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HomeMy WebLinkAbout4/23/1975APR2g1975 WEDNESDAY, APRIL 23, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, APRIL 23, 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; JACK HOCKMAN AND ELIZABETH FORLANI, DEPUTY CLERKS. L.S. "TOMMY" THOMAS, COUNTY COORDINATOR WAS ON VACATION. PAUL D. BURCH,ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS AND GEORGE G. COLLINS,.JR.,ACTING COUNTY ATTORNEY WERE BOTH PRESENT. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND ROBERT M. BAILEY, FROM THE SEBASTIAN UNITED METHODIST CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF APRIL 9, 1975. COMMISSIONER WODTKE REQUESTED THE FOLLOWING: ON PAGE 13, AFTER THE NINTH PARAGRAPH, THE FOLLOWING PARAGRAPH BE INSERTED: "COMMISSIONER WODTKE LEFT THE MEETING AT 12:20 O'CLOCK P.M. STATING THAT HE WOULD BE ABSENT FOR THE REMAINDER OF THE DAY." ON PAGE 14, SECOND PARAGRAPH, THIRD LINE, THE WORD "ENGATED" BE CHANGED TO READ "ENGAGED". ON PAGE 34, SIXTH PARAGRAPH, THIRD LINE, THAT PORTION OF THE SENTENCE READING "...IF YOU TO GO A.." BE CHANGED TO READ "...IF YOU DO GO TO A..." ON PAGE 34, THIRD PARAGRAPH FROM THE BOTTOM, THIRD LINE THE WORD "EXCEE" BE CHANGED TO READ "EXCEED". ON PAGE 35, FIFTH PARAGRAPH, SECOND LINE, THE WORDS "THEY WOULD" BE DELETED. COMMISSIONER SIEBERT REQUESTED ON PAGE 12, FIRST PARAGRAPH, BE CHANGED TO READ AS FOLLOWS: "THE BOARD AGREED THAT THE COUNTY ADMINISTRATOR WRITE A LETTER TO MR. AND MRS. GAGNON EXPLAINING THAT ALL COUNTY REQUIREMENTS IN EXISTENCE AT THE REGULAR FILING OF THE PLAT MUST BE MET AND TO CAUTION BOOK e.283 THEM THAT NEW SUBDIVISION REGULATIONS HAVE BEEN ADOPTED AND THEY ARE MORE STRINGENT." COMMISSIONER SIEBERT REQUESTED ON PAGE 12, SIXTH PARAGRAPH, THIRD LINE READING" WILL BE CANCELLED." BE CHANGED TO READ "...WILL BE CONSIDERED FOR CANCELLATION," COMMISSIONER SIEBERT REQUESTED ON PAGE 13, AFTER THE EIGHTH PARAGRAPH, THE FINANCIAL STATEMENT OF ANDY'S SANITATION SERVICE, RICHARD MORRILL AND FRED MORRILL, BE MADE A PART OF THE MINUTES. THESE CORRECTIONS HAVING BEEN MADE A MOTION WAS MADE BY COM- MISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANI- MOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF WEDNESDAY, APRIL 9, 1975, AS WRITTEN. THE CHAIRMAN ASKED TF._THEREWERE.-ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF WEDNESDAY, APRIL 9, 1975; THERE WERE NONE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF APRIL 9, 1975, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF MONDAY APRIL 14, 1975; THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF APRIL 14, 1975, AS WRITTEN. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING PROCLAMATION. -12-- APR 2 31975 BOOK: • APR _231975 PROCLAMATION WHEREAS, on January 2, 1975, Governor Reubin O'D. Askew declared the week of April 27 to May 3, 1975 as BETA SIGMA PHI FRIENDSHIP WEEK; and WHEREAS, the spirit of friendship and the acts of service by BETA SIGMA PHI within Indian River County have been of untold value and within Indian River County that spirit continues to engender meaningful contributions by individuals and groups to the betterment of contemporary society; and WHEREAS, BETA SIGMA PHI, an International Organization for Women, in Indian River County has exemplified the ideals of friendship through service to others as well as through programs to develop greater cultural awareness; and WHEREAS, Indian River County will specifically benefit from the rededication by the members of BETA SIGMA PHI to its goals of service, friendship, and cultural advancement during BETA SIGMA PHI FRIENDSHIP WEEK; NOW, THEREFORE, BE IT PROCLAMED by the Board of County Commissioners of Indian River County, Florida, that the week of April 27 to May 3, 1975, will be BETA SIGMA PHI FRIENDSHIP WEEK and all Indian River Countians are urged to take cognizance of the fine work and efforts in the name of Friendship exhibited by the members of BETA SIGMA PHI. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FL IDA By Attest:,�41� i Alma Lee Loy, Chai a ph rris, C erk t 'eooK -22 p c1285 sr THE CHAIRMAN INFORMED THE BOARD OF EIGHT CITIZENS RECOMMENDED FOR APPOINTMENT TO THE GOVERNMENT STUDY COMMITTEE BY DAN RICHARDSON, CHAIRMAN OF THIS COMMITTEE. EACH OF THE COUNTY COMMISSIONERS PREPARED A LIST OF THEIR RECOM- MENDATIONS OF CITIZENS FOR APPOINTMENT TO THE COMMITTEE. THE LIST WAS THEN TURNED OVER TO MR. RICHARDSON WHO SELECTED EIGHT PEOPLE FOR APPOINTMEN' BY THE COUNTY COMMISSIONERS. THE FOLLOWING PEOPLE WERE RECOMMENDED BY'MR. RICHARDSON TO SERVE ON THIS GOVERNMENTAL STUDY COMMITTEE: SHERMAN N. SMITH, JR. - VICE CHAIRMAN MR. SMITH IS A PRACTICING ATTORNEY IN VERO BEACH; A FORMER STATE REPRESENTATIVE, APPELLATE JUDGE, AND COUNTY ATTORNEY. A. RICHARD TODD MR. TODD IS A RETIRED BUSINESS EXECUTIVE FROM ROCHESTER, NEW YORK. HE HAS BEEN ACTIVE IN VOLUNTEER WORK WITH THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD AND THE UNITED FUND. DR. HERMAN HEISE DR. HEISE IS PRESIDENT OF THE INDIAN RIVER COMMUNITY COLLEGE. J.B. EGAN III MR.EGAN IS ACTIVE IN THE VERO BEACH -INDIAN RIVER COUNTY CHAMBER OF COMMERCE AND WORKS IN THE CITRUS INDUSTRY. LOIS APPLEBY MRS. APPLEBY IS A STOCKBROKER WITH MERRILL, LYNCH, PIERCE, FENNER AND SMITH, INC. AND FORMER SECRETARY FOR CONGRESSMAN PAUL G. RODGERS, JR, RON HUDSON MR. HUDSON IS A COUNSELOR AT THE VERO BEACH JUNIOR HIGH SCHOOL AND IS PRESENTLY SERVING AS A COUNTY REPRESENTATIVE ON THE MANPOWER COUNCIL. JOHN GOULD MR. Gomm IS A LOCAL VERO BEACH ATTORNEY AND FORMER COUNTY ATTORNEY. LARRY HALL MR, HALL IS PRESIDENT OF THE SOUTHEAST BANK OF SEBASTIAN AND IS ASSOCIATED WITH THE SEBASTIAN RIVER MEDICAL CENTER. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE APPOINTMENT OF THE GOVERNMENT STUDY COMMITTEE AS RECOMMENDED BY CHAIRMAN DAN RICHARDSON. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RULES AND REGULATIONS FOR THE GOVERNMENT STUDY COMMITTEE. -14- APR 2 31975 2 PAGE206 RULES OF PROCEDURE GOVERNMENT STUDY COMMITTEE Section 1. ORGANIZATION. 1.1 The Committee shall consist of nine (9) members appointed by the County Commission. 1.2 The Government Study Committee shall have a Chairman as one of its members appointed by the County Commission and a Vice Chairman recommended by the Chairman and appointed by the Commission. 1.3 The officers and committee shall serve for a term of six (6) months following their first meeting, which meeting shall convene within 30 days from April 23, 1975, plus any extensions granted by the Indian River County Commission. 1.4 Vacancies in the Committee shall be filled by County Commission appointment for the balance of the term. 1.5 The Chairman shall preside at all meetinggs, appoint committees and meet with the County Commission to discuss procedures and policy. The Vice Chairman, in the absence of the Chair- man, shall preside at meetings and perform the duties of the Chairman. Section 2. MEETINGS AND PUBLIC HEARINGS. 2.1 Regular monthly meetings shall be called by the Chairman at least monthly, with notice of said meetings posted with the County Administrator's office at least five (5) days prior to the meeting. The time and place for regular meetings shall be established by the Chairman. 2.2 Special meetings may be called by the Chairman. Notice may be by mail or telephone. 2.3 Five (5) members shall constitute a quorum for a regular or special meeting to transact regular business. Any action taken shall require a majority vote of the members present. 2.4 The order of business at regular meetings shall be as follows: (a) Call to order. (b) Approval of minutes. (c) Business of the Committee. (d) Adjournment. 2.5 There shall be a recording secretary appointed by the County Commission, upon recommendation of the Committee Chairman, who shall take minutes and prepare minutes of actions and discussions that take place at each meeting. -15- APR 231975 toot 2- Pace287 2.6 The Chairman shall call at least two (2) public hearings during the life`of this Committee. 2.7 Action taken by the Committee shall be by motion duly made and seconded. Motions shall be restated by the Chairman before a vote is taken. 2.8 When a public hearing is held, any member may move for the public hearing to be closed, when it is felt that all people have been heard, and in his opinion the purpose of the public. hearing has been served. The purpose of this provision is to cut down on any lengthy, unnecessary rehashing of facts. 2.9 All members shall vote. 2.10 There shall be no representation or vote by proxy. 2.11 Parlimentary procedure at meetings shall be governed by Roberts Rules of Order Newly revised, 1970 edition, except that such rules may be waived by unanimous vote of the Committee. Section 3. COMMITTEES AND ADMINISTRATIVE PERSONNEL AND LEGAL ASSISTANCE 3.1 All subcommittees shall be appointed by the Chairman and the Chairman shall appoint the sub -committee Chairmen. 3.2 The activities of each sub -committee shall be limited to the matters assigned to it by the Chairman of the Committee. Each Chairman shall be prepared to give a report on its activities and progress when directed by the Chairman of the Committee. 3.3 The Chairman shall recommend and the County Commission approve that assistance, both legal and administrative, including appropriate budgets therefor, to effecutate the goals and purposes of the Committee. ff,. I. •r -I6-+_ r APR 231975 BOOK 22 ptIcr288 A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM— MISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN OF THE GOVERNMENT STUDY COMMITTEE TO EMPLOY SECRETARIAL HELP AS NECESSARY, THE BOARD AGREED THAT THE COUNTY ADMINISTRATOR'S. OFFICE WILL PROVIDE OFFICE SPACE FOR CLERICAL HELP FOR THIS COMMITTEE AND THAT THE COUNTY WILL PAY FOR ALL COPY WORK DONE ON MR, RICHARDSON'S XEROX MACHINE, VAL BRENNAN, PLANNING DIRECTOR, APPEARED TO DISCUSS WITH THE BOARD AUTHORIZATION TO OBTAIN MYLAR PRINTS OF THE TAX MAPS SO THAT AN OFFICIAL SET OF ZONING MAPS CAN BE MADE UP, HE CONTINUED THAT T4E COUNTY IS REQUIRED BY LAW TO HAVE A SET OF Z0'IING MAPS KEPT IN THE VAULT, HUNNICUTT & ASSOCIATES, INCi, THE COMPANY T9AT PREPARES MYLAR MAP TRACINGS FOR THE PROPERTY APPRAISER, HOMER FLETCHER, HAS QUOTED A PRICE OF $13,000 TO $42,009 TO DO WHAT THEYTHINK IS NECESSARY. 