- ficient width of rubber in contactwith the road surface to avoid breaking the bond of or forming a rut in the surfacing." A light uniform application of clean sand shall be applied prior to opening the primed base to traffic. The sand shall not contain any noticeable amount of roots or other foreign material. Before any bituminous material is applied all loose material, dust, dirt, caked clay and foreign material which might prevent proper bond with the existing surface will be moved to the shoulders for the full width of the application. No bituminous material shall be applied when the temperature of the air is less than 50 degrees F., or when, in the opinion. of the Engineer, the weather conditions or the condition of the existing surface is unsuitable. The temperature of the prime material shall be .7- M R 191975 eooK 22 PAGEIJO between 00 degrees F., and 150 degrees F. The exact teperature shall be such as will insure uniform •.istribution and shall be designated by the Engineer. The exact amount to be applied will depend on the character of the surface and shall be sufficient to coat the surface thoroughly and uniformly without having any excess to form folds or to flow off the base. If deemed necessary; the engineer may require that the base be lightly sprinkled with water. in advance of the application'"_ of the prime. 2. Double Surface Treatment The bituminous material shall be asphalt grade AC -15, or an asphalt material which has had specific approval. The cover material shall be State Road Specification Rock Grade 15, or approved slag material. The first application of bituminous material shall be from 0.18 to 0.25 gallons per sqare yard, and the second application of cover material to be from 0.22 to 0.25 cubic feet per square yard. Aggregate for 1st and 2nd course shall comply to D.O.T. Specifications for this type of surface. The surface to be covered shall be swept clean and free from sand, dirt, dust, and other deleterious material by means of mechanical road sweepers, hand brooms, and approved mechanical blowers, and shall be free from moisture. The existing seal coat must have an approximate two week curing period before the application of the first bituminous coat. No bituminous material shall be applied when the temperature of the air is less than 50 degrees F., or when in the opinion of the engineer, the weather conditions or the conditions of the existing surface is unsuitable. The asphalt material grade AC -15 shall be applied at a temperature of between 275 degrees and 325 degrees F. The exact temperature shall be desig- nated by the engineer. Immediately following the application of bituminous material the cover mate- rial shall be distributed unformly over the bitum- inous surface by means of approved mechanical spreaders or trucks. Immediately after each appli- cation of cover material, brooming by experienced and skilled workmen shall be done to secure a uniform distribution which will insure a smooth surface. Additional aggregate shall be placed by hand on any areas not properly covered. Immediately after spreading and dragging the cover material the •entire surface shall be rolled with a three ton to. . -8- five ton steel tired roller.Rolling shall begin at the edges and progress to the center of the surface uniformly lapping each preceding track and covering thoroughly the entire surface. The rolling shall be repeated as much as necessary to insure thorough keying of the cover material into the bituminous material.: • The second bituminous application and the second application of cover material shall be done in a manner as described above for the first application. The finished surface shall be uniform and shall conform to the lines, grades and typicalcross sections. 3. Asphaltic Concrete Wearing Surface This consists of the construction of an asphaltic concrete surface course composed of a mixture of aggregate, mineral filler and asphalt cement, pro- perly laid upon a prepared base. The asphaltic concrete shall be in conformance with the D.O.T. Specifications for an asphaltic concrete surface course type II, unless otherwise specified below. The thickness will be as specified in approved plans (minimum 1"), and it shall be placed on a compacted base with a seal coat as specified in these specifications. Pavement thickness more than 1/8" deficient shall not be acceptable. Before any bituminous material is applied, all loose material, dust, dirt, caked clay and foreign material which might prevent proper bond with the existing surface will be moved to the shoulders for the full width of the application. No bitum- inous material shall be applied when the temperature of the air is less than 50u E. or when, in the opinion of the Engineer, the weather conditions or the condition of the existing surface is unsuit- able. After proper cleaning a tack coat shall be applied with a pressure distributor. The bituminous material shall be heated to a suitable consistency as designated by the engineer. The bituminous material shall be applied in a thin uniform layer. The rate of application shall be between 0.04 to 0.08 gallons per square yard. The exact rate shall be designated by the Engineer. The tack coat shall be applied sufficiently in advance of the laying of the wearing surface to permit drying, but shall not be applied so far in advance or over such an area as -9- AR .19:.1975 to lose its adhesiveness as a result of being covered with dust or other foreign material. The tack coat shall be kept free from traffic until the wearing surface is laid. The constituents of the mixture shall • be combined in such proportions as to produce a mixture having at least 1600 lbs. stability at 140° F. as deter- mined by the Hubbard field stability test. The asphaltic concrete mixture shall be dumped into an approved mechanical spreader and immediately spread and struck off to the full width required and to such an appropriate loose depth for each successive course that, when thework is completed, the weight or the mixture required or specific thickness per square yard wi11 be secured. An excess amount of mixture shall be carried ahead of the machine at all times. Hand raking shall be done behind the machine as required. In no case shall the mixture be laid while rain is falling or when there is water on the surface to be covered. The temperature of the mixture at the time of spreading shall be done between 250 and 340 degrees F. No skin patching shall be done. Irregularities shall be cut to the full depth of the layer and replaced with fresh mixture. After spreading the mixture, it shall be rolled immediately. Rolling shall begin at the sides and progress toward the center parallel to the center line of the roadway. The roller shall be of the 5 to 10 ton tandem type. The motion of the roller shall be at all times slow enough to avoid displacement of the mixture. To prevent adhesion of the mixture to the roller, the wheels shall be kept properly moistened, but an excess of water shall not be used. The mixture, after compaction, shall be of the thickness required as specified heretofore. All places damaged by deposit of gasoline or oil shall be removed and replaced as directed by the engineer. Longitudinal joints along the center line of the pavement are permissible. An asphaltic concrete surface shall not be placed on a soil cement base within one month of its completion in order to allow for the formation of hydration cracks, unless otherwise designated by the engineer. 10 - BOOK a PAGE153 F. The construction and completion in a finished condition of all drainage and drainage structures in accordance with the specifications of the County which are as follows: 1. "A11 areas on both sides of all paved and curbed areas of all streets extending from the pavement to the property line shall be seeded, sprigged or sodded as provided for in Section 570 of D.O.T. Specification. Note: See Appendix Figure 6 on page 34. 2. All driveways leading from the travelway portion of any roadway shall be paved or surfaced, conforming to the drainage swale profile or drainage pipe of sufficient size which shall be placed underneath each driveway in the drainage swale to permit proper drainage. The minimum size of drainage pipe in a roadway Swale shall be 12 (twelve) i.aches. 3. "All concrete gutter sections shall make provision for intersecting with other drainage facilities with concrete outlets and changes in typical sec- tions to assure drainage from the gutter. Culverts under roadways shall have rip rap or concrete head- walls where deemed necessary by the Engineer & County Administrator. 4. All back lot drainage ditches shall be dug to a minimum of a three to one side slope. Unless other- wise designated by the Engineer. 5. Headwalls, shall be as follows: 6. The mixture shall be in a proportion .of 1 of cement to 5 cubic feet of clean sand. - mixture is to be placed in approved, -tied Between such layer. of bags there is to be cement mixture as described above. 7. For heights of headwalls up to six feet -a inch to one foot batter shall be made. cubic foot This cloth bags. a sand one eighth 8. For heights between 6 feet and 12 feet, the footing shall be 3 bags wide, gradually decreasing the number to a one bag width at the top. -11- 9. Above a height of 12 feet the fill shall be placed on a slope covered with the above described sand cement bags, or other approved methods. 1. If concrete blocks are chosen for headwalls they shall be as follows: 10. For heights of headwalls up to 6 (six) feet, 8 inch concrete block shall be used and they shall be filled with 2000 lb. concrete. Walls to extend 16" above the final road grade. Footing to be a minimum size of 10" deep by 16" wide with two 5/8 inch diame- ter steel reinforcing bars. 11. For heights above 6 (six) feet the design must be submitted for approval. '12. All driveway culverts shall be corrugated metal asphalt coated or aluminum and of gage as specified by D.O.T. minimum diameter 12". 13. All drainage outlets into Drainage District canals shall be by culverts to prevent eroding in the main canal system. A minimum size of fifteen inches is required and a minimum length of fifteen feet in a ditch of approximately three feet in depth, longer lengths for deeper ditches. It is also required that a ditch be dug on the inlet side of the culvert to act as a sediment box until the new ditch is in growth. The minimum size noted above is for a ten acre drainage area or less. Larger sizes are required for larger drainage areas. Calculation basis shall be a coefficient of C-1/3 in Talbot Formula. Design calculations shall be based on the D.O.T.. rainfall curve for a 3 year storm, Miami area. Runoff coefficients and velocities shall conform to D.O.T. standards. 14. The minimum length of culvert placed under any County road for cross drainage into a Drainage District ditch shall be 60 feet. G. If it is elected to construct sidewalks along each side of each street, they shall be constructed in accordance with the following specifications: 1. The concrete shall be 2000 lbs. concrete and/or as specified in the D.O.T. Specifications for concrete sidewalks. The forms and the construction methods shall be as specified in the D.O.T. Speci- fications. ' -12- MAR 191975 eoox PAGE155 H. Water plants and systems where required shall be in. accordance with standard specifications of the State and County, when hereinafter adopted, as follows: 1. Each lot within the subdivision area shall be pro vided with a water pipe connection. The size of the primary connection to the County's existing system, the size of primary and lateral lines' throughout the subdivision shall be sufficient to meet the County's standards and specifications as to circulation, pressure and fire protection. Where the County s plan contemplates the further extension of primary water distribution lines through the subdivision, then the subdivider shall place such lines of such size. Provided that the subdivider shall be responsible for the cost of a maximum main of 8" diameter. 2. When a water system is provided plans must be submitted to the Florida State Board of Health and to the County Engineer and/or the County Commis✓ sioners for approval. 