1R. BRENNAN IS SUGGESTING THAT REPRODUCIBLE MYLARS BE MADE FROM THE SET OF ATLAS PRINTS THE PLANNING DEPARTMENT NOW HAS. THE COUNTY ADMINISTRATOR SUGGESTED THAT THE !ATLAS PRINTS BE CHANGED SO THAT THEY ARE NOT A DUPLICATE OF THE MYLARS 1R. FLETCHER HAS, WE COULD ERADICATE FROM THE ATLAS PRINT AND ADD TO THE MYLAR, ta^ CON— TINUED THAT THESE ATLAS PRINTS ARE PUBLIC INFORMATION AND CAN BE PURCHASED FROM THE PROPERTY APPRAISERS OFFICE. AFTER DISCUSSION, A r'IOTION WAS MADE BY COMMISSIONER '40DTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE PLANNING DEPARTMENT TO MAKE REPRODUCIBLE MYLARS FROM THE TAX MAPS OR ATLAS PRINTS NOW IN THE POSSESSION OF THE PLANNING DEPARTMENT, PROVIDED THAT THE PROPERTY APPRAISERS INFORMATION IS ERADICATED FROM THESE MAPS PRIOR TO MYLARS BEING MADE, AND THE COST NOT TO EXCEED $1,500.00, 1R. FLETCHER _SHOULD BE ADVISED OF THIS, ON MOTION BY COMMISSIONER 1IASSEY, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR VAL BRENNAN, PLANNING DIRECTOR, TO ATTEND AN AMERICAN INSTITUTE OF PLANNERS CONFERENCE IN TALLAHASSEE, FLORIDA, ON MAY 1ST AND 2ND, 1975, THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM. THE ROCKRIDGE PROPERTY OWNERS ASSOCIATION, INC., REQUESTING THAT THE EXTERIOR OF THE ROCKRIDGE BUILDING BE PAINTED AND THE ROOF BE FIXED. APR 23 1475 -17- :289 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO REFER THIS REQUEST TO THE COUNTY ADMINISTRATOR FOR INVESTIGATION AND RECOMMENDATIONS, THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF ANOTHER REQUEST FROM THE ROCKRIDGE PROPERTY OWNERS ASSOCIATION, INC., FOR A FIVE -WAY STOP SIGN TO BE SET UP AT THE INTERSECTIONS OF ROCKRIDGE BLVD. (NORTH SIDE) AND 3RD COURT, AND ROCKRIDGE BLVD. (SOUTH SIDE) AND 3RD COURT TO POSSIBLY SLOW THE FLOW OF TRAFFIC AND ELIMINATE ACCIDENTS, AT THE PRESENT TIME THERE ARE FOUR STOP SIGNS IN THIS AREA, AFTER DISCUSSION, A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO INVESTIGATIZTHIS WITH THE IDEA OF PUTTING A STOP SIGN ON ONE OF THE INTERSECTING STREETS, BUT NOT SETTING UP A FOUR OR FIVE -WAY STOP SIGN. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM THE ROSELAND VOLUNTEER FIRE DEPARTMENT, INC. REQUESTING COUNTY APPROVAL TO REPAIR THEIR FIRE TRUCK. ATTORNEY BURCH SUGGESTED THAT THE COUNTY ADMINISTRATOR HAVE CONVERSATION WITH INDIAN RIVER FARM SUPPLY INFORMING THEM THAT SINCE THIS TRUCK HAS ONLY 1,400 MILES, WE FEEL THEY SHOULD BE WILLING TO REPAIR IT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIOER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO HAVE THE ROSELAND VOLUNTEER FIRE DEPARTMENT FIRE TRUCK REPAIRED AT THE COUNTY'S EXPENSE, PROVIDED, HOWEVER, THAT THIS WAS NOT A BUDGETED ITEM. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A HARDSHIP CASE OF MRS, BRATCHER WHO WISHES TO PLACE A MOBILE HOME ON HER PROPERTY, MRS. BRATCHER OWNS TWO ACRES OF PROPERTY OFF NORTH GIFFORD ROAD, AND SHE WOULD LIKE TO PLACE A MOBILE HOME ON ONE ACRE, THE PROPERTY IS NOT ON A PAVED OR DEDICATED RIGHT-OF-WAY, BUT DOES HAVE AN EASEMENT TO ALLOW INGRESS AND EGRESS. A MOTION WAS MADE BY COMMISSIONER MASSEY, SECONDED BY COM- MISSIONER SIEBERT TO GRANT THIS SPECIAL EXCEPTION TO THE ZONING ORDINANCE. -18- APR 2 31975 9 DEWEY WALKER, ZONING DIRECTOR, STATED THAT MRS, BRATCHER HAS OWNED THIS TWO ACRE PARCEL SINCE 1972, THERE IS A HOME ON ONE ACRE, AND MRS$ BRATCHER IS REQUESTING APPROVAL TO PLACE A MOBILE HOME ON THE OTHER ACRE OF PROPERTY, SHE WILL LIVE IN THE MOBILE HOME AND RENT THE HOUSE FOR INCOME, THIS PROPERTY IS PRESENTLY ZONED FOR RESIDENT MOBILE HOME. THE BOARD DISCUSSED THIS SITUATION AND STATED THAT YOU CAN ONLY PUT ONE RESIDENCE ON ONE PARCEL OF PROPERTY. IN ORDER TO PUT TWO UNITS ON ONE PARCEL YOU MUST SUBDIVIDE THE PROPERTY. THE BOARD SUGGESTED MRS, BRATCHER APPEAR BEFORE THE VARIANCE BOARD, COMMISSIONER MASSEY WITHDREW HIS MOTION AND COMMISSIONER SIEBERT WITHDREW HIS SECOND, COMMISSIONER SCHMUCKER STATED THAT HE, RALPH LUNDY, JERRY Cur•1MINGS, AND JACK JENNINGS WENT TO .JACKSONVILLE AND MET 'IITH OFFICIALS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THEY REVIEWED THE COUNTY'S APPLICATION FOR DISCRETIONARY COMMUNITY T1EVELOPMEI T BLOCK GRANT FUNDS UNDER THE COMMUNITY DEVELOPMENT ACT OF 1974, AND THEY MADE NO CHANGES, THE PICTURES SUBMITTED WERE KEPT AND WILL DE SUBMITTED IN. THEIR FULL PRESENTATION, ATTORNEY BURCH LEFT THE MEETING AT 19:II5 O'CLOCK A.M. ATTORNEY COLLINS INFORMED THE BOARD THAT AT THE OCTOBER 211, 1973 MEETING THE BOARD APPROVED A SEWER AND WATER FRANCHISE FOR GULF ° "ESTERN FOOD PRODUCTS COMPANY, A DIVISION OF GULF & WESTERN INDUSTRIES, INC., BUT THE NECESSARY RESOLUTION WAS NOT COMPLETED. ATTORNEY COLLINS STATED THAT THE RESOLUTION IS NOW COMPLETED AND SHOULD BE MADE A PART OF THESE MINUTES. -19- APR 2 31975 BOOK P4 291 RPR 231975 RE S GLUT f ON No. 75-20 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION I This Resolution shall be known and may be ,cited as the "Gulf + Western Food Products Company, a Division of Gulf + Western Industries, Inc. Sewer and Water Franchise". SECTION II For the purpose of this Resolution, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future; words in the plural number. include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this franchise, that is, Gulf + Western Food Products Company, a div- ision of Gulf + Western Industries, Inc., a Delaware Corporation authorized to do business in Florida. (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. (e) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality ' as the same is more particularly defined and described herein. (f) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, laterals, valves, meters, plant, wells, pipes, tanks, reservoirs, systems, facility or other property, real or personal, used or. useful or having the present capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry and without BOON 22 PAGf 29.2 limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (g) "Sewer System" is any plant, system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, purification or disposal of sewage and sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping. stations, intercepting sewers, pressure lines, mains, laterals, and all necessary appurtenances and equipment and shall include all property rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation. thereof. SECTION III There is hereby granted by the County to the Company to non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and a sewer system either or both within the prescribed territory as herein provided and for these purposes to sell and distribute water and to collect and dispose of sewage within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided, however, that the. County -reserves the right to permit the use of such public places for any and all other lawful purposes and subject always to the paramount right to the public in and to such public places. j. APR 2 31975 r� -2- SECTION IV The territory in which this franchise shall be applicabl is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: The East 1/2 of Tract: 1239, Tracts 1240, 1241, 1242, 1243, 1250, 1251, 1252, 1253, 1254, 1340, 1341, 1342, 1343, 1350, 1351, 1352, 1442, 1443, ALL IN Fellsmere Farms Company Sub- division of all unsurveyed part of Township 31S, Range 37E according to plat recorded in Platl,00k 2, pages 1 and 2, St. Lucie County records, said lands now lying in Indian River County, Florida. SECTION V The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTION VI It is expressly understood and agreed by and between the Company and the County that the Company shall save the County and members of the Board harmless from any loss substained by the County on account of any suit, judgment, -execution, claim or demand whatsoever resulting from negligence on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construc- tion of this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted -3- APR 2 3 1975 BOOK PAGE294 directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. SECTION VII The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or any be setforth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work performed and to make such inspections as it shall find necessary to insure compliance with all governing regulations. SECTION VIII All the facilities of the Company shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and the quantity and quality of water delivered and sold and the manner of collection and disposal of sewage shall at all times be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Board of Health. The Company may maintain sufficient water pressure and mains of sufficient size with fire hydrants and other facilities necessary to furnish fire pretection at any and all areas within the territory serviced by the Company. The Company may also supply all water through meters which shall accurately measure the amount -4- f APR 231975 eaox P&c 295 APR 2 31975 of water supplied to any consumer. The Company shall at any time when requested by a consumer make any meter; prior, however, to any test a test of the accuracy of being made by the Company, the sum of Five Dollars ($5.00) shall be deposited with the Company by the party requesting such test. returned if the test shows the meter td be Such sum shall be inaccurate in its delivery. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Company shall do so at such times as will cause the least amount of convenience to its consumers and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to its consumers. SECTION IX (a) The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. (b) At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is taken by the Board of County Commissioners can request said Board that a group of arbitrators and such group shall consist of: 1. County Engineer 2. Company Engineer 3. One person selected by the two above named persons be appointed, and this Board of Arbitrators shall make recommendations 3b( to the PAGE296 Board of County Commissioners, but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, can be appealed to the Circuit Court of Indian River County by either party. SECTION X All pipes, mains, hydrants, valves and othr fixtures laid or placed by the Company shall be so located in the public places in the County so as not to obstruct or interfere with any other uses made of such public places already installed. The Company shall whenever practicable avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall at its own cost and expense and in a manner approved by the County Engineers, replace and restore all such surface so disturbed in as good condition as before said Rork was commenced and shall maintain the restoration in an approved condition for a period of one year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such public way, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the. Company shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Company thereto; provided, however, in the event of this termination of easement, the person requesting such termination shall pay to the Company, in advance, its costs of removal and 'S } APR 23 1975 6 •1' ,fig _,.. f297 APR 231975 relocation of the removed facilities in order to continue its service as theretofore existing, oz. the County shall retain an easement not less than ten feet in width for the benefit of the Company and its facilities. SECTION XI The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consumer coming within such classification would be entitled. SECTION XII (a) The Company shall furnish, supply, install and make available its public water system and its public sewer system to any and all persons within the territory making demand therefor, and shall provide such demanding person with its services and facilities within one