3. The top of all water pipes are to have a minimum cover of 30 inches below the crown of the road or one foot below the swale ditches, whichever governs. Where water lines cross sewer lines the minimum clear distance shall be 18 inches. The sewer shall be cast iron or concrete encased vitri- fied clay pipe for a distance of 10 feet on either side of the crossing. 4. Water plants shall have an architect's or engineer's sketch of the building for the water plant and shall be submitted for approval to the County Administrator and/or Board of County Commissioners. 5. The water plant when required site must be chosen and.approved before any construction begins. 6. Fire Hydrants shall be installed throughout the subdivision. Fire hydrants shall be of the type and placed at such locations as shall be in accord- ance with applicable standard specifications of the County, and in addition the fire hydrants shall be placed only for water systems designed for fire control purposes. Specifically, fire hydrants are not to be installed for those water systems which are designed for residential consumption only. Fire hydrants shall be placed on a minimum size of -13- six inch mains and shall be so positioned throughout the area that the hydrant shall provide coverage for an area within a five -hundred foot radius. Entire subdivisioncoverage made. National Fire Underwriters code shall be complied with as to pressure and quantity. 7. Seweragetreatment plant when ,required shall be located a minimum distance of 100' (feet) from the,--- nearest he*nearest residence. (structure to structure) 8. Underground cable shall be laid a depth of not less than 24" below the finished surface. Revised 9/18/74/dk CEICIFICATE OF DEDICATION (CORPORATIONS) R11 d ALL NST BY THESE PRESENTS, That the Cozporation mired below, being the owner in fee simple of the lands described in the foregoing caption to this plat, hereby dedicates said lands and plat for the uses and purposes herein expressed and deditates the sham hereon to the perpetual use of the public, and IN WITNESS 41HEREOF, has caused these presents to be signed and attested to by the officers named below and its corporate seal to be affixed hereto on BY: President ATZEST: Signed and sealed in the presence of: STATE OF COUNT/. OF THIS IS TO CERTIFY, That mi before me, an officer duly authorized to take aclazokaedgem nts in the State and County aforesaid, personally appeared and respectively President and of the above named corporation incorporated under the laws of the State of , tone 'mow to be the .individual q and officers described in and who executed the foregoing Dedication and severally acknowledged the execution thereof toile: their free act and deed as such officers thereunto duly authorized; that the offi- - cial seal of said corporation is duly affixed thereto; and that the said Dedication is the act and deed of said corporation. IN WrITIESS `HEPEOF, I have hereunto set my hand. and seal an the above date. Notary Public My Commission epires -15- MAR 191975 Hoy 22 Pacf 58 MAR 19 1975 AND CONSENT TO DEDICATION The undersigncA hereby certifies that it is the holder of a tortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the dedica- tion of the lands described above by the owner thereof, and agrees that its uortgage, lien or other encudbrance, which is recorded in Official Record Book Page , of the Public Records ofIndian liver County, Florida, shall be subordinated to the above dedication. Signed, sealed and delivered in the presence of: Attest: STATE OF FLORIDA President COUNTY OF IBIS IS TO CERTIFY, that on before ue, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared and respectively President and of the above named corporation incorporated under the laws of the State of , to re know to be the Indivirbialc and officers described in and ciao executed the foregoing; joinder and Consent to dedication and severally acknadedged the execution thereof to be their free act and deed as such officers thereunto duly authorized; that the officer seal of said corporation is duly affixed thereto; and that the said Joinder and Consent to dedication is the act and deed of said corporation. IN WINES UHEPEOF, I have hereto set uy hand and seal on the above date. •• Notary Public Ely Ccurnission expires -16- Roux 22 PAGE159 STATEMENT OF INTENT (FOR PRIVATE STREETS) KNOW BY ALL THESE PRESENTS, That the undersigned, being the owner(s) of these lands described in the foregoing caption of this plat, does hereby acknowledge, and agree, that: These streets and easements shown on this plat are not • dedicated to the public and will not be a part of the system of public roads of Indian•River County, Florida; and they will not be improved or maintained by the County until there is a formal acceptance of these streets and/or easements, or any part thereof, by the County. The above acknowledgment shall be stated on the face of the final plat. IN WITNESS WHEREOF, The undersigned hereunto set hand and seal on WITNESS STATE OF • COUNTY OF THIS IS TO CERTIFY, That on before me, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared • • to me know to be the person described in and who executed the foregoing dedication and severally acknowledged the execution thereof to be free act and deed for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. r\ Notary Public My Commission Expires -17- i._Nig!? 191975 c Appendix 2-A CERTIFICATE OF DEDICATION (INDIVIDUAL) KNOW ALL NST BY THESE PRESENTS, That the undersigned, being the timer in fee simple of these lands described in the foregoing caption to this plat, does hereby dedicate said lands and plat for the uses and purposes thereon expressed and dedicate the shown hereon to the perpetual use of the public. IN WINE.% WEPEOF, The undersigned hereunto set hand and seal on WITNESS STATE CF COUNTY OF THIS IS TO CERTIFY, That on 'before me, an officer duly authorized to take adaiaaledgements in the State and County aforesaid, personally appeared to me know to be the person described in and who executed the fore- going dedication and severally acknowledged the execution thereof to be free act and deed for the uses and purposes therein expressed. IN WITNESS LJHEFEOF, I have hereunto set my hand and seal on the above date. Notary Public 14yy CoTdssian Expires -18- MAR 19 ,5 Appendix 2-B MINCER AND CONSENT TO DEDICATION The undersigned hereby certifies that it is the holder of a mortgage, lien or other encrrbrance upon the above described property, and that the undersigned hereby joina in and consents to the dedication of the lands described above by the owner thereof, and agrees that its mortgage, lien, or other encumbrance, which is recorded in Official Record Book Page of the Public Records of Indian River County, - Florida, shall be subordinated to the above dedication. Signed, sealed and delivered in the presence of: STATE OF COUNTY OF THIS IS TO ', That on before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared tone knaan to be the person described in and who executed the fore- going joinder and Consent to dedication and severally aclanaaledged the execution thereof to be free act and deed for the uses and purposes therein expressed. IN WITNESS 4 REOF, I have hereunto set my hand and seal on the above date. Notary Public I r Ccandssion expires -i9- BOOK 22 PAGE162 II Appendix 3 CERTIFICATE OF SURVEYOR KlN M ALL MEN BY THESE PRESENTS, That the undersigned, being a licensed and registered land surveyor, does hereby certify that on he completed the survey of the lands as shown in the foregoing plat or plan; that said plat is a correct presen- tation of the lands therein described and platted or subdivided; that permanent reference monuments have been placed as shown thereon as required by Chapter 177, Florida Statues; and that said land is located in Indian Fiver County, Florida. Dated F.egistraticn No. CEPTIFICATE OF APPFOVAL BY PLANNING AND ZONING COMIIISSION .THIS IS TO CERTIFY, That on the Indian River County Planning and Zoning Ccamission approved the above plat or plane CERTIFICATE OF APPROVAL BY COUNTY MINIMUM Examined and Approved; CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COT' SSIONEPS THIS IS TO CERTIFY, That on the fore- going plat or plan was approved by the Board of County Commissioners of Indian River County, Florida. Chairman of the Board Attest: Clerk of the Board MAR 1 9 1975 -20- Bonk 22 PAGE163 CERTIFICATE OF C EPIC I HEREBY CERTIFY, That I have examined the foregoing plat and. find that it complies in form with all the its of Chapter 71-339,• Florida Statutes, and was filed for record cn • • at • Clerk of the Circuit Court in and for 'Indian River County, Florida. Y, Registered Florida Engineer, License No. do hereby estimate that the cost of the improvements itemized in . this Exhibit is $ Registered Florida Engineer (SEAL) County Administrator -22- Appendix 6 DUMPER'S CT COMPLETION BOND . KDOWALLMEN BY THESE PRESENTS, That the undersigned as PRINCIPAL is held and firmly bound unto the BOARD OF -COUNTY COMMISSIs Ir of Indian River County, Florida, in the cash penal sum of ), which smiles been deposited in escrw with the Board of County Commissioners of Indian River County, Florida, in accordance with the provisions of -an Escrow Agreement of even date whith is attached hereto and made apart hereof by this reference to it, does bind respective heirs, personal representatives, successors and assigns, jointly and severally, firmly by this Bond. The condition of this Bond is that the improvements to be made as shown on Subdivision Plans and Specifications dated including surveying, engineering, and land clearing, for Subdivision shall be completed within the time specified therein or any extension thereof, and all costs incurred in connection therewith shall be paid in full, and in accordance therewith and with the documents and specifications referred to therein or attached thereto, then this obligation shall be null and void, otherwise it shall remain in full force and effect. DATED: ,19 Principal Principal Principal MAR 19 1975 (SEX) (SEAL) • (SEAL) -23- . • • BOOK 22 PAGE166 ESCROW AGREEVENT THIS AGREEMENT, made and entered into this day of Developer of Subdivision, and the BOARD OF COUNTY COM:WM S OF INDIAN RIVER COUNTY, FLORIDA. tSSEIi: 1. The Developer hereby deposits in escrow with the BOARD OF COUNTY COMMISSION of Indian River County, Florida. • DOIARS, ) to guarantee that all improvements set forth on plans and specifications for the above subdivision will be fully colleted and paid for. 2. That BOAPD agrees to hold said funds and to pay the sere out In the following manner: (a) To the Developer upon request and upon proof satisfactory to the Board that work has progressed satisfactorily to the state of developrent for which the payment is made, said proof to include a certificate to that effect signed by the Developer and the County Administrator, and upon proof satisfactor•to the Board that all bills therefore have wen paid to date, including, but not limiting thereto bills for surveying, engineering and land clearing, and work and material used in the construction of roads which are included in the plan of development. (b) Upon a determination that any portion or all of the said improvements have not been performed by the Developer within calendar days from the date of this agreement, the Board is hereby authorized, but not obligated to take over and perform any such uncompleted work and to use for such pur- poses the funds so deposited in escrow. (c) Further, the Board is authorized to pay any bills for said improvements upon proof satisfactory to the Board that such claims • are just and unpaid and the Developer hereby consents to any such payments and authorizes and ratifies any, such action on the part of the Board and agrees to protect and save harmless said Board from any claims of any persons N:tansoever on account of any improvements which may not have been completed or paid for. (d) Ten per cent (10%) of the entire escrow deposit shall be held by the Board pending final canpletion of improvements and certification by the Developer's engineer and the County Adminis- trator that the improvements have been cowpleted satisfactorily and that all work and materials have been paid in full. Page one of .two pages. MAR 191975 -24- eau 22 PAc(167 (e) After the Board of County Commissioners is satisfied that all work has been satisfactorily completed and all bills for work and materials have been paid, the Board shall return to the Developer any funds remaining in the escrow account. IBIS AGREEMENT, signed and sealed, the day and year first above ritten. =MSS: BOARD OF COUNTY C VMISSIwi ERS OF INDIAN RIVER COUNTY, FLORIDA BY: 'MAR 191975 Chairman of the Board ATTEST: BY: Clerk of the Board Deputy Clerk • DEVELOPER (SEAL) (SEAL) (SEAL) MAR 19 1975 Appendix 8 CERTIFICATE OF 0611ERSHIP AND ENCUMBRANCES THIS IS TO CERIEFT that the unAlersigned, being the owner in fee simple of the property embraced in the subdivision plan hereby being persented for final approval, submits the following evidence of ownership and encuabrances: 1. TITLE: • Recorded in Offi.ciai Records Book 'Page" 2. ENCUIMUITCES: Recorded in Official Records Book Page Book • Page Book Page The information submitted herein is certified to be true and correct as of this date: Worn to and subscribed before n tiortary Public • • ..... • • -26-- B11401( 2 PACE169 AR 19 1975 • MAINTENANCE 130ND Appendix 9 KOMI ALL MEN BY THESE PRESENTS, That Of Indian River County, Florida, hereinafter referred to as Developer, as Principal, and of Indian River County, State of Florida, hereinafter called Surety, as Surety, are held and firmly bound unto Indian Piver County, a- political. subdivision of the State of Florida, as Obligee, in the full and just sun of DOLLARS, lawful money of the United States of itrerica, bind them- selves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. VIIIEPEAS, the Developer has developed a subdivision in Indian River County, Florida, known and identified as and in ccmection therewith has installed with the approval of the County certain roads, streets, drainage works, and/or other improvements under the provisions and requirements of that certain Pesolution of the Board of County Comnissimers passed at their meeting of II1EREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Developer shall maintain said roads and other structures in first class condition for a period of one year from the date of the agreement:by Indian River County to accept said roads and other structures for maintenance and shall replace all paving or other structures which within said one year period shall be found not to comply with said resolution, and shall pay any and all costs or expenses incident to the performance of any work required to be performed hereunder, then this obligation to be void; otherwise to be and remain in full force and effect. Signed, sealed and dated this day of A.D. 19 Witness tXtness • • (SEAL) BY: Surety -27- BOW( 22 PAGEIIO • • • a • DE EURNEt1E GUIDE Appendix 10 The following paragraphs and figures are presented as guides for the design and development of new subdivisions. 1. "Consideration shall be given to lot orientation with respect to the separation of incompatible land uses. PSesidential lots which face commercial or industrial districts or tiiich face major streets should be avoided where possible. (See Figure 2) , 2. Consideration shall be given to the employment of cur- vilinear design in residential subdivisions. The overall layout shall contain a minimum of street intersections. Each block shall have a maximum of minor streets in residential districts greater than 1,000 feet should be avoided where possible. Nfinor streets in residential districts shall be designed so as to avoid through traffic. (See Figure 3.) 3. In the general layout of subdivisions, consideration shall be given. to orienting lots with respect to sum angles and prevailing winds. 4. Consideration shall be given to the preservation of trees, groves, waterways, scenic points and c�TM+ity landmarks in the 1 and development of subdivisions. 028 - MAR 191975 BOOK 2 PAG[17l Id FIGURE 1 MAR 19 1975 RESIDENTIAL LOT ORIENTATION ADJACENT TO ARTERIAL STREET -29- Hoo 22 PAGE172 . FIGURE 2 RESIDENTIAL LOT ORIENTATION ADJACENT TO COMMERCIAL DISTRICT -30- • O mi E 3 GENERAL • =DIVISION DESIGN • O 'CURVILINEAR - DESIGN AREA "A" toMONNOOL ARTERIAL STREET . 1 C' GRID • DESIGN AREA "f3" O. .."11/ ULE EACH• AREA fIAS THE SA!.1E ACREAGE, C3V•ERALL DIMENSIONS • AND APpROXIt.l:11ELY m: SAME NUMER OF LOTS, 1.1tF CURVILINEAR •DESIGN REWIRES 13% FEWER INTERSECTIONS • AttD 17.G;;, FEWER STREETS.. 0. -MAR 191975 -31- 0 • •1 0 eon 22 pAGE174 O • 1 tiiiu•` it • CI) iir,.... C' GRID • DESIGN AREA "f3" O. .."11/ ULE EACH• AREA fIAS THE SA!.1E ACREAGE, C3V•ERALL DIMENSIONS • AND APpROXIt.l:11ELY m: SAME NUMER OF LOTS, 1.1tF CURVILINEAR •DESIGN REWIRES 13% FEWER INTERSECTIONS • AttD 17.G;;, FEWER STREETS.. 0. -MAR 191975 -31- 0 • •1 0 eon 22 pAGE174 O • 1 • • • t G00✓ • STRAIGHT tNTERScCTIo:! • • • • $K(I FACTORY `AFF -SET /NTEiRSECTICN LESS THAN 150' • • • o•m 0. UNACCEPTACLE • OM, SET. INTERSECTION 0 o . e .• • ;FIGURE 4 •q • =MINTERSECTIONS E• •• :• a • •• bo {d'•.rao••• 008001r4000•105 - •0•00.•0 •a•ao•s•e • a•• • rr 0 • 0 • • • O • 0 a • • 0 O • 0 • • • BUILDING SETBACK DISTANCE LOT DEPTH LINE BUILDING SETBACK LINE DETERMINING BUILDING SETBACK LINES Chis is an.exaeple only) • Where the lot frontage is less than the minimum lot width required by the Zoning Resolution,, the building setback distance'is the minimum required by the Zoning Resolution, or the distance to the point where the lot width equals the minimum width required by the Zoning Resolution, whichever is greater. Lot width must be measured at a right angle to the lot depth line. The lot depth line is a line connecting the. midpoint of the front lot line with the midpoint of the rear lot line. Where the lot frontage exceeds the minimum lot Width required by the Zoning Resolution, the building .setback is the minimum required by the Zoning Ordinance, and the setback line runs parallel to the front lot line. • -33 fag 22 Pacf176 3 • r I lrV ttC.. w MINIMUM 5TANIDAX05 KODDWAY ' CRSS SECTIONS AND CU 155 C®NC. (; (1DWAuK MATERIAL WEAtZINC.1 bt1RFACE. 161 I=0° I SUOCIRADE 20'x0" CURB . 5E.CTIO YeR \41- 21k 514 " Yf R ;r 1.2_5:_i H TYPE `W.' CUIZ5 (CUL-DE. 5AC TYPE. w& CUK?) ISLANDS - MEDIAN5) 15" 12" t 12" 9 or I Co" M114. 51A131L%ZEP VARIES TYPE. " D" CU".15 W EA 04 TbASE. 1.0.1010Vvonnaumaski 12" 'TYPE " Cs CURE SEED 4. CRASS A? ,d,.-.11) S. 0 D CIF 1CATtOitt�� 3/4" TO 1' Sw?E 1' TO 4' OR LESS G" MN. STA51L12.arO SUE, WADE, STMML1ZEt� st�out��r�. 5o! SWALE. 3E.CT cats! ..3g.. „ C o a FIGURE 7 • M INIl'IID2 STANDARDS ST gEET NAME MARKERS •.m a e0 24 .o 9P • SICNPLATES 1. ALUiIINt' 1 PLATES m i1INIMUM THICKNESS .080 INCHES, DIE CLT ALCOA ALLOY .6061—T6 OR EQUAL. WHITE SCOTCHITE LETTERS WITH TURNPIKE GREE' SCOTCHITE BACKGROUND. 2.: -STEEL PLATES... MINIMUM THICKNESS •. .0478 INCHES. BLACK LETTERS WITH .. • WHITE 1 ZFLECTORIZED BACKGROUND. 3. SIGN BRACKETS — SHALL BE OF ALIJMIN N .ALLOY. • • • 18" 2 3/8” x 10'0" GALVANIZED PIPE • BASE • 2500 P.S.I. CONCRETE • TOP —• 6" DIAMETER, FLUSH WITH GRADE CROSSPIN — 3/8" x 6" THROUGH k'IPE BOTTOM.- 12".DIAMETER NOTE: TRAFFIC SIGNS SHILL RECEIVE APPROVAL AS TO LOCATION AND SPECIFICATIONS, STOP SIGNS SHALL BE 30" x 30". . —35— BOOK 22.fAGE178 • Z. REPLACEMENT OF FLEXIBLE PAVEMENT .. WHERE PERMISSION HAS BEEN GRANTED TO CUT PAVEMENT Ditch Width (W)+4 Surface Replacement Existin • Base r a. Replaced Base Dia. Varies 1 Ditch (ll) If!, /I 12" I I Varies NOTE: On unpaved 'county roads, backfill to be machine tamped to existing road grade. oa: urface Joint (Surface General Notes Replaced base material shall be limerock and shall be twice the thickness of the original base. Base material shall be placed in two i2" or thee layers and each layer thoroughly rolled or tamped to maximum density. Asphalt concrete pavement joints shall be mechanically sdwed. Joints shall be lapped and feathered Surface material will be consistent with the existing surface. • • e cm Figu 9 MAR 191975 BOOK 22 PAGE 8O ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER' SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, COUNTY COURT, FROM DECEMBER, 1974 THROUGH FEBRUARY, 1975, IN THE AMOUNT OF $580.72; CIRCUIT COURT FALL TERM, IN THE AMOUNT OF $3,606.66. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT-OF-COUNTY TRAVEL FOR HAROLD DE'WEIN TO ATTEND A TELEPROCESSING SEMINAR IN ORLANDO ON MARCH 25, 1975. THIS RELATES TO THE NEW STATE OF:FLORIDA UNIFORM CASE REPORT- ING SYSTEM FOR THE JUDICIAL COUNCIL OF FLORIDA. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT-OF-COUNTY TRAVEL FOR JUDITH A. WAKEFIELD, EXTENSION HOME ECONOMICS AGENT, TO ATTEND A MEETING` OF 44COUNCIL IN COCOA ON MARCH 17; AND TO ATTEND A :4-H TRAINING. SESSION IN PALM BEACH ON MARCH 20, 1975. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED PAYMENT TO ADLEY ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PREPARATION OF A PRE4PPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISCRETIONARY FUNDS, IN THE AMOUNT OF $500.00. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR ERNEST .: JONES, JR.; ANGELO SANCHEZ; CHARLES H. LAVIN; JOHN DUFFEY; AND JOY H. ORTH FOR PERMITS TO CARRY FIREARMS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR JOSEPH T. SCHASANE AND ELMER BARKER FOR RENEWAL'PERMITS TO CARRY FIREARMS. THE BOARD DISCUSSED AN APPLICATION FOR A PERMIT TO CARRY A FIREARM BY PETER SABONJOHN. THE SHERIFF DID NOT RECOMMEND APPROVAL OF A PISTOL PERMIT TO MR. SABONJOHN, MR. SABONJOHN HAD SUBMITTED TO THE BOARD A PETITION FOR EXECUTIVE CLEMENCY THAT HAD BEEN FILED WITH THE GOVERNOR OF NEW YORK STATE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKERJ THE BOARD UNANIMOUSLY DENIED THE APPLICATION OF PETER SABON- JOHN FOR A PERMIT TO CARRY A FIREARM) BASED ON THE SHERIFF'S RECOMMENDA AND THE FACT THAT NO ACTION HAS BEEN RECEIVED ON MR. SABONJOHN'S PETITION FOR EXECUTIVE CLEMENCY. JACK HOCKMAN, FINANCE OFFICER INFORMED THE BOARD OF A PURCHASE ORDER FORM THAT HE HAS PREPARED AND HE QUESTIONED IF HE NEEDS THE BOARD'S APPROVAL OR THE COUNTY ATTORNEY'S APPROVAL TO INITIATE AN OFFICE PUR- CHASING SYSTEM. HE STATED THAT THE AUDITOR HAS SUGGESTED THAT THIS BE DONE. THE BOARD RECOMMENDED TO MR. HOCKMAN THAT HE PUT THE °PURCHASE ORDER SYSTEM° INTO A WRITTEN REPORT TO THEM; THAT THIS SHOULD BE FIRST WORKED OUT WITH RALPH HARRIS, CLERK; THEN CHECKED BY THE COUNTY AT - TORNEY AND THEN BROUGHT TO THE BOARD FOR THEIR APPROVAL. CHAIRMAN LOY DISCUSSED THE CREATION OF A COMMITTEE ENTITLED INDIAN RIVER COUNTY COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE, WHOSE MEMBERS WILL SERVE AT THE PLEASURE OF THE BOARD OF COUNTY COMMISSIONERS. THE COMMITTEE'S GOAL IS TO REPRESENT INDIAN RIVER COUNTY IN AN ADVISORY CAPACITY; TO COORDINATE INFORMATION OF THE JOINT CITY -COUNTY PLANNING DEPARTMENT AND THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL AS REQUESTED BY THE STATE OF FLORIDA COASTAL COORDINATING COUNCIL TO DEVELOP FLORIDA'S COASTAL ZONE MANAGEMENT PLAN AS AUTHORIZED BY THE FEDERAL COASTAL ZONE MANAGEMENT ACT OF 1972. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING APPOINTMENTS TO THE INDIAN RIVER COUNTY COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE: AREA COMMERCIAL FISHING TOURISM AND HOTEL - MOTEL CONSERVATION SCIENTIFIC AND ED- UCATIONAL INTERESTS CONSTRUCTION AND IN- . DUSTRY DEVELOPMENT INDUFRIAL, BUSINESS AND LOMMERCE CITRUS AND AGRICULTURE LOCAL ELECTED OFFICIAL GENERAL PUBLIC NOMINEE RICHARD THOMAS JACK MITCHELL ROY HAIR J.A. THOMPSON MARVIN CARTER PAUL C. REDSTONE HUGH E. RUSSELL COMMISSIONER SCHMUCKER 1. MARGUERITE M. SCHLITT 2. J. PAT CORRIGAN -71- RECOMMENDED BY COMMISSIONER MASSEY COMMISSIONER WODTKE COMMISSIONER MASSEY' COMMISSIONER SCHMJCKEF: COMMISSIONER SCHMUCKER COMMISSIONER SIEBERT COMMISSIONER SIEBERT CHAIRMAN LOY COMMISSIONER WODTKE CHAIRMAN LOY CHAIRMAN LOY INFfORMED THE BOARD OF A MEETING OF THE CENTRAL AND SOUTHERN FLORDIA FLOOD CONTROL DISTRICT IN FORT PIERCE, FRIDAY, MARCH 21, 1975 AT 9:00 O'CLOCK A.M. CHAIRMAN LOY INFORMED THE BOARD OF THE DEDICATION OF THE CITY BICYCLE PATHS ON MARCH 26, 1975 AT 9:00 O'CLOCK A.M. AT 16TH STREET AND 20TH AVENUE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING PROCLAMATION.; PRCLAMATION WHEREAS, in recent years the sport of tennis has provided wholesome recreation and entertainment to the citizens of all ages of Indian River County; and WHEREAS, the endeavors and objectives of the Westside Racquet Club have made a substantial contribution to the promotion of and participation in the sport of tennis in Indian River County; and WHEREAS, the Westside Racquet Club will host, on March 30 through April 5, 1975, the first annual 16 -year-old Girls National Clay Court Championships; and WHEREAS, not only is this the first national tennis tournament to be played in Indian River County, but it is the first National tournament in the State of Florida; and WHEREAS, the Cancer Research Fund is the major benefactor of this tournament; and WHEREAS, the Cdunty desires to recognize the Clay Court Championships from March 31 to April 5 NOW, THEREFORE, let day of March, 1975, this through April 5, 1975 as County, Florida. Commission of Indian River County first annual 16 -year-old Girls National to be held at the Westside Racquet Club it be resolved, that on this 19th Commission declares the week.of March 31 National Tennis Week in Indian River Chairman, County Commion Indian River County, orida MAR 191975 COMMISSIONER MASSEY DISCUSSED WITH THE BOARD THE TRAFFIC ON NORTH U.S. HIGHWAY 1 DURING THE WEEKEND WHEN THE FLEA MARKET IS OPENED FOR BUSINESS. SIGNS HAD BEEN POSTED ALONG U.S_, HIGHWAY 1, BUT THE FLEA MARKET MOVED FURTHER NORTH AND THE TRAFFIC SIGNS MUST BE MOVED. THE COUNTY ADMINISTRATOR STATED THAT THE DEPARTMENT OF TRANS- PORTATION WILL MOVE THESE SIGNS, BUT IT MUST GO THROUGH THEIR TALLA- HASSEE OFFICE AND IT IS NOW IN THE PROCESS OF BEING DONE. COMMISSIONER SIEBERT STATED THAT HE HAS NOTICED PERSONAL LONG DISTANCE TELEPHONE CALLS BEING MADE ON COUNTY TELEPHONES. IT WAS THE DECISION OF THE BOARD THAT EACH DEPARTMENT BEAD BE INFORMED THAT THERE ARE TO BE NO PERSONAL LONG DISTANCE TELEPHONE CALLS MADE ON COUNTY TELEPHONES. COMMISSIONER SCHMUCKER DISCUSSED WITH THE BOARD THAT UNDER THE COMPREHENSIVE EMPLOYMENT TRAINING ACT (CETA) THERE ARE FUNDS THAT MIGHT NOT BE USED AND AT THE LAST BOARD MEETING THE BOARD DID NOT AGREE TO HIRE AN INSPECTOR FOR FOUR MONTHS, AS REQUESTED BY ELTON H. SCHWARZ, PUBLIC DEFENDER, COMMISSIONER SCHMUCKER WAS INFORMED THAT FOR THE LAST TWO OR THREE YEARS THE COMMISSIONERS THROUGHOUT THE STATE HAVE BANNED TOGETHER AND PUT PRESSURE ON THE LEGISLATURE TO STOP MAKING RULES AND REGULATIONS AND THEN PASSING THE COST TO THE COUNTY FOR THE WORK THAT THE STATE IS BASICALLY RESPONSIBLE FOR. THERE ARE LAWS THAT STATE WE ARE NOT TO SUPPLEMENT SALARIES. IF THE BOARD PROVIDES WHAT EVERYONE ASKS THEM FOR, THE STATE WILL NOT FULFILL THEIR OBLIGATIONS. COMMISSIONER SCHMUCKER REPORTED TO THE BOARD THE STANDING OF THE CITY -COUNTY COORDINATING COMMITTEE FOR Low AND MODERATE INCOM_ HOUSING. COMMISSIONER SCHMUCKER INFORMED THE BOARD OF A REQUEST FROM THE VERO BEACH COUNTRY CLUB INVOLVING A BRIDGE THAT GOES OVER A CANAL 0`.' THE ROAD TO THE CLUB. THERE IS A CURB ON THE EAST SIDE OF THE BRIDGE THAT CAUSES MOTORISTS PROBLEMS. THE COUNTY ADMINISTRATOR STATED THAT HE WILL SEE THAT THIS CURB IS PAINTED WIH AN IRIDESCENT PAINT AND REFLECTORS PUT UP. THE BOARD REQUESTED ATTORNEY BROWN TO PREPARE A LIST OF PRO- POSED LEGISLATION THAT THE BOARD MIGHT BE INTERESTED IN AND TO REPORT ON HOW IT MIGHT AFFECT THIS COUNTY. -74- 8110k 22 P4Gf18 ME COMMISSIONER SCHMUCKER REQUESTED THAT THE BILLS FROM DICKERSON, INC. FOR ASPHALT HAVE A DESCRIPTION OF WHERE THE ROAD WORK WAS DONE. THE COUNTY ADMINISTRATOR STATED THAT THE BREAKDOWN IS LISTED ON THE INVOICE AND NOT ON THE STATEMENT. HE STATED THAT IN-THE FUTURE THIS INFORMATION WILL BE TYPED ON THE STATEMENT. THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT QUAY DOCK ROAD HAS BEEN BARRICADED BY A PRIVATE INDIVIDUAL. THIS IS A COUNTY .ROAD. THIS ROAD WAS BARRICADED BACK IN 1970 AND IT WAS NECESSARY TO REMOVE IT WITH COUNTY EQUIPMENT. QUAY DOCK ROAD RUNS FROM U.S. HIGHWAY 1 TO THE INDIAN RIVER. THE COUNTY ADMINISTRATOR IS ASKING THE BOARD'S PERMISSION TO GO OVER THIS SITUATION WITH THE COUNTY ATTORNEY TO DETERMINE WHAT COURSE, OF ACTION SHOULD BE TAKEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO CONSULT WITH THE COUNTY ATTORNEY ON THE OWNERSHIP OF QUAY DOCK ROAD AND IF IT IS DETERMINED THAT THE COUNTY HAS OWNERSHIP THAT THE APPROPRIATE ACTION BE TAKEN; THAT THIS ROAD IS OPENED TO THE PUBLIC. THE FOLLOWING AGREEMENT BETWEEN THE COUNTY AND ELBERT KERSEY- HAVING BEEN FULLY SIGNED IS HEREBY BEING MADE A PART OF THESE MINUTES. J { AGREEMENT THIS AGREEMENT entered into this STH day of 1975, by and between INDIAN RIVER COUNTY, a political subdivision ' of the State of Florida, hereinafter referred to as County, and ELBERT KERSEY, hereinafter referred to as Kersey, their heirs,. successors and assigns. IWITNESSETH: I1. County and Kersey agree to the following wherebylKerseywill install a 4 -strand barbed wire fence based I I a per footage charge, around the Kiwanis The terms of the agreement are: A. Kersey will furnish all tools, labor, equipment and install a 4 -strand barbed wire fence in a proper and workmanlike lmanner on the Kiwanis-Hobart Park property. MARCH • terms of contract, Hobart Park proper B. County shall determine the number of lineal feet of fence to be installed and the location of the fence line. C. Kersey°s charge shall be seventy-five cents ($.75) per lineal foot of completed fence installation. D. County shall furnish all materials necessary for the subject installation. E. Kersey agrees to carry.workmans compensation and general liability insurance, which insurance shall protect County through endorsements that will be provided by Kersey to County. Said liability insurance shall be in an amount satisfactory to the County Administrator. 2. It isthe intent of this Agreement whereby County will provide the description for the fence placement and the materials to install the fence and Kersey shall provide all the tools, labor, equipment necessary to install the fence as described above for the consideration as indicated herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. S••ed, sealed and delivered e presence of: IP 211111# I r II,- o gle7/ 41 i iii,--el2 e-e-cl\•VOIL-2-(a-Ive-t- .e• da.t t2� /liL it01f tib BYDIAN�cti R CG'tx/ Y,'L�jtIDA Attest: „.1i4i j A,/v1�' df "11-1 ert Kersey Boos 22 F'A EI87 THE FOLLOWING RESOLUTION No. 75-9 ADOPTED BY THE BOARD AT THEIR REGULAR MEETING OF MARCH 5, 1975 Is HEREBY BEING.MADE A PART OF THESE MINUTES, RESOLUTION NO. 75- 9 WHEREAS, in order to meet the need for additional services occasioned by an increase in registration of qualified voters in various areas of Indian River County, it appears necessary to adjust some of the established Precincts, and, WHEREAS, as a result of a study to determine such areas required to be changed, the following existing Precincts appear involved: 1B 1C 2B 5A and, WHEREAS, it further appears necessary to create two additional Precincts, by changing some existing boundaries, which two additional Precincts shall be known as: 2D 5C; and, WHEREAS, all members of the Board of the Board of County Commissioners being present and in accord with the changes as proposed; IT IS, THEREFORE, RESOLVED that the election Precinct boundaries as herewith created, fixed, altered, and changed, and the voting place in each Precinct established as follows: (As described on the Sheets attached hereto and made a part hereof, ) iVIAR 191975 BOOK 22 FAGE18 PRECINCT 1B Begin where the North line of Government Lot 3, Section 23, Township 31 South, Range 39 East, intersects the shoreline of the Atlantic Ocean, thence Northerly and Westerly along and following said shoreline to the centerline of the Sebastian Inlet; being the North boundary line of Indian River County; thence Westerly along said boundary line to the centerline of the Navi.gation Channel, thence Southerly along the centerline of the Navigation Channel to its intersection with the extension of the South line of Lot 8 of Hudson's Subdivision; thence West along said South line to the Southeast corner of Lot 8 of Hudson's Subdivision in Section 31, Township 30 South, Range 39 East; thence run West on the South line of Lot 8 of Hudson's Subdivision to the Northeast line of Fleming Grant; thence run Southeast on Fleming Grant line to the inter- section with the North line of Ocean Breeze Heights Subdivision;. thence run in a Southwesterly direction following the North line of Ocean Breeze Heights Subdivision to the East line of the right of way of the Florida East Coast Railway; thence run West at rjaht angles with said right of way 100 feet to the West line of the Florida East Coast Railway right of way;. thence run Southeasterly along and following the West line of the Florida East Coast Railway right of way to the intersection of the North line of Lot 2 of A.A. Berry's Subdivision of part of Section 30 of Fleming Grant; thence run Southwesterly to its full length or West line;. thence run Southeasterly following the Southwest line of Lot 2 and Lot 1 of A.A. Berry's Subdivision to the Southeast line of Fleming Grant;. thence following Fleming Grant line Southwest to the East boundary of Sebastian Gardens Subdivision as shown in Plat Book 5, page 58, Indian River County, Florida. records; thence run Northwesterly along said Northeast boundary of said subdivision to the Northwest right of way of Royal Palm Road; thence run Southwest along said right of way to a point, said point being 70 feet Northwest of the Northwest corner of Lot 13, Block 8 of Sebastian Gardens Subdivision; thence. run Southeasterly along the Southwest boundary of Sebastian Gardens Subdivision to a point 40 feet Northwesterly of the Fleming Grant line; thence run Southwesterly along a line parallel to and 40 feet Northwest of Fleming Grant line to the Northeast boundary of Section 29, Fleming Grant; thence run Northwesterly along Northeast boundary of Section 29 to the North corner of Section 29, Fleming Grant thence continue North 44°25'58" West a distance of 1980.00'; thence run South 45°54'02" West a distance of 2964.43' to the East right of way of Roseland Road; said right of way being 66 feet; thence run South 04°37'30" East a distance of 5793.60'; thence run South 11°47'58" East a distance of 1159.60'; thence run South 44°21'28" East a distance of 1977.50'; thence run Southwesterly along the Fleming Grant line to its intersection with the center line of the Sebastian River; thence Northerly along and following the centerline of the Sebastian River to its intersection with the Township line dividing Township 30 South and 31 South;also being the North boundary line of Indian River County; thence West along said boundary line to the Fleming Grant line; thence Southeasterly along said Fleming Grant line to the Range line dividing Ranges 37 East and 38 East; thence South along said Range line to the Southwest corner of Section 18, Township 31 South, Range 38 East; thence East along extension of South line of said Section 18 to the Northeast corner of Section 23, Township 31 South, Range 38 East; thence South along the East line of said Section 23 to the South- east corner of the Northeast 1/4 of the Northeast 1/4 of said Section 23; thence West to the Southwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 23; thence South to the South line of the North 1/2 of said Section 23; thence West to the center of said Section 23; thence South along the North South centerline of Section 23 and of Section 26 to the Southwest corner of the North 1/2 of the Northeast 1/4 of Section 26, Township 31 South, Range 38 East; thence run East to the Southeast corner of the North 1/2 of the Northeast 1/4 of Section 26, Township 31 South, Range 38 East; thence run South to the Southwest corner of the Northwest 1/4 of Section 25, Township 31 South, Range 38 East; thence run East to tide Southeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 25, Township 31 South, Range 38 East; thence run South to a point 100 feet North of the Southwest corner of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 25, Township 31 South, Range 38 East; thence run East to a point 100 feet North of the Southeast corner of the North 1/2 of Northeast 1/4 of Southeast 1/4 of Section 25, Township 31 South, Range 38 