year from the date of such demand; provided, however, that the Board may, upon application of the Company, extend the time for providing such service to such demanding person. In the event the Company fails to provide its services and facilities either as to a water system or sewer system or both to any area within the territory within the time provided, then in such event the County may by resolution of the Board limit, restrict and confine the territory to that area then being serviced by both water and sewer by the Company or such greater area as the Board shall determine and thereafter the territory shall be only the area set forth, defined and provided by the Board and the provisions of this franchise shall not extend beyond the limits of the area so restricted and defined. (b) The Company shall not be required to furnish, supply, install and make available its public water system or its BOOP( 2 public sewer system or both to any person within the territory as hereinbefore set forth, unless the same may be done at such a cost to the Company as shall make the addition proposed financially feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all its services under this franchise; that such rate will produce to the Company a sum sufficient to meet all necessary costs of the services, including a fair rate of return on the net valuation of its property devoted thereto under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Company, SECTION XIII The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board, and provided further that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Company to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more than one month nor less than one week precedingsuch hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter ). APR 23 1975 S ak be continued from time to time as determined by the Board. The consent by the Board to any assignment of this franchise shall not unreasonably by withheld. SECTION XIV The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all nec- essary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under effi- cient and economical management. The Company agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent juris- diction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect, but not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to wit: FRANCHISE RATES AND HOOKUP CHARGES $2.50 per month for water $2.50 per month for sewer Hookup charges - water and sewer - $5.00 each -9- APR 2.3 1975 SECTION XV The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data accounting, financial, statistical, consumer and service records relating to the property and the operation of the Company and to all other records required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION XVI The Company shall at all times maintain public liability and property damage insurance in such amounts as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Company. If any person serviced by the Company under this franchise complains to the Board concerning the rates, charges and/or operations of such utility and the Company, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy the Board that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint Or objection and the Board may review the rates and charges set and charged by the Company for the service it furnishes or the quality of services furnished. If the Board enters its order pursuant to such hearing and the Company feels it is aggrieved by such Order, the Company may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Company shall promptly comply with the order of the Board. 10- APR 231975 i3761( 22 fA E3Qi SECTION XVII Should the Company desire p, establish sewer rates and charges or should the.Company desire to increase any charges eretofore established and approved by the Board, then the ompany shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. A public gearing shall then be held on such request, of which notice shall '.e given by publication in a newspaper regularly published in said County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of ublication of such notice shall be filed with the Board. Said earing may thereafter be continued from time to time as determined by the Board. If the Board enters an order pursuant to such hearing and the Company or any person feels aggrieved i•y such order, then the Company or such person may seek review •f the Board's action by proceeding in the Circuit Court of e County. SECTION XVIII Prior to the Company placing any of its facilities in ny of the public places as herein authorized, the Company shall ake application to and obtain a permit from the County Engineer uthorizing said construction in the same manner as permits are uthorized in the County for the use of the public roads as shall ow or hereafter be established by regulations of the County. e County shall have the right when special circumstances exist o determine the time in which such construction shall be done. SECTION XIX If the Company fails or refuses to promptly and faithfull eep, perform and abide by each and all of the terms and conditions f this franchise, then the Board shall give the Company written otice of such deficiencies or defaults and a reasonable time ithin which the Company shall remedy the same, which notice hall specify the deficiency or default. If the Company fails - 11- 4"'22 1 — APR 23 1975 BOOK Aye:_ to remedy such deficiency or default within the time required by, the notice from the Board, the $oard may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Company and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Company or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's. action by proceedings in the Circuit Court of the County. SECTION XX Any person using in normal average consumption more than 100,000 gallons of water per day shall not be required to deal with the Company but any such water user shall be at liberty to secure its water from such source or sources as it might desire. This franchise shall exempt and except therefrom any public agency producing water for resale at wholesale. Nothing in this franchise shall prevent landowners from exercising their vested rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. SECTION XXI The franchise and rights herein granted shall take effec and be in force from and after the time of the adoption of this resolution by the Board and -shall continue in force and effect for a term of forty years after such adoption; provided, however, that within sixty days from the time of the adoption of this resolution, the Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provided further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. - 12 - APR 2 3 197 OK PA C{;3O3 SECTION XXII. The franchise and rights herein granted shall take effec and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may install or acquire its own sewerage collection and treatment system and its water distribu- tion and treatment system and supplies the same to individual customers. At this time the Company will convey all of its facil- ities (except for sewer treatment plant and water treatment plant) and easements for location of same as the Company may own, to said County without charge, provided, however, that within sixty days from the time of the adoption of this resolution the Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provided further that if such acceptance is not filed within the time specified then the provisions of this franchise shall be null and void. SECTION XXIII If any word, section, clause or part of this resolution is held invalid, siich portion shall be deemed a seperate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of October County Commissioners adopted on the 24th day of , A.D., 1973 . COUNTY OF INDIAN RIVER, FLORIDA Signed, sealed and delivered By • L/�?�� of: Z ,.14 As Chairman of the Bord of County Commissioners in the presence A to APR 23 1975 • 46„,j6 th parties Attest 13 Ralph F[ ris Clerk RbNK' pQ Cr304 ACCEPTANCE OF FRANCHISE GULF + WESTERN FOOD PRODUCTS COMPANY, a division of GULF + WESTERN INDUSTRIES, INC., a Delaware Corporation authorized to do business in Florida, does hereby.accept the foregoing franchise, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this day of � , �, ,,-, , 1975. WITNESSES: GULF + WESTERN FOOD PRODUCTS CO., a division of GULF.-& WESTERN IND., INC., a Delaware Corporation By: Jose F. Valdivia, Sr. Senior Vice/President STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowl- edgements, personally appeared—lose as an officer of GULF + WESTERN FOOD PRODUCTS COMPANY, a division of GULF + WESTERN INDUSTRIES, INC., a Delaware Corporation, and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official in the State and County aforesaid this day of �e �, f ucr — , 1975. (SEAL) APR 2 31975 Notary Pub -lit, State of F.ori at Large My Commission expires: Notary Public, State of Florida at Large My Commission E.pl,cs D.c. 3, 1476 Bonded by American Fire & Casualty Co. Pook Pau 305 ATTORNEY COLLINS INFORMED THE BOARD OF A LETTER FROM THE DIVISION OF HEALTH AND REHABILITATIVE SERVICES REQUffSTING THE BOARD TO WAIVE, BY RESOLUTION, THE STATE PAYING TAXES ON THE FIRST OFFENDER PRISON PROPERTY STARTING WITH THE YEAR 1974. THIS PROPERTY WAS PURCHASED BY THE STATE IN 1974. ATTORNEY COLLINS STATED THAT THERE IS A STATUTE THAT PROVIDES, BY RESOLUTION, THE BOARD CAN WAIVE TAXES ON PROPERTY THAT IS OWNED BY THE STATE AND USED FOR PUBLIC PURPOSES. IT IS HIS RECOMMENDATION THAT THE COMMISSIONERS WAIVE PAYMENT OF TAXES FOR 1975, BUT NOT FOR 1974. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY.COMMISSIONER SIEBERT. THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ATTORNEY TO PREPARE A RESOLUTION IN ACCORDANCE WITH STATUTE 196-28 DISCHARGING THE STATE FROM LIENS FOR THE YEAR 1975 AND AS LONG AS THE PROPERTY REMAINS IN THE OWNERSHIP OF THE STATE. ATTORNEY COLLINS INFORMED THE BOARD OF A REQUEST FROM DR. H.L. SCHOFIELD, JR., DISTRICT MEDICAL EXAMINER - DISTRICT 19, THAT HIS MALPRACTICE INSURANCE BE INCREASED FROM $300,000. TO $1,000,000. HE STATED THAT CHAPTER 406.16 OF THE FLORIDA STATUTES OF 1969 STATES THAT THE COUNTY WILL PROVIDE PROFESSIONAL LIABILITY INSURANCE FOR THE DISTRICT MEDICAL EXAMINER. THE BOARD AGREED TO REFER THIS REQUEST TO THE COUNTY ATTORNEY TO CORRESPOND WITH DR.SCHOFIELD, REQUESTING HIM TO SHOW JUSTIFICATION AS TO WHY HIS COVSRAGE SHOULD BE INCREASED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING LETTER BEING MADE A PART OF THESE MINUTES. APR 231975 `} y -34 N4GE306 APR 231975 ROSEMARY RICHEY SUPERVISOR OF ELECTIONS VERO BEACH • FLORIDA 32960 Indian River County Board of County Commissioners March 12, the Chairman of the Board of County Commissioners of Seminole County contacted our Board in regard to ex- changing even, fifteen 2.5 Shoup voting machines to us for our fifteen -3.2 models. They made the same offer to Escambia County for fifty machines. I checked the machines in Seminole County on March 17 and came back to recommend that we make this exchange for fifteen of their machines of the 40,000 series. Before we could make final confirmation the Escambia County Attorney contacted Seminole County stating they would make the exchange but specifying the series numbers of the machines. These included all of the 40,000 series leaving only the older machines. Due to the developements stated above 1 now recommend that we do not make the exchange. Rosemary Rj�che Supervif'or of ections Indian River C unty -35- P^ 307 THE BOARD REQUESTED THE FOLLOWING LETTER BEING MADE A PART OF THESE MINUTES. OPP166 OP Mt MAYOR . City of Vero Beach 1033.20th PLACE VERO BEACH, FLORIDA - 32960 T43.zc 567-5131 April 16, 1975 • Alma Lee Loy Chairone of the County Commission 1425 - 20th Street Vero Beach, Florida 32960 Dear Alma Lee, At the regular meeting of the City Council last night, the subject of acquiring two additional beachfront lots was discussed. At that time the Council listened to comments by several residents of the area and concerned taxpayers, all of whom expressed their strong objections to this proposed expenditure. In response to the overwhelming negative reaction of these citizens, the Council has instructed me to notify the County Commission that the City of Vero Beach contemplates 210 further action toward acquisition of .these lots. We ap- preciate very much the County's action to contribute $62,500 toward purchase of these lots. Please express the City's gratitude to the members of your Commission for this offer. David -Gregg DG:rbw:cp ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED THAT IN VIEW OF THE FOREGOING LETTER, THE OFFER TO PURCHASE BEACHFRONT PROPERTY JOINTLY WITH THE CITY OF VERO BEACH BE WITHDRAWN. -36- APR 23 1975 BOOK THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J.' J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being __—in the matter of 1 L-4. �—� _ - `— _.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. Sworn to and subscribed before me this _- -. - (SEAL) APR 23`1975 of _%:J ::._ _ A.D. / I )_ (Business'"Manager) . (Clerk of thircuit Court, Indian River County, Florida) NOTICE OF PUBLIC HEARING The Board of County Com- missioners of Indian River County, Florida, will, a. the 23rd day of April, 1975, at 11:00 A.M. in the Board of County Commissioners Room at the Indian River County Our? House, Vero Beach, Indian River County, Florida, consider granting an exclusive franchise for forty (40) years to: RALMAR ASSOCIATES, INCORPORATED 3003 Cardinal Drive Vero Beach, Florida, 32960 to erect, construct, operate and maintain a sewer system within all that part of Indian River County, Florida, located within the following -described boundary tines, to -wit: The South 300 feet of the North 700 feet of Government Lot 1, Section 16, Township 33 South, Range 40 East, Indian River County, Florida. Franchise rates and hook-up charges will be as follows: 58.50 per month per unit for kitchen and one bathroom; additional $4.00 per month for each additional bathroom or laundry or toilet having 8 connection, directly or In- directly, to Owner's sewer lines. 5600.00 for sewer hook-up charge. Parties In interest and citizens will be heard by the Board at said Public Hearing. DATED this 9th day of April, 1975. Board of County Commissioners Indian River County Florida By: -s -Alma Lee Loy Chairman Date: April 8, 1975 .By: -s -Jack G. Jennings Apr. 13, 1975. ROBERT JACKSON, ATTORNEY REPRESENTING RALMAR ASSOCIATES, INC. APPEARED STATING THAT THIS PUBLIC HEARING HAS BEEN SCHEDULED RELATIVE TO THE APPROVAL OF A SEWER FRANCHISE FOR TREASURE COVE SUBDIVISION AND MADE HIS PRESENTATION. MICHAEL VREDENBURG APPEARED STATING THAT HE LIVES EAST OF THIS SUBDIVISION AND IS REQUESTING THAT=HiS..PROPERTY BE CONSIDERED IN_THE BOUNDARIES OF THIS FRANCHISE. MR. VREDENBURG WAS INFORMED THAT.HE SHOULD SPEAK WITH RALMAR ASSOCIATES, INC. TO SEE IF THEIR BOUNDARIES COULD BE EXTENDED TO INCLUDE HIS PROPERTY. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK; THERE WERE NONE. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THEE OARD UNANIMOUSLY APPROVED A SEWER FRANCHISE FOR TREASURE COVE SUBDIVISION AND ADOPTED RESOLUTION N0.75-21. 37- CY FOB FACE 309 APR 23 1975 RESOLUTION NO. 75-21 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This Resolution shall be known and may be cited as the "TREASURE COVE SUBDIVISION SEWER FRANCHISE." SECTION 2 For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present terms include the future; words in the plural number include the singular and vice versa. The word"shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida; (b) "Owner" is the Grantee of rights under this franchise, that is, RALMAR ASSOCIATES, INCORPORATED; (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Util- ities Department; (e) "Person" is any person,firm, partnership, as- sociation, corporation, company or organization of any kind; (f) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more particularly defined and de- scribed herein; (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force BOOK P[30 mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or re- ceiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is provid- ing or proposes to provide water or sewer service to the pub- lic. SECTION 3 There is hereby granted by the County to the Owner the exclusive franchise, right and privilege to erect, con- struct, operate and maintain a sewer system within the pre- scribed territory as herein provided and for these purposes to sell sewage collection and treatment services within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided,'how- ever, that the County reserves the right to permit the use of such public places for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be ap- plicable is all that part of Indian River County, Florida, lo- cated within the following -described boundary lines, to -wit: The South 300 feet of the North 700 feet of Government Lot 1, Section 16, Town- ship 33 South, Range 40 East, Indian River County, Florida. SECTION 5 The Owner shall at all times during the life of this franchise be subject to all lawful exercise of the police pow- er and regulatory authority of the County and to such regula- tion as the County shall hereafter by resolution or ordinance -2- APR 23 1975 :2.4:PAGE311 provide. SECTION 6 It is expressly understood and agreed by and between the Owner and the County that the Owner shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligences on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the con- struction of this section, the claim of any person resulting from negligence on the part of the Owner may be prosecuted directly by such person against the Owner as if no government- al immunity accrued to the County by virtue of the Owner's use of a public place of the County. The County shall notify the Owner promptly after presentation of any claim or demand. SECTION 7 The Owner shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. Additionally, the Owner shall comply with all requirements of the Department of Health and Rehabilitative Services, Division of Health, the Department of Pollution Con- trol, The Indian River County Utilities Department, and approp- riate planning agencies relative to construction, design, oper- ation, capacity, maintenance and expansion. The right is here- by reserved to the County to adopt, in addition to the provi- sions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work -3- APR 23 1975 ooK: 22 PACE312 performed and to make such inspection as it shall find neces- sary to insure compliance with all governing regulations. Up- on the termination of this franchise, the Owner shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant there- to lying within Indian River County without charge to the County. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event, the Owner agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all of the property, as- sets and facilities of the Owner without charge used in its ser- vices under this franchise. SECTION 8 The Owner shall commence construction of its sanitary sewer treatment and collection system within six (6) months from date, otherwise the franchise created hereby may become void and of no further force and effect at the option of the Board. All the facilities of the Owner shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and The Indian River County Utilities Department, and the quantity and quality of sewage treatment shall, at all times, be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Board of Health. Whenever it is necessary to shut off or interrupt services for the purposes of making repairs or installations, the Owner shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unforeseen and im- mediately necessary, it shall give reasonable notice thereof to its customers. SECTION 9 (A) The Owner shall have the authority to promulgate -4- of - APR 23 1975 BOOK .?AGE 313 r such rules, regulations, terms and conditions covering the con- duct of its business as shall be reasonably necessary to enable the Owner to exercise its rights and perform its obligations under this franchise, and to issue an uninterrupted service to such and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in con- flict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. (B) At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is taken by the Board of County Commission- ers, can request said Board that a group of arbitrators be auth- orized to determine such discretionary action and such group shall consist of: 1. The Board's Consulting Engineer; 2. The Company Engineer; and 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted shall make recommendations to the Board of County Commissioners but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, may be appealed to the Circuit Court of Indian River County, Florida, by either party. SECTION 10 All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Owner shall be so located in the public places in the County as not to obstruct or inter- fere with any other uses made of such public places already in- stalled. The Owner shall, whenever practicable, avoid inter- fering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway, or other sur- facing, the Owner shall, at its own cost and expense and in a v -5- manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an ap- proved condition for a period of one year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such pub- lic way, the Owner shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Owner shall not locate any of its facilities nor do any con- struction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Owner shall have located its facilities shall be closed, abandoned, vacated or discontinued, -the Board may terminate such easement or license of the Owner thereto, provided, however, in the event of this termination of easement, any person, except the County, request- ing such termination shall pay to the Owner, in advance, its costs of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Owner and its facilities. SECTION 11 The Owner shall not, as to rates, charges, services, facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that noth- ing herein shall prohibit the establishment ofa graduated scale of charges and classified rate schedule to which any consumer. coming within such classification would be entitled. SECTION 12 (A) The Owner shall furnish, supply, install and make available its sewer collection and treatment system to any and all persons within the territory making demand therefor, and -6- . shall provide such demandingperson with its services and facil- ities within 90 days from the date of such demand; provided, how- ever, that the Board may, upon application of the Owner, extend the time for providing such service to such demanding person. In the event the Owner fails to provide its services and facia ities to any area within the territory within the time provided, then in such event, the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by the Owner or such greater area as the Board shall determine and thereafter the territory shall be the only area set forth, defined and provided by the Board and the pro- vision of this franchise shall not extend be3and the limits of the area so restricted and defined. (B) The Owner shall not be required to furnish, sup- ply, install and make available its sewer collection and treat- ment system to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Owner as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Owner for all the services under this franchise, to the end, that such rate will produce to the Owner a sum sufficient to meet all necessary costs of the services; including a fair rate of return on the net valuation of its property devoted thereto, under efficient and economical management. The burden of showing that a pro- spective service to the area is not financially feasible shall be the burden of the Owner. SECTION 13 The Owner shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board and provided, fur- ther, that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with -7- APR 231975 :X "22 ;.AGE 3116 the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agree- ing to perform all of the conditions thereof. In any event, this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Owner to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifi- cations of the proposed transferee and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove such sale or trans- fer within ninety (90) days from the date of said public hear- ing. The consent by the Board to any assignment chise shall not be unreasonably withheld. SECTION 14 The rates charged by the Owner for its of this fran- service here- under shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under efficient and economical management. shall be subject to all authority now by the County or any other regulatory isdiction to fix just, reasonable and The Owner agrees that it or hereafter possessed body having competent jur- compensatory rates. When this franchise takes effect, the Owner shall have authority to charge and collect not to exceed the following rates: 1. SEWER CHARGE. $8.50 per month per unit for kitch- en and one bathroom; an additional $4.00 per month for each ad- d - S- -8- APR 231975 nrik- CE:31 7 GE:317 ditional bathroom or laundry or toilet having a connection, directly or indirectly, to Owner's sewer lines. 2. SEWER HOOK-UP CHARGE. The Owner shall charge and collect from each owner or occupant of all individual res- idences, condominium esidences,'condominium units, cooperative apartments, or other structure or premises connecting with the Owner's sewer system a connection charge. Such connection charge shall be in the amount of $600.00. Provided, however, that the Owner does not contemplate charg- ing for sewers at this time. Owner's rates shall, at all times, be subject to the review and approval of Indian River County's Board of County Commissioners and no change may be made by Owner on the basis of its rates without first making application therefor and public hearing thereon. SECTION 15 shall have access at all reasonable hours plans, contracts, engineering data, ac - statistical, consumer and service records The County to all of the Owner's counting, financial, relating to the property and the operation of the Owner and to all other data required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION 16 The Owner shall at all times maintain public liability and property damage insurance in such amounts as shall be re- quired from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Owner. The County shall be named as an addi- tional insured on all such policies of insurance. If any per- son serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such util- ity and the Owner, after request is made upon them by the Board, -9- APP 2.31975 eDax :.:22 PA 'E318 fails to satisfy or remedy such complaints or objections or fails to satisfy the Board that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objec- tion and the Board may review the rates and charges set and charged by the Owner for the services which it furnishes or the nature and character of the service it furnishes or the quality of services furnished. If the Board enters its order pursuant to such a hearing and the Owner feels it is aggrieved by such order, the Owner may seek review of the Board's action by pro- ceedings in the Circuit Court of the County; otherwise, the Owner shall promptly comply with the order of the Board. SECTION 17 Should the Owner desire to increase any charges here- tofore established and approved by the Board, then the Owner shall notify the Board in writing, setting forth a schedule of rates and charges which it proposes. A public hearing shall be held on such request, of which notice shall be given by pub- lication in a newspaper least one time not more preceding such hearing. regularly published than one month, nor Certified proof of such notice shall be filed with the Board. in said County at less than one week publication of Said hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove said in- crease in rates within ninety (90) days of said public hear- ing. -If the Board enters order pursuant to said hearing and the Owner or any person feels aggrieved by such order, then the Owner or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 18 Prior to the Owner's constructing any of its facil- ities as herein authorized, the Owner shall make application to and obtain a permit from the Indian River County Utilities -10- . APR 23 1975 gook 39 APR 23 1975 Department authorizing. said construction. The County shall have the right when special circumstance's exist to determine the time in which such construction shall be done. SECTION 19 If the Owner fails or refuses to promptly and faith- fully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Owner written notice of such deficiencies or defaults and a reasonable time within which the Owner shall remedy the same, which notice shall specify the deficiency or default. If the Owner fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may there- after schedule a hearing concerning the same with reasonable notice thereof to the Owner and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons therefor are found by the Board. If the Board enters order pursuant to such hearing and the Owner or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 20 The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County or the City of Vero Beach, a municipal corporation of the State of Florida, within the territory of this franchise, may install or acquire its own sewerage collection and treatment system and supplies the same to individual customers at which time, Company will convey all of its facilities (except for -sewer treatment plant) and ease- ments for location of same as Company may own, to said County 20 rw. BOOK :. .`: AG[: f APR 231975 or City without charge; provided, however, that within sixty days from the time of the adoption of this resolution, the Company shall file with the Board its written acceptance of this fran- chise ranchise and all of its terms and conditions and provide further that it such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SECTION 21 If any word, section, clause or part of this reso- lution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the re- mainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chair- man of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the Reso- lution of the Board of County Counuissioners adopted on the 23rd day of April, 1975. COUNTY OF INDIAN RIVER, FLORIDA BY A7 G�� L!.r/�, G _, Alma Lee Loy, as Lna man of the Board of County Comm ssioners Attest Ralph Harris, Clerk Signed, sealed and delivered in the presence of: o both parties ACCEPTANCE OF FRANCHISE RALMAR ASSOCIATES, INCORPORATED does hereby accept the foregoing franchise, and for itself and its successors and/or assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions -12- aori P4 Cf 321 therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this o7e day of Signed, sealed and delivered in the presence of: as to bot parties STATE OF FLORIDA COUNTY OF INDIAN RIVER , 1975. RALMARASSOCIATES, I RPORATED By (,u.1 0 - William C. Brown, P�esident Attest'---/` C Mark C. Falb,Secretary I HEREBY CERTIFY that on this day before me, an of- ficer duly qualified to take acknowledgments, personally ap- peared WILLIAM C. BROWN, as President, and MARK C. FALB, as Secretary, respectively, of RALMAR ASSOCIATES, INCORPORATED, and they acknowledged to and before me that they executed the foregoing instrument for the purposes therein expressed by authority vested in them by said corporation, and that the impression seal affixed hereto is the true seal of the corpor- ation. WITNESS my hand and official seal in the State and County aforesaid this Ot day of April, 1975. APPROVED AS TO FORM: c�- LPR 23 1975 /. {flit k 1 Notary Public, State of Florida at Large. My Commission Expires: •/.. _,77 ounty Attornel /4"‘'N -13- ' 1.414, BOOK' aGE 322 WILLIAM COBB, ATTORNEY REPRESENTING HIS BROTHER FRED COBB APPEARED REQUESTING A SPECIAL EXCEPTION TO THE ZONING ORDINANCE IN ORDER TO BUILD A HOME ON HIS 10 ACRES OF PROPERTY THAT DOES NOT BORDER ON A PUBLIC RIGHT- OF-WAY. ATTORNEY COBB STATED THAT HIS BROTHER HAS OWNED THIS PROPERTY SINCE 1970, WHICH IS LOCATED IN THE AREA OF LINDSEY ROAD BETWEEN KINGS HIGHWAY AND LATERAL A. THIS PROPERTY IS PRESENTLY ZONED R-1, SINGLE FAMILY DISTRICT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO THE ZONING ORDINANCE TO FRED COBB, AS REQUESTED BY ATTORNEY COBB, )• APR 2 3 1975 -51- Zic:'*22 tAGE-32-8 GORDON .JOHNSTON, ATTORNEY TO THE TOWN COUNCIL OF THE TOWN OF INDIAN RIVER SHORES, BILL DUPPER, TOWN COUNCILMAN AND MAYOR ROLAND MILLER APPEARED REQUESTING MONETARY HELP IN RELATION TO EQUIPPING THE PROPOSED FIRE STATION THAT THE TOWN IS IN THE