East; thence run North to Southwest corner of North 1/2 of Northwest 1/4 of Section 30, Township 31 South, Range 39 East; thence run East to the Southeast corner of North 1/2 of the Northwest 1/4 of Section 30, Township 31 South, Range 39 East; thence run South to the Southwest corner of Northeast 1/4 of Section 30, Township 31 South, Range 39 East; thence. run East to Southwest corner of Northwest ]L/4 of Section 29, Township 31 South, Range 39 East; thence run North to Southwest corner of Northwest 1/4 of Northwest 1/4 of Section 29, Township 31 South, Range 39 East; thence run East to the Southeast corner of the Southwest 1/4 of the Northwest 1/4 ofthe Northwest 1/4 of Section 29, Township_31 South, Range 39 East; thence run North to the Northeast corner of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township131 South, Range 39 East; thence run South 80°28'05" East a distance of 1007.67'; thence South 00°27'39" East a distance of 662.76'; thence South 89°29'05" East a distance of 1008.38' to the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 31 South, Range 39 East; thence run North to the Northeast corner of the Southwest 1/4 of Section 20, Township 31 South, Range 39 East; thence run West to the Southeast corner of the West l/2 of the Northwest 1/4 of Section 20, Township 31 South, Range 39 East; thence North to the Northeast corner of the West 1/4 of the Northwest 1/4 of Section 20, Township 31 South, Range 39 East; thence run East along the North boundary lines of Sections20 and 21, Township 31 South, Range 39 East to the West boundary line of the Town of _ Orchid; thence Northwesterly along the West boundary of the Town of Orchid to the North boundary of the Town of Orchid. Thence East along the North boundary line of the Town of Orchid and the prolongation thereof to the Atlantic Ocean and the point of beginning. The voting place or precinct of said parcel shall be the Sebastian City Hall, Sebastian, Florida. •• • t• PRECINCT 1C Begin at the Northwest corner of Section: 19, Township 31 South, Range 38 East; thence East along the extension of the North line of said Section 19 to the Northeast corner of Section 23, Township 31 South, Range 38 East; thence South along the East line of said Section 23, to the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section 23; thence West to the Southwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 23; thence South to the South line of the North 1/2 of said Section 23; thence West to the center of said Section 23; thence South along the North South centerline of Section 23 and of Section 26 to the Southwest corner of the North 1/2 of the Northeast 1/4 of Section 26, Township 31 South, Range 38 East; thence run East to the Southeast corner of the North 1/2 of the Northeast 1/4 of Section 26, Township 31 South, Range 38 East; thence run South to the Southwest corner of the Northwest 1/4. of Section 25, Town- ship 31 South, Range 38 East; thence run East to the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 25, Township 31 South, Range 38 East; thence run South to a point 100 feet North of the Southwest corner of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 25, Township 31 South Range 38 East; thence run East to a point 100 feet North of the Southeast corner of the North 1/2 of the Northeast 1/4 of Southeast 1/4 of Section 25, Township 31 South, Range 38 East; thence run North to Southwest corner of North 1/2 of Northwest 1/4 of Section 30, Township 31 South, Range 39 East; thence run East to the Southeast corner of North 1/2 of the Northwest 1/4 of Section 30, Township 31 South, Range 30 East; thence run South to the South- west corner of Northeast 1/4 of Section 30, Township 31 South, Range 39 East; thence run East to Southwest corner of Northwest 1/4 of Section 29, Township 31 South, Range 39 East; thence run North to Southwest corner of Northwest 1/4 of Northwest 1/4 of Section 23, Township 31 South, Range 39 East; thence run East to the Southeast corner of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 31 South, Range 39 East; thence run North to the Northeast corner of the Southwest. 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 31 South, Range 39 East; thence run South 80°28'05" East a distance of 1007.67'; thence South 00°27'39" East a distance of 662.76'; thence South 89°29'05" East a distance of 1008.38' to the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 31 South, Range 39 East; thence run North .to the Northeast corner of the Southwest 1/4 of Section 20, Township 31 South, Range 39 East; thence run West to the Southeast corner of the West 1/2 of the Northwest 1/4 of Section 20, Township al South, Range 39 East; thence North to the Northeast corner of the West 1/2 of the Northwest 1/4 of Section 20, Township 31 South, Range 39 East; thence run East along the North boundary lines of Sections 20 and 21, Township 31 South, Range 39 East to the West boundary line of the Town Of Orchid; thence Northwesterly along the West boundary of the Town of Orchid to the North boundary of the Town of Orchid; thence East along the North boundary line of the Town of Orchid and the prolongation thereof to the Atlantic Ocean; thence Southerly along the Atlantic Ocean to the South line of Section 23, Township 31 South,. Range 39 East; thence run West along the South line of said Section 23, to the East boundary of the Town of Orchid; thence South along the East boundary of the Town of Orchid to its point of intersection with the East bank of the Indian River; thence meander Southeasterly along the East bank of the Indian River to its point of intersection with the North boundary line of Government Lot 5 in Section 35, Township 31 South, Range 39 East; thence run West along the North line of said Government Lot 5 and Government Lots 6 and 7 in said Section 35, Township 31 South, Range 39 East and the prolongation thereof to AR* 19 is -75 8.. 22PACEI • the West bank of the India River; thence Southeasterly along the West bank of the Indian Ri er to its point of intersection with the Township line dividing Townships 31 South and 32 South; thence run West along the Township line dividing Townships 31 South and 32 South to the Range line dividing Ranges 38 East and 39 East; thence South along said Range line to the Southeast corner of Section 1; Township 32 South, Range 38 East; ,thence run West on a line. one mile South of and parallel to the Township line dividing Townships 31 South and 32 South to the Range line dividing Ranges 37 East and 38 East; thence run North along said Range line to the point of beginning. The voting place or precinct of said parcel shall be Wabasso Elementary School, Wabasso, Florida. Commencing at the intersection of the West Bank of the Indian River and the North line of Section 25, Township 32 South, Range 39 East for point of beginning, and from thence meander Southeasterly along the bank of the Indian River to its point of intersection with the North boundary line of the city limits of the City of Vero Beach on the North boundary line of Government Lot 3 in Section 25, Township 32 South, Range 39 East; thence West along said North boundary of said Lot 3 in said Section 25 to the Northwest corner of said Government Lot 3; thence South along the West boundary of Government Lots 3 and 4, Section 25 and the East line of the West half of the East half of Section 36, Township 32 South, Range 39 East to the South right-of-way of the Main Canal of the Indian River Farms Drainage District; thence West along the South right- of-way of the Main Canal to a point due South of the East line of, R.D. Carter Subdivision in the Northeast 1/4 of the Southeast 1/4 of Section 35, Township 32 South, Range 39 East; thence run North from the last point along the said East line of R.D. Carter Subdivision to the Northwest corner of said R.D. Carter Subdivision; thence run West along the North line of said R.D. Carter Subdivision to a point 200 feet East of the East right-of-way line of Federal Highway No. 1; thence Northwesterly and parallel to the East right-of-way of the Federal Highway to the North line of Section 35, Township 32 South, Range 39 East; thence East along the North line of said Section 35 to the Southwest corner of Section 25, Township 32 South, Range 39 East; thence North along the West line of said Section 25, a distance of 3,300 feet; thence West 1,320 feet; thence North 660 feet; thence West to the East right-of- way of the Florida East Coast Railway; thence Northwesterly along the East right-of-way of the Florida East Coast Railway to the North line of Section 26, Township 32 South, Range 39 East; thence due East along the North line of said Section 25 and along the North line of Section 26, Township 32 South, Range 39 East to the West Bank of the Indian River and the point of beginning. The voting place or precinct of said parcel shall be the Elks Club in the City of Vero Beach, Florida. MAR 19 7975 BOlx 22 FAC{9. Commencing at the inte Government Lot 1, Section 2 and the Atlantic Ocean for meandering Southeasterly al to a point of intersection of Indian River Shores; the line of the Town of Indian Indian River; thence meande Northwesterly along the West bank of the Indian River to a point of intersection of the prolongation of the North boundary line of Government Lots 5, 6 and 7, in Section 35, Township 31 South, Range 39 East; thence run East along said prolongation and along the North boundary lines of said Government Lots 5, 6, and 7, in Section 35, Township 31 South, Range 39 East to the East bank of the Indian River; thence meander Northerly along the East bank of the Indian River to its point of intersection with the South boundary of the Town of Orchid; thence. run Easterly along the South boundary of the Town of Orchid to its point of intersection with the East boundary of the Town of Orchid; thence Northerly along the East boundary of the Town of Orchid; to the Northwest corner of Government Lot 3, in Section 26, Township 31 South, Range .39 East; thence run Easterly along the North boundary of said Section 26 to the point of beginning. PRECINCT 2D section of the North boundary line of Township 31. South, Range 39 East, e point of beginning and from thence ng the shore of the Atlantic Ocean f the South boundary line of the Town ce run Westerly along the South boundary ver Shores to the West bank of the The voting place or precinct of said parcel shall be the Town Hall in the Town of Indian River Shores. BOOK " pA,,,,194 AR 19 1975. PRECINCT 5A Commencing at the poinit of intersection of the centerline of Beachland Boulevard as the same is shown on the Plat of Vero Beach Estates filed in Plat Book 5, page 8, Public Records of Indian River County, Florida, and the Atlantic Ocean, as the point of beginning, and from thence run Southeasterly along the high-water mark of the Atlantic Ocean to a point of intersection with the South boundary line of the City limits of the City of Vero Beach; thence run Westerly along said South boundary of the city limits of the City of Vero Beach to a point of intersection with the Navigation Channel of the Indian River (Intracoastal Waterway, 1963); thence run North- westerly along said Navigation Channel of the Indian River to a point which is the prolongation of the centerline of Beachland Boulevard as shown on the Plat of Veto Beach Estates, filed in-P1a Book 5, page 8, Public Records of Ste Lucie County, Florida; thence East on the prolongation of said centerline of said Beachland Boulevard and along the said centerline of Beachland Boulevard to its point intersection with the Atlantic Ocean and the point of beginning. The voting place or precinct of said parcel shall be the Beach Fire Station, Vero Beach, Florida. MAR 191975 8OO 22 P CE l85 PRECINCT 5C Commencing at the intersection of the Atlantic Ocean and the Northeast corner of Government Lot 1, in Section 29, Township 32 South, Range 40 East as the point of beginning and from thence meander along the high water line of the Atlantic Ocean Southeasterly to the point of intersection of the centerline of Beachland Boulevard, as the same is designated on Plat of Vero Beach Estates, filed in Plat Book 5, page 8, Public Records of St. Lucie County; thence run West on the centerline of said Beachland Boulevard and the prolongation thereof to the centerline of the Navigation Channel of the Indian River (existing Intracoastal Waterway, 1963); thence Northwesterly along said centerline of the Navigation Channel of the Indian River to its point of intersection with the North boundary of the City limits of Vero Beach, Florida; thence Easterly along the North boundary of the City limits of the City of Vero Beach to the Atlantic Ocean and the point of beginning. The voting place or precinct of said parcel shall be the Vero Beach Jaycees Building on North A 1 A in the City of Vero Beach. MAR 19 1975 ook 22 pAcc196 shall be deemed as the official. Precincts for such areas until the same are changed in accordance with the Law, and that the Precincts not so specifically altered shall remain as previously established. This 5th day of March, 19750 ATTEST: %Q 6/741f Ralph Harris, C -7k of the Circuit Court BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER OUNY,LORIDA • BY amf7 Alma Lee Loy, Chair of the Board NOTED: Rosemary Richey, Su visor of(ections THE FOLLOWING ORDINANCE 75-3 ADOPTED BY THE BOARD AT THEIR REGULAR MEETING OF MARCH 5,•1975 Is HEREBY BEING MADE A PART OF THESE MINUTES. - INDIAN RIVER COUNTY ORDINANCE 75-3 AN ORDINANCE TO BE ENTITLED: "AN ORDINANCERELATING TO SUBDIVISIONS, PROVIDING FOR DEFINITIONS, PROVID- ING FOR REQUIREMENTS FOR APPLICATION, PROVIDING FOR DESIGN STANDARDS, PROVIDING FOR LOTS, CANALS AND WATERWAYS, PROVIDING FOR PUBLIC SITES .AND OPEN SPACES, PROVIDING FOR AN AGREEMENT TO MAINTAIN, PROVIDING FOR EXCEPTIONS, VARIANCES AND APPEALS, PROVIDING FOR EN- FORCEMENT AND PENALTIES AND PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE." BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS'OF INDIAN RIVER COUNTY, FLORIDA, THAT: SECTION 1. PURPOSE OF SUBDIVISION ORDINANCE •• a. 1. To establish uniform standards for the design of subdivision and the preparation of subdivision plats. • 2. To bring together in coordinated and convenient form. all '. official requirements pertaining to the processing of plats. 3. To facilitate coordination of subdivision plats with the _zoning, highway and public improvement plans of the County. 4. 'To assure consistency and equitable treatment for Engineers. Surveyors and Subdividers in the review of their plats. S. This ordinance shall conform to and supplement Chapter 177 Laws of Florida. SECTION 2. DEFINITIONS 1.. Inclusions: As used in this ordinance words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincornorated asso- ciation and a partnership, as well as an individual. The word 'building" includes structure and shall be construed as if followed by the phrase "or part thereof". The word "street" includes avenue, boulevard, parkway. court, highway, land, roadway and expressway. The word "watercourse" includes than- nel, creek, ditch, drain, dry run, sprint+, stream and canal, but does not include a lake, pond or pool without outlet. The word "may" is permissive; the word "shall" is mandatory and not merely directory. 2. DEFINITION OF TERMS MAR 191975 ALLEY: • A public right-of-way, not over 30 feet in width, providing a • Secondary means of access and service to abutting property. BOARD: Shall mean the Board of County Commissioners. Indian River County, Florida. 'COUNTY: Is Indian River County, Florida. • CUL-DE-SACS A minor street intersection another street at one end and terminated at the other end by a vehicular turnaround. R 90.01(. " C+E ° DEVELOPER: "A: person, orhis agent. who undertakes the attivities covered by these regulations, particularly the preparation of a sub. division plat showino the layout of the land and the public .improvements involved therein. Inasmuch as the subdivision plat is merely a'necessary means to the end of assuring a satisfactory development the term "developer' is intended to. include the term "subdivider." even though the persons involved in successive stages of the nro.ect way vary. . . EASEMENT.. A right-of-way granted for limited use ofirivate pronertye LOT: A tract or parcel of land identified as a single unit in a subdivision. and intended for transfer or ownership, use or improvement. • LOT DEPTH: 'The mean horizontal distance between the front and rear lines .'efalot. 44 La WIDTH: • The horizontal distancebetween the Me -lines of a lot at the setback line. or at the front lot line where no front setback is required. (NOTE: See figure S, Appendix for example) HALF OR PARTIAL STREET: A.Street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved. pp H,p Means a permanent reference monument, which consists of a metal rod a minimum of twenty-four inches long ora one and - one half inch minimum diameter metal pipe a minimum of twenty inches long. either of which shall be encased in a solid block of concrete or set in natural bedrock a minimum of six inches . in diameter, and extendina a minimum of eighteen inches below the top of the monument. or a concrete monument four inches by four inches. a minimum of twenty-four inches lone. with the point of reference marked thereon. A metal cap marker, with the point of reference marked thereon. shall bear the registra- tion number of the surveyor certifying the plat of record. and . the letters "P.R.M." shall be placed in the top of the monument.' PoCePeo 1 shall mean Permanent Control Points, each.of which shall con- sist of a Nail in a Disc (Disc stamped with Surveyor's Regis tration number perferred), iron pipe, brass marker or iron Mini • re IMPROVEMENTS. PUBLIC: • Any of the following: street pavement, with or without curbs and gutters; sidewalks, alley pavement; walkway pavement; water system mains; sanitary sewers system; storm drains system; street name signs; street trees; Permanent Reference Monuments (PRM); Pern'anent Control Points (PCP); Bicycle Paths. --MASTER PLAN: A comprehensive plan prepared by the County Commissioners .which indicates the general locations recommended for. the various functional classes of public works, places and struc- tures and for the neneral physical development of Indian River. County, Florida and includes any unit or part of such plan Separately adopted and any amendment°to such,plan,or parts thereof. a BOOK 22 PAbil.9 s 4 °OFFICIAL'WAP": • A map established by the County Commissioners showing the streets, highways and parks therefore laid out, adopted and established by law and any amendments thereto adopted by the ,County. Commissioners or additions thereto resulting from the. ,approval of subdivision plats by -the CountyCommissioners and the subsequent filing of such approved 'plats. MOBILE HOME SUBDIVISION: 1Shall mean a subdivision wherein lots are platted, for sale or: for lease for a period in excess of one year, for occunancy by a house trailer or mobile home for one family per lot. MULTIPLE DWELLING: A buildino which provides separate living quarters for three or more families. PLAT, FINAL: A complete and exact subdivision plan, proposed for official recording as reouired by statute. to identify and define Property rights and dedication. PLAT, PRELIMINARY: • A tentative subdivision plan, in lesser detail than a final plat showing approximately proposed street and lot layout as a basis for consideration prior to design plans, construction or improvements and%or preparation of a final Plat. PRIVATE STREET: A privately owned access to abutting property owners, platted but not dedicated to the general public., with a minimum width of fifty (50) feet of easement, built to County specifications, not accepted by, or imnroved or maintained by the County,• until at such time as the County may elect to accept. such road as a public street. RIGHT-OF-WAY: Land reserved, used or to be used for a street, alley, walk- way,,drainage •facility or other public purpose. STREET: Aepublic .right-of-way or throughfare, 50' feet or more in width which normally affords principal means of access to abutting property. ' ARTERIAL STREET": --A fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for inter -communication . among large areas, widths shall conform to the official map. 'PRIMARY STREET": A heavy traffic road connecting arterial streets or major artery through the ".County, width shall conform to the offi- •Ciel mapl ' SECONDARY.STREET": A street, which in addition to giving access to abutting property, carries traffic from residential streets to primary or arterial street of a tion within . p, ways_ .. it s_'� � 1r _. q� .}••` .':.r.. '.k_ yp »... r•4 .� • • ,tip` .. ;/1... e. ' r ' ya. D k 4 > pc streets, and it includes the orincipal entrance residential development and streets for circula- such development, minimum width of 60' right -of •. RESIDENTIAL STREET*: A street which is less than a secondary street•and is a street Used primarily for access to' abutting property, minimum width Bf 50' right-of-way.. "MARGINAL ACCESS STREET": A minor street which is parallel and adjacent to arterial Streets and which provides access to abutting properties and protection from through traffic, minimum width of 40' right- Of -way. *VIM, STREET*: The shortest distance between the lines of -way of a street. SUBDIVIDER: See developer. SUBDIVISION: *Subdivision* means the platting of real property into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units .or any other division of land and includes establishment of new streets and alleys, additions and resubdivision and, when appropriate to the context, relates to the nrocess of sub- dividing or to the lands or area subdivided, filed for record With the Clerk of Circuit Court of Indian River County. SUBDIVISION REVIEW COMMITTEC A group of representatives of each of the various Indian River County Departments having a direct interest in subdivisions, including Road, Bridges a ,Zoning Department, Plannino Department and such other Departments as may be determined by the County Administrator, as well as Indian River County Health Department and the Departirent of Pollution Control Representative for Indian River. County, meeting at regular intervals to review and recommend approval or disapproval of preliminary plats as to compliance withthis ordinance. The County Administrator shall be the Subdivision Review Committee Chairman, Ex Officio, the Subdivision/�Review Committee hereinafter shall be referred to as SRC. SECTION 3. REQUIREMENTS FOR APPLICATION No person shall subdivide any tract of land which is located within the unincorporated area of the County except in conformity with the Provisions of this Ordinance and the Standard Specifications attached hereto as Appendix A. Standard Specifications shall be adopted and amended from time to time, if necessary, by Resolution of the Board of County Commissioners. No plat of any subdivision shall have any validity until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be considered invalid. No owner, real estate broker, salesman or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell or nenntiate to sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been finally approved and officially recorded. The description of any lot by metes -and bounds shall not exempt the transaction from the provision of this ordinance. The buildinu Official shall not issue any permits •for new buildinns on a lot in any subdivision w!iich has not been lawfully approved. The County hereby defines its policy to be that the County will withhold all public improvements of whatsoever nature, including the maintenance of streets, from all subdivisions•which have not been accented in the manner herein provided. No changes, erasures, modifications eyr revisions shall be made in any final plat after approval thereof __finless the said plat is first resubmitted for approval. There shall 117. no reference to any possible reversion of any property in the _dedication of -a plct. L+9 i iµ/}* fr^ MAR 7- °"�'`' delineatino-the right - 8.00 a PA t+ PROCEDURE FOR PREPARATION & FILING OF PLATS:- . R.: Prel ini nary Pl ats 1. 