PROCESS OF BUILDING, ATTORNEY JOHNSTON INFORMED THE BOARD THAT THE TOWN WOULD LIKE TO HAVE A DEFINITE COMMITMENT FROM THE COUNTY REGARDING THE FUNDING OF THIS FIRE STATION AND STATED THAT THE TOWN COULD TAKE LEGAL ACTION IF THE COUNTY DID NOT MAKE THIS COMMITMENT. THE LEGAL ACTION REFERS TO THE FACT THAT THE TOWN COUNCIL HAD DISCUSSED THE ISSUE OF DOUBLE TAXATION WITH THE COUNTY COMMISSIONERS STATING THAT THE TOWN RESIDENTS RECEIVE NO BENEFITS FROM COUNTY TAX DOLLARS THAT GO INTO THE BUDGETS OF THE FOLLOWING DEPARTMENTS: FIRE CONTROL, PLANNING, BUILDING, CONING, AGRICULTURAL AGENT AND HOME ECONOMISTS. MR. DUPPER STATED THAT THE FIVE AREAS OF DUAL TAXATION AMOUNTS TO $50,000.00 AND THAT AMOUNT COULD BE USED BY THE COUNTY TO PURCHASE FIRE EQUIPMENT FOR THE TOWN. ATTORNEY JOHNSTON STATED THAT IN THE TOWN OF INDIAN RIVER SHORES THERE ARE PROPOSED BUILDING PERMITS TO DATE AMOUNTING TO APPROXIMATELY $2,373,000.; IN THE CITY OF VERO BEACH $1,128,000; AND IN THE COUNTY $:2,6Z►00( AND THAT CONSTRUCTION IN THE TOWN OF INDIAN RIVER SHORES IS 62.5% OF ALL CONSTRUCTION WITHIN THE COUNTY. COMMISSIONER WODTKE STATED THAT HE FEELS THAT THE TOWN OF INDIAN RIVE SHORES WILL BE ENTITLED TO THEIR FAIR SHARE OF MONEY, BUT NOT BECAUSE OF THE WEDGE THAT THEY ARE TRYING TO PUT IN ON THE DUAL TAXATION. HE CONTINUED THAT THE TOWN HAS STATED THAT THEY WOULD BE ABLE TO SERVE THE NORTH AND SOUTH BEACH AREAS OF THE COUNTY AND HE WAS IN AGREEMENT WITH THAT PROPOSAL. HE FURTHER STATED THAT WHEN THE TIME ARRIVES TO ALLOCATE MONEY FOR FIRE PROTECTION HE WOULD BE IN FAVOR OF THE TOWN OF INDIAN RIVER SHORES OBTAINING THEIR FAIR SHARE. CHAIRMAN LOY STATED THAT IT HAS BEEN A KNOWN FACT THAT THIS BOARD WAS NOT SATISFIED WITH THE SYSTEM USED FOR ALLOCATING FUNDS FOR FIRE PRO- TECTION, AND THEY HAVE TRIED IN THE PAST TO COME UP WITH (_SYSTEM• THAT WOULD BE MORE EQUITABLE TO ALL. ATTORNEY JOHNSTON STATED THAT THE TOWN REQUESTS A LETTER FROM THE BOARD STATING THAT IT WOULD BE THE BOARD'S INTENT TO INCLUDE THE TOWN OF INDIAN RIVER SHORES IN THEIR FIRE PROTECTION BUDGET, ON AN EQUITABLE BASIS USED THROUGHOUT THE COUNTY. -52- APR 231975 eon FQc� AFTER DISCUSSION, A MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE A LEITER.TO THE TOWN OF INDIAN RIVER SHORES STATING THAT THE REQUEST FOR FIRE FIGHTING EQUIPMENT PRESENTED BY THE TOWN OF INDIAN RIVER SHORES WOULD BE CONSIDERED ON A NEED AND EQUITABLE BASIS IN RELATION TO THE MONIES AVAILABLE FOR COUNTY -WIDE FIRE PROTECTION, AT THE NEXT BUDGET HEARING, SHERIFF SAM T. JOYCE APPEARED TO INFORM THE BOARD OF SEVERAL FLEA. MARKETS THAT HAVE ESTABLISHED THEMSELVES ALONG NORTH AND SOUTH U.S. 1. THESE FLEA MARKETS ARE CAUSING THE FOLLOWING PROBLEMS: NO RESTROOM FACILLTIESA. INADEQUATE PARKING, TRAFFIC PROBLEMS AND SHERIFF JOYCE QUESTIONED IF THEY ARE OPERATING LEGALLY. HE STATED THAT IF THERE WERE DESIGNATED AREAS FOR THEM OFF THE MAIN HIGHWAY, IT WOULD ELIMINATE SOME OF THE PROBLEMS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ATTORNEY TO INVESTIGATE WHETHER OR NOT FLEA MARKETS ARE IN VIOLATION OF COUNTY CODES AND ORDINANCES. THE BOARD RECESSED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. ATTORNEY COLLINS PRESENTED TO THE BOARD A DRAFT OF A RESOLUTION REGARDING THE STANDARDS OF CONDUCT FOR THE BOARD TO REVIEW, IT WAS THE DECISION OF THE BOARD TO SEND THIS RESOLUTION TO THE ZONING COMMISSION AND THE BOARD OF ADJUSTMENT FOR THEIR REVIEW AND ALSO TO INSTRUCT THE COUNTY AD- MINISTRATOR TO PLACE THIS STANDARDS OF CONDUCT RESOLUTION ON THE AGENDA OF THE NEXT MEETING. THE BOARD DISCUSSED A PUBLIC NOTICE FROM THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES BUREAU OF BEACHES AND SHORES REGARDING AN APPLICATION FOR A COASTAL CONSTRUCTION PERMIT FROM THE SEBASTIAN INLET DISTRICT TO ARTIFICIALLY NOURISH APPROXIMATELY 2,400 FEET OF PUBLIC PARK BEACH AREA IN INDIAN RIVER COUNTY WITH MATERIAL DREDGED FROM THE SEBASTIAN INLET . ' APR 23 1975 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED THAT THE DEPARTMENT OF NATURAL RESOURCES - BUREAU. OF BEACHES AND SHORES BE NOTIFIED THAT THE BOARD HAS NO OBJECTIONS TO THE ABOVE STATED APPLICATION -BBS75-11 FROM THE SEBASTIAN INLET DISTRICT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR WILLIAM B. PAINTER, F,EDERICK OWEN WHITE, WILLIAM C. BEVAN, JR.,-4ILLIAM'H. SEUGLIN DR. JAMES E. COPELAND, JR. FOR PERMITS TO CARRY FIREARMS.. -53- PACE 5 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR CREED KNIGHT, i JR., CARL K. GREENE, JR., WALTER EDWARDS FOR RENEWAL PERMITS TO CARRY FIREARMS. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED ISSUING A DUPLICATE TAX SALE CERTIFICATE N0. 533 TO SAM DETURO, SR. ON THE FOLLOWING DESCRIBED PROPERTY: PINE TREE PARK NO. 1, LOT 19, BLOCK G. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF THE APPLICA- TION OF DAVID LESSANE FOR ADMISSION TO THE A.G. HOLLEY STATE HOSPITAL. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, EXTENSION HOME ECONOMICS AGENT AS FOLLOWS: APR 2 31975 MAY 1 COCOA: URBAN -CI 4-H PROJECTS TRAINING INSTEAD OF APRIL L4TH IN WEST PALM BEACH MAY 5-8 GAINESVILLE: NEW AGENTS CNFERCNCE (EXPENSES PAID BY THE STATE) MAY 21 OKEECHOBEE: TO WORK ON NEW 4-H LEADER HANDBOOK MAY 24 ORLANDO: DISTRICT HORSE SHOW MAY 29 ORLANDO: MASS MEDIA TRAINI(UG (EXPENSES PAID BY THE STATER Two TRIPS TO ST. LUCIE COUNTY EXTENSION OFFICE TO BORROW AND RETURN EQUIPMENT FOR A CANNING LESSON. -56- ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE BONDS OF THE FOLLOWING DEPUTY SHERIFFS AND THEY WERE FILED OSEPH G. ADAMS, JR. LARENCE V.ANDERSON AMES H AITKISSON RTIN J<. LANCHET CHARLES W. BRUMLEY, JR. VA Ji.CARTzER ONALD L. 4OLEMAN, JR. OSEPH ((((((;;;;;;ULPEPEER ICHARD IIMQTHY JOBECK WAYNE IJ LtLDDWARDS THOUSEN WWAYNE ll. ERALI� E ITZGERALD HARL(ES E. � GI BONS UBERT G AVES, R. ENNETH UGENE AMILTON ARY H. A EL HOMAS ERSHEY ALVIN R. ONES LBERT J. KERSEY, JR. ETTY W. KHAIL URT L. KU HN LPH LE TIMER, JR. ILLIAM M.LUTHER HOMAS LE�'j� MCALLISTER AMES L. MCCOY AMUEL J. MITCHELL ICHARAj J NOTT M AVID M. JA ARL E. PEASE ARBARA J. PRINCE OY Ko tloYMOND HILIP gE REDSTONE WILLIAM K. ROODE JOSEPHJA SARDELLA OHN SgLLERS IPPINS RTHUR r. W EKES WALLACE P. WILLIAMS a- AIPR g 1975 WITH THE CLERK OF THE CIRCUIT COURT. 3OBERT R. ALLEN IDDIE ANDERSON, JR. ICHARD AL t. BRIDWELLSTE AXID E. CARTER, JR. .A. ESE[ L. LOOPER CHARLES L 1. LILBUR AVID DAY IDNEY AMES UIiOSE AUL R. I-AFEITA JOSEPH CHARLES FINK EON ASTER RON LURT I S FRETWELL RK S.W.b BBONS RTHUR A. "R IESSER ICHARD W. HARPER ERNARD C. ERSCHMAN EORGE A. HUGHLETT ILY E. JOYCE JOHN J. E. JR. XERNON W. KHAIL F'AUL LUTHER ARIS L. I DSEY GERALD W. LYNCH ILLIAM -. MCLLURE, JR. OHN L. VARTIN, ,JR. ONDREN VITCHELL ENNETI[�� VOTE t AMES . PARSLEY ALBERT JOHN PENSCH ANNY IiAY§ QU I LLEN AMES l�v'Il €AMS IH KEESE JULIAN J. ROYALS LFRED .SSI�T SCOTTO OYLE W. j HARLES R. WHITESIDE ONALD L. WILLIAMS 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. .1. 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 L -2t Csourt, pub- -- the • lisped in said newspaper in the issues of l LC•tL'L'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 / day of / j2I -1 (Clerk of the Ci p it Court, Indian River County, Florida) (SEAL) 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 be Changed in order that the following described property situated in Indian River County, Florida, to. wit: Being all of Lots 17, 18 & 19 lying west of the west line of U.S. Highway No. 1 and the west 200 feet of Lot '20 In Wauregan Subdivision as filed in Brevard County by S. B. Carter in 1888, and being a part of Sections 21 and 30, Fleming Grant, now lying in Indian River County, Florida. Be changed from C-1 Com. • mercial District, and R•1 Single Family District, to R - IMP Mobile Home Park District. A - public hearing in reflation thereto at which parties in interest and citizens shall have an' op- portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, March 27, 1975, at 7:30 P.M., after which 8 public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, In the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wed. nesday, April 23, 1975, at 2:00 P.M. Board of County Commissioners Indian River County By: Alma Lee Loy Chairman Indian River County Zoning Commission By: Ralph Sexton Chairman Mar. 9, 1975. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. RICHARD GEMBERLING OWNER OF THIS PROPERTY WAS PRESENT FOR THIS DISCUSSION. VAL BRENNAN, PLANNING DIRECTOR WAS PRESENT AND STATED THAT THIS REZONING WAS APPROVED BY THE ZONING COMMISSION, BUT THEY REQUESTED MR. GEMBERLING TO PROVIDE A SITE PLAN TO THE PLANNING DEPARTMENT. MR. GEMBERLING HAS NOT AS YET PROVIDED THIS SITE PLAN. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED A ZONING CHANGE FROM C-1 COMMERICAL DISTRICT AND R-1 SINGLE FAMILY DISTRICT TO R-1MP MOBILE HOME PARK DISTRICT AS REQUESTED BY RICHARD GEMBERLING. THE BOARD REQUESTED MR. GEMBERLING TO PROVIDE A SITE PLAN TO THE PLANNING DEPARTMENT. -58- APR 23 1975 •;a1)( C' PAGE RESOLUTION NO. 75-22 WHEREAS, the Zoning Commission o{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 re- commended 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 follow- ing property owned by Richard A. & Patricia A. Gemberling, situa- ted in Indian River County, Florida, to -wit: Being all of Lots 17, 18 & 19 lying west of the west line of U.S. Highway No. 1 and the west 200 feet of Lot 20 in Wauregan Subdivision as filed in Brevard County by S. B. Carter in 1888, and being a part of Sections 21 and 30, Fleming Grant, now lying in Indian River County, Florida. Be changed from C-1 Commercial District, and R-1 Single Family District, to R-1MP Mobile Home Park District. All within the meaning and intent and as set forth and des- cribed in said Zoning Regulation. -59 APR 23 1975 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 In the matter of __ ___in th Iished in said newspaper in the issues of "22Q1Ler 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, adver- tisement; da for a period of one year next preceeding the first publication of the attached copy 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. e Sworn to and subscribed before me this ._____ b day of Jl ? «2_-- A.D. I Aele'-; ` Obloat — Court, was pub- (Clerk of the C (SEAL) APR 2318?5 (Business ManAgi3r) uit Court, Indian River County, Florida) - 60 - 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: 1'8. That the Zoning Map be changed in order that the following described property, situated In Indian .River County, Florida, to - Wit: Beginning at the Northeast corner of Tract 9, Section 3, Township 33 -South, Range 38 - East, Indian River County, Florida; run West along the 1/4 section line a distance of 730.10'; thence run South 00 degrees 41'28" West a distance of 8615' to a point on the South right Of way line of the existing ' 200' right of way of SR 60. Thence continue South 00 . degrees 41'28" West parallel to the East line of Section 3, a distance of 802' to the Point of Beginning. Thence run North 88 degrees 16'32" West parallel to the south right of way line of SR 60 a' distance of 570' more or less to the East right of way line of 1.95. Thence run South along said 1.95 easterly right of ....ay line to a point where the ;.ouch Zine of Tract9, Section 3, Township 33 -South, Range 38 - 'East crosses said 1-95 easterly right of way line. Thence run . easterly along said South line of Tract 9. 