'Submission {a) Preliminary plats for•a11 proposed subdivision -of lands lying within the County, wholly or partially outside of municipalities. shalt be filed with the SRC for review.:- • (b) Provided that plats and -any necessary supoortina. data. are filed not less than i4 calendar days in r • advance of.the SRC meeting. plats shall .be con sidered by the SRC at its next regular:meeting. subsequent to fi:lingo4•• ° •.'r • Processing (a) A subdivider seeking approval of a subdivision plat shall transmit 5 copies of the oreiiminary plat to the County Administrator, to the Planning • Department, Zoning Department, Health Department, Department of Pollution Control. 1. The County Administrator shall examine and have checked the preliminary slat for general engineering and drainaoe requirements and check plats for conformity to the existing or proposed zoning of the area of the pre® liminary plat. • The Planning Department shall assign coreect street names to the preliminary plat, and Shall coordinate the recommendations of the several agencies above mentioned and report them to the SRC with an analysis of the con- formity of the preliminary plat with this ordinance and to the Master Plan. • 3. The Subdivision Review Committee shall meet, • review, correct and make recommendations as to compliance with this ordinance. At such meeting,.the developer may aonear•before the SRC to discuss specific aspects of the plans be4nn considered. A copy of all •of the Subs division Review Committee reports shall be given -to the developer in order that he may make any necessary chances in the i,lans. and resubmit two prints of the changed plans .to the County Administrator for checking in advance of the Board's meeting. S. Consideration by the Board`' (a) Board Action m No Preliminary Plans shall be considered for action by the Board until they have been reviewed, and recommendations made, by the SRC. The Board will consider the SRC's recommendations and then act -for nreliminary approval, conditional approval with conditions noted, postponement, or disapproval:. (b) The Board, in-studyino the preliminary plat. will take into consideration the eeouirements of the community and the best use of the land beine-subdivided. Particular attention will •be given to width, arrangement and location of . • streets, lot sizes and arranciement. as well as • requirements for school sites, public building °sites, parkways and highways. Adequate street Connections will be:reouired to ensure free access to and circulation for adjoining sub- • divisions and lands. .• • 1..0. e . MAR 10191-5 r-'°`��1' °�° •p , • • te) In cases where. the pronosed .subdivision olat is a resubdivision of portions of an existing sub division or a plat in connection with abandonment of a portion of existing public streets and pro- perty or on nearby property which unduly affect the platting and development of the subject w• property, the Board shall have the richt to vary, the strict application of this ordinance in appropriate cases in such a manner as to carry oat the spirit and -purpose of this ordinance. (d) At a scheduled meeting the Board shall, receive reports on the preliminary plat to determine 1•ts conformance to this ordinance: The sub- divider and any other persons directly affected by the proposed subdivision shall have the right to be heard by the Board either in•person or by letter. (e) Notification of Action - After Board's action, the County Administrator shall notify the devei- operrof the Board's action in writing and request him to pick up his set of plans and check sheets which are marked so as to instruct him as to the Board's action and renuirerents.Atleast five (5) prints of the approved preliminary nlans shall be required for distribution to concerned public.apencies whenever such plans differ from the plans aporoved by the Board. (f) The Board may approve the preliminary plat as presented or with modifications, if found to be in conformance with this ordinance or may dis- approve the plat when not found to be in confor- mance or capable of being revised to conform. Approval of the preliminary plat subject to conditions, revisions and modifications as stipu- elated by the Board, shall constitute tentative Board approval of the subdivision as to the Character and intensity of development, the -general layout, the approximate .dimensions of streets, lots amlother Proposed features. The following limitations and conditions are placed on the nreliminary plat approvals Given by the Board: 11) The approval of the Board shall have -full force and effect for a period of 18 months from the date -of approval. An extension may be granted by the Board. r i (g) (2) (3) If no final plathas been filed for the area covered by the preliminary platbefore the approval period has elapsed, the approval shall be revoked. If final plats are filed for only .a Portion of the preliminary plat, the approval on the remaining portions shall be revoked unless an extension of time has been oranted by the Board. If a final is submitted, on which changes have been made from the preliminary approval, the Planning Director shall review the plat to determine the changes and its effect on the area of the plat and the apnlicahle ordinances. If sinnificant changes have taken place, the plat must be resubmitted to the SRC. 9 O . 4, Requirements (t) • The preliminary plat shall be a scale of not more than 100 feet to the inch, provided that a scale of 200 feet to the inch may be used for large areas. (b) The preliminary plat shall show or be accompanied by the following information: .(1) Proposed subdivision name or identify1n9 title which shall not duplicate or closely approximate the name of any other subdi- vision in the County. - (2) Location sketch within section. (3) Northpoint, scale and.date. (4) Name of the owner of property or his autho- rized anent. (5) (6) (7) (8) Name of the registered engineer or surveyor responsible for the plat. Locations and names of adjacent subdivisions. Subdivision boundaries with angles and dis- tances. Boundaries must be clearly marked with a heavy line. All -existing watercourse, canals and bodies of water. (9) A11.•existina streets and alleys on or adja- cent to the tract, tncludino name and right- of-way width. (10) All existing property lines, easements and rights-of-way and the purpose for which the easements or rights-of-way have been estab+' llshed, where known to the. .surveyor. (11) Location and width of all proposed streets, alleys, rights-of-way and easements; oro - posed lot lines with approximate dimensions; playgrounds, public areas, and parcels of • land proposed or reserved for public use. (12) General concept of storm drainage, sanitary sewage and water distribution within the immediate vicinity. (c) Plan Approval - (1) Prior to the 'commencement of construction, all plans shall have been apnroved by the County Administrator. • 5. Final Plats (a) General Requirements • The Final Plat, in the form of a linen or dimen sionally stable plastic. film tracinn.shall he prepared in accordance with Chanter 177 Florida Statutes and all amendments thereto.. The overall. • size shall. he 24" X 36", with'nroper borders, and drawn at a. scale no smaller than 1" to 100', r r•y ,ei" ,„�, a .1).•/F, ). ,�.. � . A _ • o A.- - 4 , 0e .1,..:.. • N3.0::.,-.4; •t. �� h ..„.« M..r-J.r6.4isaii.6a .......-......a............4- ••114•••...••••••••••••••••:.• .a.. ,.•.•.,wni1 • • r• q i»." •""' .r" 4.1 •!y * .o MSR 1919 _5 : , s , r-r''� • -j. 600`x 22PAGE •g. (b) Detail Requirements The Final Plat shall show -the following information: (1) Plat title, with all lettering of'the same. size and type. (2) Section, Township and Range. (3) North arrow. - (4). Graphic scale. r • Description. Dedication, or owner, owners of if a corpora- tion, two authorized officers signatures and seal. • (7) County Commission approval. (8) Circuit Court Clerk. (9) Surveyor°s certificate and seal. (10) Mortgage, joiner and consent. (11) The initial point -in the description shall be tied to.thernearest government corner or other recorded and well established corner. (12) Location, width and names of all streets, alleys, rights-of-way and easer."ents. (13) Adjacent streets and plat names with plat book and page numbers. (14) Lot and block numbers.or designation, properly numbered. - (15) Permanent reference marker and location. (16) Block Corner Radii. (17) Lot dimensions to hundreths, except where riparian boundaries are involved which may be plus or minus. (18) Curvelinear lots shall show the -radii arc distances, and the central angle, or radii chord and chord bearing, or.both. Radial lines will be so.desionated. (19) Sufficient angles, bearings or dimensions to show direction of all lines. The center line of all streets shall -be shown with distances, angles, PC's, PT's arc distance, central angles, tangents,. and radii. (20) (21) PCP's will be shown on the plat by an anpro priate designation and will be placed along the centerline of rights -of -gray, preferably at centerline intersection, PC's, PT's and other.applicable points as may be directed by the County Administrator. • �.. �...�„•v Mt ''.' • • }022PAG O5 O NOTE: PCP's and PRM's are considered` improvements and Shall be included in the -performance bond and approved by the County Administrator. (22) .Seals 'as applicable. (23) Notes and/or legend. (24) Parks and Recreation areas. ..(25) Limits of subdivision shall be clearly defined. (26) Whenever lands are subdivided alone the Atlantic Ocean, Indian River.or its' tribu- taries, lot dimensions shall be shown to the .mean high water, at date of survey, and as defined in the shore and sea *boundaries, Coast and Geodetic Survey, Published by • the United States Department of Commerce.. (c) Submission The Final Plat shall be submitted to the County Administrator for review.. The Final Plat shall be accompanied by such other nians and data as may be required by the County Administrator, including the following where applicable: (1) • Certificate of Engineer or Surveyor o - record that all imnrovements are in accord- ance with the approved plans and snecifica- tions, and that no outstanding indebtedness is due for said improvements. (2) Performance Bond for'Improvements. (3) (4) (5) Road and Grade Plans. Certificate of Title. Prints. (d) Checking The County Administrator shall check all final Diets to verify conformitywith the Preliminary Plat as -approved by the Board. In case of doubt -as to ;conformance with the.Board's anoroval, the County Administrator shall refer a copy of the .Final Plat to the Planning Department for a report on conformity with the SRC and Board's action. SECTION 4. DES/GM STANDARDS 1,. STREETS AND ALLEYS - (a) Conformity to Official Map, when hereinafter. adopted. The location, direction and width of all streets,.roads and h;ghways shall conform to the Official Map and Master .Plan sof Indian River County. (b) Relation to Existing Street System • The arrangement of streets in new subdivisions shall make Drovisions for proper extension of existino dedicated streets in existing subdivision where such extension is . approori•ate. x- ° • - _ it _ P'• � •p , -1t r .• . i• norti— • (e) ~frovlslon for Platting Adjoining Rouletted Areas The'arranerement of.streets .in net subdivisions shall' be • such as to facilitate,- and • coordinateaith the desirable future platting .of adjoininen unplatted property of a • Similar character, and to provide. for local circulation -and convenient access to neighborhood.facilities. (d) Protection from Through 'raffle 1. Residential streets shall be laid`out and •arranged so as todiscourage their use by through traffic. Residential streets shall not -connect with -industrial -areas unless unavoidable. 1. Wherea residential subdivision or residential •property •abuts an existing or proposed arterial street, the -. board may renuire marginal access streets reverse frontage with screen nlaatine contained in a non -access strip along the rear property line. deen dots with or. without rear service alleys, or such other treatment as may be necessary for adeouate protection of resi-- =dentias properties and to -minimise conflict of through •and local traffic. . (e) Plats adjacent to railroad and arterial right-of-way where .* subdivision borders on or contains a rirrht-of-way for a -railroad, arterial road, drainane canal or waterway, the --Board may -require a street anoroxiarately parallel to and on each side of such right-of-way at a distancesuitable for the appropriate use of the intervening land. Such jistances shall also be determined with due regard for the -requirements .of -approach grades for future grade separation. -Where new or existing crossings are required the, developer aha11 be required to pay for same. .(f) Reserve Strips `Reserve strips controlling access to streets shall be pro- `bibited except where their control is definitely placed.in. . .-the County under conditions approved•by the Board. . (g) Private Streets Private Streets as a principal mans of access to individ- .ually owned lots will be permitted,.provided the Board finds the same will not be required as public streetsin the overall County PIan. There shall;be no maintenance • or improvements of private streets by the County, however, Such streets shall be constructed in accordance with minimum snecifications for public streets and approved by. =the County Administrator. Private streets shall also be -considered utility easements, and the County, by formal Board action, may accept these streets and/or easements any part thereof. potations to this effect shall be so 'stated on the face of the final plat. -NOTE: (See appendix 1C -page 17 for plat dedication and notations) (h) Half Streets —Hew half or partial streets -shall not be permitted excep• t where essential to reasonable subdivision of a tract in conformance with this ordinance or where satisfactory .assurance.for dedication of the remaining part of the Street is provided. Whenever a tract to be subdivided '--borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. `IAR1. or aenroval • _ • (i) Resubdivision If lots resulting' from original subdivision arp large , enough to permit or to require resubdivision, or if a portion of'the tract is not subdivided, adeauate street y;tD r.lght-o'l--way to permit future subdivision shall be pro • sided as necessary. "a,baaaaaaa.010 000•00000.00.2 00160,0 5 6 Roox PAGE207 R 1 u Dead-end Streets Dead-end streets shall be prohibited, exceot,where appro- priate as stubs to permit future street extension into adjoining unsubdivided tracts, or when designed as cul- de..sacs. Blocks • The length, width and shape of blocks 'shall be determined with due regard to: • (e) Provision of adequate building sites, suitable to the special needs of the type of use contemplated. (b) Zoning requirements as to lot sizes and dimensions. (e) Needs for convenient and safe access, circulation •control of pedestrian and vehicular traffic. (d.), Limitations and opportunities of toponraphic features. -- (e) Block lengths shall not exceed 1320 feet, if any block exceeds 660 feet, then cross drainage shall be Provided within the block. (f) Where found necessary easements, not less than 10 feet .in width, may be required in blocks over 1,000 feet in length to provide safe and convenient access to schools, playgrounds. shopniny centers, transportation or other community facilities. • Lands Platted Along Ocean • All lands platted along the Atlantic Ocean shall sho• w the bluff lines as it exists on the day of the plat, and shall be referenced with PRM's set at intervals in order that any and all setbacks as required in zoning can be made by the said line; this line being in conforriance with aopli- cable State Statutes & County Ordinances and the same shall be referenced. (a) • In every instance in which the property heina platted borders on the Indian River or Sebastian River or upon any finger, bay or channel therefrom, then the eleva- tion of the land as it exists or the elevation of the land -as it shall exist in its finished condition shall be shown on the tentative plat. All elevations shall be from United States Coast and Geodetic Datum, mean sea level, of the waters opposite the lands proposed to be platted. Prior to final approval of any plat, if any part of said lands -borders upon the narrows of the Indian River and is below an elevation of 5 feet, then the land shall be filled to an elevation of 5 feet. On such lands other than those bordering upon the narrows of the Indian River, that is South of the South line of Section 7, Township 33, Range 40, and North of the North line of Section 17, Township 31. Range 39, the same shall be filled to a minimum eleva- tion of 4 1/2 feet. If a finger type of development is proposed, then the open river end of each finder shall be bulkheaded to a minimum elevation of 5 feet. with a sloped or stepped bulkhead as desired from the open river end inland to a minimum elevation of 3 1/2 feet at the inland end. Where the ground elevation shall have a 4 to 1 slope upward to an elevation of 5 feet. In such finger type development, road rinhts- of-ways shall be of a minimum width of 60 feet and channels or canals senaratina each finder shall be of minimum width of 80 feet with bulkhead walls and 100 foot width without bulkhead walls. Areas developed to retain natural venetation. and residences or structures designed on approved, raised .foundations may be an exception to the above reouire-. ,vents. All bulkhead walls and revetments shall' be designed .by • e registered Engineer, .and approved by the County Administrator. SECTION 5. LOTS 1. *Lot di.iensionv and areas shall not be less. `than'specified' by' ;applicable provisions of the zoning regulations•in effect. . S. Side lot lines shall be substantially at right angles or radial to street lines. • S. d Double frontage and reverse frontage lots for residenttdl use : shall be avoided, except where essential to r.rovide separation of residential development from arterial streets to overcome specific handicaps of topogranhv or orientation., A planting. ° screen strip of at least 10 feet and across which there shall be no right of vehicular movement or use, shall be provided '4 alone the pronerty line of lots abutting such trafficway or other disadvantageous situation. • Every lot shall. abut upon and have permanent access to a public or approved erivate street. Residential lots shall have a street frontage of not less than 30 feet., Lot arrangement and design shall be properly related to the character of surrounding. development. SECTION 6. CANALS .'a WATERWAYS Public *canals and• waterways should be avoided excent when annroved and•deemed by the Board to be unavoidable or necessary, wherein literal enforcement of this ordinance would deprive the Develoner of reasonable use of his land. In event of such approval the County willnotaccept the responsibility of maintenance for canals, shore protection or waterways; . SECTION 7. PUBLIC SITES ANO OPEN SPACES • to School Sites When the subdivision covers an area within which the Board of Public Instruction requires a school site, it is recommended that provision be made in subdivision plat for such proposed school site property integrated into the plans of the subdivision. SECTION E. AGREEMENT Ny'the presentation of the final plat for approval and recording, the subdivider thereby aarees to maintain in Good condition all. improvements required to be placed upon the land pursuant to this ordinance for a period of one (1) year from the date the plat is recorded andfor the performance bond is released. To maintain in good condition means that at the end ofthe period mentioned, the • improvements shall at the end of said period be in such condition that they meet the requirements of this ordinance as it existed at the time of final approval of the plat. • SECTION 9. EXCEPTIONS, VARIANCES AND APPEALS The Board may grant a variance from the terms of this ordinance when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hard- ship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of this ordinance. Furthermore, Such variance shall not be Granted by the Board unless and until: 1. A written application for a variance is submitted demonstrating that special conditions and circumstances exist which are peculiar to the land, structures•or required subdivision im- provements involvedand which are not applicable to other lands, r. structures or required subdivision improvements. 2. A literal internretation of the.orovisions of this. ordinance would deprive the applicant of rights commonly enjoyed by other properties with similar conditions. S. 'That the special conditions and circumstances 'from the actions of the'apnlicant. 4. That the grantino'of the variance requested will not confer on the applicant any snecial nrivilege that is denied by this ordinance to other lands, structures or required.subdivision improvements under similar conditions. No pre-existing condi- tions on neighboring lands which are contrary to the renulations established in this ordinance shall be cnnsidered.nrounds for the issuance of a variance. • S. That Board shall make findings that•the requirements of this section have been met. •i. The Board shall further make a' finding that the reasons set forth in the application Justify the granting of the•variance, and that the variance is the minimum•variance that would make. Possible the'reasonable use of the land, building or other improvements. 7. The Board shall make a further finding that the grantinn of the • variance would be in harmony with the neneral purpose and intent of this ordinance and will not be injurious to the surrnundinn territory, or otherwise detrimental to the public welfare. In granting any variance the Board may prescribe anpronriate - conditions and safeguard in conformity with this ordinance. Violation of such conditions and safeouards when made a part of the terms under which the variance is granted shall be deemed a violation of this ordinance and.Chapter 177, Florida Statutes. do not result SECTION 10.. ENFORCEMENT AND PENALTIES The Board or any aggrieved person may have recourse to such remedies in law and equity as may be necessary' to insure compliance with the provisionsof this ordinance including injunctive relief to enjoin and restrain any person violation the provisions of this ordinance and any rules and regulations adopted under this ordinance and the court shall, upon proof of the viol-ation of the ordinance have the duty to forthwith issue such temporary and permanent injunctions as are necessary to prevent the violation of the .ordinance. Any person violating the provisions of this ordinance or who shall fail to abide by and obey all renulations and orders adopted herein shall be guilty of a misdemeanor. Each day that the violation shall Continue shall constitute a separate violation. SECTION 11. LEGAL STATUS 1. Saving Clause If any section, part of a section, naraoranh, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such :holding or invalidity shall not affect the remaining portions .of this ordinance without such unconstitutional, invalid, or • inoperative Dart therein, and the remainder of this ordinance after the exclusion of such part or parts, shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or anv of the provisions thereof, shall be held inapplicable to any person. groups of persons, property, kind of property, circumstances, or set of circum- stances, such holding shall not affect the apnlicability hereof to any other person, property or circumstances. AR, 9 1975 v BB "PAG:ELI 2. Effective ®ate This ordinance shall take effect upon its adoption by the • Board. Subdivision for which preliminary or final plans have been approved prior to the effective date may be developed and completed according to the pre-existing requirements for Subdivisions. However, preliminary or final subdivision plans which are approved prior to the effective date shall not be Substantially amended or chanced after the effective date. ex-: sept to conform with this ordinance This Ordinance shall become effective on the 24th day of March, 1975. O r.� t.,.,, 8001 22 PAGE 211 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 AS SAME AS FOLLOWS: GENERAL FUND Nos. 4010 - 4079 INCLUSIVE; ROAD AND BRIDGE FUND Nos. 2117 - 2159 IN- CLUSIVE; FINE AND FORFEITURE FUND Nos. 857 - 865 INCLUSIVE; CAPITOL OUTLAY FUND Nos. 172. 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 PRO- VIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH,RE- CORD 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 6:40 O'CLOCK P.M. ATTEST: AZ,„‘ LERK CHAIRMAN