1200' more or less to the westerly right of way line o1- 90th Avenue. Thence run North along the westerly right of way line of 90th Avenue ' 700'plus to a point. Thence run North 88 degrees 16'32' West 690' more or less to a point which is on a line with a bearing of North 00 degrees 41'28" East of the Point of Beginning. Thence run South 00 degrees 41'28" West 200' more or less to the Point of -Beginning. Said parcel to contain 16 acres. Be changed from R-ITM Transient Mobile Home District, to C-1 Commercial District. A public hearing In relation thereto at which parties in interest and citizens shall have an op- portunity to be heard will be held by said Zoning Commission In the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, March 27,1975, at 7:30 P.M., after which e -. public hearing in relation thereto' .• at which parties In Interest and citizens shall have an opportunity 'to be heard, will be held by the- . Board of County Commissioners of Indian River County, Florida, In .the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wed- nesday, April 23, 1975, at 2:00 P.M. Indian River County Zoning Commission By: Ralph Sexton Chairman Board of County Commissioners Indian River County By: Alma Lee Loy Chairman -Mar. 6, 1975. BOOK:.. PAG(33.® THE BOARD REQUESTED THE FOLLOWING LETTER AUTHORIZING MICHAEL KENNEY TO REPRESENT RICHARD AND JOSEPH HOLT BE MADE A PART OF THESE 'JINUTES, January 20, 1975 Zoning Department Indian River County, Florida To Whom It May Concern: We hereby authorize Mike A. Kenney and/or A. Lindsley Earle to represent us in the petition for zoning change dated January 20, 1975. Sincerely, 44( i'✓�_ Josa Holt Richard Holt DATE: 1-21-75 IN AND FOR THE COUNTY OF DALLAS STATE OF TEXAS. t:rctary Pubic; State of Florida at Large My Commission Expires Jan. 24, 1978.. MR, KENNEY APPEARED AND MADE HIS PRESENTATION, STATING THAT THIS PROPERTY IS LOCATED IN THE AREA OF 1-95 AND SOUTH OF STATE ROAD 60. SMR. BRENNAN STATED THAT THE ZONING COMMISSION RECOMMENDED APPROVAL OF THIS REZONING, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD; THERE WERE NONE, -61- .APR. 2 31975 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER, 1ASSEY, THE BOARD UNANIMOUSLY APPROVED A ZONING CHANGE FROM R-1TM TRANSI- ENT MOBILE HOME DISTRICT TO C-1 COMMERCIAL DISTRICT, AS REQUESTED BY JOSEPH AND RICHARD HOLT AND PRESENTED BY MICHAEL KENNEY. RESOLUTION NO. 75-23 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, AREAS, 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 parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River., County, Florida, and the accompanying Zoning Map, be changed as follows: 1.. That the Zoning Map be changed in order that the follow- nOing property owned by Joseph Holt and Richard Holt, situated in Indian River County, Florida, to -wit: Beginning a$ the Northeast corner of Tract_9, Section 3, Township 33 -South, Range 38 -East, Indian River County, Florida; run West along the 1/4 section line a distance of 730.10'; thence run South 00 degrees 41' 28" West a distance of 86.75' to a point on the South right of way line of the existing 200' right of way of SR 60. Thence continue South 00 degrees 41' 28" West parallel to the East line of Section 3, a distance of 802' to the Point of Beginning. Thence run North 88 degrees 16' 32" West parallel to the South right of way line of SR 60 a dis- tance of 570' more or less to the East right of way line of I-95. Thence run South along said I-95 easterly right of way line to a point where the South line of Tract 9, Section 3, Township 33 -South, Range 38 -East crosses said I-95 easterly right of way line. Thence run easterly along said South line of Tract 9, 1200' more or less to the west- erly right of way line of 90th Avenue. Thence run North along the westerly right of way line of 90th Avenue 700'+ to a point. Thence run North 88 degrees 16' 32" West •690' more or less to a point which is on a line with a bearing of North 00 degrees 41' 28" East to the Point of Beginning. Thence run South 00 degrees 41' 28" West 200' more or less to the Point of Beginning. Said parcel to contain 16 acres. Be changed from R-1TM Transient Mobile Home District, to C-1 Commercial District. All within the meaning and intent and as set forth and des• - cribed in said Zoning Regulation. -62- APR 231975 BOOK THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 8 n the matter of in the Iished in said newspaper in the issues of _ Court, was pub - Affiant further says that the said Vero Beach Press-Joumai 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. Swom to and subscribed before me this - L day of--_ / ____- A.D. (SEAL) Ctf- APR 23 1975 (Business t- ger (Clerk of the Ci uit Court, I an River County, Florida) C.E. YODER, OWNER OF THE ADVERTISED PROPERTY APPEARED FOR THIS DISCUSSION. THE CHAIRMAN ASKED IF ANYONE PRESENT. WISHED TO BE HEARD; THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UN— ANIMOUSLY APPROVED THE ZONING CHANGE AS REQUESTED BY C.E. YODER. BOOK' . NOTICE NOTICE IS HERESY GIVEN that the Zoning Commission of Indian River County, Florida has tentatively approved the following changes and additons to the Zoning Ordinance of Indian River County, Florida, which changes and ad- ditions are substantially as follows: Va. That the Zoning Map be changed In order that the following described property, situated in Indian River County, Florida, to - wit: All of that part of Government Lots 2, 3, and 4 of Section 25, Township 30 -South, Range 38 - East Tying 660 feet Easterly of and parallel to the centerline of U.S. Highway No. 1 and being more particularly described as commencing et a point on the West boundary of Government Lot 2 and 617.80 feet North of the Southwest corner thereof; thence run North 35 degrees 10'00" East to the Easterly right-of-way of said U.S. Highway No. 1 a distance of 676.48 feet to the point of beginning; Thence • continue North 35 degrees 10'00" East a distance of 774.33 P feet; , Thence run South 15 degrees 36.25" East and parallel to the centerline of U.S, Highway No. 1 a distance of 1620.86 feet;Thence run South 41 degrees 34'51" West a distance of 374.85 feet; Thence run South 46 degrees 29'11" West a distance of 322.28 feet to the said Easterly right-of-way of U.S. Highway No. 1; Thence run North 15 degrees 36'25" West along said Easterly right-of-way a distance of 1485.15 feet to the point of beginning; saidparcellying .and being in Indian River County, Florida, less and excepting therefrom the following described parcel; Be changed from C-1 Com- mercial District to R -1A Single Family District. All of that part of Government Lots 2, 3, and 4, Section 25, Township 30 -South, Range 38 - East, lying Easterly of U.S. Highway No. 1 and being more particularly described as commencing at a point on the West boundary of Government Lot 2 and 617,80 feet North of the Southwest corner thereof; Thence run North 35 degrees 10'00" East to the Easterly right-of-way of U.S. Highway NO. a distance of 676.48 feet to the point of beginning; Thence continue North 35 degrees 10' 00" East a distance of 103.99 feet; Thence run South 34 degrees 23'43" East a distance of 1326.92 feet; Thence run , South 41 degrees 34'51" West a ditsance of 265.48 feet; Thence run South 46 degrees 29'11" West a distance of 322.28 feet to said Easterly right-of-way of U.S. Highway No. 1; Thence run North 15 degrees 36'25" West along said Easterly right-of-way a distance of 1485.15 feet to the point of beginning; said parcel lying and being in Indian River County, Florida, Presently zoned C-1 Com- ' mercial District; To Remain C-1 Commercial District. A public hearing in relation :thereto at which parties in interest and citizens shall have an op- portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, March 27, 1975, at 7:30 P.M., after which a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach; Florida, on Wed• nesday, April 23, 1975, at 2:00 P.M. Indian River County Zoning Commission By: Ralph Sexton Chairman Board of County Commissioners Indian River County By: Alma Lee Loy Chairman !Mr., 6, 1975. 22 pAGt3 APR 2,31975 RESOLUTION .No.75 -24 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and•, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public 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 follow- ing property owned by C. E. Yoder, situated in Indian River County, Florida, to -wit: All of that part of Government Lots 2, 3, & 4, of Section 25, Township 30 -South, Range 38 -East, lying 660 feet East- erly of and parallel to the centerline of U.S. Highway #1 and being more particularly described as commencing at a point on the West boundary of Government Lot 2 and 617.80 feet North of the Southwest corner thereof; Thence run North 35 degrees 10' 00" East to the Easterly right-of- way of said U.S. Highway #1 a distance of 676.48 feet to the point of beginning; Thence continue North 35 degrees 10' 00" East a distance of 774.33 feet; Thence run South 15 degrees 36' 25" East and parallel to the centerline of U.S. Highway #1 a distance of 1620.86 feet; Thence run South 41 degrees 34' 51" West a distance of 374.85 feet; Thence run South 46 degrees 29' 11" West a distance of 322.28 feet to the said Easterly right-of-way of U.S. High- way #1; Thence run North 15 degrees.36' 25" West along said Easterly right-of-way a distance of 1485.15 feet to the point of beginning; said parcel lying and being in Indian River County, Florida, LESS AND EXCEPTING therefrom the following described parcel; Be changed from C-1 Commercial District to R -1A Single Fam- ily District. All of that part of Government Lots 2, 3, & 4, Section 25, Township 30 -South, Range 38 -East lying Easterly of U.S. Highway #1 and being more particularly described as commenc- ing at a point on the West boundary of Government Lot 2 and 617.80 feet North of the Southwest corner thereof; Thence run North 35 degrees 10' 00" East to the Easterly right-of- way of U.S. Highway #1 a distance of 676.48 feet to the point of beginning; Thence continue North 35 degrees 10' 00" East a distance of 103.99 feet; Thence run South 34 de- grees 23' 43" East a distance of 1326.92 feet; Thence run South 41 degrees 34' 51" West a distance of 265.48 feet; Thence run South 46 degrees 29' 11" West a distance of 322.28 feet to said Easterly right-of-way of U.S. Highway #1; Thence run North 15 degrees 36' 25" West along said Easterly right- of-way a distance of 1485.15 feet to the point of beginning; said parcel lying and being in Indian River County, Florida. Presently zoned C-1 Commercial District; To Remain C-1 Comma}cial District. All within the meaning and intent and as set forth and des- cribed in said Zoning Regulation. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF IIAEGER HIGHLAND SUBDIVISION, SUBJECT TO ALL THE FORMAL SIGNATURES BEING ON THE PLAT BEFORE THE COUNTY ADMINISTRATOR SIGNS IT, DEWEY WALKER, ZONING DIRECTOR, APPEARED TO DISCUSS WITH THE BOARD WHETHER OR NOT THE STATE IS REQUIRED TO OBTAIN COUNTY BUILDING PERMITS FOR THE FIRST OFFENDERS PRISON BEING CONSTRUCTED IN INDIAN RIVER COUNTY, ATTORNEY COLLINS STATED THE STATE DOES NOT HAVE TO OBTAIN PERMITS, BUT IN SOME INSTANCES DID ALLOW THE COUNTY BUILDING INSPECTOR TO INSPECT THE PREMISES, AND THEY HAVE FOLLOWED THE COUNTY'S RULES, MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, TO EXEMPT THE STATE OF FLORIDA FROM OBTAINING BUILDING PERMITS FOR THE CONSTRUCTION OF THE FIRST OFFENDERS PRISON BEING CONSTRUCTED IN INDIAN RIVER COUNTY, MR. WALKER STATED THAT THE STATE IS PLANNING TO PLACE TRAILERS ON THE PRISON PROPERTY, AND THIS PROPERTY IS NOT ZONED FOR TRAILERS. COMMISSIONER SIEBERT STATED THAT STATE AGENCIES SHOULD BE SUB- JECT TO GOVERNMENTAL LAW, AND THE COUNTY SHOULD HAVE SOME CONTROL, IF THE STATE PLACES TRAILERS IN AN AREA NOT ZONED FOR TRAILERS, THEN THE ZONING SHOULD BE CHANGED, COMMISSIONER SIEBERT WITHDREW HIS MOTION, AND COMMISSIONER MASSEY WITHDREW HIS SECOND, CHAIRMAN LOY STATED THAT IN HER OPINION, THE INSPECTIONS SHOULD BE DONE BY DON ADAMS, BUILDING DIRECTOR, BECAUSE THE COUNTY WILL BE RE- SPONSIBLE FOR FIRE PROTECTION, COMMISSIONER SIEBERT STATED THAT HE FEELS THE STATE SHOULD HAVE BUILDING PERMITS AND INSPECTIONS, ATTORNEY COLLINS STATED THAT HE WILL RESEARCH THIS QUESTION FURTHER, AND IF HE COMES UP WITH ANYTHING DIFFERENT THAN WHAT HE HAS ALREADY TOLD THE BOARD, HE WILL PRESENT IT AT THE NEXT MEETING, JAMES BEINDORF, ENGINEER, REPRESENTING TREASURE COVE SUBDIVISION, APPEARED REQUESTING AN EXTENSION OF TENTATIVE APPROVAL WHICH WAS GRANTED TO TREASURE COVE SUBDIVISION ON APRIL 23, 1974. MR, BEINDORF STATED THAT THE DEVELOPERS ARE WORKING ON THIS SUBDIVISICN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER -65- APR 23 1975 MASSEY, THE BOARD UNANIMOUSLY AGREED AN EXTENSION OF TENTATIVE APPROVAL BE GRANTED FOR ONE YEAR ON TREASURE COVE SUBDIVISION AS PRESENTED BY JAMES BEINDORF, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED RETROACTIVE OUT -OF -COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR WHO ATTENDED A DEPARTMENT OF TRANS- PORTATION MEETING IN FORT LAUDERDALE ON APRIL 17, 1975, ATTORNEY COLLINS STATED THAT PURSUANT TO THE BOARD'S REQUEST AT THE LAST MEETING, HE CONTACTED BY TELEPHONE i, KENDALL SHARP, ATTORNEY REPRESENTING ALL MCKEE JUNGLE GARDENS, INC, INTERESTS, ATTORNEY COLLINS EXPLAINED TO ATTORNEY SHARP THAT THE BOARD WAS NOT INTERESTED I9 PUR- CHASING PROPERTY TO THE WEST AND SOUTH OF TUE GARDENS, ATTORNEY SHARP INDICATED THAT THE.PRICE WAS A FIRM PRICE OF ONE MILLION DOLLARS, AND HE STATED THAT IF THE COUNTY DID NOT WANT TO BUY THE TRAILER PARK, THERE WOULD BE A REDUCTION IN PRICE OF S2'19,')1'), Oft, HE STATED THAT HE HAS THE AUTHORITY TO NEGOTIATE !JITH THE COUNTY COMMIS- SIONERS, ATTORNEY COLLINS INFORMED TME BOARD THAT HE THE'I RECEIVED A LETTER FROM ATTORNEY SHARP STATING THAT HE HAD COMMUNICATED WITH MSR, LATTA, ONE OF THE ONWERS OF MCKEE JUNGLE GARDENS, TO SEE IF THERE WOULD BE A REDUCTION IN PRICE IF THE PROPERTY WEST AND SOUTH OF THE GARDENS WERE DELETED FROM THE PACKAGE, BUT HE HAD NOT RECEIVED AN ANSWER, PAUL GOODRIDGE, A MEMBER OF THE COMMITTEE FOR T!IE PRESERVATION OF MCKEE JUNGLE GARDENS, STATED THAT HE HAS REVIEWED THIS WHOLE PARCEL, AND FEELS THAT THE PROPERTY WEST OF L,S,1 IS NOT ESSENTIALLY OF MUCH VALUE BECAUSE IT IS ONLY 40 FEET AT ITS WIDEST POINT, HE STATED, HOWEVER, THAT THE REMOVAL OF THE TRAILER PARK GROUNDS FROM THE WHOLE PACKAGE WOULD LEAVE A GAP; THERE WOULD BE NO INGRESS AND EGRESS TO THE TRAILER PARK; AND THIS SHOULD BE CONSIDERED AS A WHOLE PACKAGE, VIOLA HOTTENROTH APPEARED AND STATED THAT SHE WAS NOT IN FAVOR OF THE COUNTY PURCHASING MCKEE JUNGLE GARDENS FOR ONE MILLION DOLLARS, AFTER DISCUSSION ON MOTION MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED THAT BASEL) ON THE RE- PORT GIVEN BY ATTORNEY COLLINS, THAT ATTORNEY COLLINS NOTIFY THE MCKEE- SEXTON LAND DEVELOPMENT COMPANY THAT IF THE PRICE IS ONE MILLION DOLLARS OR $800,000 WHICH DELETES THE CAMPGOUNDS, THE COUNTY IS NOT INTERESTED IN PURCHASING THE GARDENS, -66- c APR 2 31975 ATTORNEY COLLINS INFORMED THE BOARD. THAT HE GAVE AN OPINION TO THE ZONING DEPARTMENT REGARDING A BEVERAGE•LICENSE APPLICATION FOR THE MOORINGS GOLF CLUB TO SERVE ALCHOLIC BEVERAGES. THIS,,GOLF CLUB PROPERTY ADJOINS ST. EDWARD'S SCHOOL GROUNDS. ATTORNEY COLLINS STATED THAT COUNTY RESOLUTION 67-42 STATES THAT YOU CANNOT SELL ALCHOLIC BEVERAGES WITHIN 2,500 FEET FROM A CHURCH OR A SCHOOL. THE DISTANCE TO BE MEASURED BY FOLLOWING THE SHORTEST ROUTE OF ORDINARY PEDESTRIAN TRAVEL ALONG THE PUBLIC THOROUGHFARE FROM THE MAIN EN- TRANCE OF BUSINESS TO THE MAIN ENTRANCE OF THE SCHOOL OR CHURCH. ATTORNEY. COLLINS CONTINUED THAT THE MAIN ENTRANCE OF THE MOORINGS IS THREE-QUARTERS OF A MILE SOUTH OF THE MAIN ENTRANCE TO THE SCHOOL, AND BECAUSE OF THIS WORDING IN THE RESOLUTION, HE RULED THAT THE BEVERAGE LICENSE APPLICATION FOR THE MOORINGS GOLF CLUB BE APPROVED. THE BOARD AGREED TO CONSIDER CHANGING THIS RESOLUTION No. 67-42. ATTORNEY COLLINS' LETTER TO THE ZONING DEPARTMENT IS HEREBY BEING MADE A PART OF THESE MINUTES. /717 COMMISSIONERS RICHARD P. BOGOSIAN, Chairman •.7A �IF� ALMA LEE LOY, Vice -Chairman JACK U. DRITENBAS D. B. McCULLERS, JR. EDWARD J. MASSEY PAUL D. BURCH RALPH HARRIS Attorney to the Board Clark JACK G. JENNINGS, Administrator ROAD AND BRIDGE DEPARTMENT APR 231975 INDIAN RIVER COUNTY V JLY Mr. Howard Pautzke Zoning Inspector Indian River County Courthouse Vero Beach, Florida VERO BEACH, FLORIDA . 32960 April 22, 1975 Dear Mr. Pautzke: I have reviewed the Resolution affecting the limitation on constructing beverage outlets within approximately 2,500 feet of a school or church and find that, although our particular situation appears to be in violation of the intent of the' Resolution, it is not, in fact, a violation as the Resolution 0.s worded. I cite primarily the reference to measurements from the main entrance to the premises of the liquor establishment and the nearest property line which is approximately one-half to three-quarters of a mile. If you measure pedestrian traffic on the public thoroughfare from the location of the liquor establish- ment to the school, it is closer to two miles distance. Under this present situation, I had no alternative but to give you an opinion that the request for zoning re- garding the beverage license application should be granted. GGC,Jr/ph Best regards, GEONGE'G. COLLINS, JR. Acting County Attorney :0 -67- • PAgt AS STATED 1N THE MINUTES OF THE LAST MEETING,AN INSPECTION OF. THE OLD GRANT BUILDING ON 21ST STREET WAS MADE BY SEVERAL COMMISSIONERS, DON ADAMS, BUILDING DIRECTOR, THE COUNTY ADMINISTRATOR AND ANN REUTER, REAL ESTATE BROKER. AFTER REVIEWING THE BUILDING THE OWNER WAS REQUESTED TO PREPARE A FLOOR PLAN OF THIS BUILDING AND PRESENT IT TO THE COUNTY COMMISSIONERS. COMMISSIONER MASSEY DISCUSSED THE INADEQUATE OPERATION OF THE AIR CONDITIONING UNIT IN THE COURTHOUSE ANNEX SECOND FLOOR, NORTHEAST SECTION OF THE BUILDING. COMMISSIONER SCHMUCKER QUESTIONED A STATEMENT PRESENTED FOR PAYMENT STATING THAT THE PLANNING DEPARTMENT PURCHASED AN ELECTRIC ERASER AT A COST OF $33.50 FROM A COMPANY IN RIVERIA BEACH. COMMISSIONER SCHMUCKER QUESTIONED WHY THIS WAS NOT PURCHASED LOCALLY. THIS WILL BE DISCUSSED WITH THE PLANNING DIRECTOR. COMMISSIONER SCHMUCKER REQUESTED THAT A SPEED STUDY BE MADE OF KINGS HIGHWAY FROM STATE ROAD 60 TO NORTH GIFFORD ROAD. THE COUNTY ADMINISTRATOR WILL INVESTIGATE THIS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-25 AND RESOLUTION No. 75-26. -68- APR 231975 BOOK tuE338 A - RESOLUTION NO. 75-25 WHEREAS, INDIAN RIVER COUNTY is preparing to celebrate its Fiftieth Anniversary; and WHEREAS, INDIAN RIVER LIFE MAGAZINE is a Magazine of wide circulation within INDIAN RIVER COUNTY; and WHEREAS, during the period of publication of INDIAN RIVER LIFE MAGAZINE, INDIAN RIVER COUNTY has been featured and the COUNTY'S attributes of good government, quality of life, and soundness of growth along the Atlantic Ocean and Indian River; and WHEREAS, INDIAN RIVER LIFE MAGAZINE will continue to promote the attributes of INDIAN RIVER COUNTY during the Fiftieth Anniversary and thereafter; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, unanimously name the INDIAN RIVER LIFE MAGAZINE the official Magazine for the Fiftieth Anniversary Celebrations for INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ea4,72 Alma Lee Loy, Chaimi7.- Attest: G!L-'G�✓��Gr�/ Ralph Harris, Clerk APR 231975 ROOK. RESOLUTION NO. 75-26 WHEREAS, the PRESS JOURNAL NEWSPAPER of INDIAN RIVER COUNTY has been in existence for over fifty-six (56) years reporting the current news of interest to our community; and WHEREAS, the reporting of the news has:always. been on a reliable and factual basis, evidenced by the numerous awards the PRESS JOURNAL has earned over the years; and WHEREAS, INDIAN RIVER COUNTY is celebrating its Fiftieth Anniversary and said Celebration will be evidenced in the PRESS JOURNAL by a June Special Anniversary Edition; and WHEREAS, the PRESS JOURNAL'S depositories are rich in INDIAN RIVER COUNTY lore dating back'to 1919 to the current date; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, hereby proclaims the PRESS JOURNAL the Official Newspaper for the Fiftieth Anniversary Celebrations and congratulates the PRESS JOURNAL for the fine reporting services they have performed for INDIAN RIVER COUNTY over the last fifty-six (56) years. Attest: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CCNTY,. FJtQRIDA By 1ph Harris, C erk APR 23 1975 oy, Chair un9k, 22 pr 34- ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO COOPERATE WITH THE INDIAN RIVER SCHOOL BOARD IN PROVIDING SUMMER RECREATIONAL PROGRAMS FOR THE INDIAN RIVER MIDDLE SCHOOL AND DOUGLAS ELEMENTARY SCHOOL ON A 50-50 BASIS, WITH -. COUNTY'S FUNDS OF APPROXIMATELY $10,000.00, WHICH..WILL COME OUT OF NEXT YEARS BUDGET. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COMMISSIONER SCHMUCKER WHO ATTENDED A REGIONAL PLANNING COUNCIL MEETING IN ORLANDO, ON APRIL 2, 1975. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COMMISSIONER SIEBERT WHO ATTENDED A WATER MANAGEMENT DISTRICT MEETING AT MERRITT ISLAND, ON APRIL 11, 1975. RALPH HARRIS, CLERK APPEARED TO EXPLAIN THE FINANCIAL DISCLOSURE FORMS THAT THE COMMISSIONERS MUST FILE WITH THE CLERK BY MAY 15, 1975. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: GENERAL FUND Nos. 4179-4222 IN- CLUSIVE; ROAD AND BRIDGE FUND Nos. 2211 - 2234 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 873 - 881 INCLUSIVE; CAPITAL OUTLAY FUND No. 174. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLE- MENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. ATTEST: 4g2RK0' c. APR 2 31975 (Z2 CHAIRMAN et_ a2S,67" -71- epos 22 PAGE 34